Carroll v. Chick-fil-a, Inc. et al
| Keith Carroll and Rebeka Rodriguez |
| Chick-fil-a, Inc. |
| United States of America |
| 4:2023cv00314 |
| January 22, 2023 |
| US District Court for the Northern District of California |
| Lisa J Cisneros |
| Yvonne Gonzalez Rogers |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 54 CLERK'S NOTICE. You are hereby notified that the Motion Hearing previously set for 10/31/2023 is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eac, COURT STAFF) (Filed on 10/26/2023) |
| Filing 53 OPPOSITION/RESPONSE (re #47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof ) filed byUnited States of America. (Vigen, Leslie) (Filed on 10/24/2023) |
| Filing 52 NOTICE of Appearance by Clayton Louis Bailey (Bailey, Clayton) (Filed on 10/24/2023) |
| Set Deadlines as to #47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof. United States Response due by 10/24/2023. (eac, COURT STAFF) (Filed on 10/17/2023) |
Filing 51
Order granting in part and denying in part #48 Stipulation. The United States may have until October 24, 2023 to file its brief. However, the balance of the proposed schedule does not make sense and is denied. If needed, the parties may file a revised stipulation. Entered by Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 50 REPLY (re #47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof ) filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Lukitsch, Bethany) (Filed on 10/13/2023) |
| Filing 49 OPPOSITION/RESPONSE (re #47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof ) filed byKeith Carroll. (Ferrell, Scott) (Filed on 10/6/2023) |
| Filing 48 STIPULATION WITH PROPOSED ORDER re #47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof filed by United States of America. (Attachments: #1 Declaration of Leslie Cooper Vigen)(Vigen, Leslie) (Filed on 10/5/2023) |
| Filing 47 MOTION to Dismiss and Rule 12(B)(6) Motion to Dismiss Plaintiff's First Amended Class Action Complaint and Response to U.S. Brief in Support of Constitutionality of VPPA; and Memorandum of Points and Authorities in Support Thereof filed by Chick-fil-a, Inc.. Motion Hearing set for 10/31/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 10/6/2023. Replies due by 10/13/2023. (Attachments: #1 Proposed Order)(Lukitsch, Bethany) (Filed on 9/22/2023) |
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Filing 46
ORDER DENYING MOTION TO TRANSFER; GRANTING MOTION FOR EARLY DISCOVERY; DENYING MOTION TO DISMISS WITHOUT PREJUDICE by Judge Yvonne Gonzalez Rogers Denying #20 Motion to Dismiss; Denying #24 Motion to Transfer Case; Granting #30 Motion for Discovery; Granting #34 Stipulation; Denying as Moot #38 Motion for Leave to File. (eac, COURT STAFF) (Filed on 9/7/2023)
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| Set Deadlines Re: #46 ORDER DENYING MOTION TO TRANSFER; GRANTING MOTION FOR EARLY DISCOVERY; DENYING MOTION TO DISMISS WITHOUT PREJUDICE. Plaintiffs shall provide defendant with Rodriguezs email address(es) and any information relevant to any One Membership accounts created by Rodriguez by 9/12/2023. (eac, COURT STAFF) (Filed on 9/7/2023) |
| Filing 45 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #20 , #32 ) (Lukitsch, Bethany) (Filed on 9/1/2023) |
| Filing 44 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #20 , #32 ) (Lukitsch, Bethany) (Filed on 8/8/2023) |
| Filing 43 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #20 , #32 ) (Lukitsch, Bethany) (Filed on 7/19/2023) |
| Filing 42 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #32 , #20 ) (Lukitsch, Bethany) (Filed on 7/12/2023) |
| Filing 41 REPLY (re #20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof, #38 MOTION for Leave to File a Response to the United States' Memorandum in Support of the Constitutionality of the Video Privacy Protection Act ) filed byChick-fil-a, Inc.. (Lukitsch, Bethany) (Filed on 7/11/2023) |
| Filing 40 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #32 , #20 ) (Lukitsch, Bethany) (Filed on 7/7/2023) |
| Filing 39 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChick-fil-a, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #32 , #20 ) (Lukitsch, Bethany) (Filed on 7/6/2023) |
| Filing 38 MOTION for Leave to File a Response to the United States' Memorandum in Support of the Constitutionality of the Video Privacy Protection Act filed by Chick-fil-a, Inc.. (Attachments: #1 Proposed Order)(Lukitsch, Bethany) (Filed on 6/23/2023) |
| Filing 37 CLERK'S NOTICE. You are hereby notified that the motion hearing Re: #30 Motion for Discovery re Limited, Early Discovery to Determine Arbitrability of Plaintiff's Claim set for 6/27/2023 is vacated. The Court will reschedule the motion hearing if necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eac, COURT STAFF) (Filed on 6/20/2023) |
| Filing 36 NOTICE by United States of America of Intervention (Attachments: #1 Exhibit Memorandum in Support of the Constitutionality of the Video Privacy Protection Act)(Vigen, Leslie) (Filed on 6/20/2023) |
| Filing 35 NOTICE of Appearance by Leslie Cooper Vigen (Vigen, Leslie) (Filed on 6/20/2023) |
| Filing 34 STIPULATION WITH PROPOSED ORDER re #30 MOTION for Discovery re Limited, Early Discovery to Determine Arbitrability of Plaintiff's Claim filed by Chick-fil-a, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Lukitsch, Bethany) (Filed on 6/13/2023) |
| Filing 33 REPLY (re #30 MOTION for Discovery re Limited, Early Discovery to Determine Arbitrability of Plaintiff's Claim ) filed byChick-fil-a, Inc.. (Lukitsch, Bethany) (Filed on 6/12/2023) |
| Filing 32 REPLY (re #20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof ) filed byChick-fil-a, Inc.. (Lukitsch, Bethany) (Filed on 6/8/2023) |
| Filing 31 OPPOSITION/RESPONSE (re #30 MOTION for Discovery re Limited, Early Discovery to Determine Arbitrability of Plaintiff's Claim ) filed byKeith Carroll. (Attachments: #1 Declaration of S. Ferrell)(Ferrell, Scott) (Filed on 6/5/2023) |
| Filing 30 MOTION for Discovery re Limited, Early Discovery to Determine Arbitrability of Plaintiff's Claim filed by Chick-fil-a, Inc.. Motion Hearing set for 6/27/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 6/5/2023. Replies due by 6/12/2023. (Attachments: #1 Declaration of Kevin Purcer, #2 Proposed Order Proposed Order)(Lukitsch, Bethany) (Filed on 5/22/2023) |
| Filing 29 OPPOSITION/RESPONSE (re #20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof ) filed byKeith Carroll, Rebeka Rodriguez. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to RJN, #3 Exhibit 2 to RJN)(Ferrell, Scott) (Filed on 5/18/2023) |
| Filing 28 REPLY (re #24 MOTION to Transfer Case ) filed byChick-fil-a, Inc.. (Lukitsch, Bethany) (Filed on 5/12/2023) |
| Filing 27 OPPOSITION/RESPONSE (re #24 MOTION to Transfer Case ) filed byRebeka Rodriguez. (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 Rodriguez, #5 Declaration of K. Carroll, #6 Request for Judicial Notice, #7 Exhibit 1 to RJN, #8 Exhibit 2 to RJN)(Ferrell, Scott) (Filed on 5/5/2023) |
| Motion terminated as moot re #12 MOTION to Dismiss Plaintiffs Class Action Complaint filed by Chick-fil-a, Inc. Amended complaint filed on 4/4/2023. (eac, COURT STAFF) (Filed on 5/4/2023) |
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Filing 26
Order by Judge Yvonne Gonzalez Rogers Granting #25 Stipulation Re: #20 Motion to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof. Replies due by 6/8/2023. Responses due by 5/18/2023. (eac, COURT STAFF) (Filed on 5/1/2023)
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| Filing 25 STIPULATION WITH PROPOSED ORDER re #20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof filed by Chick-fil-a, Inc.. (Attachments: #1 Proposed Order Granting Stipulation Regarding Briefing Schedule and Argument on Defendants Rule 12(b)(6) Motion to Dismiss Plaintiffs First Amended Class Action Complaint)(Lukitsch, Bethany) (Filed on 4/21/2023) |
| Filing 24 MOTION to Transfer Case filed by Chick-fil-a, Inc.. Motion Hearing set for 5/30/2023 02:00 PM before Judge Yvonne Gonzalez Rogers. Responses due by 5/5/2023. Replies due by 5/12/2023. (Attachments: #1 Declaration of Dustin Britt, #2 Declaration of Kevin Purcer, #3 Proposed Order on Defendant's 28 U.S.C. 1404(a) Motion to Transfer)(Lukitsch, Bethany) (Filed on 4/21/2023) |
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Filing 23
ORDER GRANTING #22 Motion for Pro Hac Vice by Judge Yvonne Gonzalez Rogers. (eac, COURT STAFF) (Filed on 4/21/2023)
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| Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18190160.) filed by Chick-fil-a, Inc.. (Griswold, Joel) (Filed on 4/20/2023) |
| Filing 21 NOTICE by Chick-fil-a, Inc. re #20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof (Lukitsch, Bethany) (Filed on 4/18/2023) |
| Filing 20 MOTION to Dismiss Plaintiffs First Amended Class Action Complaint; and Memorandum of Points and Authorities In Support Thereof filed by Chick-fil-a, Inc.. Motion Hearing set for 6/27/2023 02:00 PM before Judge Yvonne Gonzalez Rogers. Responses due by 5/2/2023. Replies due by 5/9/2023. (Attachments: #1 Proposed Order on Defendant's Motion to Dismiss Plaintiff's First Amended Class Action Complaint)(Lukitsch, Bethany) (Filed on 4/18/2023) |
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Filing 19
ORDER GRANTING #17 STIPULATION TO CONTINUE RULE 26(F) CONFERENCE, RULE 26(F) REPORT, AND INITIAL CASE MANAGEMENT CONFERENCE by Judge Yvonne Gonzalez Rogers . Submission of a Rule 26(f) Report, exchange of initial disclosures, and the initial case management conference are vacated and will be reset upon a ruling on the motion to dismiss. (eac, COURT STAFF) (Filed on 4/10/2023). Modified on 4/11/2023 to edit docket text (eac, COURT STAFF).
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| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lukitsch, Bethany) (Filed on 4/5/2023) |
| Filing 17 STIPULATION WITH PROPOSED ORDER Granting Stipulation to Continue Rule 26(f) Conference, Rule 26(f) Report, and Initial Case Management Conference filed by Chick-fil-a, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Continue Rule 26(f) Conference, Rule 26(f) Report, and Initial Case Management Conference)(Lukitsch, Bethany) (Filed on 4/5/2023) |
| Filing 16 Certificate of Interested Entities by Chick-fil-a, Inc. (Lukitsch, Bethany) (Filed on 4/4/2023) |
| Filing 15 AMENDED COMPLAINT against All Defendants. Filed byKeith Carroll, Rebeka Rodriguez. (Ferrell, Scott) (Filed on 4/4/2023) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Keith Carroll. Service waived by Chick-fil-a, Inc. waiver sent on 1/24/2023, answer due 3/27/2023. (Ferrell, Scott) (Filed on 3/25/2023) |
| Filing 13 NOTICE by Chick-fil-a, Inc. re #12 MOTION to Dismiss Plaintiffs Class Action Complaint (Attachments: #1 Exhibit A Defendant's Motion to Dismiss Plaintiff's Class Action Complaint and Memorandum of Points and Authorities In Support Thereof)(Lukitsch, Bethany) (Filed on 3/24/2023) |
| Filing 12 MOTION to Dismiss Plaintiffs Class Action Complaint filed by Chick-fil-a, Inc.. Motion Hearing set for 5/30/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 4/7/2023. Replies due by 4/14/2023. (Attachments: #1 Proposed Order on Defendant's Motion to Dismiss Plaintiff's Class Action Complaint)(Lukitsch, Bethany) (Filed on 3/24/2023) |
| Filing 11 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 5/1/2023. Initial Case Management Conference set for 5/8/2023 at 02:00 PM - Videoconference Only. 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/ygr 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.) (kc, COURT STAFF) (Filed on 3/15/2023) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Lisa J. Cisneros 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 03/15/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 3/15/2023)
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| 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. (bns, COURT STAFF) (Filed on 3/15/2023) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chick-fil-a, Inc... (Lukitsch, Bethany) (Filed on 3/14/2023) |
| Filing 7 Summons Issued as to Chick-fil-a, Inc.. (dhm, COURT STAFF) (Filed on 1/23/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/20/2023. Initial Case Management Conference set for 4/27/2023 01:30 PM in San Francisco, Courtroom D, 15th Floor. (dhm, COURT STAFF) (Filed on 1/23/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Keith Carroll.. (Ferrell, Scott) (Filed on 1/23/2023) |
| Filing 4 Case assigned to Magistrate Judge Lisa J. Cisneros. 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 2/6/2023. (bw, COURT STAFF) (Filed on 1/23/2023) |
| Filing 3 AMENDED Civil Cover Sheet by Keith Carroll. Amendment to Electronic Filing Error . (Ferrell, Scott) (Filed on 1/23/2023) Modified text on 1/24/2023 (dhm, COURT STAFF). |
| Electronic Filing Error: Clerk can not randomly assign case due to Nature of Suit Selections. Case opened in ECF using the Nature of Suit selection of 440 (Civil Rights:Other), however, Nature of Suit selection on Civil Cover Sheet is 890 (Other Statuary Actions). Please File Amended Civil Cover Sheet as separate docket entry with Correct Nature of Suit Selection re : #1 . #1 Civil Cover Sheet filed by Keith Carroll (bw, COURT STAFF) (Filed on 1/23/2023) |
| *** Consent/Declination Deadline terminated, See Docket No. #5 .*** (bns, COURT STAFF) (Filed on 1/23/2023) |
| Filing 2 Proposed Summons. (Ferrell, Scott) (Filed on 1/22/2023) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17917686.). Filed byKeith Carroll. (Attachments: #1 Civil Cover Sheet)(Ferrell, Scott) (Filed on 1/22/2023) |
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