RIGGS v. MYSPACE, INC. et al

Plaintiff:JULIE C. RIGGS
Defendant:MYSPACE, INC., NEWS CORPORATION and TOM ANDERSON
 
Case Number:3:2008cv00247
Filed:October 24, 2008
 
Court:Pennsylvania Western District Court
Office:Contract: Other Office [ Court Info ]
County:Somerset
Presiding Judge: Kim R. Gibson
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Breach of Contract
Date Filed # Docket Text
October 24, 2008 1 COMPLAINT against MYSPACE, INC., NEWS CORPORATION, and TOM ANDERSON ( Filing fee $ 350; receipt number 09000021), filed by JULIE C. RIGGS. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) (cen) (Entered: October 24, 2008)
October 24, 2008 2 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dlg) (Entered: October 24, 2008)
December 18, 2008 3 NOTICE of Change of Address by JULIE C. RIGGS (cen) (Entered: December 19, 2008)
December 29, 2008 4 MOTION to Dismiss for Improper Venue or in the Alternative, MOTION to Transfer Case by MYSPACE, INC., NEWS CORPORATION. (Attachments: # 1 Proposed Order, # 2 Proposed Order Alternative) (Rydstrom, Kirsten) (Entered: December 29, 2008)
December 29, 2008 5 BRIEF in Support re 4 Motion to Dismiss, Motion to Transfer Case filed by MYSPACE, INC., NEWS CORPORATION. (Attachments: # 1 Exhibit A and B) (Rydstrom, Kirsten) (Entered: December 29, 2008)
December 29, 2008 6 Disclosure Statement identifying Fox Interactive Media, Inc. as corporate parent or other affiliate, by MYSPACE, INC. (Rydstrom, Kirsten) Modified on 12/30/2008. (jjg) (Entered: 12/29/2008)
December 29, 2008 7 Disclosure Statement identifying None as corporate parent or other affiliate, by NEWS CORPORATION. (Rydstrom, Kirsten) (Entered: December 29, 2008)
December 30, 2008 8 WAIVER OF SERVICE Returned Executed by JULIE C. RIGGS. MYSPACE, INC. waiver sent on 10/29/2008, answer due 12/29/2008. (Attachments: # 1 Certificate of Service, # 2 Envelope) (jjg) (Entered: December 30, 2008)
December 30, 2008 9 WAIVER OF SERVICE Returned Executed by JULIE C. RIGGS. NEWS CORPORATION waiver sent on 10/29/2008, answer due 12/29/2008. (Attachments: # 1 Certificate of Service, # 2 Envelope) (jjg) (Entered: December 30, 2008)
January 6, 2009 10 SUMMONS/Return of Service Returned Executed by JULIE C. RIGGS. TOM ANDERSON served on 12/16/2008, answer due 1/5/2009. (Attachments: # 1 Cover Letter) (cen) (Entered: January 8, 2009)
January 7, 2009 11 BRIEF in Opposition re 4 Motion to Dismiss, Motion to Transfer Case filed by JULIE C. RIGGS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (cen) (Entered: January 8, 2009)
January 9, 2009 12 REQUEST by JULIE C. RIGGS for entry of DEFAULT against TOM ANDERSON. (Attachments: # 1 Affidavit in Support, # 2 Proposed Entry of Default) (cen) (Entered: January 9, 2009)
January 9, 2009 13 CLERK'S ENTRY OF DEFAULT as to TOM ANDERSON (cen) (Entered: January 9, 2009)
January 13, 2009 14 MOTION to Set Aside Default by TOM ANDERSON. (Attachments: # 1 Proposed Order) (Rydstrom, Kirsten) (Entered: January 13, 2009)
January 13, 2009 15 BRIEF in Support re 14 Motion to Set Aside Default filed by TOM ANDERSON. (Attachments: # 1 Exhibit A) (Rydstrom, Kirsten) (Entered: January 13, 2009)
January 15, 2009 16 MOTION for Leave to File Reply To Plaintiff's 11 Opposition to Defendants' 4 Motion to Dismiss for Improper Venue or, In the Alternative, Motion to Transfer Action by MYSPACE, INC., NEWS CORPORATION. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Rydstrom, Kirsten) Modified on 1/16/2009. (cen) (Entered: January 15, 2009)
January 16, 2009 17 ORDER granting 16 Motion for Leave to File Reply Brief in further support of their 4 Motion to Dismiss for Improper Venue or, in the Alternative, Motion to Transfer Action. Signed by Judge Kim R. Gibson on 1/16/2009. (krt) Modified on 1/20/2009. (cen) (Entered: January 16, 2009)
January 16, 2009 18 REPLY BRIEF by MYSPACE, INC., NEWS CORPORATION re 4 Motion to Dismiss, Motion to Transfer Case filed by MYSPACE, INC., NEWS CORPORATION. (Rydstrom, Kirsten) (Entered: January 16, 2009)
January 27, 2009 19 RESPONSE to 18 Reply Brief, filed by JULIE C. RIGGS. (cen) (Entered: January 29, 2009)
January 29, 2009 20 BRIEF in Opposition re 14 Motion to Set Aside Default filed by JULIE C. RIGGS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (cen) (Entered: January 29, 2009)
January 30, 2009 21 ORDER - It is hereby ordered that the Plaintiff's Brief at Document Number 19 shall be stricken by the Clerk of Court and removed from the docket in this matter on Monday, February 9, 2009 unless the Plaintiff files a motion for leave of Court prior to that date that seeks permission for said Brief to remain on the docket as filed. Signed by Judge Kim R. Gibson on 1/30/2009. (krt) (Entered: January 30, 2009)
February 4, 2009 22 MOTION for Permission for Plaintiff's 19 Response to Defendant's 18 Reply Brief to remain on the docket as filed, by JULIE C. RIGGS. (Attachments: # 1 Proposed Order) (cen) Modified on 2/5/2009. (cen) (Entered: February 4, 2009)
February 5, 2009 23 ORDER granting 22 Motion for Leave Seeking Permission for Plaintiff's Response to Defendants' Reply Brief to Remain on the Docket as Filed. Signed by Judge Kim R. Gibson on 2/5/09. (krt) (Entered: February 5, 2009)
May 1, 2009 24 MEMORANDUM OPINION and ORDER OF COURT granting in part and denying in part 4 Motion to Dismiss for Improper Venue or in the alternative, Motion to Transfer Action. Granted in Part pursuant to 28 U.S.C. Section 1406 and Denied in Part as to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. Section 1404. It is further Ordered that pursuant to 28 U.S.C. Section 1406, the Clerk of Court shall transfer this matter to the United States District Court for the Central District of California. It is further Ordered that ruling is deferred on Defendant Tom Anderson's Motion to Set Aside the Default (Document No. 14 ) so that United States District Court for the Central District of California may rule upon it as it is the court of choice set forth in the forum selection clause of the parties contract, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 4/30/2009. (dlg) (Entered: May 1, 2009)
May 1, 2009 Remark - case transferred to the Central District of California. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) (Entered: May 1, 2009)
May 1, 2009 Remark - copy of Memorandum Opinion and Order of Court forwarded by regular and certified mail to Julie C. Riggs on 5/1/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) (Entered: May 1, 2009)
May 1, 2009 Case electronically transferred to Central District of California. (dlg) (Entered: May 5, 2009)
May 22, 2009 25 Remark - Certified Mail envelope addressed to Julie C. Riggs returned, with copy of Memorandum Opinion and Order of Court dated 4/30/2009, marked Return to Sender, Unclaimed, Unable to Forward on 5/22/2009. (dlg) (Entered: May 22, 2009)
July 20, 2009 Remark: File opened in the Central District of California on 5/1/2009 at Case No. 2:09-cv-3073. (tt) (Entered: July 20, 2009)
Docket Report Last Checked: November 3, 2009 05:24:42 PST
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Plaintiff: JULIE C. RIGGS
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Defendant: MYSPACE, INC.
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Defendant: TOM ANDERSON
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