Melingonis et al v. Youmail, Inc.
Plaintiff: Christopher Melingonis and Robert Aslanyan
Defendant: Youmail, Inc.
Case Number: 3:2013cv00315
Filed: February 7, 2013
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: David H Bartick
Referring Judge: M James Lorenz
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 7, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2014 Opinion or Order Filing 50 ORDER Granting #49 Joint Motion to Dismiss with Prejudice as to the Plaintiffs individual claims and without Prejudice as to the putative class members claims. Signed by Judge M. James Lorenz on 7/3/2014. (sjt)(jrd)
July 2, 2014 Filing 49 Joint MOTION to Dismiss Plaintiff's Individual Claims With Prejudice And The Putative Class Members' Claims Without Prejudice by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
May 29, 2014 Opinion or Order Filing 48 STATUS REPORT ORDER. The parties are ordered to jointly file a status update on the FCC proceedings on or before August 29, 2014. Signed by Judge M. James Lorenz on 5/29/2014.(sjt)
May 21, 2014 Filing 47 NOTICE of Change of Address by Todd M. Friedman (Friedman, Todd) (Main Document 47 replaced to correct format on 5/27/2014) (knb). Contacted attorney re format on 5/27/2014 (knb).
May 14, 2014 Filing 46 RESPONSE re #43 Status Report Order, #44 Response - Other Supplemental Joint Status Report filed by Youmail, Inc. (Adler, Michael) (jao).
May 6, 2014 Opinion or Order Filing 45 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz: Accepting Document, from Defendant Youmail, Inc., re #44 Response - Other. Non-compliance with local rule(s), ECF 2(f): Jointly-filed Document missing Signature Certification. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 5/6/2014.(sjt)
May 5, 2014 Filing 44 RESPONSE re #43 Status Report Order, Joint Status Report filed by Youmail, Inc.. (Adler, Michael) (sjt).
April 24, 2014 Opinion or Order Filing 43 ORDER REQUIRING STATUS REPORT. On February 20, 2014, this matter was stayed pending an FCC determination. (Order Granting Stay #42 ) The parties are ordered to jointly file a status update on the FCC proceedings on or before May 5, 2014. Signed by Judge M. James Lorenz on 4/24/2014.(sjt)
February 20, 2014 Opinion or Order Filing 42 ORDER Granting Unopposed #37 Motion to Stay. Case stayed pending an FCC determination. Signed by Judge M. James Lorenz on 2/20/2014. (knb)(jrd)
February 18, 2014 Filing 41 REPLY to Response to Motion re #31 MOTION to Certify Class filed by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Objection To Defendant's Request For Judicial Notice, #2 Proof of Service)(Kazerounian, Abbas) (rlu).
February 11, 2014 Filing 40 REPLY to Response to Motion re #37 MOTION to Stay All Matters Pending FCC Determination filed by Youmail, Inc.. (Attachments: #1 Proof of Service)(Adler, Michael) (sjt).
February 11, 2014 Filing 39 NON Opposition re #37 MOTION to Stay All Matters Pending FCC Determination filed by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
February 10, 2014 Filing 38 RESPONSE in Opposition re #31 MOTION to Certify Class filed by Youmail, Inc.. (Attachments: #1 Declaration of Alex Quilici, #2 Exhibit 1 to the Declaration of Alex Quilici, #3 Exhibit 2 to the Declaration of Alex Quilici, #4 Exhibit 3to the Declaration of Alex Quilici, #5 Exhibit 4to the Declaration of Alex Quilici, #6 Exhibit 5to the Declaration of Alex Quilici, #7 Exhibit 6to the Declaration of Alex Quilici, #8 Exhibit 7to the Declaration of Alex Quilici, #9 Exhibit 8to the Declaration of Alex Quilici, #10 Exhibit 9to the Declaration of Alex Quilici, #11 Exhibit 10to the Declaration of Alex Quilici, #12 Exhibit 11to the Declaration of Alex Quilici, #13 Exhibit 12to the Declaration of Alex Quilici, #14 Exhibit 13to the Declaration of Alex Quilici, #15 Declaration of Michael Rudolph, #16 Exhibit 1 to the Declaration of Michael Rudolph, #17 Exhibit 2 to the Declaration of Michael Rudolph, #18 Declaration of Michael S. Adler, #19 Exhibit 1 to the Declaration of Michael S. Adler, #20 Exhibit 2 to the Declaration of Michael S. Adler, #21 Exhibit 3 to the Declaration of Michael S. Adler, #22 Request for Judicial Notice, #23 Exhibit 1, #24 Exhibit 2, #25 Exhibit 3, #26 Exhibit 4, #27 Exhibit 5, #28 Exhibit 6, #29 Exhibit 7, #30 Exhibit 8, #31 Exhibit 9, #32 Exhibit 10, #33 Exhibit 11, #34 Exhibit 12, #35 Proof of Service)(Adler, Michael) (sjt).
January 28, 2014 Filing 37 MOTION to Stay All Matters Pending FCC Determination by Youmail, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Alex Quilici, #3 Exhibit 1 to the Declaration of Alex Quilici, #4 Exhibit 2 to the Declaration of Alex Quilici, #5 Exhibit 3 to the Declaration of Alex Quilici, #6 Exhibit 4 to the Declaration of Alex Quilici, #7 Exhibit 5 to the Declaration of Alex Quilici, #8 Exhibit 6 to the Declaration of Alex Quilici, #9 Exhibit 7 to the Declaration of Alex Quilici, #10 Exhibit 8 to the Declaration of Alex Quilici, #11 Exhibit 9 to the Declaration of Alex Quilici, #12 Exhibit 10 to the Declaration of Alex Quilici, #13 Exhibit 11 to the Declaration of Alex Quilici, #14 Exhibit 12 to the Declaration of Alex Quilici, #15 Exhibit 13 to the Declaration of Alex Quilici, #16 Declaration of Michael S. Adler, #17 Exhibit 1 to the Declaration of Michael S. Adler, #18 Exhibit 2 to the Declaration of Michael S. Adler)(Adler, Michael) (sjt).
January 27, 2014 Opinion or Order Filing 36 ORDER granting in part #34 Motion to Continue. It is Ordered: A hearing date for Defendants motion to stay is set for March 10, 2014 at 10:30 a.m. Defendant must file its motion to stay by January 28, 2014 at 5 p.m., or this hearing will be automatically vacated. Plaintiffs shall file their opposition to the motion to stay on or before February 24, 2014. Defendant shall file its reply to Plaintiffs opposition on or before March 3, 2014. The hearing date for Plaintiffs motion for class certification is still February 24, 2014 at 10:30 a.m. Signed by Judge M. James Lorenz on 1/27/2014. (sjt)
January 24, 2014 Filing 35 RESPONSE in Opposition re #34 MOTION to Continue Plaintiffs' Class Certification Pending Defendant's Motion to Stay or, in the Alternative, Hearing the Motions Together filed by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Declaration of Abbas Kazerounian, #2 Exhibit A, #3 Proof of Service)(Kazerounian, Abbas) (sjt).
January 23, 2014 Filing 34 Ex Parte MOTION to Continue Plaintiffs' Class Certification Pending Defendant's Motion to Stay or, in the Alternative, Hearing the Motions Together by Youmail, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael S. Adler, #3 Exhibit 1 to the Declaration of Michael S. Adler, #4 Exhibit 2 to the Declaration of Michael S. Adler, #5 Exhibit 3 to the Declaration of Michael S. Adler, #6 Exhibit 4 to the Declaration of Michael S. Adler, #7 Exhibit 5 to the Declaration of Michael S. Adler, #8 Exhibit 6 to the Declaration of Michael S. Adler, #9 Exhibit 7 of the Declaration of Michael S. Adler)(Adler, Michael) (sjt).
January 23, 2014 Opinion or Order Filing 33 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz: Rejecting Document, from Defendant Youmail, Inc., re #32 Ex Parte MOTION for Order Continuing Plaintiffs' Class Certification Pending Defendant's Motion to Stay or, in the Alternative, Hearing the Motions Together. Non-compliance with local rule: ECF 2(k): Exhibits not filed as separate attachment. 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 Judge M. James Lorenz on 1/23/2014.(sjt)
January 23, 2014 Filing 32 **DOCUMENT STRICKEN PER ORDER #33 ** Ex Parte MOTION for Order Continuing Plaintiffs' Class Certification Pending Defendant's Motion to Stay or, in the Alternative, Hearing the Motions Together by Youmail, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Michael S. Adler)(Adler, Michael) (sjt). (Main Document 32 replaced on 1/23/2014) (sjt). Modified to Strike on 1/23/2014 (sjt).
December 13, 2013 Filing 31 MOTION to Certify Class by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher Melingonis, #3 Declaration of Robert Aslanyan, #4 Declaration of Abbas Kazerounian, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Declaration of Joshua B. Swigart, #11 Declaration of Todd M. Friedman, #12 Declaration of Jeffrey A. Hansen, #13 Proof of Service)(Kazerounian, Abbas) (sjt).
December 12, 2013 Opinion or Order Filing 30 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz: Rejecting Document, from Defendant Youmail, Inc., re #29 MOTION to Stay Pending FCC Ruling on April 16, 2013 Petition. Non-compliance with local rule(s), ECF 2(f): Memorandum of Points and Authorities not signed. 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 Judge M. James Lorenz on 12/12/2013.(sjt)
December 11, 2013 Filing 29 **DOCUMENT STRICKEN PER ORDER #30 ** MOTION to Stay Pending FCC Ruling on April 16, 2013 Petition by Youmail, Inc.. (Attachments: # 1 Memo of Points and Authorities in Support of Motion to Stay, # 2 Declaration of Michael S. Adler, # 3 Declaration of Alex Quilici)(Adler, Michael) (sjt). (Main Document 29 replaced on 12/12/2013) (sjt). Modified to strike on 12/12/2013 (sjt).
October 7, 2013 Opinion or Order Filing 28 ORDER Resolving #26 Joint Motion for Determination of Discovery Dispute. Signed by Magistrate Judge David H. Bartick on 10/7/2013. (sjt)
September 16, 2013 Filing 27 NOTICE of Withdraw of Portion of Joint Motion for Determination of Discovery Dispute by Robert Aslanyan, Christopher Melingonis re #26 Joint MOTION For Determination of Discovery Dispute (Attachments: #1 Proof of Service)(Kazerounian, Abbas) Modified on 9/17/2013 (sjt).
September 12, 2013 Filing 26 Joint MOTION For Determination of Discovery Dispute by Christopher Melingonis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Declaration of Michael Adler, #7 Declaration of Alex Quilici, #8 Declaration of Michael Rudolph, #9 Proof of Service)(Kazerounian, Abbas) (sjt).
August 28, 2013 Opinion or Order Filing 25 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz: Accepting Document, re #23 Notice of Change of Address. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 8/28/2013.(sjt)(jrd)
August 27, 2013 Filing 24 NOTICE of Appearance by Jason A. Ibey on behalf of Robert Aslanyan, Christopher Melingonis (Attachments: #1 Proof of Service)(Ibey, Jason)Attorney Jason A. Ibey added to party Robert Aslanyan(pty:pla), Attorney Jason A. Ibey added to party Christopher Melingonis(pty:pla) (sjt).
August 27, 2013 Filing 23 NOTICE of Change of Address by Abbas Kazerounian (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
August 27, 2013 Opinion or Order Filing 22 ORDER granting #20 Joint Motion for Extension of Time to Complete Discovery; granting #21 Joint Motion for Extension of Time to File. The class certification discovery cutoff shall be continued from September 11, 2013 to November 15, 2013; and Plaintiffs deadline to file a motion for class certification shall be continued from October 11, 2013 to December 13, 2013. Signed by Magistrate Judge David H. Bartick on 8/27/2013. (sjt) (jrl).
August 26, 2013 Filing 21 Joint MOTION for Extension of Time to File Motion for Class Certification by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
August 26, 2013 Filing 20 Joint MOTION for Extension of Time to Complete Discovery Relating To Class Certification by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
August 26, 2013 Opinion or Order Filing 19 ORDER granting #18 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. The parties shall have until September 12,20131 to file a joint motion regarding these issues. Signed by Magistrate Judge David H. Bartick on 8/26/2013. (sjt) (jrl).
August 23, 2013 Filing 18 Joint MOTION for Extension of Time to File Joint Motion For Determination of Discovery Dispute by Robert Aslanyan, Christopher Melingonis. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (sjt).
June 11, 2013 Opinion or Order Filing 17 SCHEDULING ORDER Through Class Certification: On June 11, 2013, the Court held a telephonic Case Management Conference. After consulting with the attorneys of record for the parties and being advised of the status of the case, and good cause appearing, IT IS HEREBY ORDERED: Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before July 11, 2013. All discovery that relates to class certification must be completed by all parties on or before September 11, 2013. Plaintiffs class certification motion shall be FILED on or before October 11, 2013. Signed by Magistrate Judge David H. Bartick on 6/11/2013.(sjt) (jrl).
June 11, 2013 Filing 16 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Case Management Conference held on 6/11/2013. Scheduling order to follow. (Plaintiff Attorney Abbas Kazerounian, Joshua Swigart). (Defendant Attorney Michael Adler). (no document attached) (mbr)
May 3, 2013 Opinion or Order Filing 15 Order Following ENE. Early Neutral Evaluation Conference held on 5/3/2013.Telephonic Case Management Conference set for 6/11/2013 09:30 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 5/3/2013 (sjt). (jrl).
May 3, 2013 Filing 14 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Early Neutral Evaluation Conference held on 5/3/2013. The case did not settle. Order to follow. (Plaintiff Attorney Abbas Kazerounian, Joshua Swigart, Todd Friedman). (Defendant Attorney Robert Adler). (Plaintiffs Christopher Melingonis via telephone, Robert Aslanyan.) (Defendant representative Alex Quilici).(no document attached) (mbr)
April 16, 2013 Opinion or Order Filing 13 ORDER granting #10 Plaintiff's Ex Parte Motion for Leave to Appear Telephonically at the Early Neutral Evaluation Conference. Good cause appearing, Plaintiffs ex parte application is GRANTED. Plaintiff Melingonis shall be permitted to participate in the Early Neutral Evaluation Conference on May 3, 2013 via telephone. Signed by Magistrate Judge David H. Bartick on 4/16/2013. (sjt) (jrl).
April 12, 2013 Filing 12 SUMMONS Returned Executed by Christopher Melingonis, Robert Aslanyan. Youmail, Inc. served. (Swigart, Joshua) (sjt).
April 10, 2013 Opinion or Order Filing 11 ORDER Regarding #10 Plaintiff's Ex Parte MOTION for Leave to have Christopher Melingonis Appear Telephonically at the ENE. If Defendant wishes to respond to the ex parte application, Defendant may file its response no later than April 15, 2013. Signed by Magistrate Judge David H. Bartick on 4/10/2013.(sjt) (jrl).
April 9, 2013 Filing 10 Ex Parte MOTION for Leave to Appear Telephonic by Christopher Melingonis. (Attachments: #1 Proof of Service)(Swigart, Joshua) (sjt).
March 21, 2013 Opinion or Order Filing 9 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 5/3/2013 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 3/21/2013.(sjt) (jrl).
March 21, 2013 Filing 8 ANSWER to #1 Complaint, with Jury Demand by Youmail, Inc..(Adler, Michael)(sjt).
March 21, 2013 Opinion or Order Filing 7 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz: Rejecting Document, from Defendant Youmail, Inc., re #6 Answer to Complaint. Non-compliance with local rule(s), OTHER: Missing Proof of Service. 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 Judge M. James Lorenz on 3/18/2013.(sjt) (jrl).
March 20, 2013 Filing 6 **DOCUMENT STRICKEN PER ORDER #7 ** ANSWER to #1 Complaint, with Jury Demand by Youmail, Inc..(Adler, Michael) (sjt). (Main Document 6 replaced on 3/21/2013) (sjt). Modified to Strike on 3/21/2013 (sjt).
March 8, 2013 Filing 5 NOTICE of Appearance by Todd M. Friedman on behalf of Robert Aslanyan, Christopher Melingonis (Friedman, Todd) (sjt).
February 26, 2013 Filing 4 NOTICE of Appearance by Joshua Swigart on behalf of Robert Aslanyan, Christopher Melingonis (Swigart, Joshua) (sjt).
February 7, 2013 Filing 3 NOTICE of Appearance by Matthew Michael Loker on behalf of Robert Aslanyan, Christopher Melingonis (Loker, Matthew) (sjt).
February 7, 2013 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dls) (av1).
February 7, 2013 Filing 1 COMPLAINT with Jury Demand against Youmail, Inc. (filing fee $350 receipt number 0974-5598664), filed by Christopher Melingonis, Robert Aslanyan. (Attachments: #1 Civil Case Cover Sheet).The new case number is 3:13-cv-315-L-DHB. Judge M. James Lorenz and Magistrate Judge David H. Bartick are assigned to the case. (Kazerounian, Abbas)(dls) (av1).

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Search for this case: Melingonis et al v. Youmail, Inc.
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Plaintiff: Christopher Melingonis
Represented By: Abbas Kazerounian
Represented By: Matthew M. Loker
Represented By: Joshua Brandon Swigart
Represented By: Todd M. Friedman
Represented By: Jason A. Ibey
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Plaintiff: Robert Aslanyan
Represented By: Joshua Brandon Swigart
Represented By: Todd M. Friedman
Represented By: Jason A. Ibey
Represented By: Matthew M. Loker
Represented By: Abbas Kazerounian
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Defendant: Youmail, Inc.
Represented By: Michael Samuel Adler
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