Backus v. Biscomerica Corporation
Plaintiff: Backus and Troy Backus
Defendant: Biscomerica Corporation
Case Number: 4:2016cv03916
Filed: July 12, 2016
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2019 Filing 59 CLERK'S JUDGMENT in favor of Biscomerica Corporation against Troy Backus. (ndrS, COURT STAFF) (Filed on 5/10/2019)
March 29, 2019 Opinion or Order Filing 58 ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING #38 Motion to Dismiss. (hsglc1S, COURT STAFF) (Filed on 3/29/2019)
November 8, 2018 Filing 57 Supplemental Brief re 55 Order Lifting Stay,, filed byTroy Backus. (Related document(s) 55 ) (Weston, Gregory) (Filed on 11/8/2018)
November 8, 2018 Filing 56 RESPONSE to re 55 Order Lifting Stay,, by Biscomerica Corporation. (Brandt, Brendan) (Filed on 11/8/2018)
October 24, 2018 Opinion or Order Filing 55 ORDER by Hon. Haywood S. Gilliam, Jr. LIFTING stay entered on June 22, 2017 and DIRECTING the parties to file simultaneous briefs of no more than 5 pages each by November 8, 2018 addressing how the Ninth Circuit decisions identified in the joint status report affect the issues raised in the motion to dismiss. No responsive briefs are permitted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 10/24/2018)
October 19, 2018 Filing 54 JOINT STATUS REPORT, Joint Request to Lift Stay by Troy Backus. and Biscomerica Corporation (Weston, Gregory) (Filed on 10/19/2018) Modified on 10/22/2018 (jjbS, COURT STAFF).
July 25, 2018 Set Deadline Pursuant to Docket No. 53 : Joint Status Report due by 10/20/2018. (ndrS, COURT STAFF) (Filed on 7/25/2018)
July 25, 2018 Opinion or Order Filing 53 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than two pages regarding the status of the cases described in their July 20, 2018 status report. Dkt. No. 52. The parties shall file their joint status report no later than October 20, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc1S, COURT STAFF) (Filed on 7/25/2018)
July 20, 2018 Filing 52 JOINT STATUS REPORT by Troy Backus and Biscomerica Corporation. (Weston, Gregory) (Filed on 7/20/2018) Modified on 7/23/2018 (jjbS, COURT STAFF).
April 23, 2018 Set Deadline Pursuant to Docket No. 51 : Joint Status Report due by 7/23/2018. (ndrS, COURT STAFF) (Filed on 4/23/2018)
April 23, 2018 Opinion or Order Filing 51 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than two pages regarding the status of the cases pending in the Ninth Circuit which involve similar allegations to those set forth in this case, including those mentioned in their April 20, 2018 status report. Dkt. No. 50. The parties shall file their joint status report no later than July 23, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 4/23/2018)
April 20, 2018 Filing 50 STATUS REPORT by Troy Backus. (Weston, Gregory) (Filed on 4/20/2018)
January 24, 2018 Set Deadline Pursuant to Docket No. 49 : Status Report due by 4/23/2018. (ndrS, COURT STAFF) (Filed on 1/24/2018)
January 23, 2018 Opinion or Order Filing 49 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than two pages regarding the status of the cases pending in the Ninth Circuit which involve similar allegations to those set forth in this case, including those mentioned in their January 22, 2018 status report. See Dkt. No. 48. The parties shall file their joint status report by April 23, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc1S, COURT STAFF) (Filed on 1/23/2018)
January 22, 2018 Filing 48 STATUS REPORT by Troy Backus. (Weston, Gregory) (Filed on 1/22/2018)
October 10, 2017 Opinion or Order Filing 47 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than two pages regarding the status of Hawkins v. The Kroger Company, No. 16-55532 (9th Cir.) and Hawkins v. AdvancePierre Foods, Inc., No. 16-56697 (9th Cir.), which are currently pending before the Ninth Circuit and involve substantially similar issues to those raised in this case. The parties shall file their joint status report by January 26, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc1S, COURT STAFF) (Filed on 10/10/2017)
October 10, 2017 Set Deadline Pursuant to Docket No. 47 : Joint Status Report due by 1/26/2018. (ndrS, COURT STAFF) (Filed on 10/10/2017)
September 18, 2017 Filing 46 JOINT STATUS REPORT by Troy Backus. (Weston, Gregory) (Filed on 9/18/2017) Modified on 9/19/2017 (vlkS, COURT STAFF).
June 22, 2017 Opinion or Order Filing 45 ORDER STAYING CASE Re Docket No. #34 : Joint Status Report due by 9/20/2017. Signed by Judge Haywood S. Gilliam, Jr. on 6/22/2017. (ndrS, COURT STAFF) (Filed on 6/22/2017)
June 20, 2017 Filing 44 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending ( #38 , #41 ) motions to dismiss filings under submission. The hearings previously scheduled for June 22, 2017 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/20/2017)
June 9, 2017 Filing 43 RESPONSE (re #32 Statement of Recent Decision ) filed by Biscomerica Corporation. (Brandt, Brendan) (Filed on 6/9/2017) Modified on 6/12/2017 (vlkS, COURT STAFF).
June 6, 2017 Filing 42 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byTroy Backus. (Related document(s) #34 , #40 ) (Weston, Gregory) (Filed on 6/6/2017)
June 1, 2017 Filing 41 Reply in Support of #38 Motion to Dismiss First Amended Complaint filed by Biscomerica Corporation. (Attachments: #1 Supplement)(Brandt, Brendan) (Filed on 6/1/2017) Modified on 3/28/2019 (jjbS, COURT STAFF).
May 19, 2017 Filing 40 OPPOSITION/RESPONSE (re #38 First MOTION to Dismiss First Amended Complaint ) filed byTroy Backus. (Weston, Gregory) (Filed on 5/19/2017)
May 15, 2017 Filing 39 ADR Remark: ADR Phone Conference held by Howard Herman on 5/12/2017. (af, COURT STAFF) (Filed on 5/15/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.)
May 5, 2017 Filing 38 First MOTION to Dismiss First Amended Complaint filed by Biscomerica Corporation. Motion Hearing set for 6/22/2017 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Haywood S Gilliam Jr.. Responses due by 5/19/2017. Replies due by 5/26/2017. (Attachments: #1 Exhibit Request for Judicial Notice)(Brandt, Brendan) (Filed on 5/5/2017)
May 1, 2017 Filing 37 ADR Clerk's Notice Setting ADR Phone Conference on Friday, May 12, 2017, at 3:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 5/1/2017)
April 20, 2017 Filing 36 OPPOSITION/RESPONSE (re #34 ADMINISTRATIVE MOTION to Stay Case Pending Decisions by the Ninth Circuit ) filed byBiscomerica Corporation. (Brandt, Brendan) (Filed on 4/20/2017)
April 17, 2017 Filing 35 AMENDED COMPLAINT against Biscomerica Corporation. Filed byTroy Backus. (Weston, Gregory) (Filed on 4/17/2017)
April 6, 2017 Filing 34 ADMINISTRATIVE MOTION to Stay Case Pending Decisions by the Ninth Circuit filed by Troy Backus. Responses due by 4/10/2017. (Attachments: #1 Declaration of Gregory S. Weston, #2 Proposed Order Granting Administrative Motion to Stay Case Pending Decisions by the Ninth Circuit)(Weston, Gregory) (Filed on 4/6/2017) Modified on 6/23/2017 (ndrS, COURT STAFF).
March 29, 2017 Filing 33 NOTICE of Election to Amend Complaint by Troy Backus (Weston, Gregory) (Filed on 3/29/2017) Modified on 3/30/2017 (alsS, COURT STAFF).
March 27, 2017 Opinion or Order Filing 32 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING DEFENDANTS #9 MOTION TO DISMISS.Amended Pleadings due by 4/17/2017. (ndrS, COURT STAFF) (Filed on 3/27/2017)
March 2, 2017 Filing 31 CLERKS NOTICE REGARDING CHANGE OF LOCATION FOR JUDGE GILLIAM:Effective March 2, 2017, Judge Haywood S. Gilliam, Jr.'s courtroom and chambers will be located in the Ronald V. Dellums Federal Building and United States Courthouse, Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. On or after March 2, 2017, all filings for matters pending on Judge Gilliam's docket, all court appearances, and all deliveries of chambers copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged.Please note that all of Judge Gilliam's case files will be moved to the Oakland Courthouse; therefore, all case numbers assigned to him will be changed slightly to reflect the correct location. Previously, all case numbers started with 3 to indicate the San Francisco office (Example: 3:15-cv-1129-HSG). As of March 2, 2017 all of Judge Gilliam's case files will begin with 4 to indicate the Oakland office, but everything else will stay the same (Example: 4:15-cv-1129-HSG). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 12-12345 (YY-NNNNN).For information on the Oakland Courthouse please go to: http://cand.uscourts.gov/locations-oakland (aaa, COURT STAFF) (Filed on 3/2/2017)
January 4, 2017 Opinion or Order Filing 30 ORDER by Judge Haywood S. Gilliam Jr. Having considered the parties' #29 joint stipulation to continue the deadline to complete mediation, the Court VACATES the current ADR deadline. The Court will set a Case Management Conference to discuss the case calendar, including a new ADR deadline, following the issuance of an order on Defendant's motion to dismiss. (This is a text only docket entry, there is no document associated with this notice.) (hsglc1S, COURT STAFF) (Filed on 1/4/2017)
November 16, 2016 Filing 29 STIPULATION WITH PROPOSED ORDER Continuing Deadline to Complete Mediation filed by Troy Backus. (Weston, Gregory) (Filed on 11/16/2016)
October 31, 2016 Filing 28 ADR Clerk's Notice Appointing Samuel R. Miller as Mediator. (af, COURT STAFF) (Filed on 10/31/2016)
October 6, 2016 Filing 27 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set October 11, 2016, is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/6/2016) Modified on 10/6/2016 (ecgS, COURT STAFF).
October 5, 2016 Opinion or Order Filing 26 ORDER by Judge Haywood S. Gilliam, Jr. Granting #23 Stipulation Selecting Mediation. (ndrS, COURT STAFF) (Filed on 10/5/2016)
October 5, 2016 Filing 25 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Troy Backus. (Weston, Gregory) (Filed on 10/5/2016) Modified on 10/5/2016 (ecgS, COURT STAFF).
October 4, 2016 Filing 24 REPORT of Rule 26(f) Planning Meeting . (Weston, Gregory) (Filed on 10/4/2016)
October 4, 2016 Filing 23 STIPULATION and Proposed Order selecting Mediation by Troy Backus filed by Troy Backus. (Weston, Gregory) (Filed on 10/4/2016)
October 4, 2016 Filing 22 NOTICE of Appearance by Andrew Christopher Hamilton (Hamilton, Andrew) (Filed on 10/4/2016)
October 4, 2016 Electronic filing error. Incorrect event used [err101] and Incorrect PDF attached [err201] Re: #24 Report of Rule 26(f) Planning Meeting filed by Troy Backus. Correct event is Joint Case Management Conference Statement. Counsel should use the Court's appropriate form "Joint Case Management Statement and Proposed Order" located on the Court's website http://cand.uscourts.gov/civilforms. Please re-file in its entirety using Civil Events > Other Filings > Other Documents > Joint Case Management Statement.(ecgS, COURT STAFF) (Filed on 10/4/2016)
September 29, 2016 Filing 21 Certificate of Interested Entities by Biscomerica Corporation (Samaniego, Angelica) (Filed on 9/29/2016)
September 27, 2016 Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options. (Brandt, Brendan) (Filed on 9/27/2016) Modified on 9/29/2016 (mclS, COURT STAFF).
September 26, 2016 Filing 19 Certificate of Interested Entities by Troy Backus (Weston, Gregory) (Filed on 9/26/2016)
September 26, 2016 Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Weston, Gregory) (Filed on 9/26/2016)
September 23, 2016 Filing 17 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 9/23/2016)
September 21, 2016 Filing 16 CORRECTED 15 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #9 motion to dismiss filings under submission. The hearing previously scheduled for September 22, 2016 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) **Clerk's notice is being issued to correct vacated hearing date.** (ndrS, COURT STAFF) (Filed on 9/21/2016)
September 21, 2016 Filing 15 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #9 motion to dismiss filings under submission. The hearing previously scheduled for September 21, 2016 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 9/21/2016)
August 23, 2016 Filing 14 EXHIBITS re #13 Request for Judicial Notice filed byBiscomerica Corporation. (Related document(s) #13 ) (Samaniego, Angelica) (Filed on 8/23/2016)
August 23, 2016 Filing 13 Request for Judicial Notice re #12 Reply to Opposition/Response filed byBiscomerica Corporation. (Related document(s) #12 ) (Samaniego, Angelica) (Filed on 8/23/2016)
August 23, 2016 Filing 12 REPLY (re #9 MOTION to Dismiss and Request for Judicial Notice ) filed byBiscomerica Corporation. (Samaniego, Angelica) (Filed on 8/23/2016)
August 16, 2016 Filing 11 RESPONSE (re #9 MOTION to Dismiss and Request for Judicial Notice ) Opposition to Motion to Dismiss filed byTroy Backus. (Weston, Gregory) (Filed on 8/16/2016)
August 2, 2016 Filing 10 Request for Judicial Notice re #9 MOTION to Dismiss and Request for Judicial Notice filed byBiscomerica Corporation. (Attachments: #1 Exhibit 1-3)(Related document(s) #9 ) (Brandt, Brendan) (Filed on 8/2/2016)
August 2, 2016 Filing 9 MOTION to Dismiss and Request for Judicial Notice filed by Biscomerica Corporation. Motion Hearing set for 9/22/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 8/16/2016. Replies due by 8/23/2016. (Brandt, Brendan) (Filed on 8/2/2016)
July 14, 2016 Filing 8 SUMMONS Returned Executed by Troy Backus. Biscomerica Corporation served on 7/13/2016, answer due 8/3/2016. (Weston, Gregory) (Filed on 7/14/2016)
July 13, 2016 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/4/2016. Case Management Conference set for 10/11/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Filing 6 Summons Issued as to Biscomerica Corporation. (dtmS, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Filing 5 Civil Cover Sheet by Troy Backus Corrected Civil Cover Sheet. (Weston, Gregory) (Filed on 7/13/2016)
July 13, 2016 Filing 4 Case assigned to Hon. Haywood S Gilliam, Jr. 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. (sv, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Filing 3 CLERK'S NOTICE counsel to resubmit correct/current civil cover sheet. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sv, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Electronic filing error. REMINDER: Proposed Summons should be posted as a stand-alone entry and not attached to the Complaint. Re: #1 Complaint filed by Troy Backus (dtmS, COURT STAFF) (Filed on 7/13/2016)
July 12, 2016 Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Troy Backus.. (Weston, Gregory) (Filed on 7/12/2016)
July 12, 2016 Filing 1 COMPLAINT against Biscomerica Corporation ( Filing fee $ 400, receipt number 0971-10601417.). Filed byTroy Backus. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Weston, Gregory) (Filed on 7/12/2016)

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Defendant: Biscomerica Corporation
Represented By: Brendan William Brandt
Represented By: Angelica Acosta Samaniego
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Plaintiff: Backus
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Plaintiff: Troy Backus
Represented By: Andrew Christopher Hamilton
Represented By: David Elliot
Represented By: Gregory Weston
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