Goobich v. Excelligence Learning Corporation

Justia Dockets & Filings Ninth Circuit California Northern District Goobich v. Excelligence Learning Corporation

Goobich v. Excelligence Learning Corporation

Plaintiff:	Mr. Joel Goobich and Joel Goobich
Defendant:	Excelligence Learning Corporation f/k/a QTL Corporation, Excelligence Learning Corporation and QTL Corporation
Case Number:	5:2019cv06771
Filed:	October 18, 2019
Court:	US District Court for the Northern District of California
Presiding Judge:	Nathanael M Cousins
Referring Judge:	Edward J Davila
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 11, 2021	Filing 61 ORDER Granting #60 Stipulation of Dismissal With Prejudice. The Clerk shall permanently close the file. Signed by Judge Edward J. Davila on 6/11/2021. (amkS, COURT STAFF) (Filed on 6/11/2021)
June 10, 2021	Filing 60 STIPULATION WITH PROPOSED ORDER to dismiss action with prejudice filed by Joel Goobich. (Attachments: #1 Proposed Order)(Randall, David) (Filed on 6/10/2021)
September 18, 2020	Filing 59 ORDER COMPELLING ARBITRATION AND STAYING CASE. Signed by Judge Edward J. Davila on 9/18/2020. The Clerk shall administratively close the file. (ejdlc3S, COURT STAFF) (Filed on 9/18/2020)
September 15, 2020	Filing 58 CLERK'S NOTICE VACATING HEARING. Please take NOTICE that Trial Setting Conference scheduled for 9/17/2020 is hereby VACATED - NO APPEARANCE NECESSARY. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 9/15/2020)
September 12, 2020	Filing 57 RESPONSE TO ORDER TO SHOW CAUSE by Joel Goobich Why Case Should Not Be Stayed Pending Arbitration. (Attachments: #1 Declaration of David A Randall, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Randall, David) (Filed on 9/12/2020)
September 11, 2020	Filing 56 Response to Order to Show Cause Why Case Should Not Be Stayed Pending Arbitration byExcelligence Learning Corporation. (Attachments: #1 Declaration of Caitlyn M. Crisp)(Crisp, Caitlyn) (Filed on 9/11/2020)
September 9, 2020	Filing 55 JOINT CASE MANAGEMENT STATEMENT filed by Joel Goobich. (Attachments: #1 Exhibit A Proposed First Amended Complaint)(Randall, David) (Filed on 9/9/2020)
September 2, 2020	Filing 54 NOTICE of Appearance by Ehab Monsef Samuel (Samuel, Ehab) (Filed on 9/2/2020)
August 28, 2020	Filing 53 ORDER DENYING #29 MOTION FOR DEFAULT JUDGMENT OR, IN THE ALTERNATIVE, TO COMPEL ARBITRATION, AND FOR ATTORNEYS' FEES. Signed by Judge Edward J. Davila 8/28/2020. (ejdlc1, COURT STAFF) (Filed on 8/28/2020)
August 5, 2020	Filing 52 Order Granting In Part and Denying In part #30 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 8/5/2020. (ejdlc1S, COURT STAFF) (Filed on 8/5/2020)
July 31, 2020	Filing 51 Certification of ADR Session by Evaluator Leslie C. Nichols (Ret.): I hereby certify that the parties in this matter held an ENE session on 7/31/2020. The case did not settle. Further facilitated discussions are not expected. ENE is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 7/31/2020)
June 19, 2020	Filing 50 ORDER GRANTING #49 STIPULATION. Signed by Judge Edward J. Davila on 6/19/2020. (ejdlc1, COURT STAFF) (Filed on 6/19/2020)
June 18, 2020	Filing 49 STIPULATION WITH PROPOSED ORDER re Set/Reset Hearings to allow ENE to be conducted remotely filed by Excelligence Learning Corporation. (Attachments: #1 Proposed Order)(Crisp, Caitlyn) (Filed on 6/18/2020)
June 3, 2020	Set/Reset Hearing ENE Hearing set for 7/31/2020 09:00 AM. The parties will submit a stipulation and proposed order setting forth their agreement to conduct the mediation remotely. (af, COURT STAFF) (Filed on 6/3/2020)
May 12, 2020	Filing 48 ADR Clerk's Notice Appointing Hon. Leslie C. Nichols (Ret.) as ENE Evaluator. (af, COURT STAFF) (Filed on 5/12/2020)
April 29, 2020	Filing 47 AMENDED ANSWER to Plaintiff's #1 Complaint,,, Pursuant to the Court's Order Dated March 30, 2020 byExcelligence Learning Corporation. (Attachments: #1 Exhibit A)(Speier, Jared) (Filed on 4/29/2020)
April 17, 2020	Filing 46 REPLY (re #29 MOTION for Default Judgment by the Court as to Defendant ) CORRECTION OF DOCKET #44 and #45 filed byJoel Goobich. (Attachments: #1 Declaration David A. Randall, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X)(Randall, David) (Filed on 4/17/2020)
April 17, 2020	Filing 45 * POSTED IN ERROR * please see #46 REPLY (re #29 MOTION for Default Judgment by the Court as to Defendant ) CORRECTION OF DOCKET #44 filed by Joel Goobich. (Randall, David) (Filed on 4/17/2020) Modified on 4/17/2020 (cv, COURT STAFF). Modified on 4/17/2020 (cv, COURT STAFF).
April 17, 2020	Filing 44 * POSTED IN ERROR * please see #45 REPLY (re #29 MOTION for Default Judgment by the Court as to Defendant ) filed byJoel Goobich. (Attachments: #1 Declaration David A. Randall, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X)(Randall, David) (Filed on 4/17/2020) Modified on 4/17/2020 (cv, COURT STAFF).
April 9, 2020	Filing 43 OPPOSITION/RESPONSE (re #29 MOTION for Default Judgment by the Court as to Defendant ) or in the Alternative, to Compel Arbitration and for Attorney's Fees filed byExcelligence Learning Corporation. (Attachments: #1 Declaration of Jared Speier in support of Opposition, #2 Exhibit A thru I to Speier Declaration)(Speier, Jared) (Filed on 4/9/2020)
March 30, 2020	Filing 42 Amended ORDER Referring Case to ENE. Signed by Judge Edward J. Davila on 3/30/2020. (ejdlc3S, COURT STAFF) (Filed on 3/30/2020)
March 30, 2020	Filing 41 ORDER Referring Case to ENE. Signed by Judge Edward J. Davila on 3/30/2020. (ejdlc3S, COURT STAFF) (Filed on 3/30/2020)
March 30, 2020	Filing 40 Order Granting #16 Plaintiff's Motion to Strike Defendant's Affirmative Defenses. Signed by Judge Edward J. Davila on 3/30/2020. (ejdlc3S, COURT STAFF) (Filed on 3/30/2020)
March 30, 2020	CASE REFERRED to Early Neutral Evaluation per ECF #41 Order. (amkS, COURT STAFF) (Filed on 3/30/2020)
March 23, 2020	Filing 39 STIPULATED PROECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Nathanael Cousins on 3/23/2020. (lmh, COURT STAFF) (Filed on 3/23/2020)
March 20, 2020	Filing 38 NOTICE by Excelligence Learning Corporation re #32 Declaration in Support,, #36 Order, Set Deadlines/Hearings, #34 Order, #29 MOTION for Default Judgment by the Court as to Defendant, #31 Declaration in Support, Notice of Prior Court Order Extending Filing Deadline for Defendant's Opposition (Speier, Jared) (Filed on 3/20/2020)
March 20, 2020	Filing 37 ORDER SUBMITTING MOTION #29 WITHOUT ORAL ARGUMENT AND VACATING HEARING. Signed by Judge Edward J. Davila on 3/20/2020. (ejdlc3S, COURT STAFF) (Filed on 3/20/2020)
March 16, 2020	Filing 36 ORDER Submitting #16 MOTION to Strike Defendant's Affirmative Defendants Without Oral Argument and Vacating Hearing. Signed by Judge Edward J. Davila on 3/16/2020. (ejdlc3S, COURT STAFF) (Filed on 3/16/2020)
March 11, 2020	Filing 35 STIPULATION WITH PROPOSED ORDER STIPULATED PROECTIVE ORDER FOR STANDARD LITIGATION filed by Excelligence Learning Corporation. (Attachments: #1 Exhibit A)(Speier, Jared) (Filed on 3/11/2020)
February 25, 2020	***Set/Reset Deadlines per ECF #34 Order: as to #29 Motion for Default Judgment by the Court. Responses due by 4/9/2020. Replies due by 4/16/2020. (amkS, COURT STAFF) (Filed on 2/25/2020)
February 25, 2020	Filing 34 ORDER approving joint stipulation to continue deadlines to file opposition and reply. Signed by Judge Edward J. Davila on 2/25/2020. (ejdlc3S, COURT STAFF) (Filed on 2/25/2020)
February 25, 2020	Filing 33 JOINT STIPULATION TO CONTINUE DEADLINES TO FILE OPPOSITION AND REPLY IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT OR, IN THE ALTERNATIVE, TO COMPEL ARBITRATION AND FOR ATTORNEYS'FEES filed by Excelligence Learning Corporation. (Attachments: #1 Declaration Speier ISO of Joint Stipulation)(Speier, Jared) (Filed on 2/25/2020) Modified on 2/25/2020 (cv, COURT STAFF).
February 18, 2020	Set/Reset Hearing re #29 MOTION for Default Judgment by the Court as to Defendant Motion Hearing set for 4/30/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (cv, COURT STAFF) (Filed on 2/18/2020)
February 18, 2020	Filing 32 Declaration of David A. Randall in Support of #29 MOTION for Default Judgment by the Court as to Defendant Excelligence filed byJoel Goobich. (Attachments: #1 Exhibit Exhibit J, #2 Exhibit Exhibit K, #3 Exhibit Exhibit L, #4 Exhibit Exhibit M, #5 Exhibit Exhibit N, #6 Exhibit Exhibit O, #7 Exhibit Exhibit P, #8 Exhibit Exhibit Q, #9 Exhibit Exhibit R, #10 Exhibit Exhibit S, #11 Exhibit Exhibit T, #12 Exhibit Exhibit U)(Related document(s) #29 ) (Randall, David) (Filed on 2/18/2020)
February 18, 2020	Filing 31 Declaration of Joel Goobich in Support of #29 MOTION for Default Judgment by the Court as to Defendant Excelligence filed byJoel Goobich. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Redacted Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Related document(s) #29 ) (Randall, David) (Filed on 2/18/2020)
February 18, 2020	Filing 30 Administrative Motion to File Under Seal filed by Joel Goobich. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Declaration of Joel Goobich In Support Of Plaintiff's Motion For Default Judgment Or, In The Alternative To Compel Arbitration, #4 UnRedacted Version of Declaration of Joel Goobich In Support Of Plaintiff's Motion For Default Judgment Or, In The Alternative To Compel Arbitration, #5 Redacted Version of Exhibit B, #6 Unredacted Version of Exhibit B)(Randall, David) (Filed on 2/18/2020)
February 18, 2020	Filing 29 MOTION for Default Judgment by the Court as to Defendant filed by Joel Goobich. Motion Hearing set for 4/30/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 3/3/2020. Replies due by 3/10/2020. (Attachments: #1 Proposed Order)(Randall, David) (Filed on 2/18/2020) Modified on 2/19/2020 (cv, COURT STAFF).
February 7, 2020	Filing 28 ADR Remark: ADR Phone Conference held on 2/6/2020 by Tamara Lange (ec, COURT STAFF) (Filed on 2/7/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.)
January 24, 2020	Filing 27 ADR Clerk's Notice Setting ADR Phone Conference on 2/6/20 at 10 a.m.. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (ec, COURT STAFF) (Filed on 1/24/2020)
January 24, 2020	Filing 26 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Speier, Jared) (Filed on 1/24/2020)
January 15, 2020	Filing 25 CASE MANAGEMENT ORDER: The Case Management Conference scheduled for 1/23/2020 is VACATED - NO APPEARANCE NECESSARY and the parties are ordered to comply with the schedule set forth in the Order. Joint Trial Setting Conference Statement due by 9/8/2020. Trial Setting Conference set for 9/17/2020 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Daubert Motions due by 12/7/2020. Daubert Motion Hearing set for 2/4/2021 09:00 AM. Dispositive Motion due by 1/7/2021. Dispositive Motion Hearing set for 3/4/2021 at 09:00 AM. IT IS FURTHER ORDERED that the parties shall meet and confer further in order to reach an agreement on an ADR process within 10 days of the date of this Order. Signed by Judge Edward J. Davila on 1/15/2020. (amkS, COURT STAFF) (Filed on 1/15/2020)
January 14, 2020	Filing 24 REPORT of Rule 26(f) Planning Meeting (Joint). (Meer, Jonathan) (Filed on 1/14/2020)
January 8, 2020	Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Speier, Jared) (Filed on 1/8/2020)
January 2, 2020	Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Joel Goobich (Randall, David) (Filed on 1/2/2020)
January 2, 2020	Filing 21 Certificate of Interested Entities by Joel Goobich (Randall, David) (Filed on 1/2/2020)
December 30, 2019	Filing 20 NOTICE by Joel Goobich of Withdrawal of Counsel (Thomson, William) (Filed on 12/30/2019)
December 28, 2019	Filing 19 REPLY (re #16 MOTION to Strike Defendant's Affirmative Defenses ) filed byJoel Goobich. (Randall, David) (Filed on 12/28/2019)
December 20, 2019	Filing 18 OPPOSITION/RESPONSE (re #16 MOTION to Strike Defendant's Affirmative Defenses ) filed byExcelligence Learning Corporation. (Speier, Jared) (Filed on 12/20/2019)
December 18, 2019	Filing 17 NOTICE of Appearance by Jonathan Douglas Meer for Defendant Excelligence Learning Corporation (Meer, Jonathan) (Filed on 12/18/2019)
December 6, 2019	Filing 16 MOTION to Strike Defendant's Affirmative Defenses filed by Joel Goobich. Motion Hearing set for 3/26/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #1 Proposed Order)(Randall, David) (Filed on 12/6/2019)
December 6, 2019	Filing 15 NOTICE of Appearance by Sepehr Daghighian (Daghighian, Sepehr) (Filed on 12/6/2019)
December 6, 2019	Filing 14 NOTICE of Appearance by Lauren Candice Martin (Martin, Lauren) (Filed on 12/6/2019)
November 15, 2019	Filing 13 NOTICE by Excelligence Learning Corporation of Interested Parties (Speier, Jared) (Filed on 11/15/2019)
November 15, 2019	Filing 12 ANSWER to Complaint byExcelligence Learning Corporation. (Speier, Jared) (Filed on 11/15/2019)
November 5, 2019	Filing 11 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/13/2020. Initial Case Management Conference set for 1/23/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 11/5/2019)
November 5, 2019	Filing 10 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 11/5/2019. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 11/5/2019)
November 4, 2019	Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 11/4/2019)
November 4, 2019	Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joel Goobich.. (Randall, David) (Filed on 11/4/2019)
November 4, 2019	Filing 7 SUMMONS Returned Executed by Joel Goobich. Excelligence Learning Corporation served on 10/25/2019, answer due 11/15/2019. (Randall, David) (Filed on 11/4/2019)
November 4, 2019	Filing 6 Filing Error. Disregard CERTIFICATE OF SERVICE by Joel Goobich of Summons and Complaint (Randall, David) (Filed on 11/4/2019) Modified on 11/4/2019 (sfbS, COURT STAFF).
October 22, 2019	Filing 5 Summons Issued as to Excelligence Learning Corporation. (sfbS, COURT STAFF) (Filed on 10/22/2019)
October 21, 2019	Filing 4 Proposed Summons. (Randall, David) (Filed on 10/21/2019)
October 21, 2019	Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/15/2020. Initial Case Management Conference set for 1/22/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 10/21/2019)
October 21, 2019	Filing 2 Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/4/2019. (ajsS, COURT STAFF) (Filed on 10/21/2019)
October 21, 2019	#Electronic filing error. Incorrect event used. [err101]Proposed Summons should be filed using the correct event and not as an attachment or exhibit to a document. Re-file as P roposed SummonsThis filing will not be processed by the clerks office.Please re-file in its entirety As to Summons Only. Re:[1-13] Summons filed by Joel Goobich (sfbS, COURT STAFF) (Filed on 10/21/2019)
October 18, 2019	Filing 1 COMPLAINT by Joel Goobich against Excelligence Learning Corporation f/k/a QTL Corporation. Filed byJoel Goobich. (Filing Fee $400; Receipt No. 0971-13807839)(Attachments: #1 Exhibit 1 Employment Agreement, #2 Exhibit 2 Correspondence, #3 Exhibit 3 Correspondence, #4 Exhibit 4 Correspondence, #5 Exhibit 5 Correspondence, #6 Exhibit 6 Correspondence, #7 Exhibit 7 Correspondence, #8 Exhibit 8 Arbitration Demand, #9 Exhibit 9 First AAA Letter Requesting Excelligence Pay Employer Share of Arbitration Filing Fee, #10 Exhibit 10 Second AAA Letter Requesting Excelligence Pay Employer Share of Arbitration Filing Fee, #11 Exhibit 11 Third Letter from AAA Notifying Parties File Closed Due to Excelligence's Non Payment of Arbitration Filing Fee, #12 Civil Cover Sheet, #13 Summons)(Randall, David) (Filed on 10/18/2019) Modified on 10/21/2019 (ajsS, COURT STAFF).

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Plaintiff: Mr. Joel Goobich
Represented By:	David Allen Randall
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Plaintiff: Joel Goobich
Represented By:	William E. Thomson, Jr.
Represented By:	Sepehr Daghighian
Represented By:	David Allen Randall
Represented By:	Lauren Candice Martin
Represented By:	Ehab Monsef Samuel
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Defendant: Excelligence Learning Corporation f/k/a QTL Corporation
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Defendant: Excelligence Learning Corporation
Represented By:	Jared Wright Speier
Represented By:	Jonathan Douglas Meer
Represented By:	Caitlyn Margaret Crisp
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Defendant: QTL Corporation
Represented By:	Jared Wright Speier
Represented By:	Jonathan Douglas Meer
Represented By:	Caitlyn Margaret Crisp
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