(PS) Entrepreneur Media Inc. v. Smith

California Eastern District Court
Judge:John A Mendez
Referred: Edmund F Brennan
Case #: 2:10-mc-00055
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
CauseCivil Miscellaneous Case
Case Filed:May 14, 2010
Defendant
Entrepreneurpr
Defendant
Scott Smith
Plaintiff
Entrepreneur Media, Inc.
ThirdParty Defendant
Karen Mix

GPO Jun 01 2010
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/1/10 ORDERING that a Hearing is SET for 7/28/2010 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Mena-Sanchez, L)
GPO Aug 09 2010
ORDER 11 to APPEAR for EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 8/9/2010. Judgment Debtor Exam set for 10/6/2010 at 09:30 AM in Courtroom 24 (EFB). (Marciel, M)
GPO Sep 07 2010
ORDER FOR APPEARANCE AND EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 9/7/10: Judgment Debtor Exam set for 11/10/2010 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Manzer, C) Modified on 9/7/2010 (Manzer, C).
GPO Sep 28 2010
ORDER 16 for APPEARANCE and EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 9/27/2010. Judgment Debtor Exam set for 11/10/2010 at 09:30 AM in Courtroom 24 (EFB). (Marciel, M)
GPO Nov 10 2010
AMENDED STIPULATION and ORDER 17 signed by Magistrate Judge Edmund F. Brennan on 11/10/2010 re 20 that the hearing on third party's Debtor's Exam is CONTINUED to 12/8/2010 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Duong, D) (cc Karen Mix) Modified on 11/10/2010 (Duong, D).
GPO Mar 15 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/2011 ORDERING that Dft's 32 request for a continuance of the hearing on Pltf's motion to appoint a receiver is GRANTED. A hearing on Pltf's 24 motion to appoint a receiver is set for 4/13/2011 at 10:00 a.m. in Courtroom No. 24. Dft's request for an extension of time to file an opposition to Pltf's 32 motion to appoint a receiver is GRANTED. Pltf's 33 request for the court to schedule a hearing on Dft's 29 motion is GRANTED. A hearing on Dft's 29 motion is set for 4/13/2011 at 10:00 a.m. in Courtroom No. 24. Dft's 30 request for leave to file electronically in this action is GRANTED. (Zignago, K.)
GPO Mar 17 2011
ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 3/17/11: Judgment Debtor Exam set for 4/27/2011 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Manzer, C)
GPO Mar 31 2011
ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 3/31/11. Judgment Debtor Examination is SET for 5/18/2011 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Mena-Sanchez, L)
GPO Apr 29 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/11 ORDERING that Defendant's application for an order shortening time, 52, is granted; Defendant's motion to stay and motion for a temporary restraining order, 53, is set for hearing on 5/4/11, at 10:00 a.m. in Courtroom No. 24; Plaintiff shall file an opposition or a statement of non-opposition to the motion to stay and motion for a temporary restraining order no later than 10:00 a.m. on Tuesday, 5/3/11; and Defendant may file a reply to plaintiff's opposition, if any, no later than 5:00 p.m. on Tuesday, 5/3/11. (Becknal, R)
GPO May 05 2011
Bank, N.A. (Chase) on 12/30/10 regarding Chase account number xxxx-xxxx-3620, for a protective order, and for sanctions, 29 is CONTINUED to 8/24/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 8/10/11ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/11 ORDERING that Plaintiff's motion to appoint a receiver to sell certain domain names owned and/or controlled by defendant 24 is DENIED without prejudice. Defendant's motion for a stay pending appeal and/or for a temporary restraining order,53 is DENIED. Defendant's motion for an extension 60 is GRANTED. The 5/18/11 judgment debtor examination is continued to 7/20/2011 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. And defendant has an additional 60 days to respond to the subpoena for documents referenced in his request for an extension. Defendant and third party Karen Mixs motions to quash the subpoena issued by plaintiff to Chase Plaintiff shall file a brief indicating whether the subpoena to Chase will be withdrawn as moot, and if not, indicating why the motions to quash the subpoena should not be granted. On or before 8/17/2011, Defendant and/or Mix shall file a response to Plaintiffs brief. The brief(s) shall not exceed fifteen pages. Within seven days of the date of this order, Plaintiff's counsel shall serve a copy of this order on Chase.(Mena-Sanchez, L)
GPO Jul 19 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/19/11 ORDERING that dft's 67 Ex Parte Application for Order Shortening Time and Motion for Extension of Time is GRANTED; the Judgment Debtor Exam in CONTINUED to 10/19/11 at 9:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan and dft has an additional 90 days to respond to the subpoena for documents referenced in his Motion; the hearings on the 29,37 Motions to Quash are CONTINUED to 11/16/11 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; by 11/02/11, plf shall file a brief indicating whether the subpoena to Chase will be withdrawn as moot, and if not, indicating why the motions to quash the subpoena should not be granted; the brief may also address the motions for a protective order and/or for sanctions; by 11/09/11, dft and/or Mix shall file a response to the plf's brief; w/i 7 days, plf's counsel shall serve this order on Chase; the hearing on dft's 65 Motion to Quash and Motion for Sanctions is CONTINUED to 08/31/11 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Benson, A.)
GPO Sep 12 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2011 DENYING Smith's 65 Motion to Quash and Motion for Sanctions; DENYING EMI's 74 Request for Sanctions. (Waggoner, D)
GPO Sep 20 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/20/2011 ORDERING 77 The 9/28/2011 hearing on Steinberg's motion to withdraw as counsel for Karen Mix, is VACATED; Steinberg's motion to withdraw as counsel for Mix, is GRANTED; Karen Mix will hereafter be proceeding pro se in this action, and any filings, notices, or correspondence shall be served upon her, at Copper Fox Court, in Citrus Heights, CA. (Reader, L)
GPO Oct 17 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/11: Hearing as to 79 Motion for assignment of rights, restraining order, and turnover order, and 29 MOTION to QUASH MOTION for PROTECTIVE ORDER MOTION for SANCTIONS RESET for 12/21/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Hearing as to 40 Judgment debtor Examination RESET for 11/30/2011 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Within seven days of the date of this order, EMI's counsel shall serve a copy of this order on Chase. (Kaminski, H).
GPO Dec 01 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/01/11 ORDERING that plaintiff's 87 Motion to Compel defendant to submit all papers, pleadings, and other matters sought to be filed, for approval by a judge or magistrate judge as a condition of filing and service thereof is DENIED; defendant's 92 Emergency Motion to Extend Time is DENIED; plaintiff's 93 Application for OSC why a permanent prefiling order should not be issued and for an order disentitling defendant from filing any opposition to any post-judgment remedies sought by plaintiff is DENIED. (Benson, A.)
GPO Dec 05 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/2011 ORDERING that defendant and third party Karen Mix's 29 37 motions to quash, for a protective order, and for sanctions are deemed withdrawn and the December 21, 2011 hearing thereon is VACATED. The subpoena plaintiff served upon Chase Bank for production of certain consumer records for and on behalf of Karen Mix is deemed withdrawn and shall be recalled by plaintiff. Any and all claims for sanctions, costs, or fees asserted by the parties regarding the motion to quash and motion for a protective order are deemed withdrawn and waived. Within three days of the date of this order, plaintiff's counsel shall serve a copy of this order on Chase Bank. (Duong, D)
GPO Dec 12 2011
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/11 ORDERING that Smith's motion for an extension of time to file a revised opposition to EMI's motion for assignment of rights, a restraining order, and turnover order, 100 is granted; The hearing on EMI's motion for assignment of rights, a restraining order, and turnover order, 79 is continued to February 1, 2012 at 10:00 a.m. in Courtroom No. 24; Smith may file a revised opposition to the motion on or before January 18, 2012; EMI may file a reply to Smith's opposition on or before January 25, 2012. (Becknal, R)
GPO Jan 23 2012
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/23/2012 ORDERING Smith's motion #108 to continue the hearing on EMI's #79 motion for assignment of rights, a restraining order, and turnover order, and Smith's deadline to file a revised opposition thereto, is GRANTED. The hearing on EMI's motion for assignment of rights, a restraining order, and turnover order, is CONTINUED to 3/7/2012 at 10:00 a.m. in Courtroom No. 24. Smith may file a revised opposition to the motion on or before 2/22/2012. EMI may file a reply to Smith's opposition on or before 2/29/2012. (Reader, L)
GPO Mar 12 2012
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/12/2012 DENYING 79 Motion for Assignment of Rights, a Restraining Order and a Turnover Order; DENYING 110 Counter-Motion for Sanctions. (Michel, G)
GPO Sep 18 2012
ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 9/18/12; Judgment Debtor Exam set for 10/17/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Meuleman, A)
GPO Sep 27 2012
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/27/12 granting 122 Motion for Extension: Motion Hearing re 115 Motion to Appoint Receiver reset for 1/16/2013 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Judgment Debtor Exam reset for 1/16/2013 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Smith's counsel shall file a Notice of Appearance as soon as he able to do so. (Manzer, C)
GPO Jan 07 2013
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2013 GRANTING 125 Motion for Extension of Time; CONTINUING the Motion Hearing as to 115 Motion to Appoint Receiver to 4/17/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; CONTINUING the Judgment Debtor Exam to 4/17/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING Smith's counsel to file a Notice of Appearance in this action pursuant to L.R. 182(a). (Michel, G)
GPO Apr 03 2013
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/3/2013 DENYING 128 Smith's motion for an extension of time to oppose the motion for appointment of a receiver and motion for an extension of the judgment debtor examination. The referral of this case to the magistrate judge is WITHDRAWN and the case is REFERRED back to the district judge. The 4/17/2013 hearing on EMI's 115 motion for appointment of a receiver, which is currently set before the undersigned, is VACATED. The 4/17/2013 judgment debtor examinationof Smith, remains on calendar before the undersigned and will commence at 9:30 AM in Courtroom No. 8. 121 (Reader, L)
GPO Apr 23 2013
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/23/2013 ORDERING EMI's counsel shall file a declaration indicating the costs and fees incurred as a result of Mr. Smith's failure to appear at the 4/17/2013 Judgment Debtor Examination, as well as the fees incurred in drafting the filing such a declaration by 4/29/2013; Smith shall show cause, in writing, why he should not be sanctioned for failing to appear by 5/6/2013; Judgment Debtor Examination of Smith is CONTINUED to 6/5/2013 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Reader, L)
GPO Nov 26 2013
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/2013 GRANTING IN PART AND DENYING IN PART 150 Motion to Compel; DENYING 150 Motion for Sanctions; ORDERING Defendant to serve Plaintiff, within 21 days, with responses to its 6/17/2013 Request for Production of Documents, request numbers 2 through 13. (Michel, G)
GPO Jan 13 2014
ORDER signed by Judge John A. Mendez on 1/10/14 ORDERING For the reasons set forth above, the Court DENIES Defendant's Motion for Reconsideration of the Magistrate Judge's Ruling. (Becknal, R)
GPO Jan 05 2015
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/5/2015 as to 170 Motion for Issuance of Order to Show Cause re Contempt: Motion Hearing CONTINUED to 2/11/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Defendant shall file a response to plaintiff's motion on or before 1/14/2015; plaintiff's reply due on or before 1/21/2015. (Yin, K)
GPO Feb 09 2015
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/9/2015 ORDERING the hearing on the 170 Ex Parte Application for issuance of an OSC is CONTINUED to 3/11/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. The Defendant Scott Smith SHALL PERSONALLY APPEAR at the 3/11/15 Hearing. (Donati, J)
GPO Mar 09 2015
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/9/2015 DENYING 180 Motion for Extension. (Donati, J)
GPO Jun 22 2015
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/22/2015 RECOMMENDING that defendant Scott Smith be ordered to appear before Judge Mendez, at a date and time set by Judge Mendez, to show cause why Smith should not be found in civil comtempt and incarcerated until he fully complies with the 162 Order. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge John A. Mendez. (Donati, J)
GPO Jul 13 2015
ORDER signed by Judge John A. Mendez on 7/10/15 ORDERING that the proposed findings and recommendations filed June 22, 2015, are ADOPTED; and Defendant Scott Smith is ordered to appear before the undersigned on July 29, 2015 at 9:30 a.m. in Courtroom #6 to show cause why Smith should not be found in civil contempt until he fully complies with the magistrate judge's November 26, 2013 order. (Becknal, R)
GPO Aug 10 2015
ORDER ADJUDICATING SCOTT SMITH in CONTEMPT of COURT signed by Judge John A. Mendez on 8/10/2015. It is ORDERED that Scott Smith shall be held in contempt and is in contempt of Court for failure to comply with Magistrate Judge Brennan's 162 Discovery Order. It is FURTHER ORDER that Scott Smith be and shall be incarcerated in custody of U.S. Marshal for 30 days or until he can show that he is in compliance with Discovery Order, whichever occurs first. A Declaration detailing which documents have been provided to plaintiff shall be filed by 8/12/2015 at 5:00 PM. Plaintiff's counsel shall file Response to Mr. Smith's Declaration by 8/17/2015 at 5:00 PM. If Court determines further hearing is necessary, said hearing will be held on 8/19/2015 at 9:30 AM at which Scott Smith will be required to personally appear. (Marciel, M)
GPO Jul 07 2017
Smith's 237 motion to quash is DENIED. (Kastilahn, A)ORDER signed by Magistrate Judge Edmund F. Brennan on 7/6/17, ORDERING that EMI's 186 ex parte application for an order to show cause why sanctions should not be imposed is DENIED. EMI's 189 motion for reconsideration is DENIED.
Docket last updated: 09/05/2024 11:59 PM PDT
Friday, August 14, 2020
245 245 order Substitution of Attorney Order Fri 08/14 10:36 AM
ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 8/13/2020. ADDED Timothy Carl Aires for Entrepreneur Media, Inc. in place of attorney David J. Cook. (Mena-Sanchez, L)
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service Service by Mail Fri 08/14 10:58 AM
SERVICE BY MAIL:245 Substitution of Attorney Order served on Karen Mix. (Mena-Sanchez, L)
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Friday, August 07, 2020
244 244 misc Substitution of Attorney - Proposed Fri 08/07 3:30 PM
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Entrepreneur Media, Inc.. (Aires, Timothy)
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