Talley v. Chanson et al

California Southern District Court
Judge:Cathy Ann Bencivengo
Referred: Barbara Lynn Major
Case #: 3:13-cv-01238
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1331pi Fed. Question: Personal Injury
Case Filed:May 28, 2013
Terminated:Feb 25, 2015
Last checked: Sunday Jan 04, 2015 6:47 AM PST
Defendant
Blue Mist Media, LLC
Defendant
Kevin C. Bollaert
Defendant
Eric S. Chanson
an individual 21 Coneflower Lane
Princeton Junction, NJ 08550
Plaintiff
Abigail Talley
Represented By
Marc J. Randazza
Randazza Legal Group
contact info
Christopher A. Harvey
Randazza Legal Group
contact info
TERMINATED PARTIES
Defendant
Amy L. Chanson
Terminated: 06/17/2014
21 Coneflower Lane
Princeton Junction, NJ 08550
Defendant
Roy E. Chanson
Terminated: 06/17/2014
an individual 21 Coneflower Lane
Princeton Junction, NJ 08550


Docket last updated: 44 minutes ago
Wednesday, February 26, 2025
45 45 service Certificate of Service Wed 02/26 2:27 PM
CERTIFICATE OF SERVICE by Abigail Talley re44 Renewal of Judgment (Shepard, Alex) (anh)
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Tuesday, February 25, 2025
44 44 notice Renewal of Judgment Tue 02/25 12:43 PM
Renewal of Judgment by Abigail Talley(anh)
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Att: 1 Notice
43 43 misc Application for Renewal of Judgment Tue 02/25 12:13 PM
Application for Renewal of Judgment by Abigail Talley re41 Default Judgment,,,,, .(Shepard, Alex) (anh)
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Att: 1 Memo of Points and Authorities,
Att: 2 Declaration,
Att: 3 Notice,
Att: 4 Renewal of Judgment by Clerk
42 42 notice Notice of Appearance Tue 02/25 11:43 AM
NOTICE of Appearance by Alex Shepard on behalf of Abigail Talley (Shepard, Alex)Attorney Alex Shepard added to party Abigail Talley(pty:pla) (anh)
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Wednesday, February 25, 2015
41 41 order Judgment - Default Wed 02/25 2:31 PM
DEFAULT JUDGMENT in favor of Abigail Talley against Eric S. Chanson, Kevin C. Bollaert. Plaintiff's motion for default judgment is granted. The Clerk of Court enters default judgment totaling $900,000 as follows: 1. Judgment should be entered in favor of Plaintiff and against Kevin Bollaert for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Bollaert shall be severally liable for payment of this entire $450,000. 2. Judgment should be entered in favor of Plaintiff and against Eric Chanson for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Chanson shall be severally liable for payment of this entire $450,000. 3. A permanent injunction as to both Defendants: a. Enjoining them from using any photographs of Plaintiff; and b. Requiring them to destroy any and all copies of photographs of Plaintiff still in their possession.(All non-registered users served via U.S. Mail Service)(cxl)
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40 40 order Order on Motion for Default Judgment Order on Motion to Amend/Correct Wed 02/25 1:53 PM
ORDER Granting Motion for Default Judgment againt Defendants Eric Chanson and Kevin Bollaert (Doc. No.36 ). Plaintiff's motion for default judgment is granted. The Clerk of Court is instructed to enter default judgment totaling $900,000 as follows: 1. Judgment should be entered in favor of Plaintiff and against Kevin Bollaert for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Bollaert shall be severally liable for payment of this entire $450,000. 2. Judgment should be entered in favor of Plaintiff and against Eric Chanson for a total of $450,000, consisting of (a) minimum statutory damages of $150,000 under 18 U.S.C. § 2255; (b) punitive damages of $150,000 under 18 U.S.C. § 2252A(f)(2)(B); and (c) compensatory damages for mental anguish for violation of California Civil Code § 3344(a). Chanson shall be severally liable for payment of this entire $450,000. 3. A permanent injunction as to both Defendants: a. Enjoining them from using any photographs of Plaintiff; and b. Requiring them to destroy any and all copies of photographs of Plaintiff still in their possession. It is further ordered that if Plaintiff wants to seek attorneys fees because the Court is not awarding the full amount of the default judgment requested in her motion, she shall file a motion to that effect on or before March 10, 2015. Signed by Judge Cathy Ann Bencivengo on 2/25/2015. (All non-registered users served via U.S. Mail Service)(cxl)
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Friday, January 16, 2015
39 39 minutes ~Util - Terminate Motion and R&R Deadlines/Hearings Order Fri 01/16 1:34 PM
MINUTE ORDER: The court VACATES the hearing on plaintiff's motion for default judgment (Doc.Nos.36 ,38 ). If upon further review the court determines that oral argument is necessary, the court will notice a hearing. (All non-registered users served via U.S. Mail Service)(cxl)
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Tuesday, December 02, 2014
38 38 motion Amend/Correct Tue 12/02 4:12 PM
Amended MOTION to Amend/Correct36 MOTION for Default Judgment against Eric S. Chanson; and Kevin C. Bollaert by Abigail Talley. (Randazza, Marc) (cxl).
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37 37 minutes ~Util - Terminate Motion and R&R Deadlines/Hearings Order ~Util - Set Motion and R&R Deadlines/Hearings Tue 12/02 11:28 AM
MINUTE ORDER: On December 1, 2014, plaintiff filed a motion for default judgment (Doc. No.36 ). In noticing the hearing for the motion, plaintiff misidentified the year. The hearing is scheduled for January 22, 2015, at 2:30 p.m., not for January 22, 2014. No later than Friday, December 5, 2014, plaintiff shall file a corrected notice and serve the corrected notice on defendants.(All non-registered users served via U.S. Mail Service)(cxl)
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Monday, December 01, 2014
36 36 motion Default Judgment Mon 12/01 12:04 PM
MOTION for Default Judgment against Eric S. Chanson; and Kevin C. Bollaert by Abigail Talley.(Randazza, Marc)Attorney Marc J. Randazza added to party Abigail Talley(pty:pla) (cxl).
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Att: 1 Exhibit
Tuesday, June 17, 2014
35 35 Clerk's ENTRY OF DEFAULT as to Eric S. Chanson (All non-registered users served via U.S. Mail Service)(yeb)
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34 34 ORDER granting32 Motion for Entry of Default; granting33 Motion to Dismiss Party. The court dismisses with prejudice all claims asserted against defendants Roy Chanson and Amy Chanson. Default is entered as to defendant Eric S. Chanson. Signed by Judge Cathy Ann Bencivengo on 06/17/2014. (All non-registered users served via U.S. Mail Service)(yeb)
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33 33 Joint MOTION to Dismiss Party Re: Joint Stipulation for Dismissal With Prejudice As To Roy E. Chanson and Amy L. Chanson by Abigail Talley. (Harvey, Christopher) (yeb).
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Thursday, June 05, 2014
32 32 MOTION for Entry of Default by Abigail Talley.(Harvey, Christopher) (rlu).
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Att: 1 Declaration of Christopher Harvey,
Att: 2 Exhibit A
Wednesday, May 07, 2014
31 31 ORDER denying5 Motion to Dismiss; denying7 Motion to Dismiss; denying14 Motion for Sanctions; denying30 Motion to Supplement. It is so ordered Defendant Eric Chansons motion to dismiss [Doc. No.5 ] is denied, as is themotion to dismiss for lack of personal jurisdiction of Amy Chanson and Roy Chanson. [Doc. No.7 .] In addition, Amy and Roy Chansons motion for Rule 11 sanctions is denied. [Doc. No.14 .] Finally, because the court has denied Eric Chansons motion]to dismiss, plaintiffs motion to supplement her opposition to that motion [Doc. No.30 ] is denied as moot. Signed by Judge Cathy Ann Bencivengo on 05/07/2014. (All non-registered users served via U.S. Mail Service)(yeb)
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Wednesday, December 11, 2013
30 30 MOTION to Supplement Plaintiff's Opposition to Defendant Eric Chanson's Motion to Dismiss by Abigail Talley.(Harvey, Christopher) (yeb).
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Att: 1 Declaration of Christopher Harvey,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C
Friday, November 15, 2013
29 29 SUR-REPLY - re16 Response in Opposition to Motion,17 Response in Opposition to Motion,18 Response in Opposition to Motion, filed by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 11/12/2013. (yeb)
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28 28 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Surreply to Plaintiffs Opposition to Motion to Dismiss and Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 11/15/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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27 27 Clerk's ENTRY OF DEFAULT as to Kevin C. Bollaert. (All non-registered users served via U.S. Mail Service)(yeb) (jrl).
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Thursday, November 14, 2013
26 26 REQUEST FOR ENTRY OF CLERK Entry of Default by Abigail Talley.(Harvey, Christopher) (yeb). QC Mailer sent for wrong event used.
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Att: 1 Declaration of Christopher Harvey,
Att: 2 Exhibit A,
Att: 3 Exhibit B
Tuesday, November 12, 2013
25 25 MINUTE ORDER: The motions to dismiss of defendants Roy E. Chanson, Amy L. Chanson, and Eric S. Chanson [Doc. Nos.5 ,7 ] are currently scheduled for hearing on Friday, November 15, 2013, at 3:00 p.m. Also scheduled for hearing at that time is Roy Chanson and Amy Chansons motion for sanctions. [Doc. No.14 .] The court finds these motions suitable for submission without oral argument. See CivLR 7.1(d)(1). Accordingly, the court vacates the hearing on these motions.(All non-registered users served via U.S. Mail Service)(yeb)
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Monday, November 04, 2013
24 24 ORDER granting23 Motion for Leave to Appear Telephonic at the Hearing scheduled for November 15, 2013 [Doc. No.23 ]. Defendants Roy E. Chansonand Amy L. Chanson may appear telephonically at the November 15, 2013 hearing. Signed by Judge Cathy Ann Bencivengo on 11/4/2013. (All non-registered users served via U.S. Mail Service)(yeb)
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23 23 Ex Parte MOTION for Leave to Appear Telephonic at the November 15, 2013 hearing by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 10/31/2013. (yeb)
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22 22 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Ex Parte Application for Telephonic Appearance from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 11/1/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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Wednesday, October 30, 2013
21 21 NOTICE re14 MOTION for Sanctions by Amy L. Chanson, Roy E. Chanson (All non-registered users served via U.S. Mail Service)(yeb) Nunc pro tunc 10/25/2013.
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20 20 NOTICE re7 MOTION to Dismiss by Amy L. Chanson, Roy E. Chanson (All non-registered users served via U.S. Mail Service)(yeb) Nunc pro tunc 10/25/2013.
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19 19 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Amended Motion to Dismiss and Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 10/29/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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Tuesday, October 29, 2013
18 18 RESPONSE in Opposition re14 MOTION for Sanctions filed by Abigail Talley.(Harvey, Christopher) (yeb).
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Declaration of Ronald D. Green,
Att: 6 Declaration of Marc J. Randazza,
Att: 7 Exhibit 1 to Green Declaration,
Att: 8 Exhibit 2 to Green Declaration,
Att: 9 Exhibit 3 to Green Declaration,
Att: 10 Exhibit 4 to Randazza Declaration
17 17 RESPONSE in Opposition re7 MOTION to Dismiss filed by Abigail Talley.(Harvey, Christopher) (yeb).
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Declaration of Ronald D. Green,
Att: 5 Exhibit 1 to Green Declaration,
Att: 6 Exhibit 2 to Green Declaration,
Att: 7 Exhibit 3 to Green Declaration
16 16 RESPONSE in Opposition re5 MOTION to Dismiss filed by Abigail Talley.(Harvey, Christopher) (yeb).
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Thursday, October 17, 2013
15 15 MINUTE ORDER: Defendants Amy L. Chanson and Roy E. Chanson have filed a Motion for Sanctions Pursuant to Rule 11, filed nunc pro tunc to September 27, 2013. [Doc. No.14 .] The court schedules this motion for hearing on Friday, November 15, 2013, at 3:00 p.m., the time already set for hearing on the two pending motions to dismiss. [Doc. No.5 ,7 .] Defendants are cautioned that the court may strike any future motion if defendants fail to obtain a hearing date from Judge Bencivengos law clerk before filing the motion.(All non-registered users served via U.S. Mail Service)(yeb)
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Wednesday, October 02, 2013
14 14 MOTION for Sanctions by Amy L. Chanson, Roy E. Chanson. Nunc pro tunc 09/27/2013. (yeb)
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13 13 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion for Sanctions from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 10/1/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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Tuesday, September 24, 2013
12 12 ORDER Granting11 Motion for Extension of Time to File. Plaintiff shall have up to and including October 5, 2013, to complete service on all defendants. Signed by Judge Cathy Ann Bencivengo on 9/24/2013. (All non-registered users served via U.S. Mail Service)(yeb)(jrd)
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Monday, September 23, 2013
11 11 MOTION for Extension of Time to File to serve Defendant Kevin Bollaert and Defendant Blue Mist Media, LLC by Abigail Talley.(Harvey, Christopher) (yeb).
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Att: 1 Declaration of Christopher A. Harvey,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E
Wednesday, September 18, 2013
10 10 SUMMONS Returned Executed by Abigail Talley. Kevin C. Bollaert served. (Harvey, Christopher) (yeb).
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Wednesday, September 11, 2013
9 9 MINUTE ORDER: The court is in receipt of the motions to dismiss of defendants Amy L. Chanson and Roy E. Chanson [Doc. No.7 ] and of defendant Eric S. Chanson [Doc. No.5 .] Moving defendants failed to obtain a hearing date from the court. Accordingly, the court schedules a hearing on these motions for Friday, November 15, 2013 at 3:00 p.m., in Courtroom 4C.(All non-registered users served via U.S. Mail Service)(yeb)(jrd)
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8 8 NOTICE of Change of Address by Christopher A. Harvey (Harvey, Christopher) (yeb).
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Tuesday, September 10, 2013
7 7 MOTION to Dismiss Complaint by Amy L. Chanson, Roy E. Chanson. Nunc Pro Tunc 9/3/2013(yeb) (Attachment 2 replaced on 9/10/2013) (yeb).
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Att: 1 Declaration of Amy L. Chanson,
Att: 2 Declaration of Roy Chanson
6 6 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion to Dismiss Complaint from Amy L. Chanson, Roy E. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 09/9/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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5 5 MOTION to Dismiss by Eric S. Chanson. Nunc Pro Tunc 09/03/2013(yeb)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Exhibit 8,
Att: 9 Exhibit 9,
Att: 10 Exhibit 10,
Att: 11 Exhibit 11,
Att: 12 Exhibit 12,
Att: 13 Exhibit 13
4 4 Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Motion to Dismiss Complaint from Eric S. Chanson. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Improper format. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Cathy Ann Bencivengo on 09/09/2013.(All non-registered users served via U.S. Mail Service)(yeb)
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Tuesday, August 27, 2013
3 3 SUMMONS Returned Executed by Abigail Talley. Amy L. Chanson, Eric S. Chanson, Roy E. Chanson served. (Harvey, Christopher) (yeb).
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Tuesday, May 28, 2013
2 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kcm)
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1 1 15 pgs COMPLAINT with Jury Demand against Blue Mist Media, LLC, Kevin C. Bollaert, Amy L. Chanson, Eric S. Chanson, Roy E. Chanson (Filing fee $ 400 receipt number 0974-5942997) filed by Abigail Talley. The new case number is 3:13-cv-1238-CAB-BLM. Judge Cathy Ann Bencivengo and Magistrate Judge Barbara Lynn Major are assigned to the case. (Harvey, Christopher)(kcm).
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Att: 1 Civil Case Cover Sheet,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Exhibit 3,
Att: 5 Exhibit 4