Kagel v. Raftery et al
Plaintiff: Peter Kagel
Defendant: Jason W Mauck, Cowdrey, Melissa T Daugherty, Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Vogl Meredith Burke LLP, Thomas E Beach, Edwin F Shryock, Lewis Brisbois Bisgaard & Smith LLP Beach, Jay L Raftery, Jenkins, LLP, Lewis Brisbois Bisgaard & Smith LLP, Edwin Forrest Shryock Jr., Beach, Cowdrey, Jenkins, LLP., Jason William Mauck, Ericksen, Arbuthnot, Kilduff, Day & Lindstrom Inc., Jay Laurence Raftery and Thomas Edwin Beach
Case Number: 3:2020cv05809
Filed: August 17, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Referring Judge: Kandis A Westmore
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Filing 28 CLERK'S NOTICE vacating 10/15/2020 Motion Hearing. The Court will issue a written ruling based on the motion and responsive briefs from the parties. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/13/2020)
October 2, 2020 Filing 27 Declaration of PETER KAGEL'S SECOND DECLARATION IN SUPPORT OF MOTION TO ENLARGE TIME FOR THE HEARING ON LEWIS BRISBOIS BISGAARD & SMITH LLP AND MELISSA T. DAUGHERTY'S MOTION TO DISMISS COMPLAINT PURSUANT TO (1) FRCP 12(b)(1) and 28 USC 1331: and (2) frpc 12(b)(1) FROM OCTOBER 15, 2020 AT 1:30 P.M. TO NOVEMBER 19, 2020 AT 1:30 P.M. filed byPeter Kagel. (Attachments: #1 Declaration)(Kagel, Peter) (Filed on 10/2/2020)
October 1, 2020 Filing 26 OPPOSITION/RESPONSE (re #18 MOTION for Leave to File ) filed byMelissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP. (Abraham, Stephen) (Filed on 10/1/2020)
October 1, 2020 Filing 25 OPPOSITION/RESPONSE (re #22 MOTION for Hearing ) filed byMelissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP. (Abraham, Stephen) (Filed on 10/1/2020)
October 1, 2020 Filing 24 AFFIDAVIT in Support filed byPeter Kagel. (Attachments: #1 Declaration)(Kagel, Peter) (Filed on 10/1/2020)
October 1, 2020 #Electronic filing error. Duplicate entry. Affidavit refiling of Motion[err103]This filing will not be processed by the clerks office. Re: #24 Affidavit in Support of Motion file d by Peter Kagel (msrS, COURT STAFF) (Filed on 10/1/2020)
September 30, 2020 Filing 23 Proposed Order by Peter Kagel. (Kagel, Peter) (Filed on 9/30/2020)
September 30, 2020 Filing 22 MOTION for Hearing filed by Peter Kagel. (Attachments: #1 Declaration)(Kagel, Peter) (Filed on 9/30/2020)
September 29, 2020 #Electronic filing error. Incorrect event used. [err101]Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #18 MOTION for Leave to File filed by Peter Kagel, #19 Affidavit in Opposition to Motion filed by Peter Kagel (msrS, COURT STAFF) (Filed on 9/29/2020)
September 25, 2020 Filing 21 REPLY (re #11 MOTION to Dismiss for Lack of Jurisdiction ) filed byMelissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP. (Abraham, Stephen) (Filed on 9/25/2020)
September 24, 2020 Filing 20 MOTION to Amend/Correct filed by Peter Kagel. Motion Hearing set for 10/15/2020 01:30 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. Responses due by 10/8/2020. Replies due by 10/15/2020. (Kagel, Peter) (Filed on 9/24/2020)
September 23, 2020 Filing 19 OPPOSITION IN RESPONSE re #11 MOTION to Dismiss for Lack of Jurisdiction filed byPeter Kagel. (Related document(s) #11 ) (Kagel, Peter) (Filed on 9/23/2020) Modified on 9/29/2020 (msrS, COURT STAFF).
September 23, 2020 Filing 18 MOTION TO AMEND First Amended Complaint filed byPeter Kagel. (Attachments: #1 Affidavit)(Kagel, Peter) (Filed on 9/23/2020) Modified on 9/29/2020 (msrS, COURT STAFF).
September 23, 2020 Filing 17 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss for Lack of Jurisdiction ) filed byPeter Kagel. (Kagel, Peter) (Filed on 9/23/2020)
September 23, 2020 Erroneous Entry--Please Ignore--See Below for Correct Document OPPOSITION/RESPONSE (re #11 MOTION to Dismiss for Lack of Jurisdiction ) filed byPeter Kagel. (Kagel, Peter) (Filed on 9/23/2020) Modified on 9/23/2020 (msrS, COURT STAFF).
September 10, 2020 Filing 16 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria'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. Case Management Statement due by 11/10/2020. Initial Case Management Conference set for 11/17/2020, 02:00 PM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, November 12, 2020, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Sta tement due by 11/10/2020. Initial Case Management Conference set for 11/17/2020, 02:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 9/10/2020)
September 10, 2020 Filing 15 Renotice motion hearing re #11 MOTION to Dismiss for Lack of Jurisdiction filed byMelissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP. (Related document(s) #11 ) (Abraham, Stephen) (Filed on 9/10/2020)
September 10, 2020 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on 9/10/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/10/2020)
September 10, 2020 Filing 13 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. (dtmS, COURT STAFF) (Filed on 9/10/2020)
September 10, 2020 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Melissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP.. (Abraham, Stephen) (Filed on 9/10/2020)
September 10, 2020 Filing 11 MOTION to Dismiss for Lack of Jurisdiction filed by Melissa T Daugherty, Lewis Brisbois Bisgaard & Smith LLP. Motion Hearing set for 10/15/2020 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 9/24/2020. Replies due by 10/1/2020. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order)(Abraham, Stephen) (Filed on 9/10/2020)
September 10, 2020 Set/Reset Deadlines as to #11 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 10/15/2020 10:00 AM, before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 9/10/2020)
September 1, 2020 Filing 10 Summons Issued as to Thomas Edwin Beach, Beach, Cowdrey, Jenkins, LLP., Cowdrey, Melissa T Daugherty, Ericksen, Arbuthnot, Kilduff, Day & Lindstrom Inc., Jenkins, LLP, Lewis Brisbois Bisgaard & Smith LLP, Jason William Mauck, Jay Laurence Raftery, Edwin Forrest Shryock Jr., Vogl Meredith Burke LLP. (bnsS, COURT STAFF) (Filed on 9/1/2020)
August 31, 2020 Filing 9 Proposed Summons. (Attachments: #1 Summons)(Kagel, Peter) (Filed on 8/31/2020)
August 31, 2020 Defendants names on the summons do not match the Docket and Amended Complaint. Unable to process.#Electronic filing error. Re: #8 Proposed Summons filed by Peter Kagel (a njS, COURT STAFF) (Filed on 8/31/2020)
August 30, 2020 Filing 8 Proposed Summons. (Attachments: #1 Summons)(Kagel, Peter) (Filed on 8/30/2020)
August 28, 2020 Filing 7 Proposed Summons. (anjS, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Filing 6 Proposed Summons. (anjS, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Names do not match the docket. Unable to issue.#Electronic filing error. Re: #6 Proposed Summons filed by Peter Kagel (anjS, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Names do not match the Docket and Amended Complaint. Unable to process. #Electronic filing error. Re: #7 Proposed Summons filed by Peter Kagel (anjS, COURT STAFF) (Filed on 8/28/2020)
August 25, 2020 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Peter Kagel.. (Kagel, Peter) (Filed on 8/25/2020)
August 21, 2020 Filing 5 AMENDED COMPLAINT against Thomas Edwin Beach, Cowdrey, Melissa T. Daugherty, Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Jenkins, LLP, Lewis Brisbois Bisgaard & Smith LLP Beach, Jason William Mauck, Jay Laurence Raftery, Edwin Forrest Shryock Jr., Vogl Meredith Burke LLP. Filed byPeter Kagel. (Attachments: #1 Cover Letter)(anjS, COURT STAFF) (Filed on 8/21/2020) Modified on 8/26/2020 (anjS, COURT STAFF).

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Defendant: Jason W Mauck
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Defendant: Cowdrey
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Defendant: Melissa T Daugherty
Represented By: Stephen Edward Abraham
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Defendant: Ericksen, Arbuthnot, Kilduff, Day & Lindstrom
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Defendant: Vogl Meredith Burke LLP
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Defendant: Thomas E Beach
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Defendant: Edwin F Shryock
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Defendant: Lewis Brisbois Bisgaard & Smith LLP Beach
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Defendant: Jay L Raftery
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Defendant: Jenkins, LLP
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Defendant: Lewis Brisbois Bisgaard & Smith LLP
Represented By: Stephen Edward Abraham
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Defendant: Edwin Forrest Shryock Jr.
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Defendant: Beach, Cowdrey, Jenkins, LLP.
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Defendant: Jason William Mauck
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Defendant: Ericksen, Arbuthnot, Kilduff, Day & Lindstrom Inc.
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Defendant: Jay Laurence Raftery
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Defendant: Thomas Edwin Beach
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Plaintiff: Peter Kagel
Represented By: Peter Kagel
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