Kelley et al v. AW Distributing, Inc. et al
| Brian Kelley, J. O. and Robin Kelley |
| AW Product Sales & Marketing, Inc., Wal-Mart Stores East, LP, Kennic Ho, AW Distributing, Inc., Wal-Mart Stores East, LLC, AW & Ho (Holdings), Inc., Alice Ho, Walmart Inc. and Wal-Mart Stores, Inc. |
| Judy Schneider and Troy Olver |
| 4:2020cv06942 |
| October 5, 2020 |
| US District Court for the Northern District of California |
| Jeffrey S White |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 50
Certificate of Service filed by Brian Kelley, J.O., Robin Kelley. (DePauw, Jason) (Filed on 12/3/2020) Modified on 12/3/2020 (cjlS, COURT STAFF).
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Filing 49
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 12/1/20. Joint Case Management Statement due by 1/8/2021. Initial Case Management Conference set for 1/15/2021 11:00 AM in Oakland, - Telephonic Only.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 12/1/2020)
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Filing 48
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu 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 12/1/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 12/1/2020)
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Filing 47
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AW & Ho (Holdings), Inc., AW Distributing, Inc., AW Product Sales & Marketing, Inc., Alice Ho, Kennic Ho.. (Dieffenbach, Richard) (Filed on 12/1/2020)
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Filing 46
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 11/30/2020)
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Filing 45
AMENDED DOCUMENT by AW & Ho (Holdings), Inc.. Amendment to #44 Consent/Declination to Proceed Before a US Magistrate Judge . (Finley, Steven) (Filed on 11/30/2020)
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Filing 44
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AW & Ho (Holdings), Inc... (Finley, Steven) (Filed on 11/30/2020)
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Filing 43
SECOND CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination: Defendants 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 12/1/2020. (ig, COURT STAFF) (Filed on 11/24/2020)
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#Electronic filing error. Incorrect event used. [err101] The correct event is Joinder. The correct event can be found at: Civil Events > Other Filings > Other Documents > Joinder. Corrected by Clerk's Office. No further action is necessary. Re: #41 First MOTION for Joinder of Motion to Tranfer Venue filed by Kennic Ho, Alice Ho (jmlS, COURT STAFF) (Filed on 11/19/2020)
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Filing 42
Certificate of Interested Entities by Alice Ho, Kennic Ho identifying Other Affiliate AW Distributing, Other Affiliate AW & HO, Other Affiliate AW Product for Alice Ho, Kennic Ho. (Dieffenbach, Richard) (Filed on 11/19/2020)
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Filing 41
Notice of Joinder of Motion to Tranfer Venue filed by Alice Ho, Kennic Ho. (Dieffenbach, Richard) (Filed on 11/19/2020) Modified on 11/20/2020 (jmlS, COURT STAFF).
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Filing 40
CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference previously set for 1/6/2021 01:30 PM is vacated and rescheduled to 1/14/2021 01:00 PM to coincide with the hearing on Defendants AW Distributing, Inc. and AW Product Sales & Marketing, Inc.'s Motion to Transfer Venue in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Joint Case Management Statement shall be due by 1/7/2021. 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/dmr General Order 58. Persons granted acce ss 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/. Initial Case Management Conference and Hearing on Defendants' Motion to Transfer Venue set for 1/14/2021 01:00 P M in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. (Related documents(s) #6 and #33 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 11/16/2020)
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Filing 39
CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination: Defendants 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 11/23/2020. (ig, COURT STAFF) (Filed on 11/16/2020)
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#Electronic filing error. Incorrect event used. [err101] The correct event is Notice of Joinder. Corrected by Clerk's Office. No further action is necessary. Re: #36 MOTION for Joinder to Transfer Venue filed by Wal-Mart Stores East, LP, Wal-Mart Stores East, LLC, Walmart Inc., Wal-Mart Stores, Inc., #37 MOTION for Joinder filed by AW & Ho (Holdings), Inc. (jmlS, COURT STAFF) (Filed on 11/16/2020)
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#Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials DMR immediately after the case number. Re: #36 N otice of Joinder (jmlS, COURT STAFF) (Filed on 11/16/2020)
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#Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:20-cv-06942-DMR. Re: #37 Notice of Joinder (jmlS, COURT STAFF) (Filed on 11/16/2020)
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Filing 38
ORDER by Magistrate Judge Donna M. Ryu granting #35 Stipulation to modify briefing schedule. (ig, COURT STAFF) (Filed on 11/13/2020)
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Reset Deadlines as to #33 First MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(a): Plaintiffs' Responses due by 12/10/2020. Defendants' Replies due by 12/17/2020. (ig, COURT STAFF) (Filed on 11/13/2020)
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Filing 37
Notice of Joinder filed by AW & Ho (Holdings), Inc.. (Finley, Steven) (Filed on 11/13/2020) Modified on 11/16/2020 (jmlS, COURT STAFF).
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Filing 36
Notice of Joinder to Transfer Venue filed by Wal-Mart Stores East, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores, Inc., Walmart Inc.. (Foshee, Alyce) (Filed on 11/13/2020) Modified on 11/16/2020 (jmlS, COURT STAFF).
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Filing 35
STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule; and [Proposed] Order re #33 First MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(a) filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider, AW Distributing, Inc. and AW Product Sales & Marketing, Inc.. (Attachments: #1 Proposed Order)(Martinez, David) (Filed on 11/13/2020) Modified on 11/16/2020 (jmlS, COURT STAFF).
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Filing 34
Declaration of Richard Dieffenbach in Support of #33 First MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(a) filed byAW Distributing, Inc., AW Product Sales & Marketing, Inc.. (Related document(s) #33 ) (Dieffenbach, Richard) (Filed on 11/12/2020)
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Filing 33
First MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(a) filed by AW Distributing, Inc., AW Product Sales & Marketing, Inc.. Motion Hearing set for 1/14/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 11/27/2020. Replies due by 12/4/2020. (Dieffenbach, Richard) (Filed on 11/12/2020)
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Filing 32
AMENDED AFFIDAVIT of Service for Summons and Complaint served on ALICE HO on October 27, 2020, filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider. (Martinez, David) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF).
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Filing 31
AMENDED AFFIDAVIT of Service for Summons and Complaint served on KENNIC HO on October 27, 2020, filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider. (Martinez, David) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF).
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Filing 30
AMENDED AFFIDAVIT of Service for Summons and Complaint served on AW & HO (HOLDINGS), INC. on October 27, 2020, filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider. (Martinez, David) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF).
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Filing 29
AMENDED AFFIDAVIT of Service for Summons and Complaint served on AW PRODUCT SALES & MARKETING, INC. on October 27, 2020, filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider. (Martinez, David) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF).
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Filing 28
AMENDED AFFIDAVIT of Service for Summons and Complaint served on AW DISTRIBUTING, INC. on October 27, 2020, filed by Brian Kelley, Robin Kelley, J. O., Troy Olver, Judy Schneider. (Martinez, David) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF).
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Filing 27
Order by Magistrate Judge Donna M. Ryu granting #26 Motion to Appoint Guardians ad Litem for Plaintiff J.O. Signed on 10/28/2020.(dmrlc1, COURT STAFF) (Filed on 10/28/2020)
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Filing 26
MOTION to Appoint Guardian ad Litem for J.O.; and Consents to Act as Co-Guardians Ad Litem filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Declaration of Judy Schneider In Supoport of Ex Parte Petition for Appointment of Co-Guardians Ad Litem for J.O., #2 Declaration of Troy Olver In Supoport of Ex Parte Petition for Appointment of Co-Guardians Ad Litem for J.O., #3 Proposed Order)(Martinez, David) (Filed on 10/21/2020)
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Filing 25
AFFIDAVIT of Service for Summons and Complaint served on WAL-MART STORES EAST, LLC on October 9, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 24
AFFIDAVIT of Service for Summons and Complaint served on WAL-MART STORES EAST, LP on October 9, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 23
AFFIDAVIT of Service for Summons and Complaint served on WAL-MART STORES, INC. on October 9, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 22
AFFIDAVIT of Service for Summons and Complaint served on WALMART INC. on October 9, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 21
AFFIDAVIT of Service for Summons and Complaint served on ALICE HO on October 8, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 20
AFFIDAVIT of Service for Summons and Complaint served on KENNIC HO on October 8, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 19
AFFIDAVIT of Service for Summons and Complaint served on AW & HO (HOLDINGS), INC. on October 8, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 18
AFFIDAVIT of Service for Summons and Complaint served on AW PRODUCT SALES & MARKETING, INC. on October 8, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 17
AFFIDAVIT of Service for Summons and Complaint served on AW DISTRIBUTING, INC. on October 8, 2020, filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Martinez, David) (Filed on 10/20/2020)
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Filing 16
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Kelley, Robin Kelley, J. O., Judy Schneider.. (Martinez, David) (Filed on 10/20/2020)
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Filing 15
ORDER by Magistrate Judge Donna M. Ryu granting #14 Tara D. Sutton's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 10/20/2020)
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Filing 14
MOTION for leave to appear in Pro Hac Vice of Tara D. Sutton; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15082068.) filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Certificate of Good Standing)(Sutton, Tara) (Filed on 10/19/2020)
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Filing 13
ORDER by Magistrate Judge Donna M. Ryu granting #12 Rashanda C. Bruce's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 10/15/2020)
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Filing 12
MOTION for leave to appear in Pro Hac Vice of Rashanda C. Bruce; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15034681.) Filing fee previously paid on 10/07/2020 filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Certificate of Good Standing)(Bruce, Rashanda) (Filed on 10/15/2020)
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Filing 11
ORDER by Magistrate Judge Donna M. Ryu granting #8 Jason DePauw's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 10/8/2020)
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Filing 10
ORDER by Magistrate Judge Donna M. Ryu granting #7 Philip Sieff's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 10/8/2020)
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#Electronic filing error. Please review Local rule 11-3. The certificate of good standing is outdated. Please re-file with a corrected certificate of good standing in its entirety . Re: #9 MOTION for leave to appear in Pro Hac Vice of Rashanda C. Bruce; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15034681.) filed by J. O., Judy Schneider, Brian Kelley, Robin Kelley (jmlS, COURT STAFF) (Filed on 10/8/2020)
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Filing 9
MOTION for leave to appear in Pro Hac Vice of Rashanda C. Bruce; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15034681.) filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Certificate of Good Standing)(Bruce, Rashanda) (Filed on 10/7/2020)
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Filing 8
MOTION for leave to appear in Pro Hac Vice of Jason DePauw; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15034631.) filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Certificate of Good Standing)(DePauw, Jason) (Filed on 10/7/2020)
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Filing 7
MOTION for leave to appear in Pro Hac Vice of Philip Sieff; [Proposed] Order ( Filing fee $ 310, receipt number 0971-15034506.) filed by Brian Kelley, Robin Kelley, J. O., Judy Schneider. (Attachments: #1 Certificate of Good Standing)(Sieff, Philip) (Filed on 10/7/2020)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/30/2020. Initial Case Management Conference set for 1/6/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 10/6/2020)
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Filing 5
Summons Issued as to AW & Ho (Holdings), Inc., AW Distributing, Inc., AW Product Sales & Marketing, Inc., Alice Ho, Kennic Ho, Wal-Mart Stores East, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores, Inc., Walmart Inc.. (jmlS, COURT STAFF) (Filed on 10/6/2020)
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Filing 4
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 10/20/2020. (jmlS, COURT STAFF) (Filed on 10/6/2020)
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Filing 3
Certificate of Interested Entities by Brian Kelley, Robin Kelley, J. O., Judy Schneider (Martinez, David) (Filed on 10/5/2020)
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Filing 2
Proposed Summons. (Martinez, David) (Filed on 10/5/2020)
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Filing 1
COMPLAINT with jury demand against All Defendants ( Filing fee $ 400, receipt number 0971-15025987.). Filed by J. O., Robin Kelley, Brian Kelley, Judy Schneider. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Martinez, David) (Filed on 10/5/2020) Modified on 10/6/2020 (jmlS, COURT STAFF).
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