Robert Anthony-Rodriguez v. Match.com

Tags:
Plaintiff:Robert Anthony-Rodriguez
Defendant:Match.com
 
Case Number:2:2005cv02577
Filed:April 7, 2005
 
Court:California Central District Court
Office:Western Division - Los Angeles Office [ Court Info ]
County:XX US, Outside California
Presiding Judge: Dale S. Fischer
Referring Judge: Carla Woehrle
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Other Contract
Jurisdiction:Diversity
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

April 7, 2005 1 COMPLAINT against defendant Match.com.(Filing fee $ 250) Jury Demanded. , filed by plaintiff Robert Anthony-Rodriguez.(rrey, ) (Entered: April 11, 2005)
April 7, 2005   20 Day Summons Issued re Complaint - (Discovery)[1] as to Match.com. (rrey, ) (Entered: April 11, 2005)
April 7, 2005 2 NOTICE of Interested Parties filed by Plaintiff Robert Anthony-Rodriguez. (rrey, ) (Entered: April 11, 2005)
April 7, 2005 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: April 11, 2005)
April 8, 2005 4 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : Order regarding Compliance with Local Rules: The complaint recently filed in this action failes to comply with Local Rule 11-3.1.1, which requires that if Times New Roman font is used, the size must be no less thatn 14 and if Courier is used, the size must be no less than 12. Plaintiff is ordered to file a corrected complaint no later than 4/28/05. Court Reporter: None. (bg, ) (Entered: April 11, 2005)
April 8, 2005 5 STANDING ORDER by Judge Dale S. Fischer, Read this Ordedr Carefully. It Controls this Case and Differs in Some Respects from the Local Rules.(bg, ) (Entered: April 14, 2005)
April 22, 2005 6 MINUTES OF (IN CHAMBERS) Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 USC 1332, but the matter in controversy does not appear to exceed $75,000, exclusive of interest and costs. Accordingly, the Court orders plaintiff(s) to Show Cause in writing no later than 5/23/2005 why this action should not be dismissed without prejudice for lack of subject matter jurisdiction.Court Reporter: Not presentr. (bg, ) (Entered: April 25, 2005)
April 28, 2005 7 CORRECTED COMPLAINT against defendant Match.com correcting Complaint - (Discovery)[1] ,filed by plaintiff Robert Anthony-Rodriguez (bg, ) (Entered: April 29, 2005)
May 23, 2005 9 FIRST AMENDED COMPLAINT against defendant Match.com amending Complaint - (Discovery)[1], Corrected Complaint[7] ,filed by plaintiff Robert Anthony Rodriguez (bg, ) (Entered: May 26, 2005)
May 23, 2005 10 NOTICE to the Court filed by plaintiff Robert Anthony-Rodriguez. (bg, ) (Entered: May 31, 2005)
May 24, 2005 8 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dale S. Fischer ORDERING first amended complaint; notice to the court submitted by Plaintiff Robert Anthony-Rodriguez received on 5/23/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: May 25, 2005)
July 22, 2005 11 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : The complaint is deficient because the jurisdiction avernment by plaintiff(s) is patently insufficient under 1332(c). Accordingly, the Court orders plaintiff(s) to show cause in writing no later than 8/22/2005 why this action should not be dismissed without prejudice for lack of subject matter jurisdiciton.Court Reporter: Not present. (bg, ) (Entered: July 25, 2005)
August 11, 2005 12 PROOF OF SERVICE Executed by plaintiff Robert Anthony-Rodriguez, upon Match.com served on 8/2/2005, answer due 8/22/2005. The Summons and Complaint were served by personal service, by not cited statute, upon Becky DeGeorge, a person authorized to accept for the party. Due Dilligence declaration not attahed. Original Summons not returned. (bg, ) (Entered: August 12, 2005)
August 17, 2005 13 STIPULATION Extending time to respond to Complaint[1] to fifteen days to September 6, 2005 filed by defendant Match.com. (ca, ) (Entered: August 23, 2005)
August 22, 2005 14 SECOND AMENDED COMPLAINT against defendant Match.com amending Complaint - (Discovery)[1], corrected complaint[7] ,filed by plaintiff Robert Anthony-Rodriguez (bg, ) (Entered: August 24, 2005)
August 22, 2005 16 RESPONSE filed by Plaintiff Robert Anthony-Rodriguez to Order to Show Cause re Dismissal for Lack of Subject Matter Jurisdiction 11 (bg, ) (Entered: August 31, 2005)
August 23, 2005 15 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dale S. Fischer ORDERING second amended complaint submitted by Plaintiff Robert Anthony-Rodriguez received on 8/22/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: August 24, 2005)
August 30, 2005 17 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dale S. Fischer ORDERING Response to order to show cause re: dismissal submitted by Plaintiff Robert Anthony-Rodriguez received on 8/22/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: August 31, 2005)
August 30, 2005 18 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : The Court, discharges the Order to Show Cause re Dismissal for Lack of Subject Matter Jurisdiction against the Plaintiff pursuant to their response filed on 8/22/05. RE: Minutes 11 Court Reporter: Not Present. (bg, ) (Entered: September 1, 2005)
September 2, 2005 19 STIPULATION AND ORDER by Judge Dale S. Fischer that Defendant Match.com shall have until 9/19/2005 to respond to the Second Amended Complaint filed by Plaintiff. (jp, ) (Entered: 09/06/2005)
September 19, 2005 20 NOTICE of Interested Parties filed by Defendant Match.com. (bg, ) (Entered: September 20, 2005)
September 19, 2005 21 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint filed by defendant Match.com. Motion set for hearing on 10/17/2005 at 01:30 PM before Honorable Dale S. Fischer. (bg, ) (Entered: September 26, 2005)
October 3, 2005 22 RESPONSIVE MEMORANDUM to MOTION to Dismiss Plaintiffs Second Amended Complaint[21] filed by plaintiff Robert Anthony-Rodriguez. (bg, ) (Entered: October 11, 2005)
October 7, 2005 23 REPLY IN SUPPORT OF its MOTION to Dismiss Second Amended Complaint[21] filed by defendant Match.com. (bg, ) (Entered: October 11, 2005)
October 17, 2005 24 MINUTES OF (IN CHAMBERS) ORDER by Judge Dale S. Fischer : RE: MOTION to Dismiss Case[21]. Defendants Motion to Dismiss Plaintiffs Second Amended Complaint is DENIED. Court Reporter: Not Present. (bg, ) (Entered: October 18, 2005)
October 17, 2005 26 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : RE: MOTION to Dismiss Plaintiffs Second Amended Complaint[21]. The case is called and counsel state their appearances. The Court advises of its tentative ruling, invites oral argument and informs counsel that a written order will follow. Court Reporter: Pamela Seijas. (bg, ) (Entered: October 19, 2005)
October 18, 2005 25 ORDERSETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer: Scheduling Conference set for 12/19/2005 11:00 AM before Honorable Dale S. Fischer.(bg, ) (Entered: October 19, 2005)
October 27, 2005 27 ANSWER to Second Amended Complaint14 filed by defendant Match.com.(bg, ) (Entered: October 28, 2005)
December 2, 2005 28 APPLICATION for attorney Kelley B Gelb to Appear Pro Hac Vice. FEE Paid. filed by plaintiff Robert Anthony-Rodriguez. Lodged proposed order. (bg, ) (Entered: December 8, 2005)
December 5, 2005 29 ORDER by Judge Dale S. Fischer : granting [28] Application to Appear Pro Hac Vice by Attorney Kelley B Gelb on behalf of Robert Anthony Rodriguez, designating Kelley B Gelb as local counsel. (bg, ) (Entered: December 8, 2005)
December 8, 2005 30 APPLICATION for attorney Michael J. Ryan to Appear Pro Hac Vice. FEE Paid. filed by plaintiff Robert Anthony-Rodriguez. Lodged order. (pbap, ) (Entered: December 12, 2005)
December 8, 2005   FAX number for Attorney Michael J Ryan is (954) 763-8292. (pbap, ) (Entered: December 12, 2005)
December 8, 2005   FAX number for Attorney Peter J McNulty is (310) 472-7014. (pbap, ) (Entered: December 12, 2005)
December 9, 2005 31 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 4-10 days. (sv) (Entered: December 12, 2005)
December 12, 2005 32 MINUTES OF (IN CHAMBERS) ORDER by Judge Dale S. Fischer : On the courts own motion, the Scheduling Conference previously set for 12/19/05 is taken off calendar. Trial Order will issue.Court Reporter: Not present. (bg, ) (Entered: December 13, 2005)
December 12, 2005   ***Terminated all deadlines and hearings. (bg, ) (Entered: December 13, 2005)
December 20, 2005   PLACED IN FILE - NOT USED re order on application of non-resident attoreny to appear in a specific case (bg, ) (Entered: December 21, 2005)
January 3, 2006 33 MINUTES OF (IN CHAMBERS) ORDER by Judge Dale S. Fischer : The Court previously having taken the scheduling conference off the calendar, orders the matter reset for Monday, 1/30/2006 11:00 AM before Judge Dale S. Fischer.Court Reporter: Not Present. (bg, ) (Entered: January 3, 2006)
January 6, 2006 34 ORDER by Judge Dale S. Fischer : granting [30] Application to Appear Pro Hac Vice by Attorney Michael J Ryan on behalf of plaintiff Robert Anthony-Rodriguez, designating Peter J McNulty as local counsel. (bg, ) (Entered: January 9, 2006)
January 6, 2006 35 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dale S. Fischer ORDERING Order submitted by Plaintiff Robert Anthony-Rodriguez received on 1/4/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: January 9, 2006)
January 30, 2006 37 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : Status Conference: The Court is called and counsel state their appearance. The Court is advised of status and addresses the class certification briefing issues. The Court orders counsel to schedule a conference fothwith before Magistrate Judge Woehrle to discuss and establish discovery procedures. The Court reminds counsel that principals are required at a settlement conference before proceeding to trial. The last day for a class certification motion to be heard held before Judge Dale S. Fischer :Court Reporter: Deborah Gackle. (bg, ) (Entered: February 1, 2006)
January 31, 2006 36 ORDER/REFERRAL to ADR Pilot Program by Judge Dale S. Fischer, ordering case Procedure #1 (assigned Magistrate Judge Woehrle)(bg, ) (Entered: February 1, 2006)
January 31, 2006 38 ORDER RE JURY TRIAL by Judge Dale S. Fischer : ORDER RE DEADLINES: Amended Pleadings due by 1/13/2006. Discovery cut-off 6/26/2006. Motion hearing cut off 8/28/06 at 1:30 pm. Last date to conduct settlement conference is 9/11/2006. Final Pretrial Conference set for 10/30/2006 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 11/28/2006 08:00 AM before Judge Dale S. Fischer.(bg, ) (Entered: February 1, 2006)
March 10, 2006 39 NOTICE OF MOTION AND MOTION of Peter J McNulty to Withdraw as Attorney filed by plaintiff Robert Anthony-Rodriguez. Motion set for hearing on 4/10/2006 at 01:30 PM before Judge Dale S. Fischer. Lodged proposed order. (bg, ) (Entered: March 17, 2006)
March 29, 2006 40 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : Resetting Hearing as to MOTION of Peter J McNulty to Withdraw as Attorney[39]. On the Courts own motion, time only is advanced from 1:30 pm to 11:00 am for hearing on the above described motion. The hearing date of April 10, 2006 remains. Court Reporter: Not present. (bg, ) (Entered: March 29, 2006)
April 6, 2006 41 STIPULATION for Order to Accept Motion to Withdraw Unopposed Given Enlargement of Time to Place Ready Councel and having New Representation Come Without Restraint of Current Schedule filed by plaintiff Robert Anthony-Rodriguez. (bg, ) (Entered: April 7, 2006)
April 10, 2006 43 MINUTES OF Motion Hearing held before Judge Dale S. Fischer (Hearing on Motion to Withdraw as Counsel) : The case is caleed and counsel state their appearances. The Court provides counsel a letter it had received regarding the above-referenced moiton. The Court advises counsel that the motion is conditionally granted and indicates that a written or order will follow.Court Reporter: Pamela Seijas. (yl, ) (Entered: April 17, 2006)
April 11, 2006 44 DECLARATION of Brett L. Rosenthal Re: Plaintiff, Robert Anthony-Rodriguez's Address and Contact Information filed. (pcl, ) (Entered: April 17, 2006)
April 12, 2006 42 MINUTES OF (IN CHAMBERS) ORDER held before Judge Dale S. Fischer : RE: MOTION of Peter J McNulty to Withdraw as Attorney[39] Having reviewed the papers submitted and having heard the arguments of counsel, the Court GRANTS the Motion. Discovery is stayed until 5/10/06. Plaintiff is advised that he may represent himself, or may retain counsel. Plaintiff may not represent "others similarly situated" as he is not an attorney. Therefore, if counsel does not substitue into this action by 5/10/06, all references in the pleadings to "all others similarly situated" or similar references will be stricken and the case will proceed as an individual action. Court Reporter: Not present. (bg, ) (Entered: April 13, 2006)
April 24, 2006 45 NOTICE of Vacation of April 26, 2006 Discovery Conference filed by defendant Match.com. (bg, ) (Entered: April 27, 2006)
May 8, 2006 46 NOTICE OF DISCREPANCY AND ORDER: by Judge Dale S. Fischer, ORDERING Motion for continuance and/or to vacate schedule order submitted received on 5/3/06 is not to be filed but instead rejected. Denial based on: No copy provided for judge.(bg, ) (Entered: May 12, 2006)
May 12, 2006 47 NOTICE OF MOTION AND MOTION to Continue and/or Vacate Schedule Order to Clarify the Judicial position on Plaintiffs Motion to Withdraw Re: MOTION of Peter J McNulty to Withdraw as Attorney[39] filed by plaintiff Robert Anthony-Rodriguez. (bg, ) (Entered: May 15, 2006)
May 12, 2006 48 MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer : RE: MOTION to Continue Motion to Withdraw : Plaintiffs request for a 12 month continuance is DENIED. Plaintiff has not shown diligence in retaining counsel. Should plaintif retain counsel, new counsel may seeek an appropriate continuance.Court Reporter: Not Present. (bg, ) (Entered: May 15, 2006)
August 7, 2006 49 DEFENDANT MATCH.COM, LP'S NOTICE OF MOTION AND MOTION to Strike Class Allegations in Plaintiff's Second Amended Complaint; Memorandum of points and authorities and Declaration of Adam Pines in support thereof filed by Defendant Match.com. Motion set for hearing on 8/28/2006 at 01:30 PM before Judge Dale S. Fischer. Lodged proposed order. (shb, ) (Entered: August 14, 2006)
August 7, 2006 50 DEFENDANT MATCH.COM, L.P.'S NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative, Partial Summary Judgment; Memorandum of points and authorities and Declaration of Jason Cowlisha in support thereof filed by Defendant Match.com. Motion set for hearing on 8/28/2006 at 01:30 PM before Judge Dale S. Fischer. Lodged proposed statement, order; judgment. (shb, ) (Entered: August 14, 2006)
August 7, 2006 51 DEFENDANT MATCH.COM, LP'S NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint for Lack of Subject Matter Jurisdiction; Memorandum of points and authorities and Declaration of Jason Cowlisha in support thereof filed by Defendant Match.com. Motion set for hearing on 8/28/2006 at 01:30 PM before Judge Dale S. Fischer. Lodged proposed order. (shb, ) (Entered: August 14, 2006)
August 7, 2006 52 PROOF OF SERVICE filed by Defendant Match.com, re MOTION to Strike[49], MOTION to Dismiss for Lack of Jurisdiction[51], MOTION for Summary Judgment MOTION for Partial Summary Judgment MOTION for Partial Summary Judgment[50], was served on 8/3/06. (shb, ) (Entered: August 14, 2006)
August 22, 2006 53 MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer: GRANTING Defendant Match.com, L.P.'s MOTION to Dismiss for Lack of Jurisdiction[51] Court Reporter: Not Present. (shb, ) (Entered: August 24, 2006)
August 22, 2006 54 MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer: GRANTING Defendant Match.com, L.P.'s MOTION to Strike Class Allegations in Plaintiff's Second Amended Complaint [49] Court Reporter: Not Present. (shb, ) (Entered: August 24, 2006)
August 22, 2006 55 MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer: Taking Off-Calendar the MOTION for Summary Judgment, or in the alternative, Partial Summary Judgment[50]. The Court is dismissing this action for lackof subject matter jurisdiction. (Made JS-6. Case Terminated.)Court Reporter: Not Present. (shb, ) (Entered: August 24, 2006)
August 22, 2006 56 JUDGMENT OF DISMISSAL by Judge Dale S. Fischer: The Court having dismissed this action for lack of subject matter jurisdiction, IT IS ORDERED that Plaintiff take nothing and that the action be dismissed without prejudice. (shb, ) (Entered: August 24, 2006)
September 8, 2006 57 APPLICATION to the Clerk to Tax Costs Robert Anthony-Rodriguez filed by defendant Match.com. Application set for hearing on 9/21/2006 at 10:00 AM before Judge Dale S. Fischer. Lodged Bill of Cost. (bg, ) (Entered: September 12, 2006)
September 13, 2006 58 Amendment to APPLICATION to the Clerk to Tax Costs Robert Anthony-Rodriguez[57] filed by defendant Match.com. (bg, ) (Entered: September 18, 2006)
September 25, 2006 59 OPPOSITION to Plaintiffs Motion to Vacate Dismissal and REPLY to objections to APPLICATION to the Clerk to Tax Costs [57] filed by defendant Match.com. (bg, ) (Entered: October 2, 2006)
October 30, 2006 60 NOTICE OF DISCREPANCY AND ORDER: by Judge Dale S. Fischer, ORDERING Motion for relief from Judgment submitted by Plaintiff Robert Anthony-Rodriguez received on 10/27/06 is not to be filed but instead rejected. Denial based on: Local Rule 11-3.8 Lacking name, address, phone. Local Rule 6.1 written notice of motion lacking or timeliness of notice incorrect. Lacking signature on proof of service.(bg, ) (Entered: November 3, 2006)
October 30, 2006 61 BILL OF COSTS. Costs Taxed in amount of $480.00 in favor of Defendant, Match.com and against Plaintiff, Robert Anthony-Rodriquez. RE: Judgment56 (jma, ) (Entered: November 6, 2006)
November 14, 2006 62 MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer : Order Denying Plaintiff/Class Motion for Lack of Timeliness of Notice, and for Relief from Judgment, Motion and Motion to Take Judicial Notice of the Facts and Not Tax Costs. Plaintiff attempted to file this motion in September 2006. The Court will address the motion on the merits and disregard for these purposes any defects in the filing. Defendant received the papers and filed its opposition on 9/25/06. Having considered the moving and opposition papers, the Court now denies the motion for the reasons stated on the opposition.Court Reporter: Not present. (bg, ) (Entered: November 17, 2006)
November 21, 2006 63 NOTICE OF CLERICAL ERROR: Due to clerical error Re: In Chambers Order 62. Entered date was incorrectly stamped on document. The correct date should have bee November 17, 2006. Not 2005. (bg, ) (Entered: November 21, 2006)
December 15, 2006 64 NOTICE OF APPEAL to 9th CCA filed by plaintiff Robert Anthony-Rodriguez. Appeal of In Chambers Order/Directive - no proceeding held,, 62 Filed On: 11/14/06; Entered On: 11/17/6; Filing fee $ 455. Billed. cc: Robert Anthony Rodriguez; Adam Pines (car, ) Modified on 12/19/2006 (car, ). (Entered: December 19, 2006)
December 19, 2006   Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 64 (car, ) (Entered: December 19, 2006)
December 27, 2006 65 NOTIFICATION by Circuit Court of Appellate Docket Number 06-56828, 9th CCA regarding Appeal to Circuit Court, 64 filed by Robert Anthony-Rodriguez. (et) (Entered: December 27, 2006)
January 10, 2007 66 Appeal Remark re Appeal to Circuit Court, 64 : The personal check (2070) that was received on 1/11/07 from the Ninth Circuit Court of Appeals was returned. (dmap, ) (Entered: January 25, 2007)
January 23, 2007 67 ORDER from 9th CCA filed as to Appeal to Circuit Court, 64 filed by Robert Anthony-Rodriguez,, CCA # 06-56828. Appellants motion for extension of time to file the balance of the filing fees andto reset the briefing schedule is granted in part. Within 60 days after the dateof theis order,appellant shall pay the $355.00 balance andfilethe Transcript Designation Order Form. Order received in this district on 1/25/07. (dmap, ) (Entered: 02/02/2007)
March 20, 2007   APPEAL FEE PAID: re Appeal to Circuit Court, 64 as to Plaintiff Robert Anthony-Rodriguez; Receipt Number: 94269, Paid in the amount of $455. (lr, ) (Entered: April 11, 2007)
October 2, 2007 68 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-56828 Record consists of 2 volumes re Appeal to 9th Circuit Court of Appeals 64. (dmap) (Entered: October 2, 2007)
Docket Report Last Checked: November 29, 2007 15:26:13 PST
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Plaintiff: Robert Anthony-Rodriguez
Represented By: Kelley B Gelb, Michael J Ryan
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Defendant: Match.com
Represented By: Joy T Teitel, Adam Pines
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