Convergent Mobile, Inc. v. JTH Tax, Inc.
| Convergent Mobile, Inc. |
| JTH Tax, Inc. dba Liberty Tax Service, JTH Tax, Inc. and JTH Tax, Inc. doing business as Liberty Tax Service |
| 4:2019cv06484 |
| October 9, 2019 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 REPLY (re #17 MOTION to Disqualify Counsel Gordon Rees Scully Mansukhani. LLP from Respresenting Defendant ) filed byConvergent Mobile, Inc.. (Attachments: #1 Declaration Nicole Jaffee)(Jaffee, Nicole) (Filed on 11/26/2019) |
| Filing 28 REPLY (re #16 MOTION to Remand to State Court ) filed byConvergent Mobile, Inc.. (Jaffee, Nicole) (Filed on 11/26/2019) |
| Filing 27 OPPOSITION/RESPONSE (re #17 MOTION to Disqualify Counsel Gordon Rees Scully Mansukhani. LLP from Respresenting Defendant ) filed byJTH Tax, Inc.. (Attachments: #1 Declaration of Heather-Ann T. Young in Support of Defendant JTH Tax, Inc. dba Liberty Tax Service's Opposition to Plaintiff's Motion to Disqualify Gordon Rees Scully Mansukhani, LLP from Representing Defendant, #2 Declaration of I. Hooshie Broomand in Support of Defendant JTH Tax, Inc. dba Liberty Tax Service's Opposition to Plaintiff's Motion to Disqualify Gordon Rees Scully Mansukhani, LLP from Representing Defendant, #3 Request for Judicial Notice in Support of Defendant JTH Tax, Inc. dba Liberty Tax Service's Opposition to Plaintiff's Motion to Disqualify Gordon Rees Scully Mansukhani, LLP from Representing Defendant)(Broomand, Illya) (Filed on 11/19/2019) |
| Filing 26 OPPOSITION/RESPONSE (re #16 MOTION to Remand to State Court ) filed byJTH Tax, Inc.. (Attachments: #1 Declaration of I. Hooshie Broomand in Support of Defendant JTH Tax, Inc. dba Liberty Tax Service's Opposition to Plaintiff's Motion to Remand to State Court, #2 Declaration of Michael Piper, CFO in Support of Defendant JTH Tax, Inc. dba Liberty Tax Service's Opposition to Plaintiff's Motion to Remand to State Court)(Broomand, Illya) (Filed on 11/19/2019) |
Filing 25
ORDER [* AS MODIFIED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting in part #23 Administrative Motion to Reset Hearings, Briefing Schedule and Initial Case Management Conference.Plaintiff's Motion to Disqualify and Motion to Remand remain on calendar for 12/10/19 at 2:00pm.Defendant's Motion to Dismiss and Motion to Strike: Opposition filed 12/24/19; reply filed 1/7/2020; hearing on Defendant's motions set 1/21/2020 at 2:00 PM. Case Management Statement due by 3/9/2020. Initial Case Management Conference set for 1/13/2020 is CONTINUED to Monday, 3/16/2020 02:00 PM in Oakland, Courtroom 1, 4th Floor. (fs, COURT STAFF) (Filed on 11/8/2019)
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| Filing 24 OPPOSITION/RESPONSE (re #23 ADMINISTRATIVE MOTION TO RESET HEARINGS, BRIEFING SCHEDULE AND INITIAL CASE MANAGEMENT CONFERENCE ) filed byJTH Tax, Inc.. (Broomand, Illya) (Filed on 11/8/2019) |
| Set/Reset Deadlines as to #7 MOTION to Strike Pursuant to Federal Rule 12(f), #6 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6) : Responses due by 12/24/2019. Replies due by 1/7/2020. Defendant's Motion Hearing set for 1/21/2020 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 11/8/2019) |
| Filing 23 ADMINISTRATIVE MOTION TO RESET HEARINGS, BRIEFING SCHEDULE AND INITIAL CASE MANAGEMENT CONFERENCE filed by Convergent Mobile, Inc.. Responses due by 11/12/2019. (Attachments: #1 Declaration Declaration of Nicole Jaffe, #2 Proposed Order)(Jaffee, Nicole) (Filed on 11/7/2019) |
| Filing 22 Declaration of Stephen Peary in Support of Plaintiff's Motion to Remand State Court filed byConvergent Mobile, Inc.. (Jaffee, Nicole) (Filed on 11/6/2019) |
| Filing 21 Declaration of Nicole M. Jaffee in Support of Plaintiff's Motion to Remand State Court filed byConvergent Mobile, Inc.. (Jaffee, Nicole) (Filed on 11/6/2019) |
| Filing 20 Declaration of Deborah Bull in Support of #17 MOTION to Disqualify Counsel Gordon Rees Scully Mansukhani. LLP from Respresenting Defendant filed byConvergent Mobile, Inc.. (Related document(s) #17 ) (Jaffee, Nicole) (Filed on 11/6/2019) |
| #Electronic filing error. Illegible Pages 11-31 as to dkt. #16-2, Pages 28-29 as to dkt. #16-3, Page 35-36 as to dkt. #20. Please re-file in its entirety Re: #20 Declaration i n Support, filed by Convergent Mobile, Inc., #16 -2 (Jaffee Declaration), #16 -3 (Peary Declaration ) filed by Convergent Mobile, Inc. (cpS, COURT STAFF) (Filed on 11/6/2019) |
| Filing 19 REPLY re Non-Opposition to (re #7 MOTION to Strike Pursuant to Federal Rule 12(f) ) re Non-Opposition filed byJTH Tax, Inc.. (Broomand, Illya) (Filed on 11/5/2019) Modified on 11/6/2019 (cpS, COURT STAFF). |
| Filing 18 REPLY re Non-Opposition to (re #6 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6) ) re Non-Opposition filed byJTH Tax, Inc.. (Broomand, Illya) (Filed on 11/5/2019) Modified on 11/6/2019 (cpS, COURT STAFF). |
| Filing 17 MOTION to Disqualify Counsel Gordon Rees Scully Mansukhani. LLP from Respresenting Defendant filed by Convergent Mobile, Inc.. Motion Hearing set for 12/10/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 11/19/2019. Replies due by 11/26/2019. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Deborah Bull, #3 Proposed Order Proposed Order)(Jaffee, Nicole) (Filed on 11/5/2019) Modified on 11/6/2019 (cpS, COURT STAFF).***ATTACHMENT 2, RE-FILED AT DKT. #20 *** |
| Filing 16 MOTION to Remand to State Court filed by Convergent Mobile, Inc.. Motion Hearing set for 12/10/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 11/19/2019. Replies due by 11/26/2019. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Declaration of Nicole M. Jaffee, #3 Declaration Declaration of Stephen Peary, #4 Proposed Order Proposed Order)(Jaffee, Nicole) (Filed on 11/5/2019) Modified on 11/7/2019 (cpS, COURT STAFF).***NOTE: ATTACHMENT 2 RE-FILED AT DKT. #21 . ATTACHMENT 3 RE-FILED AT DKT. #22 *** |
| Filing 15 Renotice motion hearing re #7 MOTION to Strike Pursuant to Federal Rule 12(f) filed byJTH Tax, Inc.. (Related document(s) #7 ) (Broomand, Illya) (Filed on 10/29/2019) |
| Filing 14 Renotice motion hearing re #6 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6) filed byJTH Tax, Inc.. (Related document(s) #6 ) (Broomand, Illya) (Filed on 10/29/2019) |
| Set/Reset Deadlines as to #7 MOTION to Strike Pursuant to Federal Rule 12(f), #6 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6). Motion Hearing set for 12/3/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 10/29/2019) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/24/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 10/24/2019)
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| Filing 12 DEMAND for Trial by Jury by JTH Tax, Inc.. (Broomand, Illya) (Filed on 10/23/2019) |
| Filing 11 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 10/23/2019) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by JTH Tax, Inc... (Broomand, Illya) (Filed on 10/22/2019) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Convergent Mobile, Inc... (Jaffee, Nicole) (Filed on 10/22/2019) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendant shall file a consent or declination to proceed before a magistrate judge by 10/24/2019. 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. (mklS, COURT STAFF) (Filed on 10/17/2019) |
| Filing 7 MOTION to Strike Pursuant to Federal Rule 12(f) filed by JTH Tax, Inc.. Motion Hearing set for 11/25/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 10/30/2019. Replies due by 11/6/2019. (Attachments: #1 Declaration of I. Hooshie Broomand in Support of Defendant JTH Tax, Inc. dba Liberty Tax Services Motion to Strike Pursuant to Federal Rule 12(f), #2 Proposed Order Granting Defendant JTH Tax, Inc. dba Liberty Tax Services Motion to Strike Pursuant to Federal Rule 12(f))(Broomand, Illya) (Filed on 10/16/2019) |
| Filing 6 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6) filed by JTH Tax, Inc.. Motion Hearing set for 11/25/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 10/30/2019. Replies due by 11/6/2019. (Attachments: #1 Declaration of I. Hooshie Broomand in Support of Defendant JTH Tax, Inc. dba Liberty Tax Services Motion Pursuant to Federal Rule 12(b)(6), #2 Proposed Order Granting Defendant JTH Tax, Inc. dba Liberty Tax Services Motion to Dismiss Pursuant to Federal Rule 12(b)(6))(Broomand, Illya) (Filed on 10/16/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 1/6/2020. Initial Case Management Conference set for 1/13/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 10/10/2019) |
| Filing 4 CERTIFICATE OF SERVICE filed by JTH Tax, Inc. of Standing Orders (Broomand, Illya) (Filed on 10/10/2019) |
| Filing 3 Civil Cover Sheet filed by JTH Tax, Inc. re #1 Notice of Removal, filed by JTH Tax, Inc.. (Attachments: #(1) Certificate/Proof of Service)(Broomand, Illya) (Filed on 10/10/2019) |
| #Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet JS 44 (Rev. 08/16) used at case opening. Please complete and re-file as a s eparate docket entry current Civil Cover Sheet JS-CAND 44 (Rev. 07/19) re #1 . #1 Notice of Removal, filed by JTH Tax, Inc. (bwS, COURT STAFF) (Filed on 10/10/2019) |
| Filing 2 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 10/23/2019. (bwS, COURT STAFF) (Filed on 10/9/2019) |
| Filing 1 NOTICE OF REMOVAL (28 U.S.C. Sections 1332, 1441); Jury Trial Demanded from Sonoma County Superior Court. Their case number is SCV-265057, (Filing Fee: $400.00, receipt number 0971- 13779866). Filed by JTH Tax, Inc., dba Liberty Tax Service. (Attachments: #(1) Civil Cover Sheet, #(2) Certificate/Proof of Service)(Broomand, Illya) (Filed on 10/9/2019) Modified on 10/10/2019 (tnS, COURT STAFF). |
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