Fukaya v. Daiso California LLC et al
| Makiko Fukaya |
| Daiso California LLC and Daiso Holding USA Inc. |
| 3:2023cv00099 |
| January 9, 2023 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Thomas S Hixson |
| Tort Product Liability |
| 28 U.S.C. § 1331 Fed. Question: Tort Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 10/30/2023 at 10:00 AM by Zoom.Start time: 10:00 am-End time: 3:00 pm.Digital Recording Time: Not Recorded. Plaintiff: Makiko FukayaPlaintiffs counsel: Ara JabagchourianDefendants representatives: Nick Goodner, Nicole CrimmDefendants counsel: Jeffrey Swedo, Sean FlynnProceeding: Case settled in principle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 10/30/2023) |
| Set/Reset Hearing re Post Settlement Conference: Post Settlement Conference Status hearing scheduled for 2/14/2024 at 10:00 AM in San Francisco, - Zoom Video Conference Only, before Magistrate Judge Thomas S. Hixson. (rmm2, COURT STAFF) (Filed on 10/30/2023) |
| Filing 44 NOTICE of Appearance by Tomiko Ortiz (Ortiz, Tomiko) (Filed on 9/21/2023) |
Filing 43
ORDER by Judge Jacqueline Scott Corley granting #42 Stipulation to Stay Pleadings. FAC is due by November 30, 2023. (ahm, COURT STAFF) (Filed on 8/8/2023)
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| Filing 42 STIPULATION WITH PROPOSED ORDER to Stay Pleadings filed by Daiso California LLC, Daiso Holding USA Inc.. (Flynn, Sean) (Filed on 8/7/2023) |
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Filing 41
STIPULATED PROTECTIVE ORDER. Signed by Judge Jacqueline Scott Corley on July 5, 2023. (ahm, COURT STAFF) (Filed on 7/5/2023)
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| Filing 40 STIPULATION WITH PROPOSED ORDER AND PROTECTIVE ORDER Confidential Designation and Limitation of Production of Records filed by Daiso California LLC, Daiso Holding USA Inc.. (Flynn, Sean) (Filed on 6/30/2023) Modified on 7/3/2023 (kmg, COURT STAFF). |
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Filing 39
Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 10/30/2023 at 10:00 AM in San Francisco, - Zoom Video conference Only. Signed by Magistrate Judge Thomas S. Hixson on 6/16/2023. (rmm2, COURT STAFF) (Filed on 6/17/2023)
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Filing 38
ORDER by Judge Jacqueline Scott Corley granting #37 Stipulation to Stay Pleadings. (ahm, COURT STAFF) (Filed on 6/6/2023)
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| Filing 37 STIPULATION WITH PROPOSED ORDER to Stay Pleadings filed by Daiso California LLC, Daiso Holding USA Inc.. (Flynn, Sean) (Filed on 6/5/2023) |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference re scheduling Settlement Conference held on 6/2/2023 at 1:30 p.m.Digital Recording Time: Not Recorded. Plaintiff Attorney: Ara Jabagchourian. Defendant Attorney: Sean Flynn. Proceedings: Telephone conference held on 6/2/2023 to schedule a date for Settlement Conference. Proposed Settlement Conference dates: 7/18/2023 or 7/24/2023 at 10:00 a.m., By Zoom Video Conference hearing. Counsel shall check with their clients/representatives re which dates or date is available for the Settlement Conference. By COB on 6/5/2023, counsel shall email the Courtroom Deputy, Rose Maher and let her know if the 7/18/2023, or 7/24/2023, dates or which single date is available to schedule the Settlement Conference. Courtroom Deputy email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 6/2/2023) |
| Filing 35 CLERK'S NOTICE CONTINUING TELEPHONE CONFERENCE: The telephone conference presently scheduled for today, 6/1/2023 at 1:30 p.m. is CONTINUED TO: Rescheduled Telephone Conference - 6/2/2023 at 1:30 PM in San Francisco, - Telephonic Only before Magistrate Judge Thomas S. Hixson. Call in Number: 1-888-684-8852/Passcode: 2925506 (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 6/1/2023) |
| Filing 34 CLERK'S NOTICE: Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for: 6/1/2023/2023 @ 1:30 P.M. Counsel shall be prepared to speak about the status of this case and to talk about the Settlement Conference and schedule a date for the Settlement Conference. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 5/12/2023) |
| CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement (mkl, COURT STAFF) (Filed on 5/12/2023) |
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Filing 33
ORDER by Judge Jacqueline Scott Corley granting in part and denying in part #18 Motion to Dismiss. (ahm, COURT STAFF) (Filed on 5/11/2023)
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| Filing 32 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing re #18 Defendants' Motion to Dismiss and Initial Case Management Conference held on 5/11/2023. Defendants' Motion is granted in part and denied in part. The Court will issue a written order. The Court refers this action to a Magistrate Judge for a settlement conference. The timing of the settlement conference to be determined by the assigned magistrate judge and the parties. The parties to submit a stipulation to stay the pleading amendments. (Liberty Recording Time: 10:00-10:10)Attorney for Plaintiff: Ara R. JabagchourianAttorney for Defendants: Sean Flynn (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 5/11/2023) |
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Filing 31
ORDER by Judge Jacqueline Scott Corley denying #30 Motion to Appear by Telephone. All counsel must be present in Courtroom 8 in San Francisco on May 11, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 5/8/2023)
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| Filing 30 Joint MOTION to Appear by Telephone filed by Makiko Fukaya. (Attachments: #1 Proposed Order)(Jabagchourian, Ara) (Filed on 5/4/2023) |
| Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Flynn, Sean) (Filed on 4/27/2023) |
| Filing 28 ERRATA re #25 Reply to Opposition/Response by Daiso California LLC, Daiso Holding USA Inc.. (Flynn, Sean) (Filed on 4/26/2023) |
| Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Jabagchourian, Ara) (Filed on 4/25/2023) |
| Filing 26 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/24/2023) |
| Filing 25 REPLY (re #18 MOTION to Dismiss ) filed byDaiso California LLC, Daiso Holding USA Inc.. (Flynn, Sean) (Filed on 4/20/2023) |
| Filing 24 JOINT CASE MANAGEMENT STATEMENT filed by Makiko Fukaya. (Jabagchourian, Ara) (Filed on 4/14/2023) |
| Filing 23 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ) filed byMakiko Fukaya. (Attachments: #1 Certificate/Proof of Service)(Jabagchourian, Ara) (Filed on 4/13/2023) |
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Filing 22
ORDER by Judge Jacqueline Scott Corley granting #21 Stipulation to Modify Scheduling Order. (ahm, COURT STAFF) (Filed on 4/6/2023)
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| Filing 21 STIPULATION WITH PROPOSED ORDER to Modify Scheduling Order filed by Daiso California LLC, Daiso Holding USA Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Flynn, Sean) (Filed on 4/6/2023) |
| Filing 20 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Please take notice the Initial Case Management Conference set for 4/13/2023 is continued to 5/11/2023 at 10:00 a.m., to coincide with the hearing on Defendants' Motion to Dismiss, in San Francisco, Courtroom 08, 19th Floor. The Joint Case Management Statement is due by 4/6/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 3/31/2023) |
| Set/Reset Deadlines as to #18 MOTION to Dismiss . Motion Hearing reset for 5/11/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Case was reassigned to Judge Corley on 3/24/2023. (ahm, COURT STAFF) (Filed on 3/31/2023) |
| Filing 19 NOTICE by Daiso California LLC, Daiso Holding USA Inc. re #18 MOTION to Dismiss (Flynn, Sean) (Filed on 3/30/2023) |
| Filing 18 MOTION to Dismiss filed by Daiso California LLC, Daiso Holding USA Inc.. Motion Hearing set for 5/11/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 4/13/2023. Replies due by 4/20/2023. (Attachments: #1 Declaration, #2 Request for Judicial Notice, #3 Proposed Order)(Flynn, Sean) (Filed on 3/30/2023) |
| Filing 17 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference is reset for 4/13/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley by a Zoom webinar. Case Management Statement is due by 4/6/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 4/12/2023.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/. (ahm, COURT STAFF) (Filed on 3/24/2023) |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley 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 3/24/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 3/24/2023)
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| Filing 15 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 3/24/2023) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daiso California LLC, Daiso Holding USA Inc... (Flynn, Sean) (Filed on 3/24/2023) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/30/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 3/23/2023) |
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Filing 12
ORDER by Magistrate Judge Thomas S. Hixson granting #11 Stipulation extend time for defendant to respond to complaint. (rmm2, COURT STAFF) (Filed on 3/1/2023)
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| Filing 11 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint filed by Daiso California LLC, Daiso Holding USA Inc.. (Attachments: #1 Proposed Order)(Flynn, Sean) (Filed on 3/1/2023) |
| Filing 10 NOTICE of Appearance by Sean P. Flynn for Defendants (Flynn, Sean) (Filed on 2/14/2023) |
| Filing 9 SUMMONS RETURNED EXECUTED filed by Makiko Fukaya. Daiso California LLC served on January 25, 2023, answer due 2/15/23. (Jabagchourian, Ara) (Filed on 1/26/2023) Modified on 1/26/2023 (mcl, COURT STAFF). |
| Filing 8 SUMMONS RETURNED EXECUTED filed by Makiko Fukaya. Daiso Holding USA Inc. served on January 25, 2023, answer due 2/15/23. (Jabagchourian, Ara) (Filed on 1/26/2023) Modified on 1/26/2023 (mcl, COURT STAFF). |
| #Electronic filing error. Incorrect event used. The correct event is SUMMONS RETURNED EXECUTED. [err101]Corrected by Clerk's Office. No further action is necessary. Re : #8 Affidavit of Service filed by Makiko Fukaya, #9 Affidavit of Service filed by Makiko Fukaya. (mcl, COURT STAFF) (Filed on 1/26/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Makiko Fukaya.. (Jabagchourian, Ara) (Filed on 1/12/2023) |
| Filing 6 Summons Issued as to Daiso California LLC, Daiso Holding USA Inc. (mcl, COURT STAFF) (Filed on 1/11/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/6/2023. Initial Case Management Conference set for 4/13/2023 10:00 AM. (mcl, COURT STAFF) (Filed on 1/11/2023) |
| Filing 4 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 1/25/2023. (as, COURT STAFF) (Filed on 1/11/2023) |
| Filing 3 Proposed Summons. (Jabagchourian, Ara) (Filed on 1/11/2023) |
| Filing 2 Civil Cover Sheet by Makiko Fukaya . (Jabagchourian, Ara) (Filed on 1/11/2023) |
| #Electronic filing error. Incorrect event used. [err101]. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #1 Summons, filed by Makiko FukayaFile summons using event Proposed Summons. Submit one summons listing all defendants, not multiple summons. Attach an additional sheet to summons if needed. (wsn, COURT STAFF) (Filed on 1/11/2023) |
| #Electronic filing error. Use Current Civil Cover Sheet. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Complaint, filed by Makiko Fukaya (as, COURT STAFF) (Filed on 1/10/2023) |
| Filing 1 COMPLAINT Class Action against All Defendants ( Filing fee $ 402, receipt number ACANDC-17882507.). Filed byMakiko Fukaya. (Attachments: #1 Civil Cover Sheet, #2 Summons Daiso California LLC, #3 Summons Daiso Holding USA Inc.)(Jabagchourian, Ara) (Filed on 1/9/2023) |
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