Arnold et al v. DMG MORI USA, Inc.
| Brandon Bebault and Steven Arnold |
| DMG MORI USA, Inc. |
| 3:2018cv02373 |
| April 19, 2018 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Los Angeles |
| James Donato |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 135 NOTICE by DMG MORI USA, Inc. Regarding Submitted Matter L.R. 7-13 (Hobson, Alexandria) (Filed on 11/2/2022) |
| Filing 134 Supplemental MOTION for Settlement REVISED filed by Steven Arnold. Responses due by 4/29/2022. Replies due by 5/6/2022. (Attachments: #1 Declaration of Desai ISO Revised Mtn for Attorneys' Fees and Costs, #2 Declaration of Andrew P. Lee, #3 Declaration of Scot Bernstein, #4 Declaration of Peter Rukin)(Desai, Aashish) (Filed on 4/15/2022) |
Filing 133
ORDER. The Court declines to approve the request for attorneys' fees and costs in its current form. Dkt. No. 124-1. When, as here, a negotiated class settlement includes an attorneys' fees amount, the Court has "an independent obligation to ensure that the award, like the settlement itself, is reasonable, even if the parties have already agreed to an amount." In Re Bluetooth Headset Products Liability Litig., 654 F.3d 935, 941 (9th Cir. 2011). The request for $450,000 in fees by counsel for plaintiffs is not adequately supported under the lodestar method presented in the fees motion. Lead counsel claimed a 2021 fees rate of $950 per hour, and a 2021 rate of $550 per hour for an associate. Dkt. No. 124-1 at 5. No declarations or other documentation were provided to demonstrate that these rates are reasonable prevailing rates in this District for similar cases and work. See Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 979 (9th Cir. 2008). In addition, counsel used the 2021 rates for all billing entries going back to 2018, without saying why that might be reasonable. See Dkt. No. 124-5. The Court is also concerned that the $450,000 in requested fees substantially exceeds the $375,000 earmarked for the class members' recovery, and is vastly more than the typical 25% benchmark used for the percentage-of-recovery fees approach. Bluetooth, 654 F.3d at 942. The Court declines to approve the proposed $5,000 "service award" to the named plaintiff, which exceeds by a factor of 10 the estimated payment of $462 to every other class member. See Fed. R. Civ. P. 23(e)(2)(D) (class members must be treated equitably relative to each other). A substantially more modest service award may be appropriate. Counsel may file a revised fees motion consistent with this order by April 15, 2022. Consideration of final approval of the class settlement is deferred pending further order. The hearing set for March 17, 2022, is vacated. Signed by Judge James Donato on 3/16/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 3/16/2022)
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Filing 132
ORDER. Defendant's request to appear remotely at the hearing on the motion for final approval of class settlement and motion for attorneys' fees, Dkt. No. #131 , is denied. Signed by Judge James Donato on 3/15/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 3/15/2022)
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| Filing 131 MOTION to Appear by Telephone at the Motion for Final Approval of Class Settlement Hearing scheduled on Thursday, March 17, 2022 at 10:00 a.m. in Courtroom 11 filed by DMG MORI USA, Inc.. (Attachments: #1 Proposed Order)(Hobson, Alexandria) (Filed on 3/14/2022) |
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Filing 130
ORDER. In light of the Court's heavy docket and trial schedule, the hearing on the motions for final approval of class settlement and for attorney's fees, is continued to March 17, 2022, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 2/4/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 2/4/2022)
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Filing 129
ORDER. At the parties' joint request, Dkt. No. #128 , a hearing is set for February 10, 2022, at 10:00 a.m. in Courtroom 11 on the motions for final approval of the class settlement, and for attorney's fees. Signed by Judge James Donato on 12/22/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 12/22/2021)
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| Filing 128 STIPULATION WITH PROPOSED ORDER re 127 Order,, Terminate Deadlines and Hearings, Regarding Alternate Hearing Dates for Final Approval and Motion for Attorney's Fees filed by Steven Arnold. (Desai, Aashish) (Filed on 12/17/2021) |
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Filing 127
ORDER. The Court is in a multi-district litigation trial. The final approval and motion for attorney's fees hearings set for December 9, 2021, are vacated, and the parties are directed to propose alternate dates in February. Signed by Judge James Donato on 12/6/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 12/6/2021)
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| Filing 126 NOTICE of Appearance by Alexandria Kimberly Hobson and Jamie O. Norman, as Counsel for Defendant DMG Mori, USA, Inc. (Hobson, Alexandria) (Filed on 12/3/2021) |
| Filing 125 MOTION for Settlement for Final Approval of Class Action Settlement filed by Steven Arnold. Motion Hearing set for 12/9/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/26/2021. Replies due by 12/3/2021. (Attachments: #1 Supplement Motion for Final Approval of Class Action Settlement, #2 Declaration of Tim Cunningham (on behalf of CPT Group, Inc.) Settlement Administrator, #3 Exhibit A to Declaration of Cunningham Settlement Administrator, #4 Proposed Order)(Desai, Aashish) (Filed on 11/12/2021) |
| Filing 124 MOTION for Attorney Fees Costs, And Representative Service Award filed by Steven Arnold. Motion Hearing set for 12/9/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/30/2021. Replies due by 10/7/2021. (Attachments: #1 Supplement Motion for Attorneys' Fees, Costs, And Rep Service Award, #2 Declaration of Aashish Desai ISO of Motion or Attorneys Fees, #3 Exhibit A - Settlement Agreement to Desai Dec, #4 Exhibit B - Claims Admin Quote to Desai Dec, #5 Exhibit C - Billing, #6 Exhibit D - Costs, #7 Declaration of De Castro ISO Motion or Attorneys Fees, #8 Declaration of Arnold ISO Enhancement Award, #9 Proposed Order)(Desai, Aashish) (Filed on 9/16/2021) |
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Filing 123
ORDER RE PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge James Donato on 8/27/2021. (jdlc1S, COURT STAFF) (Filed on 8/27/2021)
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| Filing 122 Minute Entry for proceedings held before Judge James Donato: preliminary approval hearing held on 8/26/2021. (jdlc1S, COURT STAFF) (Date Filed: 8/27/2021) |
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Filing 121
ORDER. At the parties joint request, Dkt. No. #120 , the hearing set for August 26, 2021, will by held by Zoom Webinar at 11:00 a.m. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by August 25, 2021, at 3:00 p.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09 Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including "screen-shots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see #https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 8/24/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/24/2021)
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| Filing 120 NOTICE filed by Steven Arnold of JOINT Request to Appear via Zoom Webinar at the Motion for Preliminary Approval of Class Action Settlement, Attorneys' Fees and Costs, and Service Award Hearing (Attachments: #(1) [Proposed] Order Joint Request to Appear Remotely via Webinar to Motion for Prelim Approval Hearing)(Desai, Aashish) (Filed on 8/24/2021) |
| Set/Reset Hearing Motion Hearing set for 8/26/2021 11:00 AM in San Francisco, - Videoconference Only before Judge James Donato. (jdlc1S, COURT STAFF) (Filed on 8/24/2021) |
| Filing 119 NOTICE OF MOTION for Preliminary Approval of Class Action Settlement, Attorneys' Fees and Costs, and Service Award filed by Steven Arnold. Motion Hearing set for 8/26/2021 10:00 AM before Judge James Donato. Responses due by 8/9/2021. Replies due by 8/16/2021. (Attachments: #1 Supplement Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Aashish Y. Desai ISO Motion for Preliminary Approval, #3 Exhibit A - Settlement Agreement to Desai Dec, #4 Exhibit B - Claims Admin Quote to Desai Dec, #5 Exhibit C - Class notice to Desai Dec, #6 Exhibit D - Billing lodestar to Desai Dec, #7 Exhibit E - Costs to Desai Dec, #8 Declaration of De Castro, #9 Declaration of Arnold, #10 [Proposed] Order)(Desai, Aashish) (Filed on 7/26/2021) |
| Filing 118 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 7/13/2021 at 9:00 a.m., by Zoom.FTR Time: Not Reported. Class counsel: Aashish Desai, Adrianne De Castro Defendants counsel: Marc Allaria Proceedings: The parties have executed a written settlement agreement, and class counsel will move for preliminary approval. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 7/13/2021) |
| Filing 117 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 6/15/2021 at 10:00 a.m., by Zoom.FTR Time: Not Reported. Start time: 10:00 a.m. - End time: 4:50 p.m.Class counsel: Aashish Desai, Adrianne De CastroDefendants general counsel: Kristine QuemaDefendants counsel: Marc AllariaInsurers representative: Michael HaywardProceedings: Case settled in principle. Further settlement conference scheduled for July 13, 2021 at 9:00 am, for one (1) hour. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 6/15/2021) |
| Set/Reset Hearing re 117 Settlement Conference: Further Settlement Conference set for 7/13/2021 at 9:00 AM - Zoom Videoconference Only. (rmm2S, COURT STAFF) (Filed on 6/15/2021) |
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Filing 116
Order Setting Settlement Conference before Magistrate Judge : Settlement Conference set for 6/15/2021 at 10:00 AM, - Zoom Videoconference Only. Signed by Magistrate Judge Thomas S. Hixson on 4/8/2021. (rmm2S, COURT STAFF) (Filed on 4/8/2021)
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| Filing 115 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-settlement Conference telephone call held by AT&T held on 4/8/2021 at 3:00 p.m.FTR Time: Not Reported/Total Time: 3 minutes Plaintiff Attorney: Aashish Y. Desai. Defendant Attorney: Marc V. Allaria. Proceedings: Pre-settlement conference phone call held. Proposed Settlement Conference dates: 6/14/2021 or 6/15/2021 at 10:00 a.m., by Zoom Video Conference. Counsel shall check with their clients/representatives and let the Court know which date of dates work for the Settlement Conference. By COB on 4/9/2021, counsel shall let the Courtroom Deputy know by email which date they choose for the Settlement Conference, and the Court will then issue a settlement conference order. Courtroom Deputy email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 4/8/2021) |
| Filing 114 CLERK'S NOTICE Scheduling Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for 4/8/2021 at 3:00 p.m. Counsel shall be prepared to speak about the status of this case and to talk about the Settlement Conference and schedule a date for the Settlement Conference.Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.govis is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 4/1/2021) |
| CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement (ahm, COURT STAFF) (Filed on 3/31/2021) |
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Filing 113
ORDER RE SUMMARY JUDGMENT. Signed by Judge James Donato on 3/31/2021. (jdlc1S, COURT STAFF) (Filed on 3/31/2021)
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Filing 112
ORDER. On the parties' joint request, Dkt. No. #111 , the jury trial is continued to October 25, 2021, at 9:00 a.m. California time. The pretrial conference is continued to October 7, 2021, at 10:00 a.m. California time. All related deadlines are continued accordingly. Signed by Judge James Donato on 1/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/26/2021)
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| Filing 111 STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF TRIAL DATE filed by Steven Arnold. (Attachments: #1 [Proposed] Order)(Desai, Aashish) (Filed on 1/22/2021) |
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Filing 110
ORDER. Plaintiffs' request to compel the production of documents, Dkt. No. #102 , is denied. The record indicates that plaintiffs have sufficient documents to establish liability across the class, and plaintiffs' requested remedy of statutory damages does not require further evidence. The discovery telephone hearing set for January 12, 2021, is vacated. Signed by Judge James Donato on 1/11/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/11/2021)
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Filing 109
ORDER. The Court accepts plaintiffs' explanation for failing to appear at the discovery hearing on December 9, 2020. A further telephonic discovery hearing is set for January 12, 2021, at 2:00 p.m. California time. The parties are directed to contact CourtCall at 866-582-6878 by January 8, 2021, to schedule their appearances. Signed by Judge James Donato on 12/11/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/11/2020) Modified on 12/11/2020 (jdlc1S, COURT STAFF).
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Filing 108
ORDER. Pursuant to Civil L.R. 7-1(b), the Court finds the motion for summary judgment, Dkt. No. #100 , to be suitable for decision without oral argument. The motion is taken under submission, and the hearing that was noticed for December 10, 2020, is vacated. Signed by Judge James Donato on 12/7/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/7/2020)
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Filing 107
ORDER. The Court sets a telephonic hearing on the discovery letters, Dkt. Nos. #102 , #106 , for December 9, 2020, at 2:00 p.m. California time. The parties are directed to contact CourtCall at 866-582-6878 by December 7, 2020, to schedule their appearances. Signed by Judge James Donato on 12/3/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/3/2020)
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| Filing 106 Letter from DMG MORI USA, INC. . (Allaria, Marc) (Filed on 12/3/2020) |
| Filing 105 REPLY (re #100 Defendant DMG MORI USA, INC.'S Motion for Summary Adjudication) - Defendant DMG MORI USA, Inc.s Reply to Opposition to Motion For Summary Adjudication filed by DMG MORI USA, Inc.. (Allaria, Marc) (Filed on 11/25/2020) |
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Filing 104
ORDER. Defendant is directed to file a response to plaintiff's discovery dispute letter, Dkt. No. #102 , by December 3, 2020. The response should not exceed three pages and should otherwise comply with the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 11/19/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/19/2020)
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| Filing 103 OPPOSITION/RESPONSE to (re #100 Defendant DMG MORI USA, INC.'S Motion for Summary Adjudication ) filed by Steven Arnold. (Attachments: #1 Declaration of Desai ISO Plt's Opposition to MSA, #2 Exhibit 1 to Declaration of Desai)(Desai, Aashish) (Filed on 11/19/2020) |
| Filing 102 Letter Brief re Discovery Dispute filed by Steven Arnold. (Attachments: #1 Exhibit 1 - Meet & Confer Exchanges, #2 Exhibit 2 - Def's Responses & Objections)(Desai, Aashish) (Filed on 11/16/2020) |
| Filing 101 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #100 MOTION for Summary Judgment Defendant DMG MORI USA, INC.'S Motion for Summary Adjudication. Motion Hearing set for 12/10/2020 10:00 AM before Judge James Donato. (Related documents(s) #100 )(lrcS, COURT STAFF) (Filed on 11/6/2020) |
| Filing 100 Defendant DMG MORI USA, INC.'S Motion for Summary Adjudication filed by DMG MORI USA, Inc.. Motion Hearing set for 12/3/2020 10:00 AM before Judge James Donato. Responses due by 11/19/2020. Replies due by 11/27/2020. (Attachments: #1 Defendant DMG MORI USA, INC.'S Motion for Summary Judgmen, #2 Declaration of Marc A. Allaria in Support of Motion for Adjudication, #3 Proposed Order Proposed Order re Motion for Summary Adjudication)(Allaria, Marc) (Filed on 11/5/2020) |
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Filing 99
ORDER. The parties' #98 stipulated protective order is approved, except that in those cases where the stipulated protective order conflicts with the Court's standing orders (e.g., with respect to the filing of discovery motions), the Court's standing orders will control. Signed by Judge James Donato on 9/29/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 9/29/2020)
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| Filing 98 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION filed by Steven Arnold. (Desai, Aashish) (Filed on 9/28/2020) |
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Filing 97
ORDER. Pursuant to Civil L.R. 7-1(b), the Court finds the motion for summary judgment, Dkt. No. 94, to be suitable for decision without oral argument. The motion is taken under submission, and the hearing that was noticed for August 4, 2020, is vacated. Signed by Judge James Donato on 7/28/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 7/28/2020)
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| Filing 96 REPLY (re #94 MOTION for Summary Judgment Adjudication ) filed bySteven Arnold. (Attachments: #1 Declaration of Aashish Y. Desai, #2 Exhibit 1, #3 Exhibit 2)(Desai, Aashish) (Filed on 7/16/2020) |
| Filing 95 OPPOSITION/RESPONSE to (re #94 MOTION for Summary Judgment ) - Defendant DMG MORI USA, INC.s Opposition to Motion for Summary Judgment filed by DMG MORI USA, Inc.. (Attachments: #1 Declaration Declaration of Marc Allaria in ISO Defendant Opposition to Motion for Summary Judgment)(Allaria, Marc) (Filed on 7/10/2020) |
| Filing 94 NOTICE OF MOTION for Summary Adjudication filed by Steven Arnold. Motion Hearing set for 8/4/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/10/2020. Replies due by 7/17/2020. (Attachments: #1 Supplement Motion for Summary Ajudication, #2 Declaration of Aashish Desai ISO MSA, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Proposed Order)(Desai, Aashish) (Filed on 6/26/2020) |
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Filing 93
ORDER. The second revised proposed class notice, Dkt. No. 92-1, is approved, on the condition that it allow a 60-day opt-out period. Signed by Judge James Donato on 6/25/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 6/25/2020)
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| Filing 92 Request for Approval of Second Revised Class Notice After Rule 23(B)(3) Certification re 90 Order filed by Steven Arnold. (Attachments: #1 Exhibit A - Proposed Second Revised Class Notice, #2 Proposed Order)(Related document(s) 90 ) (Desai, Aashish) (Filed on 6/16/2020) |
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Filing 91
CASE MANAGEMENT SCHEDULING ORDER: Close of Expert Discovery due by 10/1/2020. Close of Fact Discovery due by 10/1/2020. Dispositive Motion due by 11/12/2020. Jury Selection set for 3/29/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Jury Trial set for 3/29/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Pretrial Conference set for 3/11/2021 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Signed by Judge James Donato on 6/15/2020. (lrcS, COURT STAFF) (Filed on 6/15/2020)
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Filing 90
ORDER. The revised proposed class notice, Dkt. No. 89-1, is tentatively approved. Class counsel should submit a version with blanks filled in for final approval. Signed by Judge James Donato on 6/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 6/12/2020)
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| Filing 89 Request for Approval of Revised Class Notice After Rule 23(B)(3) Certification re #87 Motion Hearing filed by Steven Arnold. (Attachments: #1 Exhibit A - Proposed Revised Class Notice, #2 Proposed Order)(Related document(s) #87 ) (Desai, Aashish) (Filed on 6/5/2020) |
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Filing 88
ORDER. At plaintiffs' request, Dkt. No. 80, which defendant does not oppose, the case is re-captioned Steven Arnold et al. v. DMG Mori USA, Inc. Signed by Judge James Donato on 6/4/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 6/4/2020)
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| Filing 87 Minute Entry for proceedings held before Judge James Donato: Hearing on Class Notice held on 6/4/2020. (jdlc4S, COURT STAFF) (Date Filed: 6/4/2020) |
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Filing 86
ORDER. The hearing regarding Dkt. Nos. 80 and 81 set for June 4, 2020, at 11:00 a.m. will be held by Zoom Webinar. Each party group should designate a lead counsel to speak at the hearing by emailing the name and email address of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at # jdcrd@cand.uscourts.gov by June 3, 2020, at 12:00 p.m. California time. Email addresses for counsel are needed for the appropriate Zoom link, which Ms. Clark will circulate by email prior to the conference. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. Other attorneys on the case who will not be speaking, and members of the press and public, may view the webinar as attendees at the following link: #https://us02web.zoom.us/j/84631991949?pwd=OXdyczlXeGFhbzh4NGFkU0x5UGhGQT09 Webinar ID: 846 3199 1949 Password: 222569 Or iPhone one-tap: US: +16699006833,,84631991949# or +13462487799,,84631991949# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 International numbers available: #https://us02web.zoom.us/u/kcXOL9V65M PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see #https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 6/1/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 6/1/2020)
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Filing 85
ORDER APPOINTING CLASS COUNSEL. Signed by Judge James Donato on 5/27/2020. (jdlc4S, COURT STAFF) (Filed on 5/27/2020)
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| Filing 84 Joint [Proposed] Scheduling Order re 82 filed by Brandon Bebault. (Desai, Aashish) (Filed on 5/27/2020) |
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Filing 83
ORDER. The Court sets a hearing regarding Dkt. Nos. 80 and 81 for June 4, 2020, at 11:00 a.m. The hearing will be held by Zoom webinar, the details of which will be posted in a subsequent order. Signed by Judge James Donato on 5/26/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 5/26/2020)
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Filing 82
ORDER. The parties are directed to file a joint proposed scheduling order by May 28, 2020. Signed by Judge James Donato on 5/14/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 5/14/2020)
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| Filing 81 Defendant DMG MORI USA, INC.S Opposition to Plaintiff's Proposed Order Seeking an E-Mail List of the Class Members filed by DMG MORI USA, Inc.. (Attachments: #1 Declaration REMINDER: You must link your response back to the motion that it is ultimately in support of or in opposition to. Listed below are all of the pending motions in this case. If you do not see the motion your document supports or opposes, please contact the Docket Clerk for your Judge directly.)(Allaria, Marc) (Filed on 5/14/2020) |
| Filing 80 Request for Approval of Class Notice After Rule 23(B)(3) Certification re #75 Order filed by Brandon Bebault. (Attachments: #1 Declaration of Adrianne De Castro, #2 Exhibit A to De Castro Declaration - Proposed Class Notice, #3 Proposed Order)(Related document(s) #75 ) (Desai, Aashish) (Filed on 5/14/2020) |
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Filing 79
ORDER. Plaintiffs' motion, Dkt. No. 76, is granted. The Clerk is requested to remove the documents at Dkt. Nos. 61-1 and 65 from the docket. Signed by Judge James Donato on 5/5/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 5/5/2020)
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| Filing 78 Amendment to #65 Second Amended Class Action Complaint - Exhibit A to re #65 Second Amended Class Action Complaint - - CORRECTION OF DOCKET #65 filed by Brandon Bebault. (Desai, Aashish) (Filed on 5/4/2020) Modified on 5/4/2020 (tnS, COURT STAFF). |
| Filing 77 [Docketed in Error - Pls. Disregard - Refer to Docket 78] - AMENDED DOCUMENT filed by Brandon Bebault - Exhibit A - Second Amended Complaint CORRECTION OF DOCKET # [61-1]. (Desai, Aashish) (Filed on 5/4/2020) Modified on 5/4/2020 (tnS, COURT STAFF). |
| Filing 76 MOTION to Remove Incorrectly Filed Document: Docket Nos. 61-1 and 65 filed by Brandon Bebault. (Attachments: #(1) [Proposed] Order)(Desai, Aashish) (Filed on 5/4/2020) |
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Filing 75
ORDER RE CLASS CERTIFICATION. Signed by Judge James Donato on 4/29/2020. (jdlc4S, COURT STAFF) (Filed on 4/29/2020)
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| Filing 74 NOTICE of Change of Address by Marc Victor Allaria (Allaria, Marc) (Filed on 12/27/2019) |
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Filing 73
ORDER. Pursuant to Civil L.R. 7-1(b), the Court finds the plaintiffs' #68 renewed motion to certify class to be suitable for decision without oral argument. The motion is taken under submission, and the hearing that was set for December 19, 2019, is vacated. Signed by Judge James Donato on 12/17/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 12/17/2019)
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| Filing 72 REPLY (re #68 MOTION to Certify Class RENEWED ) filed byBrandon Bebault. (Attachments: #1 Declaration of Aashish Y. Desai ISO Reply, #2 Exhibit A to Declaration)(Desai, Aashish) (Filed on 11/25/2019) |
| Filing 71 OPPOSITION/RESPONSE (re #68 MOTION to Certify Class RENEWED ) Defendant DMG MORI USA, INC.S Opposition to Motion to Certify Class Action filed byDMG MORI USA, Inc.. (Attachments: #1 Declaration Declaration of Marc Allaria in ISO Defendant Opposition to Motion to Certify Class Action)(Allaria, Marc) (Filed on 11/20/2019) |
| Filing 70 Answer to Amended Complaint #65 Amended Complaint Defendant, DMG MORI USA, INC.s Answer to Plaintiffs' Second Amended Class Action Complaint byDMG MORI USA, Inc.. (Allaria, Marc) (Filed on 11/18/2019) |
| Filing 69 ERRATA re #68 MOTION to Certify Class RENEWED by Brandon Bebault. (Attachments: #1 Exhibit Declaration of Steven Arnold)(Desai, Aashish) (Filed on 10/30/2019) |
| Filing 68 MOTION to Certify Class RENEWED filed by Brandon Bebault. Motion Hearing set for 12/19/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/21/2019. Replies due by 12/5/2019. (Attachments: #1 Supplement Motion for Class Certification, #2 Declaration Declaration of Aashish Desai, #3 Exhibit A to Desai Dec, #4 Exhibit B to Desai Dec, #5 Exhibit C to Desai Dec, #6 Exhibit D to Desai Dec, #7 Exhibit E to Desai Dec, #8 Exhibit F to Desai Dec, #9 Declaration of Brandon Bebault, #10 Declaration of Steven Arnold, #11 Proposed Order)(Desai, Aashish) (Filed on 10/30/2019) |
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Filing 67
ORDER. The parties' #66 proposed briefing schedule for plaintiffs' renewed motion for class certification is approved. The Court will set a hearing date if necessary. Signed by Judge James Donato on 10/21/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/21/2019)
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| Filing 66 STIPULATION WITH PROPOSED ORDER re 64 Order,,, Terminate Hearings,,, Terminate Motions,, Briefing Schedule for Plaintiffs' Renewed Motion for Class Certification filed by Brandon Bebault. (Attachments: #1 Proposed Order)(Desai, Aashish) (Filed on 10/17/2019) |
| Filing 65 SECOND AMENDED CLASS ACTION COMPLAINT against DMG MORI USA, Inc.. Filed by Brandon Bebault. (Desai, Aashish) (Filed on 10/16/2019) **Document locked per filer's request.** Modified on 5/4/2020 (ddkS, COURT STAFF). (Main Document 65 replaced on 5/7/2020) (wsnS, COURT STAFF). |
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Filing 64
ORDER. Plaintiff's motion for leave to amend the complaint, Dkt. No. 61, is granted. Plaintiff should file the amended complaint as a separate ECF entry. In light of the additional proposed class representative, Plaintiff's current motion for class certification, Dkt. No. 48, is terminated without prejudice. The parties are directed to submit a joint briefing schedule for a renewed motion for class certification. The hearings currently scheduled for October 17, 2019, are vacated. Signed by Judge James Donato on 10/15/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/15/2019)
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| Filing 63 REPLY (re #61 MOTION to Amend/Correct #1 Complaint, ) filed byBrandon Bebault. (Desai, Aashish) (Filed on 10/7/2019) |
| Filing 62 OPPOSITION/RESPONSE (re #61 MOTION to Amend/Correct #1 Complaint, ) Defendant DMG MORI USA, INC.'s Opposition to Motion to Amend the Complaint to Add Class Representative filed byDMG MORI USA, Inc.. (Allaria, Marc) (Filed on 9/27/2019) |
| Filing 61 MOTION to Amend/Correct #1 Complaint, filed by Brandon Bebault. Motion Hearing set for 10/17/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/1/2019. Replies due by 10/8/2019. (Attachments: #1 Exhibit A - Proposed Second Amended Class Action Complaint)(Desai, Aashish) (Filed on 9/17/2019) **Document locked per filer's request.** Modified on 5/4/2020 (ddkS, COURT STAFF). (Attachment 1 replaced on 5/7/2020) (wsnS, COURT STAFF). |
| Filing 60 NOTICE by Brandon Bebault of Motion to Amend the Complaint to Add Class Representative (Desai, Aashish) (Filed on 9/17/2019) |
| Filing 59 Minute Entry for proceedings held before Judge James Donato: Discovery Hearing held on 9/5/2019.Total Time in Court: 13 minutes. Court Reporter: Debbie Pas. (lrcS, COURT STAFF) (Date Filed: 9/5/2019) |
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Filing 58
ORDER. The telephonic hearing, Dkt. No. 57, is vacated. Lead counsel for each side are directed to appear at the Court's regular civil calendar on September 5, 2019, at 10:00 a.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Donato, James) (Filed on 8/28/2019)
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Filing 57
ORDER. A telephonic hearing on the parties' discovery dispute letters, Dkt. Nos. #53 and #56 , is set for September 3, 2019, at 2:00 p.m. The parties are directed to contact CourtCall at 866-582-6878 by August 29, 2019, to schedule their appearances. Signed by Judge James Donato on 8/22/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/22/2019)
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| Filing 56 Discovery Letter Brief filed by DMG MORI USA, Inc.. (Allaria, Marc) (Filed on 8/15/2019) |
| Filing 55 REPLY (re #48 MOTION to Certify Class ) filed byBrandon Bebault. (Desai, Aashish) (Filed on 8/15/2019) |
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Filing 54
ORDER. Defendant DMG Mori USA, Inc. is directed to file a response to direct plaintiff's #53 discovery dispute letter by August 16, 2019. The response should not exceed three pages and should otherwise comply with the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 8/9/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/9/2019)
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| Filing 53 Letter from Class counsel Desai Law Firm, P.C.. (Desai, Aashish) (Filed on 8/6/2019) |
| Filing 52 OPPOSITION/RESPONSE (re #48 MOTION to Certify Class ) filed byDMG MORI USA, Inc.. (Attachments: #1 Declaration Declaration of Marc V. Allaria, Esq. in Support of Defendant DMG Mori USA, Inc.'s Opposition to Motion to Certify Class Action, #2 Declaration Declaration of Michele Rau in Support of Defendant DMG Mori USA, Inc.'s Opposition to Motion to Certify Class Action, #3 Declaration Declaration of Danielle Hertz in Support of Defendant DMG Mori USA, Inc.'s Opposition to Motion to Certify Class Action)(Allaria, Marc) (Filed on 8/5/2019) |
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Filing 51
ORDER. At the parties' #49 joint request, defendant's opposition to class certification is due by August 5, 2019. The hearing on plaintiff's #48 motion for class certification set for August 8, 2019, is continued to October 17, 2019, at 10:00 a.m. Signed by Judge James Donato on 7/11/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/11/2019)
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| Filing 49 STIPULATION WITH PROPOSED ORDER re #48 MOTION to Certify Class filed by DMG MORI USA, Inc.. (Attachments: #1 Proposed Order)(Allaria, Marc) (Filed on 7/10/2019) |
| Filing 50 Minute Entry for proceedings held before Judge James Donato: Telephonic Discovery Hearing held on 7/2/2019.Total Time in Court: 7 minutes. Court Reporter: Not Reported. (lrcS, COURT STAFF) (Date Filed: 7/2/2019) |
| Filing 48 MOTION to Certify Class filed by Brandon Bebault. Motion Hearing set for 8/8/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/16/2019. Replies due by 7/23/2019. (Attachments: #1 Supplement Motion for Class Certification, #2 Declaration Declaration of Aashish Desai, #3 Exhibit A to Desai Dec, #4 Exhibit B to Desai Dec, #5 Exhibit C to Desai Dec, #6 Exhibit D to Desai Dec, #7 Exhibit E to Desai Dec, #8 Exhibit F to Desai Dec, #9 Declaration of Brandon Bebault, #10 Proposed Order)(Desai, Aashish) (Filed on 7/2/2019) |
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Filing 47
ORDER. The telephonic hearing on #41 plaintiff's discovery dispute letter is rescheduled for July 2, 2019, at 11:45 a.m. The parties are directed to contact CourtCall at 866-582-6878 by July 1, 2019, to schedule their appearances. Signed by Judge James Donato on 7/1/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/1/2019)
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Filing 46
ORDER. A telephonic hearing on #41 plaintiff's discovery dispute letter is set for July 3, 2019, at 1:00 p.m. The parties are directed to contact CourtCall at 866-582-6878 by July 1, 2019, to schedule their appearances. Signed by Judge James Donato on 6/28/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 6/28/2019)
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| Filing 45 Letter from Defendant DMG Mori, USA, Inc.. (Allaria, Marc) (Filed on 6/10/2019) |
| Filing 44 AMENDED DOCUMENT by Brandon Bebault. Amendment to #43 Notice (Other) OF SERVING SUBPOENA UNDER RULE 45. (Desai, Aashish) (Filed on 6/10/2019) |
| Filing 43 NOTICE by Brandon Bebault OF SERVING SUBPOENA UNDER RULE 45 (Desai, Aashish) (Filed on 6/10/2019) |
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Filing 42
ORDER. Defendant is directed to file a response to plaintiff's #41 discovery dispute letter by June 12, 2019. The response should not exceed three pages and should otherwise comply with the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 6/4/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 6/4/2019)
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| Filing 41 Letter from Class counsel Desai Law Firm, P.C.. (Attachments: #1 Exhibit Attachment 1 to Letter)(Desai, Aashish) (Filed on 5/31/2019) |
| Filing 40 ANSWER to Complaint with Jury Demand byDMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 2/21/2019) |
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Filing 39
Order re #30 Motion to Strike entered by Judge James Donato. The motion to strike the class allegations is denied without prejudice. Rule 23 issues will be resolved at the class certification stage. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 38
Order re #29 Motion to Dismiss entered by Judge James Donato. In light of the Ninth Circuit decision dated January 29, 2019, in Gilberg v. California Check Cashing Stores LLC, 2019 WL 347027, the motion to dismiss is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 37
ORDER VACATING HEARING. The Court finds the motions to dismiss and strike, Dkt. Nos. #29 , #30 , to be suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for October 11, 2018 is vacated, and the Court will issue a decision on the papers. Signed by Judge James Donato on 10/4/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/4/2018)
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| Filing 36 CERTIFICATE OF SERVICE by DMG MORI USA, Inc. re #35 Reply to Opposition/Response, #34 Reply to Opposition/Response, (Stepanyan, Ruzan) (Filed on 9/11/2018) |
| Filing 35 REPLY (re #30 MOTION to Strike #28 Amended Document ) filed byDMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 9/11/2018) |
| Filing 34 REPLY (re #29 MOTION to Dismiss First Amended Class Action Complaint ) filed byDMG MORI USA, Inc.. (Attachments: #1 Request For Judicial Notice, #2 Exhibit A to Request for Judicial Notice)(Stepanyan, Ruzan) (Filed on 9/11/2018) |
| Filing 33 OPPOSITION/RESPONSE (re #30 MOTION to Strike #28 Amended Document ) filed byBrandon Bebault. (Desai, Aashish) (Filed on 8/31/2018) |
| Filing 32 OPPOSITION/RESPONSE (re #29 MOTION to Dismiss First Amended Class Action Complaint ) filed byBrandon Bebault. (Attachments: #1 Declaration of Aashish Y. Desai ISO Opp, #2 Exhibit A to Dec of Desai, #3 Exhibit B to Dec of Desai, #4 Exhibit C to Dec of Desai, #5 Exhibit D to Dec of Desai, #6 Exhibit E to Dec of Desai)(Desai, Aashish) (Filed on 8/31/2018) |
| Filing 31 CERTIFICATE OF SERVICE by DMG MORI USA, Inc. re #30 MOTION to Strike #28 Amended Document , #29 MOTION to Dismiss First Amended Class Action Complaint (Stepanyan, Ruzan) (Filed on 8/22/2018) |
| Filing 30 MOTION to Strike #28 Amended Document filed by DMG MORI USA, Inc.. Motion Hearing set for 10/11/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/5/2018. Replies due by 9/12/2018. (Attachments: #1 Proposed Order)(Stepanyan, Ruzan) (Filed on 8/22/2018) |
| Filing 29 MOTION to Dismiss First Amended Class Action Complaint filed by DMG MORI USA, Inc.. Motion Hearing set for 10/11/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/5/2018. Replies due by 9/12/2018. (Attachments: #1 Declaration of Ruzan Stepanyan, #2 Request for Judicial Notice, #3 Exhibit A to Request for Judicial Notice, #4 Proposed Order)(Stepanyan, Ruzan) (Filed on 8/22/2018) |
| Filing 28 First Amended Complaint by Brandon Bebault. Amendment to #27 Case Management Conference - Initial Motion Hearing, Order on Motion to Dismiss,, Order on Motion to Strike, . (Attachments: #1 Exhibit A)(Desai, Aashish) (Filed on 8/2/2018) Modified on 8/29/2018 (hdjS, COURT STAFF). |
| Filing 27 Minute Entry for proceedings held before Judge James Donato: Initial Case Management Conference held on 7/26/2018; Hearing re #16 Motion to Dismiss held on 7/26/2018. Amended complaint due August 9, 2018. Total Time in Court: 2 minutes. Court Reporter: Kathy Sullivan.(jdlc1S, COURT STAFF) (Date Filed: 7/26/2018) |
| Filing 26 Certificate of Interested Entities by DMG MORI USA, Inc. (Stepanyan, Ruzan) (Filed on 7/12/2018) |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by DMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 7/12/2018) |
| Filing 24 CERTIFICATE OF SERVICE by DMG MORI USA, Inc. re #22 Reply to Opposition/Response, #23 Reply to Opposition/Response (Stepanyan, Ruzan) (Filed on 7/3/2018) |
| Filing 23 REPLY (re #16 MOTION to Dismiss ) filed byDMG MORI USA, Inc.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Exhibit A to Request for Judicial Notice)(Stepanyan, Ruzan) (Filed on 7/3/2018) |
| Filing 22 REPLY (re #17 MOTION to Strike #1 Complaint, ) filed byDMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 7/3/2018) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Desai, Aashish) (Filed on 6/29/2018) |
| Filing 20 OPPOSITION/RESPONSE (re #17 MOTION to Strike #1 Complaint, ) filed byBrandon Bebault. (Desai, Aashish) (Filed on 6/19/2018) |
| Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss ) filed byBrandon Bebault. (Attachments: #1 Declaration of Aashish Y. Desai, #2 Exhibit A to Desai Dec, #3 Exhibit B to Desai Dec, #4 Exhibit C to Desai Dec, #5 Exhibit D to Desai Dec)(Desai, Aashish) (Filed on 6/19/2018) |
| Filing 18 CERTIFICATE OF SERVICE by DMG MORI USA, Inc. re #17 MOTION to Strike #1 Complaint, , #16 MOTION to Dismiss (Stepanyan, Ruzan) (Filed on 6/12/2018) |
| Filing 17 MOTION to Strike #1 Complaint, filed by DMG MORI USA, Inc.. Motion Hearing set for 7/26/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/12/2018. Replies due by 7/19/2018. (Attachments: #1 Proposed Order)(Stepanyan, Ruzan) (Filed on 6/12/2018) |
| Filing 16 MOTION to Dismiss filed by DMG MORI USA, Inc.. Motion Hearing set for 7/26/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/12/2018. Replies due by 7/19/2018. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A to Request for Judicial Notice, #3 Proposed Order)(Stepanyan, Ruzan) (Filed on 6/12/2018) |
| Filing 15 STIPULATION for Extension of Time in Which to Defendant May Respond to Plaintiff's Complaint filed by DMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 6/4/2018) |
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Filing 14
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/26/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 7/19/2018.. Signed by Judge James Donato on 5/10/18. (lrcS, COURT STAFF) (Filed on 5/10/2018)
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Filing 13
ORDER, Case reassigned to Judge James Donato. Magistrate Judge Joseph C. Spero 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 Executive Committee on 5/9/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/9/2018)
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| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 5/9/2018) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brandon Bebault.. (Desai, Aashish) (Filed on 5/8/2018) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by DMG MORI USA, Inc... (Allaria, Marc) (Filed on 5/8/2018) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 5/22/2018. (klhS, COURT STAFF) (Filed on 5/8/2018) |
| Filing 8 STIPULATION for Extension of Time in Which to Defendant May Respond to Plaintiff's Complaint filed by DMG MORI USA, Inc.. (Stepanyan, Ruzan) (Filed on 5/8/2018) |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 5/21/2018. (klhS, COURT STAFF) (Filed on 5/7/2018) |
| Filing 6 SUMMONS Returned Executed by Brandon Bebault. DMG MORI USA, Inc. served on 4/24/2018, answer due 5/15/2018. (Desai, Aashish) (Filed on 5/4/2018) |
| Filing 5 Summons Issued as to DMG MORI USA, Inc.. (gbaS, COURT STAFF) (Filed on 4/22/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/13/2018. Initial Case Management Conference set for 7/20/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 4/22/2018) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 5/3/2018. (bwS, COURT STAFF) (Filed on 4/19/2018) |
| Filing 2 Proposed Summons. (Desai, Aashish) (Filed on 4/19/2018) |
| Filing 1 CLASS ACTION COMPLAINT; Demand for Jury Trial against DMG MORI USA, Inc. (Filing fee $ 400.00, receipt number 0971-12287523.). Filed by Brandon Bebault. (Attachments: #1 Civil Cover Sheet) (Desai, Aashish) (Filed on 4/19/2018) Modified on 4/22/2018 (gbaS, COURT STAFF). |
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