Fairbairn et al v. Fidelity Investments Charitable Gift Fund
Plaintiff: Emily Fairbairn and Malcolm Fairbairn
Defendant: Fidelity Investments Charitable Gift Fund
Case Number: 3:2018cv04881
Filed: August 10, 2018
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Contra Costa
Presiding Judge: Jacqueline Scott Corley
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2018 Opinion or Order Filing 28 ORDER by Magistrate Judge Jacqueline Scott Corley granting #27 Motion for Pro Hac Vice as to Bridget Asay. (ahm, COURT STAFF) (Filed on 10/3/2018)
September 28, 2018 Filing 27 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12722179.) filed by Emily Fairbairn, Malcolm Fairbairn. (Attachments: #1 Certificate of Good Standing)(Asay, Bridget) (Filed on 9/28/2018)
September 27, 2018 Opinion or Order Filing 26 ORDER by Magistrate Judge Jacqueline Scott Corley granting in part #25 Stipulation RE: REQUEST TO EXTEND PLAINTIFFS' TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS [ECF NO. 21]. (ahm, COURT STAFF) (Filed on 9/27/2018)
September 27, 2018 Set/Reset Deadlines as to #21 MOTION to Dismiss. Responses due by 10/26/2018. Replies due by 11/2/2018. Hearing is set for 11/16/18 at 9:00 a.m. (ahm, COURT STAFF) (Filed on 9/27/2018)
September 26, 2018 Filing 25 STIPULATION WITH PROPOSED ORDER RE: REQUEST TO EXTEND PLAINTIFFS TIME TO FILE OPPOSITION TO DEFENDANTS MOTION TO DISMISS [ECF NO. 21] filed by Emily Fairbairn, Malcolm Fairbairn. (Attachments: #1 Declaration of Rachana A. Pathak)(Pathak, Rachana) (Filed on 9/26/2018)
September 25, 2018 Filing 24 To all parties and counsel of record:Please take notice that the hearing on Defendant's Motion to Dismiss currently scheduled for November 15, 2018 is continued to November 16, 2018 at 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. Pursuant to Civil L.R. 7-7(d), the briefing schedule shall remain the same. The initial case management conference scheduled for 11/8/2018 is hereby vacated. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 9/25/2018)
September 25, 2018 Set/Reset Deadlines as to #21 Defendant Fidelity Investments Charitable Gift Fund's Notice of Motion, Motion to Dismiss, and Memorandum of Points and Authorities). Motion Hearing reset for 11/16/2018 at 09:00 a.m. in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 9/25/2018)
September 24, 2018 Filing 23 Request for Judicial Notice in Support re #21 MOTION to Dismiss filed by Fidelity Investments Charitable Gift Fund. (Related document(s) #21 ) (Marcus, David) (Filed on 9/24/2018) Modified on 9/26/2018 (slhS, COURT STAFF).
September 24, 2018 Filing 22 Declaration of David C Marcus in Support of #21 MOTION to Dismiss (Defendant Fidelity Investments Charitable Gift Fund's Notice of Motion, Motion to Dismiss, and Memorandum of Points and Authorities) filed byFidelity Investments Charitable Gift Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #21 ) (Marcus, David) (Filed on 9/24/2018)
September 24, 2018 Filing 21 MOTION to Dismiss and Memorandum of Points and Authorities filed by Fidelity Investments Charitable Gift Fund. Motion Hearing set for 11/15/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 10/9/2018. Replies due by 10/16/2018. (Attachments: #1 Proposed Order)(Marcus, David) (Filed on 9/24/2018) Modified on 9/26/2018 (slhS, COURT STAFF).
September 18, 2018 Opinion or Order Filing 20 Order, signed 9/18/18, by Magistrate Judge Jacqueline Scott Corley granting #19 Motion for Pro Hac Vice for Alan E. Schoenfeld.(klhS, COURT STAFF) (Filed on 9/18/2018)
September 18, 2018 Filing 19 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12686753.) filed by Fidelity Investments Charitable Gift Fund. (Attachments: #1 Certificate of Good Standing - New York State)(Schoenfeld, Alan) (Filed on 9/18/2018) Modified on 9/19/2018 (aaaS, COURT STAFF).
September 5, 2018 Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fidelity Investments Charitable Gift Fund.. (Casamassima, Christopher) (Filed on 9/5/2018)
August 31, 2018 Filing 17 Certificate of Interested Entities by Emily Fairbairn, Malcolm Fairbairn identifying Other Affiliate Ascend Legend Master Fund, Ltd., Other Affiliate Ascend Capital, LLC, Other Affiliate Ascend Capital Limited Partnership, Other Affiliate Valley High Limited Partnership, Other Affiliate Valley High Capital LLC for Emily Fairbairn, Malcolm Fairbairn. (Stris, Peter) (Filed on 8/31/2018)
August 24, 2018 Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 9/7/2018. 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. (ahm, COURT STAFF) (Filed on 8/24/2018)
August 23, 2018 Filing 15 STIPULATION to Extend Time for Defendant to Respond to the Complaint filed by Fidelity Investments Charitable Gift Fund. (Casamassima, Christopher) (Filed on 8/23/2018)
August 23, 2018 Filing 14 Certificate of Interested Entities by Fidelity Investments Charitable Gift Fund (Casamassima, Christopher) (Filed on 8/23/2018)
August 23, 2018 Filing 13 NOTICE of Appearance by David Charles Marcus (Marcus, David) (Filed on 8/23/2018)
August 23, 2018 Filing 12 NOTICE of Appearance by Christopher Thomas Casamassima (Casamassima, Christopher) (Filed on 8/23/2018)
August 22, 2018 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Emily Fairbairn, Malcolm Fairbairn.. (Stris, Peter) (Filed on 8/22/2018)
August 21, 2018 Filing 10 CERTIFICATE OF SERVICE by Emily Fairbairn, Malcolm Fairbairn (Stris, Peter) (Filed on 8/21/2018)
August 14, 2018 Filing 9 Summons Issued as to Fidelity Investments Charitable Gift Fund. (slhS, COURT STAFF) (Filed on 8/14/2018)
August 14, 2018 Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/1/2018. Initial Case Management Conference set for 11/8/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 8/14/2018)
August 14, 2018 Filing 7 NOTICE of Appearance by Rachana Ambarish Pathak (Pathak, Rachana) (Filed on 8/14/2018)
August 13, 2018 Filing 6 NOTICE of Appearance by John Randolph Stokes (Stokes, John) (Filed on 8/13/2018)
August 13, 2018 Filing 5 NOTICE of Appearance by Brendan Stephen Maher (Maher, Brendan) (Filed on 8/13/2018)
August 13, 2018 Filing 4 NOTICE of Appearance by Dana Erin Berkowitz (Berkowitz, Dana) (Filed on 8/13/2018)
August 13, 2018 Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 8/27/2018. (jmlS, COURT STAFF) (Filed on 8/13/2018)
August 10, 2018 Filing 2 Proposed Summons. (Stris, Peter) (Filed on 8/10/2018)
August 10, 2018 Filing 1 COMPLAINT against Fidelity Investments Charitable Gift Fund ( Filing fee $ 400, receipt number 0971-12587733.). Filed byEmily Fairbairn, Malcolm Fairbairn. (Attachments: #1 Civil Cover Sheet)(Stris, Peter) (Filed on 8/10/2018)

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Plaintiff: Emily Fairbairn
Represented By: Peter K Stris
Represented By: John Randolph Stokes
Represented By: Rachana Ambarish Pathak
Represented By: Dana Erin Berkowitz
Represented By: Bridget Asay
Represented By: Brendan Stephen Maher
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Plaintiff: Malcolm Fairbairn
Represented By: Peter K Stris
Represented By: John Randolph Stokes
Represented By: Rachana Ambarish Pathak
Represented By: Dana Erin Berkowitz
Represented By: Bridget Asay
Represented By: Brendan Stephen Maher
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Defendant: Fidelity Investments Charitable Gift Fund
Represented By: David Charles Marcus
Represented By: Alan Evan Schoenfeld
Represented By: Christopher Thomas Casamassima
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