Gladstein v. Capital Benefit, Inc. et al
| Kimberly Gladstein |
| Capital Benefit, Inc., Marcel Bruetsch, Yosemite Capital LLC, Pacific Premier Bank, Richard Katz, Katz Sylla, Barry R Blue, Mural Media LLC 401K, Thomas Malgesini, Hillcrest Lending Inc., Chelsea Garner and Emin Hakobian |
| 3:2022cv06718 |
| October 31, 2022 |
| US District Court for the Northern District of California |
| Trina L Thompson |
| Other Statutory Actions |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 67 NOTICE of Voluntary Dismissal NOTICE OF DISMISSAL OF DEFENDANTS HILLCREST LENDING, INC., CHELSEY GARNER, AND EMIN HAKOBIAN by Kimberly Gladstein (Fredman, Peter) (Filed on 7/6/2023) |
| Filing 66 NOTICE by Kimberly Gladstein NOTICE OF CONDITIONAL SETTLEMENT WITH DEFENDANTS HILLCREST LENDING, INC., CHELSEY GARNER, AND EMIN HAKOBIAN (Fredman, Peter) (Filed on 6/22/2023) |
| Filing 65 NOTICE of Voluntary Dismissal of Defendants Yosemite Capital LLC and Thomas Malgesini by Kimberly Gladstein (Fredman, Peter) (Filed on 6/12/2023) |
Filing 64
ORDER AS MODIFIED GRANTING #63 STIPULATION RE JOINT NOTICE OF SETTLEMENT AND REQUEST FOR DISMISSAL WITH PREJUDICE OF THE SETTLING DEFENDANTS WITH RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT. Signed by Judge Trina L. Thompson on 5/30/2023. (rfm, COURT USER) (Filed on 5/30/2023)
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| Filing 63 STIPULATION WITH PROPOSED ORDER RE JOINT NOTICE OF SETTLEMENT AND REQUEST FOR DISMISSAL WITH PREJUDICE OF THE SETTLING DEFENDANTS WITH RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT filed by Barry R Blue, Richard Katz, Pacific Premier Bank, Katz Sylla. (Attachments: #1 Proposed Order)(Herich, Emil) (Filed on 5/26/2023) |
| Filing 62 CLERKS NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 8/10/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 8/3/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/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.) (rfm, COURT USER) (Filed on 4/13/2023) |
| Filing 61 Summons Issued as to All Defendants. (hdj, COURT STAFF) (Filed on 4/13/2023) |
| Filing 60 Proposed Summons. (Fredman, Peter) (Filed on 4/12/2023) |
| Filing 59 AMENDED COMPLAINT against All Defendants. Filed byKimberly Gladstein. (Fredman, Peter) (Filed on 4/12/2023) |
| Filing 58 NOTICE of Appearance by Emil Walter Herich (Herich, Emil) (Filed on 3/24/2023) |
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Filing 57
ORDER GRANTING #56 STIPULATION AND ORDER RE FILING AND RESPONDING TO AMENDED COMPLAINT AS MODIFIED. Signed by Judge Trina L. Thompson on 3/23/2023. Amended Pleadings due by 4/15/2023. (rfm, COURT USER) (Filed on 3/23/2023)
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| Filing 56 STIPULATION AND PROPOSED ORDER RE FILING AND RESPONDING TO AMENDED COMPLAINT filed by Kimberly Gladstein. (Fredman, Peter) (Filed on 3/23/2023) |
| Filing 55 NOTICE by Marcel Bruetsch, Capital Benefit, Inc. re #47 Order (Weber, Edward) (Filed on 3/6/2023) |
| Filing 54 NOTICE by Marcel Bruetsch, Capital Benefit, Inc. OF WITHDRAWAL OF COUNSEL (Goldstein, Jason) (Filed on 3/1/2023) |
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Filing 53
ORDER DENYING PLAINTIFF'S #21 MOTION FOR A PRELIMINARY INJUNCTION. Signed by Judge Trina L. Thompson on 2/22/2023. (rfm, COURT USER) (Filed on 2/22/2023)
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| Filing 52 Minute Entry for proceedings held before District Judge Trina L Thompson: Motion Hearing held on 2/21/2023 re #21 MOTION for Preliminary Injunction filed by Kimberly Gladstein.The motion having been argued and submitted, the Court takes it under submission. Total Time in Court: 49 minutes. Court Reporter: Ana Dub. Plaintiff Attorney: Peter Fredman. Defendant Attorney: Jason Goldstein. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 2/21/2023) |
| Filing 51 NOTICE of Appearance by Jason Edward Goldstein (Goldstein, Jason) (Filed on 2/21/2023) |
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Filing 50
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge Sallie Kim on 2/16/2023. Settlement Conference set for 7/19/2023 09:30 AM in San Francisco - Videoconference Only. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar for Public Hearings. Go to the section labeled: Non-Public Hearings [Settlement Conferences] to obtain the information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. Court Appearances: Advanced notice is required of counsel or parties who will be attending the settlement conference. A joint list of names including client representatives and titles must be sent to the CRD at SKCRD@cand.uscourts.gov no later than 7/17/2023 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/. (mkl, COURT STAFF) (Filed on 2/16/2023)
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| Filing 49 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 2/16/2023. Settlement Conference set for 7/19/2023 at 9:30 AM by video. The Court will issue a settlement conference order. Total Time in Court: 10 minutes. Not reported. Attorneys for Plaintiff: Pamela Simmons and Peter Fredman. Attorney for Defendants Marcel Breutsch and Capital Benefit, Inc.: Edward Weber. Attorney for Defendants Pacific Premier Bank, Richard Katz, Katz Sylla, Barry Blue, and Mural Media LLC: Emil Herich. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 2/16/2023) |
| Filing 48 NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 2/16/2023 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 2/6/2023. (mkl, COURT STAFF) (Filed on 2/6/2023) |
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Filing 47
ORDER AWARDING FEES AND COSTS. Signed by Judge Trina L. Thompson on 2/2/2023. (rfm, COURT USER) (Filed on 2/3/2023)
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Trina L. Thompson on 2/2/2023. (rfm, COURT USER) (Filed on 2/3/2023)
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| CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (mkl, COURT STAFF) (Filed on 2/3/2023) |
| Filing 45 Minute Entry for proceedings held before District Judge Trina L Thompson: Initial Case Management Conference held on 2/2/2023.CASE REFERRED to Magistrate Judge for Settlement Conference to be completed by 10/31/2023.Final Pretrial Conference set for 3/7/2024 03:30 PM in San Francisco, Courtroom 09, 19th Floor. Joint Pretrial Statement with Objections due by 2/22/2024. Jury Selection and Trial set for 4/8/2024 - 4/15/2024 at 8:30 AM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. Estimated Length: 5 days. Dispositive Motion due by 1/2/2024. Motion Hearing set for 2/13/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson.Close of Fact Discovery is 11/3/2023. Opening Reports due by 11/3/2023. Rebuttal Reports due by 12/1/2023. Close of Expert Discovery is 1/5/2024. The Court hears argument as to the Order to Show Cause re: Failure to AppearScheduling Order and Order regarding the Order to Show Cause to be issued. Total Time in Court: 8 minutes. Court Reporter: Not reported. Plaintiff Attorney: Peter Fredman. Defendant Attorney: Edward Weber. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 2/2/2023) |
| Filing 44 SUMMONS Returned Executed by Kimberly Gladstein. DBA PACIFIC PREMIER TRUST, AS TRUSTEE FOR BARRY BLUE (Fredman, Peter) (Filed on 1/31/2023) |
| Filing 43 SUMMONS Returned Executed by Kimberly Gladstein. DBA PACIFIC PREMIER TRUST, AS TRUSTEE FOR RICHARD KATZ (Fredman, Peter) (Filed on 1/31/2023) |
| Filing 42 SUMMONS Returned Executed by Kimberly Gladstein. Pacific Premier Bank served on 1/30/2023, answer due 2/21/2023. DBA PACIFIC PREMIER TRUST, AS TRUSTEE FOR SYLLA KATZ (Fredman, Peter) (Filed on 1/31/2023) |
| Filing 41 Certificate of Interested Entities by Kimberly Gladstein (Fredman, Peter) (Filed on 1/25/2023) |
| Filing 40 CASE MANAGEMENT STATEMENT (JOINT) filed by Kimberly Gladstein. (Fredman, Peter) (Filed on 1/25/2023) |
| Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by Marcel Bruetsch, Capital Benefit, Inc. and Declaration of Edward T. Weber, Esq.. (Weber, Edward) (Filed on 12/20/2022) |
| Filing 38 RESPONSE re #37 Order to Show Cause (Plaintiff's Statement of Fees and Costs) by Kimberly Gladstein. (Fredman, Peter) (Filed on 12/20/2022) |
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Filing 37
ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE SANCTIONED FOR FAILING TO APPEAR. Signed by Judge Trina L. Thompson on 12/14/2022. (vla, COURT STAFF) (Filed on 12/14/2022)
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| Filing 36 Minute Entry for proceedings held before District Judge Trina L Thompson: Motion Hearing held on 12/13/2022 re #21 MOTION for Preliminary Injunction . Counsel for Defendant Capital Benefit failed to appear for the hearing. Motion Hearing continued to 2/21/2023 at 2:00 PM. Court will issue an Order to Show Cause. Total Time in Court: 2:10-2:16. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: Peter Fredman. Defendant Attorney: Failed to Appear. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Date Filed: 12/13/2022) |
| Filing 35 Declaration of PETER FREDMAN in Support of #33 Reply to Opposition/Response filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #33 ) (Fredman, Peter) (Filed on 11/28/2022) |
| Filing 34 Declaration of PLAINTIFF KIMBERLY GLADSTEIN in Support of #33 Reply to Opposition/Response filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #33 ) (Fredman, Peter) (Filed on 11/28/2022) |
| Filing 33 REPLY (re #21 MOTION for Preliminary Injunction ) filed byKimberly Gladstein. (Fredman, Peter) (Filed on 11/28/2022) |
| Filing 32 CERTIFICATE OF SERVICE by Capital Benefit, Inc. re #30 Opposition/Response to Motion, #21 MOTION for Preliminary Injunction , #31 Declaration in Opposition (Weber, Edward) (Filed on 11/18/2022) |
| Filing 31 DECLARATION of Marcel Bruetsch in Opposition to #30 Opposition/Response to Motion, #21 MOTION for Preliminary Injunction filed byCapital Benefit, Inc.. (Related document(s) #30 , #21 ) (Weber, Edward) (Filed on 11/18/2022) |
| Filing 30 OPPOSITION/RESPONSE (re #21 MOTION for Preliminary Injunction ) filed byCapital Benefit, Inc.. (Weber, Edward) (Filed on 11/18/2022) |
| Filing 29 Summons Issued as to Barry R Blue, Marcel Bruetsch, Capital Benefit, Inc., Richard Katz, Thomas Malgesini, Mural Media LLC 401K, Pacific Premier Bank, Katz Sylla, Yosemite Capital LLC. (hdj, COURT STAFF) (Filed on 11/8/2022) |
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Filing 28
ORDER by Judge Trina L. Thompson denying #24 Motion to Shorten Time. The plaintiff has filed a motion to shorten the time for the Court to hear a motion for a preliminary injunction. Upon a review of the parties' filings, the Court denies the plaintiff's motion. The plaintiff's motion does not assert any new evidence or law that this Court did not already consider in her application for a temporary restraining order. The preliminary injunction motion hearing will proceed as scheduled on December 13, 2022, at 2:00 pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tltlc3, COURT STAFF) (Filed on 11/8/2022)
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| Filing 27 Proposed Summons. (Fredman, Peter) (Filed on 11/7/2022) |
| Filing 26 CERTIFICATE OF SERVICE by Capital Benefit, Inc. re #25 Opposition/Response to Motion (Weber, Edward) (Filed on 11/7/2022) |
| Filing 25 OPPOSITION/RESPONSE (re #24 MOTION to Shorten Time On Hearing For Motion For Preliminary Injunction, #21 MOTION for Preliminary Injunction ) filed byCapital Benefit, Inc.. (Weber, Edward) (Filed on 11/7/2022) |
| Filing 24 MOTION to Shorten Time On Hearing For Motion For Preliminary Injunction filed by Kimberly Gladstein. (Attachments: #1 Declaration, #2 Proposed Order)(Fredman, Peter) (Filed on 11/7/2022) |
| Filing 23 DECLARATION of Peter Fredman, Esq. in Opposition to #21 MOTION for Preliminary Injunction filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #21 ) (Fredman, Peter) (Filed on 11/4/2022) |
| Filing 22 Declaration of Plaintiff Kimberly Gladstein in Support of #21 MOTION for Preliminary Injunction filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Related document(s) #21 ) (Fredman, Peter) (Filed on 11/4/2022) |
| Filing 21 MOTION for Preliminary Injunction filed by Kimberly Gladstein. Motion Hearing set for 12/13/2022 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L. Thompson. Responses due by 11/18/2022. Replies due by 11/25/2022. (Fredman, Peter) (Filed on 11/4/2022) |
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Filing 20
ORDER advising the plaintiff that if she continues to seek preliminary injunctive relief, the plaintiff may file a motion for a preliminary injunction in accordance with the Civil Local Rules and this Court's standing orders. The denial of a temporary restraining order does not preclude the grant or denial of relief on a subsequent motion for a preliminary injunction. Unless otherwise ordered, the briefing schedule of any filed motion shall follow Civil Local Rule 7-3. Signed by Judge Trina L. Thompson on 11/2/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tltlc3, COURT STAFF) (Filed on 11/2/2022)
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| Filing 19 ADR Remark: ADR Phone Conference held on 11/2/2022, by Tamara Lange. (af, COURT STAFF) (Filed on 11/2/2022) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 18 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE & ZOOM REGISTRATION: Joint Case Management Statement due by 1/26/2023. Initial Case Management Conference set for 2/2/2023 at 02:00 PM - Videoconference Only. 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 tltcrd@cand.uscourts.gov no later than 1/24/23 at 2 pm.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadc asting 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/ . Case Management Statement due by 1/26/2023. Initial Case Management Conference set for 2/2/2023 02:00 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 11/2/2022). (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 17 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, November 2, 2022, at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/2/2022) |
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Filing 16
Order Referring Case to ADR for Telephone Conference. Signed by Judge Trina L. Thompson on 11/2/2022. (ec, COURT STAFF) (Filed on 11/2/2022)
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Filing 15
ORDER by Judge Trina L. Thompson denying #2 Ex Parte Application for Temporary Restraining Order. (tltlc3, COURT STAFF) (Filed on 11/1/2022)
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| Filing 14 Proposed Order Granting Motion For Temporary Restraining Order by Kimberly Gladstein. (Fredman, Peter) (Filed on 11/1/2022) |
| Filing 13 CERTIFICATE OF SERVICE by Capital Benefit, Inc. re #12 Opposition/Response to Motion, (Weber, Edward) (Filed on 11/1/2022) |
| Filing 12 OPPOSITION/RESPONSE (re #2 Ex Parte Application MOTION for Temporary Restraining Order ) filed byCapital Benefit, Inc.. (Attachments: #1 Declaration M. Bruetsch, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Weber, Edward) (Filed on 11/1/2022) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L. Thompson for all further proceedings. Judge Susan Illston no longer assigned to case. Signed by Clerk on 11/1/2022. (mbc, COURT STAFF) (Filed on 11/1/2022)
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Filing 10
ORDER OF RECUSAL. Signed by Judge Susan Illston on 11/1/2022. (ec, COURT STAFF) (Filed on 11/1/2022)
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Thomas S. Hixson 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 Clerk on 11/1/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 11/1/2022)
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| Filing 8 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. (tshlc1, COURT STAFF) (Filed on 11/1/2022) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/26/2023. Initial Case Management Conference set for 2/2/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdj, COURT STAFF) (Filed on 11/1/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kimberly Gladstein.. (Fredman, Peter) (Filed on 11/1/2022) |
| Filing 5 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 11/15/2022. (as, COURT STAFF) (Filed on 11/1/2022) |
| Filing 4 Declaration of Kimberly Gladstein in Support of #2 Ex Parte Application MOTION for Temporary Restraining Order filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Related document(s) #2 ) (Fredman, Peter) (Filed on 11/1/2022) |
| Filing 3 Declaration in Support of #2 Ex Parte Application MOTION for Temporary Restraining Order filed byKimberly Gladstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #2 ) (Fredman, Peter) (Filed on 11/1/2022) |
| Filing 2 Ex Parte Application , MOTION for Temporary Restraining Order filed by Kimberly Gladstein. (Fredman, Peter) (Filed on 11/1/2022) |
| Filing 1 COMPLAINT (VERIFIED) FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402, receipt number ACANDC-17683951.). Filed byKimberly Gladstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Fredman, Peter) (Filed on 10/31/2022) |
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