Livingston et al v. MiTAC Digital Corporation
Plaintiff: Michael Livingston and Sharon McGill
Defendant: MiTAC Digital Corporation, a California corporation and MiTAC Digital Corporation
Case Number: 3:2018cv05993
Filed: September 28, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Jon S Tigar
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 May 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Filing 18 Request for Judicial Notice re #17 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed byMiTAC Digital Corporation. (Attachments: #1 Exhibit A to Request for Judicial Notice in Support of Defendant's Motion to Dismiss)(Related document(s) #17 ) (Dassoff, Glenn) (Filed on 11/26/2018)
November 26, 2018 Filing 17 MOTION to Dismiss Pursuant to FRCP 12(b)(6) filed by MiTAC Digital Corporation. Motion Hearing set for 1/3/2019 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 12/10/2018. Replies due by 12/17/2018. (Attachments: #1 Proposed Order Granting Defendant MiTAC Digital Corporation's Motion to Dismiss)(Dassoff, Glenn) (Filed on 11/26/2018)
November 26, 2018 Filing 16 Certificate of Interested Entities by MiTAC Digital Corporation identifying Corporate Parent MiTAC Europe Limited, Other Affiliate Access Wisdom Holdings Limited, Other Affiliate MiTAC Digital Technology Corporation, Other Affiliate MiTAC Holdings Corporation for MiTAC Digital Corporation. and Corporate Disclosure Statement (Dassoff, Glenn) (Filed on 11/26/2018)
October 22, 2018 Filing 15 STIPULATION to Extend Time to Respond to re #1 Complaint filed by MiTAC Digital Corporation. (Moren, Harry) (Filed on 10/22/2018)
October 19, 2018 Filing 14 NOTICE of Appearance by Harry J. Moren (Moren, Harry) (Filed on 10/19/2018)
October 19, 2018 Filing 13 NOTICE of Appearance by Glenn D. Dassoff (Dassoff, Glenn) (Filed on 10/19/2018)
October 12, 2018 Filing 12 SUMMONS Returned Executed by Michael Livingston, Sharon McGill. MiTAC Digital Corporation served on 10/5/2018, answer due 10/26/2018. (Lurie, Jordan) (Filed on 10/12/2018)
October 9, 2018 Filing 11 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/21/2018. Initial Case Management Conference set for 1/2/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. (Attachments: #1 Standing Order, #2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 10/9/2018)
October 5, 2018 Opinion or Order Filing 10 ORDER, Case reassigned to Judge Jon S. Tigar. Magistrate Judge Sallie Kim 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 10/5/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/5/2018)
October 5, 2018 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/5/2018)
October 4, 2018 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Livingston, Sharon McGill.. (Lurie, Jordan) (Filed on 10/4/2018)
October 2, 2018 Filing 7 Declaration of Sharon McGill in Support of Venue for Class Action Complaint Pursuant to Civil Code Section 1780(d) re #1 Complaint filed by Michael Livingston, Sharon McGill. (Related document(s) #1 ) (Lurie, Jordan) (Filed on 10/2/2018)
October 1, 2018 Filing 6 Summons Issued as to Defendant MiTAC Digital Corporation. (tnS, COURT STAFF) (Filed on 10/1/2018)
October 1, 2018 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/24/2018. Initial Case Management Conference set for 12/31/2018 at 1:30 PM in San Francisco, Courtroom A, 15th Floor. (tnS, COURT STAFF) (Filed on 10/1/2018)
September 28, 2018 Filing 4 Case assigned to Magistrate Judge Sallie Kim. 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 10/12/2018. (bwS, COURT STAFF) (Filed on 9/28/2018)
September 28, 2018 Filing 3 Civil Local Rule 3-15 Certification of Interested Entities or Persons filed by Michael Livingston & Sharon McGill (Lurie, Jordan) (Filed on 9/28/2018)
September 28, 2018 Filing 2 Proposed Summons. (Lurie, Jordan) (Filed on 9/28/2018)
September 28, 2018 Filing 1 CLASS ACTION COMPLAINT for: (1) Violations of California's Consumers Legal Remedies Act; (2) Violations of Unfair Competition Law, California Business & Professions Code Section 17200 et seq.; (3) Breach of Express Warranty Pursuant to California Commercial Code Section 2313; (4) Breach of Written Warranty Pursuant to the Magnuson-Moss Warranty Act; (5) Trespass to Chattels; (6) Unjust Enrichment; Demand for Jury Trial against MiTAC Digital Corporation, a California corporation, (Filing Fee: $400.00, receipt number 0971-12723035). Filed by Michael Livingston & Sharon McGill. (Attachments: #(1) Civil Cover Sheet)(Lurie, Jordan) (Filed on 9/28/2018) Modified on 10/1/2018 (tnS, COURT STAFF).

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Plaintiff: Michael Livingston
Represented By: Jordan L. Lurie
Represented By: Tarek H. Zohdy
Represented By: Cody Robert Padgett
Represented By: Trisha Kathleen Monesi
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Plaintiff: Sharon McGill
Represented By: Jordan L. Lurie
Represented By: Tarek H. Zohdy
Represented By: Cody Robert Padgett
Represented By: Trisha Kathleen Monesi
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Defendant: MiTAC Digital Corporation, a California corporation
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Defendant: MiTAC Digital Corporation
Represented By: Glenn D. Dassoff
Represented By: Harry J. Moren
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