Sierra Railroad Company v. Comcast Cable Communications, LLC
| Sierra Railroad Company |
| Comcast Cable Communications, LLC |
| 1:2021cv01293 |
| August 25, 2021 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Barbara A McAuliffe |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 29
MINUTE ORDER (TEXT Only): Due to the current status of this case, the SCHEDULING CONFERENCE currently set for 1/26/2023 is continued to May 30, 2023, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #7 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/21/2022. (Valdez, E)
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| Filing 28 MINUTES (Text Only) for proceedings held via video conference before District Judge Ana de Alba: STATUS CONFERENCE held on 10/7/2022. The Court addressed the backlog with the parties. The Court also addressed limited consent to the Magistrate Judge for purposes of addressing the pending Motion to Dismiss and Consent to Proceed Before the Magistrate Judge. The parties shall discuss with the clients and advise the Court. Plaintiffs Counsel Michael Wallenstein present. Defendants Counsel Edward Seidel present. Court Reporter/CD Number: ECRO O. Rosales. (Hernandez, M) |
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Filing 27
MINUTE ORDER (TEXT Only): On September 28, 2022, the Court convened a Scheduling Conference. The Court and parties discussed scheduling in light of the pending motion to dismiss. (See Doc. #7 ) As agreed, initial disclosures pursuant to Federal Rule of Civil Procedure 26 shall be completed by December 15, 2022, subject to resolution of the motion to dismiss. Further, the Scheduling Conference is continued to January 26, 2023, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A Joint Scheduling Report shall be filed at least one (1) full week prior to the conference. The parties shall appear at the conference remotely with each party connecting either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If necessary, the parties may request to advance the Scheduling Conference. Minute Order signed by Magistrate Judge Barbara A. McAuliffe on 9/28/2022. (Rosales, O.)
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| Filing 26 MINUTES (Text Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 9/28/2022: SCHEDULING CONFERENCE - not held. Order to follow. Plaintiff's Counsel Michael Wallenstein appeared by Zoom video - present. Defendant's Counsel Edward Seidel appeared by Zoom video - present.(Rosales, O.) |
| Filing 25 CLERK'S NOTICE to Attorney Edward Seidel re #24 Notice of Change of Address: Due to the recent upgrade in the Eastern District of California to NextGen, all changes to address will need to be made through Pacer. Until you update your address through Pacer, the docket will reflect your previous address. (Lawrence, A) |
| Filing 24 NOTICE OF FIRM NAME CHANGE by Comcast Cable Communications, LLC. (Seidel, Edward) |
| Filing 23 JOINT STATUS REPORT by Sierra Railroad Company. (Wallenstein, Michael) |
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Filing 22
MINUTE ORDER signed by District Judge Ana de Alba on 9/12/2022: (Text Only Entry) Pursuant to the parties request the Court sets a Status Conference for 10/7/2022 at 09:30 AM in Courtroom 1 (ADA) before District Judge Ana de Alba. The hearing will take place by videoconference. The parties will be provided with the Zoom Meeting ID and access code prior to the conference. (Hernandez, M)
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Filing 21
MINUTE ORDER (TEXT Only): Having considered the parties' Joint Status Report (Doc. 20), the Scheduling Conference currently set for October 18, 2022, is HEREBY ADVANCED to September 28, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report on or before September 22, 2022. The parties shall appear at the conference remotely with each party connecting either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/8/2022. (Valdez, E)
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| Filing 20 JOINT STATUS REPORT by Sierra Railroad Company. (Wallenstein, Michael) |
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Filing 19
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M)
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Filing 18
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Martin-Gill, S)
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Filing 17
MINUTE ORDER (TEXT Only): Due the status of this case, the Initial SCHEDULING CONFERENCE currently set for 6/15/2022 is continued to October 18, 2022, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #7 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/18/2022.(Valdez, E)
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Filing 16
MINUTE ORDER: Due to the current status of this case, the Initial Scheduling Conference currently set for 4/13/2022 is continued to June 15, 2022, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #7 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/5/2022. (Valdez, E)
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| Filing 15 DEMAND for TRIAL by JURY by Sierra Railroad Company. (Wallenstein, Michael) |
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Filing 14
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Jennifer L. Thurston* to * District Judge Dale A. Drozd* for all further proceedings. (Sant Agata, S)
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Filing 13
STANDING ORDER, signed by District Judge Jennifer L. Thurston on 01/25/2022. (Maldonado, C)
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Filing 12
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Rivera, O)
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| Filing 11 REPLY by Comcast Cable Communications, LLC to RESPONSE to #7 Motion to Dismiss,. (McLeod, Scott) |
| Filing 10 OPPOSITION by Sierra Railroad Company to #7 Motion to Dismiss,. (Wallenstein, Michael) |
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Filing 9
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Jessen, A)
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Filing 8
MINUTE ORDER (TEXT Only): Due to the current status of this case, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Initial SCHEDULING CONFERENCE currently set for 12/2/2021 is continued to April 13, 2022, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #7 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/30/2021. (Valdez, E)
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| Filing 7 MOTION to DISMISS by Comcast Cable Communications, LLC. Motion Hearing set for 12/16/2021 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEF. COMCAST'S MOTION TO DISMISS, #2 Proof of Service PROOF OF SERVICE VIA ECF)(McLeod, Scott) |
| Filing 6 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Seidel, Edward) |
| Filing 5 STIPULATION re #1 Notice of Removal, TO ENLARGE TIME PURSUANT TO LOCALE RULE 144 by Comcast Cable Communications, LLC. (Seidel, Edward) |
| Filing 4 CERTIFICATE of SERVICE by Comcast Cable Communications, LLC re #1 Notice of Removal,. (McLeod, Scott) |
| Filing 3 CLERK'S NOTICE to Attorney Michael H. Wallenstein, NCAED: Attorney Michael H. Wallenstein is DIRECTED to register for admission to the Eastern District of California. Please visit PACER.gov for admission. (Marrujo, C) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/2/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Marrujo, C) |
| Filing 1 NOTICE of REMOVAL from Superior Court of CA - Tuolumne County, case number CV63918 by Comcast Cable Communications, LLC. (Filing fee $ 402, receipt number ACAEDC-9784235) (Attachments: #1 Civil Cover Sheet, #2 Notice of Interested Parties)(McLeod, Scott) |
| SERVICE BY MAIL: 3 Docket Annotation, #2 Civil New Case Documents, served on Michael H. Wallenstein NCAED. (Marrujo, C) |
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| Plaintiff: Sierra Railroad Company | |
| Represented By: | Michael H. Wallenstein, NCAED |
| Represented By: | Michael H. Wallenstein |
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| Defendant: Comcast Cable Communications, LLC | |
| Represented By: | Scott McLeod |
| Represented By: | Edward Lee Seidel |
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