| Date Filed | # | Docket Text |
|---|
| 06/03/2021 | 1 | COMPLAINT Receipt No: ACACDC-31404276 – Fee: $402, filed by Plaintiff Elliot McGucken. (Attorney Scott A. Burroughs added to party Elliot McGucken(pty:pla))(Burroughs, Scott) (Entered: 06/03/2021) |
| 06/03/2021 | 2 | CIVIL COVER SHEET filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021) |
| 06/03/2021 | 3 | NOTICE of Interested Parties filed by Plaintiff Elliot McGucken, identifying KANTOR GALLERY. KENNY SCHACHTER, ART.SY, INC. (Burroughs, Scott) (Entered: 06/03/2021) |
| 06/03/2021 | 4 | REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021) |
| 06/03/2021 | 5 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021) |
| 06/04/2021 | 6 | NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen L. Stevenson. (Attachments: # 1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) (Entered: 06/04/2021) |
| 06/04/2021 | 7 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants ART.SY, Inc., Kantor Gallery, Kenny Schachter. (ghap) (Entered: 06/04/2021) |
| 06/15/2021 | 8 | REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) (Entered: 06/15/2021) |
| 06/22/2021 | 9 | PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant ART.SY, Inc. served on 6/14/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Robin Banks\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 06/22/2021) |
| 07/26/2021 | 10 | NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen L. Stevenson to Judge Dolly M. Gee for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alka Sagar. The case number will now reflect the initials of the transferee Judges 2:21-cv-04593-DMG-ASx. (aco) (Entered: 07/26/2021) |
| 07/26/2021 | 11 | MINUTES OF IN CHAMBERS – REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 12-02 filed on 7/26/2021. The case number will now read CV 21-4593-DMG (ASx). Additional information about Judge Gee’s procedures and schedules is available on the court’s website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 07/27/2021) |
| 07/27/2021 | 12 | INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 07/27/2021) |
| 08/17/2021 | 13 | MINUTE ORDER IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. In the present case, it appears that one or more of these time periods has not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before August 24, 2021 why this action should not be dismissed as to defendant ART.SY, Inc. for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): ART.SY, Inc.; Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. (lom) (Entered: 08/18/2021) |
| 08/23/2021 | 14 | REQUEST for Entry of Default against Defendant ART.SY, Inc. filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 08/23/2021) |
| 08/25/2021 | 15 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to ART.SY, Inc., a Delaware Corporation. (gk) (Entered: 08/25/2021) |
| 08/25/2021 | 16 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee. On August 25, 2021, the clerk entered default as to Defendant ART.SY, Inc. 15 . The Order to Show Cause dated August 17, 2021 13 is hereby discharged. Plaintiff shall move for default judgment within 30 days after a final disposition of the pending claims against all remaining Defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 08/25/2021) |
| 08/30/2021 | 17 | PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Kantor Gallery served on 6/11/2021, answer due 7/2/2021. Service of the Summons and Complaint were executed upon Niels Kantor – Authorized Agent for Service of Process in c/o Andres Midence – Manager, Authorized to Accept 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. (Burroughs, Scott) (Entered: 08/30/2021) |
| 09/02/2021 | 18 | REQUEST for Clerk to Enter Default against Defendant Kantor Gallery filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 09/02/2021) |
| 09/02/2021 | 19 | MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: Tthe Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 9/10/2021 why this action should not be dismissed as to defendant Kantor Gallery for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): Kantor Gallery; or, Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant Kantor Gallery if the above-mentioned document(s) are not filed by the date indicated above. Court Reporter: Not Reported. (gk) (Entered: 09/03/2021) |
| 09/03/2021 | 20 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kantor Gallery, a California Art Gallery. (gk) (Entered: 09/03/2021) |
| 09/07/2021 | 21 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee. On September 3, 2021, the clerk entered default as to Defendant Kantor Gallery 20 . The Order to Show Cause dated September 2, 2021 19 is hereby discharged. Plaintiff shall move for default judgment within 30 days after a final disposition of the pending claims against all remaining Defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 09/07/2021) |
| 09/07/2021 | 22 | MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 9/15/2021 why this action should not be dismissed as to Kenny Schachter for lack of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to Kenny Schachter if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk) (Entered: 09/08/2021) |
| 09/15/2021 | 23 | RESPONSE filed by Plaintiff Elliot McGucken to Order to Show Cause (Docket 22) (Burroughs, Scott) (Entered: 09/15/2021) |
| 09/16/2021 | 24 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 23 , the Court hereby extends the Order to Show Cause deadline to October 18, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 09/16/2021) |
| 10/18/2021 | 25 | RESPONSE filed by Plaintiff Elliot McGuckento Text Only Scheduling Notice, 24 (Burroughs, Scott) (Entered: 10/18/2021) |
| 10/19/2021 | 26 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 25 , the Court hereby extends the Order to Show Cause deadline to December 2, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 10/19/2021) |
| 12/01/2021 | 27 | RESPONSE filed by Plaintiff Elliot McGuckento Text Only Scheduling Notice, 26 (Burroughs, Scott) (Entered: 12/01/2021) |
| 12/02/2021 | 28 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 27 , the Court hereby extends the Order to Show Cause deadline to December 16, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 12/02/2021) |
| 12/16/2021 | 29 | NOTICE OF MOTION AND MOTION to ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT filed by Plaintiff Elliot McGucken. Motion set for hearing on 1/14/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Burroughs, Scott) (Entered: 12/16/2021) |
| 12/16/2021 | 30 | CERTIFICATE OF SERVICE filed by Plaintiff Elliot McGucken, re NOTICE OF MOTION AND MOTION to ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT 29 served on December 16, 2021. (Burroughs, Scott) (Entered: 12/16/2021) |
| 01/12/2022 | 31 | (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff’s Motion to Allow Alternate Means of Service on Defendant Kenny Schachter and to Extend the Time in Which to Serve Defendant 29 presently scheduled for hearing on January 14, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/12/2022) |
| 06/09/2022 | 32 | ORDER ON MOTION TO ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT by Judge Dolly M. Gee: ORDERED that Plaintiff’s Motion to allow alternate means of service and to extend the time in which to serve Defendant Kenny Schachter 29 is granted. Plaintiff’s deadline to effect service of process under Fed. R. Civ. P. 4(m) is hereby extended to 6/17/2022. Plaintiff may serve the Summons, operative Complaint, and a copy of this Order upon Defendant Kenny Schachter by electronic means, specifically by transmitting said documents to the following email addresses: (a) roveprojects@gmail.com; (b) schachter@mindspring.com; and (c) k@roveprojects.com. Service of process shall be deemed proper and complete upon a successful transmittal of legal process to the above electronic addresses belonging to Defendant. (gk) (Entered: 06/09/2022) |
| 06/09/2022 | 33 | PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Kenny Schachter served on 6/9/2022, answer due 6/30/2022. in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Burroughs, Scott) (Entered: 06/09/2022) |
| 06/21/2022 | 34 | ORDER OF THE CHIEF JUDGE (#22-109) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Sykes, Sunshine Suzanne, this case is transferred from Judge Dolly M. Gee to the calendar of Judge Sunshine Suzanne Sykes for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04593-SSS-ASx. (et) (Entered: 06/22/2022) |
| 06/24/2022 | 35 | REASSIGNMENT ORDER by Judge Sunshine Suzanne Sykes: Please refer to Order for complete details., (iva) (Entered: 06/24/2022) |
| 06/27/2022 | 36 | STATEMENT of Case Management filed by Plaintiff Elliot McGucken (Burroughs, Scott) (Entered: 06/27/2022) |
| 07/20/2022 | 37 | MINUTE (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes: The Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before August 3, 2022, why this action should not be dismissed, with respect to each Defendant who has not filed an answer or otherwise responded to the complaint. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a request for the entry of default with respect to the applicable Defendant(s). Fed. R. Civ. Proc. 55(a). IT IS SO ORDERED. (shb) (Entered: 07/20/2022) |
| 07/25/2022 | 38 | REQUEST for Clerk to Enter Default against Defendant Kenny Schachter filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 07/25/2022) |
| 07/26/2022 | 39 | [7/26/2022 – REFER TO NOTICE OF CLERICAL ERROR, 39 – DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kantor Gallery a California Art Gallery (shb) Modified on 7/26/2022 (shb). (Entered: 07/26/2022) |
| 07/26/2022 | 40 | NOTICE OF CLERICAL ERROR: Due to clerical error Re: Clerks Entry of Default (CV-37) – optional html form 39 . Default was entered against Defendant Kantor Gallery, a California Art Gallery in error. The defendant has been removed from default and the correct party will have default entered against them. (shb) (Entered: 07/26/2022) |
| 07/26/2022 | 41 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kenny Schachter an individual (shb) (Entered: 07/26/2022) |
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