Randazza et al v. Cox et al
Filing
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ORDER Denying 202 Defendant's Motion to Dismiss. Signed by Judge Jennifer A. Dorsey on 4/15/2014. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARC J. RANDAZZA, an individual,
JENNIFER RANDAZZA, an individual, and
NATALIA RANDAZZA, an individual,
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Plaintiffs,
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Case No.: 2:12-cv-2040-JAD-PAL
Order Denying Defendant’s Motion to
Dismiss [Doc. 202]
v.
CRYSTAL COX, an individual, et al.
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Defendants.
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This case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer,
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and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed “investigative
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blogger.” The Randazzas allege that Cox registered thirty-two internet domains incorporating their
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names with the intent of then offering her services to rehabilitate Plaintiffs’ cyber-reputation caused
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by Cox’s own nefarious actions. In the 17-month life span of this case, Defendant Cox has filed
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more than 30 motions, and the deadline for filing dispositive motions ran January 10, 2014.1
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Nevertheless, and undaunted by the Court’s myriad orders in this case admonishing Cox of
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her obligation to comply with the rules and orders of this Court, on April 14, 2014, Cox filed a
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motion to dismiss Plaintiffs’ complaint for “fraud on the court.”2 In it, Cox makes unsubstantiated
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See Doc. 140 at 3.
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Doc. 202.
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Page 1 of 3
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allegations that “Randazza”3 “has lied to the court” and “under oath on many things over the last 1.7
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harassing years,” “to set [Cox] up for extortion. . . .”4 Cox asserts that “the docket clearly shows”
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that “Plaintiff has lied, bullied, [and] committed fraud on the courts throughout this case” with “flat
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out false testimony, false information and no basis of violations by Cox in any way.”5 Cox asks the
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Court to “send a clear message to Randazza and attorneys like him, that suing former clients . . . is a
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violation of their Free Speech and First Amendment rights” and “harassing them . . . is not lawful,
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not constitutional and will not be tolerated by this Court.”6 The Court declines Cox’s invitation to
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send this message.
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The motion is fatally late. All parties—whether represented by counsel or not—must comply
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with court orders.7 Cox has been reminded of this obligation ad nauseam. One such order is the
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Court’s Scheduling Order; Rule 16(f) requires all parties and their attorneys to comply with
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scheduling and other pretrial orders; judges may order appropriate sanctions for non-compliance.8
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The operative scheduling order in this case clearly sets January 10, 2014, as the last date to
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file dispositive motions.9 Motions to dismiss are dispositive motions. If Cox desired to file a motion
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to dismiss in this case, she was required to do so by January 10, 2014. As the Ninth Circuit Court of
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Appeals recognized in Johnson v. Mammoth Recreations, Inc.,10 district courts may deny late-filed
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motions when the movant has not sought to reopen the filing period. Cox’s three-month-late motion
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There are three Randazza plaintiffs, but Cox does not identify which Randazza she is referring
to, though the Court presumes it’s Marc.
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Doc. 202 at 1.
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Id. at 2.
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Id.
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See Lucas Auto. Eng’g., Inc. v. Bridgestone/Firestone, Inc., 275 F.3d 762, 769 (9th Cir. 2001).
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Doc. 140.
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See, e.g., Fed. R. Civ. P. 16(f).
975 F.2d 604, 610 (9th Cir. 1992).
Page 2 of 3
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was not accompanied by a request to reopen the filing period, and the Court cannot conceive of any
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reason that Cox could now provide (in light of her prolific motionwork to date and the constant re-
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urging of these very same recycled arguments) that would constitute good cause for excusing her late
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filing. The motion is denied, and Cox is cautioned that any future violations of the Court’s
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scheduling order or any other order may be met with monetary sanctions.
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Accordingly, it is HEREBY ORDERED that Defendant’s Motion to Dismiss [#202] is
DENIED.
DATED April 15, 2014.
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_________________________________
Jennifer A. Dorsey
United States District Judge
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