Simmons v. Augusta Aviation, Inc. et al
Plaintiff: Anthony Simmons
Defendant: Augusta Aviation, Inc., Daniel Gates, Chris Wilson and Coastal Air, Inc.
Case Number: 3:2019cv07494
Filed: November 14, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Referring Judge: Richard Seeborg
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2020 Filing 22 TELEPHONIC APPEARANCE: The Initial Case Management Conference set for March 5, 2020 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 1/10/2020)
January 10, 2020 Filing 21 First MOTION to Appear by Telephone at Initial Case Management Conference filed by Anthony Simmons. (Van Geffen, John) (Filed on 1/10/2020)
January 10, 2020 Filing 20 REPLY (re #13 MOTION to Dismiss for Lack of Jurisdiction ) filed byAugusta Aviation, Inc.. (Arbogast, David) (Filed on 1/10/2020)
January 8, 2020 Filing 19 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss for Lack of Jurisdiction ) filed byAnthony Simmons. (Attachments: #1 Declaration Declaration of Anthony Simmons, #2 Exhibit Simmons Decl. Attachment 1, #3 Exhibit Simmons Decl. Attachment 2, #4 Declaration Declaration of James Sanders, #5 Declaration Declaration of John Van Geffen)(Van Geffen, John) (Filed on 1/8/2020)
January 3, 2020 Filing 18 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an in-person Initial Case Management Conference set for 3/5/2020 at 10:00 AM in Courtroom #3, 17th Floor, in San Francisco before Judge Richard Seeborg upon reassignment. Case Management Statement due by 2/27/2020. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. If either party so desires, however, counsel may file a request to appear by telephone at 11:00 am, in which case the Conference will be moved to 11:00 am to be held telephonically for all parties, and all parties must contact Court Conference at 866/582-6878 at least one week prior to the Conference. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Seeborg's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/3/2020)
January 3, 2020 Opinion or Order Filing 17 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Signed by the Clerk on 01/03/2020. (ajsS, COURT STAFF) (Filed on 1/3/2020)
January 2, 2020 Filing 16 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. (ig, COURT STAFF) (Filed on 1/2/2020)
December 31, 2019 Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Augusta Aviation, Inc... (Arbogast, David) (Filed on 12/31/2019)
December 30, 2019 Filing 14 CLERK'S NOTICE TO DEFENDANT AUGUSTA AVIATION, INC. Re: Consent or Declination: Defendant Augusta Aviation, Inc. 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. Consent/Declination due by 1/6/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 12/30/2019)
December 26, 2019 Set/Reset Deadlines as to #13 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/13/2020 01:00 PM before Magistrate Judge Donna M. Ryu. (dmrlc3, COURT STAFF) (Filed on 12/26/2019)
December 26, 2019 Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by Augusta Aviation, Inc.. Motion Hearing set for 2/13/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 1/9/2020. Replies due by 1/16/2020. (Attachments: #1 Declaration Chris Wilson, #2 Declaration Daniel Gates, #3 Notice of Eligibility for Video Recording Steven Gay)(Arbogast, David) (Filed on 12/26/2019) Modified on 12/27/2019 (cjlS, COURT STAFF).
December 18, 2019 Filing 12 AFFIDAVIT of Service for Summons, Complaint and Orders served on Coastal Air, Inc. on December 7, 2019, filed by Anthony Simmons., CERTIFICATE OF SERVICE by Anthony Simmons (Attachments: #1 Affidavit Affidavit of John Van Geffen in Support of Service on Coastal Air, Inc., #2 Exhibit Ex 1. Coastal Air, Inc's Forfeited Status in Delaware, #3 Exhibit Ex. 2. Coastal Air, Inc's Revoked status in Georgia, #4 Exhibit Ex. 3. Bad Address for Registered Agent, #5 Exhibit Ex. 4 Service on Coastal Air, Inc's Registered Agent, Daniel Gates)(Van Geffen, John) (Filed on 12/18/2019)
December 13, 2019 Filing 11 CERTIFICATE OF SERVICE by Anthony Simmons on Defendant Chris Wilson (Van Geffen, John) (Filed on 12/13/2019)
December 12, 2019 Filing 10 CERTIFICATE OF SERVICE by Anthony Simmons Service of Summons and Complaint on Augusta Aviation, Inc. (Van Geffen, John) (Filed on 12/12/2019)
December 9, 2019 Filing 9 CERTIFICATE OF SERVICE by Anthony Simmons on Defendant Daniel Gates (Van Geffen, John) (Filed on 12/9/2019)
November 21, 2019 Filing 8 Amended Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/12/2020. Initial Case Management Conference set for 2/19/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 11/21/2019)
November 21, 2019 #Electronic filing error. Incorrect event used. The correct event is Proposed Summons. The summons should NOT be filed as an attachment to the Amended Complaint. The correct event can be found at Civil Events > Other Filings > Other Documents > Proposed Summons. Please re-file the SUMMONS ONLY in its entirety. Additionally, the new summons will NOT be issued until the original summons issued is returned either executed, if served, or unexecuted. [err101] Re:[6-5] Proposed Summons, filed by Anthony Simmons (jmlS, COURT STAFF) (Filed on 11/21/2019)
November 20, 2019 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anthony Simmons.. (Van Geffen, John) (Filed on 11/20/2019)
November 20, 2019 Filing 6 AMENDED COMPLAINT against All Defendants. Filed byAnthony Simmons. (Attachments: #1 Exhibit Exhibit A to Amended Complaint, #2 Exhibit Exhibit B to Amended Complaint, #3 Exhibit Exhibit C to Amended Complaint, #4 Exhibit Exhibit D to Amended Complaint, #5 Summons Proposed Summons adding Defendant Coastal Air, Inc.)(Van Geffen, John) (Filed on 11/20/2019)
November 15, 2019 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/5/2020. Initial Case Management Conference set for 2/12/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 11/15/2019)
November 15, 2019 Filing 4 Summons Issued as to Augusta Aviation, Inc., Daniel Gates, Chris Wilson. (jmlS, COURT STAFF) (Filed on 11/15/2019)
November 14, 2019 Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 11/29/2019. (bwS, COURT STAFF) (Filed on 11/14/2019)
November 14, 2019 Filing 2 Proposed Summons. (Van Geffen, John) (Filed on 11/14/2019)
November 14, 2019 Filing 1 COMPLAINT and Request for Jury Trial against All Defendants ( Filing fee $ 400, receipt number 0971-13889102.). Filed byAnthony Simmons. (Attachments: #1 Exhibit Exhibit A - Purchase Agreements and Shop Order, #2 Exhibit Exhibit B - Findings Report, #3 Civil Cover Sheet Civil Cover Sheet)(Van Geffen, John) (Filed on 11/14/2019)

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Defendant: Augusta Aviation, Inc.
Represented By: David M. Arbogast
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Defendant: Daniel Gates
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Defendant: Chris Wilson
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Defendant: Coastal Air, Inc.
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Plaintiff: Anthony Simmons
Represented By: John Tobin Van Geffen
Represented By: Michael Leonard Dworkin
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