Herron v. Best Buy Co. Inc. et al
| Chad Herron |
| Best Buy Co. Inc. and Toshiba America Information Systems, Inc. |
| 2:2012cv02103 |
| August 10, 2012 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| Garland E. Burrell |
| Other Fraud |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
225
ORDER signed by District Judge Troy L. Nunley on 5/30/2018 ORDERING that Within fourteen (14) days after the Ninth Circuit has ruled on Plaintiff's Petition for Permission to Appeal, the Parties shall meet and confer about the case schedule and file a further Joint Status Report with this Court. (Reader, L)
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222
ORDER signed by District Judge Troy L. Nunley on 4/26/2018 DENYING 188 Motion for Class Certification with prejudice and DENYING 196 Motion to Exclude or Strike as moot. (Hunt, G)
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203
ORDER signed by District Judge Troy L. Nunley on 9/9/16: 201 Request to Seal Document(s) is GRANTED. (Kaminski, H)
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191
ORDER granting Request to Seal Documents signed by District Judge Troy L. Nunley on 7/19/16. (Kaminski, H)
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187
ORDER signed by District Judge Troy L. Nunley on 05/20/16 ORDERING that 183 Motion to Continue Deadlines is GRANTED; Plaintiff's Amended Motion for Class Certification is due by 06/24/16; Defendant Best Buy Stores, L.P.'s Opposition is due by 08/18/16; Plaintiff's Reply is due by 09/08/16; the hearing on Plaintiff's Amended Motion is 9/22/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A)
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Filing
182
ORDER signed by District Judge Troy L. Nunley on 5/6/2016 GRANTING 179 Ex Parte Application for an Order Continuing the Plaintiff's Deadline to File an Amended Motion for Class Certification; ORDERING the plaintiff to file an Amended Motion fo r Class Certification by 6/24/2016; ORDERING Defendant Best Buy Stores, L.P. to file and serve an opposition to the plaintiff's Amended Motion for Class Certification fourteen (14) days prior to the continued hearing date; ORDERING the plaintiff to file a reply in support of the Amended Motion for Class Certification seven (7) days prior to the continued hearing date. (Michel, G.)
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Filing
178
ORDER signed by District Judge Troy L. Nunley on 4/18/16. The Court DENIES Plaintiff's MOTION for certification of a Rule 23(b)(3) class without prejudice. If Plaintiff can address the deficiencies noted in this order, he can file an amended motion for class certification within forty (40) days of the date of this order. (Mena-Sanchez, L)
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Filing
165
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF' S SEALING REQUESTS signed by Judge Garland E. Burrell, Jr on 10/28/15. (Kaminski, H)
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Filing
142
ORDER signed by Judge Garland E. Burrell, Jr. on 9/28/2015. For the stated reasons, Dell's sealing request is GRANTED in part, and DENIED in part. Dell shall provide Clerk with an electronic copy of documents to be filed under seal as prescribed in Local Rule 141(e)(2)(i) within 7 days from date Order isfiled. Further, Dell shall file authorized redacted versions of its Opposition and Report on public docket within 7 days from date this Order is filed. (Marciel, M)
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Filing
141
ORDER signed by Judge Garland E. Burrell, Jr on 9/25/15 ORDERING Best Buy's sealing request is granted in part, and denied in part. Best Buy shall provide to the Clerk an electronic copy of the documents to be filed under seal as prescribed i n Local Rule 141(e)(2)(i) within seven (7) days from the date this order is filed. Further, Best Buy shall file the authorized redacted versions of the sealed documents on the public docket within seven (7) days from the date this order is filed. (Becknal, R)
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Filing
140
ORDER signed by Judge Garland E. Burrell, Jr., on 9/25/15 ORDERING that Plaintiff shall file a newly redacted version of its Memorandum of Points & Authorities in Support of Motion for Class Certification, which makes public the referenced sections of the document, within seven (7) days from the date this order is filed. (Kastilahn, A)
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129
ORDER signed by Judge Garland E. Burrell, Jr., on 9/10/15 ORDERING that the parties' sealing request is GRANTED. The parties shall provide to the Clerk an electronic copy of the documents to be filed under seal within seven (7) days from the date this order is filed. Further, the parties request to file redacted versions of certain documents on the public docket is GRANTED. Plaintiff is authorized to file redacted versions of the referenced documents on the public docket within seven (7) days from the date this order is filed. (Kastilahn, A)
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127
ORDER signed by Judge Garland E. Burrell, Jr on 8/21/15 ORDERING that Plaintiff's Sealing Request 125 is DENIED. (Mena-Sanchez, L)
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120
ORDER signed by Judge Garland E. Burrell, Jr. on 07/02/15 ORDERING that the 112 Motion for Reconsideration is DENIED. (Benson, A)
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113
ORDER GRANTING DELL INC.'S MOTION TO INTERVENE AS A PARTY DEFENDANT signed by Judge Garland E. Burrell, Jr on 5/19/15. (Becknal, R)
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110
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/4/2015 ORDERING that plaintiff's 97 Motion for Protective Order is GRANTED. (Zignago, K.)
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99
ORDER signed by Judge Garland E. Burrell, Jr on 4/21/15 CONTINUING Plaintiff's Deadline to File Motion for Class Certification and Set Briefing Schedule. Filing Deadline: 8/14/2015. Motion Hearing set for 11/2/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A)
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Filing
93
ORDER signed by Judge Garland E. Burrell, Jr. on 10/30/2014 GRANTING 88 Motion to Dismiss; GRANTING the plaintiff thirty-five (35) days to file an amended complaint addressing the deficiencies in the dismissed portions of the 87 Fourth Amended Complaint. (Michel, G)
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Filing
86
ORDER signed by Judge Garland E. Burrell, Jr. on 5/30/2014 ORDERING that Toshiba's 74 Motion to Compel Arbitration. The action against Toshiba is STAYED under 9 U.S.C. § 3 pending arbitration. A status conference is scheduled to commence at 9:00 a.m. on July 20, 2015 in Courtroom 10. A joint status report shall be filed fourteen (14) days prior to the status conference. (Zignago, K.)
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Filing
84
ORDER signed by Judge Garland E. Burrell, Jr on 5/28/14 ORDERING for the stated reasons, the motion 71 is GRANTED IN PART AND DENIED IN PART. The damages component of Plaintiff's CLRA claim is DISMISSED for laptops Plaintiff did not purchas e. The remainder of the motion is DENIED. Plaintiff is granted thirty-five (35) days from the date on which this order is filed to file an amended complaint addressing the deficiencies in the dismissed damages component of the CLRA claim for lap tops Plaintiff did not purchase. Plaintiff is notified that failure to file an amended complaint within the prescribed time period could result in dismissal of the described component of the CLRA claim with prejudice under Rule 41(b). (Becknal, R)
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Filing
76
ORDER signed by Judge Garland E. Burrell, Jr on 4/10/14 ORDERING that the hearings currently scheduled for 5/19/14, at 9:00 a.m. 71 , 74 are CONTINUED to 6/2/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff's OPPOSITION PAPERS to the Motion to Dismiss 71 and the Motion to Compel Arbitration 74 are due to be filed or or before 5/12/2014; and Defendants' respective Reply papers are due to be filed on or before 5/19/2014. (Mena-Sanchez, L)
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Filing
67
PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/27/2014 ORDERING 65 the Court GRANTS the Stipulated Protective Order and hereby ADOPTS the Stipulated Protective Order as the order of this Court. (Reader, L)
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66
STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 2/25/2014 EXCUSING Defendant Toshiba America Information Systems, Inc. from responding to the 21 Second Amended Complaint; ORDERING Defendant Toshiba America Information Systems, Inc. to respond to the forthcoming Third Amended Complaint within fourteen days of its filing. (Michel, G)
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64
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/12/14 ORDERING that Best Buy Stores, LP need not file a response to the second amended complaint. The response to the third amended complaint will be due within 14 days of the filing of the complaint. (Manzer, C)
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Filing
60
ORDER signed by Judge Garland E. Burrell, Jr on 2/3/14 GRANTING IN PART AND DENYING IN PART 31 Motion to Dismiss. BB.com is DISMISSED from this action. The damages component of Plaintiff's CLRA claim is DISMISSED. The remainder of the moti on is DENIED. Plaintiff is granted thirty-five (35) days from the date on which this order is filed to file an amended complaint addressing the deficiencies in the dismissed damages component of the CLRA claim and the dismissal of BB.com. Plaintiff is notified that failure to file an amended complaint within the prescribed time period could result in dismissal with prejudice under Rule 41(b). (Meuleman, A)
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Filing
56
STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 11/13/2013 CONTINUING the Status Conference to 1/21/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a Joint Status Statement be filed fourteen (14) days prior to the continued Status Conference. (Michel, G)
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Filing
53
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/10/13 ORDERING that the Pretrial Scheduling Conference currently set for 10/28/13 is RESCHEDULED for 11/25/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed fourteen days prior to the hearing.(Mena-Sanchez, L)
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51
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/27/13 EXTENDING Toshiba America Information Systems, Inc.'s time to respond to Second Amended Class Action Complaint. (Meuleman, A)
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49
ORDER signed by Judge Garland E. Burrell, Jr on 8/15/2013 ORDERING 30 Motion to Dismiss is DENIED; and 32 Motion to Strike is DENIED. (Waggoner, D)
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40
ORDER signed by Judge Garland E. Burrell, Jr. on 5/10/2013 ORDERING that the hearings currently scheduled on 6/3/2013, at 9:00 a.m. are CONTINUED to 7/15/2013 at 9:00 a.m. Plaintiffs opposition papers to the Motions shall remain due to be filed on or before 5/20/2013. Defendants' respective reply papers shall remain due to be filed on or before 5/27/2013. (Zignago, K.)
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Filing
25
ORDER signed by Judge Garland E. Burrell, Jr on 3/28/13 ORDERING that Defendants' time within which to answer or otherwise serve and file a response to Plaintiff's Second Amended Complaint in this action shall be and hereby is extended to 5/1/13; the Status Conference currently set for 4/15/13, at 9:00 a.m. be continued to 7/22/13; or to an alternative date that the Court determines suitable; and no Joint Statement is currently due. The parties will meet and confer twenty-one (21) days prior to the rescheduled Status Conference hearing and file a Joint Statement fourteen (14) days before the continued Status Conference hearing date. (Becknal, R)
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Filing
19
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT signed by Judge Garland E. Burrell, Jr on 2/13/13 ORDERING for the reasons stated, Plaintiff's unlawful, unfair, and fraudulent UCL claims against Toshiba and h is fraudulent omission CLRA claim against Toshiba are dismissed. Plaintiff's unfair UCL claim against Best Buy and his fraudulent omission CLRA claim against Best Buy based on Best Buy's exclusive knowledge and active concealment are dismissed. The remainder of the dismissal motion is denied. Plaintiff is granted fifteen (15) days leave from the date on which this Order is filed to file an amended complaint amending the dismissed claims. (Becknal, R)
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Filing
18
STIPULATION and ORDER 17 for continuance signed by Judge Garland E. Burrell, Jr. on 1/15/2013. Status Conference is RE-SET for 4/15/2013 at 9:00 AM in Courtroom 10 (GEB). (Marciel, M)
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Filing
16
ORDER 15 continuing Status Conference signed by Judge Garland E. Burrell, Jr. on 11/7/2012. Status Conference is RE-SET for 1/28/2013 at 9:00 AM in Courtroom 10 (GEB). No Joint Statement is currently due. Parties will meet and confer 21 days prior to re-scheduled Status Hearing and file Joint Statement 14 days before continued Hearing. (Marciel, M)
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