Rondberg et al v. McCoy et al
Journal of Vertebral Subluxation and Terry Rondberg |
Mathew McCoy, DOES 1 to 100, inclusive, Dr. Matt McCoy and Matt McCoy |
The Chiropractic Journal |
3:2009cv01672 |
August 3, 2009 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Marilyn L Huff |
MJ xBencivengo |
Racketeer/Corrupt Organization |
28 U.S.C. § 1441 pr Petition for Removal |
None |
Docket Report
This docket was last retrieved on December 10, 2010. A more recent docket listing may be available from PACER.
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Filing 49 ORDER granting #48 Joint Motion to Dismiss. The parties have consented that U.S. Magistrate Judge Cathy Ann Bencivengo, or her successor, will retain jurisdiction to enforce the terms of the written settlement agreement. Signed by Judge Marilyn L. Huff on 12/10/2010. (ag) (cap). |
Filing 48 Joint MOTION to Dismiss by Mathew McCoy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Walton, Edward) (ag). |
Filing 47 NOTICE OF WITHDRAWAL OF DOCUMENT by Mathew McCoy re #45 Joint MOTION to Dismiss filed by Mathew McCoy. (Attachments: #1 Proof of Service)(Walton, Edward) (ag). |
Filing 46 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A joint motion for dismissal and a proposed order for dismissal were submitted on 11/22/10. Therefore, the Settlement Disposition Conference scheduled for November 23, 2010 shall be VACATED. (ma) |
Filing 45 DOCUMENT WITHDRAWN PER DOCUMENT NO. #47 - Joint MOTION to Dismiss by Mathew McCoy. (Attachments: #1 Exhibit A, #2 Proof of Service)(Walton, Edward). Modified on 11/23/2010 - Pleading has Proposed Order. Email sent to Atty re ECF Proposed Order policy (jah). Modified on 11/24/2010 to term motion and note that the document is withdrawn (ag) |
Filing 44 ORDER: A Joint Motion for Dismissal shall be electronically filed on or before 11/22/2010. If a Joint Motion for Dismissal and proposed order for dismissal are not submitted on or before 11/22/2010, then a Settlement Disposition Conference shall be held on 11/23/2010 at 1:30 PM before Judge Bencivengo. The conference shall be telephonic, with attorneys only. If a Joint Motion for Dismissal and proposed order for dismissal are received on or before 11/22/2010, the Settlement Disposition Conference shall be vacated. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/22/2010.(ag) (jrl). |
Filing 43 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference was held on 10/22/2010. Order to follow.(aet) |
Filing 42 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A telephonic Mandatory Settlement Conference was held on 10/13/2010. The parties have reached a settlement in principle and are now drafting settlement documents. A Status Conference is set for 10/22/2010 at 09:00 AM before Magistrate Judge Cathy Ann Bencivengo to review the status of the settlement documents. The conference shall be telephonic, with attorneys only. Counsel for plaintiff shall coordinate and initiate the conference call.(aet) |
Filing 41 ORDER Denying (Doc. #38 ) Plaintiff's Motion for an Order Requiring Defendant to Turn Over Internet Access Codes. Signed by Judge Marilyn L. Huff on 7/26/2010. (srm)(mam). |
Filing 40 RESPONSE in Opposition re #38 Ex Parte MOTION for Hearing Turn Over Internet Access filed by Mathew McCoy. (Attachments: #1 Proof of Service)(Taylor, Lisa) (ag). |
Filing 39 ORDER re #38 Ex Parte MOTION for Hearing Turn Over Internet Access. Defendant to file a response in opposition to Plaintiff's motion on or before 7/9/2010. Plaintiff may file a reply on or before 07/16/2010. Signed by Judge Marilyn L. Huff on 06/25/2010.(ag) (jrl). |
Filing 38 Ex Parte MOTION for Hearing Turn Over Internet Access by Terry Rondberg. (Papenfuss, Herbert) (ag). |
Filing 37 ORDER granting #35 Motion to Substitute Attorney. Added attorney Herbert Papenfuss for Journal of Vertebral Subluxation, Terry Rondberg, and for The Chiropractic Journal. Attorney Carlos F Negrete terminated. Signed by Judge Marilyn L. Huff on 05/26/2010. (ag) (jrl). |
Filing 36 Proposed Order Approving Substitution of Attorney. (Papenfuss, Herbert) Modified on 5/24/2010 to correct text, emailed atty to email proposed order to chambers (ag) |
Filing 35 MOTION to Substitute Attorney. (Papenfuss, Herbert) Modified on 5/24/2010 to correct docket text and correct the event (ag). |
Filing 34 ORDER: A Mandatory Settlement Conference is set for 10/13/2010 at 2:00 PM in Courtroom E before Magistrate Judge Cathy Ann Bencivengo. The Memorandum of Contentions of Fact and Law is due by 2/28/2011 and the Proposed Pretrial Order is due by 3/21/2011. The Final Pretrial Conference is set for 3/28/2011 at 10:30 AM in Courtroom 13 before Judge Marilyn L. Huff. Signed by Magistrate Judge Cathy Ann Bencivengo on 05/17/2010.(ag)(mam). |
Filing 33 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Case Management Conference was held on 5/17/2010. Scheduling order to follow.(aet) |
Filing 32 Notice of Document Discrepancy and Order Thereon by Magistrate Judge Cathy Ann Bencivengo Rejecting Document: Joint Report of Parties per Rule 26(f) from Defendant Mathew McCoy. Non-compliance with local rule(s), OTHER: Joint discovery plans are lodged, not filed. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Cathy Ann Bencivengo on 5/10/2010. (cap) |
Filing 31 STRICKEN DOCUMENT. (ag). |
Filing 30 ORDER Following Mandatory Settlement Conference, Setting rule 26 Compliance and Notice of Case Management Conference: On 4/1/2010 the Court held a Mandatory Settlement Conference. The case did not settle. A telephonic, attorneys-only Case Management Conference is set for 5/17/2010 09:30 AM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/2/2010.(mjj)(jrl). |
Filing 29 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Mandatory Settlement Conference was held on 4/1/2010. The case did not settle. Order to follow.(aet) |
Filing 28 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Early Neutral Evaluation Conference held on 3/10/2010. The case did not settle. The Court confirms the Mandatory Settlement Conference currently set for 4/1/10. If the parties wish to update their settlement statements, they may do so on or before March 25, 2010. (ma) |
Filing 27 ORDER Denying Defendant's #26 Ex Parte Application to Continue Early Neutral Evaluation Conference. However, the ENE shall be Converted to a telephonic conference, with attorneys only. A Mandatory Settlement Conference shall be held on April 1, 2010, at 2:00 p.m. in Courtroom E before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 3/2/2010. (knh)(kaj). |
Filing 26 Ex Parte MOTION for Order Continuing the Early Neutral Evaluation Conference by Mathew McCoy. (Attachments: #1 Declaration of Edward C. Walton, #2 Proof of Service)(Walton, Edward) (ag). |
Filing 25 ANSWER to #23 Counterclaim by Terry Rondberg, The Chiropractic Journal. (Attachments: #1 Proof of Service)(Negrete, Carlos) (ag). |
Filing 24 ORDER: An Early Neutral Evaluation is set for 3/10/2010 at 2:00 PM in Courtroom E before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 02/01/2010.(ag)(jrl). |
Filing 23 COUNTERCLAIM against Terry Rondberg, The Chiropractic Journal, filed by Mathew McCoy. (Attachments: #1 Proof of Service)(Taylor, Lisa) (ag). |
Filing 22 ANSWER to #8 First Amended Complaint by Mathew McCoy. (Attachments: #1 Proof of Service)(Taylor, Lisa) (ag). |
Filing 21 ORDER granting #20 Ex Parte Motion for Extension of Time to Answer. Mathew McCoy answer due 1/29/2010. Signed by Judge Marilyn L. Huff on 01/12/2010. (ag) (jrl). |
Filing 20 Ex Parte MOTION for Extension of Time to File Answer to to Second Amended Complaint by Mathew McCoy. (Attachments: #1 Declaration Lisa G. Taylor, #2 Proof of Service)(Taylor, Lisa) (ag). |
Filing 19 ORDER denying #17 Motion for Reconsideration. The hearing date previously set for 2/8/2010 is hereby vacated. Signed by Judge Marilyn L. Huff on 01/11/2010. (ag) Modified on 1/14/2010 to indicate hearing date vacated (cap). |
Filing 18 ORDER granting #16 Motion for Extension of Time to Answer. Mathew McCoy answer due 1/15/2010. Signed by Judge Marilyn L. Huff on 01/05/2010. (ag) (jrl). |
Filing 17 MOTION for Partial Reconsideration re #14 Order on Motion to Dismiss by Journal of Vertebral Subluxation, Terry Rondberg, The Chiropractic Journal. (Negrete, Carlos) (ag). |
Filing 16 Joint MOTION for Extension of Time to File an Answer by Terry Rondberg. (Taylor, Lisa) (ag). Modified on 1/6/2010 to correct event used (ag). |
Filing 15 Joint MOTION to Continue Time to Respond to Plaintiff's First Amended Complaint by Mathew McCoy. (Taylor, Lisa) Modified on 12/29/2009 to term motion, motion re-filed in document no. #16 (ag). |
Filing 14 ORDER Granting in Part and Denying in Part Defendant McCoy's #10 Motion to Dismiss First Amended Complaint. Signed by Judge Marilyn L. Huff on 12/21/09. (mkz) (jrl). |
Filing 13 REPLY re #12 Response in Opposition to Motion re #10 MOTION to Dismiss First Amended Complaint filed by Mathew McCoy. (Attachments: #1 Proof of Service)(Walton, Edward) (ag). |
Filing 12 RESPONSE in Opposition re #10 MOTION to Dismiss First Amended Complaint filed by Terry Rondberg and The Chiropractic Journal. (Negrete, Carlos) (ag). |
Filing 11 ORDER: Motion Submitted re #10 MOTION to Dismiss First Amended Complaint. The Motion Hearing set for 12/21/2009 at 10:30 AM is vacated. Signed by Judge Marilyn L. Huff on 12/3/2009. (ag)(jrl). |
Filing 10 MOTION to Dismiss First Amended Complaint by Mathew McCoy. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss FAC, #2 Declaration of Lisa Taylor, #3 Exhibit A to Declaration of Taylor re Motion to Dismiss FAC, #4 Exhibit B to Declaration of Lisa Taylor to Motion to Dismiss FAC, #5 Proposed Order, #6 Proof of Service)(Walton, Edward) emailed atty to email proposed order to chambers (ag). |
Filing 9 NOTICE of Errata to Caption Page re #8 First Amended Complaint by Terry Rondberg (Attachments: #1 Amended Caption Page of First Amended Complaint)(Negrete, Carlos). Modified on 10/23/2009 - All caps used. Email sent to Atty. Corrected text (jah). |
Filing 8 First AMENDED COMPLAINT against DOES, Mathew McCoy, filed by Terry Rondberg.(Negrete, Carlos) emailed atty re signature (ag). |
Filing 7 ORDER granting #3 Motion to Dismiss the First Amended Complaint. Plaintiff may file an amended complaint curing the noted deficiencies within thirty (30) days of the date of this Order. Signed by Judge Marilyn L. Huff on 09/21/09. (ag) (kaj). |
Filing 6 REPLY to Response to Motion re #3 MOTION to Dismiss [FRCP 12(b)(6)] or in the Alternative for a More Definite Statement [FRCP 12 (e)], #2 MOTION to Dismiss FRCP12(b)(6) filed by Mathew McCoy. (Attachments: #1 Proof of Service)(Walton, Edward) (ag). |
Filing 5 RESPONSE in Opposition re #3 MOTION to Dismiss [FRCP 12(b)(6)] or in the Alternative for a More Definite Statement [FRCP 12 (e)], #2 MOTION to Dismiss FRCP12(b)(6) filed by Terry Rondberg, The Chiropractic Journal, Journal of Vertebral Subluxation. (Negrete, Carlos) (ag). |
Filing 4 CERTIFICATE OF SERVICE by Mathew McCoy re #1 Notice of Removal (Walton, Edward) (ag). |
Filing 3 MOTION to Dismiss [FRCP 12(b)(6)] or in the Alternative for a More Definite Statement [FRCP 12 (e)] by Mathew McCoy. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Walton, Edward) (ag). |
Filing 2 MOTION to Dismiss FRCP12(b)(6) by Mathew McCoy. (Attachments: #1 Proof of Service)(Walton, Edward) (ag). |
Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of San Diego, case number 37-2009-00051480-CU-BC-NC t/w first amended complaint. ( Filing fee $ 350 Receipt number CAS3842), filed by Mathew McCoy.(jer) (av1). |
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