Lycurgan Inc. v. Jones
Plaintiff: Lycurgan Inc. and Lycurgan Inc. doing business as Ares Armor
Defendant: B. Todd Jones, Earl Griffith, Unkown Named Named Agents I-VII, Does I-XI, Unkown Named Technologist, Unknown Named Technologist, Unknown Named Named Agents I-VII and Does I-X
Case Number: 3:2014cv00548
Filed: March 11, 2014
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Karen S Crawford
Referring Judge: Janis L Sammartino
2 Judge: Bernard G Skomal
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983cv
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2019 Opinion or Order Filing 169 ORDER of USCA as to #166 Notice of Appeal to the 9th Circuit filed by Lycurgan Inc. Appellant's motion for voluntary dismissal of the case under Federal Rule of Appellate Procedure 42(b) is granted. This appeal is dismissed. A copy of this order sent to the USDC shall act as and for the mandate of the USCA. (akr)
July 19, 2018 Filing 168 USCA Time Schedule Order as to #166 Notice of Appeal to 9th Circuit, filed by Lycurgan Inc. (akr)
July 19, 2018 Filing 167 USCA Case Number 18-55980 for #166 Notice of Appeal to 9th Circuit, filed by Lycurgan Inc. (akr)
July 18, 2018 Filing 166 NOTICE OF APPEAL to the 9th Circuit as to #85 Order, #81 Order, #101 Order, #160 Order, #152 Order, #153 Order, #4 Order, #151 Order, #140 Order, #165 Order, #18 Order, #76 Order, #163 Order, #47 Order, 142 Order, #107 Order, #106 Order, #162 Order, #108 Order, #12 Order, #6 Order, #53 Order, #57 Order, by Lycurgan Inc. (Filing fee $ 505 receipt number 0974-11460822.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (McMillan, Scott). (Modified on 7/19/2018: Edited docket text re linked Orders to remove extraneous text.) (akr).
June 18, 2018 Opinion or Order Filing 165 ORDER DISMISSING CASE. The Court dismisses without prejudice this action in its entirety. Signed by Judge Janis L. Sammartino on 6/18/2018.(mpl)
June 1, 2018 Filing 164 RESPONSE re #163 Order to Show Cause, Declaration of Scott A. McMillan, Certificate of Service filed by Lycurgan Inc. (McMillan, Scott) (mpl).
May 25, 2018 Opinion or Order Filing 163 ORDER TO SHOW CAUSE. The Court orders Plaintiff to show cause why this case should not be dismissed for failure to serve pursuant to Rule 4(m). Plaintiff shall respond on or before seven (7) days from the date which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 5/25/2018.(mpl)
January 16, 2018 Opinion or Order Filing 162 ORDER Denying Plaintiff's #157 Motion for Discovery as moot. Signed by Magistrate Judge Karen S. Crawford on 1/16/2018. (mpl)
January 12, 2018 Filing 161 RESPONSE in Opposition re #157 Ex Parte MOTION for Discovery or in the Alternative for an Order to Disclose the Names of the Unknown Defendants Under Seal and Effect Service by U.S. Marshal filed by B. Todd Jones. (Attachments: #1 Declaration of Daniel E. Butcher, #2 Exhibit Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proof of Service)(Butcher, Daniel) (mpl).
January 8, 2018 Opinion or Order Filing 160 ORDER Denying #158 Ex Parte Motion Motion for Extension of Time to Serve Unknown Named Defendants. Signed by Judge Janis L. Sammartino on 1/8/2018. (mpl)
January 4, 2018 Filing 159 RESPONSE in Opposition re #158 Ex Parte MOTION Extension of Time to Serve the Unknown Named Defendants re #110 Summons Issued, #109 Amended Complaint filed by B. Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (mpl).
December 27, 2017 Filing 158 Ex Parte MOTION Extension of Time to Serve the Unknown Named Defendants re #110 Summons Issued, #109 Amended Complaint by Lycurgan Inc.. (Attachments: #1 Declaration of Scott A. McMillan, #2 Proof of Service)(McMillan, Scott) (mpl).
December 22, 2017 Filing 157 Ex Parte MOTION for Discovery or in the Alternative for an Order to Disclose the Names of the Unknown Defendants Under Seal and Effect Service by U.S. Marshal by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott A. McMillan, #3 Declaration of Dimitrios Karras, #4 Proof of Service)(McMillan, Scott)(mpl).
October 20, 2017 Opinion or Order Filing 156 ORDER granting request to withdraw the Ex Parte Motion for Discovery filed 10/18/17 [Doc. No. 154]. The Motion is withdrawn. (no document attached) (lc2)
October 19, 2017 Filing 155 NOTICE OF WITHDRAWAL OF DOCUMENT by Lycurgan Inc. re #154 Ex Parte MOTION for Discovery Ex Parte MOTION Plaintiff to take Limited Immediate Discovery on the Person(s) Most Knowledgeable at the Bureau of Alcohol, Tobacco, Firearms and Explosives to Identify the Unknown Named Defendants filed by Lycurgan Inc. . (Attachments: #1 Proof of Service)(McMillan, Scott) (mpl).
October 18, 2017 Filing 154 ***DOCUMENT WITHDRAWN PER ECF No. #155 *** Ex Parte MOTION for Discovery , Ex Parte MOTION Plaintiff to take Limited Immediate Discovery on the Person(s) Most Knowledgeable at the Bureau of Alcohol, Tobacco, Firearms and Explosives to Identify the Unknown Named Defendants by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott McMillan, #3 Declaration of Dimitri Karras, #4 Exhibit, #5 Proof of Service)(McMillan, Scott) (mpl). Modified to withdraw document on 10/20/2017 (mpl).
October 18, 2017 Opinion or Order Filing 153 ORDER (1) Denying #126 Defendant's Motion to Dismiss, and (2) Denying as moot #145 Plaintiff's Objection to Magistrate Judge's Order. The Court extends the time for service 90 days from the date this Order is docketed. Signed by Judge Janis L. Sammartino on 10/18/2017. (mpl)
July 31, 2017 Opinion or Order Filing 152 ORDER granting Defendant's #115 Motion to Dismiss. It is ordered that the Court grants defendant's MTD (ECF No.115). Accordingly, the Court dismisses Plaintiff's claims against Defendant Griffith for lack of personal jurisdiction. Signed by Judge Janis L. Sammartino on 7/31/2017. (dxj)
July 14, 2017 Opinion or Order Filing 151 ORDER Vacating Hearing re #126 MOTION to Dismiss, #145 MOTION for Reconsideration, #148 Ex Parte MOTION to Amend/Correct. It is ordered that the Court hereby vacates the hearing on this Motion set for 7/20/2017 at 1:30 p.m. and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Also before the Court are Plaintiff's Motion for Reconsideration, (ECF No. 145), and Plaintiff's Ex Parte Motion to Amend its Response in Opposition to Motion, (ECF No. 148), which list hearing dates of 7/20/2017. Plaintiff did not contact the Court to set these dates for hearing its Motions, and thus the Court vacates the hearings on those Motions as well. Signed by Judge Janis L. Sammartino on 7/14/2017.(dxj)
July 13, 2017 Filing 150 REPLY to Response to Motion re #126 MOTION to Dismiss all Unserved Defendants filed by B. Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (dxj).
July 8, 2017 Filing 149 MOTION to Amend/Correct #145 MOTION for Reconsideration re #140 Order on Motion for Hearing, Objection to Magistrate Order Denying Plaintiff's Motion to Take Early Discovery, Rule FRCP 59(b), 72(b), 28 U.S.C. Section 636, #140 Order on Motion for Hearing, by Lycurgan Inc.. (Attachments: #1 Declaration of Scott A. McMillan, #2 Exhibit Plaintiff's Proposed Amended Corrected Objection to the Magistrate's Order Denying Plaintiff's Motion for Early Discovery, #3 Proof of Service)(McMillan, Scott)
July 8, 2017 Filing 148 Ex Parte MOTION to Amend/Correct #144 Response in Opposition to Motion, #126 MOTION to Dismiss all Unserved Defendants by Lycurgan Inc.. (Attachments: #1 Declaration of Scott A. McMillan, #2 Exhibit Plaintiff's Proposed Amended Corrected Opposition Memorandum, #3 Proof of Service)(McMillan, Scott)
July 7, 2017 Filing 147 CERTIFICATE OF SERVICE by Lycurgan Inc. re #145 MOTION for Reconsideration re #140 Order on Motion for Hearing, Objection to Magistrate Order Denying Plaintiff's Motion to Take Early Discovery, Rule FRCP 59(b), 72(b), 28 U.S.C. Section 636 (McMillan, Scott) (fth).
July 7, 2017 Filing 146 CERTIFICATE OF SERVICE by Lycurgan Inc. re #144 Response in Opposition to Motion, (McMillan, Scott) (fth).
July 6, 2017 Filing 145 MOTION for Reconsideration re #140 Order on Motion for Hearing, Objection to Magistrate Order Denying Plaintiff's Motion to Take Early Discovery, Rule FRCP 59(b), 72(b), 28 U.S.C. Section 636 by Lycurgan Inc.. (McMillan, Scott) QC Mailer re: Missing Certificate of Service (dxj).
July 6, 2017 Filing 144 RESPONSE in Opposition re #126 MOTION to Dismiss all Unserved Defendants filed by Lycurgan Inc.. (Attachments: #1 Declaration Scott A. McMillan, #2 Declaration Dimitri Karras)(McMillan, Scott) QC Mailer re: Certificate of Service (dxj).
June 27, 2017 Filing 143 NOTICE OF WITHDRAWAL OF DOCUMENT by B. Todd Jones re #136 Ex Parte MOTION for Leave to File Sur-Reply Regarding Plaintiff's Ex Parte Application for a Hearing Date filed by B. Todd Jones . (Attachments: #1 Proof of Service)(Butcher, Daniel) (dxj).
June 26, 2017 Opinion or Order Filing 142 ORDER finding as moot #139 Motion for Leave to File. Signed by Magistrate Judge Karen S. Crawford on June 26, 2017. Presently before the Court is an Ex Parte Motion for Leave to File a Sur-Reply Regarding Plaintiff's Application for a Hearing Date for Plaintiff's Motion to Take Early Immediate Discovery. [Doc. No. 139.] In the instant Motion, the United States seeks to file a Sur-Reply in order to clarify: "(1) the issue presently before the Court [in Doc. No. 117], and (2) the safety and privacy basis for the Ninth Circuit's affirmance of the district court's denial of Plaintiff's motion to unseal the search warrant affidavit in the related case discussed in Plaintiffs Reply." [Doc. No. 136.] On June 22, 2017, this Court issued an Order Denying Without Prejudice Plaintiffs Motion to Take Immediate Discovery of Person(s) Most Knowledgeable at the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding Identities of Unknown Named Defendants. [Doc. No. 140.] Accordingly, plaintiff's Ex Parte Motion for Leave to File a Sur-Reply Regarding Plaintiff's Application for a Hearing Date for Plaintiff's Motion to Take Early Immediate Discovery is denied as MOOT. (no document attached) (asm)
June 23, 2017 Filing 141 SUPPLEMENTAL BRIEFING by Defendant Earl Griffith re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Appendix Ziglar v. Abbasi Slip Opinion, #2 Proof of Service)(Butcher, Daniel) (dxj).
June 22, 2017 Opinion or Order Filing 140 ORDER Denying without Prejudice Plaintiffs #117 Motion to Take Immediate Discovery of the Person(s) Most Knowledgeable at the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding Identities of the Unknown Named Defendants. It is ordered that Plaintiff has not shown good cause for an order allowing him to proceed with discovery on an expedited basis. Signed by Magistrate Judge Karen S. Crawford on 6/21/2017. (dxj)
June 19, 2017 Filing 139 Ex Parte MOTION for Leave to File Sur-Reply by B. Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Supplement Sur-Reply, #3 Proof of Service)(Butcher, Daniel) QC Mailer re: Duplicate to 136 (dxj).
June 19, 2017 Filing 138 CERTIFICATE OF SERVICE by Lycurgan Inc. re #137 Objection, (McMillan, Scott) (dxj).
June 17, 2017 Filing 137 OBJECTION by Lycurgan Inc. re #136 Ex Parte MOTION for Leave to File Sur-Reply Regarding Plaintiff's Ex Parte Application for a Hearing Date . (Attachments: #1 Declaration of Scott A. McMillan & Supporting Exhibits, #2 Proof of Service)(McMillan, Scott) QC Mailer re: Only attorneys can s/ (dxj).
June 16, 2017 Filing 136 Ex Parte MOTION for Leave to File Sur-Reply Regarding Plaintiff's Ex Parte Application for a Hearing Date by B. Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Butcher, Daniel) QC Mailer re: Missing Memo of Ps and As (dxj).
June 13, 2017 Opinion or Order Filing 135 ORDER Vacating Hearing re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . It is ordered that on its own motion the Court vacates the hearing on the matter, presently set for 6/15/2017, and takes the motion under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 6/13/2017.(dxj)
June 12, 2017 Opinion or Order Filing 134 ORDER granting Plaintiff's #132 Motion for Leave to File to File a Reply to its Pending Ex Parte Request to Take Immediate Discovery of Person(s) Most Knowledgeable in the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding Identities of Unknown Named Defendants. Signed by Magistrate Judge Karen S. Crawford on 6/12/2017. (fth)
June 8, 2017 Filing 133 REPLY to Response to Motion re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Earl Griffith. (Attachments: #1 Proof of Service)(Butcher, Daniel)
June 7, 2017 Filing 132 MOTION for Leave to File Reply in Support of Plaintiff's Ex Parte Application to Set a Hearing Date for its Motion to Take Immediate Discovery on the Person(s) Most Knowledgeable at the BATFE Regarding the Identities of the Unknown, Named Defendants by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities Proposed Reply Memo with Proposed Supporting Declaration and Exhibits, #2 Proof of Service)(McMillan, Scott) QC Mailer re: Only attorneys can s/ (dxj).
June 2, 2017 Filing 131 RESPONSE in Opposition re #117 Ex Parte MOTION for Hearing of Motion to Take Immediate Discovery on Person Most Knowledgeable in the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding the Identities of Uknown Named Defendants filed by B. Todd Jones. (Attachments: #1 Declaration of Daniel E. Butcher, #2 Proof of Service)(Butcher, Daniel) (dxj).
May 31, 2017 Filing 130 NOTICE OF WITHDRAWAL OF DOCUMENT by Lycurgan Inc. re #124 Response in Opposition to Motion, filed by Lycurgan Inc. . (Attachments: #1 Exhibit A - Redlined changes from ECF 124 to ECF 129, #2 Exhibit B - Clean Proposed Memo (ECF 129) to replace ECF 124, #3 Proof of Service)(McMillan, Scott) Modified on 6/1/2017 to change to motion event (dxj).
May 31, 2017 Filing 129 RESPONSE in Opposition re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Lycurgan Inc.. (McMillan, Scott) (dxj).
May 31, 2017 Filing 128 CERTIFICATE OF SERVICE by Lycurgan Inc. re #125 Affidavit in Opposition to Motion, (McMillan, Scott) (dxj).
May 31, 2017 Filing 127 CERTIFICATE OF SERVICE by Lycurgan Inc. re #124 Response in Opposition to Motion, (McMillan, Scott) (dxj).
May 30, 2017 Filing 126 MOTION to Dismiss all Unserved Defendants by Does I-X, Unknown Named Named Agents I-VII, Unknown Named Technologist. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Butcher, Daniel) (dxj).
May 26, 2017 Filing 125 AFFIDAVIT in Opposition re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Declaration of Scott A. McMillan filed by Lycurgan Inc.. (Attachments: #1 Declaration of Allen Hewitt (with exhibit I))(McMillan, Scott) (dxj).
May 25, 2017 Filing 124 RESPONSE in Opposition re #115 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Lycurgan Inc.. (Attachments: #1 Declaration of Dimitri Karras, #2 Declaration of Allen Hewitt)(McMillan, Scott) (dxj).
May 22, 2017 Opinion or Order Filing 123 ORDER Setting Briefing Schedule re #117 Ex Parte MOTION for Hearing of Motion to Take Immediate Discovery on Person Most Knowledgeable in the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding the Identities of Uknown Named Defendants. It is ordered that defendants response in opposition to plaintiff's ex parte motion is due on or before 6/2/2017. Plaintiff shall not file a reply brief without first obtaining leave from the Court. Signed by Magistrate Judge Karen S. Crawford on 5/19/2017.(dxj)
April 20, 2017 Opinion or Order Filing 122 ORDER Granting #120 Joint Motion For Extension of Time. It is ordered that plaintiff shall file a response in opposition to defendant's motion to dismiss on or before 5/25/2017; Defendant Griffith shall file a reply in support of his motion, if any, on or before 6/8/2017. The Court continues the hearing on the matter, presently scheduled for 5/4/2017, to 6/15/2017 at 01:30 p.m. Signed by Judge Janis L. Sammartino on 4/20/2017. (dxj)
April 19, 2017 Filing 121 NOTICE of Withdrawal [Defective filing] by Lycurgan Inc. re #119 Joint MOTION to Continue / Extend Hearing and Response time on Earl Griffth's motion to dismiss (McMillan, Scott) (dxj).
April 18, 2017 Filing 120 Joint MOTION to Continue (For an Agreed Order Extending Time to Respond to Defendant Earl Griffiths Motion to Dismiss) by Lycurgan Inc.. (McMillan, Scott) QC Mailer re: Duplicate to entry 119 (dxj).
April 17, 2017 Filing 119 **WITHDRAWN PER DOCKET ENTRY #121 ** Joint MOTION to Continue / Extend Hearing and Response time on Earl Griffth's motion to dismiss by Lycurgan Inc.. (McMillan, Scott) QC Mailer re: Missing s/ of defendants atty (dxj). Modified on 4/20/2017 to withdraw doc (dxj).
April 6, 2017 Filing 118 AMENDED DOCUMENT by Lycurgan Inc.. Amendment to #117 Ex Parte MOTION for Hearing of Motion to Take Immediate Discovery on Person Most Knowledgeable in the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding the Identities of Uknown Named Defendants Amended Certificate of Service. (McMillan, Scott) (dxj).
April 5, 2017 Filing 117 Ex Parte MOTION for Hearing of Motion to Take Immediate Discovery on Person Most Knowledgeable in the Bureau of Alcohol, Tobacco, Firearms, and Explosives Regarding the Identities of Uknown Named Defendants by Lycurgan Inc.. (Attachments: #1 Declaration Declaration of Scott A. McMillan, #2 Proof of Service, #3 Exhibit Proposed Motion for Early Discovery)(McMillan, Scott) QC Mailer re: Sealed Documents or proposed orders should not be attached, also proof of service is not signed. Modified on 4/6/2017 to restrict seal documents (dxj).
April 5, 2017 Filing 116 MINUTE ORDER OF RECUSAL. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Karen S. Crawford for all further proceedings. The new case number is 14cv0548-JLS(KSC).(no document attached) (jao)
February 28, 2017 Filing 115 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Earl Griffith. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Earl Griffith, #3 Declaration of William J. Ryan, #4 Declaration of Max M. Kingery, #5 Proof of Service)(Butcher, Daniel) (dxj).
January 13, 2017 Opinion or Order Filing 114 ORDER granting #113 Joint Motion for Extension of Time. Earl Griffith answer due 2/28/2017. Good cause appearing, the Court grants the Parties' Joint Motion. Accordingly, Defendant Earl Griffith shall file a response to Plaintiff's Second Amended Complaint on or before February 28, 2017. Signed by Judge Janis L. Sammartino on 1/13/2017. (kcm)
January 10, 2017 Filing 113 Joint MOTION for Extension of Time to File Answer by Earl Griffith. (Attachments: #1 Proof of Service)(Butcher, Daniel)Attorney Daniel Everett Butcher added to party Earl Griffith(pty:dft) (kcm).
December 7, 2016 Filing 112 SUMMONS Returned Executed by Lycurgan Inc.. Earl Griffith served. (McMillan, Scott) (kcm).
November 3, 2016 Filing 111 SUMMONS Returned Executed by Lycurgan Inc.. Earl Griffith, Unknown Named Named Agents I-VII, Unknown Named Technologist served. (Attachments: #1 Proof of Service to Unknown Technologist, #2 Proof of Service to unknown Agent I, #3 Proof of Service to unknown Agent II, #4 Proof of Service to unknown Agent III, #5 Proof of Service to unknown Agent IV, #6 Proof of Service to unknown Agent V, #7 Proof of Service to unknown Agent VI, #8 Proof of Service to unknown Agent VII, #9 Proof of Service to U.S. Attorney, #10 Proof of Service to Attorney General)(McMillan, Scott) (kcm).
August 8, 2016 Filing 110 Summons Issued as to #109 Second Amended Complaint. 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. (kcm)
August 5, 2016 Filing 109 Second AMENDED COMPLAINT with Jury Demand against Does I-XI, Earl Griffith, Unknown Named Named Agents I-VII, Unknown Named Technologist, filed by Lycurgan Inc.. (Attachments: #1 Proof of Service) (McMillan, Scott) (kcm).
July 5, 2016 Opinion or Order Filing 108 ORDER directing Plaintiff to either file a Second Amended Complaint or face involuntary dismissal of action for failure to prosecute. This Order constitutes notice to Plaintiff that if it fails to file a second amended complaint within thirty (30) days of the date on which this Order is electronically docketed, the Court will dismiss without prejudice this action sua sponte. Signed by Judge Janis L. Sammartino on 7/06/2016.(jpp)
January 6, 2016 Opinion or Order Filing 107 ORDER Sua Sponte Modifying the Court's November 19, 2015 Order re #106 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment, Order on Motion to Strike. Signed by Judge Janis L. Sammartino on 1/6/2016.(kcm)
November 19, 2015 Opinion or Order Filing 106 ORDER (1) Granting in Part Defendant Jones' Motion to Dismiss and for Summary Judgment, and (2) Denying as Moot Plaintiff's Motion to Strike Portions of and Compel Completion of The Administrative Record. The Court dismisses Plaintiff's first, fourth, eighth, and ninth claims against Defendant Jones under both Rule 12(b)(1) and 12(b)(6). The Court denies as moot Defendant Jones' Motion for Summary Judgment (ECF No. #68 ) and Plaintiff's Motion to Strike (ECF No. #80 ). Signed by Judge Janis L. Sammartino on 11/19/2015. (jao)
October 6, 2015 Opinion or Order Filing 105 ORDER Vacating Hearing re #68 #80 . The Court hereby vacates the hearing on the motions scheduled for October 15, 2015, and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 10/6/2015.(jao)
August 12, 2015 Opinion or Order Filing 104 ORDER Granting #102 Ex Parte Motion to Continue Hearing. The hearing presently scheduled for September 17, 2015 on Defendant's Motion to Dismiss and for Summary Judgment (ECF No. 68) and Plaintiff's Motion to Strike Portions of and Compel Completion of the Administrative Record (ECF No. 80) is hereby continued to October 15, 2015 at 1:30 p.m. Signed by Judge Janis L. Sammartino on 8/12/2015. (jao)
August 12, 2015 Opinion or Order Filing 103 ORDER Granting #100 Plaintiff's Ex Parte Motion for Leave to File Excess Pages. Signed by Judge Janis L. Sammartino on 8/12/2015. (jao)
August 11, 2015 Filing 102 Ex Parte MOTION to Continue September 17, 2015 Hearing Date by B. Todd Jones. (Attachments: #1 Declaration of Lisa A. Olson)(Olson, Lisa) (jao).
August 10, 2015 Opinion or Order Filing 101 ORDER Denying #95 Plaintiff's Motion to Strike the Defendant's Opposition to Plaintiff's Motion to Strike Portions of and Compel The Completion of The Administrative Record As Non-Compliant With The CivLR 7.1(h).. Signed by Judge Janis L. Sammartino on 8/10/2015. (jao)
August 7, 2015 Filing 100 Ex Parte MOTION for Leave to File Excess Pages with Certificate of Service by Lycurgan Inc.. (Attachments: #1 Declaration of Scott McMillan)(Volk, Michelle)(jao).
August 7, 2015 Filing 99 REPLY to Response to Motion re #80 MOTION to Strike #64 Administrative Record, #62 Administrative Record, #60 Administrative Record, #65 Administrative Record, #63 Administrative Record, #61 Administrative Record (Motion to Strike Portions of and Compel Completion of with Certificate of Service filed by Lycurgan Inc.. (Volk, Michelle) (jao).
August 7, 2015 Filing 98 REPLY to Response to Motion re #69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by B. Todd Jones. (Olson, Lisa) (jao).
August 5, 2015 Filing 97 NOTICE by B. Todd Jones re #91 Response in Opposition to Motion, (Attachments: #1 Table of Contents and Authorities to Accompany ECF No. 91)(Olson, Lisa) (jao).
August 5, 2015 Filing 96 RESPONSE in Opposition re #95 MOTION to Strike Document #91 Response in Opposition to Motion, (Motion to Strike the Defendants Opposition to Plaintiffs Motion to Strike Portions of the and Compel Completion of the Administrative Record as non-compliant with CivLR 7.1(h))< filed by B. Todd Jones. (Olson, Lisa) (jao).
August 4, 2015 Filing 95 MOTION to Strike Document #91 Response in Opposition to Motion, (Motion to Strike the Defendants Opposition to Plaintiffs Motion to Strike Portions of the and Compel Completion of the Administrative Record as non-compliant with CivLR 7.1(h)) by Lycurgan Inc.. (McMillan, Scott) (jao).
July 28, 2015 Opinion or Order Filing 94 ORDER Granting #92 Motion for Leave to File Excess Pages. Signed by Judge Janis L. Sammartino on 7/28/2015. (jao)
July 23, 2015 Filing 93 RESPONSE in Opposition re #69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment , #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Lycurgan Inc.. (Attachments: #1 Declaration of Scott A McMillan, #2 Declaration of Dimitrios Karras, #3 Declaration of Jeremy Tuma, #4 Statement of Facts (Disputed and Undisputed))(McMillan, Scott)
July 23, 2015 Filing 92 Ex Parte MOTION for Leave to File Excess Pages in opposition to motion for summary judgment and motion to dismiss by Lycurgan Inc.. (McMillan, Scott)
July 23, 2015 Filing 91 RESPONSE in Opposition re #80 MOTION to Strike #64 Administrative Record, #62 Administrative Record, #60 Administrative Record, #65 Administrative Record, #63 Administrative Record, #61 Administrative Record (Motion to Strike Portions of and Compel Completion of the Administrative Record filed by B. Todd Jones. (Olson, Lisa)
July 15, 2015 Opinion or Order Filing 90 ORDER Granting #89 Unopposed Motion for Extension of Briefing Schedule. The responses in oppositions to the aforementioned motions shall be filed on or before July 23, 2015. The replies in support the aforementioned motions shall be filed on or before August 7, 2015. Signed by Judge Janis L. Sammartino on 7/15/2015. (jao)
July 14, 2015 Filing 89 Emergency MOTION for Extension of Time to File (Unopposed Emergency Ex-parte Application for a One Week Continuance on Briefing Schedule re Defendant's Motion for Summary Judgment and Plaintiff's Motion to Strike Portions of and Compel Completion of the Administrative Record. ) by Lycurgan Inc.. (McMillan, Scott) (jao).
June 26, 2015 Opinion or Order Filing 88 ORDER Granting #86 Motion to Continue Hearing Date. Motion Hearing reset for 9/17/2015 01:30 PM before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 6/26/2015. (jao)
June 26, 2015 Opinion or Order Filing 87 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Rejecting proposed order re #86 Joint MOTION to Continue Hearing Date, from Defendant B. Todd Jones. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Proposed orders should be email to the Judges efile inbox in editable word processing format. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE only the proposed order from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 6/26/2015.(jao)
June 25, 2015 Filing 86 Joint MOTION to Continue Hearing Date by B. Todd Jones. (Attachments: #1 Proposed Order)(Olson, Lisa) (Attachment 1 replaced on 6/26/2015) (jao).
June 23, 2015 Opinion or Order Filing 85 ORDER: (1) Denying #82 Ex Parte Emergency Motion to Continue Hearing Date and Briefing Schedule Re Motion for Summary Judgment; (2) Continuing Hearing Date on Defendant's Motion for Summary Judgment and Plaintiff's Motion for Summary Judgment and Plaintiff's Motion to Strike Portions of and Compel Completion of The Admistrative Record; and (3) Amending Briefing Schedule for Defendant's Motion for Summary Judgment. Accordingly, the hearing on the Motion for Summary Judgment presently scheduled for July 30, 2015 is HEREBY CONTINUED to August 13, 2015; and the hearing on the Motion to Strike Portions of and Compel Completion of the Administrative Record presently scheduled for August 6, 2015 is HEREBY CONTINUED to August 13, 2015 at 1:30 p.m. In regard to the Motion for Summary Judgment, Plaintiff shall file its response to the motion on or before July 16, 2015. Defendant shall file its reply, if any, on or before July 30, 2015. In regard to the Motion to Strike Portions of and Compel Completion of the Administrative Record, the briefing schedule shall remain as is. Defendant shall file its response on or before July 16, 2015. Plaintiff shall file its reply, if any, or before July 30, 2015. Signed by Judge Janis L. Sammartino on 6/23/2015. (jao)
June 22, 2015 Filing 84 REPLY to Response to Motion re #82 Emergency MOTION Continue Hearing and Briefing Schedule for Motion for Summary Judgment with Certificate of Service filed by Lycurgan Inc.. (McMillan, Scott) (jao).
June 22, 2015 Filing 83 RESPONSE in Opposition re #82 Emergency MOTION Continue Hearing and Briefing Schedule for Motion for Summary Judgment with Certificate of Service filed by B. Todd Jones. (Attachments: #1 Proof of Service)(Olson, Lisa) (jao).
June 19, 2015 Filing 82 Emergency MOTION Continue Hearing and Briefing Schedule for Motion for Summary Judgment with Certificate of Service by Lycurgan Inc.. (Attachments: #1 Declaration of Scott McMillan in Support)(Volk, Michelle)Attorney Michelle D. Volk added to party Lycurgan Inc.(pty:pla) (jao).
June 18, 2015 Opinion or Order Filing 81 ORDER Setting Briefing Schedule re #80 MOTION to Strike #64 Administrative Record, #62 Administrative Record, #60 Administrative Record, #65 Administrative Record, #63 Administrative Record, #61 Administrative Record (Motion to Strike Portions of and Compel Completion of : A hearing on the Motion is presently scheduled for August 6, 2015. Defendant shall file a response on or before July 16, 2015. Plaintiff shall file a reply, if any, on or before July 30, 2015. Signed by Judge Janis L. Sammartino on 6/18/2015.(jao)
June 15, 2015 Filing 80 MOTION to Strike #64 Administrative Record, #62 Administrative Record, #60 Administrative Record, #65 Administrative Record, #63 Administrative Record, #61 Administrative Record (Motion to Strike Portions of and Compel Completion of the Administrative Record) by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Strike Portions of and Compel Completion of the Administrative Record., #2 Declaration of Scott A. McMillan with exhibits A-M, #3 Exhibit to declaration of McMillan N-P, #4 Declaration of Stephen Halbrook, #5 Declaration of Daniel G. O'Kelly, #6 Declaration of Michelle D. Volk, #7 Declaration of Dimitrios A. Karras, #8 Declaration of Jason A. Davis)(McMillan, Scott) (jao).
May 15, 2015 Opinion or Order Filing 79 ORDER Granting #78 Joint Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment and Continue Hearing. The hearing on the Motion to Dismiss and for Summary Judgment (ECF No. 68) is hereby continued to July 30, 2015 at 1:30 p.m. Plaintiff shall file a response to the pending motion on or before June 24, 2015. Defendant shall file a reply, if any, on or before July 13, 2015.Signed by Judge Janis L. Sammartino on 5/15/2015. (jao)
May 12, 2015 Filing 78 Joint MOTION to Continue hearing date on Motion for Summary Judgment and issue briefing schedule by Lycurgan Inc.. (McMillan, Scott) (jao).
April 1, 2015 Opinion or Order Filing 77 ORDER granting #67 Ex Parte Application to Exceed Page Limitation by Six Pages. Defendant's Motion to Dismiss and for Summary Judgment may exceed the 25-page limitation by six pages for a total of 31 pages. If Plaintiff wishes to file an opposition that exceeds the page limit, Plaintiff may file a motion with the Court once it knows how many excess pages it wishes to file. Signed by Judge Janis L. Sammartino on 4/1/15. (kas)
April 1, 2015 Opinion or Order Filing 76 ORDER addressing defendant's ex parte application for proposed briefing schedules #69 , continuing hearing date, and setting briefing schedule. The Court continues the hearing date on the Motion to Dismiss and for Summary Judgment #68 presently scheduled for 5/28/2015 to 7/2/2015 01:30 PM before Judge Janis L. Sammartino. Response due on or before 5/29/2015, Reply due on or before 6/12/2015. Signed by Judge Janis L. Sammartino on 4/1/15. (kas)
March 31, 2015 Filing 75 REPLY to Response to Motion re #69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (jao).
March 30, 2015 Filing 74 DECLARATION re #69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment by Defendant B. Todd Jones. (Olson, Lisa) (jao).
March 30, 2015 Filing 73 DECLARATION re #67 Ex Parte MOTION for Leave to File Excess Pages by Defendant B. Todd Jones. (Olson, Lisa) (jao).
March 27, 2015 Filing 72 SUMMONS Returned Executed by Lycurgan Inc.. Earl Griffith served., SUMMONS Returned Executed by Lycurgan Inc.. Earl Griffith served. (Attachments: #1 Personal Service on Earl Griffith)(McMillan, Scott)(jao).
March 27, 2015 Filing 71 RESPONSE in Opposition re #69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment [Opposition to Lisa Olson's request to Shorten McMillan's time to file opposition] filed by Lycurgan Inc.. (McMillan, Scott) (jao).
March 27, 2015 Filing 70 RESPONSE to Motion re #67 Ex Parte MOTION for Leave to File Excess Pages filed by Lycurgan Inc.. (McMillan, Scott) (jao).
March 27, 2015 Filing 69 MOTION re #68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment by B. Todd Jones. (Attachments: #1 Declaration)(Olson, Lisa) (jao).
March 27, 2015 Filing 68 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION for Summary Judgment by B. Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit)(Olson, Lisa)(jao).
March 27, 2015 Filing 67 Ex Parte MOTION for Leave to File Excess Pages by B. Todd Jones. (Attachments: #1 Declaration of Lisa A. Olson)(Olson, Lisa) (jao).
March 26, 2015 Filing 66 ADMINISTRATIVE RECORD INDEX. (Olson, Lisa)
March 26, 2015 Filing 65 ADMINISTRATIVE RECORD . (Attachments: #1 Exhibit AR Vol. 6(a) (Final))(Olson, Lisa)
March 26, 2015 Filing 64 ADMINISTRATIVE RECORD . (Attachments: #1 Exhibit AR Vol. 5(a), #2 Exhibit AR Vol. 5(b))(Olson, Lisa)
March 26, 2015 Filing 63 ADMINISTRATIVE RECORD . (Attachments: #1 Exhibit AR Vol. 4(a), #2 Exhibit AR Vol. 4(b))(Olson, Lisa)
March 26, 2015 Filing 62 ADMINISTRATIVE RECORD . (Attachments: #1 Exhibit AR Vol. 3(a), #2 Exhibit AR Vol. 3(b))(Olson, Lisa)
March 26, 2015 Filing 61 ADMINISTRATIVE RECORD . (Attachments: #1 Exhibit AR Vol. 2(a), #2 Exhibit AR Vol. 2(B))(Olson, Lisa)
March 26, 2015 Filing 60 ADMINISTRATIVE RECORD Certification. (Attachments: #1 Exhibit Administrative Record (AR) Index, #2 Exhibit AR Vol. 1(a), #3 Exhibit AR Vol. 1(b))(Olson, Lisa) (jao).
March 13, 2015 Filing 59 NOTICE by B. Todd Jones re #46 MOTION to Stay (Olson, Lisa) (jao).
March 11, 2015 Filing 58 RESPONSE re #55 MOTION for Extension of Time to File Response/Reply as to #54 Response in Opposition to Motion , #56 Affidavit in Support of Motion [STATUS RE: OUT-OF-DISTRICT PROCEEDING IN California Rifle & Pistol Association, Incorporated v. Bureau of Alcohol Tobacco, Firearms and Explosives, et al, U.S. District Court Eastern District of California, Case No. 1:14-cv-01211-JAM-SAB] filed by Lycurgan Inc.. (McMillan, Scott) (jao).
February 27, 2015 Opinion or Order Filing 57 ORDER Granting #55 Motion for Extension of Time to File Response/Reply re #46 MOTION to Stay . Defendant shall file its reply in support of its Motion to Stay Proceedings (ECF No. 46) on or before March 13, 2015. The hearing on the Motion to Stay Proceedings presently scheduled for March 12, 2015 is hereby continued to March 26, 2015 at 1:30 pm. Signed by Judge Janis L. Sammartino on 2/27/2015. (jao)
February 26, 2015 Filing 56 AFFIDAVIT in Support re #55 MOTION for Extension of Time to File Response/Reply as to #54 Response in Opposition to Motion filed by B. Todd Jones. (Olson, Lisa) (jao).
February 26, 2015 Filing 55 MOTION for Extension of Time to File Response/Reply as to #54 Response in Opposition to Motion by B. Todd Jones. (Attachments: #1 Declaration Declaration of Lisa A. Olson)(Olson, Lisa) (jao).
February 19, 2015 Filing 54 RESPONSE in Opposition re #46 MOTION to Stay filed by Lycurgan Inc.. (Attachments: #1 Declaration of Dimitri Karras, #2 Declaration of Scott A McMillan, #3 Proof of Service)(McMillan, Scott) (jao).
January 30, 2015 Opinion or Order Filing 53 ORDER Granting #48 Ex Parte Motion for Extension of Time to Respond. If the Court denies Defendant's pending Motion to Stay (ECF No. 46), Defendant shall respond to Plaintiff's First Amended Complaint fourteen days after the date on which the Court's Order on the Motion to Stay is electronically docketed. Signed by Judge Janis L. Sammartino on 1/30/2015. (jao)
January 30, 2015 Filing 52 Summons Issued on First Amended Complaint. 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. (jao)
January 30, 2015 Filing 51 REPLY to Response to Motion re #48 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by B. Todd Jones. (Olson, Lisa) (jao).
January 28, 2015 Filing 50 RESPONSE in Opposition re #48 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by Lycurgan Inc.. (McMillan, Scott) (jao).
January 27, 2015 Filing 49 DECLARATION re #48 Ex Parte MOTION for Extension of Time to File Response to Complaint of Lisa A. Olson by Defendant B. Todd Jones. (Olson, Lisa) (jao).
January 26, 2015 Filing 48 Ex Parte MOTION for Extension of Time to File Response to Complaint by B. Todd Jones. (Attachments: #1 Declaration Declaration of Lisa A. Olson)(Olson, Lisa) (jao).
January 23, 2015 Opinion or Order Filing 47 ORDER Setting Briefing Schedule re #46 MOTION to Stay : Responses due by 2/19/2015. Replies due by 2/26/2015. A hearing on the motion is currently scheduled for March 12, 2015. Signed by Judge Janis L. Sammartino on 1/23/2015.(jao)
January 21, 2015 Filing 46 **Document Withdrawn** MOTION to Stay by B. Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit Exhibit 1 - CalRifle Complaint, #3 Exhibit Exhibit 2 - CalRifle Memorandum of Points and Authorities in Support of Motion to Dismiss, or Alternatively, for Summary Judgment, #4 Proof of Service)(Olson, Lisa) (jao).
January 14, 2015 Filing 45 NOTICE of Appearance by Lisa Olson on behalf of B. Todd Jones (Attachments: #1 Notice Notice of Appearance of Lisa A. Olson As Counsel for the United States)(Olson, Lisa)Attorney Lisa Olson added to party B. Todd Jones(pty:dft) (jao).
December 23, 2014 Opinion or Order Filing 44 ORDER Granting #43 Joint Motion for Extension of Time to Respond to First Amended Complaint. Defendant shall have up to and including January 30, 2015 to respond to Plaintiffs First Amended Complaint.. Signed by Judge Janis L. Sammartino on 12/23/2014. (jao)
December 22, 2014 Filing 43 Joint MOTION for Extension of Time to File Answer First Amended Complaint by B. Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (jao).
December 17, 2014 Filing 42 FIRST AMENDED COMPLAINT with Jury Demand against Lycurgan Inc., filed by Lycurgan Inc. (Filed per Order #41 ). (jao)
December 17, 2014 Opinion or Order Filing 41 ORDER Granting #35 Motion to File Supplemental/Amended Complaint. The Court grants Plaintiff's Motion for Leave to File Supplemental/Amended Complaint. Plaintiff's First Amended Complaint (FAC), attached as Exhibit 4 to the instant Motion, shall be deemed filed as of the date on which this Order is electronically docketed. The deadline by which Defendants must respond to the FAC shall be calculated accordingly. Signed by Judge Janis L. Sammartino on 12/17/2014. (jao)
December 5, 2014 Opinion or Order Filing 40 ORDER Vacating Hearing re #35 MOTION to Amend/Correct #1 Complaint, . The Court hereby vacates the motion hearing set for December 12, 2014 and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 12/5/2014.(jao)
October 29, 2014 Opinion or Order Filing 39 ORDER Granting #38 Joint Motion to Continue Hearing. The Court grants the request to continue the October 30, 2014 hearing in this case, but continues the hearing on Plaintiff's Motion to File an Amended Complaint until Friday, December 12, 2014 at 2:30pm. Signed by Judge Janis L. Sammartino on 10/29/2014. (jao)
October 28, 2014 Filing 38 Joint MOTION to Continue Hearing on Plaintiff's Motion to File an Amended Complaint by B. Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (jao).
October 23, 2014 Filing 37 REPLY to Response to Motion re #35 MOTION to Amend/Correct #1 Complaint filed by Lycurgan Inc. (Attachments: #1 Declaration of Dimitri Karras, #2 Proof of Service)(McMillan, Scott) Modified on 10/24/2014 to edit text; qc mail sent re correct event (kas).
October 16, 2014 Filing 36 RESPONSE in Opposition re #35 MOTION to Amend/Correct #1 Complaint, filed by B. Todd Jones. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Butcher, Daniel) (kas).
September 22, 2014 Filing 35 MOTION to Amend/Correct #1 Complaint, by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Leave to File Supplemental/Amended Complaint Pursuant to Federal Rules of Civil Procedure Section 15(d), #2 Declaration of Scott A McMillan In Support of Motion for Leave to File Supplemental/Amended Complaint Pursuant to Federal Rules of Civil Procedure Section 15(d), #3 Proof of Service, #4 Exhibit Proposed First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand, #5 Exhibit 'A' to Proposed First Amended Complaint, #6 Exhibit 'B' to Proposed First Amended Complaint, #7 Exhibit 'C' to Proposed First Amended Complaint, #8 Exhibit 'D' to Proposed First Amended Complaint, #9 Exhibit 'E' to Proposed First Amended Complaint, #10 Exhibit 'F' to Proposed First Amended Complaint, #11 Exhibit 'G' to Proposed First Amended Complaint, #12 Exhibit 'H' to Proposed First Amended Complaint, #13 Exhibit 'I' to Proposed First Amended Complaint, #14 Exhibit 'J' to Proposed First Amended Complaint)(McMillan, Scott) (jao).
September 19, 2014 Filing 34 NOTICE of Party With Financial Interest by Lycurgan Inc. with Certificate of Service (Volk, Michelle) (jao).
September 19, 2014 Opinion or Order Filing 33 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino: Rejecting Document, from Plaintiff Lycurgan Inc., re #32 MOTION to Supplement Complaint by filing a "First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand". Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. 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 Janis L. Sammartino on 9/19/2014.(jao)
September 18, 2014 Filing 32 **Document Stricken** MOTION to Supplement Complaint by filing a "First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand" by Lycurgan Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit propopsed First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand, #3 Exhibit 'A' - to Complaint, #4 Exhibit 'B' - to Complaint, #5 Exhibit 'C' - to Complaint, #6 Exhibit 'D' - to Complaint, #7 Exhibit 'E' - to Complaint, #8 Exhibit 'F' - to Complaint, #9 Exhibit 'G' - to Complaint, #10 Exhibit 'H' - to Complaint, #11 Exhibit 'I' - to Complaint, #12 Exhibit 'J' - to Complaint)(McMillan, Scott) (jao). (Main Document 32 replaced on 9/19/2014) (jao).
September 5, 2014 Opinion or Order Filing 31 ORDER Granting #30 Plaintiff's Emergency Ex Parte Motion for Extension of Time to Seek Leave to File Amended Complaint. Plaintiff shall file a motion seeking leave to amend the Complaint on or before September 18, 2014. Signed by Judge Janis L. Sammartino on 9/5/2041. (jao)
September 4, 2014 Filing 30 Emergency MOTION for Extension of Time to File (Emergency Ex-parte Application for an Enlargement of Time in Which to Seek Leave to File Amended Complaint; Declaration of Counsel Thereon.) by Lycurgan Inc.. (McMillan, Scott) (jao).
August 29, 2014 Opinion or Order Filing 29 ORDER Granting #28 Plaintiff's Emergency Ex Parte Motion for Extension of Time to Seek Leave to Amend Complaint. Good cause appearing, the Court grants Plaintiff's Ex Parte Application. Plaintiff shall file a motion seeking leave to amend the Complaint on or before September 4, 2014. Signed by Judge Janis L. Sammartino on 8/29/2014. (jao)
August 27, 2014 Filing 28 Emergency MOTION for Extension of Time to Amend #26 Order on Motion to Stay, by Lycurgan Inc. (McMillan, Scott) (jao).
August 27, 2014 Filing 27 NOTICE of Appearance by Scott A McMillan on behalf of Lycurgan Inc. (McMillan, Scott)Attorney Scott A McMillan added to party Lycurgan Inc.(pty:pla) (jao).
July 11, 2014 Opinion or Order Filing 26 ORDER Granting #24 Joint Motion For An Agreed Order. This action is hereby stayed and all deadlines tolled until the date on which an order on the related motion to unseal (14-CV-1424, ECF No. 1) is docketed. As stipulated by the parties, within seven (7) days of the docketing of said order, Plaintiff shall apply to the Court for permission to file an amended complaint. Signed by Judge Janis L. Sammartino on 7/11/2014. (jao)
July 8, 2014 Filing 25 NOTICE OF WITHDRAWAL OF DOCUMENT by Lycurgan Inc. re #23 Joint MOTION to Stay filed by Lycurgan Inc. . (Beck, Alan) (jao).
July 8, 2014 Filing 24 Joint MOTION to Stay by Lycurgan Inc.. (Beck, Alan) (jao).
July 8, 2014 Filing 23 **Document Withdrawn** Joint MOTION to Stay by Lycurgan Inc. (Beck, Alan) Mailer sent on 7/8/2014 re signatures(jao).
June 19, 2014 Opinion or Order Filing 22 ORDER Granting #19 Ex Parte Motion to Withdraw as Attorney. Attorney Sean Brady and Carl D. Michel terminated. Signed by Judge Janis L. Sammartino on 6/19/2014. (jao)
June 16, 2014 Opinion or Order Filing 21 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino: Rejecting Document, from Plaintiff Lycurgan Inc., re #20 MOTION for Order to withdraw as counsel. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. 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 Janis L. Sammartino on 6/16/2014.(jao)(jrd)
June 13, 2014 Filing 20 **DOCUMENT STRICKEN Per Doc. No. #21 ** MOTION for Order to withdraw as counsel by Lycurgan Inc. (Michel, Carl) (Main Document 20 replaced on 6/16/2014) (jao)(jrd)
June 13, 2014 Filing 19 MOTION to Withdraw as Attorney for Lycurgan Inc. by Lycurgan Inc.. (Michel, Carl) (jao).
June 12, 2014 Opinion or Order Filing 18 ORDER: (1) Granting #16 Purported Joint Motion for Extension of Time to Respond to Complaint; and (2) Granting in part and Denying in part #17 Motion to Withdraw Consent for Extension and for Production of Documents. The Court grants in part and denies in part Plaintiff's Motion. The Court grants Plaintiff's withdrawal of consent to an extension of Defendants' time to respond but, in light of the pending related motion to unseal, denies Plaintiff's request for the production of documents. Furthermore, notwithstanding Plaintiff's withdrawn support thereof, the Court finds that good cause exists to grant the purported Joint Motion. Defendants shall have up to and including July 9, 2014 to respond to Plaintiff's Complaint. Signed by Judge Janis L. Sammartino on 6/12/2014. (jao)
June 11, 2014 Filing 17 MOTION re #16 Joint MOTION for Extension of Time to File Answer by Lycurgan Inc. (Beck, Alan) (jao).
June 9, 2014 Filing 16 Joint MOTION for Extension of Time to File Answer by B. Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (jao).
April 21, 2014 Filing 15 CERTIFICATE OF SERVICE by Lycurgan Inc. Proof of Service on Eric Holder in his Official Capacity as the Attorney General of the United States for Summons; Complaint; Civil Cover Sheet; Declaration of Dimitrios Karras, CEO Ares Armor, SUMMONS Returned Executed by Lycurgan Inc. B. Todd Jones served. (Michel, Carl) (jao).
April 21, 2014 Filing 14 CERTIFICATE OF SERVICE by Lycurgan Inc. Proof of Service on B. Todd Jones in his Official Capacity as Head of the BATFE for Summons; Complaint; Civil Cover Sheet; Declaration of Dimitrios Karras, CEO Ares Armor, SUMMONS Returned Executed by Lycurgan Inc.. B. Todd Jones served. (Michel, Carl) (jao).
April 4, 2014 Filing 13 SUMMONS Returned Executed by Lycurgan Inc.. B. Todd Jones served. (Beck, Alan) (jao).
March 19, 2014 Opinion or Order Filing 12 ORDER Granting #11 Joint Motion to (1) Take Hearing for Preliminary Injunction off Calendar, and (2) Grant Leave to File an Amended Complaint. The preliminary injunction hearing scheduled for March 20, 2014, is vacated as moot. Pursuant to Federal Rule of Civil Procedure 65(b), the March 11, 2014 Temporary Restraining Order (as modified on March 14, 2014) also is vacated as of 1:30 p.m. on Thursday, March 20, 2014. Pursuant to Federal Rule of Civil Procedure 15(a), this Order SHALL NOT AFFECT Plaintiff Lycurgan Inc. DBA Ares Armor's right to file an amended Complaint prior to Defendants' filing of a responsive pleading, nor Plaintiff's ability to seek leave to file an amended Complaint thereafter. This Order SHALL NOT PREVENT Plaintiff from seeking further injunctive or other relief either before or after filing an amended Complaint. Signed by Judge Janis L. Sammartino on 3/19/2014. (jao)
March 19, 2014 Filing 11 Joint MOTION to take hearing on preliminary injunction off calendar and granting leave to file an amended complaint by Lycurgan Inc.. (Michel, Carl) (jao).
March 18, 2014 Filing 10 NOTICE of Appearance by Carl D. Michel on behalf of Lycurgan Inc. (Michel, Carl)Attorney Carl D. Michel added to party Lycurgan Inc.(pty:pla) (jao).
March 17, 2014 Filing 9 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by B. Todd Jones. (Attachments: #1 Declaration of Paul Ware, #2 Proof of Service)(Butcher, Daniel) (jao).
March 14, 2014 Filing 8 NOTICE by Lycurgan Inc. Notice of Association of Counsel (Brady, Sean)Attorney Sean Brady added to party Lycurgan Inc.(pty:pla) Mailer sent on 3/17/2014 re multi-atty appearance filing (jao).
March 14, 2014 Filing 7 SUMMONS Returned Executed by Lycurgan Inc.. B. Todd Jones served. (Beck, Alan) (jao).
March 14, 2014 Opinion or Order Filing 6 ORDER: (1) Extending Injunction to Prevent Divestment of Subject Matter of Temporary Restraining Order; (2) Clarifying That TRO Does Not Restrain Lawful Criminal Proceedings; and (3) Modifying Briefing Schedule re #5 Motion. The hearing on Plaintiff's motion for TRO shall remain scheduled for 1:30 p.m. on Thursday, March 20, 2014. However, so that the parties may fully address all of the facts and circumstances as alleged by one another, the Court now orders that Defendants shall file a response to Plaintiff's motion at or before 9 a.m. on Monday, March 17, 2014. Plaintiff shall file a reply at or before 12 p.m. on Tuesday, March 18, 2014. Signed by Judge Janis L. Sammartino on 3/14/2014. (jao)
March 14, 2014 Filing 5 Ex Parte MOTION Extend Injunction and Clarify by B. Todd Jones. (Attachments: #1 Declaration Paul Ware, #2 Proof of Service)(Butcher, Daniel)Attorney Daniel Everett Butcher added to party B. Todd Jones(pty:dft) (jao).
March 11, 2014 Opinion or Order Filing 4 ORDER: (1) Granting #2 Motion for Temporary Restraining Order; (2) Setting Briefing Schedule; and (3) Ordering Preliminary Injunction Hearing. Responses due by 3/14/2014 and Replies due by 3/17/2014. A Preliminary Injunction Hearing is set for 03/20/2014 at 1:30 PM in Courtroom 4A before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 03/11/2014. (ag)(jrd)
March 11, 2014 Filing 3 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. (kcm) (cap).
March 11, 2014 Filing 2 MOTION for Temporary Restraining Order by Lycurgan Inc. (kcm) (cap).
March 11, 2014 Filing 1 COMPLAINT against B. Todd Jones ( Filing fee $ 400 receipt number 0974-6835058.), filed by Lycurgan Inc. (Attachments: #1 Civil Case Cover Sheet, #2 Declaration, #3 Exhibit 1-2, #4 Exhibit 3-8, #5 Exhibit 9-10)The new case number is 3:14-cv-548-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case. (Beck, Alan)(kcm) (cap).

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Defendant: B. Todd Jones
Represented By: Lisa Olson
Represented By: Daniel Everett Butcher
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Defendant: Earl Griffith
Represented By: Daniel Everett Butcher
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Defendant: Unkown Named Named Agents I-VII
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Defendant: Unkown Named Technologist
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Defendant: Unknown Named Technologist
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Defendant: Unknown Named Named Agents I-VII
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Defendant: Does I-X
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Plaintiff: Lycurgan Inc.
Represented By: Michelle D. Volk
Represented By: Carl D. Michel
Represented By: Alan Alexander Beck
Represented By: Scott A McMillan
Represented By: Sean Brady
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Plaintiff: Lycurgan Inc. doing business as Ares Armor
Represented By: Michelle D. Volk
Represented By: Carl D. Michel
Represented By: Alan Alexander Beck
Represented By: Scott A McMillan
Represented By: Sean Brady
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