Peak v. Tigergraph, Inc. et al
Plaintiff: Brendon Peak
Defendant: TigerGraph, Inc., Yu Xu, Todd Blashka and GraphSQL, Inc. doing business as TigerGraph
Case Number: 3:2021cv02603
Filed: April 9, 2021
Court: US District Court for the Northern District of California
Office: San Francisco Office
Presiding Judge: Laurel Beeler
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2021 Opinion or Order Filing 34 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 7/8/2021 is reset to 7/29/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/22/2021. 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 /lb 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. Ther e is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/26/2021)
May 26, 2021 Opinion or Order Filing 33 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/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 6/9/2021. (ejkS, COURT STAFF) (Filed on 5/26/2021)
May 7, 2021 Opinion or Order Filing 32 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 7/8/2021 at 11:00 AM is reset to 9:30 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/lb General Order 58. Perso ns 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. ) (ejkS, COURT STAFF) (Filed on 5/7/2021)
April 9, 2021 Opinion or Order Filing 31 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 4/9/2021)
April 9, 2021 Opinion or Order Filing 30 CASE TRANSFERRED in from United States District Court for the District of Massachusetts (Boston); Case Number 1:20-cv-11496-IT. Original File Certified Copy of Transfer Order and Docket Sheet Received.
April 9, 2021 Opinion or Order Filing 29 Case transferred to the Northern District of California. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (Kelly, Danielle)
April 9, 2021 Opinion or Order Filing 28 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Defendants' Motion to Transfer Venue #14 is ALLOWED, and the matter is transferred to the Northern District of California pursuant to 28 U.S.C. § 1404(a). Please see attached. (Kelly, Danielle)
November 3, 2020 Opinion or Order Filing 27 Letter/request (non-motion) from Sol J. Cohen, Plaintiff's counsel . (Cohen, Sol)
November 3, 2020 Opinion or Order Filing 26 Letter/request (non-motion) from John F. Welsh . (Attachments: #1 Order Setting Case Management Conference)(Welsh, John)
November 2, 2020 Opinion or Order Filing 25 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 11/2/2020. Case called. Court had colloquy with counsel. Parties to jointly report to clerk any request for ADR. Scheduling order to issue upon resolution of #14 Motion to Transfer case. Motion for Leave to File #24 DENIED. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Sol J. Cohen, Kenneth M. Bello, John F. Welsh) (MacDonald, Gail)
October 30, 2020 Opinion or Order Filing 24 MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS THE COMPLAINT IN ITS ENTIRETY by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A)(Welsh, John)
October 29, 2020 Opinion or Order Filing 23 MEMORANDUM in Opposition re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Brendon Peak. (Attachments: #1 Affidavit of Brendon Peak, #2 Affidavit of Sol J. Cohen, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5)(Cohen, Sol)
October 29, 2020 Opinion or Order Filing 22 Opposition re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Brendon Peak. (Cohen, Sol)
October 26, 2020 Opinion or Order Filing 21 NOTICE Resetting a Hearing. Scheduling Conference set for 10/26/2020 is RESET for 11/2/2020 03:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail)
October 23, 2020 Opinion or Order Filing 20 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #19 Motion for Extension of Time to File Response/Reply re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. Responses due by 10/29/2020. (Kelly, Danielle)
October 22, 2020 Opinion or Order Filing 19 MOTION for Extension of Time to 10/29/2020 to File Response/Reply as to #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. by Brendon Peak. (Attachments: #1 Exhibit Decision-CA Court)(Cohen, Sol) Modified on 10/23/2020: Corrected docket text to reflect correct extension date (Kelly, Danielle).
October 20, 2020 Opinion or Order Filing 18 CERTIFICATION pursuant to Local Rule 16.1 . (Welsh, John)
October 20, 2020 Opinion or Order Filing 17 CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff. (Cohen, Sol)
October 19, 2020 Opinion or Order Filing 16 JOINT STATEMENT re scheduling conference . (Bello, Kenneth)
October 8, 2020 Opinion or Order Filing 15 MEMORANDUM in Support re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit 1)(Bello, Kenneth)
October 8, 2020 Opinion or Order Filing 14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bello, Kenneth)
September 29, 2020 Opinion or Order Filing 13 NOTICE of Scheduling Conference. Telephonic Scheduling Conference set for 10/26/2020 02:15 PM before Judge Indira Talwani. (Teleconference #: (888)-808-6929 access code: 8523158) (MacDonald, Gail)
September 28, 2020 Opinion or Order Filing 12 Judge Indira Talwani: ELECTRONIC ORDER: DENYING without prejudice Defendants' Motion to Stay #7 and DENYING Defendants' Motion for Leave to File Reply #11 . Defendants assert that the action should be stayed "to manage judicial resources efficiently and in a manner to avoid inconsistent judgments." Mem. #8 at 5. But the motion to stay is premature, where no judicial action is needed at this time, and instead, the motion serves only to avoid Defendants' own obligation to timely respond to Plaintiff Brendon Peak's Complaint #1 . Therefore, Defendants shall promptly serve their responsive pleading, as required by Fed. R. Civ. P. 12. Defendants are not precluded from renewing their motion to stay after filing a responsive pleading. Before filing any such motion to stay (as with all motions in this session), counsel shall confer in accordance with Local Rule 7.1. (Kelly, Danielle)
September 25, 2020 Opinion or Order Filing 11 MOTION for Leave to File Reply in Support of Motion to Stay Proceeding by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A)(Welsh, John)
September 17, 2020 Opinion or Order Filing 10 MEMORANDUM in Opposition re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Brendon Peak. (Cohen, Sol)
September 17, 2020 Opinion or Order Filing 9 Opposition re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Brendon Peak. (Attachments: #1 Affidavit)(Cohen, Sol)
September 3, 2020 Opinion or Order Filing 8 MEMORANDUM in Support re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Bello, Kenneth)
September 3, 2020 Opinion or Order Filing 7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bello, Kenneth)
August 28, 2020 Opinion or Order Filing 6 NOTICE of Appearance by John F. Welsh, III on behalf of Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu (Welsh, John)
August 28, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Kenneth M. Bello on behalf of Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu (Bello, Kenneth)
August 10, 2020 Opinion or Order Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley)
August 10, 2020 Opinion or Order Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary)
August 8, 2020 Opinion or Order Filing 2 Civil Cover Sheet & Category Sheet re #1 Complaint by Brendon Peak. (Attachments: #1 Civil Cover Sheet Category sheet)(Cohen, Sol)
August 8, 2020 Opinion or Order Filing 1 COMPLAINT AND JURY CLAIM against All Defendants (Filing Fee: $400.00, receipt number 0101-8365215) (Fee Status: Filing Fee paid), filed by Brendon Peak.(Cohen, Sol)

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Defendant: TigerGraph, Inc.
Represented By: Kenneth M. Bello
Represented By: John F. Welsh, III
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Defendant: Yu Xu
Represented By: Kenneth M. Bello
Represented By: John F. Welsh, III
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Defendant: Todd Blashka
Represented By: Kenneth M. Bello
Represented By: John F. Welsh, III
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Defendant: GraphSQL, Inc. doing business as TigerGraph
Represented By: Kenneth M. Bello
Represented By: John F. Welsh, III
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Plaintiff: Brendon Peak
Represented By: Sol J Cohen
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