Lujan v. Girardi/Keese et al
| David J. Lujan |
| The J.L.H. Trust, Roger Slater, Graham Lippsmith, Keith A. Waibel, Girardi/Keese, Grant Thornton and Does 1 Through 20 |
| 1:2009cv00017 |
| June 2, 2009 |
| US District Court for the District of Guam |
| Hagatna Office |
| Guam |
| Joaquin VE Manibusan |
| Frances M Tydingco-Gatewood |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Court Certificate of Service re #69 Opinion and Order Re: United States Magistrate Judge's Report and Recommendation Concerning Plaintiff's Motion to Remand Case to Superior Court of Guam - Superior Court of Guam served on 12/31/2009. (fad, ) |
| Filing 70 Notice of Entry re #69 Opinion and Order Re: United States Magistrate Judge's Report and Recommendation Concerning Plaintiff's Motion to Remand Case to Superior Court of Guam. (fad, ) |
Filing 69
Opinion and Order Re: United States Magistrate Judge's Report and Recommendation Concerning Plaintiff's Motion to Remand Case to Superior Court of Guam. It is hereby ordered that the #51 Report and Recommendation is ADOPTED and AFFIRMED. The #54 Objection to Report and Recommendation and #56 Objection to Report and Recommendation are OVERRULED. #66 Request for Judicial Notice GRANTED. #12 Motion to Remand GRANTED. This action is hereby remanded to the Superior Court of Guam for further proceedings. All other pending motions not yet ruled upon are deemed moot and will not be considered by this court. Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/29/2009. (fad, )
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| Filing 68 Reply to #67 Opposition to Plaintiff's Request for Judicial Notice in Support of His #12 Motion to Remand. filed by David J. Lujan. (fad, ) |
| Filing 67 Defendants J.L.H. Trust, et al.'s Opposition to Plaintiff's Request for Judicial Notice in Support of His #12 Motion to Remand (re #66 Request for Judicial Notice ) filed by G. Patrick Civille (non-CJA). **Modified on 12/14/2009 to edit docket text and to add relation to document no. 12** (fad, ). |
| Filing 66 Request for Judicial Notice in Support of #12 Motion to Remand filed by David J. Lujan. (fad, ) |
| Filing 65 Reply to Response re #62 Motion to Stay Or, in the Alternative, Transfer the Action filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. (Civille (non-CJA), G.) |
| Filing 64 Opposition re #62 Motion to Stay Or, in the Alternative, Transfer the Action filed by David J. Lujan. (fad, ) |
| Filing 63 Motion(s) joined filed by Girardi/Keese, Graham Lippsmith : #62 Motion to Stay Or, in the Alternative, Transfer the Action filed by Grant Thornton, Roger Slater, Keith A. Waibel, The J.L.H. Trust. (fad, ) |
| Filing 62 Motion to Stay Or, in the Alternative, Transfer the Action filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. Responses due by 10/22/2009. Replies due by 10/29/2009. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Stay Or, in the Alternative, Transfer the Action, #2 Declaration of Robyn C. Crowther in Support of Motion to Stay Or, in the Alternative, Transfer the Action, #3 Request for Judicial Notice - Part 1 of 3, #4 Request for Judicial Notice - Part 2 of 3, #5 Request for Judicial Notice-Part 3 of 3)(Civille (non-CJA), G.) |
| Filing 61 Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #60 Reply in Support of #54 Objection to #51 Report and Recommendations. (cbs, ) |
| Filing 60 Reply in Support of #54 Objection to #51 Report and Recommendations filed by Girardi/Keese, Graham Lippsmith. (cbs, ) |
| Filing 59 Defendants Keith Waibel, The J.L.H. Trust, Roger Slater, and Grant Thornton's Reply in Support of #56 Objection to #51 Report and Recommendation. Filed by G. Patrick Civille (non-CJA). **Modified on 9/23/2009 to edit docket text.** (jlm) |
| Filing 58 Response filed by David J. Lujan to #54 Objection to #51 Report and Recommendations. (fad, ) |
| Filing 57 Response filed by David J. Lujan to #56 Objection to #51 Report and Recommendations. (fad, ) |
| Filing 56 Objection to Report and Recommendations,, #51 filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. Responses due by 9/15/2009. Replies due by 9/22/2009. (Civille (non-CJA), G.) |
| Filing 55 Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #54 Objection to #51 Report and Recommendations filed by Girardi/Keese, Graham Lippsmith. (fad, ) |
| Filing 54 Objection to #51 Report and Recommendations filed by Girardi/Keese, Graham Lippsmith. Responses due by 9/15/2009. Replies due by 9/22/2009. (fad, ) |
| Filing 53 Notice of Filing of Official Transcript as to Girardi/Keese, Graham Lippsmith, The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton, Does 1 Through 20. (vtk, ) |
| Filing 51 Report and Recommendation granting #12 Motion to Remand filed by David J. Lujan; deny the Plaintiff's request to impose attorney fees and costs against the Defendants, and decline to take further action on #7 Motion to Sever and Dismiss or, in the Alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Girardi/Keese, Graham Lippsmith. Objections to R&R due by 9/1/2009. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 8/18/2009. (vtk, ) **Modified on 8/18/2009 to edit docket text** (vtk) |
| Filing 52 Transcript of Proceedings held on 8/11/2009 before Judge Joaquin V.E. Manibusan, Jr. Court Reporter: Wanda M. Miles. Redaction Request due 9/8/2009. Redacted Transcript Deadline set for 9/17/2009. Release of Transcript Restriction set for 11/16/2009. (Attachments: #1 Pages 65 - 128) (vtk, ) |
| Filing 50 Defendants Keith Waibel and The J.L.H. Trust's Reply in Support of Motion to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction (re #27 Motion to Dismiss for Lack of Jurisdiction, #45 Declaration, #44 Memorandum of Points and Authorities in Opposition, #28 Memorandum in Support ) filed by G. Patrick Civille (non-CJA). |
| Filing 49 Defendants Roger Slater and Grant Thornton's Reply in Support of Motion to Dismiss for Failure to State a Claim (re #46 Memorandum in Opposition, #30 Motion to Dismiss, #31 Memorandum in Support ) filed by G. Patrick Civille (non-CJA). |
| Filing 48 Transcript Order Form filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton for proceedings held on 8/11/2009 before Magistrate Judge Joaquin V. E. Manibusan, Jr. (cbs, ) |
| Filing 47 Minute Entry for proceedings held before Magistrate Judge Joaquin V.E. Manibusan, Jr.: Motion Hearing held on 8/11/2009 re #12 Motion to Remand filed by David J. Lujan, #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Graham Lippsmith, Girardi/Keese. Motion to Remand - granted. Court will issue its report and recommendation to Chief Judge. Plaintiff's request for fees and costs denied. Motion to Sever and Dismiss not addressed in light of recommendation to remand case to Superior Court of Guam. Scheduling Conference and submission of proposed scheduling order and discovery plan held in abeyance pending final ruling of Chief Judge. (Court Recorder Walter Tenorio. ) (Time: 9:00-11:54, 12:08-12:33) (fad, ) |
| Filing 46 Memorandum in Opposition to #30 Motion to Dismiss for Failure to State a Claim filed by David J. Lujan. (cbs, ) |
| Filing 45 Declaration in Opposition to #27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2) filed by David J. Lujan. (cbs, ) |
| Filing 44 Memorandum in Opposition to #27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2) filed by David J. Lujan. (cbs, ) |
| Filing 43 Stipulation Stipulated Motion to Extend Briefing Schedule and Agreement of Hearing Date filed by David J. Lujan, The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. (Civille (non-CJA), G.) |
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Filing 42
Order granting #41 Motion to Substitute Attorney. Attorney F. Randall Cunliffe terminated. G. Patrick Civille added as counsel for Defendants Keith Waibel, J.L.H. Trust, Roger Slater and Grant Thornton. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr. on 7/28/2009. (fad, )
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| Filing 41 Substitution of Counsel filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. (Civille (non-CJA), G.) **Modified on 7/24/2009 to edit docket text** (fad, ). |
| Filing 40 Certificate of Service filed by David J. Lujan re #39 Declaration of Eduardo A. Calvo, #38 Reply to Response, #37 Reply to Response. (related document(s): #12 Motion to Remand). (fad, ) |
| Filing 39 Declaration of Eduardo A. Calvo in Support re #38 Reply to Response, #12 Motion to Remand filed on behalf of David J. Lujan. (vtk, ) |
| Filing 38 Reply to Response to Defendant Keith Waibel, the J.L.H. Trust, Roger Slater, and Grant Thornton's Opposition filed by David J. Lujan re #22 Opposition, #12 Motion to Remand. (vtk, ) |
| Filing 37 Reply to Response to Defendants Girardi/Keese and Graham Lippsmith's Opposition filed by David J. Lujan re #12 Motion to Remand, #20 Opposition. (vtk, ) |
| Filing 36 Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #35 Reply in Support (related document(s): #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim, #23 Opposition). (vtk, ) |
| Filing 35 Reply in Support of #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim (related document(s): #23 Opposition) filed by Girardi/Keese, Graham Lippsmith. (vtk, ) |
| Filing 34 Agreement of Hearing Date (re #27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2), #30 Motion to Dismiss for Failure to State a Claim). (fad, ) |
| Filing 33 Certificate of Service filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton re #22 Opposition. (cbs, ) |
| Filing 32 Certificate of Service filed by Roger Slater, Grant Thornton re #30 Motion to Dismiss for Failure to State a Claim and #31 Memorandum in Support. (cbs, ) |
| Filing 31 Memorandum in Support of #30 Motion to Dismiss for Failure to State a Claim filed by Roger Slater, Grant Thornton. (cbs, ) |
| Filing 30 Motion to Dismiss for Failure to State a Claim filed by Roger Slater, Grant Thornton. Responses due by 7/30/2009. Replies due by 8/6/2009. (cbs, ) |
| Filing 29 Certificate of Service filed by The J.L.H. Trust, Keith A. Waibel re #27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2) and #28 Memorandum in Support. (cbs, ) |
| Filing 28 Memorandum in Support of #27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2) filed by The J.L.H. Trust, Keith A. Waibel. (cbs, ) |
| Filing 27 Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6) and for Lack of Jurisdiction under Fed.R.Civ.P. 12(b)(2) filed by The J.L.H. Trust, Keith A. Waibel. Responses due by 7/30/2009. Replies due by 8/6/2009. (cbs, ) |
| Filing 26 Certificate of Service filed by David J. Lujan re #23 Opposition, #24 Declaration of David J. Lujan, #25 Declaration of Eduardo A. Calvo filed by David J. Lujan. (cbs, ). (cbs, ) |
| Filing 25 Declaration of Eduardo A. Calvo in #23 Opposition to #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by David J. Lujan. (Attachments: #1 Part 2 - Exhibits F and G, #2 Part 3 - Exhibit H)(cbs, ) |
| Filing 24 Declaration of David J. Lujan in Opposition to #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by David J. Lujan. (cbs, ) |
| Filing 23 Opposition to #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by David J. Lujan. (cbs, ) |
| Filing 22 Opposition to #12 Motion to Remand filed by Keith A. Waibel, The J.L.H. Trust, Roger Slater, Grant Thornton. (cbs, ) |
| Filing 21 Certificate of Service re #20 Opposition to #12 Motion to Remand filed by Girardi/Keese, Graham Lippsmith. (cbs, ). (cbs, ) |
| Filing 20 Opposition to #12 Motion to Remand filed by Girardi/Keese, Graham Lippsmith. (cbs, ) |
| Filing 19 Scheduling Notice. Proposed Scheduling Order due by 8/17/2009. Proposed Discovery Plan due by 8/17/2009. Scheduling Conference set for 8/31/2009 at 10:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. (cbs, ) |
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Filing 18
Order Setting Hearing on #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim; and #12 Motion to Remand. Motion Hearing set for 8/11/2009 at 09:00 AM in 3rd Floor Courtroom before Magistrate Judge Joaquin V.E. Manibusan Jr. Responses/Oppositions to both motions due by 7/13/2009 at 03:00 PM. Replies due by 7/20/2009 at 03:00 PM. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr. on 7/2/2009. (fad, )
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Filing 17
Order Referring Motions: #12 Motion to Remand filed by David J. Lujan, #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Graham Lippsmith, Girardi/Keese. These motions are hereby referred to Magistrate Judge Joaquin V.E. Manibusan, Jr. to determine and to issue his report and recommendation to the court as to the appropriate disposition. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/30/2009. (fad, )
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| Filing 16 Stipulated Briefing Schedule re #12 Motion to Remand, #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by all parties. (fad, ) |
| Filing 15 Certificate of Service filed by David J. Lujan re #12 Motion to Remand, #13 Memorandum in Support, #14 Request for Oral Argument; Agreement of Hearing Date. (cbs, ) |
| Filing 14 Request for Oral Argument; Agreement of Hearing Date (related documents #12 Motion to Remand ) filed by David J. Lujan. (cbs, ) |
| Filing 13 Memorandum in Support re #12 Motion to Remand filed by David J. Lujan. (cbs, ) |
| Filing 12 Motion to Remand filed by David J. Lujan. Responses due by 6/30/2009. Replies due by 7/7/2009. (cbs, ) |
| Filing 11 Agreement of Hearing Date re #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Graham Lippsmith, Girardi/Keese. (cbs, ) |
| Filing 10 Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim, #8 Memorandum of Points and Authorities in Support of Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim, #9 Declaration of Joseph C. Razzano in Support of Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim. (cbs, ) |
| Filing 9 Declaration of Joseph C. Razzano in support of #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Claim for Defamation filed by on behalf of Girardi/Keese, Graham Lippsmith. (Attachments: #1 Exhibit A (continued), #2 Exhibits B-C)(cbs, ) **Modified on 7/8/2009 to edit docket text**(fad, ). |
| Filing 8 Memorandum of Points and Authorities in Support of #7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Girardi/Keese, Graham Lippsmith. (cbs, ) |
| Filing 7 Motion to Sever and Dismiss or, in the alternative, Transfer or Stay Plaintiff's Defamation Claim filed by Girardi/Keese, Graham Lippsmith. Responses due by 6/22/2009. Replies due by 6/29/2009. (cbs, ) |
| Filing 6 Amended Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #1 Notice of Removal, #2 Certificate of Interested Parties. (cbs, ). (cbs, ) |
| Filing 5 Joinder in #1 Notice of Removal filed by The J.L.H. Trust, Keith A. Waibel, Roger Slater, Grant Thornton. (cbs, ) |
| Filing 4 Acknowledgment by Teker Torres & Teker P.C. of AO Form 85, Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; AO Form 85A, Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge. (Attachments: #1 AO 85A)(cbs, ) |
| Filing 3 Certificate of Service filed by Girardi/Keese, Graham Lippsmith re #1 Notice of Removal, #2 Certificate of Interested Parties. (cbs, ) |
| Filing 2 Certificate of Interested Parties re #1 Notice of Removal, filed by Girardi/Keese, Graham Lippsmith. (cbs, ) |
| Filing 1 Notice of Removal filed by Girardi/Keese, Graham Lippsmith from Superior Court of Guam, case number CV 0776-09. (Filing fee $ 350 receipt number GUX003991). Scheduling Notice due to be issued by 7/7/2009. (Attachments: #1 Exhibit A continued, #2 Exhibit A continued - Part 3, Exhibits B and C, #3 Cover Sheet)(cbs, ) |
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