Gavin O Neill v. Jennifer Acosta et al
| Gavin O Neill |
| Jennifer Acosta and Jenpire Holdings LLC |
| 2:2018cv01116 |
| June 21, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| George Foley |
| Gloria M Navarro |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 40 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MMM) |
Filing 39
SCHEDULING ORDER re: #36 Joint Status Report. The parties' joint status report set forth discovery plan and scheduling order dates and the Court grants the proposed dates. The following discovery plan and scheduling order dates shall apply: Discovery due by 2/4/2019. Motions due by 5/6/2019. Proposed Joint Pretrial Order due by 6/6/2019. Signed by Magistrate Judge George Foley, Jr on 8/14/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 38 ERROR: Entered in incorrect case. Entry terminated. (EDS) MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 8/14/2018. By Deputy Clerk: Ivy Hensel. The terms of settlement between the Relator and Defendants are being finalized and the parties are seeking final approval by the U.S. Government. The parties are reasonably confident that settlement finalization will be reached in the next 30 days. IT IS ORDERED that a telephonic status hearing with counsel is scheduled for 4:00 p.m. on September 13, 2018 in the chambers of the undersigned. If dismissal papers have been lodged with the court, the hearing will be automatically vacated. If a status hearing is required, counsel for Plaintiff shall initiate the telephone conference.It is further ordered that the stay pending final approval of the proposed settlement agreement is continued until Septemebr 13, 2018. (no image attached) (Copies have been distributed pursuant to the NEF - IH) |
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Filing 37
ORDER granting #33 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Stephen M. Doniger and approving Designation of Local Counsel Mathew K. Higbee. Signed by Chief Judge Gloria M. Navarro on 8/13/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MMM)
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| Filing 36 Joint STATUS REPORT by Plaintiff Gavin O Neill. (Higbee, Mathew) |
| Filing 35 NOTICE re: Offer of Judgment by Jennifer Acosta. (Kern, Robert) |
| Filing 34 RESPONSE to 32 Order to Show Cause by Plaintiff Gavin O Neill. (Attachments: #1 Proposed Order) (Higbee, Mathew) |
| Filing 33 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Stephen M. Doniger and DESIGNATION of Local Counsel Mathew K. Higbee (Filing fee $ 250 receipt number 0978-5184076) by Plaintiff Gavin O Neill. (Attachments: #1 Appendix Certificate of Good Standin) (Higbee, Mathew) |
| Filing 32 On June 22, 2018, the Court issued an #28 Order instructing the parties to file a Joint Status Report by July 22, 2018. To date, no Joint Status Report has been filed. Accordingly, IT IS HEREBY ORDERED that the parties Show Cause as to why they have failed to comply with the Court's deadline. The parties shall show cause no later than 4 p.m. on Wednesday, August 8, 2018. The filing of a Joint Status Report prior to this time will satisfy this Order to Show Cause. (Copies have been distributed pursuant to the NEF - CA) |
| Filing 31 CERTIFICATE of Interested Parties by Jennifer Acosta. There are no known interested parties other than those participating in the case (Kern, Robert) |
| Filing 30 ANSWER to #1 Complaint filed by Jennifer Acosta. Discovery Plan/Scheduling Order due by 9/1/2018.(Kern, Robert) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 29 NOTICE of Appearance by attorney Mathew K. Higbee on behalf of Plaintiff Gavin O Neill. (Higbee, Mathew) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 6/22/2018. This action was received on* 6/21/18* pursuant to a court order directing transfer from the* Central District of California* and assigned case number 2:18-cv-01116-GMN-GWF. All future documents must bear said correct case number. Joint Status Report due by 7/22/2018. Verified Petition due by 8/6/2018. (Copies have been distributed pursuant to the NEF - MMM) |
| Filing 27 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Stephen M. Doniger, Howard S. Han, Scott A. Burroughs to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 8/6/2018. (no image attached) (MMM) |
| Filing 26 Case transferred in from District of California Central; Case Number 2:18-cv-02096. Original file with documents numbered 1-26, a copy of transfer order and docket sheet received. (MMM) |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge George Foley, Jr. (MMM) |
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Filing 25
ORDER ON JOINT STIPULATION TO SET ASIDE DEFUALT AND TRANSFER ACTION #24 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED that the Default entered by this Court on April 24, 2018 against Defendant Jenpire Holdings LLC #13 be set aside. The Order to Show Cause Re Default Judgment, set for June 25, 2018, is VACATED and no appearances are required. IT IS FURTHER ORDERED that this action shall be transferred to the United States District Court for the District of Nevada, Lloyd D. George Federal Courthouse, Las Vegas, Nevada 89101, based on the written stipulation of the parties, and the representations regarding residency of the parties. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) [Transferred from California Central on 6/22/2018.]
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| Filing 24 STIPULATION to Transfer Case to United States District Court for the District of Nevada filed by Plaintiff Gavin O Neill. (Attachments: #1 Proposed Order ON JOINT STIPULATION TO SET ASIDE DEFUALT AND TRANSFER ACTION)(Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
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Filing 23
MINUTES (IN CHAMBERS) ORDER CONTINUING ORDER TO SHOW CAUSE HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, the Court continues the Order to Show Cause hearing to June 25, 2018 at 11:30 a.m. If a Motion for Default Judgment or dismissal is filed prior to this hearing, the hearing will be vacated, and the Order To Show Cause discharged. (iv) [Transferred from California Central on 6/22/2018.]
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| Filing 22 RESPONSE filed by Plaintiff Gavin O Neillto Show Cause Hearing - optional html form,, Set/Reset Hearing, #20 (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 21 Notice of Withdrawal of Motion for Default Judgment, #19 filed by Plaintiff Gavin O Neill. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 20 MINUTES OF ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT (Jenpire Holdings, LLC) held before Judge Michael W. Fitzgerald. The Court continues the Order to Show Cause hearing to June 11, 2018 at 11:30 a.m. If a Motion for Default Judgment is filed prior to this hearing, the hearing will be vacated, and the Order To Show Cause discharged. Court Reporter: Amy Diaz. (iv) [Transferred from California Central on 6/22/2018.] |
| Filing 19 APPLICATION for Default Judgment against Defendant Jenpire Holdings, LLC filed by Plaintiff Gavin O Neill. Application set for hearing on 7/2/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of O'Neill, #2 Exhibit 1 to Declaration of O'Neill, #3 Exhibit 2 to Declaration of O'Neill, #4 Proposed Order ON APPLICATION FOR DEFAULT JUDGMENT BY COURT) (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
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Filing 18
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiff is ordered to show cause, in writing, no later than June 8, 2018 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: Response to the Complaint by Defendant Jennifer Acosta or an applicationfor entry of default pursuant to Rule 55(a), Federal Rule of Civil Procedure. (et) [Transferred from California Central on 6/22/2018.]
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Filing 17
DISCHARGE OF ORDERS TO SHOW CAUSE by Judge Michael W. Fitzgerald: Plaintiff's counsel has filed satisfactory responses to the Orders to Show Cause Re Dismissal for Lack of Prosecution ( #10 and #14 only). The Court DISCHARGES those Orders to Show Cause. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY [Transferred from California Central on 6/22/2018.]
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| Filing 16 PROOF OF SERVICE Executed by Plaintiff Gavin O Neill, upon Defendant Jennifer Acosta served on 5/8/2018, answer due 5/29/2018. Service of the Summons and Complaint were executed upon Crystal Kay - Post Net Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 15 MINUTES (IN CHAMBERS) by Judge Michael W. Fitzgerald. In light of the Default By Clerk as to Jenpire Holdings, LLC entered on April 24, 2018, the Court sets a hearing for Order To Show Cause Re Default Judgment for June 4, 2018 at 11:30 a.m. If a Motion for Default Judgment is filed prior to this hearing, the hearing will be vacated, and the Order To Show Cause discharged. (iv) [Transferred from California Central on 6/22/2018.] |
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Filing 14
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiff is ordered to show cause, in writing, no later than May 25, 2018 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: Proof of service of summons and complaint on Defendant Jennifer Acosta. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv) [Transferred from California Central on 6/22/2018.]
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| Filing 13 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jenpire Holdings LLC. (iv) [Transferred from California Central on 6/22/2018.] |
| Filing 12 RESPONSE filed by Plaintiff Gavin O Neillto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #10 (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 11 REQUEST for Clerk to Enter Default against Defendant Jenpire Holdings LLC filed by Plaintiff Gavin O Neill. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
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Filing 10
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiff is ordered to show cause, in writing, no later than April 23, 2018 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: Proof of service of summons and complaint on Defendant Jennifer Acosta. Response to the Complaint by Defendant Jenpire Holdings LLC, or an application for entry of default pursuant to Rule 55(a), Federal Rule of Civil Procedure. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv) [Transferred from California Central on 6/22/2018.]
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| Filing 9 PROOF OF SERVICE Executed by Plaintiff Gavin O Neill, upon Defendant Jenpire Holdings LLC served on 3/20/2018, answer due 4/10/2018. Service of the Summons and Complaint were executed upon Spiegel & Utrera P.A. - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jennifer Acosta, Jenpire Holdings LLC. (et) [Transferred from California Central on 6/22/2018.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 6/22/2018.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Suzanne H. Segal. (et) [Transferred from California Central on 6/22/2018.] |
| Filing 5 CIVIL COVER SHEET filed by Plaintiff Gavin O'Neill. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Gavin O'Neill. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Gavin O'Neill. (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Gavin O'Neill, (Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
| Filing 1 COMPLAINT Receipt No: 0973-21404975 - Fee: $400, filed by Plaintiff Gavin O'Neill. (Attorney Stephen M Doniger added to party Gavin O'Neill(pty:pla))(Doniger, Stephen) [Transferred from California Central on 6/22/2018.] |
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