Mark Mina v. Red Robin International Inc et al
Mark Mina |
Red Robin Gourmet Burgers Inc and Red Robin International Inc |
UNITED STATES OF AMERICA, |
2:2018cv09472 |
November 7, 2018 |
US District Court for the Central District of California |
Philip S Gutierrez |
Gail J Standish |
Other Statutory Actions |
47 U.S.C. § 0227 Violation of Telephone Consumer Protection Act |
Plaintiff |
Docket Report
This docket was last retrieved on March 4, 2020. A more recent docket listing may be available from PACER.
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Filing 51 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from District of Colorado, 1:20-cv-00612 filed 3/4/2020. (et) |
Filing 50 MINUTES (In Chambers): Order GRANTING Defendants' motion to transfer by Judge Philip S. Gutierrez granting #41 MOTION to Transfer Case: On balance, the Court concludes that, based on the convenience of the parties and witnesses and in the interest of justice, the Central District is not the appropriate venue for this action. Accordingly, the Court GRANTS the motion to transfer. The case is hereby TRANSFERRED to the U.S. District Court for the District of Colorado. Electronic docket sheet sent. Electronic documents are accessible through PACER. MD JS-6. Case Terminated. (bm) |
Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Declaration of Amy Woolen in Support)(Boykins, Tahir) |
Filing 48 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 filed by Plaintiff Mark Mina. (Attachments: #1 Declaration of Mark Mina, #2 Proposed Order)(Godino, Marc) |
Filing 47 ORDER by Judge Philip S. Gutierrez: granting #44 Non-Resident Attorney Whitney M Smith APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc. and Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) |
Filing 46 TEXT ONLY ENTRY by Judge Philip S. Gutierrez. On the Court's motion, the Court continues the scheduling conference from 2/3/2020 to 3/9/2020, at 2:30 PM before Judge Philip S. Gutierrez. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
Filing 45 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Mark Mina.. (Greenstone, Mark) |
Filing 44 APPLICATION of Non-Resident Attorney Whitney M. Smith to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25195465) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Attorney Whitney M Smith added to party Red Robin Gourmet Burgers Inc(pty:dft), Attorney Whitney M Smith added to party Red Robin International Inc(pty:dft)) (Smith, Whitney) |
Filing 43 NOTICE OF ERRATA filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. correcting NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 (Attachments: #1 Exhibit A, #2 Exhibit B)(Boykins, Tahir) |
Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION TO TRANSFER #41 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Motion is noticed for incorrect time. Proposed order was not submitted as a separate, additional attachment the motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
Filing 41 NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. Motion set for hearing on 3/9/2020 at 03:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1: Complaint, #2 Declaration of Amy Woolen, #3 Exhibit A: Red Robin Royalty Program Current Terms, #4 Exhibit B: Red Robin Royalty Program Terms in August 2015) (Boykins, Tahir) |
Filing 40 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/3/2020 at 02:30 PM. (wm) |
Filing 39 NOTICE of Interested Parties filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc, identifying Red Robin Gourmet Burgers, Inc. as Corporate Parent. (Boykins, Tahir) |
Filing 38 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc.(Boykins, Tahir) |
Filing 37 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer #35 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies (bm) |
Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #35 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
Filing 35 DOCUMENT STRICKEN ON 11/7/19. ANSWER to Complaint (Attorney Civil Case Opening) #1 . DEFENDANTS RED ROBIN INTERNATIONAL, INC., RED ROBIN GOURMET BURGERS, INC. ANSWER TO PLAINTIFFS CLASS ACTION COMPLAINT filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc.(Boykins, Tahir) Modified on 11/8/2019 (bm). |
Filing 34 STIPULATION Extending Time to Answer the complaint as to Red Robin Gourmet Burgers Inc answer now due 11/5/2019; Red Robin International Inc answer now due 11/5/2019, re Complaint (Attorney Civil Case Opening) #1 filed by defendants Red Robin Gourmet Burgers Inc; Red Robin International Inc.(Boykins, Tahir) |
Filing 33 MINUTE ORDER (In Chambers): Order DENYING Defendants' motion to dismiss by Judge Philip S. Gutierrez re: NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 : For the foregoing reasons, the Court DENIES Defendants' motion to dismiss. (see document for further details) (bm) |
Filing 32 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) |
Filing 31 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Plaintiff Mark Mina. (Godino, Marc) |
Filing 30 ORDER GRANTING JOINT STIPULATION SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS by Judge Philip S. Gutierrez. The hearing on Defendants' Motion to Dismiss shall be on October 21, 2019 at 1:30 p.m. #13 (See order for further details) (yl) |
Filing 29 Joint STIPULATION for Order Setting Briefing Schedule for Defendants' Motion to Dismiss filed by Plaintiff Mark Mina. (Attachments: #1 Proposed Order)(Greenstone, Mark) |
Filing 28 MINUTE ORDER IN CHAMBERS Order lifting the stay by Judge Philip S. Gutierrez: In light of Duguid, the Court believes that this case can now proceed forward. Accordingly, the Court ORDERS that the stay of this case be lifted in its entirety. The parties are ORDERED to jointly submit a briefing schedule for Defendants' motion to dismiss no later than July 17, 2019. (see document for further details) (bm) |
Filing 27 STATUS REPORT [JOINT] filed by Plaintiff Mark Mina. (Attachments: #1 Exhibit A - Duguid v. Facebook, Inc.)(Greenstone, Mark) |
Filing 26 MINUTES (IN CHAMBERS) Order GRANTING Defendant's motion to stay by Judge Philip S. Gutierrez granting #13 MOTION: For the foregoing reasons, the Court GRANTS Defendant's motion for a stay of this case pending the Ninth Circuit's decision in Gallion v. Charter Communications, Inc., No. 18-55667. The parties are ORDERED to file a joint status report within 14 days after the decision in Gallion is issued. In the event that no decision has been issued by July 1, 2019, the parties are ORDERED to file a joint status report informing the Court of such. (see document for further details) (bm) |
Filing 25 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) |
Filing 24 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Plaintiff Mark Mina. (Jaurigue, Michael) |
Filing 23 MINUTE ORDER (In Chambers): Order re: Defendants' motion to dismiss or alternatively to stay by Judge Philip S. Gutierrez: Defendants Red Robin International Inc. and Red Robin Gourmet Burgers Inc. ("Defendants") have filed a motion to dismiss or alternatively to stay this case. See Dkt. no. 13. The motion is set for hearing on April 8, 2019. See id. At the April 8, 2019 hearing, the Court will address only whether the case should be stayed pending the Ninth Circuit's decision in Gallion v. Charter Communications, Inc., No. 18-55667. Accordingly, the opposition and reply papers filed before that hearing need only discuss whether the case should be stayed. In the event the Court determines that a stay is not warranted, it will set a further hearing date and briefing schedule for Defendants' motion to dismiss at a later date. (bm) |
Filing 22 ORDER GRANTING UNITED STATES OF AMERICA'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO DECIDE WHETHER TO INTERVENE by Judge Philip S. Gutierrez granting #21 MOTION for Extension of Time to File: Upon consideration of the United States of America's unopposed motion for extension of time, and for good cause shown, the Court ORDERS that the motion is GRANTED. It is further ORDERED that: 1. The United States shall decide whether to intervene in the above-captioned matter by May 28, 2019; and 2. Should the United States decide to intervene, it shall file its brief in support of the constitutionality of the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227(b)(1)(A)(iii), by May 28, 2019; It is SO ORDERED. (bm) |
Filing 21 NOTICE OF MOTION AND MOTION for Extension of Time to File Decision on Intervention filed by Intervenor UNITED STATES OF AMERICA,. (Attachments: #1 Proposed Order) (Attorney Anjali Motgi added to party UNITED STATES OF AMERICA,(pty:intv)) (Motgi, Anjali) |
Filing 20 NOTICE OF ERRATA filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. correcting NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 (Boykins, Tahir) |
Filing 19 ORDER by Judge Philip S. Gutierrez: granting #17 Non-Resident Attorney Lauri A Mazzuchetti APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc.; Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) |
Filing 18 ORDER by Judge Philip S. Gutierrez: granting #16 Non-Resident Attorney Jeffrey S Jacobson APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc.; Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) |
Filing 17 APPLICATION of Non-Resident Attorney Lauri A. Mazzuchetti to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23125635) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Boykins, Tahir) |
Filing 16 APPLICATION of Non-Resident Attorney Jeffrey S. Jacobson to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23106371) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Boykins, Tahir) |
Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc identifying Red Robin Gourmet Burgers, Inc. as Corporate Parent. (Boykins, Tahir) |
Filing 14 NOTICE of Constitutional Challenge to Federal Statue filed by defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) |
Filing 13 NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay filed by defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. Motion set for hearing on 4/8/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1 to Motion to Dismiss, #2 Exhibit 2 to Motion to Dismiss) (Boykins, Tahir) |
Filing 12 NOTICE of Appearance filed by attorney Tahir Lynn Boykins on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Attorney Tahir Lynn Boykins added to party Red Robin Gourmet Burgers Inc(pty:dft), Attorney Tahir Lynn Boykins added to party Red Robin International Inc(pty:dft))(Boykins, Tahir) |
Filing 11 ORDER GRANTING STIPULATION WAIVING TIME FOR PLAINTIFF TO MOVE FOR CLASS CERTIFICATION UNDER L.R. 23-3 by Judge Philip S. Gutierrez, re Stipulation #10 : NOTE CHANGES MADE BY THE COURT. The Court having considered the stipulation of the parties requesting that the Court waive the Local Rule 23-3 deadline for the filing of a motion for certification that the action is maintainable as a class action within 90 days after the service of a pleading purporting to commence a class action; IT IS HEREBY ORDERED that: 1. The deadline for filing of Plaintiffs motion for class certification as set forth in Local Rule 23-3 is vacated. 2. A deadline for the filing of Plaintiff's motion for class certification will be at the scheduling conference. (bm) |
Filing 10 STIPULATION to Waive Deadline for Filing of Plaintiff's Motion for Class Certification as Set Forth In Local Rule 23-3 filed by Plaintiff Mark Mina. (Attachments: #1 Proposed Order)(Greenstone, Mark) |
Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Mark Mina. upon Red Robin International Inc waiver sent by Plaintiff on 11/26/2018, answer due 1/25/2019. Waiver of Service signed by Christina Santangelo, Litigation Manager for Red Robin International, Inc.. (Greenstone, Mark) |
Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (jtil) |
Filing 7 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Gail J. Standish. (jtil) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Mark Mina. (Greenstone, Mark) |
Filing 3 NOTICE of Interested Parties filed by Plaintiff Mark Mina, identifying Red Robin International Inc., Robin Gourmet Burgers Inc. (Greenstone, Mark) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Mark Mina. (Greenstone, Mark) |
Filing 1 COMPLAINT Receipt No: 0973-22712228 - Fee: $400, filed by Plaintiff Mark Mina. (Attorney Mark Samuel Greenstone added to party Mark Mina(pty:pla))(Greenstone, Mark) |
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