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16-790 - Lucas v. DeSilva Automotive Services, LLC et al


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16-790 - Lucas v. DeSilva Automotive Services, LLC et al
January 18, 2017
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ORDER granting 10 Motion for Extension of Time until 2/3/17 to achieve service on all domestic Defendants; denying Plaintiff's additional request for an order directing the Office of the Clerk of Court to include multiple service forms for both individual and corporate Defendants in a single envelope addressed only to the individual Defendant. Signed by Magistrate Judge Stephanie K. Bowman on 1/18/17. (sct)
March 20, 2017
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REPORT AND RECOMMENDATIONS re 32 Plaintiff's Motion to Strike 14 Answer to Complaint, 33 Plaintiff's Motion to Vacate 30 Summons Returned Executed for Freeport Ventures LLC, 50 Filippo Defendants' Motion to Set Aside Default and to File an Answer and Affirmative Defenses. IT IS RECOMMENDED THAT: (1) Plaintiff's motion to strike Defendant Discount Power's Answer 32 should be GRANTED IN PART, in that the Court should strike the assertion of affirmative defenses presented in Discount Power's Answer 14 relating to the statute of limitations, laches, or other time-bar (Fourth and Ninth Defenses), and its Sixteenth Defense (duty to mitigate damages), its defense that TCPA damages to a private litigant constitute an "excessive fine" under the Eighth Amendment of the U.S. Constitution, and its "due process" defense; (2) Plaintiff's motion to vacate a previously returned summons 33 is hereby construed as a motion to further amend his complaint in order to substitute the name of Defendant "Freeport Ventures, LLC, a Nevada company," in place of the mistakenly identified "Freeport Ventures, LLC, a California company." The previously served "Freeport Ventures, LLC, a California company," as mistakenly identified as an entity registered in California, should be dismissed with prejudice upon the substitution of the correctly named party; (3) The Filppo Defendants' Motion to Set Aside Default and to File an Answer and Affirmative Defenses 50 should be GRANTED. Objections to R&R due by 4/3/2017. Signed by Magistrate Judge Stephanie K. Bowman on 3/20/2017. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 20, 2017
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MEMORANDUM OPINION AND ORDER - IT IS ORDERED: (1) Plaintiff's motions for an additional extension of time to complete service upon Defendant Jeffrey Torres, and to conduct discovery on a related corporation to discover the residential address or Mr. Torres and/or a location where he can be served, 35 63 are GRANTED up to and including 5/15/2017; (2) Defendants' motion for leave to permit Attorney Joshua L Spoont to appear pro hac vice 61 is GRANTED; (3) The Filippo Defendants' unopposed motion for an extension of time to file a reply memorandum 64 is DENIED AS MOOT in light of the Report and Recommendation filed today; (4) Based upon the R&R that recommends setting aside the Entry of Default against them, the Filippo Defendants shall appear and file their Answer and Affirmative Defenses 50 on or before 3/31/2017. Absent rejection of the pending R&R, the Answer of the Filippo Defendants shall be considered as if timely filed. Signed by Magistrate Judge Stephanie K. Bowman on 3/20/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 18, 2017
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ORDER adopting Report and Recommendation re 65 Report and Recommendation granting 32 Motion to Strike; granting 33 Motion to Vacate upon the substitution of a correctly named party; granting 50 Motion to Set Aside Default. Signed by Judge Michael R. Barrett on 4/18/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)