Melingonis v. Network Communications International Corp.,
Plaintiff: Chris Melingonis
Defendant: Network Communications International Corp., doing business as 1-800-Call-4-Less
Case Number: 3:2010cv01364
Filed: June 29, 2010
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Michael M Anello
Referring Judge: Nita L Stormes
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 19, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2011 Opinion or Order Filing 28 ORDER granting #27 Joint Motion to Dismiss. The Court grants the parties' Joint Motion and this action is dismissed with prejudice as to the named Plaintiff Chis Melingonis, and dismissed without prejudice as to the alleged putative class. Clerk of Court is hereby instructed to close the case file. Signed by Judge Michael M. Anello on 9/19/2011. (leh) (cap).
September 15, 2011 Filing 27 Joint MOTION to Dismiss Action with Prejudice as to Plaintiff Chris Melingonis and Without Prejudice as to the Class Claims by Chris Melingonis. (Swigart, Joshua)(leh).
May 24, 2011 Opinion or Order Filing 26 FIRST AMENDED SCHEDULING ORDER - Granting #25 Joint Motion for Extension of Time to Complete Discovery. It is hereby ordered that the Final Pretrial Conference is set for 12/10/2012 at 2:30 PM in Courtroom 05 before Judge Michael M. Anello. Trial is set for 1/15/2013 before Judge Michael M. Anello. The Court will hold two Mandatory Settlement Conferences, which are set for 4/24/2012 at 2:30 PM in the Chambers of Magistrate Judge Nita L. Stormes and 10/24/2012 at 2:30 PM in the Chambers of Magistrate Judge Nita L. Stormes. The Proposed Pretrial Order is due by 12/3/2012. Signed by Magistrate Judge Nita L. Stormes on 5/24/2011. (All non-registered users served via U.S. Mail Service)(leh) (jcj).
May 20, 2011 Filing 25 Joint MOTION for Extension of Time to Complete Discovery and Motion for Extension of Time for Plaintiff to File Class Certification Brief by Chris Melingonis. (Attachments: #1 Proof of Service)(Leimbach, David) (kaj).
February 28, 2011 Opinion or Order Filing 24 SCHEDULING ORDER: It is hereby ordered that two Mandatory Settlement Conferences will be held. They are set for 3/13/2012 at 2:00 PM and 9/12/2012 at 9:30 AM, both located in the Chambers of Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 10/15/2012. Final Pretrial Conference set for 10/22/2012 at 2:30 PM in Courtroom 05 before Judge Michael M. Anello. Signed by Magistrate Judge Nita L. Stormes on 2/28/2011.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
February 25, 2011 Filing 23 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Telephonic Early Neutral Evaluation Conference was held on 2/25/2011. Case did not settle. Scheduling order to issue.(sdh)
February 4, 2011 Filing 22 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference (ENE)was held on 2/3/2011; case did not settle. However, the Court has granted parties' request to reconvene the ENE in 10 days. Accordingly, the Court HEREBY SETS a telephonic ENE for 2/25/11 at 9:30 a.m. Defendant is to initiate the conference call into chambers.(sdh)
December 15, 2010 Opinion or Order Filing 21 NOTICE AND ORDER for Telephonic Early Neutral Evaluation Conference With Counsel Only: It is ordered that an Early Neutral Evaluation with counsel only shall be held telephonically on 2/3/2011 at 2:00 PM before Magistrate Judge Nita L. Stormes. Counsel for plaintiff shall be responsible for initiating the telephonic ENE. Signed by Magistrate Judge Nita L. Stormes on 12/15/2010.(leh) (jrl).
December 14, 2010 Filing 20 CERTIFICATE OF SERVICE by Network Communications International Corp., re #19 Answer to Amended Complaint (Bluth, Andrew)(leh).
December 14, 2010 Filing 19 ANSWER to #7 Amended Complaint by Network Communications International Corp.,.(Bluth, Andrew)(leh).
November 30, 2010 Opinion or Order Filing 18 ORDER denying #11 Defendant's Motion to Dismiss: For the reasons set forth in the Court's #16 Notice and Order Providing Tentative Rulings, as well as the reasons stated on the record during the November 30, 2010 motion hearing, the Court AFFIRMS its tentative ruling DENYING Defendant's motion to dismiss. Defendant shall answer Plaintiff's first amended complaint within the time required by the Federal Rules of Civil Procedure. SO ORDERED by Judge Michael M. Anello on 11/30/2010.(dmr) Modified on 11/30/2010 (dmr).
November 30, 2010 Filing 17 Minute Entry for proceedings held before District Judge Michael M. Anello: Motion Hearing held on 11/30/2010 re #11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) filed by Network Communications International Corp., Court to issue order (Court Reporter Elizabeth Cesena).(Plaintiff Attorney David Christopher Leimbach). (Defendant Attorney Andrew Daniel Bluth, Robert Hyde). (ibf)
November 29, 2010 Opinion or Order Filing 16 NOTICE and ORDER Providing Tentative Rulings Re: #11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) filed by Network Communications International Corp. Signed by Judge Michael M. Anello on 11/29/2010.(leh)(jrl).
November 23, 2010 Filing 15 CERTIFICATE OF SERVICE by Network Communications International Corp., re #14 Reply to Response to Motion, to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) (Bluth, Andrew) (leh).
November 23, 2010 Filing 14 REPLY to Response to Motion re #11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) filed by Network Communications International Corp.,. (Attachments: #1 Request for Judicial Notice In Support of Reply to Plaintiff's Opposition to Motion to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6))(Bluth, Andrew)(leh).
November 16, 2010 Filing 13 RESPONSE in Opposition re #11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) filed by Chris Melingonis. (Attachments: #1 Proof of Service)(Leimbach, David)(leh).
September 30, 2010 Filing 12 CERTIFICATE OF SERVICE by Network Communications International Corp., re #11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) (Bluth, Andrew) (leh).
September 30, 2010 Filing 11 MOTION to Dismiss First Amended Complaint Pursuant to FRCP Rule 12(b)(6) by Network Communications International Corp.,. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A - F)(Bluth, Andrew)(leh).
September 30, 2010 Filing 10 CERTIFICATE OF SERVICE by Network Communications International Corp., re #9 Notice (Other) of Notice of Change of Attorney Information (Johnson, Greg)(leh).
September 30, 2010 Filing 9 NOTICE by Network Communications International Corp., of Change of Attorney Information (Johnson, Greg)(leh).
September 15, 2010 Opinion or Order Filing 8 ORDER Re: #5 Motion to Dismiss: Plaintiff has filed a first amended complaint on 9/13/2010 and because the pending motion seeks dismissal of a complaint that is no longer the operative pleading in this case. Accordingly, it is hereby ordered that Defendant's Motion to Dismiss is denied as moot. Signed by Judge Michael M. Anello on 9/15/2010. (leh) (jrl).
September 13, 2010 Filing 7 FIRST AMENDED COMPLAINT with Jury Demand against Network Communications International Corp.,, filed by Chris Melingonis. (Attachments: #1 Proof of Service)(Leimbach, David)(leh).
August 17, 2010 Filing 6 CERTIFICATE OF SERVICE by Network Communications International Corp., re #5 MOTION to Dismiss Pursuant to FRCP Rule 12(b)(6), or, in the Alternative, Motion for More Definite Statement Pursuant to FRCP Rule 12(c) (Bluth, Andrew) (leh).
August 17, 2010 Filing 5 MOTION to Dismiss Pursuant to FRCP Rule 12(b)(6), or, in the Alternative, Motion for More Definite Statement Pursuant to FRCP Rule 12(c) by Network Communications International Corp.,. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss)(Bluth, Andrew)(leh).
July 29, 2010 Opinion or Order Filing 4 ORDER granting #3 Joint Motion for Extension of Time For Defendants to Respond to Complaint. The Court orders that the time for Defendant to answer Plaintiff's complaint, move or otherwise reply, is hereby extended to 8/17/2010. Signed by Judge Michael M. Anello on 7/29/2010. (leh) (jrl).
July 28, 2010 Filing 3 Joint MOTION for Extension of Time to File Responsive Pleading by Network Communications International Corp.,. (Bluth, Andrew)(leh).
June 29, 2010 Filing 2 Summons Issued as to Network Communications International Corp. (jer)
June 29, 2010 Filing 1 COMPLAINT with Jury Demand against Network Communications International Corp., ( Filing fee $ 350 receipt number 15059.), filed by Chris Melingonis.(jer)(mam).

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Plaintiff: Chris Melingonis
Represented By: David C. Leimbach
Represented By: Joshua Brandon Swigart
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Defendant: Network Communications International Corp., doing business as 1-800-Call-4-Less
Represented By: Andrew Daniel Bluth
Represented By: Greg L Johnson
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