Sidney Rand v. Smith and Nephew, Inc.
| California Central District Court | |
| Judge: | R Gary Klausner |
| Referred: | Rozella A Oliver |
| Case #: | 2:16-cv-09383 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Dec 20, 2016 |
| Terminated: | Apr 10, 2017 |
| Last checked: Sunday Jun 18, 2017 1:57 AM PDT |
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Defendant
Smith and Nephew, Inc.
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Represented By
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Plaintiff
Sidney Rand
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Represented By
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| Docket last updated: 12/19/2024 11:59 PM PST |
| Tuesday, April 11, 2017 | ||
| 42 | 42
misc
Receipt of Case by Other District (Electronic Case Transfer)
Wed 04/12 8:34 AM
TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from District of Maryland, 1:17-cv-00930 filed 4/10/2017. (lom) |
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| Monday, April 10, 2017 | ||
| 41 | 41
transfer
Transmittal Letter - Civil or MDL Case Transfer Out (CV-22) - optional html form
Mon 04/10 11:24 AM
Transfer Out Transmittal Letter sent to USDC District of Maryland at Baltimore. (bp) |
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| 40 | 40
order
Transferring MDL Case per JPML Order
Mon 04/10 11:20 AM
Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2775, transferring case to USDC, District of Maryland and assigned to Honorable Catherine C. Blake. Case transferred electronically. (MD JS-6. Case Terminated.) (bp) |
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| Wednesday, April 05, 2017 | ||
| 39 | 39
order
Dismiss Case Stay Case
Wed 04/05 1:38 PM
MINUTES (IN CHAMBERS) ORDER RE MOTION TO STAY PROCEEDINGS20 AND MOTION TO DISMISS17 by Judge R. Gary Klausner. The Court DENIES Rand' Motion to Stay, and PARTIALLY GRANTS S&N's Motion to Dismiss. Rand may file a First Amended Complaint within 14 days of this Order to reassert his claims to the extent that they are dismissed without prejudice. REFER TO THE COURT'S ORDER FOR DETAILS. (pso) |
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| Wednesday, March 22, 2017 | ||
| 38 | 38
order
Response By Court to Notice of Deficiencies (G-112B)
Wed 03/22 3:24 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,,32 by Judge R. Gary Klausner. The document is stricken. The applicant must furnish the Court with Certificates of Good Standing in all Court. See Local Rule 83-2.1.3.3. (ah) |
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| 37 | 37
testxtonly
Text Only Scheduling Notice
Wed 03/22 2:55 PM
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Dismiss Case17 ; and Plaintiff's Motion to Stay Case Pending Ruling on MDL Transfer20 , calendared for hearing on March 27, 2017, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) |
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| 36 | 36
order
Order
Wed 03/22 1:45 PM
ORDER GRANTING Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice by Judge R. Gary Klausner29 . David W. O'Quinn may appear Pro Hac Vice on behalf of Defendant Smith & Nephew, Inc. John W. Shaw is designated as local counsel. (pso) |
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| 35 | 35
order
Order ~Util - Set/Reset Deadlines/Hearings
Wed 03/22 11:08 AM
ORDER GRANTING JOINT STIPULATION OF THE PARTIES AND RESCHEDULING HEARING ON PLAINTIFF'S MOTION TO STAY by Judge R. Gary Klausner. Upon stipulation of the parties, Plaintiff, Sidney Rand, and Defendant, Smith & Nephew, Inc., to reschedule the hearing on Plaintiff's Motion to Stay (Dkt. 20) for March 27, 2017 at 9:00 a.m., the stipulation is GRANTED. It is hereby ORDERED that the hearing on Plaintiff's Motion to Stay scheduled for April 3, 2017, is hereby rescheduled for March 27, 2017 at 9:00 a.m., and Plaintiff will file his Reply to Defendant's Opposition to Plaintiff's Motion to Stay (Dkt. 24) no later than Friday, March 17, 2017.20 24 (pso) |
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| 34 | 34
order
Striking Electronically Filed Documents (G-106)
Wed 03/22 9:32 AM
ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney David W. O'Quinn to Appear Pro Hac Vice on behalf of Defendant Smith and Nephew, Inc. (Pro Hac Vice Fee - $325 Previously Paid on 3/21/2017, Receipt No. 0973-19549728)33 , for the following reasons: Duplicative of document filed at docket entry 29. (ah) |
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| Tuesday, March 21, 2017 | ||
| 33 | 33
motion
Appear Pro Hac Vice (G-64)
Tue 03/21 3:41 PM
APPLICATION of Non-Resident Attorney David W. O'Quinn to Appear Pro Hac Vice on behalf of Defendant Smith and Nephew, Inc. (Pro Hac Vice Fee - $325 Previously Paid on 3/21/2017, Receipt No. 0973-19549728) filed by Defendant Smith and Nephew, Inc.. (Shaw, John) |
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Att: 1
Proposed Order
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| 32 | 32
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 03/21 3:38 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jasper D. Ward to Appear Pro Hac Vice on behalf of Plaintiff Sidney Rand (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19550853)30 . The following error(s) was/were found: Hearing date set, but no hearing required. Superseded version of Form G-64 used. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) |
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| 31 | 31
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 03/21 3:35 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application. The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Superseded version of Form G-64 used.29 (lt) |
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| 30 | 30
motion
Appear Pro Hac Vice (G-64)
Tue 03/21 2:38 PM
APPLICATION of Non-Resident Attorney Jasper D. Ward to Appear Pro Hac Vice on behalf of Plaintiff Sidney Rand (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19550853) filed by Plaintiff Sidney Rand. Application set for hearing on 4/24/2017 a t 09:00 AM before Judge R. Gary Klausner. (Diab, Ahmed) |
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Att: 1
Exhibit 1,
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Att: 2
Proposed Order
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| 29 | 29
misc
Miscellaneous Document
Tue 03/21 12:55 PM
Application for Non-Resident Atty to Appear Pro Hac Vice filed by Defendant Smith and Nephew, Inc.(Shaw, John) |
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Att: 1
Proposed Order
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attorney
Pay Filing Fee
Tue 03/21 1:02 PM
PHV FEE PAID for Non-Resident Attorney David W. O'Quinn Application to Appear Pro Hac Vice. Receipt No. 0973-19549728 for $325 pro hac vice fee. (Shaw, John) |
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| Wednesday, March 15, 2017 | ||
| 28 | 28
order
Initial Order Setting R26 Scheduling Conference - form only
Wed 03/15 10:13 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for June 26, 2017 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiffs counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. (pso) |
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| 27 | 27
respm
Reply (Motion related)
Wed 03/15 5:57 AM
REPLY Support NOTICE OF MOTION AND MOTION to Stay Case pending JPML Ruling on MDL Transfer 20 filed by Plaintiff Sidney Rand. (Davis, Alex) |
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| 26 | 26
stip
Hearing
Wed 03/15 5:51 AM
Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Stay Case pending JPML Ruling on MDL Transfer 20 filed by Plaintiff Sidney Rand.(Davis, Alex) |
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Att: 1
Proposed Order
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| Monday, March 13, 2017 | ||
| 25 | 25
respm
Reply (Motion related)
Mon 03/13 2:22 PM
REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case 17 filed by Defendant Smith and Nephew, Inc..(Georgantopoulos, Litsa) |
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Att: 1
Declaration of Litsa Georgantopoulos and Exhibits A-B in support of Defendant Smith & Nephew, Inc.'s Reply in support of Motion to Dismiss
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| Thursday, March 09, 2017 | ||
| 24 | 24
respm
Objection/Opposition (Motion related)
Thu 03/09 11:25 AM
Opposition Opposition to Plaintiff's Motion to Stay re: NOTICE OF MOTION AND MOTION to Stay Case pending JPML Ruling on MDL Transfer 20 filed by Defendant Smith and Nephew, Inc..(Shaw, John) |
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Att: 1
Declaration of John W. Shaw,
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Att: 2
Exhibit A to Dec of John W. Shaw
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| 23 | 23
order
Order
Thu 03/09 9:35 AM
ORDER GRANTING JOINT STIPULATION OF THE PARTIES REGARDING PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS by Judge R. Gary Klausner: Upon stipulation of the parties, Plaintiff Sidney Rand and Defendant Smith & Nephew, Inc., to allow Plaintiff until March 8, 2017, to respond to Defendant's Motion to Dismiss, the stipulation is GRANTED. It is hereby ORDERED that Plaintiff shall have up to and including March 8, 2017, to respond to the Motion to Dismiss, and Defendant will file its Reply brief no later than March 13, 2017. (cr) |
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| Wednesday, March 08, 2017 | ||
| 22 | 22
respm
Memorandum in Opposition to Motion
Wed 03/08 1:58 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 17 filed by Plaintiff Sidney Rand.(Davis, Alex) |
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Att: 1
Memorandum,
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Att: 2
Exhibit
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| Monday, March 06, 2017 | ||
| 21 | 21
stip
Extension of Time to File Response/Reply
Mon 03/06 4:44 PM
Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss Case 17 filed by Plaintiff Sidney Rand.(Diab, Ahmed) |
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Att: 1
Proposed Order
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| Monday, February 27, 2017 | ||
| 20 | 20
motion
Stay Case
Mon 02/27 6:49 PM
NOTICE OF MOTION AND MOTION to Stay Case pending JPML Ruling on MDL Transfer filed by Plaintiff Sidney Rand. Motion set for hearing on 4/3/2017 at 09:00 AM before Judge R. Gary Klausner. (Diab, Ahmed) |
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Att: 1
Declaration of Ahmed S. Diab,
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Att: 2
Exhibit A - Notice of Hearing,
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Att: 3
Exhibit B - Brief in Support of Mtn for Transfer,
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Att: 4
Exhibit C - Order Granting Mtn to Stay,
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Att: 5
Proposed Order,
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Att: 6
Certificate of Service
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| Friday, February 24, 2017 | ||
| 19 | 19
notice
Certificate/Notice of Interested Parties
Fri 02/24 5:00 PM
NOTICE of Interested Parties filed by Defendant Smith and Nephew, Inc., identifying Smith & Nephew, Inc., Sidney Rand. (Shaw, John) |
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| 18 | 18
notice
Deficiency in Electronically Filed Documents (G-112A)
Fri 02/24 4:36 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case 17 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) |
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| Wednesday, February 22, 2017 | ||
| 17 | 17
motion
Dismiss Case
Wed 02/22 3:06 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Smith and Nephew, Inc.. Motion set for hearing on 3/27/2017 at 09:00 AM before Judge R. Gary Klausner. (Shaw, John) |
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Att: 1
Declaration of John W. Shaw,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Proposed Order
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| Friday, January 13, 2017 | ||
| 16 | 16
stip
Extending Time to Answer (30 days or less)
Fri 01/13 1:48 PM
STIPULATION Extending Time to Answer the complaint as to Smith and Nephew, Inc. answer now due 2/24/2017, re Complaint (Attorney Civil Case Opening)1 filed by Defendant Smith and Nephew, Inc..(Attorney John W Shaw added to party Smith and Nephew, Inc. (pty:dft))(Shaw, John) |
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| Thursday, January 05, 2017 | ||
| 15 | 15
order
Appear Pro Hac Vice
Fri 01/06 9:19 AM
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: Granting13 Non-Resident Attorney Alex C. Davis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sidney Rand, designating Ahmed S. Diab as local counsel. (ah) |
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| 14 | 14
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Thu 01/05 5:04 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Alexander Cubberly Davis to Appear Pro Hac Vice on behalf of Plaintiff Sidney Rand (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19132344)13 . The following error(s) was/were found: Superseded version of Form G-64 used. (lt) |
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| Tuesday, January 03, 2017 | ||
| 13 | 13
motion
Appear Pro Hac Vice (G-64)
Tue 01/03 2:10 PM
APPLICATION of Non-Resident Attorney Alexander Cubberly Davis to Appear Pro Hac Vice on behalf of Plaintiff Sidney Rand (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19132344) filed by Plaintiff Sidney Rand. (Diab, Ahmed) |
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Att: 1
Proposed Or der Proposed Order,
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Att: 2
Supplement Certificate of Good Standing
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| Wednesday, December 28, 2016 | ||
| 12 | 12
attorney
Response to Notice of Fee Due on Pro Hac Vice Application
Wed 12/28 11:51 AM
RESPONSE filed by Pro Hac Vice attorney Alex Davis on behalf of Plaintiff Sidney Rand. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney is attempting to obtain required certificates of good standing by January 31, 2017. (lt) |
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| Thursday, December 22, 2016 | ||
| 11 | 11
service
Summons Issued
Thu 12/22 2:13 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Smith and Nephew, Inc.. (bp) |
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| 10 | 10
order
Initial Order upon Filing of Complaint - form only
Thu 12/22 9:37 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (cr) |
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| Wednesday, December 21, 2016 | ||
| 9 | 9
notice
Summons Request
Wed 12/21 11:56 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 , Summons Request3 , Notice of Deficiency in Request to Issue Summons,,7 filed by Plaintiff Sidney Rand. (Diab, Ahmed) |
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| 8 | 8
attorney
Pro Hac Vice Application Due (G-109) - optional html form
Wed 12/21 11:34 AM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alex Davis. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
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| 7 | 7
notice
Deficiency in Summons
Wed 12/21 11:33 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 12/21 11:26 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Wed 12/21 11:25 AM
NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Rozella A. Oliver. (ghap) |
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| Tuesday, December 20, 2016 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Tue 12/20 11:41 AM
NOTICE of Interested Parties filed by Plaintiff Sidney Rand, (Diab, Ahmed) |
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| 3 | 3
notice
Summons Request
Tue 12/20 11:38 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff Sidney Rand. (Diab, Ahmed) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Tue 12/20 11:36 AM
CIVIL COVER SHEET filed by Plaintiff Sidney Rand. (Diab, Ahmed) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Tue 12/20 11:34 AM
COMPLAINT Receipt No: 0973-19081881 - Fee: $400, filed by Plaintiff Sidney Rand. (Attorney Ahmed S Diab added to party Sidney Rand(pty:pla))(Diab, Ahmed) |
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