Guerra v. KIND, LLC
Plaintiff: Chris Guerra
Defendant: KIND, LLC
Case Number: 3:2022cv06654
Filed: October 28, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Richard Seeborg
Referring Judge: Alex G Tse
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Opinion or Order Filing 33 ORDER by Chief Judge Richard Seeborg granting in part and denying in part #19 Motion to Dismiss. (rslc2, COURT STAFF) (Filed on 5/11/2023)
April 14, 2023 Filing 32 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 5/11/2023 is continued to 6/8/2023 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 6/1/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/14/2023)
April 13, 2023 Filing 31 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 4/13/2023 re #19 MOTION to Dismiss. Motion taken under submission. Court to issue an order. Total Time in Court: 25 minutes. Court Reporter: Recorded by Zoom.Plaintiff Attorney: Kali Backer. Defendant Attorney: Keri Borders. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Date Filed: 4/13/2023)
April 11, 2023 Filing 30 CLERK'S NOTICE RESETTING TIME ON MOTION AND SETTING ZOOM HEARING as to #19 MOTION to Dismiss . Motion Hearing set for 4/13/2023 at 02:30 PM (previously 1:30 pm) in San Francisco, - Videoconference Only before Judge Richard Seeborg. 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/rs 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 rscrd@cand.uscourts.gov no later than April 12, 2023 at 12:00 pm.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/.(cl, COURT STAFF) (Filed on 4/11/2023) (This is a text-only entry generated by the court. There is no document associated with this entry.),.
April 11, 2023 Filing 29 CLERK'S NOTICE: Motion to Dismiss re [#19] will be held on 4/13/2023 at 1:30 pm in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Filed on 4/11/2023)
April 10, 2023 Opinion or Order Filing 28 ORDER by Chief Judge Richard Seeborg granting #27 Administrative Motion For Leave to File a Surreply. (rslc2, COURT STAFF) (Filed on 4/10/2023)
April 3, 2023 Filing 27 ADMINISTRATIVE MOTION for Leave to File Surreply to Defendant's Motion to Dismiss re #19 MOTION to Dismiss filed by Chris Guerra. Responses due by 4/7/2023. (Attachments: #1 Declaration, #2 Plaintiff's Surreply, #3 Proposed Order)(Backer, Kali) (Filed on 4/3/2023)
April 3, 2023 Opinion or Order Filing 26 ORDER by Judge Richard Seeborg GRANTING #25 STIPULATED REQUEST TO MOVE THE MOTION TO DISMISS HEARING TO ZOOM. (cl, COURT STAFF) (Filed on 4/3/2023)
March 30, 2023 Filing 25 STIPULATION WITH PROPOSED ORDER re #19 MOTION to Dismiss Hearing by Zoom filed by Chris Guerra. (Backer, Kali) (Filed on 3/30/2023)
March 24, 2023 Filing 24 REPLY (re #19 MOTION to Dismiss ) filed byKIND, LLC. (Borders, Keri) (Filed on 3/24/2023)
March 15, 2023 Filing 23 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChris Guerra. (Attachments: #1 Exhibit)(Related document(s) #21 ) (McCrary, Marie) (Filed on 3/15/2023)
March 13, 2023 Filing 22 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChris Guerra. (Attachments: #1 Exhibit)(Related document(s) #21 ) (McCrary, Marie) (Filed on 3/13/2023)
March 3, 2023 Filing 21 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss ) filed byChris Guerra. (Attachments: #1 Exhibit A)(Backer, Kali) (Filed on 3/3/2023)
January 26, 2023 Filing 20 Certificate of Interested Entities by KIND, LLC identifying Corporate Parent Mars Inc., Corporate Parent KIND INC., Corporate Parent Mars Wrigley Confectionary, US, LLC for KIND, LLC. (Borders, Keri) (Filed on 1/26/2023)
January 26, 2023 Filing 19 MOTION to Dismiss filed by KIND, LLC. Motion Hearing set for 4/13/2023 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 3/3/2023. Replies due by 3/24/2023. (Attachments: #1 Proposed Order)(Borders, Keri) (Filed on 1/26/2023)
January 11, 2023 Filing 18 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE.Case Management Statement due by 5/4/2023. Initial Case Management Conference previously set for 2/2/2023 is continued to 5/11/2023 at 10:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/11/2023)
January 10, 2023 Filing 17 ADMINISTRATIVE MOTION to Continue the Initial Case Management Conference re 14 Clerk's Notice,, filed by KIND, LLC. Responses due by 1/17/2023. (Attachments: #1 Declaration of Keri E. Borders in Support of KIND LLC's Administrative Motion to Continue the Initial Case Management Conference, #2 Proposed Order Granting Administrative Motion to Continue the Initial Case Management Conference)(Borders, Keri) (Filed on 1/10/2023)
December 14, 2022 Opinion or Order Filing 16 ORDER by Judge Richard Seeborg Granting #15 Stipulation Extending Time to Respond to Complaint and Setting Briefing Schedule on Anticipated Motion to Dismiss. (cl, COURT STAFF) (Filed on 12/14/2022)
December 14, 2022 Filing 15 STIPULATION WITH PROPOSED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND SETTING BRIEFING SCHEDULE ON ANTICIPATED MOTION TO DISMISS filed by KIND, LLC. (Attachments: #1 Declaration of Keri E. Borders in Support of Stipulation and Proposed Order)(Borders, Keri) (Filed on 12/14/2022)
December 13, 2022 Filing 14 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 2/2/2023 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by 1/26/2023. 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 12/13/2022)
December 13, 2022 Opinion or Order Filing 13 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 Alex G. Tse no longer assigned to case,. Signed by Clerk on 12/13/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 12/13/2022)
December 12, 2022 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 12/12/2022)
December 12, 2022 Filing 11 NOTICE of Appearance by Marie Ann McCrary for Plaintiff (McCrary, Marie) (Filed on 12/12/2022)
December 7, 2022 Filing 10 NOTICE of Appearance by Rebecca Bari Johns (Johns, Rebecca) (Filed on 12/7/2022)
December 7, 2022 Filing 9 NOTICE of Appearance by Dale Joseph Giali (Giali, Dale) (Filed on 12/7/2022)
December 7, 2022 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by KIND, LLC.. (Borders, Keri) (Filed on 12/7/2022)
December 5, 2022 Filing 7 NOTICE of Appearance by Hayley A. Reynolds for Plaintiff Chris Guerra (Reynolds, Hayley) (Filed on 12/5/2022)
November 14, 2022 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chris Guerra.. (Safier, Seth) (Filed on 11/14/2022)
October 31, 2022 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/20/2023. Initial Case Management Conference set for 1/27/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cv, COURT STAFF) (Filed on 10/31/2022)
October 31, 2022 Filing 4 Summons Issued as to KIND, LLC. (cv, COURT STAFF) (Filed on 10/31/2022)
October 28, 2022 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/14/2022. (bw, COURT STAFF) (Filed on 10/28/2022)
October 28, 2022 Filing 2 Proposed Summons. (Safier, Seth) (Filed on 10/28/2022)
October 28, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17676970.). Filed byChris Guerra. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 10/28/2022)

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Plaintiff: Chris Guerra
Represented By: Seth Adam Safier
Represented By: Hayley A. Reynolds
Represented By: Marie Ann McCrary
Represented By: Kali Backer
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Defendant: KIND, LLC
Represented By: Keri Elizabeth Borders
Represented By: Dale Joseph Giali
Represented By: Rebecca Bari Johns
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