Esparza v. Lenox Corporation et al
| Miguel Esparza |
| Lenox Corporation a Delaware corporation d/b/a Lenox.com and Does 1 through 25 |
| 3:2022cv09004 |
| December 20, 2022 |
| US District Court for the Northern District of California |
| William Alsup |
| Kandis A Westmore |
| Constitutional - State Statute |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| None |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 RESPONSE re #42 Order re Notice of Voluntary Dismissal by Miguel Esparza. (Ferrell, Scott) (Filed on 6/2/2023) |
Filing 42
ORDER RE NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 5/24/2023)
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| Filing 41 RESPONSE re #39 Order re Voluntary Dismissal by Miguel Esparza. (Ferrell, Scott) (Filed on 5/19/2023) |
| Filing 40 RESPONSE re #39 Order Regarding Notice to Potential Class Members by Lenox Corporation. (Killian, Meghan) (Filed on 5/19/2023) |
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Filing 39
ORDER RE #37 VOLUNTARY DISMISSAL. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 5/12/2023)
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| Filing 38 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 5/10/2023 re #32 MOTION for Leave to File First Amended Complaint filed by Miguel Esparza. Court takes motion under submission as further stated on the record. Digital Recording Time: 2:16-2:24 = 8 Minutes. Plaintiff Attorney: David Reid. Defendant Attorney: Colin Knisely. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 5/10/2023) |
| Filing 37 NOTICE of Voluntary Dismissal by Miguel Esparza (Ferrell, Scott) (Filed on 5/10/2023) |
| Filing 36 NOTICE of Appearance by David W. Reid (Reid, David) (Filed on 5/9/2023) |
| Filing 35 REPLY (re #32 MOTION for Leave to File First Amended Complaint ) filed byMiguel Esparza. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice)(Ferrell, Scott) (Filed on 4/20/2023) |
| Filing 34 OPPOSITION/RESPONSE (re #32 MOTION for Leave to File First Amended Complaint ) filed byLenox Corporation. (Killian, Meghan) (Filed on 4/13/2023) |
| Filing 33 CLERK'S NOTICE SETTING #32 MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FOR HEARING: This motion was erroneously noticed but not set for hearing on a day when the Court is unavailable. Motion Hearing as to #32 MOTION for Leave to File First Amended Complaint is SPECIALLY set for oral argument on 5/10/2023 01:30 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines. (afm, COURT STAFF) (Filed on 3/30/2023) |
| Filing 32 MOTION for Leave to File First Amended Complaint filed by Miguel Esparza. (Attachments: #1 Appendix, #2 Exhibit 1 to Appendix, #3 Exhibit 2 to Appendix, #4 Proposed Order)(Ferrell, Scott) (Filed on 3/30/2023) |
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Filing 31
ORDER RE #11 MOTION TO DISMISS OR COMPEL ARBITRATION AND VACATING HEARING #28 , #30 . Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 3/16/2023)
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| Filing 30 STIPULATION WITH PROPOSED ORDER re 24 Clerk's Notice,, Set Motion and Deadlines/Hearings, #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss filed by Miguel Esparza. (Attachments: #1 Proposed Order)(Ferrell, Scott) (Filed on 3/15/2023) |
| #Electronic filing error. Incorrect event used. [err101] Re: #29 Exhibits filed by Lenox Corporation (dhm, COURT STAFF) (Filed on 3/15/2023) |
| Filing 29 Proposed Order re #28 MOTION for Leave to File A Notice of Supplemental Authority filed byLenox Corporation. (Related document(s) #28 ) (Killian, Meghan) (Filed on 3/14/2023) Modified on 3/15/2023. Incorrect event selected (dhm, COURT STAFF). |
| Filing 28 MOTION for Leave to File A Notice of Supplemental Authority filed by Lenox Corporation. (Attachments: #1 Exhibit A)(Killian, Meghan) (Filed on 3/14/2023) |
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Filing 27
ORDER RE #26 REQUEST TO APPEAR VIA ZOOM. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 3/13/2023)
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| Filing 26 Letter from Scott Ferrell Requesting to Appear via Zoom. (Attachments: #1 Standing Order Granting Request to Appear)(Ferrell, Scott) (Filed on 3/13/2023) |
| Filing 25 REPLY (re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss ) filed byLenox Corporation. (Killian, Meghan) (Filed on 2/24/2023) |
| Filing 24 CLERK'S NOTICE RESCHEDULING #11 MOTION HEARING FROM 3/9/2023 TO 3/16/2023: Hearing re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss is RESCHEDULED for 3/16/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Motion briefing deadlines remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afm, COURT STAFF) (Filed on 2/21/2023) |
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Filing 23
ORDER GRANTING #22 STIPULATION TO EXTEND REPLY DEADLINE. Signed by Judge William Alsup on 2/21/2023. (afm, COURT STAFF) (Filed on 2/21/2023)
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| Filing 22 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss TO EXTEND REPLY DEADLINE filed by Lenox Corporation. (Killian, Meghan) (Filed on 2/16/2023) |
| Filing 21 OPPOSITION/RESPONSE (re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss ) filed byMiguel Esparza. (Attachments: #1 Declaration of S. Ferrell, #2 Exhibit 1 to Dec of S. Ferrell, #3 Exhibit 2 to Dec of S. Ferrell, #4 Declaration of M. Esparza)(Ferrell, Scott) (Filed on 2/13/2023) |
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Filing 20
NOTICE & ORDER RE PUTATIVE CLASS ACTION. Signed by Judge Alsup. (whalc5, COURT STAFF) (Filed on 2/7/2023)
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Filing 19
ORDER by Judge William Alsup granting #18 Motion for Pro Hac Vice. (afm, COURT STAFF) (Filed on 2/6/2023)
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| Filing 18 MOTION for leave to appear in Pro Hac Vice CORRECTION OF DOCKET #17 ( Filing fee $ 317, receipt number ACANDC-17950106.) Filing fee previously paid on February 1, 2023 filed by Lenox Corporation. (Knisely, Joseph) (Filed on 2/6/2023) |
| Filing 17 MOTION for leave to appear in Pro Hac Vice /APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE ( Filing fee $ 317, receipt number ACANDC-17950106.) Filing fee previously paid on February 1, 2023 filed by Lenox Corporation. (Knisely, Joseph) (Filed on 2/6/2023) |
| Set/Reset Deadlines as to #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss. Motion Hearing set for 3/9/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (afm, COURT STAFF) (Filed on 2/6/2023) |
| Filing 16 Renotice motion hearing re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss filed byLenox Corporation. (Related document(s) #11 ) (Killian, Meghan) (Filed on 2/3/2023) |
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Filing 15
ORDER by Judge William Alsup denying #13 Motion for Pro Hac Vice. (afm, COURT STAFF) (Filed on 2/3/2023)
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| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety using correct motion event. Re: #14 Notice (Other) filed by Lenox Corporation (dhm, CO URT STAFF) (Filed on 2/3/2023) |
| Filing 14 NOTICE by Lenox Corporation re #11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss (Killian, Meghan) (Filed on 2/2/2023) |
| Filing 13 MOTION for leave to appear in Pro Hac Vice / APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE ( Filing fee $ 317, receipt number ACANDC-17950106.) filed by Lenox Corporation. (Knisely, Joseph) (Filed on 2/1/2023) |
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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 William Alsup for all further proceedings. Magistrate Judge Kandis A. Westmore 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 01/31/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 1/31/2023)
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| Filing 11 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss filed by Lenox Corporation. Motion Hearing set for 4/20/2023 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 2/13/2023. Replies due by 2/21/2023. (Attachments: #1 Declaration of Meghan C. Killian, #2 Exhibit A to Declaration of Meghan Killian, #3 Proposed Order)(Killian, Meghan) (Filed on 1/30/2023) |
| Filing 10 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. (wft, COURT STAFF) (Filed on 1/30/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lenox Corporation.. (Killian, Meghan) (Filed on 1/30/2023) |
| Filing 8 STIPULATION To Extend Time to Respond to Complaint filed by Lenox Corporation. (Killian, Meghan) (Filed on 1/12/2023) |
| Filing 7 SUMMONS Returned Executed by Miguel Esparza. Lenox Corporation served on 12/23/2022, answer due 1/13/2023. (Ferrell, Scott) (Filed on 1/3/2023) |
| Filing 6 Summons Issued as to Lenox Corporation. (dhm, COURT STAFF) (Filed on 12/21/2022) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miguel Esparza.. (Ferrell, Scott) (Filed on 12/21/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/14/2023. Initial Case Management Conference set for 3/21/2023 01:30 PM in Oakland, - To be determined. (dhm, COURT STAFF) (Filed on 12/20/2022) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 1/3/2023. (cv, COURT STAFF) (Filed on 12/20/2022) |
| Filing 2 Proposed Summons. (Ferrell, Scott) (Filed on 12/20/2022) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17839891.). Filed byMiguel Esparza. (Attachments: #1 Civil Cover Sheet)(Ferrell, Scott) (Filed on 12/20/2022) |
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