Lycurgan, Inc. v. Jones
Plaintiff: Lycurgan, Inc. and Lycurgan, Inc. a California Corporation doing business as Ares Armor
Defendant: Todd Jones
Case Number: 3:2014cv01679
Filed: July 16, 2014
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Janis L Sammartino
Referring Judge: Bernard G Skomal
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 7, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2016 Filing 59 USCA Time Schedule Order as to #57 Notice of Appeal to 9th Circuit, filed by Lycurgan, Inc. (akr)
March 7, 2016 Filing 58 USCA Case Number 16-55341 for #57 Notice of Appeal to 9th Circuit, filed by Lycurgan, Inc. (akr)
March 6, 2016 Filing 57 NOTICE OF APPEAL to the 9th Circuit as to #56 Clerk's Judgment, #55 Order granting Defendant's Motion to Dismiss and Dismissing with Prejudice Plaintiff's Amended Complaint, by Lycurgan, Inc. (Filing fee $ 505 receipt number 0974-8859064.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (McMillan, Scott). (Modified on 3/6/2016 to edit docket text re linked Order.) (akr).
January 27, 2016 Filing 56 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court DISMISSES WITH PREJUDICE Plaintiff's First Amended Complaint for lack of subject-matter jurisdiction. The Court GRANTS Defendant's Motion To Dismiss (ECF No. 39) and DISMISSES WITH PREJUDICE Plaintiff's First Amended Complaint (ECF No. 34).(kcm)
January 27, 2016 Opinion or Order Filing 55 ORDER granting #39 Defendant's Motion to Dismiss; and Dismissing with Prejudice Plaintiff's Amended Complaint. Signed by Judge Janis L. Sammartino on 1/27/2016. (kcm)
January 19, 2016 Filing 54 MANDATE of USCA dismissing the appeal for lack of jurisdiction as to #24 Notice of Appeal to the 9th Circuit filed by Lycurgan, Inc. (akr)
December 30, 2015 Opinion or Order Filing 53 ORDER Vacating Hearing. The Court HEREBY VACATES the hearing on this Motion, set for Thursday, January 7, 2016, and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted #39 MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Janis L. Sammartino on 12/30/2015.(kcm)
December 17, 2015 Filing 52 REPLY to Response to Motion re #39 MOTION to Dismiss for Lack of Jurisdiction filed by Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (kcm).
December 3, 2015 Filing 51 RESPONSE in Opposition re #39 MOTION to Dismiss for Lack of Jurisdiction filed by Lycurgan, Inc.. (Attachments: #1 Declaration of Scott A. McMillan, #2 Declaration of Dimitrios Karras, #3 Proof of Service)(McMillan, Scott) (jao).
November 19, 2015 Opinion or Order Filing 50 ORDER Granting #49 Joint Motion for Extension of Briefing Schedule re #39 MOTION to Dismiss for Lack of Jurisdiction . The hearing on Defendants Motion to Dismiss Amended Complaint presently scheduled for December 17, 2015 is hereby continued to January 7, 2016 at 1:30 p.m. Plaintiff shall file a response on or before December 3, 2015. Defendant shall file a reply, if any, on or before December 17, 2015. Signed by Judge Janis L. Sammartino on 11/19/2015. (jao)
November 19, 2015 Filing 49 Joint MOTION for Extension of Time to File Response/Reply as to #48 USCA Order, #39 MOTION to Dismiss for Lack of Jurisdiction by Lycurgan, Inc. (McMillan, Scott) (jao).
November 18, 2015 Opinion or Order Filing 48 ORDER of USCA as to #24 Notice of Appeal to 9th Circuit filed by Lycurgan, Inc. We conclude that the December 17, 2014 order and "judgment" dismissing appellant's claim without prejudice was not intended to be a final and appealable order. Accordingly, we dismiss this appeal for lack of jurisdiction. Dismissed. (akr)
October 26, 2015 Opinion or Order Filing 47 ORDER Granting Joint Motion for Extension of Briefing Schedule on Defendant's Motion to Dismiss Pending Decision in the Court of Appeals for the Ninth Circuit #46 . The hearing on Defendant's Motion to Dismiss Amended Complaint #39 presently scheduled for December 3, 2015 is hereby continued to December 17, 2015 at 1:30 p.m. Plaintiff shall file a response on or before November 19, 2015. Defendant shall file a reply, if any, on or before December 3, 2015. Signed by Judge Janis L. Sammartino on 10/26/2015. (vam)
October 22, 2015 Filing 46 Joint MOTION for Extension of Time to File Response/Reply as to #45 Order on Motion for Extension of Time to File Response/Reply, #39 MOTION to Dismiss for Lack of Jurisdiction by Lycurgan, Inc.. (McMillan, Scott)
September 25, 2015 Opinion or Order Filing 45 ORDER Granting #44 Motion for Extension of Time to File Response/Reply re #39 MOTION to Dismiss for Lack of Jurisdiction . The hearing on Defendant's Motion to Dismiss Amended Complaint presently scheduled for October 22, 2015 is hereby continued to December 3, 2015 at 1:30 p.m. Plaintiff shall file a response on or before October 22, 2015. Plaintiff shall file a reply, if any, on or before November 12, 2015. Signed by Judge Janis L. Sammartino on 9/25/2015. (jao)
September 24, 2015 Filing 44 Joint MOTION for Extension of Time to File Response/Reply as to #41 USCA Order,,, #43 Order on Motion for Extension of Time to File Response/Reply,, #39 MOTION to Dismiss for Lack of Jurisdiction by Lycurgan, Inc.. (McMillan, Scott) (jao).
September 2, 2015 Opinion or Order Filing 43 ORDER Granting #42 Joint Motion for Extension of Time to File Response/Reply re #39 MOTION to Dismiss for Lack of Jurisdiction . The hearing on Defendant's Motion to Dismiss presently scheduled for October 1, 2015 is hereby continued to October 22, 2015 at 1:30 p.m. Plaintiff shall file response to the Motion to Dismiss on or before September 24, 2015. Defendant shall file a reply, if any, on or before October 8, 2015. Signed by Judge Janis L. Sammartino on 9/2/2015. (jao)
August 30, 2015 Filing 42 Joint MOTION for Extension of Time to File Response/Reply on Defendant's Motion to Dismiss with Certificate of Service by Lycurgan, Inc.. (Volk, Michelle)(jao).
August 18, 2015 Opinion or Order Filing 41 ORDER of USCA as to #24 Notice of Appeal to 9th Circuit filed by Lycurgan, Inc. The USDC docket reflects that, on June 11, 2015, the USDC granted appellant leave to file a first amended complaint. Appellant did not timely notify the USCA of that decision, as required by the March 5, 2015 order. The stay of these proceedings is lifted. As a result of the USDC's June 11, 2015 order, appellant's first amended complaint remains pending in the USDC. Accordingly, within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing remains suspended pending further order of the USCA. (akr)
August 10, 2015 Opinion or Order Filing 40 ORDER Setting Briefing Schedule re #39 MOTION to Dismiss for Lack of Jurisdiction : A hearing on the motion is presently scheduled for October 1, 2015 at 1:30 p.m. Plaintiff shall file a response to the motion on or before September 3, 2015. Defendant shall file a reply, if any, on or before September 17, 2015. Signed by Judge Janis L. Sammartino on 8/10/2015.(jao)
August 5, 2015 Filing 39 MOTION to Dismiss for Lack of Jurisdiction by Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Armando Hernandez, #3 Exhibit List, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Proof of Service)(Butcher, Daniel) (jao).
July 15, 2015 Opinion or Order Filing 38 ORDER Granting #36 Joint Motion for Extension of Time to Respond. Defendant shall file an answer to Plaintiffs Verified Petition on or before August 5, 2015. Signed by Judge Janis L. Sammartino on 7/15/2015. (jao)
July 12, 2015 Filing 37 AMENDED NOTICE OF APPPEAL as to #20 Clerk's Judgment, #33 Order, by Lycurgan, Inc. (Attachments: #1 Exhibit 'A' - Order denying new trial but allowing the filing of an amended complaint.)(McMillan, Scott). (Modified on 7/13/2015 to edit docket text to reflect title of document, to edit docket text re linked documents, and to add link to Clerk's Judgment. USCA Case Number 15-55228. Amended Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr).
July 10, 2015 Filing 36 Joint MOTION for Extension of Time to File Answer re #34 Amended Complaint, by Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel)
July 1, 2015 Filing 35 CERTIFICATE OF SERVICE by Lycurgan, Inc. re #34 Amended Complaint, (McMillan, Scott) (jao).
July 1, 2015 Filing 34 AMENDED COMPLAINT with Jury Demand [Verified Petition for Return of Property, and for Attorneys Fees; Demand for Jury Trial] against Todd Jones, filed by Lycurgan, Inc.. (Attachments: #1 Exhibit 'A', #2 Exhibit 'B', #3 Exhibit 'C', #4 Exhibit 'D', #5 Exhibit 'E', #6 Exhibit 'F', #7 Exhibit 'G') (McMillan, Scott) (jao).
June 11, 2015 Opinion or Order Filing 33 ORDER (1) Denying Plaintiff Lycurgan, Inc.'s Motion For New Trial; And (2) Granting Plaintiff Leave To File A First Amended Complaint (Re Doc. #21 ): Plaintiff may file an amended complaint within 21 days of the date on which this order is electronically docketed. Signed by Judge Janis L. Sammartino on 6/11/2015. (mdc) Modified on 6/11/2015 - Notified appeals clerk re this filing. (mdc)
March 5, 2015 Opinion or Order Filing 32 ORDER of USCA as to #24 Notice of Appeal to 9th Circuit filed by Lycurgan, Inc. The court's records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in FRAP 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the USDC's resolution of the pending motion. Within 7 days after the USDC's ruling on the pending motion, appellant shall notify the USCA in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the USDC's ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by FRAP 4. The Clerk shall serve this order on the USDC. (akr)
February 27, 2015 Opinion or Order Filing 31 ORDER Vacating Hearing re #21 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59(a). The Court hereby vacates the motion hearing set for March 5, 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 2/27/2015.(jao)
February 19, 2015 Filing 30 REPLY to Response to Motion re #21 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59(a) filed by Lycurgan, Inc.. (Attachments: #1 Declaration of Scott A. McMillan, #2 Declaration of Dimitrios Karras, #3 Objection to the Declaration of Armando Hernandez)(McMillan, Scott) (jao).
February 19, 2015 Filing 29 NOTICE by Lycurgan, Inc., re #24 Notice of Appeal to 9th Circuit Appellant's Statement of Non Designation of Transcripts on Appeal with Certificate of Service. (Volk, Michelle). (akr).
February 19, 2015 Filing 28 NOTICE by Lycurgan, Inc., re #24 Notice of Appeal to 9th Circuit Appellant's Statement of Issues on Appeal with Certificate of Service. (Volk, Michelle). (akr).
February 12, 2015 Filing 27 RESPONSE in Opposition re #21 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59(a) filed by Todd Jones. (Attachments: #1 Declaration of Armando Hernandez, #2 Proof of Service)(Butcher, Daniel) (jao).
February 10, 2015 Filing 26 USCA Time Schedule Order as to #24 Notice of Appeal to 9th Circuit filed by Lycurgan, Inc. (akr)
February 10, 2015 Filing 25 USCA Case Number 15-55228 for #24 Notice of Appeal to 9th Circuit filed by Lycurgan, Inc. (akr)
February 9, 2015 Filing 24 NOTICE OF APPEAL to the 9th Circuit as to #20 Clerk's Judgment by Lycurgan, Inc. (Filing fee $ 505 receipt number 0974-7792461.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (McMillan, Scott). (akr).
January 20, 2015 Opinion or Order Filing 23 ORDER Setting Briefing Schedule re ECF #21 . Responses due by 2/12/2015, Replies due by 2/19/2015. Signed by Judge Janis L. Sammartino on 1/20/2015.(knb)
January 14, 2015 Filing 22 NOTICE of Appearance by Michelle D. Volk on behalf of Lycurgan, Inc. (Volk, Michelle) (jao).
January 14, 2015 Filing 21 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59(a) by Lycurgan, Inc.. (Attachments: #1 Declaration of Scott McMillan in support of Motion for New Trial, #2 Proof of Service)(Volk, Michelle)Attorney Michelle D. Volk added to party Lycurgan, Inc.(pty:pla) (jao).
December 17, 2014 Filing 20 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grants Defendant's motion to dismiss, and dismisses Plaintiff's claim without prejudice.(jao)
December 17, 2014 Opinion or Order Filing 19 ORDER Granting #7 Defendant's Motion to Dismiss. The Court grants Defendant's MTD and dismisses Plaintiff's claim without prejudice. Signed by Judge Janis L. Sammartino on 12/17/2014. (jao)
December 16, 2014 Filing 18 CERTIFICATE OF SERVICE by Lycurgan, Inc. re #17 Reply - Other DECLARATION OF SCOTT A. MCMILLAN REGARDING DECLARATION OF DANIEL E. BUTCHER OF DECEMBER 16, 2014 (McMillan, Scott) (jao).
December 16, 2014 Filing 17 REPLY re #16 Declaration of Scott A. McMillan regarding Declaration of Daniel E. Butcher of December 16, 2014 filed by Lycurgan, Inc. (McMillan, Scott) (jao).
December 16, 2014 Filing 16 DECLARATION re #7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (jao).
December 5, 2014 Opinion or Order Filing 15 ORDER Vacating Hearing re #7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. 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 30, 2014 Filing 14 REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (jao).
October 29, 2014 Opinion or Order Filing 13 ORDER Sua Sponte Continuing Hearing re #7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim : On its own motion, the Court hereby continues the hearing on the Motion to Dismiss presently scheduled for November 6, 2014 to Friday, December 12, 2014 at 2:30pm. Defendant, if he wishes, shall still file his reply by October 30, 2014. Signed by Judge Janis L. Sammartino on 10/29/2014.(jao)
October 23, 2014 Filing 12 RESPONSE in Opposition re #7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Lycurgan, Inc.. (Attachments: #1 Declaration of Dimitri Karras, #2 Declaration of Scott A. McMillan, #3 Declaration of Daniel G. O'Kelly, #4 Objection to the Declaration of S/A Marks, #5 Objection to the Declaration of R/A McCracken, #6 Proof of Service)(McMillan, Scott) (vam).
October 22, 2014 Opinion or Order Filing 11 ORDER Denying #8 Emergency Application for an Order for Expedited Rule 34 Inspection and to Continue Hearing Date and Related Filing Deadlines. Signed by Judge Janis L. Sammartino on 10/22/2014. (knb)
October 15, 2014 Filing 10 REPLY - Other re #9 Response in Opposition to Motion, filed by Lycurgan, Inc. (McMillan, Scott) (knb).
October 15, 2014 Filing 9 RESPONSE in Opposition re #8 Emergency MOTION for Discovery [Order for Expedited Rule 34 Inspection and to Continue Hearing Date and Related Filing Deadlines] filed by Todd Jones. (Attachments: #1 Proof of Service)(Butcher, Daniel) (knb).
October 13, 2014 Filing 8 Emergency MOTION for Discovery [Order for Expedited Rule 34 Inspection and to Continue Hearing Date and Related Filing Deadlines] by Lycurgan, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott A. McMillan, #3 Exhibit 'A', #4 Exhibit 'B', #5 Exhibit 'C', #6 Proof of Service)(McMillan, Scott) (jao).
September 22, 2014 Filing 7 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Todd Jones. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1, #3 Exhibit 2, #4 Proof of Service)(Butcher, Daniel)Attorney Daniel Everett Butcher added to party Todd Jones(pty:dft) (jao).
September 19, 2014 Filing 6 NOTICE of Party With Financial Interest by Lycurgan, Inc. with Certificate of Service (Volk, Michelle) (jao).
August 14, 2014 Filing 5 NOTICE OF RELATED CASE(S) by Lycurgan, Inc. of case(s) 14-01211, 14-1424, 14-0548 with Certificate of Service. (Volk, Michelle) low number order already docketed, 7/22/2014 (jao).
August 6, 2014 Filing 4 SUMMONS Returned Executed by Lycurgan, Inc.. Todd Jones served. (Volk, Michelle) (jao).
July 22, 2014 Opinion or Order Filing 3 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal for all further proceedings. Judge John A. Houston, Magistrate Judge Jill L. Burkhardt no longer assigned to case. Create association to 3:14-cv-01424-JLS-BGS. The new case number is 14CV1679-JLS(BGS). Signed by Judge John A. Houston on 07/21/14. Signed by Judge Janis L. Sammartino on 07/18/2014.(jpp)
July 17, 2014 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. (cxl)(av1).
July 16, 2014 Filing 1 COMPLAINT with Jury Demand against Todd Jones ( Filing fee $ 400 receipt number 0974-7210467.), filed by Lycurgan, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)The new case number is 3:14-cv-01679-JAH-JLB. Judge John A. Houston and Magistrate Judge Jill L. Burkhardt are assigned to the case. (McMillan, Scott)(Notified CA of related case; Attachment 1 corrected on 7/17/2014) (cxl). Modified on 7/17/2014 Low number order prepared (kas).(av1).

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Plaintiff: Lycurgan, Inc.
Represented By: Michelle D. Volk
Represented By: Scott A McMillan
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Plaintiff: Lycurgan, Inc. a California Corporation doing business as Ares Armor
Represented By: Michelle D. Volk
Represented By: Scott A McMillan
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Defendant: Todd Jones
Represented By: U S Attorney CV
Represented By: Daniel Everett Butcher
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