Lander's AAA Landscaping et al v. Phan et al
| Lander's AAA Landscaping, ShineBright Automotive LLC, Alander Leveen Jacob, Sr. and Darrell Ashler |
| Van Cong Phan and Michael Phan |
| 3:2022cv00210 |
| February 9, 2022 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER - The Court DENIES Plaintiffs' motion to correct the record, which the Court construes as a motion for reconsideration under Rule 60 of the Federal Rules of Civil Procedure, and to recuse the undersigned judge. ECF #16 . As stated in previous orders by the Court, Plaintiffs have until April 15, 2022 to file a proper amended complaint in this case. If no amended complaint is filed by April 15, 2022, the Court will enter a judgment dismissing this action without prejudice. Signed on 4/6/2022 by Judge Michael H. Simon. (Deposited in outgoing mail and emailed to pro se party on on 4/6/2022.) (mja)
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| Filing 16 Motion to Correct the Record Pursuant to Rule 59(e) and Motion to Disqualify and Recuse Pursuant to 28 USC 455. Filed by Alander Leveen Jacob, Sr. (ecp) |
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Filing 15
ORDER - The Court DENIES Plaintiffs' motions for default judgment (ECF #8 , #11 ). There currently is no active complaint in this case because the Court dismissed the Complaint. No summonses have been issued by the Clerk of the Court and no Defendant has been served with process. Thus, no Defendant is in default. Plaintiffs misunderstand the Court's Orders of February 10, March 1, and March 21, 2022-those were directed solely to Plaintiffs and not directed to Defendants. Defendants were not required to respond to the Court's Orders, which clarified the standard required for Plaintiffs to adequately plead a viable claim in federal court and were unrelated to Defendants' obligations to respond to any such complaint. Further, Defendants have not yet been served with process and thus have not yet been officially notified of this lawsuit. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 3/29/2022.) (mja)
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| Filing 14 Proposed Form of Order Submitted for Entry of Default. Filed by Alander Leveen Jacob, Sr. (ecp) |
| Filing 13 Certificate of Service by Alander Leveen Jacob, Sr of Affidavit in Support of Motion #12 , Motion for Default Judgment #11 Filed by Alander Leveen Jacob, Sr. (ecp) |
| Filing 12 Affidavit in Support of Motion. Filed by Alander Leveen Jacob, Sr. (Related document(s): Motion for default judgment #11 .) (ecp) |
| Filing 11 Motion for Default Judgment. Filed by Alander Leveen Jacob, Sr. (ecp) |
| Filing 10 Certificate of Service by Alander Leveen Jacob, Sr of Motion for Entry of DefaultMotion for Default Judgment #8 , Affidavit in Support of Motion #9 Filed by Alander Leveen Jacob, Sr. (ecp) |
| Filing 9 Affidavit in Support of Motion. Filed by Alander Leveen Jacob, Sr. (Related document(s): Motion for default, Motion for default judgment #8 .) (ecp) |
| Filing 8 Motion for Entry of Default for Default Judgment. Filed by Alander Leveen Jacob, Sr. (ecp) |
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Filing 7
ORDER - The Court DENIES Plaintiffs' motion (ECF #6 ) to cure the defects in the current complaint. Currently, there is no complaint in this action because it has been dismissed. The Court extends until April 15, 2022, the deadline for the Individual Plaintiffs to file a new, amended complaint, if the Individual Defendants believe that they can properly allege claims asserting a violation of federal law. If no amended complaint is filed by April 15, 2022, the Court will enter a judgment dismissing this case without prejudice. Signed on 3/21/2022 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 3/21/2022.) (mja)
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| Filing 6 Motion to Cure Defect That Remove Statue 42 USC 1983 From the Original Civil Rights Application, and Any Other Pending Motions 42 USC 1983 May Have Been Cited Should be Removed. Filed by Alander Leveen Jacob, Sr. (ecp) |
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Filing 5
ORDER - On February 9, 2022, Plaintiffs, which are two limited liability corporations, filed this suit purporting to represent themselves, alleging fraud. The Court dismissed the complaint for lack of subject matter jurisdiction because Plaintiffs did not allege diversity or federal question jurisdiction. ECF #3 . The Court also explained that the business entities may not represent themselves in federal court. Alander Leveen Jacob, Sr., and Darrel Ashler (the Individual Plaintiffs) have moved for leave to amend the Complaint. ECF #4 . They request leave to bring suit in their own names as individual plaintiffs, instead of the business entities, so that they may represent themselves in federal court. They also state that they are filing claims under 42 U.S.C. 1983, thus providing the Court with subject matter jurisdiction. Section 1983, however, allows a plaintiff to bring suit against a person acting under the color of state law, not in a purely private capacity. Plaintiffs do not allege any facts showing that Defendants qualify as state actors, instead of private actors. Further, Section 1983 only allows a plaintiff to bring suit for violation of the U.S. Constitution or other federal law. The Complaint, however, does not allege facts showing any violation of federal law. The Complaint merely alleges that Defendants engaged in fraud by leasing business premises to Plaintiffs knowing that the premises was not fit for use. These are claims assert violations of state law. Accordingly, the Individual Plaintiffs may file an amended complaint bringing suit in their own names. The Individual Plaintiffs, however, still must identify a federal law or provision of the U.S. Constitution under which they bring suit and allege facts supporting a claim under that federal authority to bring a case in this Court instead of state court. The Individual Defendants may file an amended complaint by March 15, 2022, if they believe they can cure the defects identified in this Order. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 3/1/2022.) (mja)
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| Filing 4 Motion to Amend the Original Civil Rights Application. Filed by Alander Leveen Jacob, Sr. (joha) |
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Filing 3
ORDER - The Complaint fails to allege a basis of the Court's jurisdiction. Further, Plaintiffs, as corporate entities, may not represent themselves in federal court. Accordingly, the Court dismisses the Complaint without prejudice. If Plaintiffs believe that they can cure the defects identified in this Order, and obtain counsel to represent them, they may file an Amended Complaint on or before March 11, 2022. If no Amended Complaint is filed by counsel for Plaintiffs by that date, the Court will enter a judgment dismissing this case without prejudice. Signed on 2/10/2022 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 2/10/2022.) (mja)
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Filing 2
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/9/2022. Joint Alternate Dispute Resolution Report is due by 7/11/2022. Pretrial Order is due by 7/11/2022. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 2/9/2022.) (ecp)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Receipt No. 96818. Jury Trial Requested: Yes. Filed by Lander's AAA Landscaping against All Defendants (Attachments: #1 Civil Cover Sheet). (ecp) |
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