Esparza v. Maryland MarketSource Inc., et al.
| Johnny Esparza |
| Allegis Group, Inc., Maryland Marketsource, Inc. and Allegis Group Holdings, Inc. |
| 2:2018cv02688 |
| October 3, 2018 |
| US District Court for the Eastern District of California |
| Edmund F Brennan |
| John A Mendez |
| Kendall J Newman |
| Troy L Nunley |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 52
STATUS (PRE-TRIAL SCHEDULING) ORDER signed by District Judge John A. Mendez on 5/14/19 ORDERING that: Discovery completed by 10/16/20. Designation of Expert Witnesses due by 8/7/20. Supplemental disclosure and rebuttal experts due by 8/21/20. Dispositive Motions filed by 12/15/20. Motion Hearing set for 1/12/21 at 01:30 PM, Final Pretrial Conference set for 2/26/21 at 11:00 AM, and Jury Trial set for 4/5/21 at 09:00 AM, all in Courtroom 6 (JAM) before District Judge John A. Mendez. (Coll, A)
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| Filing 51 JOINT Rule 26(f) Report by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland Marketsource, Inc. (Sullivan, Kevin) Modified on 5/13/2019 (Reader, L). |
| Filing 50 [DISREGARD - COUNSEL NOT CAED ADMITTED] NOTICE of APPEARANCE of Alexandra R. McIntosh on behalf of Johnny Esparza. (Setareh, Chaim) Modified on 4/24/2019 (Benson, A.). |
| Filing 49 [DISREGARD - COUNSEL NOT CAED ADMITTED] NOTICE of APPEARANCE by William Pao on behalf of Johnny Esparza. (Setareh, Chaim) Modified on 4/24/2019 (Benson, A.). |
| Filing 48 DESIGNATION of COUNSEL: Attorney H. Scott Leviant as Counsel for Plaintiff terminated. (Setareh, Chaim) Modified on 4/24/2019 (Benson, A.). |
| Filing 47 MINUTE ORDER: re #45 Civil New Case Documents for JAM - On or before May 10, 2019 the parties shall file a joint status report. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 46 NOTICE of CHANGE of ADDRESS by Chaim Shaun Setareh. (Setareh, Chaim) |
| Filing 45 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Order re Consent, #2 Order re Filing Requirements, #3 VDRP) (Becknal, R) |
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Filing 44
REALTED CASE ORDER signed by District Judge John A. Mendez on 11/28/18 ORDERING that the action denominated 2:18-CV-02688 TLN-KJN be reassigned to Judge John A. Mendez and Magistrate Judge Edmund F. Brennan for all further proceedings, and any dates currently set in the reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:18-CV-02688 JAM-EFB. (Becknal, R)
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| Filing 43 NOTICE of RELATED CASES pending in other districts and jurisdictions, 5:17-cv-07370, 37-2017-00048458-CU-OE-CTL, 37-2017-00023887-CU-OE-CTL by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland Marketsource, Inc.. (Sullivan, Kevin) Modified on 11/29/2018 (Zignago, K.). |
| Filing 42 NOTICE of RELATED CASE 2:17-cv-00241 by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland Marketsource, Inc.. (Sullivan, Kevin) |
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Filing 41
ORDER SUBSTITUTING ATTORNEY signed by District Judge Troy L. Nunley on 11/14/2018 IT IS SO ORDERED Attorney Michael S. Kun to appear for Allegis Group Holdings, Inc., Allegis Group, Inc., and Maryland Marketsource, Inc., attorneys Alison Sue Hightower; Kurt R. Bockes and Rod M. Fliegel terminated. (Reader, L)
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Filing 40
ORDER SUBSTITUTING ATTORNEY signed by District Judge Troy L. Nunley on 11/14/2018 IT IS SO ORDERED Attorney Kevin D. Sullivan, to appear for Allegis Group Holdings, Inc., Allegis Group, Inc., and Maryland Marketsource, Inc., attorney Alison Sue Hightower; Kurt R. Bockes and Rod M. Fliegel terminated.(Reader, L)
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| Filing 39 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland Marketsource, Inc.. (Hightower, Alison) |
| Filing 38 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland Marketsource, Inc.. (Hightower, Alison) |
| Filing 37 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/4/2018: A review of the case shows that this matter was transferred from another district court. As is the practice of this Court, any dates pending prior to transfer are hereby VACATED. The parties are ORDERED to re-notice any pending motions before Judge Troy L. Nunley on an appropriate law and motion date and submit on the briefs. The parties may also file and notice new motions if they wish to raise new issues. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 36 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Lundstrom, T) |
| Filing 35 CASE TRANSFERRED IN from District of California Northern; Case Number 3:18-cv-02971. |
| Set/Reset Deadlines as to #20 MOTION to Change Venue . Motion Hearing set for 10/25/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 10/3/2018) [Transferred from cand on 10/3/2018.] |
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Filing 34
Order by Judge Edward M. Chen granting #32 Stipulation To Sever And Transfer Claims Under The First-To-File Rule, And Dismiss Portions Of Plaintiff's First Amended Complaint.(afmS, COURT STAFF) (Filed on 9/21/2018) [Transferred from cand on 10/3/2018.]
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| Filing 33 REPLY in Support (re #20 MOTION to Change Venue ) filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Attachments: #1 Supplemental Request for Judicial Notice, #2 Exhibit A to Supplemental RJN, #3 Exhibit B to Supplemental RJN)(Hightower, Alison) (Filed on 9/19/2018) [Transferred from cand on 10/3/2018.] |
| Filing 32 Amended STIPULATION WITH PROPOSED ORDER To Sever And Transfer Claims Under The First-To-File Rule, And Dismiss Portions Of Plaintiff's First Amended Complaint filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Attachments: #1 Proposed Order (Amended))(Hightower, Alison) (Filed on 9/19/2018) Modified on 9/20/2018 (slhS, COURT STAFF). [Transferred from cand on 10/3/2018.] |
| Filing 31 STIPULATION WITH PROPOSED ORDER To Sever And Transfer Claims Under The First-To-File Rule, And Dismiss Portions of Plaintiff's First Amended Complaint filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Attachments: #1 Proposed Order)(Hightower, Alison) (Filed on 9/19/2018) [Transferred from cand on 10/3/2018.] |
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Filing 30
Order by Judge Edward M. Chen granting #29 Stipulation to Extend Time to File Reply in Support of Motion to Dismiss and Motion to Transfer Venue. Defendants' reply to plaintiff's opposition to Motion to Dismiss and Motion to Transfer Venue is extended from 9/13/2018 to 9/19/2018. (afmS, COURT STAFF) (Filed on 9/14/2018) [Transferred from cand on 10/3/2018.]
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| Set/Reset Deadlines as to #19 MOTION to Dismiss Pursuant to the First-To-File Rule and Rule 12(b)(1) and 12(b)(6), #20 MOTION to Change Venue . Replies due by 9/19/2018. (afmS, COURT STAFF) (Filed on 9/14/2018) [Transferred from cand on 10/3/2018.] |
| Filing 29 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Extend Time to File Reply in Support of Motion to Dismiss and Motion to Transfer Venue filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Bockes, Kurt) (Filed on 9/12/2018) [Transferred from cand on 10/3/2018.] |
| Filing 28 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss Pursuant to the First-To-File Rule and Rule 12(b)(1) and 12(b)(6) ) filed by Johnny Esparza. (Leviant, Howard) (Filed on 8/27/2018) [Transferred from cand on 10/3/2018.] |
| Filing 27 Request for Judicial Notice re #26 Opposition/Response to Motion filed by Johnny Esparza. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #26 ) (Leviant, Howard) (Filed on 8/27/2018) [Transferred from cand on 10/3/2018.] |
| Filing 26 OPPOSITION/RESPONSE (re #20 MOTION to Change Venue ) filed by Johnny Esparza. (Leviant, Howard) (Filed on 8/27/2018) [Transferred from cand on 10/3/2018.] |
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Filing 25
STIPULATION AND ORDER re #24 To Continue Briefing Schedule, Court Hearing and Related Deadlines filed by Johnny Esparza To Continue Briefing Schedule, Court Hearing and Related Deadlines, #19 MOTION to Dismiss Pursuant to the First-To-File Rule and Rule 12(b)(1) and 12(b)(6), #20 MOTION to Change Venue . Motion Hearing reset for 10/25/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Case Management Statement due by 11/8/2018. Initial Case Management Conference reset for 11/15/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor.. Signed by Judge Edward M. Chen on 8/17/18. (bpfS, COURT STAFF) (Filed on 8/17/2018) [Transferred from cand on 10/3/2018.]
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| Set/Reset Deadlines as to Motion to Dismiss #19 and Motion to Change Venue #20. Responses due by 8/27/2018. Replies due by 9/13/2018. (bpfS, COURT STAFF) (Filed on 8/17/2018) [Transferred from cand on 10/3/2018.] |
| Filing 24 STIPULATION WITH PROPOSED ORDER To Continue Briefing Schedule, Court Hearing and Related Deadlines filed by Johnny Esparza. (Setareh, Chaim) (Filed on 8/15/2018) [Transferred from cand on 10/3/2018.] |
| Filing 23 CLERK'S NOTICE resetting hearing on #19 MOTION to Dismiss Pursuant to the First-To-File Rule and Rule 12(b)(1) and 12(b)(6), #20 MOTION to Change Venue from 9/6/2018 to 9/13/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 8/13/2018) [Transferred from cand on 10/3/2018.] |
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Filing 22
ORDER by Judge Edward M. Chen granting #21 Stipulation Continuing Initial Case Management Conference and Rule 26(f) Report. Case Management Statement due by 10/18/2018. Initial Case Management Conference set for 10/25/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (tlhS, COURT STAFF) (Filed on 8/3/2018) [Transferred from cand on 10/3/2018.]
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| Filing 21 STIPULATION WITH PROPOSED ORDER STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE AND RULE 26(f) REPORT filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RULE 26(f) REPORT)(Hightower, Alison) (Filed on 8/2/2018) [Transferred from cand on 10/3/2018.] |
| Filing 20 MOTION to Change Venue filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. Motion Hearing set for 9/6/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 8/16/2018. Replies due by 8/23/2018. (Attachments: #1 Declaration of Jennifer Pitz, #2 Signature Page (Declarations/Stipulations) to Pitz Declaration, #3 Declaration of Eva Billie, #4 Signature Page (Declarations/Stipulations) to Billie Declaration, #5 Declaration of Scott Wiley, #6 Signature Page (Declarations/Stipulations) to Wiley Declaration, #7 Request for Judicial Notice, #8 Exhibit A to Request for Judicial Notice, #9 Exhibit B, #10 Proposed Order)(Hightower, Alison) (Filed on 8/2/2018) [Transferred from cand on 10/3/2018.] |
| Filing 19 MOTION to Dismiss Pursuant to the First-To-File Rule and Rule 12(b)(1) and 12(b)(6) filed by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. Motion Hearing set for 9/6/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 8/16/2018. Replies due by 8/23/2018. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A to Request for Judicial Notice, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Hightower, Alison) (Filed on 8/2/2018) [Transferred from cand on 10/3/2018.] |
| Filing 18 NOTICE of Appearance by Kurt Bockes (Bockes, Kurt) (Filed on 8/2/2018) [Transferred from cand on 10/3/2018.] |
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Filing 17
STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT by Judge Edward M. Chen granting #16 Stipulation. (tlhS, COURT STAFF) (Filed on 7/26/2018) [Transferred from cand on 10/3/2018.]
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| Filing 16 STIPULATION WITH PROPOSED ORDER TO FILE FIRST AMENDED COMPLAINT filed by Johnny Esparza. (Attachments: #1 Exhibit)(Setareh, Chaim) (Filed on 7/26/2018) Modified on 7/27/2018 (slhS, COURT STAFF). [Transferred from cand on 10/3/2018.] |
| Filing 15 NOTICE by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc. (Notice of Withdrawal of Appearance of Allen P. Lohse as Attorney of Record) (Hightower, Alison) (Filed on 7/24/2018) [Transferred from cand on 10/3/2018.] |
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Filing 14
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 8/16/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 8/9/2018. Signed by Judge Edward M. Chen on 6/27/18. (bpf, COURT STAFF) (Filed on 6/27/2018) [Transferred from cand on 10/3/2018.]
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| Filing 13 Certificate of Interested Entities by Johnny Esparza (Setareh, Chaim) (Filed on 6/7/2018) [Transferred from cand on 10/3/2018.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Maria-Elena James 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 the Executive Committee on 6/6/18. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 6/6/2018) [Transferred from cand on 10/3/2018.]
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| Filing 11 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 6/5/2018) [Transferred from cand on 10/3/2018.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc... (Hightower, Alison) (Filed on 6/1/2018) [Transferred from cand on 10/3/2018.] |
| Filing 9 ERRATA re #1 Notice of Removal, by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Lohse, Allen) (Filed on 6/1/2018) [Transferred from cand on 10/3/2018.] |
| Filing 8 CERTIFICATE OF SERVICE by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc. re #1 Notice of Removal, (Fliegel, Rod) (Filed on 5/22/2018) [Transferred from cand on 10/3/2018.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Johnny Esparza.. (Setareh, Chaim) (Filed on 5/22/2018) [Transferred from cand on 10/3/2018.] |
| Filing 6 NOTICE of Appearance by Alison S. Hightower (Hightower, Alison) (Filed on 5/22/2018) [Transferred from cand on 10/3/2018.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/9/2018. Initial Case Management Conference set for 8/16/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 5/21/2018) Modified on 5/21/2018 (hdjS, COURT STAFF). [Transferred from cand on 10/3/2018.] |
| Filing 4 Declaration of ALISON NISBETT in Support of #1 Notice of Removal, filed byAllegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Related document(s) #1 ) (Fliegel, Rod) (Filed on 5/21/2018) [Transferred from cand on 10/3/2018.] |
| Filing 3 Case assigned to Magistrate Judge Maria-Elena James. 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 6/4/2018. (jmlS, COURT STAFF) (Filed on 5/21/2018) [Transferred from cand on 10/3/2018.] |
| Answer to Removed Complaint byAllegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (hdjS, COURT STAFF) (Filed on 5/21/2018) [Transferred from cand on 10/3/2018.] |
| Filing 2 Certificate of Interested Entities by Allegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc. re #1 Notice of Removal, (Fliegel, Rod) (Filed on 5/18/2018) [Transferred from cand on 10/3/2018.] |
| Filing 1 NOTICE OF REMOVAL from San Mateo Superior. Their case number is 18CIV01821. (Filing fee $400 receipt number 0971-12367977). Filed byAllegis Group Holdings, Inc., Allegis Group, Inc., Maryland MarketSource Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Fliegel, Rod) (Filed on 5/18/2018) [Transferred from cand on 10/3/2018.] |
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