Newlands v. Philo, Inc.
| James Newlands |
| Philo, Inc. |
| 4:2022cv04296 |
| July 25, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Trina L Thompson |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 71 STIPULATION OF DISMISSAL filed by James Newlands. (Lowther, Edwin) (Filed on 1/25/2023) |
| ***Civil Case Terminated, See Docket No. #71 . *** (ndr, COURT STAFF) (Filed on 1/25/2023) |
Filing 70
RELATED CASE ORDER by Judge Haywood S. Gilliam, Jr. RE Docket No. #69 . (ndr, COURT STAFF) (Filed on 1/24/2023)
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| Filing 69 MOTION to Relate Case filed by James Newlands. (Attachments: #1 Declaration of Lee Lowther)(Lowther, Edwin) (Filed on 1/20/2023) |
| Filing 68 STIPULATION WITH PROPOSED ORDER Changing Case Deadlines filed by James Newlands. (Attachments: #1 Exhibit A - Cuthbertson Declaration In Support)(Cuthbertson, Douglas) (Filed on 1/10/2023) |
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Filing 67
ORDER GRANTING #66 STIPULATION CHANGING TIME REGARDING BRIEFING DEADLINES SET FORTH BY THE LOCAL RULES. Set Deadlines/Hearing as to #65 MOTION to Stay and #63 MOTION to Dismiss : Responses due by 1/26/2023; Replies due by 2/23/2023; and Motion Hearing set for 3/9/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 12/14/2022. (ndr, COURT STAFF) (Filed on 12/14/2022)
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| Filing 66 STIPULATION WITH PROPOSED ORDER CHANGING TIME REGARDING BRIEFING DEADLINES SET FORTH BY THE LOCAL RULES filed by James Newlands. (Attachments: #1 Exhibit A - Declaration of Douglas I. Cuthbertson)(Cuthbertson, Douglas) (Filed on 12/14/2022) |
| Filing 65 MOTION to Stay Discovery Pending Resolution of Defendant Philo, Inc.'s Motion to Dismiss the Amended Consolidated Class Action Complaint; Memorandum of Points and Authorities In Support Thereof filed by Philo, Inc.. Motion Hearing set for 3/23/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/23/2022. Replies due by 12/30/2022. (Attachments: #1 Proposed Order)(Singh, David) (Filed on 12/9/2022) |
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Filing 64
ORDER by Judge Haywood S. Gilliam, Jr. Granting #62 Motion for Pro Hac Vice for Dougherty, Taylor. (ndr, COURT STAFF) (Filed on 12/6/2022)
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| Filing 63 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Consolidated Class Action Complaint filed by Philo, Inc.. Motion Hearing set for 3/9/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/19/2022. Replies due by 12/27/2022. (Attachments: #1 Declaration of David R. Singh, #2 Exhibit A-B of the Declaration of David R. Singh, #3 Declaration of Loren Bland, #4 Proposed Order)(Singh, David) (Filed on 12/5/2022) |
| Filing 62 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17785079.) filed by Philo, Inc.. (Attachments: #1 Certificate of Good Standing)(Dougherty, Taylor) (Filed on 12/5/2022) |
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Filing 61
ORDER by Judge Haywood S. Gilliam, Jr. Granting #58 Stipulation Regarding the Production of Electronically Stored Information ("ESI") and Hard Copy Documents. (ndr, COURT STAFF) (Filed on 11/29/2022)
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| Filing 60 AMENDED COMPLAINT against Philo, Inc.. Filed byJames Newlands. (Bates, Joseph) (Filed on 11/23/2022) |
| Filing 59 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #58 . All future filings should reflect the case number as 4:22-cv-04296-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/22/2022) |
| Filing 58 STIPULATION WITH PROPOSED ORDER Regarding the Production of Electronically Stored Information ("ESI") and Hard Copy Documents filed by James Newlands. (Cuthbertson, Douglas) (Filed on 11/22/2022) |
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Filing 57
ORDER by Judge Haywood S. Gilliam, Jr. Granting #56 Stipulation Selecting Private ADR. (ndr, COURT STAFF) (Filed on 11/22/2022)
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| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 11/22/2022) |
| Filing 56 STIPULATION and Proposed Order selecting Private ADR by James Newlands filed by James Newlands. (Cuthbertson, Douglas) (Filed on 11/21/2022) |
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Filing 55
ORDER by Judge Haywood S. Gilliam, Jr. Granting #53 Stipulation to Extend ESI Protocols Deadline. Motions due by 11/23/2022. (ndr, COURT STAFF) (Filed on 11/18/2022)
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| Filing 54 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #53 . The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should include Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/18/2022) |
| Filing 53 STIPULATION WITH PROPOSED ORDER Stipulated Motion to Extend ESI Protocols Deadline filed by James Newlands. (Attachments: #1 Exhibit A Declaration of Douglas I. Cuthbertson, #2 Cuthbertson Declaration Ex. 1 Proposed ESI Protocols (Redline))(Cuthbertson, Douglas) (Filed on 11/17/2022) |
| Filing 51 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #50 . This Court does not accept letter requests. Counsel are directed to re-file their request as either a stipulation and proposed order or joint administrative motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/17/2022) |
| Filing 50 Letter re Proposed ESI Protocols. (Attachments: #1 Exhibit A - Proposed ESI Protocols (Redline))(Cuthbertson, Douglas) (Filed on 11/16/2022) |
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Filing 49
SCHEDULING ORDER. Motions due by 9/29/2023; Responses due by 11/22/2023; and Replies due by 1/19/2024. Signed by Judge Haywood S. Gilliam, Jr. on 11/16/2022. (ndr, COURT STAFF) (Filed on 11/16/2022)
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| Filing 52 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 11/15/2022.Total Time in Court: 12 Minutes. Not Reported. Plaintiff Attorney: Douglas Cuthbertson. Defendant Attorney: David Singh and David Yohai. Private ADR is discussed. The parties are directed to meet and confer and e-file within one week from today (November 22, 2022) a stipulation and proposed order selecting an ADR process. The Court adopts the dates proposed by the parties in their joint case management conference statement with Plaintiffs proposal for the reply deadline for the motion for class certification. Written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/15/2022) |
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Filing 48
ORDER by Judge Haywood S. Gilliam, Jr. Granting #47 Proposed Stipulated Protective Order. (ndr, COURT STAFF) (Filed on 11/9/2022)
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| Filing 47 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by James Newlands. (Cuthbertson, Douglas) (Filed on 11/8/2022) |
| Filing 46 JOINT CASE MANAGEMENT STATEMENT [Rule 26(f)] filed by James Newlands. (Cuthbertson, Douglas) (Filed on 11/8/2022) |
| Filing 45 ANSWER to Plaintiffs' Consolidated Amended Class Action Complaint filed by Philo, Inc.. (Singh, David) (Filed on 11/2/2022) |
| Filing 44 Certificate of Interested Entities by James Newlands (Cuthbertson, Douglas) (Filed on 10/27/2022) |
| Filing 43 CONSOLIDATED CLASS ACTION AMENDED COMPLAINT against Philo, Inc.. Filed byJames Newlands. (Bates, Joseph) (Filed on 10/26/2022) |
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Filing 42
ORDER GRANTING #39 STIPULATION to Consolidate. Amended Pleadings due by 10/26/2022; Motions due by 11/2/2022. Case Management Statement due by 11/8/2022; and. Initial Case Management Conference set for 11/15/2022 02:00 PM.The 11/15/2022 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. 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: 888-808-6929Access Code: 6064255The 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. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.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. Signed by Judge Haywood S. Gilliam, Jr. on 10/19/2022. (ndr, COURT STAFF) (Filed on 10/19/2022)
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Filing 41
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Trina L. Thompson no longer assigned to case,. Signed by Clerk on 10/11/22. (as, COURT STAFF) (Filed on 10/11/2022)
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Filing 40
ORDER OF RECUSAL. Signed by Judge Trina L. Thompson on 10/11/2022. (tmi, COURT STAFF) (Filed on 10/11/2022)
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| Filing 39 STIPULATION WITH PROPOSED ORDER Stipulated Motion to Consolidate and Reset Deadlines filed by James Newlands. (Attachments: #1 Exhibit A - Cuthbertson Declaration)(Cuthbertson, Douglas) (Filed on 10/7/2022) |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Singh, David) (Filed on 10/6/2022) |
| Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ross, Courtney) (Filed on 10/6/2022) |
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Filing 37
ORDER RELATING CASES: 22-cv-04296-TLT & 3:22-cv-05006-HSG. Signed by Judge Trina L. Thompson on 10/5/2022. (bxs, COURT STAFF) (Filed on 10/5/2022)
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| Filing 35 Consent ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by James Newlands. Responses due by 10/11/2022. (Cuthbertson, Douglas) (Filed on 10/4/2022) |
| Filing 34 STIPULATION to Extend the time for Defendant Philo, Inc. to Answer or Otherwise Respond to the Complaint Pursuant to L.R. 6.1 filed by Philo, Inc.. (Singh, David) (Filed on 9/30/2022) |
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Filing 33
Order by Judge Trina L. Thompson denying #32 Stipulation: The stipulation is denied without prejudice. Before the Court will consider consolidating this case with a case not currently assigned to Judge Thompson, the parties must file and obtain a ruling on an administrative motion to consider whether the cases should be related in compliance with Civil Local Rule 3-12(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 9/30/2022)
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| Filing 32 STIPULATION WITH PROPOSED ORDER Consolidating Cases and Resetting Deadlines filed by James Newlands. (Cuthbertson, Douglas) (Filed on 9/28/2022) |
| Filing 31 CERTIFICATE of Counsel Certificate of Service by Douglas I. Cuthbertson on behalf of James Newlands (Cuthbertson, Douglas) (Filed on 9/19/2022) |
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Filing 30
Order by Judge Trina L. Thompson granting #29 Motion for Pro Hac Vice as to Blake Steinberg. (bxs, COURT STAFF) (Filed on 9/16/2022)
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| Filing 29 MOTION for leave to appear in Pro Hac Vice by Blake J. Steinberg ( Filing fee $ 317, receipt number ACANDC-17543057.) filed by Philo, Inc.. (Attachments: #1 Certificate of Good Standing)(Steinberg, Blake) (Filed on 9/16/2022) |
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Filing 28
Order by Trina L Thompson granting #27 Motion for Pro Hac Vice as to David Yohai. (bxs, COURT STAFF) (Filed on 9/8/2022)
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| Filing 27 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17512437.) filed by Philo, Inc.. (Attachments: #1 Certificate of Good Standing)(Yohai, David) (Filed on 9/7/2022) |
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Filing 26
Order by Trina L Thompson granting #25 Motion for Pro Hac Vice as to Ian Bensberg. (bxs, COURT STAFF) (Filed on 9/6/2022)
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| Filing 25 MOTION for leave to appear in Pro Hac Vice by Ian R. Bensberg ( Filing fee $ 317, receipt number ACANDC-17501710.) filed by James Newlands. (Attachments: #1 Exhibit Certificate of Good Standing (Indiana))(Bensberg, Ian) (Filed on 9/2/2022) |
| Case Reassigned to Judge Trina L Thompson. Judge Judge Richard Seeborg no longer assigned to the case. (wsn, COURT STAFF) (Filed on 8/29/2022) |
| Filing 24 Corporate Disclosure Statement by Philo, Inc. identifying Other Affiliate Andrew McCollum, Other Affiliate Discovery Communications, LLC, Other Affiliate Scripps Networks, LLC, Other Affiliate Home Box Office, Inc., Other Affiliate Flybridge Capital Partners III, L.P., Other Affiliate New Enterprise Associates 13, L.P., Other Affiliate AMC Networks Ventures LLC, Other Affiliate Rho Ventures VI, L.P., Other Affiliate CBC New Media Group, LLC, Other Affiliate A+E Ventures, LLC, Other Affiliate Experiment Fund, LLC, Other Affiliate Radical Investments LP, Other Affiliate NEA: Seed LLC, Other Affiliate Gaingels Philo CL LLC, Other Affiliate XFund2, Other Affiliate Felicis Ventures III, L.P., Other Affiliate WME Investments, LLC, Other Affiliate Jack Abraham, Other Affiliate Gaingels Philo LLC, Other Affiliate Fios Venture Holdings LLC, Other Affiliate XFund2A, Other Affiliate PH Fund I, a series of Riverside Ventures, LP, Other Affiliate Viacom International Inc. for. Pursuant to Federal Rule of Civil Procedure 7.1 and Civil Local Rule 3-15 (Singh, David) (Filed on 8/29/2022) |
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Filing 23
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Trina L. Thompson in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials TLT immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before Judge Thompson by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for or after November 15, 2022, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before November 15, 2022, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before October 14, 2022, the parties shall file a Joint Case Management Conference Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here.IT IS SO ORDERED. Dated: 8/29/2022 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (wsn-adi, COURT STAFF) (Filed on 8/29/2022)
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| Filing 22 STIPULATION to Extend the time for Defendant Philo, Inc. to Move to Dismiss or Otherwise Respond to the Complaint Pursuant to L.R. 6.1 filed by Philo, Inc.. (Singh, David) (Filed on 8/22/2022) |
| Filing 21 AFFIDAVIT of Service for Complaint, Summons and Order Setting Initial Case Management Conference and ADR Deadlines served on Philo, Inc. on 8/2/2022, filed by James Newlands. (Attachments: #1 Exhibit A)(Bates, Joseph) (Filed on 8/15/2022) |
| Filing 20 CLERK'S NOTICE RE REASSIGNED CASE:You are notified that the Court has scheduled an Initial Case Management Conference set for November 3, 2022 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by October 27, 2022. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/5/2022) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Signed by Clerk on 08/05/2022. (jlg, COURT STAFF) (Filed on 8/5/2022)
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| Filing 18 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. (rmm2, COURT STAFF) (Filed on 8/5/2022) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Newlands.. (Lowther, Edwin) (Filed on 8/5/2022) |
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Filing 16
ORDER by Magistrate Judge Thomas S. Hixson granting #15 Motion for Pro Hac Vice re Douglas I. Cuthbertson. (rmm2, COURT STAFF) (Filed on 8/5/2022)
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| Filing 15 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17414381.) filed by James Newlands. (Attachments: #1 Certificate of Good Standing)(Cuthbertson, Douglas) (Filed on 8/4/2022) |
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Filing 14
ORDER by Magistrate Judge Thomas S. Hixson granting #12 Motion for Pro Hac Vice re Courtney Elizabeth Ross. (rmm2, COURT STAFF) (Filed on 8/4/2022)
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Filing 13
ORDER by Magistrate Judge Thomas S. Hixson granting #11 Motion for Pro Hac Vice re Edwin Lee Lowther III. (rmm2, COURT STAFF) (Filed on 8/4/2022)
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| Filing 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17405630.) Filing fee previously paid on 8/2/22 filed by James Newlands. (Ross, Courtney) (Filed on 8/3/2022) |
| Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17405563.) Filing fee previously paid on 8/2/22 filed by James Newlands. (Lowther, Edwin) (Filed on 8/3/2022) |
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Filing 10
TEXT ORDER: denying both applications because counsel failed to attach a certificate of good standing. re #8 MOTION for leave to appear in Pro Hac Vice filed by James Newlands, #9 MOTION for leave to appear in Pro Hac Vice filed by James Newlands Issued by Magistrate Judge Thomas S. Hixson on 8/3/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 8/3/2022)
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| Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17405630.) filed by James Newlands. (Ross, Courtney) (Filed on 8/2/2022) |
| Filing 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17405563.) filed by James Newlands. (Lowther, Edwin) (Filed on 8/2/2022) |
| Filing 7 NOTICE of Appearance by Michael W. Sobol (Sobol, Michael) (Filed on 7/29/2022) |
| Filing 6 Summons Issued as to Philo, Inc.. (msr, COURT STAFF) (Filed on 7/26/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/20/2022. Initial Case Management Conference set for 10/27/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (msr, COURT STAFF) (Filed on 7/26/2022) |
| Filing 4 Proposed Summons. (Bates, Joseph) (Filed on 7/26/2022) |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/9/2022. (as, COURT STAFF) (Filed on 7/26/2022) |
| Filing 2 Civil Cover Sheet by James Newlands . (Bates, Joseph) (Filed on 7/26/2022) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17381261.). Filed byJames Newlands. (Bates, Joseph) (Filed on 7/25/2022) |
| #Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Complaint filed by James Newlands (ark, COURT STAFF) (Filed on 7/25/2022) |
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