NovelPoster v. Javitch Canfield Group et al
| NovelPoster |
| Javitch Canfield Group, Daniel Canfield, Mark Javitch, Matthew Grinberg, Alex Yancher and The Javitch Group LLC |
| Matthew "Matvey" Grinberg |
| 3:2013cv05186 |
| November 6, 2013 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Mateo |
| William H Orrick |
| Joseph C Spero |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2015. A more recent docket listing may be available from PACER.
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Filing 197
Order Dismissing Case with Prejudice and Dismissing Default by Hon. William H. Orrick granting #196 Stipulation. (jmdS, COURT STAFF) (Filed on 3/23/2015)
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| Filing 196 STIPULATION WITH PROPOSED ORDER DISMISSING CASE WITH PREJUDICE AND VACATING DEFAULT filed by Daniel Canfield(an individual), Mark Javitch(an individual), The Javitch Group LLC. (Willey, Carlton) (Filed on 3/20/2015) |
| Filing 195 Transcript of the AMENDED Proceedings of the Official Electronic Sound Recording held on January 21, 2015, before Judge William H. Orrick. AMENDMENT - SPEAKER NAMES CHANGED. Transcriber Carrie McKee-Parks, Telephone number 510-637-9897; mckee-parks65@att.net. FTR 2:40-3:04. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/11/2015. (cmp, COURT STAFF) (Filed on 2/9/2015) |
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Filing 194
ORDER OF DISMISSAL UPON SETTLEMENT. Signed by Judge William H. Orrick on 02/04/2015. (jmdS, COURT STAFF) (Filed on 2/4/2015)
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| Filing 193 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Settlement Conference held on 2/4/2015. Case settled in full with signed term sheet.Court Reporter Name or FTR Time Not Reported. Plaintiff Attorney David Nied; Keenan W. Ng. Defendant Attorney Carlton J. Willey. Attachment Civil Minutes - Settlement Conference - 2/3/2015.(tlS, COURT STAFF) (Date Filed: 2/4/2015) |
| Filing 192 Transcript of the Proceedings of the Official Electronic Sound Recording held on January 21, 2015, before Judge William H. Orrick. Transcriber Carrie McKee-Parks, Telephone number 510-637-9897; mckee-parks65@att.net. FTR 2:40-3:04. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/1/2015. (cmp, COURT STAFF) (Filed on 1/31/2015) |
| Filing 191 TRANSCRIPT ORDER by Matthew "Matvey" Grinberg, NovelPoster, Alex Yancher for Court Reporter FTR - San Francisco. (Dorsi, Michael) (Filed on 1/28/2015) |
| Set/Reset Hearing: Due to the Court's unavailability, Settlement Conference reset for 2/3/2015 09:30 AM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 1/28/2015) |
| Filing 190 TRANSCRIPT ORDER by Daniel Canfield, Mark Javitch(an individual), The Javitch Group LLC for Court Reporter FTR - San Francisco. (Willey, Carlton) (Filed on 1/23/2015) |
| Filing 189 Minute Entry for proceedings held before Hon. William H. Orrick: Motion Hearing held on 1/21/2015 re #150 MOTION for Summary Judgment and #148 MOTION to Dismiss Third Amended Counterclaim. Motions taken under submission; written order to follow. Court Reporter: FTR 2:40-3:04. Plaintiff Attorneys Keenan Ng and Michael S. Dorsi. Defendant Attorneys Neel Chatterjee, Carlton Willey and Scott Lindlaw. (jmdS, COURT STAFF) (Date Filed: 1/21/2015) |
| Filing 188 CLERK'S NOTICE OF CHANGE IN COURTROOM - Hearing on motions set for 1/21/2015 02:00 PM will be conducted in Courtroom 12, 19th Floor, San Francisco. This is a text only docket entry. There is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 1/16/2015) |
| Filing 187 Joint MOTION for Discovery re Leave to Amend Grinberg Response to RFA 58, filed by Matthew "Matvey" Grinberg. Motion Hearing set for 1/21/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 1/12/2015. Replies due by 1/12/2015. (Dorsi, Michael) (Filed on 1/12/2015) |
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Filing 186
ORDER GRANTING JOINT MOTION TO CONTINUE HEARING re #185 MOTION. Deadline reset as to #150 MOTION for Summary Judgment, #155 MOTION for Summary Judgment, and #148 MOTION to Dismiss Third Amended Counterclaim. Motion Hearing set for 1/21/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. The hearing in this case currently set for January 14, 2015 is VACATED and rescheduled for January 21, 2015 at 2:00 p.m. The joint statement previously due on or before January 5, 2015 is now due on or before January 12, 2015. Signed by Judge William H. Orrick on 01/05/2015. (jmdS, COURT STAFF) (Filed on 1/5/2015)
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| Filing 185 MOTION for Hearing re #183 Order,, Set Motion and Deadlines/Hearings, JOINT MOTION TO CONTINUE HEARING DATE TO JANUARY 21, 2015 filed by Daniel Canfield, Mark Javitch, Javitch Canfield Group. (Attachments: #1 Proposed Order)(Lindlaw, Scott) (Filed on 1/2/2015) |
| Filing 184 CLERK'S NOTICE Continuing Settlement Conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that by the request of the parties, the settlement conference currently scheduled for January 20, 2015, 2014 is continued to February 2, 2015 at 9:30 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. The settlement conference order issued on November 14, 2014 shall remain in effect. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 1/2/2015) |
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Filing 183
ORDER INSTRUCTING PARTIES TO SUBMIT JOINT STATEMENT AND RESCHEDULING HEARING re #176 Letter. Motion Hearing set for 1/14/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick as to #150 MOTION for Summary Judgment, #155 MOTION for Summary Judgment, and #148 MOTION to Dismiss Third Amended Counterclaim. Signed by Judge William H. Orrick on 12/29/2014. (jmdS, COURT STAFF) (Filed on 12/29/2014)
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| Filing 182 REPLY (re #148 MOTION to Dismiss Third Amended Counterclaim ) IN RESPONSE TO DEFENDANT'S OPPOSITION TO MOTION TO DISMISS filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Dorsi, Michael) (Filed on 12/24/2014) |
| Filing 181 REPLY (re #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ) filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Attachments: #1 Declaration of Scott Lindlaw ISO Defendants' Reply ISO Motion for Summary Judgment, #2 Exhibit CC - HH)(Lindlaw, Scott) (Filed on 12/24/2014) |
| Filing 180 Declaration of KATY M. YOUNG in Support of #177 Reply to Opposition/Response, filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit Exhibit A to Young Declaration, #2 Exhibit Exhibit B to Young Declaration, #3 Exhibit Exhibit C to Young Declaration)(Related document(s) #177 ) (Dorsi, Michael) (Filed on 12/24/2014) |
| Filing 179 Declaration of KEENAN W. NG in Support of #177 Reply to Opposition/Response, filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit Exhibit A to Ng Declaration, #2 Exhibit Exhibit B to Ng Declaration, #3 Exhibit Exhibit C to Ng Declaration, #4 Exhibit Exhibit D to Ng Declaration, #5 Exhibit Exhibit E to Ng Declaration, #6 Exhibit Exhibit F to Ng Declaration)(Related document(s) #177 ) (Dorsi, Michael) (Filed on 12/24/2014) |
| Filing 178 Declaration of MATT GRINBERG in Support of #177 Reply to Opposition/Response, filed byMatthew "Matvey" Grinberg, NovelPoster(a California General Partnership), Alex Yancher. (Related document(s) #177 ) (Dorsi, Michael) (Filed on 12/24/2014) |
| Filing 177 REPLY (re #150 MOTION for Summary Judgment ) ; REPLY TO OPPOSITION BY DEFENDANTS TO MOTION FOR PARTIAL SUMMARY JUDGMENT filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Dorsi, Michael) (Filed on 12/24/2014) |
| Filing 176 Letter from Plaintiffs and Defendants, Jointly . (Nied, David) (Filed on 12/22/2014) |
| Filing 175 RESPONSE (re #148 MOTION to Dismiss Third Amended Counterclaim ) - Opposition to Motion to Dismiss filed byDaniel Canfield, Mark Javitch. (Willey, Carlton) (Filed on 12/17/2014) |
| Filing 174 Declaration of Mark Javitch in Support of #172 Opposition/Response to Motion filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Related document(s) #172 ) (Lindlaw, Scott) (Filed on 12/17/2014) |
| Filing 173 Declaration of Scott Lindlaw in Support of #172 Opposition/Response to Motion filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z, #6 Exhibit AA, #7 Exhibit BB)(Related document(s) #172 ) (Lindlaw, Scott) (Filed on 12/17/2014) |
| Filing 172 RESPONSE (re #150 MOTION for Summary Judgment ) filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Lindlaw, Scott) (Filed on 12/17/2014) |
| Filing 171 DECLARATION in Opposition to #167 Opposition/Response to Motion, filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit A AND B)(Related document(s) #167 ) (Dorsi, Michael) (Filed on 12/17/2014) |
| Filing 170 DECLARATION of ALEX YANCHER in Opposition to #167 Opposition/Response to Motion, filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit A)(Related document(s) #167 ) (Dorsi, Michael) (Filed on 12/17/2014) |
| Filing 169 DECLARATION of MATT GRINBERG in Opposition to #167 Opposition/Response to Motion, filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Related document(s) #167 ) (Dorsi, Michael) (Filed on 12/17/2014) |
| Filing 168 DECLARATION of MICHAEL S. DORSI in Opposition to #167 Opposition/Response to Motion, filed byMatthew "Matvey" Grinberg, NovelPoster(a California General Partnership), Alex Yancher. (Attachments: #1 Exhibit A THROUGH C, #2 Exhibit D THROUGH I)(Related document(s) #167 ) (Dorsi, Michael) (Filed on 12/17/2014) |
| Filing 167 RESPONSE (re #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ) and OPPOSITION filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Dorsi, Michael) (Filed on 12/17/2014) |
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Filing 166
Order by Magistrate Judge Joseph C. Spero denying #123 Motion for Sanctions.(jcslc3, COURT STAFF) (Filed on 12/12/2014)
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Filing 165
*** FILED IN ERROR. PLEASE DISREGARD. *** Order by Magistrate Judge Joseph C. Spero denying #123 Motion for Sanctions.(jcslc3S, COURT STAFF) (Filed on 12/12/2014) Modified on 12/12/2014 (fff, COURT STAFF).
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| Filing 164 ANSWER to #136 Amended Complaint byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Willey, Carlton) (Filed on 12/5/2014) Modified on 12/8/2014 (aaaS, COURT STAFF). |
| Filing 163 Minute Entry for proceedings held before Magistrate Judge Joseph C. Spero: Motion Hearing held on 12/5/2014 re #123 MOTION for Sanctions AGAINST PLAINTIFF, COUNTERDEFENDANTS AND THEIR COUNSEL FOR FAILING TO COMPLY WITH RULE 34 NOTICE OF INSPECTION filed by Mark Javitch, Daniel Canfield. Motion Submitted. Court Reporter Name or FTR Time FTR 9:39-10:20. (klhS, COURT STAFF) (Date Filed: 12/5/2014) |
| Filing 162 ERRATA re #155 Motion by Daniel Canfield, Mark Javitch, The Javitch Group LLC. (Attachments: #1 Errata Corrected Version of Notice and Motion; Memorandum of Points and Authorities In Support of Defendants' Motion for Summary Judgment)(Lindlaw, Scott) (Filed on 12/4/2014) Modified on 12/5/2014 (aaaS, COURT STAFF). |
| Filing 161 Proposed Order re #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Daniel Canfield, Mark Javitch, The Javitch Group LLC. (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 160 Declaration of MARK L. JAVITCH in Support of #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Related document(s) #155 ) (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 159 EXHIBITS re #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Related document(s) #155 ) (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 158 Declaration of LYNELL E. PHILLIPS in Support of #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Related document(s) #155 ) (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 157 Declaration of DANIEL CANFIELD in Support of #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Related document(s) #155 ) (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 156 Declaration of SCOTT LINDLAW in Support of #155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed byDaniel Canfield, Mark Javitch, The Javitch Group LLC. (Attachments: #1 Exhibit A-U)(Related document(s) #155 ) (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 155 MOTION for Summary Judgment NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Daniel Canfield, Mark Javitch, The Javitch Group LLC. Motion Hearing set for 1/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 12/17/2014. Replies due by 12/24/2014. (Lindlaw, Scott) (Filed on 12/3/2014) |
| Filing 154 Declaration of ALEX YANCHER in Support of #150 MOTION for Summary Judgment , #151 Request for Judicial Notice filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit Exhibits A through C)(Related document(s) #150 , #151 ) (Young, Katy) (Filed on 12/3/2014) |
| Filing 153 Declaration of MATT GRINBERG in Support of #150 MOTION for Summary Judgment , #151 Request for Judicial Notice filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit Exhibits A through B)(Related document(s) #150 , #151 ) (Young, Katy) (Filed on 12/3/2014) |
| Filing 152 Declaration of MICHAEL S. DORSI in Support of #150 MOTION for Summary Judgment , #151 Request for Judicial Notice filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit Exhibits A through E)(Related document(s) #150 , #151 ) (Young, Katy) (Filed on 12/3/2014) |
| Filing 151 Request for Judicial Notice re #150 MOTION for Summary Judgment filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Related document(s) #150 ) (Young, Katy) (Filed on 12/3/2014) |
| Filing 150 MOTION for Summary Judgment filed by NovelPoster(a California General Partnership), Alex Yancher. Motion Hearing set for 1/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 12/17/2014. Replies due by 12/24/2014. (Young, Katy) (Filed on 12/3/2014) |
| Filing 149 Request for Judicial Notice re #148 MOTION to Dismiss Third Amended Counterclaim filed byMatthew "Matvey" Grinberg, NovelPoster, Alex Yancher. (Related document(s) #148 ) (Young, Katy) (Filed on 12/3/2014) |
| Filing 148 MOTION to Dismiss Third Amended Counterclaim filed by Matthew "Matvey" Grinberg, NovelPoster, Alex Yancher. Motion Hearing set for 1/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 12/17/2014. Replies due by 12/24/2014. (Young, Katy) (Filed on 12/3/2014) |
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Filing 147
STIPULATION AND ORDER EXTENDING DISCOVERY CUT-OFF FOR LIMITED PURPOSE OF DEPOSITION OF REBUTTAL DAMAGES EXPERT FRANK WISEHART by Hon. William H. Orrick granting #146 Stipulation. (jmdS, COURT STAFF) (Filed on 12/3/2014)
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| Filing 146 STIPULATION WITH PROPOSED ORDER EXTENDING DISCOVERY CUT-OFF FOR LIMITED PURPOSE OF DEPOSITION OF REBUTTAL DAMAGES EXPERT FRANK WISEHART filed by NovelPoster. (Young, Katy) (Filed on 12/2/2014) |
| Filing 145 NOTICE of Appearance by Scott David Lindlaw (Lindlaw, Scott) (Filed on 12/1/2014) |
| Filing 144 NOTICE of Appearance by Indra Neel Chatterjee (Chatterjee, Indra) (Filed on 12/1/2014) |
| Filing 143 CLERK'S NOTICE - Case Management Conference set for 12/02/2014 at 2:00 p.m. is VACATED. This is a text only docket entry; there is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 11/25/2014) |
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Filing 142
Order by Hon. William H. Orrick granting #137 Stipulation Extending Expert Witness Report Disclosures and Rebuttal for Computer Expert. (jmdS, COURT STAFF) (Filed on 11/24/2014)
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Filing 141
Order by Hon. William H. Orrick granting #135 Stipulation to file Second Amended Complaint. #136 Second Amended Complaint is deemed filed. (jmdS, COURT STAFF) (Filed on 11/21/2014) Modified on 11/24/2014 to reflect that 2nd Amended Complaint has been filed as a separate document (jmdS, COURT STAFF).
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| Filing 140 REPLY (re #123 MOTION for Sanctions AGAINST PLAINTIFF, COUNTERDEFENDANTS AND THEIR COUNSEL FOR FAILING TO COMPLY WITH RULE 34 NOTICE OF INSPECTION ) filed byDaniel Canfield, Mark Javitch(an individual), The Javitch Group LLC. (Attachments: #1 Exhibit A - Declaration of Mark Javitch, #2 Exhibit B - Deposition Transcript)(Willey, Carlton) (Filed on 11/19/2014) |
| Filing 139 NOTICE of Change of Address by Katy Marie Young on Behalf of NovelPoster (Young, Katy) (Filed on 11/17/2014) |
| Filing 138 Third Amended COUNTERCLAIM against Matthew "Matvey" Grinberg, NovelPoster(a California General Partnership), Alex Yancher, Alex Yancher. Filed byDaniel Canfield, Mark Javitch(an individual), The Javitch Group LLC. (Attachments: #1 Exhibit A - EE)(Willey, Carlton) (Filed on 11/14/2014) Modified on 11/17/2014 (aaaS, COURT STAFF). |
| Filing 137 STIPULATION WITH PROPOSED ORDER EXTENDING TIME RE EXPERT WITNESS REPORT DISCLOSURE AND REBUTTAL filed by NovelPoster. (Young, Katy) (Filed on 11/14/2014) |
| Filing 136 AMENDED COMPLAINT (SECOND) against Daniel Canfield, Mark Javitch, Javitch Canfield Group, The Javitch Group LLC. Filed byNovelPoster. (Young, Katy) (Filed on 11/14/2014) |
| Filing 135 STIPULATION WITH PROPOSED ORDER for Amendment filed by NovelPoster. (Attachments: #1 Exhibit Second Amended Complaint)(Young, Katy) (Filed on 11/14/2014) |
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Filing 134
NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference set for 1/20/2015 11:00 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 11/14/2014. (ahmS, COURT STAFF) (Filed on 11/14/2014)
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| Filing 133 Declaration of Keenan W.Ng in Support of #130 Opposition/Response to Motion, filed byNovelPoster. (Attachments: #1 Exhibit Exhibit A Face Sheet, #2 Exhibit Objection to Deposition Notice of PMK)(Related document(s) #130 ) (Young, Katy) (Filed on 11/12/2014) |
| Filing 132 Declaration of DAVID NIED in Support of #130 Opposition/Response to Motion, filed byNovelPoster. (Related document(s) #130 ) (Young, Katy) (Filed on 11/12/2014) |
| Filing 131 Declaration of MICHAEL S. DORSI in Support of #130 Opposition/Response to Motion, filed byNovelPoster. (Related document(s) #130 ) (Young, Katy) (Filed on 11/12/2014) |
| Filing 130 RESPONSE (re #123 MOTION for Sanctions AGAINST PLAINTIFF, COUNTERDEFENDANTS AND THEIR COUNSEL FOR FAILING TO COMPLY WITH RULE 34 NOTICE OF INSPECTION ) PLAINTIFF'S OPPOSITION filed byNovelPoster. (Young, Katy) (Filed on 11/12/2014) |
| CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 11/6/2014) |
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Filing 129
ORDER REFERRING CASE to Magistrate Judge Jacqueline Scott Corley for settlement conference to be held within 90 days of the date of this Order. Signed by Judge William H. Orrick on 11/05/2014. (jmdS, COURT STAFF) (Filed on 11/5/2014)
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| Filing 128 Minute Entry: Further Case Management Conference held on 11/4/2014 before William H. Orrick. The matter will be referred to Magistrate Judge Corley for settlement. (Court Reporter FTR 3:00-3:22) (jmdS, COURT STAFF) (Date Filed: 11/4/2014) |
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Filing 127
ORDER GRANTING COUNTERDEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COUNTERCLAIM by Hon. William H. Orrick granting #112 , #113 Motion to Dismiss. Counterclaimants are granted leave to amend. Any amended pleading must be submitted within 10 days of this order (11/14/2014). (jmdS, COURT STAFF) (Filed on 11/4/2014)
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| Filing 126 Statement - Joint Statement regarding Discovery Dispute by Daniel Canfield, Mark Javitch(an individual). (Willey, Carlton) (Filed on 11/3/2014) |
| Filing 125 CLERK'S NOTICE - Further Case Management Conference set for 11/4/2014 03:00 PM in Courtroom 2, 17th Floor, San Francisco. This is a text only docket entry; no document is associated with this notice. (jmdS, COURT STAFF) (Filed on 11/3/2014) |
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Filing 124
ORDER DENYING DEFENDANTS' SECOND MOTION FOR JUDGMENT ON THE PLEADINGS by Hon. William H. Orrick denying #111 Motion for Judgment on the Pleadings. (jmdS, COURT STAFF) (Filed on 11/3/2014)
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| Filing 123 MOTION for Sanctions AGAINST PLAINTIFF, COUNTERDEFENDANTS AND THEIR COUNSEL FOR FAILING TO COMPLY WITH RULE 34 NOTICE OF INSPECTION filed by Daniel Canfield, Mark Javitch(an individual). Motion Hearing set for 12/5/2014 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 11/12/2014. Replies due by 11/19/2014. (Attachments: #1 Exhibit A - P, #2 Declaration of Carlton J. Willey)(Willey, Carlton) (Filed on 10/29/2014) Modified on 12/12/2014 (fff, COURT STAFF). |
| Filing 122 NOTICE by NovelPoster re #121 Discovery Hearing, INSPECTION PROTOCOL FILED PER JUDGE SPERO'S INSTRUCTION (Young, Katy) (Filed on 10/28/2014) |
| Filing 121 Minute Entry: Telephonic Discovery Hearing held on 10/24/2014 before Joseph C. Spero. The parties shall immediately meet and confer as to a protocol, time and location for the Rule 34 computer inspection; and Defendant may file a duly noticed sanctions motion for expenses incurred in retaining an expert for the Rule 34 inspection noticed for today (October 24, 2014) (Recording #Not Reported.) (klhS, COURT STAFF) (Date Filed: 10/27/2014) |
| Filing 120 CLERK'S NOTICE - per Civil Local Rule 7-1(b), the Court finds #112 Motion to Dismiss suitable for disposition without oral argument and VACATES the hearing currently scheduled for October 29, 2014. This is a text only docket entry; there is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 10/24/2014) |
| Filing 119 Minute Entry: Motion Hearing held on 10/15/2014 before William H. Orrick re #111 MOTION for Judgment on the Pleadings. Motion taken under submission; written order to follow. (Court Reporter FTR 2:05-2:10) (jmdS, COURT STAFF) (Date Filed: 10/15/2014) |
| Filing 118 REPLY (re #112 MOTION to Dismiss Second Amended Counterclaim ) filed byNovelPoster(a California General Partnership). (Young, Katy) (Filed on 10/10/2014) |
| Filing 117 RESPONSE (re #112 MOTION to Dismiss Second Amended Counterclaim ) filed byDaniel Canfield, Mark Javitch(an individual). (Willey, Carlton) (Filed on 10/3/2014) |
| Filing 116 REPLY (re #111 MOTION for Judgment on the Pleadings ) filed byDaniel Canfield, Mark Javitch(an individual). (Attachments: #1 Reply In Support Of Request for Judicial Notice)(Willey, Carlton) (Filed on 10/1/2014) |
| Filing 115 RESPONSE (re #111 MOTION for Judgment on the Pleadings ) IN OPPOSITION TO REQUEST FOR JUDICIAL NOTICE FILED BY DEFENDANTS IN SUPPORT OF THEIR MOTION FOR JUDGMENT ON THE PLEADINGS filed byNovelPoster. (Young, Katy) (Filed on 9/24/2014) |
| Filing 114 RESPONSE (re #111 MOTION for Judgment on the Pleadings ) AND OPPOSITION TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS filed byNovelPoster. (Young, Katy) (Filed on 9/24/2014) |
| Filing 113 ERRATA re #112 MOTION to Dismiss Second Amended Counterclaim by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit A to Notice of Errata, #2 Declaration In Support of Notice of Errata)(Young, Katy) (Filed on 9/22/2014) |
| Filing 112 MOTION to Dismiss Second Amended Counterclaim filed by Matthew Grinberg, NovelPoster, Alex Yancher. Motion Hearing set for 10/29/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 10/3/2014. Replies due by 10/10/2014. (Young, Katy) (Filed on 9/19/2014) |
| Filing 111 MOTION for Judgment on the Pleadings filed by Daniel Canfield, Mark Javitch(an individual). Motion Hearing set for 10/15/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 9/24/2014. Replies due by 10/1/2014. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Mark Javitch)(Willey, Carlton) (Filed on 9/10/2014) |
| Filing 110 ANSWER to #103 Amended Complaint byDaniel Canfield, Mark Javitch(an individual). (Willey, Carlton) (Filed on 9/9/2014) Modified on 9/10/2014 (aaaS, COURT STAFF). |
| Filing 109 Statement re #108 Discovery Hearing, JOINT STATEMENT ON RESOLUTION OF OUTSTANDING DISCOVERY DISPUTES by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 9/9/2014) |
| Filing 108 Minute Entry: Discovery Hearing, lead trial counsel meet and confer, held on 9/4/2014 before Joseph C. Spero. Counsel shall e-file a joint one (1) paragraph letter that the parties resolved all of their outstanding discovery issues. (Recording #Not Reported.) (klhS, COURT STAFF) (Date Filed: 9/4/2014) |
| Filing 107 Second COUNTERCLAIM against NovelPoster, Matthew "Matvey" Grinberg, Alex Yancher, Alex Yancher. Filed byDaniel Canfield, Mark Javitch. (Attachments: #1 Exhibit Exhibits A - EE)(Willey, Carlton) (Filed on 8/29/2014) |
| Filing 106 CLERK'S NOTICE. Discovery Hearing (lead trial counsel meet and confer, and the CEO's of each party) set for 9/4/2014 at 10:00 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. This is a text only entry. There is no document associated with this Notice . (klhS, COURT STAFF) (Filed on 8/28/2014) |
| Filing 105 NOTICE OF REFERENCE; ORDER denying #100 Motion to Preserve Plaintiff and Third Party Confidentiality Designations; Order to Meet and Confer and File Joint Letter. IT IS HEREBY ORDERED that lead trial counsel for both parties shall meet and confer, in person, in Courtroom G no later than September 5, 2014. Counsel shall contact the undersigneds Courtroom Deputy, Karen Hom, at (415) 522-2035 to arrange a date and time for the meet-and-confer session.IT IS HEREBY FURTHER ORDERED that the Chief Executive Officers of each party shall attend, in person, the meet-and-confer session. (klhS, COURT STAFF) (Filed on 8/22/2014) |
| Filing 104 CLERKS NOTICE - Case Management Conference continued to 12/2/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. (CMC set for 08/26/2014 is VACATED.) Case Management Statement due by 11/25/2014. This is a text only docket entry; there is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 8/21/2014) |
| Filing 103 AMENDED COMPLAINT against Mark Javitch, Javitch Canfield Group, Javitch Canfield Group. Filed byMatthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 8/19/2014) |
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Filing 102
ORDER REFERRING CASE to Magistrate Judge (random assignment) for Discovery purposes. Signed by Judge William H. Orrick on 08/18/2014. (jmdS, COURT STAFF) (Filed on 8/18/2014)
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| Set Deadlines as to #100 MOTION for Hearing re Confidentiality Designations. Responses due by 8/29/2014. Replies due by 9/5/2014. Motion Hearing set for 9/24/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Filer failed to set deadlines as part of docketing event.) (jmdS, COURT STAFF) (Filed on 8/18/2014) |
| Filing 101 Declaration of Keenan W. Ng in Support of #100 MOTION for Hearing re Confidentiality Designations filed byMatthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #100 ) (Nied, David) (Filed on 8/15/2014) |
| Filing 100 MOTION for Hearing re Confidentiality Designations filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Nied, David) (Filed on 8/15/2014) |
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Filing 99
ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT by Hon. William H. Orrick granting #65 Motion to Dismiss. Third party plaintiffs are granted leave to amend their counterclaim and third-party complaint within 15 days. (jmdS, COURT STAFF) (Filed on 8/14/2014)
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| Filing 98 Minute Entry: Motion Hearing held on 8/13/2014 before William H. Orrick re #65 MOTION to Dismiss. Motion taken under submission; written order to follow. (Court Reporter FTR 2:14-2:19) (jmdS, COURT STAFF) (Date Filed: 8/13/2014) |
| Filing 97 Statement - Joint Statement regarding Discovery Dispute by Dan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 8/13/2014) |
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Filing 96
ORDER DENYING EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME AND EX PARTE APPLICATION FOR PROTECTIVE ORDER by Judge William H. Orrick re #88 , #89 , and #90 Ex Parte Applications. The Court will address any motions to quash a subpoena or for a protective order when the issue is ripe and if it is brought by the proper party. (jmdS, COURT STAFF) (Filed on 8/6/2014)
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Filing 95
STIPULATION AND ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM AND FIRST AMENDED THIRD PARTY COMPLAINT by Hon. William H. Orrick granting #94 Stipulation. (jmdS, COURT STAFF) (Filed on 8/5/2014)
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| Filing 94 STIPULATION WITH PROPOSED ORDER re #65 MOTION to Dismiss STIPULATION AND PROPOSED ORDER CONTINUING HEARING DATE FOR PLAINTIFFS MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM AND FIRST AMENDED THIRD PARTY COMPLAINT (DKT. 65) filed by Dan Canfield, Mark Javitch. (Attachments: #1 Declaration of Daniel E. Dersham)(Willey, Carlton) (Filed on 8/5/2014) |
| Reset Deadline as to #65 MOTION to Dismiss. Motion Hearing set for 8/13/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 8/5/2014) |
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Filing 93
ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS by Hon. William H. Orrick granting #60 Motion for Judgment on the Pleadings. NovelPoster is granted leave to amend its complaint with respect to the four causes of action that are the subject of this Order within 15 days. (jmdS, COURT STAFF) (Filed on 8/4/2014)
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| Filing 92 Statement re JOINT DISCOVERY AND MOTION PLAN by Dan Canfield, Matthew Grinberg, Mark Javitch, Javitch Canfield Group, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 8/1/2014) |
| Filing 91 RESPONSE (re #88 Ex Parte Application for an Order Shortening Time for a Hearing for Protective Order Preventing Defendants Contacting the Investors of Third Party Pantry Retail, Inc. ) filed byDan Canfield, Mark Javitch. (Attachments: #1 Exhibit Exhibits A-K, #2 Declaration of Carlton J. Willey, #3 Declaration of Mark Javitch)(Willey, Carlton) (Filed on 7/31/2014) |
| Filing 90 Ex Parte Application re #88 Ex Parte Application for an Order Shortening Time for a Hearing for Protective Order Preventing Defendants Contacting the Investors of Third Party Pantry Retail, Inc. MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT THEREOF filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Declaration of Katy M. Young, #2 Declaration of Jessica Valenzuela Santamaria, #3 Declaration of Alex Yancher)(Young, Katy) (Filed on 7/29/2014) |
| Filing 89 Ex Parte Application re #88 Ex Parte Application for an Order Shortening Time for a Hearing for Protective Order Preventing Defendants Contacting the Investors of Third Party Pantry Retail, Inc. filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Proposed Order for Protective Order)(Young, Katy) (Filed on 7/29/2014) |
| Filing 88 Ex Parte Application for an Order Shortening Time for a Hearing for Protective Order Preventing Defendants Contacting the Investors of Third Party Pantry Retail, Inc. filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Proposed Order Proposed Order Shortening Time for a Hearing for Protective Order)(Young, Katy) (Filed on 7/29/2014) |
| Filing 87 Transcript of Proceedings held on 07/09/2014, before Judge William H. Orrick. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, Telephone number (415) 722-7045: email: leomank@gmail.com. FTR time 2:07 p.m. - 3:34 p.m. = 39 minutes. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 8/12/2014. Redacted Transcript Deadline set for 8/22/2014. Release of Transcript Restriction set for 10/20/2014. (Mankiewicz, Leo) (Filed on 7/22/2014) |
| Filing 86 REPLY (re #65 MOTION to Dismiss ) TO OPPOSITION filed byMatthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 7/14/2014) |
| Filing 85 TRANSCRIPT ORDER by Dan Canfield, Mark Javitch for Court Reporter FTR - San Francisco. (Willey, Carlton) (Filed on 7/14/2014) |
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Filing 84
PROTECTIVE ORDER. Signed by Judge William H. Orrick on 07/11/2013. (jmdS, COURT STAFF) (Filed on 7/11/2014)
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Filing 83
ORDER REGARDING DISCOVERY DISPUTES AND PROTECTIVE ORDER by Judge William H. Orrick re #72 and #75 Ex Parte Applications. The Court ORDERS that plaintiff produce the eight categories of documents listed on page 2 of the #80 Joint Statement in a manner that complies with the Federal Rules of Civil Procedure by July 15, 2014, as agreed by the parties. The Court also ORDERS that Third Party Defendant Matthew Grinberg's responses to the First Set of Requests for Production of Documents, and any related documents, be served on defendants by July 17, 2014, as agreed on page 7 of the Joint Statement. In addition, the Court ORDERS that plaintiff serve defendants' subpoena on the business broker as agreed in the Joint Statement on pages 4, 5 and 6. The Court will enter a protective order to allow the parties to designate as "confidential" limited documents, such as tax returns and trade secrets. The parties are ordered to file a joint discovery and motion practice plan by August 1, 2014, to be discussed after the motion hearing set for August 6, 2014. (jmdS, COURT STAFF) (Filed on 7/10/2014)
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| Filing 82 Minute Entry: Motion Hearing held on 7/9/2014 before William H. Orrick re #60 MOTION for Judgment on the Pleadings, discovery dispute and request for protective order. Motion for Judgment on the Pleadings taken under submission; written order to follow. As to the discovery issues, the items that the parties have agreed upon shall become the order of the court. As to the dispute related to production of documents, the plaintiff is directed to identify by the bates stamp numbers the documents that have been produced in response to the categories that plaintiff alleges it has made production and to verify that the production is full and complete, or to supplement the production as may be necessary, no later than July 30, 2014. As to the issue of the protective order, while this is a case in which a protective order is appropriate, it is clear that there has been an over-designation of confidentiality thus far. Only documents that are entitled to be protected, such as tax returns and trade secrets, should be designated. (Court Reporter FTR 2:07-2:13, 3:01-3:34.) (jmdS, COURT STAFF) (Date Filed: 7/9/2014) |
| Filing 81 RESPONSE (re #65 MOTION to Dismiss ) Opposition to Plaintiff's Motion filed byDan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 7/7/2014) |
| Filing 80 Statement - Joint Statement of Counsel, re Plaintiff's Discovery Deficiencies by Dan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 7/7/2014) |
| Filing 79 RESPONSE (re #75 Ex Parte Application re #73 Declaration in Support, #72 Ex Parte Application re #71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION MEMORANDUM ) Brief in Response, per Order filed byDan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 7/3/2014) |
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Filing 78
ORDER ON MOTION TO SHORTEN TIME by Judge William H. Orrick re #70 and #71 Ex Parte Applications. The Court will address the Application for Protective Order Governing Confidential Information at the July 9th hearing. Until then, the Court's Model Protective Order be entered as the default order in this case. The defendant may file a three-page brief in opposition to the #72 and #75 Application by 4 p.m. on Thursday, July 3, 2014. (jmdS, COURT STAFF) (Filed on 7/2/2014)
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Filing 77
ORDER REQUIRING ATTENDANCE OF PARTIES AT HEARING ON JULY 9, 2014 re #68 Statement. On July 9, 2014, each of the parties to this action shall appear at the Courts law and motion calendar, which starts at 2 p.m. in Courtroom 2, 17th floor, 450 Golden Gate Avenue, San Francisco, California. Signed by Judge William H. Orrick on 06/30/2014. (jmdS, COURT STAFF) (Filed on 6/30/2014)
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| Filing 76 REPLY (re #60 MOTION for Judgment on the Pleadings ) Reply Brief In Support of MJP filed byDan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 6/27/2014) |
| Filing 75 Ex Parte Application re #73 Declaration in Support, #72 Ex Parte Application re #71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION MEMORANDUM OF POINTS & AUTHORITIES, #74 Proposed Order, filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Proposed Order)(Young, Katy) (Filed on 6/27/2014) |
| Filing 74 Proposed Order re #72 Ex Parte Application re #71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION MEMORANDUM OF POINTS & AUTHORITIES PROPOSED PROTECTIVE ORDER by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/27/2014) |
| Filing 73 Declaration of Katy M. Young in Support of #71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION filed byMatthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #71 ) (Young, Katy) (Filed on 6/27/2014) |
| Filing 72 Ex Parte Application re #71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION MEMORANDUM OF POINTS & AUTHORITIES filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/27/2014) |
| Filing 71 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Attachments: #1 Proposed Order)(Young, Katy) (Filed on 6/27/2014) |
| Filing 70 Ex Parte Application FOR ORDER SHORTENING TIME FOR A HEARING FOR ENTRY OF MODEL PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION filed by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/27/2014) |
| Filing 69 RESPONSE to re #68 Statement, (supplemental) of Defendants' re Discovery Dispute by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/27/2014) |
| Filing 68 Statement re #67 Statement - Additional Statement of Defendants Regarding Plaintiff's Counsel's Representations to the Court by Dan Canfield, Mark Javitch. (Attachments: #1 Exhibit A - Second Follow Up Letter to Discovery Deficiency Letter and Request for Joint Statement, #2 Exhibit B - Follow Up to Discovery Deficiency Letter)(Willey, Carlton) (Filed on 6/26/2014) |
| Filing 67 Statement re #66 Statement Responsive to Plaintiff's Discovery Dispute by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/26/2014) |
| Filing 66 Statement re Discovery Dispute following Meet and Confer by Dan Canfield, Mark Javitch. (Attachments: #1 Declaration of Carlton J. Willey)(Willey, Carlton) (Filed on 6/25/2014) |
| Filing 65 MOTION to Dismiss filed by Matthew Grinberg, NovelPoster, Alex Yancher. Motion Hearing set for 8/6/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 7/7/2014. Replies due by 7/14/2014. (Young, Katy) (Filed on 6/23/2014) |
| Filing 64 RESPONSE (re #60 MOTION for Judgment on the Pleadings ) filed byMatthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 6/20/2014) |
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Filing 63
Order by Hon. William H. Orrick re: #61 Statement and #62 Discovery Letter. Brief. Counsel are ORDERED to read SCHWARZER, TASHIMA & WAGSTAFFE, CAL. PRACTICE GUIDE: FED. CIV. PRO. BEFORE TRIAL 11:1901-11:1961 (The Rutter Group 2014). If a further dispute is brought to the Court, counsel should expect that expenses, including attorneys fees, will be awarded against the losing party unless that party was substantially justified in the position it took. (jmdS, COURT STAFF) (Filed on 6/12/2014)
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| Filing 62 Discovery Letter Briefin Response to Defendants' Filing filed by NovelPoster. (Young, Katy) (Filed on 6/11/2014) |
| Filing 61 Statement re Discovery Dispute following Meet and Confer by Dan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 6/11/2014) |
| Filing 60 MOTION for Judgment on the Pleadings filed by Dan Canfield, Mark Javitch. Motion Hearing set for 7/9/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 6/20/2014. Replies due by 6/27/2014. (Willey, Carlton) (Filed on 6/6/2014) |
| Filing 59 Amended COUNTERCLAIM against NovelPoster(a California General Partnership), Amended THIRD PARTY COMPLAINT against Alex Yancher, Matthew Grinberg. Filed byDan Canfield(an individual), Mark Javitch(an individual). (Attachments: #1 Exhibit A-CC, #2 Declaration of Mark Javitch)(Willey, Carlton) (Filed on 5/30/2014) |
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Filing 58
ORDER RE MOTION TO DISMISS COUNTERCLAIMS AND THIRD PARTY COMPLAINT by Hon. William H. Orrick denying as moot #50 Motion to Dismiss. On May 23, 2014, defendants filed an errata correcting typographical errors in their First Amended Counterclaim and First Amended Third Party Complaint (Docket No. #57 ). Within five (5) days of the date of this Order, defendants shall file a Corrected First Amended Counterclaim and First Amended Third Party Complaint which includes the corrections. Plaintiff may file a new motion to dismiss aimed at the claims and allegations in the First Amended Counterclaim and First Amended Third Party Complaint, or otherwise respond, by June 23, 2014.(jmdS, COURT STAFF) (Filed on 5/27/2014)
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| Filing 57 ERRATA re #55 Counterclaim, Third Party Complaint,, Notice of Errata re Dkt. 55 by Dan Canfield(an individual), Mark Javitch(an individual). (Willey, Carlton) (Filed on 5/23/2014) |
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Filing 56
ORDER DENYING PLAINTIFF'S REQUEST FOR STAY OF DISCOVERY re #53 Statement. Signed by Judge William H. Orrick on 05/23/2014. (jmdS, COURT STAFF) (Filed on 5/23/2014)
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| Filing 55 Amended COUNTERCLAIM against NovelPoster, Amended THIRD PARTY COMPLAINT against Matthew Grinberg, Alex Yancher. Filed byMark Javitch, Dan Canfield. (Attachments: #1 Exhibit Exhibits A - CC, #2 Declaration Mark Javitch)(Willey, Carlton) (Filed on 5/22/2014) |
| Filing 54 Statement re #53 Statement re Discovery Stay - Response of Defendants and Third Party Plaintiffs Opposing Discovery Stay by Dan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 5/21/2014) |
| Filing 53 Statement re Discovery Stay Following Meet and Confer per Standing Order for Civil Cases, Section 4, by Matthew Grinberg, NovelPoster, Alex Yancher. (Young, Katy) (Filed on 5/20/2014) |
| Filing 52 Brief re #51 Declaration in Support, #50 MOTION to Dismiss MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS filed byNovelPoster. (Related document(s) #51 , #50 ) (Young, Katy) (Filed on 5/12/2014) |
| Filing 51 Declaration in Support of #50 MOTION to Dismiss by Keenan W. Ng, and filed byNovelPoster. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #50 ) (Young, Katy) (Filed on 5/12/2014) |
| Filing 50 MOTION to Dismiss filed by NovelPoster. Motion Hearing set for 6/18/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 5/27/2014. Replies due by 6/3/2014. (Young, Katy) (Filed on 5/12/2014) |
| Filing 49 Transcript of Proceedings held on March 18, 2014, before Judge William H. Orrick. Transcriber Diane E. Skillman, Telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov, diane.transcripts@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 7/24/2014. (Related documents(s) #47 ) (Skillman, Diane) (Filed on 4/25/2014) |
| Filing 48 ANSWER to #1 Complaint with Jury Demand , THIRD PARTY COMPLAINT against Matthew Grinberg, Alex Yancher, COUNTERCLAIM against NovelPoster byMark Javitch, Dan Canfield. (Attachments: #1 Exhibit A-BB, #2 Declaration of Mark Javitch)(Willey, Carlton) (Filed on 4/21/2014) Modified on 4/22/2014 (aaaS, COURT STAFF). |
| Filing 47 TRANSCRIPT ORDER by Dan Canfield, Mark Javitch for Court Reporter FTR - San Francisco. (Willey, Carlton) (Filed on 4/4/2014) |
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Filing 46
ORDER by Judge William H. Orrick denying #16 and #24 Motions to Dismiss. Canfield and Javitch's Motions to Dismiss are DENIED. They shall answer within twenty (20) days. The April 2, 2014 hearing is VACATED. (jmdS, COURT STAFF) (Filed on 4/1/2014)
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Filing 45
CIVIL PRETRIAL ORDER. Signed by Judge William H. Orrick on 03/24/2014. (jmdS, COURT STAFF) (Filed on 3/24/2014)
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| Filing 44 Minute Entry: Case Management Conference held on 3/18/2014 before William H. Orrick. Motion Hearing as to #16 , #24 Motions to Dismiss set for 4/2/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Further Case Management Conference set for 8/26/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco (Case Management Statement due by 8/19/2014). Discovery cutoff: 12/1/2014. Dispositive motions to be heard by 1/7/2015. Pretrial Conference set for 3/9/2015 02:00 PM and Jury Trial set for 4/6/2015 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. (Court Reporter FTR 2:20-2:34) (jmdS, COURT STAFF) (Date Filed: 3/18/2014) |
| Filing 43 JOINT CASE MANAGEMENT STATEMENT filed by Dan Canfield, Mark Javitch. (Willey, Carlton) (Filed on 3/11/2014) |
| Filing 42 Statement re #41 Order Defendant's Response re Discovery Dispute and Certificate of Compliance by Dan Canfield, Mark Javitch. (Attachments: #1 Exhibit A)(Willey, Carlton) (Filed on 3/7/2014) |
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Filing 41
ORDER REGARDING DISCOVERY DISPUTE. Signed by Judge William H. Orrick on 03/05/2014. (jmdS, COURT STAFF) (Filed on 3/5/2014)
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| Set/Reset Hearing Mediation Hearing set for 3/10/2014 09:00 AM., at Farella, Braun & Martel LLP235 Montgomery Street 17th Floor, San Francisco, CA 94104. (af, COURT STAFF) (Filed on 3/5/2014) |
| Filing 40 Statement re Case Referred to Mediation, #38 Order, Terminate Motions, Set Deadlines/Hearings,,,,,,,,,,,, #39 ADR Clerks Notice Appointing Mediator, #37 Telephone Conference INDIVIDUAL STATEMENT RE DISCOVERY DISPUTE FOLLOWING MEET AND CONFER PER STANDING ORDER FOR CIVIL CASES SECTION 4 by NovelPoster. (Young, Katy) (Filed on 2/24/2014) |
| Filing 39 ADR Clerks Notice Appointing Mark Petersen as Mediator. (af, COURT STAFF) (Filed on 2/18/2014) |
| CASE REFERRED to ADR Program for court-sponsored Mediation #38 . (af, COURT STAFF) (Filed on 2/12/2014) |
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Filing 38
ORDER GRANTING DISCOVERY, CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE, AND REQUIRING MEDIATION re #34 Ex Parte Application for Temporary Restraining Order, #33 EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR A HEARING, and #35 MOTION for Temporary Restraining Order and Preliminary Injunction. Within seven days of the date of this Order, the defendants shall provide NovelPoster with all emails and other written communications, including any contracts or other agreements, between them and any third-party customers (past, actual, or potential) related to NovelPoster from June 6, 2013, to January 10, 2014. The parties, with principals present, shall mediate this matter as soon as practicable, ideally before March 10, 2014. This matter is referred to the Courts ADR Unit for selection of a mediator. Case Management Conference continued to 3/18/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. (Case Management Statement due by 3/11/2014.) The hearing on defendants motions to dismiss, scheduled for February 19, 2014, is vacated. Signed by Judge William H. Orrick on 02/10/2014. (jmdS, COURT STAFF) (Filed on 2/10/2014)
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| Filing 37 Minute Entry: Telephone Conference conducted regarding ex parte application for temporary restraining order. Written order to follow. (Court Reporter n/a) (jmdS, COURT STAFF) (Date Filed: 2/10/2014) |
| Filing 36 CLERKS NOTICE - Telephone Conference set for 2/10/2014 02:00 PM. This is a text only docket entry; there is no document associated with this notice. (jmdS, COURT STAFF) (Filed on 2/7/2014) |
| Filing 35 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction filed by NovelPoster. Responses due by 2/21/2014. Replies due by 2/28/2014. (Attachments: #1 Declaration Grinberg, #2 Declaration Yancher, #3 Declaration Young, #4 Declaration Ng)(Young, Katy) (Filed on 2/7/2014) |
| Filing 34 Ex Parte Application re #33 Ex Parte Application EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR A HEARING FOR A TEMPORARY RESTRAINING ORDER AND AN ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE filed by NovelPoster. (Attachments: #1 Proposed Order Ex Parte Order re TRO)(Young, Katy) (Filed on 2/7/2014) |
| Filing 33 Ex Parte Application EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR A HEARING FOR A TEMPORARY RESTRAINING ORDER AND AN ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE filed by NovelPoster. (Attachments: #1 Proposed Order Order Shortening Time)(Young, Katy) (Filed on 2/7/2014) |
| Filing 32 STIPULATION and Proposed Order selecting Private ADR by NovelPoster STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS filed by NovelPoster. (Young, Katy) (Filed on 2/4/2014) |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Young, Katy) (Filed on 2/4/2014) |
| Filing 30 REPLY (re #24 MOTION to Dismiss Plaintiff's Complaint pursuant to FRCP 12(b)(6) and FRCP 12(b)(7) ) filed byMark Javitch. (Willey, Carlton) (Filed on 2/3/2014) |
| Filing 29 CERTIFICATE OF SERVICE by NovelPoster Proof of Service Mark Javitch (Young, Katy) (Filed on 1/30/2014) |
| Filing 28 ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 1/30/2014) |
| Filing 27 REPLY (re #16 MOTION to Dismiss ) Pursuant to FRCP 12(b)(6) and FRCP 12(b)(1) filed byDan Canfield. (Willey, Carlton) (Filed on 1/28/2014) |
| Filing 26 RESPONSE (re #24 MOTION to Dismiss Plaintiff's Complaint pursuant to FRCP 12(b)(6) and FRCP 12(b)(7) ) filed byNovelPoster. (Young, Katy) (Filed on 1/27/2014) |
| Filing 25 Certificate of Interested Entities by Mark Javitch THE JAVITCH GROUP, LLC (Willey, Carlton) (Filed on 1/13/2014) |
| Filing 24 MOTION to Dismiss Plaintiff's Complaint pursuant to FRCP 12(b)(6) and FRCP 12(b)(7) filed by Mark Javitch. Motion Hearing set for 2/19/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 1/27/2014. Replies due by 2/3/2014. (Willey, Carlton) (Filed on 1/13/2014) |
| Filing 23 CERTIFICATE OF SERVICE by NovelPoster re #22 Opposition/Response to Motion (Young, Katy) (Filed on 1/12/2014) |
| Filing 22 RESPONSE (re #16 MOTION to Dismiss ) PLAINTIF'S OPPOSITION TO DEFENDANT DANIEL CANFIELD'S MOTION TO DISMISS filed byNovelPoster. (Young, Katy) (Filed on 1/9/2014) |
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Filing 21
SCHEDULING ORDER - The parties have agreed to a briefing and hearing schedule re #16 MOTION to Dismiss. As such the #17 Order to Show Cause and the deadlines and hearings therein are VACATED. Plaintiff's Response to #16 motion is due 01/09/2014; Defendant's reply, if any, is due 01/28/2014. Case Management Statement due by 2/12/2014. Motion Hearing and Case Management Conference set for 2/19/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 01/06/2014. (jmdS, COURT STAFF) (Filed on 1/6/2014) (Additional attachment(s) added on 1/6/2014: #1 Certificate/Proof of Service) (jmdS, COURT STAFF).
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| Set/Reset Deadlines as to #16 MOTION to Dismiss. Responses due by 1/9/2014. Replies due by 1/28/2014. Motion Hearing set for 2/19/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 1/6/2014) |
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Filing 20
***VACATED***ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 2/19/2014 02:00 PM. Show Cause Response due by 1/9/2014. Signed by Judge William H. Orrick on 01/02/2014. (jmdS, COURT STAFF) (Filed on 1/2/2014) (Additional attachment(s) added on 1/2/2014: #1 Certificate/Proof of Service) (jmdS, COURT STAFF). Modified on 1/6/2014 (jmdS, COURT STAFF).
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Filing 17
ORDER VACATING #14 CLERK'S ENTRY OF DEFAULT (as to DAVID CANFIELD only). Signed by Judge William H. Orrick on 12/12/2013. (jmdS, COURT STAFF) (Filed on 12/12/2013) (Additional attachment(s) added on 12/12/2013: #1 Certificate/Proof of Service) (jmdS, COURT STAFF).
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Filing 15
CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference set for 2/4/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 1/28/2014. Signed by Judge William H. Orrick on 12/09/2013. (jmdS, COURT STAFF) (Filed on 12/9/2013)
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| Filing 14 Clerks Notice ENTRY OF DEFAULT as to Defendant Javitch Canfield Group & Defendant Daniel Canfield. (Related documents(s) #11 )(aaa, COURT STAFF) (Filed on 12/9/2013) |
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Filing 13
ORDER, Case reassigned to Hon. William H. Orrick. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 12/9/13. (ha, COURT STAFF) (Filed on 12/9/2013)
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| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (lrc, COURT STAFF) (Filed on 12/9/2013) |
| Filing 11 REQUEST TO CLERK TO ENTER DEFAULT; filed by NovelPoster. (Attachments: #1 Declaration Declaration of Katy M. Young in support of Request for Entry of Default)(Young, Katy) (Filed on 12/6/2013) Modified on 12/9/2013 (aaaS, COURT STAFF). |
| Filing 10 CERTIFICATE OF SERVICE by NovelPoster re #1 Complaint, Proof of Personal Service (Corrected) Dan Canfield (Young, Katy) (Filed on 12/6/2013) |
| Filing 9 CERTIFICATE OF SERVICE by NovelPoster re #1 Complaint, Proof of Personal Service (Corrected) Javitch Canfield Group (Young, Katy) (Filed on 12/6/2013) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NovelPoster.. (Young, Katy) (Filed on 12/6/2013) |
| Filing 7 CERTIFICATE OF SERVICE by NovelPoster re #1 Complaint, Proof of Personal Service Javitch Canfield Group (Young, Katy) (Filed on 12/6/2013) |
| Filing 6 CERTIFICATE OF SERVICE by NovelPoster re #1 Complaint, Proof of Personal Service Dan Canfield (Young, Katy) (Filed on 12/6/2013) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NovelPoster.. (hdjS, COURT STAFF) (Filed on 12/4/2013) |
| Filing 18 DUPLICATIVE OF DOCKET NUMBER #16 MOTION to Dismiss filed by NovelPoster. Responses due by 12/18/2013. Replies due by 12/26/2013. (hdjS, COURT STAFF) (Filed on 12/4/2013) Modified on 12/16/2013 (aaaS, COURT STAFF). |
| Filing 16 NOTICE OF MOTION AND MOTION TO DISMISS AND MEMORANDUM OF POINTS & AUTHORITIES; filed by Dan Canfield. Responses due by 12/18/2013. Replies due by 12/26/2013. (Attachments: #1 Proposed Order)(aaa, COURT STAFF) (Filed on 12/4/2013) E-Filed Per Chambers |
| Filing 5 FIRST CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. THIS IS A TEXT ENTRY ONLY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS ENTRY. (lrc, COURT STAFF) (Filed on 11/22/2013) |
| Filing 4 Summons Issued as to Dan Canfield, Mark Javitch, Javitch Canfield Group. (mclS, COURT STAFF) |
| Filing 3 ADR SCHEDULING ORDER: Case Management Statement due by 1/28/2014. Case Management Conference set for 2/4/2014 10:00 AM. (Attachments: #1 Standing Order)(mclS, COURT STAFF) (Filed on 11/7/2013) |
| Filing 2 Case assigned to Magistrate Judge Elizabeth D. Laporte. 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. (as, COURT STAFF) (Filed on 11/7/2013) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-8141899.). Filed byNovelPoster. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Young, Katy) (Filed on 11/6/2013) Modified on 11/7/2013 (mclS, COURT STAFF). |
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