Ashley Lindsay Smithline v. Brian Warner et al
| California Central District Court | |
| Judge: | Fernando L Aenlle-Rocha |
| Referred: | Margo A Rocconi |
| Case #: | 2:21-cv-05289 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 28:1331 Fed. Question: Personal Injury |
| Case Filed: | Jun 29, 2021 |
| Terminated: | Jan 03, 2023 |
| Last checked: Sunday Dec 26, 2021 1:26 AM PST |
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Defendant
Marilyn Manson Records, Inc.
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Represented By
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Defendant
Brian Warner
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Represented By
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Plaintiff
Ashley Lindsay Morgan Smithline
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, January 03, 2023 | ||
| 29 | 29
2
pgs
order
Order ~Util - Terminate Civil Case ~Util - Terminate Deadlines and Hearings ~Util - Set/Clear Flags
Tue 01/03 5:12 PM
ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Fernando L. Aenlle-Rocha: On October 5, 2022, the court granted Plaintiff Ashley Lindsay Morgan Smithline's Counsel Jay D. Ellwangers Motion to Withdraw Representation, stayed the action, and Ordered Plaintiff to file by December 5, 2022, either: (1) a notice of substitution of counsel, or (2) a status report regarding her readiness to litigate this action in pro se. Dkt. 27. Plaintiff was advised that the court may dismiss the action without prejudice, pursuant to Fed. R. Civ. P. 41(b), if she failed to file a response timely. Id. at 2. Plaintiff has not filed a response as of the date of this Order. The court, therefore, DISMISSES this action without prejudice, for Plaintiffs failure to prosecute the action. See Fed. R. Civ. P. 41(b). Defendants Brian Warner and Marilyn Manson Records, Inc.'s Motion to Dismiss Plaintiffs Complaint28 , is DENIED as moot. (Made JS-6. Case Terminated.) (lc) |
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| Monday, December 12, 2022 | ||
| 28 | 28
notice
Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1))
Mon 12/12 3:44 PM
NOTICE of Voluntary Dismissal filed by Defendants Marilyn Manson Records, Inc., Brian Warner. Dismissal is with prejudice. (Williams, Gene) |
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| Wednesday, October 05, 2022 | ||
| 27 | 27
order
Withdraw as Attorney
Wed 10/05 10:16 AM
MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: MOTION GRANTING COUNSEL JAY D. ELLWANGER'S MOTION TO WITHDRAW REPRESENTATION23 ; AND STAYING ACTION FOR 60 DAYS. The Motion came to hearing on September 30, 2022. Dkt. 26. The court conducted an ex parte in-camera hearing outside the presence of counsel for Defendants. See id. Plaintiff did not appear for the hearing or file an opposition to the Motion. After considering all evidence presented and in light of Plaintiffs non-opposition to the Motion, the court GRANTS the Motion and APPROVES counsel Ellwanger's request to withdraw as counsel for Plaintiff. The court has received a physical mailing address for Plaintiff from counsel Ellwanger, which it will use for all further communications with Plaintiff. If Plaintiff wishes the court to contact her using a different address, she may submit a notification of change of address directly to the court. (SEE DOCUMENT FOR email address). Given the circumstances of this action and Plaintiffs Given the circumstances of this action and Plaintiff's allegations, the court SEALS Plaintiff's address. Ellwanger shall provide Plaintiff's physical mailing address to Defendants' counsel. The court ORDERS Defendants counsel to treat Plaintiffs address as confidential information with an attorneyseyes-only designation, not to disclose Plaintiffs address to Defendants or any third party, and to redact Plaintiff's address from all public filings until further order by this court. Plaintiff is advised that all paper filings to the court should be mailed to the United States District Court for the Central District of California at the address: 255 East Temple St.,Suite 180, Los Angeles, CA 90012. The court further advises Plaintiff to review the Filing Procedures section of the courts website. The court STAYS the action, including all discovery deadlines, by 60 days to allow Plaintiff to retain new counsel. Plaintiff is ORDERED to file by December 5, 2022, either: (1) a notice of substitution of counsel, or (2) a status report regarding her readiness to litigate this action in pro se. Plaintiff is advised that the court may dismiss the action without prejudice, pursuant to Fed. R. Civ. P. 41(b), if she fails to file a response by December 5, 2022. The court reporters notes of the ex parte in-camera hearing shall remain under seal until further order by this court. Counsel Ellwanger shall provide a copy of this Order to Plaintiff. (lc) |
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| Friday, September 30, 2022 | ||
| 26 | 26
minutes
Motion Hearing Withdraw as Attorney
Tue 10/04 4:05 PM
MINUTES OF ; Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE MOTION OF JAY D. ELLWANGER TO WITHDRAW AS ATTORNEY FOR PLAINTIFF ASHLEY LINDSAY MORGAN SMITHLINE23 . The transcript of the in-camera proceeding is SEALED. No party or individual may obtain a complete copy of the transcript of the in-camera proceedings without order of the court.Out of the presence of counsel for Defendant: The court orders the courtroom sealed, locked. The court conducts an in-camera hearing. The in-camera hearing concludes. In the presence of counsel for the Defendant the court invites counsel to argue the motion. The motion is taken under submission and a written order will issue. Court Reporter: Laura Elias. (lc) |
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| Thursday, September 29, 2022 | ||
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textonly
Text Only Scheduling Notice
Thu 09/29 12:50 PM
(IN CHAMBERS) ORDER CHANGING THE TIME FOR HEARING ON THE MOTION OF JAY D. ELLWANGER TO WITHDRAW AS ATTORNEY FOR PLAINTIFF ASHLEY LINDSAY MORGAN SMITHLINE by Judge Fernando L. Aenlle-Rocha: The TIME for hearing on the Motion of Jay D. Ellwanger to Withdraw as Attorney for Plaintiff Ashley Lindsay Morgan Smithline (Dkt.23 ) is ADVANCED from 1:30 p.m. to 1:00 p.m. on September 30, 2022, in Courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
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| Tuesday, September 06, 2022 | ||
| 24 | 24
respm
Non-Opposition to Motion
Tue 09/06 12:24 PM
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Jay D. Ellwanger to Withdraw as Attorney 23 filed by Defendant Brian Warner. (King, Howard) |
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| Saturday, August 27, 2022 | ||
| 23 | 23
motion
Withdraw as Attorney
Sat 08/27 9:08 PM
NOTICE OF MOTION AND MOTION of Jay D. Ellwanger to Withdraw as Attorney filed by Plaintiff Ashley Lindsay Morgan Smithline. Motion set for hearing on 9/30/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Ellwanger, Jay) |
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Att: 1
Declaration Declaration of Jay D. Ellwanger,
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Att: 2
Proposed Order
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| Monday, July 18, 2022 | ||
| 22 | 22
attorney
Association of Counsel
Mon 07/18 9:12 AM
NOTICE of Association of Counsel associating attorney Howard E. King, John G. Snow and Jackson S. Trugman on behalf of Defendants Marilyn Manson Records, Inc., Brian Warner. Filed by Defendants Marilyn Manson Records, Inc., Brian Warner (Williams, Gene) |
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| Tuesday, March 15, 2022 | ||
| 21 | 21
order
Scheduling Order ~Util - Set/Reset Deadlines/Hearings
Tue 03/15 2:10 PM
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 6/9/2023 01:00 PM; Jury Trial set for 6/27/2023 08:30 AM ; Motion in Limine set for hearing on 6/9/2023 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) |
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| 20 | 20
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Tue 03/15 11:20 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 05/05/2023. (tf) |
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textonly
Text Only Scheduling Notice
Tue 03/15 11:18 AM
(IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the March 25, 2022, Scheduling Conference. Order re Jury/Court Trial to issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
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| Monday, March 14, 2022 | ||
| 18 | 18
misc
Joint Report Rule 26(f) Discovery Plan
Mon 03/14 1:58 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6-8 days, filed by Plaintiff Ashley Lindsay Morgan Smithline..(Ellwanger, Jay) |
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Att: 1
Scheduling Worksheet,
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Att: 2
Affidavit,
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Att: 3
Proposed Order
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| Friday, February 25, 2022 | ||
| 17 | 17
order
Initial Order Setting R26 Scheduling Conference - form only
Fri 02/25 9:56 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 3/25/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf) |
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| Thursday, October 21, 2021 | ||
| 16 | 16
9
pgs
answer
Answer to Complaint (Attorney Civil Case Opening)
Thu 10/21 1:58 PM
ANSWER to Complaint (Attorney Civil Case Opening)1 with JURY DEMAND filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(Williams, Gene) |
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| Friday, October 01, 2021 | ||
| 15 | 15
order
Extending Answer Due Deadline
Fri 10/01 5:14 PM
ORDER GRANTING JOINT STIPULATION FOR DEFENDANTS TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT14 by Judge Fernando L. Aenlle-Rocha: The Court continues Defendants Brain Warner and Marilyn Manson Records, Inc.'s deadline to file a responsive pleading to the earlier of (1) December 3, 2021 or (2) 14 days after the court issues its ruling on Defendants' Motion to Dismiss in Bianco. (lc) |
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| Tuesday, September 28, 2021 | ||
| 14 | 14
stip
Extending Time to Answer (30 days or less)
Tue 09/28 12:25 PM
Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening)1 filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(Williams, Gene) |
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Att: 1
Proposed Order
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| Monday, September 27, 2021 | ||
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textonly
Text Only Scheduling Notice
Mon 09/27 11:02 AM
(IN CHAMBERS) ORDER STRIKING STIPULATION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (DKT.12 ) by Judge Fernando L. Aenlle-Rocha: The Court STRIKES the parties Stipulation to Extend Time to File A Response to Plaintiff's Complaint for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
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| Friday, September 24, 2021 | ||
| 12 | 12
stip
Extending Time to Answer (30 days or less)
Fri 09/24 2:08 PM
Joint STIPULATION Extending Time to Answer the complaint as to Marilyn Manson Records, Inc. answer now due 10/1/2021; Brian Warner answer now due 10/1/2021, re Complaint (Attorney Civil Case Opening)1 filed by Defendants Marilyn Manson Records, Inc.; Brian Warner.(Williams, Gene) |
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Att: 1
Proposed Order
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| 11 | 11
notice
Certificate/Notice of Interested Parties
Fri 09/24 1:55 PM
Certification and NOTICE of Interested Parties filed by Defendants Marilyn Manson Records, Inc., Brian Warner, (Attorney Gene F Williams added to party Marilyn Manson Records, Inc.(pty:dft), Attorney Gene F Williams added to party Brian Warner(pty:dft))(Williams, Gene) |
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| Thursday, July 22, 2021 | ||
| 10 | 10
service
Waiver of Service Executed
Thu 07/22 1:53 PM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Ashley Lindsay Morgan Smithline. upon Marilyn Manson Records, Inc. waiver sent by Plaintiff on 7/9/2021, answer due 9/7/2021; Brian Warner waiver sent by Plaintiff on 7/9/2021, answer due 9/7/2021. Waiver of Service signed by John G. Snow.(Ellwanger, Jay) |
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Att: 1
Supplement
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| Tuesday, July 06, 2021 | ||
| 9 | 9
order
Initial Order upon Filing of Complaint - form only
Tue 07/06 12:45 PM
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv) |
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| Thursday, July 01, 2021 | ||
| 8 | 8
order
Transferring Case purs GO 21-01 (Related Case)(CV-34)
Thu 07/01 4:42 PM
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-03677 FLA(MARx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Margo A. Rocconi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05289 FLA(MARx). Signed by Judge Fernando L. Aenlle-Rocha (rn) |
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| 7 | 7
notice
Clerical Error (G-11)
Thu 07/01 4:11 PM
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order Setting Scheduling Conference5 issued in this case in error, parties shall disregard. (jp) |
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| 6 | 6
order
Initial Order upon Filing of Complaint - form only
Thu 07/01 9:31 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) |
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| 5 | 5
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 07/01 9:28 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/20/2021. Scheduling Conference set for 9/27/2021 at 9:00 am. (sw) |
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| Wednesday, June 30, 2021 | ||
| 4 | 4
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 06/30 9:18 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
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| 3 | 3
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Wed 06/30 9:17 AM
NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon. (lh) |
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| Tuesday, June 29, 2021 | ||
| 2 | 2
notice
Certificate/Notice of Interested Parties
Tue 06/29 4:09 PM
CERTIFICATE of Interested Parties filed by Plaintiff Ashley Lindsay Morgan Smithline, (Ellwanger, Jay) |
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| 1 | 1
18
pgs
cmp
Complaint (Attorney Civil Case Opening)
Tue 06/29 4:04 PM
COMPLAINT Receipt No: ACACDC-31550054 - Fee: $402, filed by Plaintiff Ashley Lindsay Morgan Smithline. (Attorney Jay David Ellwanger added to party Ashley Lindsay Morgan Smithline(pty:pla))(Ellwanger, Jay) |
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Att: 1
Civil Cover Sheet
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