Olteanu v. Gonzales et al
| Andreea Olteanu |
| Eric Gonzales, Anca Olteanu, Louis Schneider, Angela Niculescu, Calin Niculescu, Merrill Lynch Wealth Management, Banca BRD, Societe Generale S.A. and SG America Securities LLC, Napa Police Department, Christopher Ford, Costin Niculescu and Horia Tanasescu |
| 1:2023cv00299 |
| July 19, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 Mail returned as undeliverable; re ECF #40 . Mail sent to Andreea Olteanu returned by USPS, Return to Sender, Unable to Forward. (jni) |
| Filing 41 EO: In light of the pending Plaintiffs response to the 08/29/2023 #40 Order, the Telephonic Rule 16 Scheduling Conference previously set for 09/18/2023 IS CONTINUED TO 10/18/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 10/11/2023.Parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) was also sent to Pro Se Plaintiff Andreea Olteanu at the email address of aporcelli@swissgrowthforum.io on 09/12/2023. |
Filing 40
ORDER (1) DENYING PLAINTIFF'S REQUEST FOR ISSUANCE OF A TEMPORARY RESTRAINING ORDER, AND (2) TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED OR TRANSFERRED FOR IMPROPER VENUE - Signed by JUDGE J. MICHAEL SEABRIGHT on 8/29/2023. Based on the foregoing, the court DENIES Plaintiff's Request for TRO, ECF No. 9. Furthermore, the court ORDERS Plaintiff to SHOW CAUSE in writing by September 15, 2023, why this case should not be dismissed or transferred for improper venue under 28 U.S.C. 1406(a). Further, Plaintiff is required to address where proper venue would lie if the court does decide to transfer venue--that is, where the case should more properly be brought. Failure to respond to the Order to Show Cause by September 15, 2023, may result in dismissal of the action without prejudice.Show Cause Response due by 9/15/2023.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 8/29/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni)
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| Filing 39 Additional Exhibits in Support of a #9 Preliminary Injunction and TRO Against the Defendants - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(eta) |
| Filing 38 Return Receipts; 1. Anca Olteanu; 2. Louis Schneider - by Andreea Olteanu. (jni) |
| Filing 37 Additional Exhibits in Support of a Preliminary Injunction and TRO Against the Defendants; Exhibits 1-5 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(jni) |
| Filing 36 Return Receipt from Napa Police Dept, Napa, CA 94558; Exhibit 1: Receipt - by Andreea Olteanu. (Attachments: #1 Exhibit 1)(jni) |
| Filing 35 Amended Defendant List filed by Plaintiff Andreea Olteanu. (mdc) *** Pro se plaintiff filer given a copy at the intake window. (mdc) |
| Filing 34 Summons Issued as to Eric Gonzales. (mdc) |
| Filing 33 Summons Issued as to Merrill Lynch Wealth Management. (mdc) |
| Filing 32 Filing fee received: $ 402.00, Receipt number: 1136. (mdc) |
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Filing 31
ORDER DENYING MOTION TO RECONSIDER, ECF NO. 30 re #30 - Signed by JUDGE J. MICHAEL SEABRIGHT on 8/15/2023. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 8/15/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
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| Filing 30 MOTION to Reconsider Dismissal of Case CV-23-00155 JMS-KJM and Consolidation with Case CV-23-00299 in Accordance with Federal Rule of Civil Procedure 42 B; Alternatively Reconsider Partial or Full Waiver of Filing Fee for CV-23-00299; Jury Trial Requested - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(jni) |
| Filing 29 EO: On July 19, 2023, pro se Plaintiff Andreea Olteanu ("Plaintiff") filed a Complaint, ECF No. #1 , along with an Application to Proceed in District Court Without Prepaying Fees or Costs ("IFP Application"), ECF No. #3 . The court denied Plaintiff's IFP Application and directed her to remit the required filing fee by August 4, 2023, or else her action would be automatically dismissed. See ECF No. #8 . On July 25, 2023, Plaintiff filed an Amended Complaint seeking a temporary restraining order and preliminary injunction, ECF No. #9 , and purportedly paid the $402 total filing fee, ECF No. #10 . Subsequently, the Clerk (via Finance) advised Plaintiff that the $402 check could not be processed "due to frozen/blocked account," and that an alternate form of payment must be remitted by September 4, 2023, ECF No. #28 . The court, thus, takes no further action on any pending matter until Plaintiff remits the filing fee. Failure to do so as instructed by the Clerk will result in automatic dismissal of this action. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 28 Letter from Lucy H, Carillo, Clerk of Court (via finance) addressed to Andreea M. Olteanu, RE: CV 23-299 Civil Filing Fee Check #0009 for $402.00 dated August 4, 2023. (apg) |
| Filing 27 Additional Declaration in Support of an Ex Parte Evidentiary Hearing for a TRO and Preliminary Injunction; Jury Trial Requested; Exhibits 1-7 - by Andreea Olteanu. (Attachments: #1 Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Note: Ms. Olteanu indicated that Exhibit 3 is not included with the filing.(jni) |
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Filing 26
EO: On 07/31/2023, Plaintiff filed a #24 Motion, asking the Court to order service to the Defendants in this case. ECF No. #24 . Plaintiff does not explain why she cannot serve Defendants, whether she has tried to serve Defendants, or why the Court should execute service for her. See id. Federal Rule of Civil Procedure 4(c)(1) provides that "[t]he plaintiff is responsible for having the summons and complaint served within the time allowed[.]" Fed. R. Civ. P. 4(c)(1). It is thus Plaintiff's responsibility to serve Defendants. Accordingly, the Motion is DENIED. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 08/02/2023. (kjm3)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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| COURT'S CERTIFICATE of Service - a copy of 26 Entering Order shall be served by First Class Mail to Andreea Olteanu at the address of record on August 3, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 25 Declaration in Support of Ex Parte Motion for a Preliminary Injunction and TRO Under Rule 65 Against Defendants Anca Olteanu, Eric Gonzales, Merrill Lynch Wealth Management; Exhibits 1-2 re #9 - by Andreea Olteanu. (Attachments: #1 Exhibit "1", #2 Exhibit "2")(eta) |
| Filing 24 Request for Court Order for Service of Summons by a U.S. Marshall [sic] or Deputy Marshall [sic] or Someone Appointed by the Court - by Plaintiff Andreea Olteanu. (jni) |
| Filing 23 Summons Issued as to Horia Tanasescu. (jni) |
| Filing 22 Summons Issued as to Costin Niculescu. (jni) |
| Filing 21 Summons Issued as to Christopher Ford. (jni) |
| Filing 20 Summons Issued as to Napa Police Department. (jni) |
| Filing 19 Summons Issued as to Societe Generale S.A. and SG America Securities LLC. (jni) |
| Filing 18 Summons Issued as to Banca BRD. (jni) |
| Filing 17 Summons Issued as to Merrill Lynch Wealth Management. (jni) |
| Filing 16 Summons Issued as to Calin Niculescu. (jni) |
| Filing 15 Summons Issued as to Angela Niculescu. (jni) |
| Filing 14 Summons Issued as to Louis Schneider. (jni) |
| Filing 13 Summons Issued as to Anca Olteanu. (jni) |
| Filing 12 Summons Issued as to Eric Gonzales. (jni) |
| Filing 11 EXHIBITS 1-4; ADDITIONAL EXHIBITS in Support of a TRO Against Anca Olteanu, Eric Gonzales, Merrill Lynch Wealth Management; Jury Trial Requested - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(jni) |
| Filing 10 ** Per email from Finance, the bank bounced the check for the full amount of $402. FEE DUE. ** Filing fee received: $ 402.00, Receipt number 969. (jni) Modified on 8/4/2023 (jni) |
| Filing 9 AMENDED COMPLAINT - ACTION FOR PERSONAL INJURY ALLEGING INTENTIONAL TORTS AND FEDERAL CRIMES RELATED TO EMBEZZLEMENT, BREACH OF FIDUCIARY DUTY, EXTORTION AND "FCPA" AND SEC VIOLATIONS; JURY TRIAL REQUESTED; EXHIBITS 1-16 against Eric Gonzales, Anca Olteanu, Louis Schneider, Angela Niculescu, Calin Niculescu, Merrill Lynch Wealth Management, Banca BRD, Societe Generale S.A. and SG America Securities LLC, Napa Police Department, Christopher Ford, Costin Niculescu, Horia Tanasescu- filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(jni) Modified on 7/25/2023 (jni) Filing event modified on 8/3/2023 to reflect as a "Motion for Temporary Restraining Order" and Preliminary Injunction - the Prayer for Relief states the following: "I am Respectfully Requesting that this Court issues a Preliminary Injunction against Anca Olteanu, suspending her indefinitely as Trustee and appointing a Receiver, and ordering him to prepare an adequate accounting." "I am requesting that the Court issues a Temporary Restraining Order against Anca Olteanu, Eric Gonzales, Calin Niculescu, and Angela Niculescu due to their persistent and ongoing threats to my safety, well-being, and reputation." (eta). Added MOTION for Preliminary Injunction on 8/3/2023 (eta). |
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Filing 8
ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, ECF NO. 3 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/21/2023.... Plaintiff is capable of paying the filing fee. See 28 U.S.C. 1915(a). Accordingly, the court finds that Plaintiff fails to qualify for IFP status under 1915(a), and her IFP Application, ECF No. 3, is DENIED. Plaintiff should give serious consideration as to whether to pay the filing fee to proceed with her case in this court. Plaintiff's Complaint is a diversity action based on injury allegedly caused by five defendants located in California, one defendant in Nevada, two defendants in New York, and one defendant in Romania. ECF No. 1 at PageID.13. Instead, it appears that Plaintiff's claim should be brought in a venue where, for example, the subject trust accounts or financial records are located. Thus, before paying a filing fee in this district, Plaintiff may wish to consider whether she should file her claim in a more appropriate forum. If Plaintiff wishes to proceed with this action, she must remit a filing fee of $350 and an administrative fee of $52, for a total of $402 to the Clerk of Court by August 4, 2023. Failure to do so will result in automatic dismissal of this action. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
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| Filing 7 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00299 JMS-KJM on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Andreea Olteanu has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on July 20, 2023. |
| Filing 6 EO: The Clerk's Office is DIRECTED to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action.(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 6 Entering Order has been served by First Class Mail to Andreea Olteanu at the address of record on July 20, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. FILING INSTRUCTIONS ARE ATTACHED. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry ofappearance. In the event a dispositive motion is filed prior to the date on which thesubmission of the Election Form is required, the parties must return the completedElection Form within seven (7) calendar days after the motion is filed. (Attachments: #1 Election Form ) A copy of the Notice and Election Form was provided to the filer at the time of filing, on 7/19/2023. (eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 9/18/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/19/2023. A copy of the order was provided to the filer at the time of filing, on 7/19/2023. (eta)
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| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Andreea Olteanu (eta) |
| Filing 2 CIVIL Cover Sheet - by Andreea Olteanu. (eta) |
| Filing 1 COMPLAINT / CLAIM for Personal Injury; Jury Trial Requested; Exhibits 1-14 against All Defendants - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(eta) |
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