Nacarino et al v. Kashi Company
| Elena Nacarino and Megan Taylor |
| Kashi Company |
| 3:2021cv07036 |
| September 10, 2021 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Jacqueline Scott Corley |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 USCA Case Number 22-15377 9th Circuit for #45 Notice of Appeal to the Ninth Circuit, filed by Elena Nacarino, Megan Taylor. (far, COURT STAFF) (Filed on 3/15/2022) |
| Filing 45 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Elena Nacarino, Megan Taylor. (Appeal fee of $505 receipt number ACANDC-16987491 paid.) (Attachments: #1 Exhibit A, #2 Declaration of Kali Backer)(Backer, Kali) (Filed on 3/14/2022) |
| Filing 44 JUDGMENT. Signed by Judge Vince Chhabria on 2/10/2022. (vclc3, COURT STAFF) (Filed on 2/10/2022) |
Filing 43
ORDER by Judge Vince Chhabria granting #21 Motion to Dismiss; #41 Administrative Motion for Leave to file notice of supplemental authority. (vclc3, COURT STAFF) (Filed on 2/9/2022)
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| Filing 42 OPPOSITION/RESPONSE (re #41 ADMINISTRATIVE MOTION for Leave to File Notice of Supplemental Authority ) filed byElena Nacarino, Megan Taylor. (Backer, Kali) (Filed on 1/14/2022) |
| Filing 41 ADMINISTRATIVE MOTION for Leave to File Notice of Supplemental Authority filed by Kashi Company. Responses due by 1/18/2022. (Attachments: #1 Notice of Supplemental Authority, #2 Exhibit A to Notice of Supplemental Authority)(Panos, Dean) (Filed on 1/13/2022) |
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Filing 40
ORDER re: CMC. Signed by Judge Vince Chhabria on 12/31/2021. (vclc3, COURT STAFF) (Filed on 12/31/2021)
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| Filing 39 JOINT CASE MANAGEMENT STATEMENT filed by Elena Nacarino, Megan Taylor. (Backer, Kali) (Filed on 12/29/2021) |
| Filing 38 Transcript of Proceedings held on 12/16/2021, before Judge Vince Chhabria. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #36 Transcript Order ) Redaction Request due 1/13/2022. Redacted Transcript Deadline set for 1/24/2022. Release of Transcript Restriction set for 3/23/2022. (Related documents(s) #36 ) (Columbini, Joan) (Filed on 12/23/2021) |
| Filing 37 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL FOR 1/5/2022 INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 1/5/2022 at 01:00 PM by 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/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 Wednesday, December 29th, 2021, by no later than 10:00AM.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.us courts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/20/2021) |
| Filing 36 TRANSCRIPT ORDER for proceedings held on 12/16/2021 before Judge Vince Chhabria by Kashi Company, for Court Reporter FTR - San Francisco. (Smith, Alexander) (Filed on 12/16/2021) |
| Filing 35 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 12/16/2021 re #21 MOTION to Dismiss filed by Kashi Company. Oral arguments made and heard. Court to issue written ruling. Total Time in Court: 54 minutes. Court Reporter: Hearing recorded via Zoom: 11:03 - 11:57. Plaintiff Attorney: Matthew McCrary. Defendant Attorney: Alexander Smith, Dean Panos. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 12/16/2021) Modified on 12/16/2021: Matter transcribed by Joan Columbini. (rjd, COURT STAFF). |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Smith, Alexander) (Filed on 12/15/2021) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Backer, Kali) (Filed on 12/15/2021) |
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Backer, Kali) (Filed on 12/15/2021) |
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Filing 31
Order by Judge Vince Chhabria granting #30 Motion for Pro Hac Vice - McCrary.(bxs, COURT STAFF) (Filed on 12/9/2021)
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| Filing 30 MOTION for leave to appear in Pro Hac Vice Matthew McCrary ( Filing fee $ 317, receipt number ACANDC-16705667.) filed by Megan Taylor. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(McCrary, Matthew) (Filed on 12/9/2021) |
| Filing 29 REPLY (re #21 MOTION to Dismiss ; Memorandum of Points & Authorities ) / Reply in Support of Motion to Dismiss filed byKashi Company. (Panos, Dean) (Filed on 12/2/2021) |
| Filing 28 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss ; Memorandum of Points & Authorities ) filed byElena Nacarino, Megan Taylor. (Backer, Kali) (Filed on 11/19/2021) |
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Filing 27
Order by Judge Vince Chhabria granting #23 Stipulation to Continue CMC AS MODIFIED. Case Management Statement due by 12/29/2021. Initial Case Management Conference set for 1/5/2022 01:00 PM via Zoom. (vclc3, COURT STAFF) (Filed on 11/17/2021)
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Filing 26
Order by Judge Vince Chhabria granting #25 Motion for Pro Hac Vice - Backer. (bxs, COURT STAFF) (Filed on 11/16/2021)
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| Filing 25 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16628726.) filed by Elena Nacarino, Megan Taylor. (Attachments: #1 Certificate of Good Standing)(Backer, Kali) (Filed on 11/15/2021) |
| Filing 24 Certificate of Interested Entities by Elena Nacarino, Megan Taylor (Safier, Seth) (Filed on 11/15/2021) |
| Filing 23 STIPULATION WITH PROPOSED ORDER / Stipulation and Proposed Order to Continue Case Management Conference filed by Kashi Company. (Panos, Dean) (Filed on 11/12/2021) |
| Filing 22 Request for Judicial Notice re #21 MOTION to Dismiss ; Memorandum of Points & Authorities filed byKashi Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Declaration of Alexander M. Smith, #9 Declaration of Ricardo Carvajal, #10 Declaration of Andrew Do)(Related document(s) #21 ) (Panos, Dean) (Filed on 11/3/2021) |
| Filing 21 MOTION to Dismiss ; Memorandum of Points & Authorities filed by Kashi Company. Motion Hearing set for 12/16/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Vince Chhabria. Responses due by 11/19/2021. Replies due by 12/2/2021. (Panos, Dean) (Filed on 11/3/2021) |
| Filing 20 CLERK'S NOTICE ADVANCING TIME FOR INITIAL CASE MANAGEMENT CONFERENCE SET FOR 12/8/2021, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. The Court's normal day and time for hearing Case Management Conferences will now be Wednesdays, at 1:00 p.m., until further notice. Case Management Statement due by 12/1/2021. Initial Case Management Conference set for 12/8/2021 at 01:00 PM by 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/vc Court Appearances: Advanced not ice 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 Friday, December 3rd, 2021, by no later than 10:00AM.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.) (bxsS, COURT STAFF) (Filed on 10/22/2021) |
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Filing 19
Order by Judge Vince Chhabria granting #17 Administrative Motion to Relate Case 21-cv-7388. (vclc3S, COURT STAFF) (Filed on 10/18/2021)
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| Filing 18 OPPOSITION/RESPONSE (re #17 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related (Civil Local Rule 3-12) ) filed byElena Nacarino, Megan Taylor. (Safier, Seth) (Filed on 10/12/2021) |
| Filing 17 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related (Civil Local Rule 3-12) filed by Kashi Company. Responses due by 10/12/2021. (Attachments: #1 Exhibit 1 (Brown Complaint), #2 Proposed Order)(Smith, Alexander) (Filed on 10/6/2021) |
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Filing 16
Order by Judge Vince Chhabria granting #15 Stipulation to set Briefing Schedule on Rule 12 motion. (vclc3S, COURT STAFF) (Filed on 9/21/2021)
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| Filing 15 STIPULATION WITH PROPOSED ORDER to Continue Deadline to File Responsive Pleading and Set Briefing Schedule on Rule 12 Motion filed by Kashi Company. (Smith, Alexander) (Filed on 9/17/2021) |
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Filing 14
Order by Judge Vince Chhabria granting #10 Motion for Pro Hac Vice - Panos. (bxsS, COURT STAFF) (Filed on 9/16/2021)
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| Filing 13 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. Case Management Statement due by 12/1/2021. Initial Case Management Conference set for 12/8/2021 at 02:00 PM by 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/vc Court Appearances: b> 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, December 2nd, 2021, by no later than 10:00AM.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/.> /p> (This is a text-only entry generated by the court. There is no document associated with this entry.). (bxsS, COURT STAFF) (Filed on 9/16/2021) |
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Filing 12
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 Jacqueline Scott Corley 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 Judge (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/16/2021)
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| Filing 11 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. (ahm, COURT STAFF) (Filed on 9/16/2021) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice for Kashi Company ( Filing fee $ 317, receipt number 0971-16395324.) filed by Kashi Company. (Attachments: #1 Certificate of Good Standing)(Panos, Dean) (Filed on 9/16/2021) |
| Filing 9 Certificate of Interested Entities by Kashi Company identifying Corporate Parent Kellogg Company for Kashi Company. (Smith, Alexander) (Filed on 9/16/2021) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kashi Company.. (Smith, Alexander) (Filed on 9/16/2021) |
| Filing 7 NOTICE of Appearance by Alexander Michael Smith (Smith, Alexander) (Filed on 9/16/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elena Nacarino, Megan Taylor.. (Safier, Seth) (Filed on 9/13/2021) |
| Filing 5 Summons Issued as to Kashi Company. (fabS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/2/2021. Initial Case Management Conference set for 12/9/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (fabS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 9/24/2021. (asS, COURT STAFF) (Filed on 9/10/2021) |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 9/10/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16377661.). Filed byElena Nacarino, Megan Taylor. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 9/10/2021) |
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