Smith-Washington v. TaxAct, Inc.
| Nicolas C. Smith-Washington, Joyce Mahoney, Jonathan Ames and Jenny Lewis |
| TaxAct, Inc. |
| 3:2023cv00830 |
| February 23, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 91 CLERK'S NOTICE RE #89 . #68 MOTION to Compel Arbitration and Stay Proceedings Hearing reset to 11/30/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/17/2023) |
Filing 90
Order by Judge Vince Chhabria granting #87 Stipulation to Continue Deadline for Initial Disclosures. Opening Reports due by 12/14/2023. (bxs, COURT STAFF) (Filed on 10/17/2023)
|
|
Filing 89
Order by Judge Vince Chhabria granting #88 Stipulation to Continue the Hearing Date for Defendant's Motion To Compel Arbitration and Stay Case. (bxs, COURT STAFF) (Filed on 10/17/2023)
|
| Filing 88 STIPULATION WITH PROPOSED ORDER to Continue the Hearing Date for Defendant's Motion To Compel Arbitration and Stay Case filed by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 10/16/2023) |
| Filing 87 STIPULATION WITH PROPOSED ORDER to Continue Deadline for Initial Disclosures filed by TaxAct, Inc.. (Attachments: #1 Declaration of Sheila A.G. Armbrust in Support of Stipulation to Continue Deadline for Initial Disclosures)(Armbrust, Sheila) (Filed on 10/11/2023) |
| Filing 86 CLERK'S NOTICE re #85 . #68 MOTION to Compel Arbitration and Stay Proceedings reset to 11/16/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/2/2023) |
|
Filing 85
Order by Judge Vince Chhabria granting #84 Stipulation to Continue the Hearing Date for Defendant's Motion To Compel Arbitration and Stay Case. (bxs, COURT STAFF) (Filed on 10/2/2023)
|
| Filing 84 STIPULATION WITH PROPOSED ORDER to Continue the Hearing Date for Defendant's Motion To Compel Arbitration and Stay Case filed by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Attachments: #1 Declaration of Christina Tusan In Support of Joint Stipulation)(Cherniak, Ari) (Filed on 9/29/2023) |
| Filing 83 CLERK'S NOTICE CONTINUING 9/21/2023 MOTION HEARING. #68 MOTION to Compel Arbitration and Stay Proceedings Hearing reset to 10/5/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 9/12/2023) |
| Filing 82 REPLY in Support (re #68 MOTION to Compel Arbitration and Stay Proceedings ) and Response re #80 Plaintiffs' Evidentiary Objections filed by TaxAct, Inc.. (Attachments: #1 Declaration Of Mark Jaeger in Support of TaxActs Reply in Support of Motion to Compel Arbitration and Stay Proceedings and Response to Plaintiffs Evidentiary Objections, and Certifying Records Pursuant to Federal Rules of Evidence 803(6) and 902(11), #2 Exhibit A - Jaeger - JAMS Streamlined Rules, #3 Declaration Of Chitra Goel Certifying Records Pursuant to Federal Rules of Evidence 803(6) and 902(11) in Support of TaxActs Reply in Support of Motion to Compel Arbitration and Stay Proceedings and Response to Plaintiffs Evidentiary Objections, #4 Declaration Of Chuck Kroemer Certifying Records Pursuant to Federal Rules of Evidence 803(6) and 902(11) in Support of TaxActs Reply in Support of Motion to Compel Arbitration and Stay Proceedings and Response to Plaintiffs Evidentiary Objections, #5 Declaration Of Nicholas Zabokrtsky in Support of Motion to Compel Arbitration and Stay Proceedings and Response to Plaintiffs Evidentiary Objections, #6 Exhibit A - Zabokrtsky - Conversant Tag Manager Email, #7 Exhibit B - Zabokrtsky - Meta Pixel Deployment Screenshot)(Armbrust, Sheila) (Filed on 9/7/2023) |
| Filing 81 NOTICE of Appearance by Warren D. Postman (Postman, Warren) (Filed on 8/30/2023) |
| Filing 80 OBJECTIONS to re #68 MOTION to Compel Arbitration and Stay Proceedings by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 8/29/2023) |
| Filing 79 OPPOSITION/RESPONSE (re #68 MOTION to Compel Arbitration and Stay Proceedings ) filed byJonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Attachments: #1 Declaration of Polina Brandler, #2 Exhibit Brandler Decl. Exhibit 1 - JAMS Demand for Arbitration, #3 Exhibit Brandler Decl. Exhibit 2 - Frank-White Declaration, #4 Exhibit Brandler Decl. Exhibit 3 - Zabortsky Depo, #5 Exhibit Brandler Decl. Exhibit 4 Part 1 - Jaeger Depo Transcript, #6 Exhibit Brandler Decl. Exhibit 4 Part 2 - Jaeger Depo Exhibit, #7 Exhibit Brandler Decl. Exhibit 4 Part 3 - Jaeger Depo Exhibit.pdf, #8 Exhibit Brandler Decl. Exhibit 4 Part 4 - Jaeger Depo Exhibit, #9 Declaration of Jenny Lewis, #10 Declaration of Jonathan Ames, #11 Declaration of Joyce Mahoney, #12 Declaration of Nicholas Smith-Washington, #13 Request for Judicial Notice, #14 Exhibit Request for Judicial Notice Exhibit 1 - Senate Report)(Cherniak, Ari) (Filed on 8/29/2023) |
|
Filing 78
Order by Judge Vince Chhabria granting #77 Administrative Motion for Approval to File a Separate Evidentiary Objection or, in the Alternative, to Increase the Page Limit for Plaintiffs' Opposition. (bxs, COURT STAFF) (Filed on 8/29/2023)
|
| Filing 77 ADMINISTRATIVE MOTION for Approval to File a Separate Evidentiary Objection or, in the Alternative, to Increase the Page Limit for Plaintiffs' Opposition filed by Nicolas C. Smith-Washington. Responses due by 8/22/2023. (Attachments: #1 Declaration of Christina Tusan In Support of Administrative Motion)(Cherniak, Ari) (Filed on 8/18/2023) |
|
Filing 76
Order by Judge Vince Chhabria granting #74 Stipulated Protective Order. (bxs, COURT STAFF) (Filed on 8/2/2023)
|
| Filing 75 Transcript of Proceedings held on 6/30/23, before Judge Vince Chhabria. Court Reporter/Transcriber Access Transcripts, telephone number (855) 873-2223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #70 Transcript Order ) Redaction Request due 8/21/2023. Redacted Transcript Deadline set for 8/31/2023. Release of Transcript Restriction set for 10/30/2023. (Related documents(s) #70 ) (Watson, Ilene) (Filed on 7/31/2023) |
| Filing 74 STIPULATION WITH PROPOSED ORDER re Protective Order filed by TaxAct, Inc.. (Attachments: #1 Exhibit 1 - Redline)(Armbrust, Sheila) (Filed on 7/25/2023) |
| Filing 73 CLERK'S NOTICE re #72 . Responses due by 8/29/2023. Replies due by 9/7/2023. #68 MOTION to Compel Arbitration and Stay Proceedings Hearing set for 9/21/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 7/21/2023) |
|
Filing 72
Order by Judge Vince Chhabria granting #69 Stipulation on Briefing Schedule and Hearing for Motion to Compel Arbitration and Stay Proceedings. (bxs, COURT STAFF) (Filed on 7/21/2023)
|
| Filing 71 TRANSCRIPT ORDER for proceedings held on June 30, 2023 before Judge Vince Chhabria by TaxAct, Inc., for Court Reporter not listed - San Francisco. (Armbrust, Sheila) (Filed on 7/13/2023) |
| Filing 70 TRANSCRIPT ORDER for proceedings held on June 30, 2023 before Judge Vince Chhabria by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington, for Court Reporter not listed - San Francisco. (Cherniak, Ari) (Filed on 7/13/2023) |
| Filing 69 STIPULATION WITH PROPOSED ORDER on Briefing Schedule and Hearing for Motion to Compel Arbitration and Stay Proceedings filed by TaxAct, Inc.. (Attachments: #1 Declaration of Sheila A.G. Armbrust in Support of Stipulation on Briefing Schedule and Hearing for Motion to Compel Arbitration and Stay Proceedings)(Armbrust, Sheila) (Filed on 7/12/2023) |
| Filing 68 MOTION to Compel Arbitration and Stay Proceedings filed by TaxAct, Inc.. Motion Hearing set for 9/21/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/26/2023. Replies due by 8/2/2023. (Attachments: #1 Declaration of Mark Jaeger in Support of Defendant TaxAct, Inc.s Motion to Compel Arbitration and Stay Proceedings, #2 Exhibit A - Table of Consents, #3 Exhibit B - TaxAct 2017 Terms of Service, #4 Exhibit C - TaxAct 2020 Terms of Service, #5 Exhibit D - Account Creation Screenshots, #6 Exhibit E - Account Sign In Page Screenshots, #7 Exhibit F - E-File Submission Screenshots, #8 Exhibit G - Print Submission Screenshots, #9 Exhibit H - Code Snippets, #10 Exhibit I - Internal Electronic Records System - Smith-Washington, #11 Exhibit J - Account Activity Log - Smith-Washington, #12 Exhibit K - Internal Electronic Records System Mahoney, #13 Exhibit L - Account Activity Log Mahoney, #14 Exhibit M - Internal Electronic Records System Ames, #15 Exhibit N - Account Activity Log Ames, #16 Exhibit O - Internal Electronic Records System Lewis, #17 Exhibit P - Account Activity Log Lewis, #18 Exhibit Q - Joint-Filing Screenshot, #19 Exhibit R - JAMS Rules)(Armbrust, Sheila) (Filed on 7/12/2023) |
|
Filing 67
Order by Judge Vince Chhabria granting #66 Stipulation on Case Timeline. Initial Disclosures due by 10/13/2023. Class Certification Motion due by 1/31/2024. Responses due by 2/16/2024. Replies due by 2/29/2024. (bxs, COURT STAFF) (Filed on 7/6/2023)
|
| Filing 66 JOINT STIPULATION ON CASE TIMELINE; [PROPOSED] ORDER filed by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 6/30/2023) |
| Filing 65 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 6/30/2023. Defense counsel notified the Court the intent to file Motion to Compel sooner than the deadline. Court to retain all discovery related issues in this matter. Motion for Class Certification Hearing set for 3/14/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Joint Case Management Statement due by 3/29/2024. Further Case Management Conference set for 4/5/2024 at 10:00 AM by Videoconference Only. Parties to meet and confer and file a stipulation re case schedule leading up to the Motion for Class Certification. Stipulation due by close of business today, 6/30/2023. Total Time in Court: 15 minutes. Court Reporter: Hearing recorded via Zoom: 10:36 - 10:51. Plaintiff Attorney: Christina Tusan, Adrian Barnes. Defendant Attorney: Sheila Armbrust, Jim Ducayet, Michele Aronson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 6/30/2023) Proceedings transcribed by Access Transcripts (accesstranscripts@gmail.com). (bns, COURT STAFF). |
| Filing 64 Second Updated Joint Case Management Statement filed by Jonathan Ames, Jenny Lewis, Joyce Mahoney, Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 6/30/2023) |
|
Filing 63
ORDER. Before tomorrow's case management conference, the parties should file a proposed schedule that includes actual dates. They can assume the Court will rule on the motion to compel arbitration within 14 days of the hearing. Signed by Judge Vince Chhabria on 6/29/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 6/29/2023)
|
|
Filing 62
Order by Judge Vince Chhabria granting AS MODIFIED #60 Stipulation on Briefing Schedule and Hearing for Motion to Compel Arbitration and Stay Proceedings. Motion to Compel Arbitration and Stay Proceedings due by 8/1/2023. Responses due by 9/12/2023. Replies due by 10/2/2023. Motion Hearing set for 10/26/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 6/29/2023)
|
|
Filing 61
ORDER by Judge Vince Chhabria denying #53 Administrative Motion to File Under Seal; granting #54 Stipulation. (vclc2, COURT STAFF) (Filed on 6/29/2023)
|
| Filing 60 STIPULATION WITH PROPOSED ORDER on Briefing Schedule and Hearing for Motion to Compel Arbitration and Stay Proceedings filed by TaxAct, Inc.. (Attachments: #1 Declaration In Support of Stipulation on Briefing Schedule and Hearing For Motion to Compel Arbitration and Stay Proceedings)(Armbrust, Sheila) (Filed on 6/22/2023) |
| Filing 59 JOINT CASE MANAGEMENT STATEMENT filed by Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 6/22/2023) |
| Filing 58 CLERK'S NOTICE RE #57 . Responses due by 7/6/2023. Replies due by 7/14/2023. #50 MOTION to Compel Arbitration and Stay Proceedings Hearing reset to 7/27/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 6/21/2023) |
|
Filing 57
Order by Judge Vince Chhabria granting AS MODIFIED #55 Stipulation To Set Briefing Schedule and Reset Hearing on Defendants Motion to Compel Arbitration and Stay Proceedings. (bxs, COURT STAFF) (Filed on 6/21/2023)
|
| Filing 56 FIRST AMENDED COMPLAINT against TaxAct, Inc.. Filed by Nicolas C. Smith-Washington, Joyce Mahoney, Jonathan Ames, Jenny Lewis. (Cherniak, Ari) (Filed on 6/20/2023) Modified on 6/21/2023 (slh, COURT STAFF). |
| Filing 55 STIPULATION WITH PROPOSED ORDER To Set Briefing Schedule and Reset Hearing on Defendants Motion to Compel Arbitration and Stay Proceedings filed by Nicolas C. Smith-Washington. (Hammond, Julian) (Filed on 6/13/2023) |
| Filing 54 STIPULATION WITH PROPOSED ORDER TO REMOVE EXHIBITS FROM THE DOCKET filed by TaxAct, Inc.. (Armbrust, Sheila) (Filed on 6/9/2023) |
| Filing 53 Joint Administrative Motion to File Under Seal REDACTED DOCUMENTS AND [PROPOSED] ORDER filed by TaxAct, Inc.. (Attachments: #1 Exhibit I - Internal Electronic Records System [Confidential-Redacted], #2 Exhibit K - Account Activity Log [Confidential-Redacted])(Armbrust, Sheila) (Filed on 6/9/2023) |
| Filing 52 AMENDED DOCUMENT by TaxAct, Inc.. Amendment to #51 Certificate of Service . (Aronson, Michele) (Filed on 6/8/2023) |
| Filing 51 CERTIFICATE OF SERVICE by TaxAct, Inc. re #49 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed (Aronson, Michele) (Filed on 6/8/2023) |
| Filing 50 MOTION to Compel Arbitration and Stay Proceedings filed by TaxAct, Inc.. Motion Hearing set for 7/20/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/22/2023. Replies due by 6/29/2023. (Attachments: #1 Declaration of Mark Jaeger In Support of Defendant TaxAct, Inc.s Motion to Compel Arbitration and Stay Proceedings, #2 Exhibit A - Table of Consents, #3 Exhibit B - TaxAct 2017 Terms of Service, #4 Exhibit C - TaxAct 2020 Terms of Service, #5 Exhibit D - Account Creation Screenshots, #6 Exhibit E - Account Sign In Page Screenshots, #7 Exhibit F - E-File Submission Screenshots, #8 Exhibit G - Print Submission Screenshots, #9 Exhibit H - Code Snippets, #10 Exhibit I - Internal Electronic Records System [Public Version], #11 Exhibit J - Pixel Deployment Screenshots, #12 Exhibit K - Account Activity Log [Public Version], #13 Exhibit L - JAMS Rules)(Armbrust, Sheila) (Filed on 6/8/2023) |
| Filing 49 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by TaxAct, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit I - Internal Electronic Records System [Confidential-Under Seal], #3 Exhibit K - Account Activity Log [Confidential-Under Seal])(Armbrust, Sheila) (Filed on 6/8/2023) |
|
Filing 48
Order by Judge Vince Chhabria granting #46 Motion for Extension of Time to Respond to the Complaint. Discovery is to proceed as previously ordered. (vclc2, COURT STAFF) (Filed on 6/8/2023)
|
| Filing 47 OPPOSITION/RESPONSE (re #46 MOTION for Extension of Time to File Answer ) filed byNicolas C. Smith-Washington. (Attachments: #1 Proposed Order)(Brandler, Polina) (Filed on 6/6/2023) |
| Filing 46 MOTION for Extension of Time to File Answer filed by TaxAct, Inc.. (Attachments: #1 Declaration of Sheila A.G. Armbrust in Support of Defendant TaxAct, Inc.s Administrative Motion for Extension of Time, #2 Proposed Order)(Armbrust, Sheila) (Filed on 6/5/2023) |
| Filing 45 CLERK'S NOTICE CONTINUING 6/16/2023 INITIAL CASE MANAGEMENT CONFERENCE. ICMC continued due to unavailability of the Court. Joint Case Management Statement due by 6/23/2023. Initial Case Management Conference reset to 6/30/2023 at 10:00 AM by 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the vccrd@cand.uscourts.gov no later than Friday, June 23, 2023, by no later than 12:00PM.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.)(bxs, COURT STAFF) (Filed on 6/5/2023) |
| Filing 44 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 5/25/2023 re #12 MOTION to Stay UNDER 9 U.S.C. 3 filed by TaxAct, Inc. Court denied #12 Motion to Stay without prejudice - for the reasons as stated on the record. Court informed parties that discovery can begin now. Total Time in Court: 14 minutes. Court Reporter: Hearing recorded via Zoom: 10:21 - 10:35. Plaintiff Attorney: Christina Tusan. Defendant Attorney: Sheila Armbrust. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 5/25/2023) |
| Filing 43 CLERK'S NOTICE CONVERTING 5/25/2023 IN-PERSON MOTION HEARING TO A ZOOM HEARING . #12 MOTION to Stay UNDER 9 U.S.C. 3 Hearing set for 5/25/2023 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. 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/vc 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.)(bxs, COURT STAFF) (Filed on 5/25/2023) |
| Filing 42 CLERK'S NOTICE CONTINUING 5/26/2023 INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/9/2023. Initial Case Management Conference reset to 6/16/2023 at 10:00 AM by 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, June 9, 2023, by no later than 12:00PM.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.)(bxs, COURT STAFF) (Filed on 5/23/2023) |
|
Filing 41
ORDER. At the motion hearing on May 25, 2023, the parties should be prepared to address the following questions: Is it possible that some of the conduct the plaintiff complains of took place before he agreed to arbitrate? If so, should the motion to compel arbitration be denied to that extent? Signed by Judge Vince Chhabria on 5/23/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 5/23/2023)
|
| Filing 40 CLERK'S NOTICE CHANGING COURTROOM RE 5/25/2023 MOTION HEARING. #12 MOTION to Stay UNDER 9 U.S.C. 3 Hearing set for 5/25/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 5/23/2023) |
| Filing 39 JOINT CASE MANAGEMENT STATEMENT filed by Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 5/19/2023) |
| Filing 38 Supplemental Brief re #12 MOTION to Stay UNDER 9 U.S.C. 3 Surreply in Opposition to Defendant's Motion to Stay filed byNicolas C. Smith-Washington. (Related document(s) #12 ) (Cherniak, Ari) (Filed on 5/18/2023) |
|
Filing 37
ORDER. The #34 motion for leave to file a surreply is granted. The surreply is due by 5:00 p.m. on 5/18/2023 and must not exceed three pages, single-spaced. The hearing for #12 the motion to compel arbitration is continued to 5/25/2023 at 10:00 a.m. in San Francisco, Courtroom 05, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 5/16/2023)
|
| Filing 36 NOTICE of Appearance by Christina Victoria Tusan (Tusan, Christina) (Filed on 5/15/2023) |
| Filing 35 OPPOSITION/RESPONSE (re #34 ADMINISTRATIVE MOTION To Strike or, in the Alternative, For Leave to File a Surreply to Defendant's Motion to Stay ) filed byTaxAct, Inc.. (Attachments: #1 Proposed Order)(Armbrust, Sheila) (Filed on 5/15/2023) |
| Filing 34 ADMINISTRATIVE MOTION To Strike or, in the Alternative, For Leave to File a Surreply to Defendant's Motion to Stay filed by Nicolas C. Smith-Washington. Responses due by 5/15/2023. (Attachments: #1 Declaration In Support of Administrative Motion to Strike or For Leave to File Surreply, #2 Proposed Order Granting Administrative Motion To Strike or, in the Alternative, For Leave to File a Surreply)(Cherniak, Ari) (Filed on 5/9/2023) |
| Filing 33 REPLY (re #12 MOTION to Stay UNDER 9 U.S.C. 3 ) filed byTaxAct, Inc.. (Attachments: #1 Declaration of Mark Jaeger in Support of Defendant TaxAct, Inc.s Reply in Support of Motion to Stay Under 9 U.S.C. 3, #2 Exhibit A, #3 Exhibit B)(Armbrust, Sheila) (Filed on 5/4/2023) |
| Filing 32 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE 5/26/2023 INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 5/19/2023. Initial Case Management Conference reset to 5/26/2023 at 10:00 AM by 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 19, 2023 by 12:00 PM.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.)(bxs, COURT STAFF) (Filed on 4/27/2023) |
|
Filing 31
Order by Judge Vince Chhabria granting #26 Stipulation to Continue Initial Case Management Conference. (bxs, COURT STAFF) (Filed on 4/27/2023)
|
| Filing 30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Aronson, Michele) (Filed on 4/21/2023) |
| Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cherniak, Ari) (Filed on 4/21/2023) |
|
Filing 28
Order by Judge Vince Chhabria granting #25 Motion for Pro Hac Vice as to Emily Gerrick. (bxs, COURT STAFF) (Filed on 4/20/2023)
|
| Filing 27 OPPOSITION/RESPONSE (re #12 MOTION to Stay UNDER 9 U.S.C. 3 ) filed byNicolas C. Smith-Washington. (Attachments: #1 Declaration Smith-Washington, #2 Declaration Brandler, #3 Exhibit Brandler Dec. Ex. 1- JAMS Rules, #4 Exhibit Brandler Dec. Ex. 2- Demand for Arbitration Form, #5 Exhibit Brandler Dec. Ex. 3- Arbitrator Fee Schedule, #6 Exhibit Brandler Dec. Ex. 4- Arbitrator Fee Schedule, #7 Declaration Nathaniel E Frank-White, #8 Exhibit Frank-White, Ex. A, pp. 3-15 - TaxAct Webpages, #9 Exhibit Frank-White, Ex. A, pp. 16-31 - TaxAct Webpages, #10 Exhibit Frank-White, Ex. A, pp. 32-44 - TaxAct Webpages, #11 Exhibit Frank-White, Ex. A, pp. 45-52 - TaxAct Webpages, #12 Exhibit Frank-White, Ex. A, pp. 53-68 - TaxAct Webpages, #13 Exhibit Frank-White, Ex. A, pp. 69-86 - TaxAct Webpages, #14 Exhibit Frank-White, Ex. A, pp. 87-102 - TaxAct Webpages, #15 Exhibit Frank-White, Ex. A, pp. 103-123 - TaxAct Webpages)(Brandler, Polina) (Filed on 4/20/2023) |
| Filing 26 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by Nicolas C. Smith-Washington. (Brandler, Polina) (Filed on 4/20/2023) |
| Filing 25 First MOTION for leave to appear in Pro Hac Vice Emily Gerrick ( Filing fee $ 317, receipt number ACANDC-18182089.) filed by Nicolas C. Smith-Washington. (Attachments: #1 Certificate of Good Standing)(Gerrick, Emily) (Filed on 4/18/2023) |
| Filing 24 NOTICE of Appearance by Jason Seth Harrow (Harrow, Jason) (Filed on 4/17/2023) |
|
Filing 23
Order by Judge Vince Chhabria granting #8 Motion for Pro Hac Vice as to James (Jim) Ducayet. (bxs, COURT STAFF) (Filed on 4/17/2023)
|
|
Filing 22
Order by Judge Vince Chhabria granting #3 Motion for Pro Hac Vice as to Michele Aronson. (bxs, COURT STAFF) (Filed on 4/17/2023)
|
|
Filing 21
Order by Judge Vince Chhabria granting #20 Stipulation to Continue the Hearing Date and Briefing Deadlines for Defendant's Motion To Stay. (bxs, COURT STAFF) (Filed on 3/16/2023)
|
| Set/Reset Deadlines as to #12 MOTION to Stay UNDER 9 U.S.C. 3. Responses due by 4/20/2023. Replies due by 5/4/2023. Motion Hearing reset to 5/18/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 3/16/2023) |
| Filing 20 STIPULATION WITH PROPOSED ORDER to Continue the Hearing Date and Briefing Deadlines for Defendant's Motion To Stay filed by Nicolas C. Smith-Washington. (Cherniak, Ari) (Filed on 3/13/2023) |
|
Filing 19
ORDER. The #18 request for a two-month continuance of the motion hearing is denied because the parties have not explained why such a long extension is warranted, especially in a putative class action. The Court would consider a new stipulation with more information, a shorter extension, or both. Signed by Judge Vince Chhabria on 3/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3, COURT STAFF) (Filed on 3/13/2023)
|
| Filing 18 STIPULATION WITH PROPOSED ORDER TO MODIFY THE MOTION TO STAY HEARING DATE AND TO EXTEND TIME FOR PLAINTIFFS RESPONSE AND TAXACT, INC.S REPLY TO MOTION TO STAY filed by TaxAct, Inc.. (Attachments: #1 Proposed Order)(Armbrust, Sheila) (Filed on 3/10/2023) |
|
Filing 17
Order by Judge Vince Chhabria terminating as moot the #13 Administrative Motion for Extension of Time to Respond to the Complaint in light of the #15 Stipulation for Extension of Time to Respond to the Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 3/9/2023)
|
| Filing 16 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 5/5/2023. Initial Case Management Conference set for 5/12/2023, 10:00 AM, via 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/vc 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 and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 5, 2023, by 10 a.m.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.)(knm, COURT STAFF) (Filed on 3/6/2023) |
| Filing 15 STIPULATION (Amended to Include Signatures) to Extend Time to Respond to Complaint filed by TaxAct, Inc.. (Armbrust, Sheila) (Filed on 3/3/2023) |
| Filing 14 STIPULATION to Extend Time to Respond to Complaint filed by TaxAct, Inc.. (Armbrust, Sheila) (Filed on 3/3/2023) |
| Filing 13 ADMINISTRATIVE MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT filed by TaxAct, Inc.. Responses due by 3/6/2023. (Attachments: #1 Declaration of Sheila A.G. Armbrust in Support of Defendant TaxAct, Inc.s Administrative Motion for Extension of Time, #2 Proposed Order)(Armbrust, Sheila) (Filed on 3/2/2023) |
| Filing 12 MOTION to Stay UNDER 9 U.S.C. 3 filed by TaxAct, Inc.. Motion Hearing set for 4/6/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 3/16/2023. Replies due by 3/23/2023. (Attachments: #1 Declaration of Donald Ian Campbell Declaration in Support of Defendant TaxAct Inc. Motion to Stay Under 9 U.S.C. 3, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Armbrust, Sheila) (Filed on 3/2/2023) |
|
Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse 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 2/28/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/28/2023)
|
| 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. (mkl, COURT STAFF) (Filed on 2/24/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nicolas C. Smith-Washington.. (Cherniak, Ari) (Filed on 2/24/2023) |
| Filing 8 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number ACANDC-18019379) filed by TaxAct, Inc.. (Ducayet, James) (Filed on 2/24/2023) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/19/2023. Initial Case Management Conference set for 5/26/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (slh, COURT STAFF) (Filed on 2/24/2023) |
| Filing 6 Case assigned to Magistrate Judge Alex G. Tse. 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 3/10/2023. (as, COURT STAFF) (Filed on 2/24/2023) |
| Filing 5 CERTIFICATE OF SERVICE by TaxAct, Inc. re #1 Notice of Removal (Armbrust, Sheila) (Filed on 2/23/2023) |
| Filing 4 Corporate Disclosure Statement by TaxAct, Inc. identifying Corporate Parent TaxAct, Inc. for TaxAct, Inc.. Pursuant to Fed. R. Civ. 7.1 and Certification of Conflicts and Interested Entities or Persons Pursuant to Civil Rule L.R. 3-15 (Armbrust, Sheila) (Filed on 2/23/2023) Modified on 2/24/2023 (slh, COURT STAFF). |
| Filing 3 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18017241.) filed by TaxAct, Inc.. (Aronson, Michele) (Filed on 2/23/2023) |
| Filing 2 NOTICE of Appearance by Sheila Anil Gogate Armbrust (Armbrust, Sheila) (Filed on 2/23/2023) |
| Filing 1 NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. 1332, 1441, 1446, & 1453 from Alameda County Superior Court. Their case number is 23CV026204. (Filing fee $402 receipt number ACANDC-18017085). Filed byTaxAct, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Francisco Javier Corvera in Support of Defendant TaxAct, Inc.'s Notice of Removal of Action Under 28 U.S.C. 1332, 1441, 1446, & 1453, #3 Declaration of Sheila A.G. Armbrust in Support of Defendant TaxAct, Inc.'s Notice of Removal of Action Under 28 U.S.C. 1332, 1441, 1446, & 1453, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Armbrust, Sheila) (Filed on 2/23/2023) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
