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 41 |
Filed: 2/25/2015, Entered: 2/25/2015 |
Default -Judgment |
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DEFAULT JUDGMENT in favor of Abigail Talley against Eric S. Chanson, Kevin C. Bollaert. Plaintiff's motion for default judgment is granted. The Clerk of Court enters default judgment totaling $900,000 as follows: 1. Judgment should be entered in favor of Plaintiff and against Kevin Bollaert for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Bollaert shall be severally liable for payment of this entire $450,000. 2. Judgment should be entered in favor of Plaintiff and against Eric Chanson for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Chanson shall be severally liable for payment of this entire $450,000. 3. A permanent injunction as to both Defendants: a. Enjoining them from using any photographs of Plaintiff; and b. Requiring them to destroy any and all copies of photographs of Plaintiff still in their possession.(All non-registered users served via U.S. Mail Service)(cxl) (Entered: 02/25/2015)
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| 40 |
Filed: 2/25/2015, Entered: 2/25/2015 |
Order on Motion for Default Judgment |
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ORDER Granting Motion for Default Judgment againt Defendants Eric Chanson and Kevin Bollaert (Doc. No. 36 ). Plaintiff's motion for default judgment is granted. The Clerk of Court is instructed to enter default judgment totaling $900,000 as follows: 1. Judgment should be entered in favor of Plaintiff and against Kevin Bollaert for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Bollaert shall be severally liable for payment of this entire $450,000. 2. Judgment should be entered in favor of Plaintiff and against Eric Chanson for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Chanson shall be severally liable for payment of this entire $450,000. 3. A permanent injunction as to both Defendants: a. Enjoining them from using any photographs of Plaintiff; and b. Requiring them to destroy any and all copies of photographs of Plaintiff still in their possession. It is further ordered that if Plaintiff wants to seek attorneys fees because the Court is not awarding the full amount of the default judgment requested in her motion, she shall file a motion to that effect on or before March 10, 2015. Signed by Judge Cathy Ann Bencivengo on 2/25/2015. (All non-registered users served via U.S. Mail Service)(cxl) (Entered: 02/25/2015)
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 39 |
Filed: 1/16/2015, Entered: None |
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MINUTE ORDER: The court VACATES the hearing on plaintiff's motion for default judgment (Doc.Nos. 36 , 38 ). If upon further review the court determines that oral argument is necessary, the court will notice a hearing. (All non-registered users served via U.S. Mail Service)(cxl) (Entered: 01/16/2015)
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 Request |
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| 38 |
Filed: 12/2/2014, Entered: None |
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Amended MOTION to Amend/Correct 36 MOTION for Default Judgment against Eric S. Chanson; and Kevin C. Bollaert by Abigail Talley. (Randazza, Marc) (cxl). (Entered: 12/02/2014)
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Request |
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| 37 |
Filed: 12/2/2014, Entered: None |
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MINUTE ORDER: On December 1, 2014, plaintiff filed a motion for default judgment (Doc. No. 36 ). In noticing the hearing for the motion, plaintiff misidentified the year. The hearing is scheduled for January 22, 2015, at 2:30 p.m., not for January 22, 2014. No later than Friday, December 5, 2014, plaintiff shall file a corrected notice and serve the corrected notice on defendants.(All non-registered users served via U.S. Mail Service)(cxl) (Entered: 12/02/2014)
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Request |
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| 36 |
Filed: 12/1/2014, Entered: None |
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MOTION for Default Judgment against Eric S. Chanson; and Kevin C. Bollaert by Abigail Talley. (Attachments: # 1 Exhibit)(Randazza, Marc)Attorney Marc J. Randazza added to party Abigail Talley(pty:pla) (cxl). (Entered: 12/01/2014)
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Request |
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| 35 |
Filed: 6/17/2014, Entered: None |
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Clerk's ENTRY OF DEFAULT as to Eric S. Chanson (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 06/17/2014)
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Request |
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| 34 |
Filed: 6/17/2014, Entered: None |
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ORDER granting 32 Motion for Entry of Default; granting 33 Motion to Dismiss Party. The court dismisses with prejudice all claims asserted against defendants Roy Chanson and Amy Chanson. Default is entered as to defendant Eric S. Chanson. Signed by Judge Cathy Ann Bencivengo on 06/17/2014. (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 06/17/2014)
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Request |
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| 33 |
Filed: 6/17/2014, Entered: None |
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Joint MOTION to Dismiss Party Re: Joint Stipulation for Dismissal With Prejudice As To Roy E. Chanson and Amy L. Chanson by Abigail Talley. (Harvey, Christopher) (yeb). (Entered: 06/17/2014)
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Request |
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| 32 |
Filed: 6/5/2014, Entered: None |
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MOTION for Entry of Default by Abigail Talley. (Attachments: # 1 Declaration of Christopher Harvey, # 2 Exhibit A)(Harvey, Christopher) (rlu). (Entered: 06/05/2014)
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Request |
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| 31 |
Filed: 5/7/2014, Entered: None |
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ORDER denying 5 Motion to Dismiss; denying 7 Motion to Dismiss; denying 14 Motion for Sanctions; denying 30 Motion to Supplement. It is so ordered Defendant Eric Chansons motion to dismiss [Doc. No. 5 ] is denied, as is themotion to dismiss for lack of personal jurisdiction of Amy Chanson and Roy Chanson. [Doc. No. 7 .] In addition, Amy and Roy Chansons motion for Rule 11 sanctions is denied. [Doc. No. 14 .] Finally, because the court has denied Eric Chansons motion]to dismiss, plaintiffs motion to supplement her opposition to that motion [Doc. No. 30 ] is denied as moot. Signed by Judge Cathy Ann Bencivengo on 05/07/2014. (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 05/07/2014)
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| 30 |
Filed: 12/11/2013, Entered: 12/11/2013 |
Motion to Supplement |
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MOTION to Supplement Plaintiff's Opposition to Defendant Eric Chanson's Motion to Dismiss by Abigail Talley. (Attachments: # 1 Declaration of Christopher Harvey, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Harvey, Christopher) (yeb). (Entered: 12/11/2013)
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| 29 |
Filed: 11/15/2013, Entered: 11/15/2013 |
Surreply |
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SUR-REPLY - re 16 Response in Opposition to Motion, 17 Response in Opposition to Motion, 18 Response in Opposition to Motion, filed by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 11/12/2013. (yeb) (Entered: 11/15/2013)
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| 28 |
Filed: 11/15/2013, Entered: 11/15/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Surreply to Plaintiffs Opposition to Motion to Dismiss and Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 11/15/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 11/15/2013)
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Request |
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| 27 |
Filed: 11/15/2013, Entered: 11/15/2013 |
Clerks Entry of Default* |
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Clerk's ENTRY OF DEFAULT as to Kevin C. Bollaert. (All non-registered users served via U.S. Mail Service)(yeb) (jrl). (Entered: 11/15/2013)
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| 26 |
Filed: 11/14/2013, Entered: 11/14/2013 |
Motion for Entry of Default |
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REQUEST FOR ENTRY OF CLERK Entry of Default by Abigail Talley. (Attachments: # 1 Declaration of Christopher Harvey, # 2 Exhibit A, # 3 Exhibit B)(Harvey, Christopher) (yeb). QC Mailer sent for wrong event used. (Entered: 11/14/2013)
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Request |
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| 25 |
Filed: 11/12/2013, Entered: 11/12/2013 |
Order |
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MINUTE ORDER: The motions to dismiss of defendants Roy E. Chanson, Amy L. Chanson, and Eric S. Chanson [Doc. Nos. 5 , 7 ] are currently scheduled for hearing on Friday, November 15, 2013, at 3:00 p.m. Also scheduled for hearing at that time is Roy Chanson and Amy Chansons motion for sanctions. [Doc. No. 14 .] The court finds these motions suitable for submission without oral argument. See CivLR 7.1(d)(1). Accordingly, the court vacates the hearing on these motions.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 11/12/2013)
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Request |
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| 24 |
Filed: 11/4/2013, Entered: 11/4/2013 |
Order on Motion for Leave to Appear |
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ORDER granting 23 Motion for Leave to Appear Telephonic at the Hearing scheduled for November 15, 2013 [Doc. No. 23 ]. Defendants Roy E. Chansonand Amy L. Chanson may appear telephonically at the November 15, 2013 hearing. Signed by Judge Cathy Ann Bencivengo on 11/4/2013. (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 11/04/2013)
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Request |
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| 23 |
Filed: 11/4/2013, Entered: 11/4/2013 |
Motion for Leave to Appear |
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Ex Parte MOTION for Leave to Appear Telephonic at the November 15, 2013 hearing by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 10/31/2013. (yeb) (Entered: 11/04/2013)
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Request |
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| 22 |
Filed: 11/4/2013, Entered: 11/4/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Ex Parte Application for Telephonic Appearance from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 11/1/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 11/04/2013)
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Request |
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| 21 |
Filed: 10/30/2013, Entered: 10/30/2013 |
~Notice (other) |
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NOTICE re 14 MOTION for Sanctions by Amy L. Chanson, Roy E. Chanson (All non-registered users served via U.S. Mail Service)(yeb) Nunc pro tunc 10/25/2013. (Entered: 10/30/2013)
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| 20 |
Filed: 10/30/2013, Entered: 10/30/2013 |
~Notice (other) |
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NOTICE re 7 MOTION to Dismiss by Amy L. Chanson, Roy E. Chanson (All non-registered users served via U.S. Mail Service)(yeb) Nunc pro tunc 10/25/2013. (Entered: 10/30/2013)
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Request |
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| 19 |
Filed: 10/30/2013, Entered: 10/30/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Amended Motion to Dismiss and Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 10/29/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 10/30/2013)
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Request |
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| 18 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Response in Opposition to Motion |
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RESPONSE in Opposition re 14 MOTION for Sanctions filed by Abigail Talley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration of Ronald D. Green, # 6 Declaration of Marc J. Randazza, # 7 Exhibit 1 to Green Declaration, # 8 Exhibit 2 to Green Declaration, # 9 Exhibit 3 to Green Declaration, # 10 Exhibit 4 to Randazza Declaration)(Harvey, Christopher) (yeb). (Entered: 10/29/2013)
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Request |
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| 17 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Response in Opposition to Motion |
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RESPONSE in Opposition re 7 MOTION to Dismiss filed by Abigail Talley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Declaration of Ronald D. Green, # 5 Exhibit 1 to Green Declaration, # 6 Exhibit 2 to Green Declaration, # 7 Exhibit 3 to Green Declaration)(Harvey, Christopher) (yeb). (Entered: 10/29/2013)
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Request |
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| 16 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Response in Opposition to Motion |
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RESPONSE in Opposition re 5 MOTION to Dismiss filed by Abigail Talley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Harvey, Christopher) (yeb). (Entered: 10/29/2013)
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Request |
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| 15 |
Filed: 10/17/2013, Entered: 10/17/2013 |
Order |
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MINUTE ORDER: Defendants Amy L. Chanson and Roy E. Chanson have filed a Motion for Sanctions Pursuant to Rule 11, filed nunc pro tunc to September 27, 2013. [Doc. No. 14 .] The court schedules this motion for hearing on Friday, November 15, 2013, at 3:00 p.m., the time already set for hearing on the two pending motions to dismiss. [Doc. No. 5 , 7 .] Defendants are cautioned that the court may strike any future motion if defendants fail to obtain a hearing date from Judge Bencivengos law clerk before filing the motion.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 10/17/2013)
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Request |
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| 14 |
Filed: 10/2/2013, Entered: 10/2/2013 |
Motion for Sanctions |
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MOTION for Sanctions by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 09/27/2013. (yeb) (Entered: 10/02/2013)
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Request |
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| 13 |
Filed: 10/2/2013, Entered: 10/2/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion for Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 10/1/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 10/02/2013)
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Request |
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| 12 |
Filed: 9/24/2013, Entered: 9/24/2013 |
Order on Motion for Extension of Time to File |
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ORDER Granting 11 Motion for Extension of Time to File. Plaintiff shall have up to and including October 5, 2013, to complete service on all defendants. Signed by Judge Cathy Ann Bencivengo on 9/24/2013. (All non-registered users served via U.S. Mail Service)(yeb)(jrd) (Entered: 09/24/2013)
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Request |
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| 11 |
Filed: 9/23/2013, Entered: 9/23/2013 |
Motion for Extension of Time |
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MOTION for Extension of Time to File to serve Defendant Kevin Bollaert and Defendant Blue Mist Media, LLC by Abigail Talley. (Attachments: # 1 Declaration of Christopher A. Harvey, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Harvey, Christopher) (yeb). (Entered: 09/23/2013)
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Request |
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| 10 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Summons Returned Executed |
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SUMMONS Returned Executed by Abigail Talley. Kevin C. Bollaert served. (Harvey, Christopher) (yeb). (Entered: 09/18/2013)
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| 9 |
Filed: 9/11/2013, Entered: 9/12/2013 |
Order |
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MINUTE ORDER: The court is in receipt of the motions to dismiss of defendants Amy L. Chanson and Roy E. Chanson [Doc. No. 7 ] and of defendant Eric S. Chanson [Doc. No. 5 .] Moving defendants failed to obtain a hearing date from the court. Accordingly, the court schedules a hearing on these motions for Friday, November 15, 2013 at 3:00 p.m., in Courtroom 4C.(All non-registered users served via U.S. Mail Service)(yeb)(jrd) (Entered: 09/12/2013)
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Request |
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| 8 |
Filed: 9/11/2013, Entered: 9/11/2013 |
Notice of Change of Address |
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NOTICE of Change of Address by Christopher A. Harvey (Harvey, Christopher) (yeb). (Entered: 09/11/2013)
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| 7 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Motion to Dismiss |
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MOTION to Dismiss Complaint by Amy L. Chanson, Roy E. Chanson. (Attachments: # 1 Declaration of Amy L. Chanson, # 2 Declaration of Roy Chanson) Nunc Pro Tunc 9/3/2013(yeb) (Attachment 2 replaced on 9/10/2013) (yeb). (Entered: 09/10/2013)
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Request |
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| 6 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion to Dismiss Complaint from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 09/9/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 09/10/2013)
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Request |
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| 5 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Motion to Dismiss |
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MOTION to Dismiss by Eric S. Chanson. (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) Nunc Pro Tunc 09/03/2013(yeb) (Entered: 09/10/2013)
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| 4 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Notice of Document Discrepancies (Yellow Discrepancy) |
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Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion to Dismiss Complaint from Eric S. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Improper format. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 09/09/2013.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 09/10/2013)
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| 3 |
Filed: 8/27/2013, Entered: 8/27/2013 |
Summons Returned Executed |
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SUMMONS Returned Executed by Abigail Talley. Amy L. Chanson, Eric S. Chanson, Roy E. Chanson served. (Harvey, Christopher) (yeb). (Entered: 08/27/2013)
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| 2 |
Filed: 5/28/2013, Entered: 5/28/2013 |
Summons Issued |
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Request |
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| 1 |
Filed: 5/28/2013, Entered: 5/28/2013 |
Complaint |
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