Libel case based on microfilm of old newspaper article.
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Date Filed
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#
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Docket Text
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| April 28, 2008 |
1
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NOTICE OF REMOVAL filed by Cornell University from Superior Court, San Diego CA, case number 37-2008-00069807-CU-DF-SC. ( Filing fee $ 350 Receipt number 150236), as to Kevin Vanginderen.
(cap)(kaj). (Entered: April 28, 2008)
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| April 28, 2008 |
2
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NOTICE by Cornell University of related case(s) 07cv2045 re 1 Notice of Removal. (cap) Modified on 4/29/2008 - low-number
order prepared (vet). (Entered: April 29, 2008)
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| April 28, 2008 |
3
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DECLARATION of Clifford S. Davidson in Support of Notice of Removal 1 by Defendant Cornell University. (cap) Modified on
4/29/2008 to add document link (cap). (Entered: April 29, 2008)
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| April 28, 2008 |
4
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NOTICE of Joinder by Bert Deixler re 1 Notice of Removal. (cap) (Entered: April 29, 2008)
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| April 28, 2008 |
5
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NOTICE of Party With Financial Interest by Cornell University re 1 Notice of Removal. (cap) (Entered: April 29, 2008)
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| April 28, 2008 |
6
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CERTIFICATE OF SERVICE re 2 Notice of Related Case, 5 Notice of
Party With Financial Interest, 4 Notice of Joinder, 1 Notice of
Removal, 3 Declaration. (cap) (Entered: April 29, 2008)
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| April 29, 2008 |
7
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NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University, Bert Deixler (Davidson, Clifford) (Entered: April 29, 2008)
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| April 29, 2008 |
8
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CERTIFICATE OF SERVICE by Cornell University re Notice to State Court of Removal and Notice to Adverse Party of Removal (Davidson, Clifford) (Entered: April 29, 2008)
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| April 29, 2008 |
9
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NOTICE of Appearance by Nelson E. Roth on behalf of Cornell University (Roth, Nelson)(aje). (Entered: April 29, 2008)
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| April 29, 2008 |
10
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CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 7 Notice of Appearance of Clifford S. Davidson on behalf of
defendants Cornell University and Bert Deixler (Davidson, Clifford) (aje). (Entered: April 29, 2008)
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| April 30, 2008 |
11
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NOTICE of Appearance by Lary Alan Rappaport on behalf of Bert Deixler (Rappaport, Lary) (aje). (Entered: April 30, 2008)
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| April 30, 2008 |
12
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CERTIFICATE OF SERVICE by Bert Deixler re 11 Notice of Appearance of Lary Alan Rappaport on behalf of defendant Bert
Deixler (Rappaport, Lary) (aje). (Entered: April 30, 2008)
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| May 5, 2008 |
13
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MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's Special Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of
the California Code of Civil Procedure)(Davidson, Clifford) Modified on 5/6/2008, incorrect courtroom listed on pleading (aje). (Entered: May 5, 2008)
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| May 5, 2008 |
14
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MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Bert Deixler. (Attachments: # 1 Memo of Points and Authorities in Support of Deixler's Special Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of
the California Code of Civil Procedure)(Davidson, Clifford) Modified on 5/6/2008 incorrect courtroom number listed on pleading (aje). (Entered: May 5, 2008)
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| May 5, 2008 |
15
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DECLARATION re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit Exhibits A through G)(Davidson,
Clifford) (aje). (Entered: May 5, 2008)
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| May 5, 2008 |
16
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DECLARATION re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A)(Davidson, Clifford) (aje).
(Entered: May 5, 2008)
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| May 5, 2008 |
17
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CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 16 Declaration, 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 15 Declaration, 14 MOTION to Strike Plaintiff's Complaint Pursuant to
Section 425.16 of the California Code of Civil Procedure (Davidson, Clifford) (aje). (Entered: May 5, 2008)
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| May 5, 2008 |
18
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ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz for all further proceedings. Judge Thomas J. Whelan no longer assigned to case. New Case number
08cv0736-BTM(JMA). Signed by Judge Barry Ted Moskowitz on 5/1/08. Signed by Thomas J. Whelan on 5/2/08. (vet) (Entered: May 6, 2008)
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| May 8, 2008 |
19
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NOTICE: Plaintiff's Response to Defendant's Notice of Removal From the Superior Court of the State of California for the County of San Diego by Kevin Vanginderen. (vet) (Entered:
05/08/2008)
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| May 12, 2008 |
20
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ORDER RE: Plaintiff's Response to Removal. Signed by Judge Barry Ted Moskowitz on 5/12/08. (vet) (Entered: May 13, 2008)
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| June 4, 2008 |
21
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MOTION to Amend Complaints by Kevin Vanginderen. (vet) (Entered: June 5, 2008)
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| June 4, 2008 |
22
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OBJECTION to All of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet) (Entered: June 5, 2008)
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| June 4, 2008 |
23
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RESPONSE in Opposition re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of
Civil Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure filed by Kevin Vanginderen. (vet) (Entered: June 5, 2008)
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| June 5, 2008 |
24
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ORDER Granting Request 21 for Leave to Amend Complaint. Plaintiff shall file his First Amended Complaint within 10 days of the
entry of this order. Signed by Judge Barry Ted Moskowitz on 6/5/08. (vet) (Entered: June 5, 2008)
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| June 13, 2008 |
25
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FIRST AMENDED COMPLAINT against Cornell University, Bert Deixler, filed by Kevin Vanginderen.(jpp) (Entered: June 13, 2008)
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| June 26, 2008 |
26
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REPLY re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil
Procedure filed by Cornell University, Bert Deixler. (Davidson, Clifford) (vet). (Entered: June 26, 2008)
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| June 26, 2008 |
27
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DECLARATION re 26 Reply, of Clifford S. Davidson in Further Support of Defendants' Special Motions to Strike Plaintiff's
Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A and B)(Davidson, Clifford) (vet). (Entered: June 26, 2008)
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| June 26, 2008 |
28
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DECLARATION re 26 Reply, of Timothy Stanley in Further Support of Defendants' Special Motions to Strike Plaintiff's
Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Davidson, Clifford) (vet). (Entered: June 26, 2008)
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| June 26, 2008 |
29
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OBJECTION by Cornell University, Bert Deixler re 23 Response in Opposition to Motion, to Affidavit of Plaintiff Kevin
Vanginderen in Support of Plaintiff's Opposition (Davidson, Clifford) (vet). (Entered: June 26, 2008)
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| June 26, 2008 |
30
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CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 27 Declaration, 29 Objection, 26 Reply, 28 Declaration, (Davidson, Clifford) (vet). (Entered: June 26, 2008)
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| June 30, 2008 |
31
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MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell
University (Attachments: # 1 Memo of Points and Authorities in support of Cornell's Special Motion to Strike Plaintiff's First
Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) Modified on 6/30/2008 edit text for counsel(joeh). (Entered: June 30, 2008)
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| June 30, 2008 |
32
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MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Bert
Deixler. (Attachments: # 1 Memo of Points and Authorities in support of Bert Deixler's Special Motion to Strike Plaintiff's
First Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) (vet). (Entered: June 30, 2008)
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| June 30, 2008 |
33
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DECLARATION of Timothy Stanley in Support re 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure and 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16
of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit
A)(Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet). (Entered: June 30, 2008)
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| June 30, 2008 |
34
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DECLARATION of Clifford S. Davidson in Support re 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure and 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16
of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A through
C)(Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet). (Entered: June 30, 2008)
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| June 30, 2008 |
35
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CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure, 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16
of the California Code of Civil Procedure, 33 Declaration and 34
Declaration (Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet). (Entered: June 30, 2008)
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| August 5, 2008 |
36
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OBJECTION to all of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet) (Entered: August 5, 2008)
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| August 8, 2008 |
37
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Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Memo of P and A in Opposition to Defts' Motion from Plaintiff Kevin Vanginderen, non-compliance with local rule 7.1 or
47.1. (All non-registered users served via U.S. Mail Service).(vet) (Entered: August 8, 2008)
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| August 8, 2008 |
38
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Plaintiff's Memorandum of Points and Authorities in Opposition of Defendants' Special Motions to Strike Plaintiff's First Amended Complaint Pursuant to Section 425.16 of the California
Code of Civil Procedure filed by Kevin Vanginderen. NUNC PRO TUNC 8/5/08. (vet) (Entered: August 8, 2008)
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| August 12, 2008 |
39
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REPLY to Response to Motion re 31 and 32 MOTION to Strike
25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell University, Bert
Deixler. (Davidson, Clifford) Modified on 8/15/2008 - clarify text (vet). (Entered: August 12, 2008)
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| August 12, 2008 |
40
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OBJECTION by Cornell University, Bert Deixler to Affidavit of Plaintiff Kevin Vanginderen in Support of Plaintiff's Memorandum of Points and Authorities in Opposition of Defendants'
Special Motions to Strike Plaintiff's First Amended Complaint. (Davidson, Clifford) Modified on 8/15/2008 - clarify text (vet). (Entered: August 12, 2008)
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| August 12, 2008 |
41
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CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 40 Objection, 39 Reply to Response to Motion,, (Davidson, Clifford) (vet). (Entered: August 12, 2008)
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| August 20, 2008 |
42
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NOTICE: Motion Hearing scheduled for 8/22/08 11:00 AM before District Judge Barry Ted Moskowitz is taken under submission. No appearances necessary. (ibf) (Entered: August 20, 2008)
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| August 22, 2008 |
43
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MINUTE ORDER submitting 32 Motion to Strike. Court to issue order. (ibf) (Entered: August 25, 2008)
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| January 6, 2009 |
44
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ORDER Granting Defandants' Special Motions to Strike. This action is dismissed with prejudice. Any motion for attorney's fees must be brought within 30 days of this order. Signed by Judge
Barry Ted Moskowitz on 1/6/09. (All non-registered users served via U.S. Mail Service).(vet) (Entered: January 6, 2009)
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| January 6, 2009 |
45
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CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Cornell University, Bert Deixler against Kevin Vanginderen. (All non-registered users served via U.S. Mail
Service).(vet) (Entered: January 6, 2009)
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| January 9, 2009 |
46
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NOTICE OF APPEAL as to 45 Clerk's Judgment by Kevin Vanginderen. (Filing Fee: Paid, Receipt No. 158851). (akr) (Entered:
01/12/2009)
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| January 12, 2009 |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal. (akr) (Entered: January 12, 2009)
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| January 14, 2009 |
47
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USCA Case Number 09-55053 for 46 Notice of Appeal filed by Kevin Vanginderen. (akr) (Entered: January 14, 2009)
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| January 14, 2009 |
48
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USCA Time Scheduling Order as to 46 Notice of Appeal filed by Kevin Vanginderen. (akr) (Entered: January 14, 2009)
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| January 15, 2009 |
49
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BILL OF COSTS submitted by Defendants Cornell University, Bert Deixler in the amount of $ 749. (Attachments: # 1 Notice to
Plaintiff of Joint Application to the Clerk to Tax Costs by Defendants Cornell University and Bert Deixler, # 2 Declaration of
Clifford S. Davidson in Support of Joint Application to the Clerk to Tax Costs by Defendants Cornell University and Bert Deixler, # 3 Proof of Service)(Davidson, Clifford) (vet). (Entered: January 15, 2009)
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| January 15, 2009 |
50
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NOTICE: A Bill of Costs 49 was filed by defendants Cornell University and Bert Deixler scheduling a hearing for February 3,
2009 at 10:00 am. Any opposition to this Bill of Costs is to be filed by close of business on January 30, 2009. All parties requesting to appear telephonically for this hearing are
directed to join on a conference call then contact N. Prewitt (619-557-6415) at the time of the hearing. (All non-registered users served via U.S. Mail Service).(nsp) (Entered:
01/15/2009)
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| January 20, 2009 |
51
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MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in support of Cornell's
Motion for Attorneys' Fees, # 2 Declaration of Bert Deixler in Support of Cornell's Motion for Attorneys' Fees, # 3 Declaration of Clifford S. Davidson in Support of Cornell's Motion for Attorneys' Fees, # 4 Exhibit A through C to Davidson Declaration in Support of Cornell's Motion for Attorneys' Fees, # 5 Proof of Service)(Davidson, Clifford) (vet). (Entered: January 20, 2009)
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| January 27, 2009 |
52
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NOTICE: Plaintiff's Opposition to 49 Defendants Bill of Costs by Kevin Vanginderen. (vet) (Entered: January 27, 2009)
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| February 3, 2009 |
53
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Costs Taxed in amount of $464.15 against Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp) (Entered: February 3, 2009)
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| February 5, 2009 |
54
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TRANSCRIPT REQUEST by Kevin Vanginderen: No Transcripts Designated re 46 Notice of Appeal. (akr) (Entered: February 5, 2009)
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| February 5, 2009 |
55
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Certificate of Record transmitted to USCA re 46 Notice of Appeal. (akr) (Entered: February 5, 2009)
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| February 5, 2009 |
56
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RESPONSE in Opposition re 51 MOTION for Attorney Fees filed by Kevin Vanginderen. (vet) (Entered: February 5, 2009)
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| February 9, 2009 |
57
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REPLY to Response to Motion re 51 MOTION for Attorney Fees (with Certificate of Service) filed by Cornell University,
Bert Deixler. (Roth, Nelson) Modified on 2/10/2009 - Atty e-mailed re s/signature (vet). (Entered: February 9, 2009)
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| March 13, 2009 |
58
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MINUTE ORDER submitting 51 Motion for Attorney Fees (tml) (Entered: March 13, 2009)
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| March 16, 2009 |
59
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ORDER Granting In Part and Denying In Part 51 Motion for Attorney's Fees. The Court awards Cornell attorney's fees in the
amount of $26,862.50. The Clerk shall enter judgment accordingly. However, the Court STAYS enforcement of the judgment pending the appeal of this case. Signed by Judge Barry Ted Moskowitz
on 3/16/09. (All non-registered users served via U.S. Mail Service).(vet) (jrl). (Entered: March 16, 2009)
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| March 16, 2009 |
60
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CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Cornell University against Kevin Vanginderen. (All non-registered users served via U.S. Mail Service).(vet)
(jrl). (Entered: March 16, 2009)
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| March 24, 2009 |
61
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NOTICE of Change of Address by Kevin Vanginderen. (vet) (Entered: March 24, 2009)
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| March 25, 2009 |
62
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NOTICE of USCA Receipt of Certificate of Record re 46 Notice of Appeal filed by Kevin Vanginderen. USCA Case Number 09-55053.
(akr) (Entered: March 25, 2009)
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| May 20, 2009 |
63
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ORDER of USCA as to 46 Notice of Appeal filed by Kevin Vanginderen. Appellant's unopposed motion to consolidate Nos. 08-56020
and 09-55053 is granted. If appellant in No. 09-55053 has not already done so, within 14 days from the date of order, appellant shall correct the opening brief deficiency. Failure to do
so may result in the automatic dismissal of the case. The remaining current briefing schedule in No. 09-55053 shall remain in effect. (akr) (Entered: May 21, 2009)
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