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Case TitleOliver B Mitchell III v. Octapharma AG et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv03610
Date Filed2019-04-30
Date Closed2019-05-16
JudgeJudge Percy Anderson
PlaintiffOliver B Mitchell, III
Case DescriptionOliver Mitchell submitted a request for records to Octapharma AG for records concerning his plasma donations through its attorneys, Stafford, Owens, Piller, Murane, Kelleher& Trombley, PLLC. After the law firm failed to respond, Mitchell filed suit. This is not a FOIA claim.
Complaint issues: FOIA not mentioned

DefendantOctapharma AG
DefendantStafford, Owens, Piller, Murane, Kelleher and Trombley, PLLC
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-301COMPLAINT against Defendants Octapharma AG, Stafford, Owens, Piller, Murane, Kelleher and Trombley, PLLC. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Jean P. Rosenbluth, filed by plaintiff Oliver B Mitchell, III. (Attachments: # 1 Civil Cover Sheet, # 2 30 Days Summon not issue). (jp) (Entered: 05/02/2019)
2019-04-302CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Oliver B Mitchell, III. (jp) (Entered: 05/02/2019)
2019-04-303REQUEST to Proceed In Forma Pauperis With Declaration in Support filed by plaintiff Oliver B Mitchell, III. (jp) (Entered: 05/02/2019)
2019-04-304NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jean P. Rosenbluth. (jp) (Entered: 05/02/2019)
2019-04-305NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) (Entered: 05/02/2019)
2019-05-036ORDER by Magistrate Judge Jean P. Rosenbluth: granting 3 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). (sbou) (Entered: 05/03/2019)
2019-05-037STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo) (Entered: 05/03/2019)
2019-05-038SELF-REPRESENTATION ORDER by Judge Percy Anderson. (See document for details) (mrgo) (Entered: 05/03/2019)
2019-05-039MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Because Plaintiff has brought FOIA claims against Octapharma and Stafford Owens, neither of which appears to be an "agency" for purposes of FOIA, this action appears to be "frivolous" for purposes of 28 U.S.C. § 1915(e)(2). The Court therefore orders Plaintiff to show cause in writing why: (1) his permission to proceed in forma pauperis should not be revoked and why he should not be required to pay the full filing fee before being allowed to continue to pursue this action; and (2) why this action should not be dismissed as frivolous. Plaintiff's response to this Order to Show Cause shall be filed no later than May 20, 2019. (mrgo) (Entered: 05/06/2019)
2019-05-031030 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendants Octapharma AG, Stafford, Owens, Piller, Murane, Kelleher and Trombley, PLLC. (sbou) (Entered: 05/06/2019)
2019-05-1511RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff Oliver B Mitchell, III re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines, 9 . (mrgo) (Entered: 05/16/2019)
2019-05-1512PROOF OF SERVICE filed by plaintiff Oliver B Mitchell, III, re Response 11 served on 5/14/2019. (mrgo) (Entered: 05/16/2019)
2019-05-1613MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of these reasons, the Court concludes that Plaintiff's Complaint is frivolous and fails to state a claim. Plaintiff's Complaint is therefore subject to dismissal pursuant to 28 U.S.C. § 1915(e). Plaintiff has failed to indicate how he could amend his Complaint to state a viable federal claim against Octapharma or Stafford Owens. The Court therefore concludes that leave to amend would be futile and dismisses this Complaint without leave to amend. The Court has not considered what, if any, remedies Plaintiff may possess under state law in state court. The Court therefore dismisses this action without prejudice. The Court will issue a Judgment of Dismissal consistent with this Order. (mrgo) (Entered: 05/16/2019)
2019-05-1614JUDGMENT OF DISMISSAL by Judge Percy Anderson, Related to: Minutes of In Chambers Order/Directive - no proceeding held, 13 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the action filed by Plaintiff is dismissed without prejudice. (MD JS-6, Case Terminated). (mrgo) (Entered: 05/16/2019)
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