Moon v. Generac Power Systems, Inc. et al
Plaintiff: Dustin Moon
Defendant: Generac Power Systems, Inc. and Generac Holdings, Inc.
Case Number: 3:2022cv09183
Filed: December 30, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Susan van Keulen
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2023 Filing 18 NOTICE by Generac Holdings, Inc., Generac Power Systems, Inc. of Pendency of Other Actions or Proceedings (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Hansen, Elspeth) (Filed on 2/27/2023)
February 27, 2023 Filing 17 Request for Judicial Notice re #16 MOTION to Dismiss filed byGenerac Power Systems, Inc.. (Attachments: #1 Declaration of Derek Schoeberle, #2 Exhibit A to Schoeberle Declaration, #3 Proposed Order)(Related document(s) #16 ) (Hansen, Elspeth) (Filed on 2/27/2023)
February 27, 2023 Filing 16 MOTION to Dismiss filed by Generac Holdings, Inc., Generac Power Systems, Inc.. Motion Hearing set for 4/28/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 3/13/2023. Replies due by 3/20/2023. (Attachments: #1 Proposed Order)(Hansen, Elspeth) (Filed on 2/27/2023)
January 25, 2023 Filing 15 STIPULATION /Joint Stipulation for Extension of Time for Defendants to Respond to Complaint filed by Generac Holdings, Inc., Generac Power Systems, Inc.. (Hansen, Elspeth) (Filed on 1/25/2023)
January 25, 2023 Filing 14 Certificate of Interested Entities by Generac Holdings, Inc., Generac Power Systems, Inc. (Hansen, Elspeth) (Filed on 1/25/2023)
January 25, 2023 Filing 13 NOTICE of Appearance by Elspeth Victoria Hansen (Hansen, Elspeth) (Filed on 1/25/2023)
January 4, 2023 Filing 12 CLERK'S NOTICE: A Joint Case Management Statement due by 4/14/2023. Initial Case Management Conference set for 4/21/2023 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 1/4/2023)
January 4, 2023 Filing 11 Case REASSIGNED to Judge Charles R. Breyer. J. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 1/4/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 1/4/2023)
January 4, 2023 Filing 10 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 1/4/2023)
January 3, 2023 Filing 9 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. (jhf, COURT STAFF) (Filed on 1/3/2023)
January 3, 2023 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dustin Moon.. (Kershaw, William) (Filed on 1/3/2023)
January 3, 2023 Filing 7 Summons Issued as to Generac Holdings, Inc., Generac Power Systems, Inc. (sfb, COURT STAFF) (Filed on 1/3/2023)
December 30, 2022 Filing 6 Proposed Summons. (Kershaw, William) (Filed on 12/30/2022)
December 30, 2022 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/28/2023. Initial Case Management Conference set for 4/4/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (sfb, COURT STAFF) (Filed on 12/30/2022)
December 30, 2022 Filing 4 Case assigned to Magistrate Judge Susan van Keulen. 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 1/13/2023. (cv, COURT STAFF) (Filed on 12/30/2022)
December 30, 2022 Filing 3 Certificate of Interested Entities by Dustin Moon (Kershaw, William) (Filed on 12/30/2022)
December 30, 2022 Filing 2 Proposed Summons. (Kershaw, William) (Filed on 12/30/2022)
December 30, 2022 Filing 1 COMPLAINT against Generac Holdings, Inc., Generac Power Systems, Inc. ( Filing fee $ 402, receipt number ACANDC-17860765.). Filed byDustin Moon. (Attachments: #1 Civil Cover Sheet)(Kershaw, William) (Filed on 12/30/2022)
December 30, 2022 #Electronic filing error. *The Court Will Not Issue a Blank Summons* This filing will not be processed by the clerks office.Please re-file in its entirety adding the Name and Ad dress of Defendants to be served. Re: #2 Proposed Summons filed by Dustin Moon (sfb, COURT STAFF) (Filed on 12/30/2022)

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Plaintiff: Dustin Moon
Represented By: William A. Kershaw
Represented By: Ian James Barlow
Represented By: Stuart C. Talley
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Defendant: Generac Power Systems, Inc.
Represented By: Elspeth Victoria Hansen
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Defendant: Generac Holdings, Inc.
Represented By: Elspeth Victoria Hansen
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