Gonzalez v. Kemp et. al
| Adonis Gonzalez |
| Astra Space, Inc., Chris C. Kemp, Kelyn Brannon, Steven Ednie, Adam London, Michele Flournoy, Michael Lehman, Craig O. McCaw, Lisa Nelson, Scott Stanford, Randy Russell, R. Gerard Salemme, Dennis Weibling, Wayne Perry and Cathleen A. Massey |
| Dean William Drulias |
| 3:2023cv00713 |
| February 17, 2023 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Sallie Kim |
| Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 49
ORDER by Judge Charles R. Breyer: Granting #46 Motion for Pro Hac Vice, Kerry Donovan. (ls, COURT STAFF) (Filed on 3/30/2023)
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Filing 48
ORDER by Judge Charles R. Breyer: Granting #45 Motion for Pro Hac Vice, Matthew L. DiRisio. (ls, COURT STAFF) (Filed on 3/30/2023)
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Filing 47
ORDER by Judge Charles R. Breyer: Granting #44 Motion for Pro Hac Vice, James P. Smith III. (ls, COURT STAFF) (Filed on 3/30/2023)
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| Filing 46 MOTION for leave to appear in Pro Hac Vice for Kerry Donovan ( Filing fee $ 317, receipt number ACANDC-18118497.) filed by Steven Ednie, Cathleen A. Massey, Craig O. McCaw, Wayne Perry, Randy Russell, R. Gerard Salemme, Dennis Weibling. (Donovan, Kerry) (Filed on 3/29/2023) |
| Filing 45 MOTION for leave to appear in Pro Hac Vice for Matthew L. DiRisio ( Filing fee $ 317, receipt number ACANDC-18118466.) filed by Steven Ednie, Cathleen A. Massey, Craig O. McCaw, Wayne Perry, Randy Russell, R. Gerard Salemme, Dennis Weibling. (DiRisio, Matthew) (Filed on 3/29/2023) |
| Filing 44 MOTION for leave to appear in Pro Hac Vice for James P. Smith III ( Filing fee $ 317, receipt number ACANDC-18118426.) filed by Steven Ednie, Cathleen A. Massey, Craig O. McCaw, Wayne Perry, Randy Russell, R. Gerard Salemme, Dennis Weibling. (Smith, James) (Filed on 3/29/2023) |
| Filing 43 NOTICE of Appearance by Jeffrey Steinfeld for Defendants Craig McCaw, Randy Russell, R. Gerard Salemme, Dennis Weibling, Wayne Perry, Cathleen A. Massey, and Steven Ednie (Steinfeld, Jeffrey) (Filed on 3/29/2023) |
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Filing 42
ORDER by Judge Charles R. Breyer: Granting #41 Administrative Motion to exceed page limitation. (ls, COURT STAFF) (Filed on 3/27/2023)
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| Filing 41 ADMINISTRATIVE MOTION Leave to Exceed Page Limitation for Motion to Dismiss and Opposition Thereto filed by Astra Space, Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Cathleen A. Massey, Craig O. McCaw, Lisa Nelson, Wayne Perry, Randy Russell, R. Gerard Salemme, Scott Stanford, Dennis Weibling. Responses due by 3/28/2023. (Attachments: #1 Declaration of Thomas Artakii, #2 Proposed Order)(Vanyo, Bruce) (Filed on 3/24/2023) |
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Filing 40
ORDER by Judge Charles R. Breyer: Granting #38 Motion for Pro Hac Vice, Thomas Artaki. (ls, COURT STAFF) (Filed on 3/24/2023)
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Filing 39
ORDER by Judge Charles R. Breyer: Granting #37 Motion for Pro Hac Vice, Jonathan Rotenberg. (ls, COURT STAFF) (Filed on 3/24/2023)
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| Filing 38 MOTION for leave to appear in Pro Hac Vice for Thomas Artaki ( Filing fee $ 317, receipt number ACANDC-18105433.) filed by Astra Space, Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Lisa Nelson, Scott Stanford. (Artaki, Thomas) (Filed on 3/24/2023) |
| Filing 37 MOTION for leave to appear in Pro Hac Vice for Jonathan Rotenberg ( Filing fee $ 317, receipt number ACANDC-18104909.) filed by Astra Space, Inc., Kelyn Brannon, Steven Ednie, Chris C. Kemp, Adam London. (Rotenberg, Jonathan) (Filed on 3/24/2023) |
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Filing 36
ORDER RELATING CASE. The following cases are related: C22-8875 CRB and C23-0713 CRB. Signed by Judge Charles R. Breyer on 3/17/2023. (ls, COURT STAFF) (Filed on 3/17/2023)
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Filing 35
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Sallie Kim 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 03/16/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 3/16/2023)
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| Filing 34 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. (mkl, COURT STAFF) (Filed on 3/16/2023) |
| Filing 33 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Astra Space, Inc., Kelyn Brannon, Steven Ednie, Chris C. Kemp, Adam London.. (Vanyo, Bruce) (Filed on 3/16/2023) |
| Filing 32 NOTICE by Adonis Gonzalez of Filing of Derivartive Plaintiff's Unopposed Motion to Consider Whether Cases Should Be Related (Moest, Robert) (Filed on 3/15/2023) |
| Filing 31 NOTICE by Astra Space, Inc., Kelyn Brannon, Steven Ednie, Chris C. Kemp, Adam London of Defendants' Administrative Motion to Consider Whether Cases Should Be Related (Attachments: #1 Exhibit A)(Vanyo, Bruce) (Filed on 3/15/2023) |
| Filing 30 NOTICE of Appearance by Robert Charles Moest (Moest, Robert) (Filed on 2/28/2023) |
| Filing 29 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/15/2023. Initial Case Management Conference set for 5/22/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (dhm, COURT STAFF) (Filed on 2/17/2023) |
| Filing 28 Case transferred in from District of New York Eastern; Case Number 1:22-cv-02401. Original file certified copy of transfer order and docket sheet received. |
| Filing 27 TRANSFER ORDER: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows: 1. The New Defendants (together with the Original Defendants, "Defendants") hereby accept service of the Amended Complaint. <<. The above-captioned Derivative Action shall be, and hereby is, transferred to theUnited States District Court for the Northern District of California, pursuant to 28 U.S.C. 1404(a). 3. The Original Defendants February 15, 2023 deadline to respond to Plaintiffs Amended Complaint shall be, and hereby is, held in abeyance pending this Derivative Actions transfer to the Northern District of California; 4. The Defendants shall answer, move, or otherwise respond to the Amended Complaint within 60 days after this Derivative Action is docketed in the Northern District of California; 5. Plaintiff shall file any opposition to the Defendants anticipated motion to dismiss within 60 days thereof; 6. The Defendants shall file any reply in further support of their motion to dismiss within 30 days of Plaintiff filing of his opposition; and 7. In the event that any of the Defendants seek to stay the Derivative Action or any proceedings thereof, the earliest date at which they may do so shall be the same date that they move to dismiss the Amended Complaint pursuant to Rules 12(b)(6) and 23.1 of the Federal Rules of Civil Procedure pursuant to paragraph 4 above. Case transferred to District of Northern District of California. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. See Order for details. Ordered by Judge Eric N. Vitaliano on 2/14/2023. (JT) |
| Filing 26 STIPULATION and Proposed Order to Transfer Venue and Amend Schedule, Filed by Astra Space Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Lisa Nelson, Scott Stanford (Rotenberg, Jonathan) |
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ORDER: Plaintiff is directed to respond, pursuant to the Court's individual rules, to defendant's motion for a pre-motion conference #25 no later than 2/9/2023. Ordered by Judge Eric N. Vitaliano on 2/3/2023. (SW)
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| Filing 25 Letter MOTION for pre motion conference by Astra Space Inc.. (Rotenberg, Jonathan) |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by Adonis Gonzalez. (Brown, Timothy) |
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ORDER. The joint proposed briefing schedule at #23 is adopted. Proposed Intervenor shall serve his opening papers by 1/11/2023. Plaintiff and defendants shall serve their answering papers, if any, by 2/10/2023. Proposed Intervenor shall serve his reply papers by 2/20/2023, at which point he shall file the fully briefed motion on ECF in accordance with Individual Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 1/10/2023. (SW)
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| Filing 23 Letter regarding proposed briefing schedule for Motion to Intervene by Dean William Drulias (Novod, Gordon) |
| Filing 22 NOTICE of Appearance by Gordon Zachary Novod on behalf of Dean William Drulias (aty to be noticed) (Novod, Gordon) |
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ORDER granting #21 First MOTION to Appear Pro Hac Vice. Attorney Paul Satoshi Yong is granted permission to appear pro hac vice on behalf of Defendants Astra Space Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Craig O. McCaw, Lisa Nelson, and Scott Stanford. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/h e receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 6/27/2022. (Castro, Ricardo)
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| Filing 21 MOTION to Appear Pro Hac Vice For Paul S. Yong, Filing fee $ 150, receipt number ANYEDC-15665248. by Astra Space Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Craig O. McCaw, Lisa Nelson, Scott Stanford. (Attachments: #1 Exhibit A - Affidavit Of Paul S. Yong In Support; With Certificate Of Good Standing, #2 Exhibit B - Proposed Order) (Yong, Paul) |
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 06/14/2022 before Magistrate Judge Marcia M. Henry. Timothy Brown appeared on behalf of Plaintiff. Jonathan Rotenberg appeared on behalf of the Defendants. As stated on the record, the Clerk of Court is respectfully requested to amend the case caption to "Gonzalez v. Kemp et. al." to reflect that Astra Space Inc. is a nominal defendant in this action. Additionally, counsel for Defendant Astra Space Inc. confirmed that they represent all Defendants in this action.The Court heard oral argument on Defendants' letter at ECF No. #18 asking the Court to reconsider its 06/02/2022 Order and denied the application for the reasons stated on the record. Plaintiff shall be permitted to amend his complaint within 30 days of the filing of the amended in Artery v. Astra Space Inc., et al., 22-cv-00737-DG-MMH given the liberal standard under Fed. R. Civil P. 15(a)(2). So Ordered by Magistrate Judge Marcia M. Henry on 06/14/2022. (AT&T Log # 11:30AM-11:56AM) (Castro, Ricardo)
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RESCHEDULING ORDER: Due to a change in the Court's calendar, the telephone status conference originally scheduled for 06/14/2022 at 11:00AM is adjourned to 06/14/2022 at 11:30AM. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 6/09/2022. (Gans, Courtney)
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SCHEDULING ORDER: A telephone status conference is scheduled for 06/14/2022 at 11:00AM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 06/09/2022. (Gans, Courtney)
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| Filing 20 RESPONSE in Opposition re #17 Letter MOTION for pre motion conference filed by Adonis Gonzalez. (Brown, Timothy) |
| Filing 19 REPLY in Opposition re #18 Letter, filed by Adonis Gonzalez. (Brown, Timothy) |
| Filing 18 Letter From Jonathan A. Rotenberg To The Hon. Marcia M. Henry, Dated 6/2/22, In Response To The Court's Order Of June 2, 2022 And Plaintiff's Letter Motion Dated May 27, 2022, Filed by Astra Space Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Craig O. McCaw, Lisa Nelson, Scott Stanford (Rotenberg, Jonathan) |
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ORDER: The Court is in receipt of Plaintiff's letter at #16 requesting that the Court (1) vacate the current 06/06/2022 deadline for Defendants to respond to the Complaint; (2) allowing Plaintiff leave to file an amended complaint within 30 days of the amended complaint being filed in Artery v. Astra Space Inc., et al., 1:22-cv-00737-DG-MMH and (3) issue an order setting a deadline for Defendants to respond only to the amended complaint in this action. Plaintiff's request is granted in part and denied in part:(1) The request for the Court to vacate its 05/26/2021 Order is denied. (2) Plaintiff's request for leave to file an amended complaint within 30 days of the amended complaint being filed in Artery v. Astra Space Inc., et al., 1:22-cv-00737-DG-MMH is granted. Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires.")(3) The request for the Court to set a deadline for Defendants to only answer the amended complaint is denied. Defendants shall file their amended answer within 21 days of service of the Amended Complaint.If Plaintiff seeks a stay of these proceedings during the pendency of Artery v. Astra Space Inc., et al., 1:22-cv-00737-DG-MMH, they must do so by filing an appropriate motion to the Honorable Eric N. Vitaliano with legal authority supporting the request. So Ordered by Magistrate Judge Marcia M. Henry on 06/02/2022. (Gans, Courtney)
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| Filing 17 Letter MOTION for pre motion conference by Astra Space Inc., Kelyn Brannon, Steven Ednie, Michele Flournoy, Chris C. Kemp, Michael Lehman, Adam London, Craig O. McCaw, Lisa Nelson, Scott Stanford. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rotenberg, Jonathan) |
| Filing 16 Letter re Amending Complaint, Coordination and Response Deadlines by Adonis Gonzalez (Brown, Timothy) |
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ORDER GRANTING #13 Motion for Extension of Time to Answer. The deadline for Defendant Astra Space Inc. to answer or otherwise respond to the Complaint is extended to 06/06/2022. If Plaintiff seeks to consolidate this action with Artery v. Astra Space Inc., et al., 1:22-cv-00737-DG-MMH (E.D.N.Y.), he may make such a motion with the appropriate district judge. So Ordered by Magistrate Judge Marcia M. Henry on 05/26/2022. (Gans, Courtney)
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| Filing 15 RESPONSE to Motion re #13 Letter MOTION for Extension of Time to File Response to the Complaint; Filed filed by Adonis Gonzalez. (Attachments: #1 Exhibit #1, #2 Exhibit #2) (Brown, Timothy) |
| Filing 14 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Brown, Timothy) |
| Filing 13 Letter MOTION for Extension of Time to File Response to the Complaint; Filed by Astra Space Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Rotenberg, Jonathan) |
| Filing 12 Corporate Disclosure Statement by Astra Space Inc. (Rotenberg, Jonathan) |
| Filing 11 NOTICE of Appearance by Jonathan Rotenberg on behalf of Astra Space Inc. (aty to be noticed) (Rotenberg, Jonathan) |
| Filing 10 NOTICE of Appearance by Bruce G. Vanyo on behalf of Astra Space Inc. (aty to be noticed) (Vanyo, Bruce) |
| Filing 9 NOTICE of Appearance by Caroline Sabatier on behalf of Astra Space Inc. (aty to be noticed) (Sabatier, Caroline) |
| Filing 8 SUMMONS Returned Executed by Adonis Gonzalez. Astra Space Inc. served on 4/29/2022, answer due 5/20/2022. (Brown, Timothy) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 4 Proposed Summons. Re #1 Complaint by Adonis Gonzalez (Brown, Timothy) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Adonis Gonzalez (Brown, Timothy) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Adonis Gonzalez (Brown, Timothy) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15513301 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Adonis Gonzalez. (Brown, Timothy) |
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