Atkinson v. Facebook, Inc. et al
Cameron L. Atkinson |
Mark Zuckerberg and Facebook Inc. |
3:2020cv05546 |
August 11, 2020 |
US District Court for the Northern District of California |
Richard Seeborg |
Civil Rights: Other |
42 U.S.C. § 1981 |
Plaintiff |
Docket Report
This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.
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Filing 64 CLERK'S NOTICE CONTINUING MOTION HEARING as to #59 MOTION to Dismiss Complaint and Supplemental Complaint. Motion Hearing previously set for 10/15/2020 has been continued to 12/3/2020 at 01:30 PM before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 10/7/2020) |
Filing 65 NOTICE of Substitution of Counsel Cameron L. Atkinson (Attachments: #1 Envelope)(fabS, COURT STAFF) (Filed on 10/5/2020) |
Filing 63 ORDER REQUESTING CONSENT TO SUBSTITUTION. Signed by Judge Richard Seeborg on 9/17/2020. (cl, COURT STAFF) (Filed on 9/17/2020) |
Filing 62 MOTION TO FACILITATE PRO-SE APPEARANCE AND E-FILING filed by Cameron L. Atkinson. (fabS, COURT STAFF) (Filed on 9/17/2020) |
Filing 61 NOTICE of Change In Counsel by Nicholas Reiss Green (Green, Nicholas) (Filed on 8/31/2020) |
Filing 60 Request for Judicial Notice re #59 MOTION to Dismiss Complaint and Supplemental Complaint filed byFacebook Inc., Mark Zuckerberg. (Attachments: #1 Declaration Declaration of Nicholas R. Green in Support of Defendants Request for Judicial Notice)(Related document(s) #59 ) (Green, Nicholas) (Filed on 8/31/2020) |
Filing 59 MOTION to Dismiss Complaint and Supplemental Complaint filed by Facebook Inc., Mark Zuckerberg. Motion Hearing set for 10/15/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 9/14/2020. Replies due by 9/21/2020. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendants Renewed Motion to Dismiss)(Green, Nicholas) (Filed on 8/31/2020) |
Filing 58 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (fabS, COURT STAFF) (Filed on 8/11/2020) |
Filing 57 Case transferred in from District of Connecticut; Case Number 3:19-cv-01785. Original file certified copy of transfer order and docket sheet received. |
Filing 56 ORDER granting #55 MOTION for Clarification 54 Order on Motion to Dismiss, by Facebook, Inc., Mark Zuckerberg. The Court's #54 Ruling is amended to clarify as follows: The defendants' Motion to Transfer is granted, and the defendants' Motion to Dismiss for Failure to State a Claim is denied without prejudice. SO ORDERED by Judge Janet C. Hall on 8/4/2020. (DeRubeis, B.) |
Filing 55 MOTION for Clarification #54 Order on Motion to Dismiss,,, by Facebook, Inc., Mark Zuckerberg. (Green, Nicholas) |
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Reis, Julia) |
Filing 54 RULING granting in part and denying in part #17 Motion to Dismiss; granting in part and denying in part #51 Motion to Dismiss. The Clerk is directed to transfer this case to the Northern District of California. Signed by Judge Janet C. Hall on 7/27/2020. (Reis, Julia) |
Filing 53 REPLY to Response to #51 Supplemental MOTION to Dismiss Complaint (Doc. 1) and Supplemental Complaint (Doc. 48) filed by Facebook, Inc., Mark Zuckerberg. (Green, Nicholas) |
Filing 52 Memorandum in Opposition re #51 Supplemental MOTION to Dismiss Complaint (Doc. 1) and Supplemental Complaint (Doc. 48) filed by Cameron L. Atkinson. (Pattis, Norman) |
Filing 51 Supplemental MOTION to Dismiss Complaint (Doc. 1) and Supplemental Complaint (Doc. 48) by Facebook, Inc., Mark Zuckerberg.Responses due by 7/3/2020 (Attachments: #1 Memorandum in Support of Defendants Supplemental Motion to Dismiss)(Malhotra, Paven) |
Filing 50 ORDER granting #49 Motion for Leave to File. SO ORDERED by Judge Janet C. Hall on 5/27/2020. (Lewis, D) |
Filing 49 MOTION for Leave to File A Supplemental Rule 12 Motion Within 21 Days by Facebook, Inc., Mark Zuckerberg. (Green, Nicholas) |
Filing 48 AMENDED COMPLAINT - Supplemental Complaint pursuant to FRCP 15(d) against All Defendants, filed by Cameron L. Atkinson. (Attachments: #1 Exhibit Exhibit A)(Pattis, Norman) |
Filing 47 ORDER granting #46 MOTION for Leave to File A Supplemental Complaint by Cameron L. Atkinson. The plaintiff is directed to docket his Amended Complaint. SO ORDERED by Judge Janet C. Hall on 5/21/2020. (DeRubeis, B.) |
Filing 46 MOTION for Leave to File A Supplemental Complaint by Cameron L. Atkinson. (Attachments: #1 Exhibit Supplemental Complaint & Exhibit)(Pattis, Norman) |
Filing 45 REPLY to Response to #17 MOTION to Dismiss filed by Facebook, Inc., Mark Zuckerberg. (Malhotra, Paven) |
Filing 44 ORDER granting #42 Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss Responses due by 4/6/2020. SO ORDERED by Judge Janet C. Hall on 3/18/2020. (Lewis, D) |
Filing 43 Memorandum in Opposition re #17 MOTION to Dismiss filed by Cameron L. Atkinson. (Pattis, Norman) |
Filing 42 MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition as to #17 MOTION to Dismiss until 4/6/2020 by Facebook, Inc., Mark Zuckerberg. (Reed, Lindsay) |
Filing 41 ORDER granting #40 MOTION for Extension of Time until March 16, 2020 Reply to the Defendants motion to dismiss. Motion is granted. Plaintiff is directed to docket Opposition. SO ORDERED by Judge Janet C. Hall on 3/17/2020. (Lewis, D) |
Filing 40 MOTION for Extension of Time until March 16, 2020 Reply to the Defendants motion to dismiss by Cameron L. Atkinson. (Attachments: #1 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS)(Pattis, Norman) |
Filing 39 CERTIFICATE OF GOOD STANDING re #25 MOTION for Attorney(s) Paven Malhotra to be Admitted Pro Hac Vice by Facebook, Inc., Mark Zuckerberg. (Malhotra, Paven) |
Filing 38 ORDER granting #37 Motion to Stay. SO ORDERED by Judge Janet C. Hall on 2/21/2020. (Lewis, D) |
Filing 37 MOTION to Stay All Discovery Pending Adjudication of Defendants Motion To Dismiss by Facebook, Inc., Mark Zuckerberg.Responses due by 3/10/2020 (Attachments: #1 Memorandum in Support of Defendants Unopposed Motion To Stay All Discovery)(Green, Nicholas) |
Filing 36 Set/Reset Deadlines as to #17 MOTION to Dismiss . Responses due by 3/12/2020 (Lewis, D) |
Filing 35 ORDER granting #33 MOTION for Extension of Time until 03-12-2020 REPLY TO DEFENDANTS MOTION TO DISMISS. SO ORDERED by Judge Janet C. Hall on 2/10/2020. (Lewis, D) |
Filing 34 NOTICE of Appearance by Lindsay T. Reed on behalf of Facebook, Inc., Mark Zuckerberg (Reed, Lindsay) |
Filing 33 MOTION for Extension of Time until 03-12-2020 REPLY TO DEFENDANTS MOTION TO DISMISS by Cameron L. Atkinson. (Pattis, Norman) |
Filing 32 CERTIFICATE OF GOOD STANDING re #23 MOTION for Attorney(s) Nicholas Green to be Admitted Pro Hac Vice by Facebook, Inc., Mark Zuckerberg. (Green, Nicholas) |
Filing 31 NOTICE of Appearance by Paven Malhotra on behalf of Facebook, Inc., Mark Zuckerberg (Malhotra, Paven) |
Set Deadlines/Hearings: Rule 26 Meeting Report due by 3/6/2020 (DeRubeis, B.) |
Filing 30 NOTICE of Appearance by Nicholas Reiss Green on behalf of Facebook, Inc., Mark Zuckerberg (Green, Nicholas) |
Filing 29 ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Judge Vanessa L. Bryant on 1/29/2020. (Shafer, J.) |
Filing 28 ORDER granting #23 Motion for Attorney Nicholas Green to Appear Pro Hac Vice. Affidavit filed at docket #24 . Certificate of Good Standing due by 3/28/2020. Signed by Clerk on 1/28/2020. (Velez, F.) |
Filing 27 ORDER granting #25 Motion for Attorney Paven Malhotra to Appear Pro Hac Vice. Affidavit filed at #26 . Certificate of Good Standing due by 3/28/2020. Signed by Clerk on 1/28/2020. (Velez, F.) Modified on 1/28/2020 to add attorney name (Velez, F.). |
Filing 26 AFFIDAVIT re #25 MOTION for Attorney(s) Paven Malhotra to be Admitted Pro Hac Vice Signed By Paven Malhotra filed by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 25 MOTION for Attorney(s) Paven Malhotra to be Admitted Pro Hac Vice by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 24 AFFIDAVIT re #23 MOTION for Attorney(s) Nicholas Green to be Admitted Pro Hac Vice Signed By Nicholas Green filed by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 23 MOTION for Attorney(s) Nicholas Green to be Admitted Pro Hac Vice by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 22 ORDER denying #15 Motion to Appear Pro Hac Vice without prejudice to refiling. The motion is denied as the attached affidavit does not comply with the requirements of D. Conn. L. Civ. R. 83.1(d)(1), which include that the affidavit state the attorney's fax number or the attorney's lack of a fax number; and, for each bar of which the attorney is or has been a member, the affidavit state the corresponding bar identification number or that no identification number has been assigned. Signed by Judge Vanessa L. Bryant on 1/23/2020. (Dannenmaier, Katherine) |
Filing 21 ORDER denying #13 Motion to Appear Pro Hac Vice without prejudice to refiling. The motion is denied as the attached affidavit does not comply with the requirements of D. Conn. L. Civ. R. 83.1(d)(1), which include that the affidavit state the attorney's fax number or the attorney's lack of a fax number; and, for each bar of which the attorney is or has been a member, the affidavit state the corresponding bar identification number or that no identification number has been assigned. Signed by Judge Vanessa L. Bryant on 1/23/2020. (Dannenmaier, Katherine) |
Filing 20 NOTICE re #17 MOTION to Dismiss. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 1/22/2020. (Shafer, J.) |
Filing 19 AFFIDAVIT re #18 Memorandum in Support of Motion, #17 MOTION to Dismiss (Declaration) Signed By Nicholas Wong filed by Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Klein, Gary) |
Filing 18 Memorandum in Support re #17 MOTION to Dismiss filed by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 17 MOTION to Dismiss by Facebook, Inc., Mark Zuckerberg.Responses due by 2/11/2020 (Klein, Gary) |
Filing 16 AFFIDAVIT re #15 MOTION for Attorney(s) Nicholas Green to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5649260) Signed By Nicholas Green filed by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 15 MOTION for Attorney(s) Nicholas Green to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5649260) by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 14 AFFIDAVIT re #13 MOTION for Attorney(s) Paven Malhotra to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5649251) Signed By Paven Malhotra filed by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 13 MOTION for Attorney(s) Paven Malhotra to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5649251) by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 12 Corporate Disclosure Statement by Facebook, Inc., Mark Zuckerberg. (Klein, Gary) |
Filing 11 NOTICE of Appearance by Gary Scott Klein on behalf of Facebook, Inc., Mark Zuckerberg (Klein, Gary) |
Filing 10 SUMMONS Returned Executed by Cameron L. Atkinson. (Pattis, Norman) |
Filing 9 SUMMONS Returned Executed by Cameron L. Atkinson. All Defendants. (Pattis, Norman) |
Filing 8 WAIVER OF SERVICE Returned Executed as to All Defendants filed by Cameron L. Atkinson. (Pattis, Norman) |
Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Facebook, Inc., Mark Zuckerberg* with answer to complaint due within *21* days. Attorney *Norman A. Pattis* *The Pattis Law Firm, LLC* *383 Orange St., First Floor* *New Haven, CT 06511*. (Velez, F.) |
Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #1 Complaint filed by Cameron L. Atkinson, #5 Order Re: Chambers Practices, #3 Electronic Filing Order, #4 Standing Protective Order. Signed by Clerk on 11/12/2019. (Velez, F.) |
Filing 5 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 11/12/2019. (Velez, F.) |
Filing 4 STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 11/12/2019. (Velez, F.) |
Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 11/12/2019. (Velez, F.) |
Filing 2 Order on Pretrial Deadlines: Amended Pleadings due by 1/11/2020; Discovery due by 5/13/2020; Dispositive Motions due by 6/17/2020. Signed by Clerk on 11/12/2019. (Velez, F.) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5538470.), filed by Cameron L. Atkinson.(Pattis, Norman) |
Request for Clerk to issue summons as to All Defendants. (Pattis, Norman) |
Judge Vanessa L. Bryant added. (Anastasio, F.) |
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