Modden v. Ticketfly
| Thomas Modden |
| Ticketfly |
| 3:2018cv06450 |
| October 24, 2018 |
| US District Court for the Northern District of California |
| Richard Seeborg |
| Kandis A Westmore |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 Letter dated 11/30/2018 from Tom Modden. (gbaS, COURT STAFF) (Filed on 12/7/2018) |
| Filing 39 OPPOSITION to ( #35 MOTION to Dismiss) filed by Thomas Modden. (gbaS, COURT STAFF) (Filed on 12/7/2018) |
| Filing 38 CLERK'S NOTICE THE MOTION [#35] SCHEDULED FOR HEARING ON DECEMBER 20, 2018 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 12/7/2018) Modified on 12/10/2018 (cl, COURT STAFF). The deputy clerk hereby certifies that on 12/10/18 a copy of this notice was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. |
| Filing 37 ADR Remark: ADR Phone Conference held on 11/13/2018 by Tamara Lange. (cmf, COURT STAFF) (Filed on 11/14/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 36 OPPOSITION/RESPONSE (re #25 MOTION to Appear by Telephone ) filed byTicketfly. (Attachments: #1 Certificate/Proof of Service)(Singh, Nitoj) (Filed on 11/13/2018) |
| Filing 35 MOTION to Dismiss filed by Ticketfly. Motion Hearing set for 12/20/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 11/27/2018. Replies due by 12/4/2018. (Attachments: #1 Certificate/Proof of Service)(Singh, Nitoj) (Filed on 11/13/2018) |
| Filing 34 CLERK'S NOTICE The Case Management Conference set for January 24, 2019 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 no later than January 17, 2019 to arrange their participation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 11/7/2018) Modified on 11/7/2018 (cl, COURT STAFF). The deputy clerk hereby certifies that on 11/7/18 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. |
| Filing 31 ADR Clerk's Notice Setting ADR Phone Conference on 11/13/2018 at 10:30 AM. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (Attachments: #1 Certificate/Proof of Service)(cmf, COURT STAFF) (Filed on 11/2/2018) |
| Filing 33 Letter dated 10/26/2018 from Thomas Modden. (Attachments: #1 Envelope) (gbaS, COURT STAFF) (Filed on 10/31/2018) |
| Filing 32 REQUEST for ADR Phone Conference by Thomas Modden. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 10/31/2018) |
| Filing 30 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Richard Seeborg upon reassignment. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Parties or counsel may appear personally at 10:00 a.m. or file a request to appear by telephone at 11:00 am. If any party files such a request to appear by telephone, the Case Management Conference shall be moved to 11:00 am to be held telephonically. All parties shall appear telephonically and must contact Court Conference at 866/582-6878 at least one week prior to the Conference.Case Management Statement due by 1/17/2019. Initial Case Management Conference set for 1/24/2019 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 10/31/2018)The deputy clerk hereby certifies that on 10/31/18 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. |
Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge Richard Seeborg for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 10/31/2018. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(jmlS, COURT STAFF) (Filed on 10/31/2018)
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| Filing 28 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (Attachments: #1 Certificate/Proof of Service). (sisS, COURT STAFF) (Filed on 10/31/2018) |
| Filing 27 CERTIFICATE OF SERVICE by Ticketfly re #26 Consent/Declination to Proceed Before a US Magistrate Judge (Singh, Nitoj) (Filed on 10/30/2018) |
| Filing 26 DECLINATION to Proceed Before a US Magistrate Judge by Ticketfly. (Singh, Nitoj) (Filed on 10/30/2018) Modified on 10/31/2018 (jmlS, COURT STAFF). |
| Filing 25 Notice of Motion and MOTION to Appear by Telephone and Venue Transfer filed by Thomas Modden. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 10/30/2018) |
| Filing 24 CASE MANAGEMENT STATEMENT filed by Thomas Modden. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 10/30/2018) |
| Filing 22 CLERK'S NOTICE regarding case transferred in from the Eastern District of New York. (Attachments: #1 Certificate/Proof of Service) (jmlS, COURT STAFF) (Filed on 10/24/2018) |
| Filing 21 Case transferred in from District of New York Eastern; Case Number 1:17-cv-04234. Case file, copy of transfer order and docket sheet received. Modified on 10/25/2018 (cjlS, COURT STAFF). |
| Filing 23 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/15/2019. Initial Case Management Conference set for 1/22/2019 01:30 PM. (jmlS, COURT STAFF) (Filed on 10/22/2018) |
| Case transferred to District of Northern District of California, San Francisco Division. Case Transferred via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Williams, Erica) |
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Filing 20
MEMORANDUM & ORDER: For the reasons set forth above, Defendant Ticketfly's October 18, 2017 motion #12 is GRANTED in part, and DENIED in part. Defendant's motion is granted to the extent it requests a transfer of venue and denied without prejudice to the extent that it seeks dismissal of the action. The Clerk of Court is respectfully directed to transfer this case to the Northern District of California, San Francisco Division. Ordered by Judge LaShann DeArcy Hall on 9/20/2018. (Valentin, Winnethka)
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| Filing 19 NOTICE of Change of Address by Thomas Modden. Address updated to 2242 Hylan Blvd. #63,Staten Island, NY 10306. (Williams, Erica) |
| Filing 18 Letter dated April 26, 2018 to Judge LaShann DeArcy Hall from pro se plaintiff Thomas Modden re: case. (Almonte, Giselle) Modified on 5/8/2018 (Valentin, Winnethka). |
| Filing 17 NOTICE of Change of Address to 1808 Hylan Blvd #1002 Staten Island, NY 10305 filed by Pro Se Plaintiff Thomas Modden. (Docket Sheet Updated) (Almonte, Giselle) |
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ORDER: In the Court's October 19, 2017 Order, the Court stated, "the Court does not intend to entertain any motion pursuant to Fed. R. Civ. P. 56 until after it has resolved Defendant's pending motion to dismiss #12 ." Thus, Plaintiff's letter motion #16 for a pre-motion conference in connection with his summary judgment motion is DENIED. The Clerk of the Court is directed to mail a copy of this Order to pro se litigant. Ordered by Judge LaShann DeArcy Hall on 10/27/2017. (Garrett, Ruby)
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| Filing 16 Letter MOTION for pre motion conference re: plaintiff's Motion for Summary Judgment by Thomas Modden. (Almonte, Giselle) |
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ORDER: In direct contravention of this Court's Individual Practices, Plaintiff served Defendant with a Cross Motion for Summary Judgment, dated September 14, 2017, without first requesting a pre-motion conference with the Court. The Court's Individual Practices will be strictly enforced and attempts to circumvent the practices set forth therein will not be tolerated. Moreover, the Court does not intend to entertain any motion pursuant to Fed. R. Civ. P. 56 until after it has resolved Defendant's pending motion to dismiss #12 . Defendant is hereby directed to disregard Plaintiff's Cross Motion for Summary Judgment. Defendant's letter motion #15 for a pre-motion conference in connection with Plaintiff's cross motion is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 10/19/2017. (Valentin, Winnethka)
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| Filing 15 Letter MOTION for pre motion conference re Plaintiff's Cross-Motion for Summary Judgment by Ticketfly. (Singh, Nitoj) |
| Filing 14 REPLY in Support re #12 MOTION to Dismiss filed by Ticketfly. (Attachments: #1 Declaration of Allison Brecklin (Supplemental), #2 Certificate of Service) (Singh, Nitoj) |
| Filing 13 MEMORANDUM in Opposition re #12 MOTION to Dismiss (as served by Plaintiff Thomas Modden) filed by Ticketfly. (Singh, Nitoj) |
| Filing 12 MOTION to Dismiss by Ticketfly. (Attachments: #1 Memorandum in Support, #2 Declaration of Allison Brecklin, #3 Declaration of Nitoj P. Singh, #4 Proposed Order re Oral Argument, #5 Certificate of Service) (Singh, Nitoj) |
| Filing 11 Letter dated 7/25/2017 to Judge LaShann DeArcy Hall from Pro-se plaintiff Thomas Modden responding to document no. #7 Letter MOTION for pre-motion conference request by Ticketfly. (See letter for further details). (Almonte, Giselle) |
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ORDER: Defendant's July 21, 2017 motion #7 for a pre-motion conference is DENIED. The parties are directed to proceed with briefing. Defendant shall serve its motion upon Plaintiff on or before September 11, 2017. Plaintiff shall serve his opposition upon Defendant on or before October 9, 2017. Defendant shall serve its reply, if any, upon Plaintiff and electronically file the fully briefed motion on or before October 23, 2017. The parties are reminded that this Court's Individual Practices require parties to submit courtesy copies of all motion papers to Chambers at the time they are served on opposing parties. In addition, Plaintiff's July 27, 2017 motion #8 to remand to state court is DENIED. The Court has diversity jurisdiction pursuant to 28 U.S.C. 1332(a)(1), and Defendant timely removed this action pursuant to 28 U.S.C. 1446. The Clerk of the Court is directed to mail a copy of this Order to pro se litigant. Ordered by Judge LaShann DeArcy Hall on 8/14/2017. (Valentin, Winnethka)
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| Filing 10 MEMORANDUM in Opposition re #8 MOTION to Remand to State Court filed by Ticketfly. (Attachments: #1 Declaration of Allison Brecklin, #2 Declaration of Jeremy Liegl, #3 Declaration of Nitoj P. Singh, #4 Certificate of Service) (Singh, Nitoj) |
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Filing 9
ENDORSED ORDER, granting #4 Motion for Leave to Appear Pro Hac Vice: The admitted attorney pro hac vice, Nitoj P. Singh, is permitted to argue or try this case in whole or in part as counsel for Defendant Ticketfly, LLC. SO ORDERED by Magistrate Judge Lois Bloom, on August 3, 2017. C/mailed. (The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa)
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| Filing 8 MOTION to Remand to State Court by Thomas Modden. (Almonte, Giselle) |
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Order: Plaintiff shall file a response to Defendant's July 21, 2017 pre-motion letter #7 on or before August 11, 2017. The Clerk of the Court is directed to mail a copy of this Order to pro se litigant. Ordered by Judge LaShann DeArcy Hall on 7/25/2017. (Valentin, Winnethka)
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| Filing 7 Letter MOTION for pre motion conference request by Ticketfly. (Singh, Nitoj) |
| Filing 6 Corporate Disclosure Statement by Ticketfly identifying Corporate Parent Pandora Media, Inc. for Ticketfly. (Singh, Nitoj) |
| Filing 5 CERTIFICATE OF SERVICE by Ticketfly re #4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9687623., #1 Notice of Removal, (Singh, Nitoj) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9687623. by Ticketfly. (Attachments: #1 Affidavit Affidavit of Movant Nitoj P. Singh) (Singh, Nitoj) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Ticketfly from Supreme Court of the State of New York, County of Richmond, case number Index No.: 100029-17. ( Filing fee $ 400 receipt number 0207-9684570) (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2) (Fasulo, Louis) |
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| Plaintiff: Thomas Modden | |
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| Defendant: Ticketfly | |
| Represented By: | Nitoj P. Singh |
| Represented By: | Louis V. Fasulo |
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