Kidstar v. Facebook, Inc. et al
| SAMUEL KIDSTAR |
| Mark Zuckerberg and Facebook Inc. |
| 3:2020cv05408 |
| August 4, 2020 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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Filing 58
ORDER DISCHARGING ORDER TO SHOW CAUSE AND RESCHEDULING HEARING as to #52 MOTION to Dismiss . Replies due by 10/13/2020. Motion Hearing reset for 11/2/2020 09:30 AM before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 9/29/2020. (mklS, COURT STAFF) (Filed on 9/29/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 57 Response to Order to Show Cause bySamuel Kidstar. (Attachments: #1 opp. motion)(Kidstar, Samuel) (Filed on 9/28/2020) |
| Filing 56 MOTION for Extension of Time to File Response/Reply filed by Samuel Kidstar. (Kidstar, Samuel) (Filed on 9/28/2020) |
| Filing 55 OPPOSITION/RESPONSE (re #52 MOTION to Dismiss ) filed bySamuel Kidstar. (Attachments: #1 propons opp.)(Kidstar, Samuel) (Filed on 9/28/2020) |
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Filing 54
ORDER TO SHOW CAUSE. Show Cause Response due by 9/28/2020. The Court VACATES the hearing on the motion to dismiss currently scheduled on 10/5/2020 and will reset it at a later date, if necessary. Signed by Magistrate Judge Sallie Kim on 9/14/2020. (mklS, COURT STAFF) (Filed on 9/14/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 53 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Samuel Kidstar.. (Kidstar, Samuel) (Filed on 9/4/2020) |
| Filing 52 MOTION to Dismiss filed by Facebook Inc., Mark Zuckerberg. Motion Hearing set for 10/5/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 9/9/2020. Replies due by 9/16/2020. (Attachments: #1 Declaration Declaration of Jenner Pricer In Support of Dismissal, #2 Appendix Appendix A, #3 Proposed Order Proposed Order Granting Dismissal)(Malhotra, Paven) (Filed on 8/26/2020) |
| Filing 51 Request for Judicial Notice filed byFacebook Inc., Mark Zuckerberg. (Attachments: #1 Proposed Order Proposed Order for Request for Judicial Notice)(Malhotra, Paven) (Filed on 8/26/2020) |
| Filing 50 NOTICE of Change In Counsel by Paven Malhotra (Malhotra, Paven) (Filed on 8/26/2020) |
| Filing 49 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 9/8/2020. 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 8/24/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Facebook Inc., Mark Zuckerberg.. (Malhotra, Paven) (Filed on 8/24/2020) |
| Filing 47 NOTICE of Appearance by Paven Malhotra (Malhotra, Paven) (Filed on 8/24/2020) |
| Filing 46 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/2/2020. Initial Case Management Conference set for 11/9/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/6/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 45 Case transferred in from District of New Jersey; Case Number 2:18-cv-13558. Original file certified copy of transfer order and docket sheet received. |
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Filing 44
ORDER granting #5 Motion to Transfer Case to Northern District of California (USCA Electronically Notified) ***CIVIL CASE TERMINATED; granting #5 Motion to Dismiss ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 7/31/2020. (ld, )
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| Filing 43 OPINION. Signed by Judge Claire C. Cecchi on 7/31/2020. (ld, ) |
| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 7/28/2020. (Court Reporter/Recorder ECR.) (spc, ) |
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Filing 42
TEXT ORDER -- The telephone conference scheduled with Judge Mannion on 7/28/2020 at 4:15 PM will be held using the dial-in number 866-434-5269 with access code 1874589#. If you have problems connecting to the conference line using a cell phone, try using a landline. No court proceedings, including proceedings conducted by audio or video teleconference, may be photographed, recorded, broadcast, or otherwise transmitted without the express permission of the Court. So Ordered by Magistrate Judge Steven C. Mannion on 7/25/2020. (spc, )
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Filing 41
ORDER that by or before June 15, 2020, each party shall deliver to the Court a confidential letter via facsimile not to exceed three (3) pages, summarizing the parties' positions on settlement and indicating whether a mediation session or settlement conference is presently needed. Signed by Judge Claire C. Cecchi on 5/30/2020. (jl, )
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| Filing 40 NOTICE of Change of Address by SAMUEL KIDSTAR (ld, ) |
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Filing 39
SUPPLEMENTAL SCHEDULING ORDER. etc. Signed by Magistrate Judge Steven C. Mannion on 1/28/2020. (dam, )
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| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 1/28/2020. supplemental order to be filed. (Court Reporter/Recorder ECR.) (spc, ) |
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Filing 38
TEXT ORDER: A telephone conference is scheduled with Judge Mannion on 1/28/2020 at 5:00 PM. Defendant(s)' counsel is to initiate the call. So Ordered by Magistrate Judge Steven C. Mannion on 10/24/19. (Mannion, Steven)
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| Filing 37 Letter from Mark S Pincus re 36 Order. (PINCUS, MARK) |
| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 10/24/2019. Text order entered scheduling next conference for 1/28/2020 at 5 PM (Court Reporter/Recorder ECR.) (spc, ) |
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Filing 36
TEXT ORDER: A telephone conference is scheduled with Judge Mannion on 10/24/2019 at 5:00 PM. Defendant(s)' counsel is to initiate the call. So Ordered by Magistrate Judge Steven C. Mannion on 7/17/19. (Mannion, Steven)
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| Filing 35 BRIEF in Further Response to May 29, 2019 Order (PINCUS, MARK) |
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Filing 33
ORDER re #31 Plaintiff's Letter. The Court grants two weeks from the date of this Order for Plaintiff to reply. Signed by Judge Claire C. Cecchi on 6/24/2019. (dam, )
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| Filing 32 Letter from Mark S. Pincus re #31 Letter, #29 Order on Motion to Transfer Case,,, Order on Motion to Dismiss,,. (PINCUS, MARK) |
| Filing 34 Letter from SAMUEL KIDSTAR to Judge Cecchi. (as, ) |
| Filing 31 Letter from Samuel Kidstar. (JB, ) |
| Filing 30 BRIEF in Response to May 29, 2019 Order (Attachments: #1 Declaration of Mark S. Pincus, #2 Exhibit A (P's Responses to Doc Reqs/Interrogatories), #3 Exhibit B (2009 Screenshot-1), #4 Exhibit C (2009 Screenshot-2), #5 Exhibit D (2017 Screenshot))(PINCUS, MARK) |
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Filing 29
ORDER, that, now that the period of limited discovery has ended, the parties shall submit supplemental briefing and provide any relevant exhibits on the limited issue of whether Plaintiff has reasonably conspicuous notice of the existence of the contract terms and infested assent to those terms; Defendant's motion to transfer venue or dismiss #5 is hereby administratively terminated to allow the parties to submit supplemental briefing on the venue issue, etc. Signed by Judge Claire C. Cecchi on 4/29/2019. (JB, )
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Filing 28
TEXT ORDER: A telephone conference is scheduled with Magistrate Judge Mannion on 7/17/2019 at 5:00 PM. Defendant(s)' counsel is to initiate the call. So Ordered by Magistrate Judge Steven C. Mannion on 5/13/19. (Mannion, Steven)
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| Filing 27 NOTICE Consent & Registration form to receive documents electronically by SAMUEL KIDSTAR (JB, ) |
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Filing 26
LETTER ORDER, that this case has been assigned to me for pre-trial management. All correspondence to the Court for any pre-trial matter should be directed to my attention. You are now appearing in this action pro se and are personally responsible for the progress of your own case, etc (copy of form to received electronic notification send). Signed by Magistrate Judge Steven C. Mannion on 4/26/2019. (JB, )
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| Filing 25 Mail Returned as Undeliverable. Mail sent to SAMUEL KIDSTAR send to Broad Chanel, NY address (no other address in file to update) (JB, ) (Additional attachment(s) added on 3/28/2019: #1 Supplemental scheduling Order (mail return)) (JB, ). |
| Filing 23 Letter from Mark S. Pincus, Esq.. (PINCUS, MARK) |
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Filing 22
ORDER granting #16 Plaintiff's Motion to Withdraw as Attorney. Attorney STEPHANIE MC CLURE terminated. etc. Signed by Magistrate Judge Steven C. Mannion on 3/5/2019. (dam, )
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Filing 24
SUPPLEMENTAL SCHEDULING ORDER: Limited fact discovery is to remain open through 3/29/2019. No discovery is to be issued or engaged in beyond that date, except upon application and for good cause shown; etc. Signed by Magistrate Judge Steven C. Mannion on 3/5/2019. (sm)
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| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 3/5/2019. (Court Reporter/Recorder ECR.) (spc, ) |
| Filing 21 Letter from Stephanie McClure. (MC CLURE, STEPHANIE) |
| Filing 20 Letter from Withdrawing Counsel. (Attachments: #1 Supplement Substitution of Attorney Pro Se Litigant)(MC CLURE, STEPHANIE) |
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Filing 19
TEXT ORDER: Plaintiff Kidstar and his counsel shall appear before Judge Mannion for a status conference re: the motion to withdraw in Courtroom 2B on 3/5/2019 at 4:45 PM. Counsel for defendant shall appear by telephone and defendant shall be immediately available via telephone to discuss settlement. So Ordered by Magistrate Judge Steven C. Mannion on 2/15/19. (Mannion, Steven)
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| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Telephone Conference held on 2/15/2019. Text order entered scheduling next conference for 3/5/2019 in courtroom 2B 4:45 pm (spc, ) |
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Filing 18
ORDER re #17 Letter, Status Conference set for 2/15/2019 04:15 PM before Magistrate Judge Steven C. Mannion will now be a telephone status conference with defense counsel initiating the call. Signed by Magistrate Judge Steven C. Mannion on 2/14/2019. (spc, )
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| Filing 17 Letter from Pff Counsel. (MC CLURE, STEPHANIE) |
| set Deadlines as to #16 First MOTION to Withdraw as Attorney . Motion set for 2/4/2019 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, ) |
| Filing 16 First MOTION to Withdraw as Attorney by SAMUEL KIDSTAR. (MC CLURE, STEPHANIE) |
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Filing 15
PRETRIAL SCHEDULING ORDER: Counsel shall appear for a Status Conference on 2/15/2019 04:15 PM before Magistrate Judge Steven C. Mannion. Amended Pleadings due by 2/22/2019. Limited Fact Discovery is to remain open through 3/15/2019. Joinder of Parties due by 2/22/2019. Rule 26 Meeting Report due by 12/28/2018, etc. Signed by Magistrate Judge Steven C. Mannion on 12/14/2018. (JB, )
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| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Scheduling Conference held on 12/14/2018. Initial scheduling Order to be filed. (spc, ) |
| Filing 14 Joint Discovery Plan by FACEBOOK, INC., MARK ZUCKERBERG.(PINCUS, MARK) |
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Filing 13
ORDER Scheduling Initial R16 Conference for 12/14/2018 11:30 AM in Newark - Courtroom 2B before Magistrate Judge Steven C. Mannion. Signed by Magistrate Judge Steven C. Mannion on 10/26/2018. (spc, )
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| Filing 12 NOTICE of Appearance by STEPHANIE MC CLURE on behalf of SAMUEL KIDSTAR (MC CLURE, STEPHANIE) |
| Filing 11 CERTIFICATE OF SERVICE by FACEBOOK, INC., MARK ZUCKERBERG re #10 Response in Support of Motion (PINCUS, MARK) |
| Filing 10 RESPONSE in Support filed by FACEBOOK, INC., MARK ZUCKERBERG re #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss (PINCUS, MARK) |
| Filing 9 MEMORANDUM in Opposition filed by SAMUEL KIDSTAR re #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss Requesting Expedited Limited Discovery and Leave to Amend (Attachments: #1 Text of Proposed Order)(MC CLURE, STEPHANIE) |
| Filing 8 CERTIFICATE OF SERVICE by FACEBOOK, INC., MARK ZUCKERBERG re #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss , #6 Brief in Support of Motion, #7 Certification in Support of Motion,, (PINCUS, MARK) |
| Set Deadlines as to #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss . Motion set for 10/15/2018 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, ) |
| Filing 7 CERTIFICATION in Support filed by FACEBOOK, INC., MARK ZUCKERBERG re #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss by Michael P. Duffey (Attachments: #1 Exhibit A (April 2004 User Agreement), #2 Exhibit B (September 2004 User Agreement)), #3 Exhibit C (User Agreement in Effect on May 31, 2009), #4 Exhibit D (User Agreement in Effect on March 13, 2017), #5 Exhibit E (User Agreement in Effect since April 19, 2018)))(PINCUS, MARK) |
| Filing 6 BRIEF in Support filed by FACEBOOK, INC., MARK ZUCKERBERG re #5 MOTION to Transfer Case to Northern District of California or alternatively MOTION to Dismiss (PINCUS, MARK) |
| Filing 5 MOTION to Transfer Case to Northern District of California or alternatively, MOTION to Dismiss ( Responses due by 10/1/2018) by FACEBOOK, INC., MARK ZUCKERBERG. (Attachments: #1 Text of Proposed Order)(PINCUS, MARK) |
| Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Steven C. Mannion. (ak, ) |
| Filing 4 CERTIFICATE OF SERVICE by FACEBOOK, INC., MARK ZUCKERBERG re #2 Declaration, #3 Corporate Disclosure Statement, #1 Notice of Removal, (PINCUS, MARK) |
| Filing 3 Corporate Disclosure Statement by FACEBOOK, INC., MARK ZUCKERBERG. (PINCUS, MARK) |
| Filing 2 DECLARATION of Michael P. Duffey re #1 Notice of Removal, by FACEBOOK, INC., MARK ZUCKERBERG. (PINCUS, MARK) |
| Filing 1 NOTICE OF REMOVAL by MARK ZUCKERBERG, FACEBOOK, INC. from Superior Court of Hudson County, case number HUD L 003079 18. ( Filing and Admin fee $ 400 receipt number 0312-9001841), filed by MARK ZUCKERBERG, FACEBOOK, INC.. (Attachments: #1 Exhibit A (New York Complant), #2 Exhibit B (New Jersey State Complaint), #3 Exhibit Notice of Filing Notice of Removal)(PINCUS, MARK) |
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