Flatten et al v. Smith et al
| Ezekial Flatten, William Knight, Chris Gurr and Ann Marie Borges |
| Bruce Smith and Steve White |
| 3:2021cv07031 |
| September 10, 2021 |
| US District Court for the Northern District of California |
| Susan Illston |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 CLERK'S NOTICE SETTING ZOOM HEARING & REGISTRATION: Motion to Dismiss #26 #29 , Motion to Strike #28 Hearings set for 11/19/2021 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.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 sicrd@cand.uscourts.gov no later than 11/10/21 at 2 pm Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si 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/. Motion Hearing set for 11/19/202 1 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 11/8/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 40 Reply In Support of #26 Motion to Dismiss and Motion to Strike filed by Bruce Smith. (Attachments: #1 Reply Brief ISO Motion to Strike Portions of the Complaint, #2 Opposition to Plfs Request for Judicial Notice ISO Plfs Opp to Defs Mtn to Dismiss, #3 Request for Judicial Notice)(Graham, Pamela) (Filed on 10/29/2021) Modified on 11/1/2021 (cjl, COURT STAFF). |
| Filing 39 Defendant Steve Whites Opposition to #29 Plaintiffs Request for Judicial Notice filed by Steve White. (Related document(s) #29 ) (Speer, Kymberly) (Filed on 10/29/2021) Modified on 11/1/2021 (cjl, COURT STAFF). |
| Filing 38 Reply Brief Supporting #16 and #28 Motion to Strike by Defendant Steve White filed by Steve White. (Speer, Kymberly) (Filed on 10/29/2021) Modified on 11/1/2021 (cjl, COURT STAFF). |
| Filing 37 Reply Brief Supporting #29 Motion to Dismiss by Defendant Steve White filed by Steve White. (Speer, Kymberly) (Filed on 10/29/2021) Modified on 11/1/2021 (cjl, COURT STAFF). |
Filing 36
Order by Judge Susan Illston granting #34 Administrative Motion to File an Opposition Brief in Excess of 25-Pages.(ec, COURT STAFF) (Filed on 10/28/2021)
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| Filing 35 Plaintiffs' Memorandum of Points and Authorities in Opposition to #16 Defendant Steve White's Motion to Strike and #18 Defendant Bruce Smith's Motion to Strike filed by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight. (Scott, John) (Filed on 10/15/2021) Modified on 10/18/2021 (cjlS, COURT STAFF). |
| Filing 34 Plaintiffs' Administrative Motion to File an Opposition Brief in Excess of 25-Pages filed by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight. Responses due by 10/19/2021. (Attachments: #1 Declaration of John Houston Scott, #2 Proposed Order)(Scott, John) (Filed on 10/15/2021) Modified on 10/18/2021 (cjlS, COURT STAFF). |
| Filing 33 Request for Judicial Notice re #32 Plaintiffs' Memorandum of Points and Authorities in Opposition to #17 Defendant Steve White's Motion to Dismiss and #18 Defendant Bruce Smith's Motion to Dismiss filed by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight. (Related document(s) #32 ) (Scott, John) (Filed on 10/15/2021) Modified on 10/18/2021 (cjlS, COURT STAFF). |
| Filing 32 Plaintiffs' Memorandum of Points and Authorities in Opposition to #17 Defendant Steve White's Motion to Dismiss and #18 Defendant Bruce Smith's Motion to Dismiss filed by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight. (Scott, John) (Filed on 10/15/2021) Modified on 10/18/2021 (cjlS, COURT STAFF). |
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Filing 31
Order by Judge Susan Illston granting #30 Stipulation.Oppositions to Motions to Dismiss and Strike #26 #28 #29 due by 10/15/2021. Replies due by 10/29/2021. (ecS, COURT STAFF) (Filed on 9/29/2021)
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| Filing 30 Stipulation and [Proposed] Order for an Extension of Time for Plaintiffs to Respond to Defendants Bruce Smith's and Steve White's Motions to Dismiss and Motions to Strike filed by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight, Bruce Smith, Steve White. (Scott, John) (Filed on 9/28/2021) Modified on 9/29/2021 (cjlS, COURT STAFF). |
| Filing 29 MOTION to Dismiss Re-Notice of Motion to Dismiss by Defendant Steve White filed by Steve White. Motion Hearing set for 11/19/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/1/2021. Replies due by 10/8/2021. (Speer, Kymberly) (Filed on 9/24/2021) |
| Filing 28 MOTION to Strike #16 MOTION to Strike by Defendant Steve White Re-Notice of Motion to Strike by Defendant Steve White filed by Steve White. Motion Hearing set for 11/19/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/1/2021. Replies due by 10/8/2021. (Speer, Kymberly) (Filed on 9/24/2021) |
| Filing 27 Case reassigned to Judge Susan Illston. Judge Jeffrey S. White no longer assigned to the 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. (haS, COURT STAFF) (Filed on 9/24/2021) |
| Filing 26 MOTION to Dismiss Re-Notice of Motion to Dismiss filed by Bruce Smith. Motion Hearing set for 11/19/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/8/2021. Replies due by 10/15/2021. (Graham, Pamela) (Filed on 9/24/2021) |
| Filing 25 CLERK'S NOTICE ON REASSIGNMENT. For a copy of Judge Illston'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 date on a Friday at 10:00 AM. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 9/23/2021) |
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Filing 24
Order by Judge Susan Illston granting (74) Administrative Motion Relating Cases in case 3:20-cv-04537-SI.Associated Cases: 3:20-cv-04537-SI, 4:21-cv-07031-JSW(ecS, COURT STAFF) (Filed on 9/23/2021)
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Filing 23
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 Robert M. Illman 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 9/23/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/23/2021)
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| Filing 22 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. (glmS, COURT STAFF) (Filed on 9/22/2021) |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steve White.. (Speer, Kymberly) (Filed on 9/21/2021) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bruce Smith.. (Graham, Pamela) (Filed on 9/20/2021) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ann Marie Borges, Ezekial Flatten, Chris Gurr, William Knight.. (Scott, John) (Filed on 9/20/2021) |
| Filing 18 MOTION to Dismiss Complaint filed by Bruce Smith. Motion Hearing set for 11/2/2021 11:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Responses due by 10/1/2021. Replies due by 10/8/2021. (Attachments: #1 Declaration of John A. Abaci ISO Motion to Dismiss Complaint, #2 Request for Judicial Notice, #3 Proposed Order Granting Motion to Dismiss)(Graham, Pamela) (Filed on 9/17/2021) |
| Filing 17 MOTION to Dismiss by Defendant Steve White filed by Steve White. Motion Hearing set for 11/2/2021 11:00 AM before Magistrate Judge Robert M. Illman. Responses due by 10/1/2021. Replies due by 10/8/2021. (Speer, Kymberly) (Filed on 9/17/2021) |
| Filing 16 MOTION to Strike by Defendant Steve White filed by Steve White. Motion Hearing set for 11/2/2021 11:00 AM before Magistrate Judge Robert M. Illman. Responses due by 10/1/2021. Replies due by 10/8/2021. (Speer, Kymberly) (Filed on 9/17/2021) |
| Filing 15 NOTICE of Appearance by Abigail Anne Mendez (Mendez, Abigail) (Filed on 9/15/2021) |
| Filing 14 NOTICE of Appearance by John Allan Abaci (Abaci, John) (Filed on 9/15/2021) |
| Filing 13 NOTICE of Appearance by Michael George Colantuono (Colantuono, Michael) (Filed on 9/15/2021) |
| Filing 12 NOTICE of Appearance by Pamela Kentos Graham (Graham, Pamela) (Filed on 9/15/2021) |
| #Electronic filing error. Document filed in wrong case. [err401] Please refer to Local Rule 3-12(b). This filing will not be processed by the clerks office.Re: #11 Joint ADMINIS TRATIVE MOTION to Consider Whether Two Cases Should be Related filed by Bruce Smith. (cjlS, COURT STAFF) (Filed on 9/15/2021) |
| #Electronic filing error. Attorney must update ECF profile with current contact information. [err102] Re: #7 - #10 Notice of Appearance filed by Bruce Smith. (cjlS, COURT S TAFF) (Filed on 9/15/2021) |
| Filing 11 Joint ADMINISTRATIVE MOTION to Consider Whether Two Cases Should be Related filed by Bruce Smith. Responses due by 9/21/2021. (Graham, Pamela) (Filed on 9/14/2021) Modified on 9/15/2021 (cjlS, COURT STAFF). |
| Filing 10 NOTICE of Appearance by John Allan Abaci (Abaci, John) (Filed on 9/14/2021) |
| Filing 9 NOTICE of Appearance by Abigail Anne Mendez (Mendez, Abigail) (Filed on 9/14/2021) |
| Filing 8 NOTICE of Appearance by Michael George Colantuono (Colantuono, Michael) (Filed on 9/14/2021) |
| Filing 7 NOTICE of Appearance by Pamela Kentos Graham (Graham, Pamela) (Filed on 9/14/2021) |
| Filing 6 NOTICE of Appearance by Kymberly Elizabeth Speer (Speer, Kymberly) (Filed on 9/13/2021) |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Illman for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Signed by the Clerk on 9/13/2021. (anjS, COURT STAFF) (Filed on 9/13/2021)
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| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/3/2021. Initial Case Management Conference set for 12/10/2021 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cjlS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 3 Case assigned to Magistrate Judge Alex G. Tse. 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 9/27/2021. (anjS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 2 FEE PAID (Filing fee$402,receipt number 0971-16378563). (Graham, Pamela) (Filed on 9/10/2021) |
| Filing 1 NOTICE OF REMOVAL (with jury demand by plaintiff) from Mendocino County Superior Court. Their case number is 21CV00588. Filed by Bruce Smith. (Attachments: #1 Civil Cover Sheet)(Graham, Pamela) (Filed on 9/10/2021) Modified on 9/13/2021 (cjlS, COURT STAFF). |
| #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701]This filing will not be processed by the clerks office until the fee is paid. Re: #1 Notice of Removal filed by Bruce Smith (anjS, COURT STAFF) (Filed on 9/10/2021) |
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