Gonzalez v. Apttus Corporation
| Yanira Gonzalez |
| Apttus Corporation and Conga, Thoma Bravo |
| 3:2021cv01844 |
| March 16, 2021 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| Filing 58 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 3/4/2022. Case STAYED. Court vacated the dispositive motion hearing date, final pretrial conference, and trial dates. Case Management Statements due by 5/13/2022. Further Case Management Conference set for 5/20/2022 02:00 PM in San Francisco, - Videoconference Only. 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/jcs General Order 58. Persons granted access to court proceedings he ld 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/. Digital Recording Time: Zoom Webinar Time: 9:32-9:42. Plaintiff Attorney: Yanira Gonzalez, pro se. Defendant Attorney: Dylan Carp. (klh, COURT STAFF) (Date Filed: 3/4/2022) |
Filing 57
Order by Chief Magistrate Judge Joseph C. Spero granting #49 Motion for Judgment on the Pleadings. Amended complaint due April 1, 2022. The case management conference set for March 4, 2022 remains on calendar at 9:30 AM Pacific Time. (jcslc2, COURT STAFF) (Filed on 3/3/2022)
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| Filing 56 CASE MANAGEMENT STATEMENT - Updated Joint filed by Apttus Corporation. (Goetz-Anderson, Jamie) (Filed on 2/25/2022) |
| Filing 55 NOTICE of Appearance by Gonzalo Morales (Morales, Gonzalo) (Filed on 2/22/2022) |
| Filing 54 REPLY (re #49 MOTION for Judgment on the Pleadings ) filed byApttus Corporation. (Goetz-Anderson, Jamie) (Filed on 2/18/2022) |
| Filing 53 OPPOSITION/RESPONSE (re #49 MOTION for Judgment on the Pleadings ) amendment to #51 , #52 filed by Yanira Gonzalez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gonzalez, Yanira) (Filed on 1/31/2022) Modified on 1/31/2022 (cv, COURT STAFF). Modified on 2/1/2022 (cv, COURT STAFF). |
| Filing 52 *** ERROR *** please see #53 OPPOSITION/RESPONSE (re #49 MOTION for Judgment on the Pleadings ) filed by Yanira Gonzalez. (Attachments: #1 Exhibit, #2 Exhibit, #(3) Exhibit)( The attachment is corrupted and cannot be open. Please re-scan or re-convert the document to PDF and confirm that it can be read (opened) before sending it again. *** Do not resend the same PDF. *** (Gonzalez, Yanira) (Filed on 1/31/2022) Modified text on 1/31/2022 (cv, COURT STAFF). Modified on 2/1/2022 (cv, COURT STAFF). |
| The attachment is corrupted and cannot be open.#Electronic filing error. Please re-file in its entirety. Exhibit 3 Re: #51 Opposition/Response to Motion filed by Yanira Gonzalez (cv, COURT STAFF) (Filed on 1/31/2022) Modified text on 1/31/2022 (cv, COURT STAFF). |
| The attachment Exhibit 3 is corrupted and cannot be open.Please re-scan or re-convert the document to PDF and confirm that it can be read (opened)before sending it again. *** Do not resend the same PDF.***#Electronic filing error. Please re-file in its entirety. Re: #52 Opposition/Response to Motion filed by Yanira Gonzalez (cv, COURT STAFF) (Filed on 1/31/2022) |
| Filing 51 *** ERROR *** please see #53 OPPOSITION/RESPONSE (re #49 MOTION for Judgment on the Pleadings ) filed byYanira Gonzalez. (Attachments: #1 Exhibit, #2 Exhibit, #3*** The attachment is corrupted and cannot be open.*** Exhibit)(Gonzalez, Yanira) (Filed on 1/30/2022) Modified on 1/31/2022 (cv, COURT STAFF). Modified on 2/1/2022 (cv, COURT STAFF). |
| Filing 50 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 1/28/2022. No case mgmt. statement needs to be filed. Further Case Management Conference set for 3/4/2022 09:30 AM in San Francisco, - Videoconference Only. 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/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court procee dings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Digital Repo rter Time: Zoom Webinar Time: 3:11-3:19 (8 M). Plaintiff Attorney: Yanira Gonzalez, pro se. Defendant Attorney: Jamie Goetz-Anderson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Date Filed: 1/28/2022) |
| Filing 49 MOTION for Judgment on the Pleadings filed by Apttus Corporation. Motion Hearing set for 3/4/2022 09:30 AM before Magistrate Judge Joseph C. Spero. Responses due by 2/11/2022. Replies due by 2/18/2022. (Attachments: #1 Proposed Order)(Goetz-Anderson, Jamie) (Filed on 1/28/2022) |
| Filing 48 CASE MANAGEMENT STATEMENT (Joint) filed by Apttus Corporation. (Goetz-Anderson, Jamie) (Filed on 1/21/2022) |
| Filing 47 CASE MANAGEMENT AND PRETRIAL ORDER (JURY). Signed by Chief Magistrate Judge Joseph C. Spero on 11/2/2021. (klh, COURT STAFF) (Filed on 11/2/2021) |
| Filing 46 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 10/29/2021. Case Management Statement due by 1/21/2022. Further Case Management Conference set for 1/28/2022 02:00 PM in San Francisco, - Videoconference Only. 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/jcs 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/.General Order 71 Disclosures: 11/22/2021 Close of Expert Discovery due by 9/15/2022. Close of Fact Discovery due by 4/29/2022. Designation of Experts due by 8/1/2022. Rebuttal Reports due by 8/15/2022. Dispositve Motion Hearing set for 6/17/2022 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar. Final Pretrial Conference set for 10/14/2022 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Jury Selection set for 10/25/2022 08:30 AM in San Francisco, - To be determined before Magistrate Judge Joseph C. Spero. Jury Trial set for 10/25/2022 through 10/27/2022 08:30 AM in San Francisco, - To be determined before Magistrate Judge Joseph C. Spero. Digital Reporter Time: Zoom Webinar Time: 2:37-2:51. Plaintiff Attorney: Yanira Gonzalez, pro se. Defendant Attorney: Jamie Goetz-Anderson. (klh, COURT STAFF) (Date Filed: 10/29/2021) |
| Filing 45 Corporate Disclosure Statement by Apttus Corporation (Goetz-Anderson, Jamie) (Filed on 10/29/2021) |
| Filing 44 Certificate of Interested Entities by Apttus Corporation (Goetz-Anderson, Jamie) (Filed on 10/29/2021) |
| Filing 43 CASE MANAGEMENT STATEMENT filed by Yanira Gonzalez. (Attachments: #1 Signature Page (Declarations/Stipulations))(Gonzalez, Yanira) (Filed on 10/21/2021) |
| Filing 42 CASE MANAGEMENT STATEMENT filed by Apttus Corporation. (Goetz-Anderson, Jamie) (Filed on 10/20/2021) |
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Filing 41
Order by Chief Magistrate Judge Joseph C. Spero granting #36 Motion to Set Aside Default, and requiring Defendant to reimburse Plaintiff's costs for service of Plaintiff's case management statement and request for entry of default. (jcslc2S, COURT STAFF) (Filed on 10/13/2021)
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| Filing 40 OPPOSITION/RESPONSE (re #36 MOTION to Set Aside Default ) filed byYanira Gonzalez. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gonzalez, Yanira) (Filed on 9/30/2021) |
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Filing 39
Order. Signed 9/28/2021 by Chief Magistrate Judge Joseph C. Spero granting #38 Motion for Pro Hac Vice - Goetz-Anderson.(klhS, COURT STAFF) (Filed on 9/28/2021)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 38 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16435581.) filed by Apttus Corporation. (Attachments: #1 Supplement Certificate of Good Standing, The Supreme Court of Ohio)(Goetz-Anderson, Jamie) (Filed on 9/27/2021) |
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Filing 37
Order by Chief Magistrate Judge Joseph C. Spero requiring parties to meet and confer regarding #36 Motion to Set Aside Default, and denying as moot #21 Motion for Substitute Service. If the parties are not able to resolve the issue, Plaintiff's opposition is due October 6, 2021 and Defendant's reply is due October 13, 2021. (jcslc2S, COURT STAFF) (Filed on 9/15/2021)
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| Filing 36 MOTION to Set Aside Default filed by Apttus Corporation. Motion Hearing set for 10/22/2021 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 9/29/2021. Replies due by 10/6/2021. (Attachments: #1 Proposed Order)(Carp, Dylan) (Filed on 9/15/2021) |
| Filing 35 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apttus Corporation.. (Carp, Dylan) (Filed on 9/15/2021) |
| Filing 34 RESPONSE to #32 Opposition & Declaration as to #28 Motion for Entry of Default by Yanira Gonzalez. (Attachments: #1 Exhibit)(Gonzalez, Yanira) (Filed on 9/14/2021) Modified on 9/15/2021 (klhS, COURT STAFF). Modified text on 9/15/2021, to conform with document posted by counsel.) (cv, COURT STAFF). |
| Filing 33 CLERK'S NOTICE Re: Consent or Declination: Defendant Apttus 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/28/2021. (klhS, COURT STAFF) (Filed on 9/14/2021)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) |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #32 Declaration in Opposition filed by Apttus Corpo ration The correct event is Opposition/Response. (klhS, COURT STAFF) (Filed on 9/14/2021) |
| Filing 32 MEMORANDUM in Opposition to #28 Motion for entry of default filed by Apttus Corporation. (Attachments: #1 Declaration of Alicia DeBonis)(Related document(s) #29 ) (Carp, Dylan) (Filed on 9/13/2021) Modified on 9/14/2021 (cv, COURT STAFF). |
| Filing 31 ANSWER to Complaint byApttus Corporation. (Carp, Dylan) (Filed on 9/13/2021) |
| Filing 30 Clerk's Notice ENTRY OF DEFAULT as to Apttus Corporation also known as Conga, Thoma Bravo. (Related documents(s) #28 )(pmcS, COURT STAFF) (Filed on 9/13/2021)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 29 CERTIFICATE OF SERVICE by Yanira Gonzalez re #28 MOTION for Entry of Default (Gonzalez, Yanira) (Filed on 9/13/2021) |
| Filing 28 MOTION for Entry of Default filed by Yanira Gonzalez. (Attachments: #1 Certificate/Proof of Service)(Gonzalez, Yanira) (Filed on 9/10/2021) |
| Filing 27 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 8/27/2021. Further Case Management Conference set for 10/29/2021 02:00 PM in San Francisco, - Videoconference Only. 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/jcs 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/. Digital Reporter: Zoom Webinar Time: 3:02-3:05. Plai ntiff Attorney: Yanira Gonzalez, pro se. Defendant Attorney: No Appearance. (klhS, COURT STAFF) (Date Filed: 8/30/2021) |
| Filing 26 CASE MANAGEMENT STATEMENT filed by Yanira Gonzalez. (Attachments: #1 Certificate/Proof of Service)(Gonzalez, Yanira) (Filed on 8/24/2021) |
| Filing 25 SUMMONS Returned Executed by Yanira Gonzalez. Apttus Corporation served on 7/26/2021, answer due 8/16/2021. (Gonzalez, Yanira) (Filed on 7/27/2021) |
| Filing 24 CERTIFICATE OF SERVICE by Yanira Gonzalez (Gonzalez, Yanira) (Filed on 7/27/2021) |
| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety. using the event "SUMMONS Returned Executed" Re: #24 Certificate of Service filed by Yanira Gonzalez (elyS, COURT STAFF) (Filed on 7/27/2021) |
| Filing 23 EXHIBITS re #22 Declaration in Support, Service of Summons Attempts filed byYanira Gonzalez. (Related document(s) #22 ) (Gonzalez, Yanira) (Filed on 7/22/2021) |
| Filing 22 Declaration of Yanira Gonzalez Service of Summons Attempts filed byYanira Gonzalez. (Attachments: #1 Declaration Page 2, #2 Declaration Page 3, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Gonzalez, Yanira) (Filed on 7/21/2021) |
| Filing 21 Motion for Order Permitting a Serving of Summons to the California of State's Office against Apttus Corporation (). Filed by Yanira Gonzalez. (Attachments: #1 Signature Page (Declarations/Stipulations), #2 Exhibit, #3 Exhibit, #4 Exhibit)(Gonzalez, Yanira) (Filed on 7/18/2021) Modified on 7/19/2021 (ecgS, COURT STAFF). Modified on 7/19/2021 (ecgS, COURT STAFF). |
| Filing 20 Summons Reissued as to Apttus Corporation. (elyS, COURT STAFF) (Filed on 7/16/2021) |
| Filing 19 Summons Returned Unexecuted by Yanira Gonzalez as to All Parties. (Gonzalez, Yanira) (Filed on 7/16/2021) |
| Filing 18 Summons Returned Unexecuted by Yanira Gonzalez as to All Parties. (Attachments: #1 Declaration, #2 Declaration)(Gonzalez, Yanira) (Filed on 7/16/2021) |
| Filing 17 Proposed Summons. (Gonzalez, Yanira) (Filed on 7/16/2021) |
| Filing 16 ** PLEASE DISREGARD- Corrected at item #17 ** AMENDED COMPLAINT against Apttus Corporation. Filed byYanira Gonzalez. (Gonzalez, Yanira) (Filed on 7/16/2021) Modified on 7/16/2021 (elyS, COURT STAFF). |
| Filing 15 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 6/25/2021. Ms. Gonzalez shall have sixty days to serve this case. Case Management Statement due by 8/20/2021. Further Case Management Conference set for 8/27/2021 02:00 PM in San Francisco, - Videoconference Only. Zoom Webinar Time: 3:24-3:30. Plaintiff Attorney: Yanira Gonzalez, pro se. Defendant Attorney: No Appearance. (klhS, COURT STAFF) (Date Filed: 6/28/2021) |
| Filing 14 CLERKS NOTICE CONTINUING INITIAL CASE MGMT CONFERENCE AND SETTING ZOOM HEARING. Initial Case Management Conference set for 6/18/2021 has been continued to 6/25/2021 02:00 PM in San Francisco, - Videoconference Only. 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/jcs p>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/. (This is a text-only entry generated by the court. There is no d ocument associated with this entry.) (klhS, COURT STAFF) (Filed on 6/17/2021)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 13 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 6/18/2021 02:00 PM in San Francisco, - Videoconference Only. 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/jcs 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 6/14/2021)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 12 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gonzalez, Yanira) (Filed on 5/26/2021) |
| Filing 11 REQUEST for ADR Phone Conference (Gonzalez, Yanira) (Filed on 5/26/2021) |
| Filing 10 Summons Issued as to Apttus Corporation. (elyS, COURT STAFF) (Filed on 4/26/2021) |
| Filing 9 PROPOSED SUMMONS by Yanira Gonzalez (Gonzalez, Yanira) (Filed on 4/26/2021) Modified on 4/26/2021 (elyS, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #9 Certificate of Service filed by Yanira Gonzalez (elyS, COURT STAFF) (Filed on 4/26/2021) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Yanira Gonzalez.. (Gonzalez, Yanira) (Filed on 3/18/2021) |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiff 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 4/1/2021. (klhS, COURT STAFF) (Filed on 3/18/2021)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 6 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 6/11/202 1. Initial Case Management Conference set for 6/18/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (elyS, COURT STAFF) (Filed on 3/17/2021)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 5 Case transferred in from District of New York Southern; Case Number 1:21-cv-01194. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of California. (sac) |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of California. A summons shall not issue from this Court. This order closes this case. Plaintiff has consented to receive electronic service. (ECF 2.) Although Plaintiff paid the filing fees for this action, the Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 3/10/2021) (sac) Transmission to Office of the Clerk of Court for processing.
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| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 3/9/2021, Receipt Number 465401275357. (sw) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/22/2021. In Forma Pauperis (IFP) Application due by 3/22/2021. (Signed by Judge Colleen McMahon on 1/19/21) (Attachments: #1 Supplement ifp) (bl)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb) |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Yanira Gonzalez consents to receive electronic service via the ECF system. Document filed by Yanira Gonzalez..(rdz) |
| Filing 1 COMPLAINT against Apttus Corporation. Document filed by Yanira Gonzalez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(rdz) |
| Case Designated ECF. (rdz) |
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