Andrighetto Produce, Inc. v. Freshbyte Software, LLC
Plaintiff: Andrighetto Produce, Inc. and Andrighetto Produce, Inc. a California corporation doing business as Shasta Produce
Defendant: FRESHBYTE and Freshbyte Software, LLC a Texas limited liability company doing business as Freshbyte Software
Case Number: 3:2023cv01250
Filed: March 17, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Araceli Martinez-Olguin
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2023 Filing 22 CLERK'S NOTICE REGARDING PLAINTIFF'S DEADLINE TO SUBMIT OPPOSITION TO PENDING MOTION TO TRANSFER #18 . The deadline to file an opposition to the Motion to Transfer has passed. If Plaintiff would like to file a response, they must do so by 5/16/2023. Failure to do so will result in the Court considering the motion unopposed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 5/15/2023)
May 9, 2023 Filing 21 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE HEARING DATE FOR FRESHBYTE'S MOTION TO TRANSFER PURSUANT TO FORUM SELECTION CLAUSE filed by Freshbyte Software, LLC. (Ghoury, Salayha) (Filed on 5/9/2023)
May 9, 2023 CLERK'S NOTICE Continuing Briefing Schedule as to #18 MOTION to Transfer Case Pursuant to Forum Selection Clause. Responses due by 5/11/2023. Replies due by 5/18/2023. Motion Hearing set for 6/1/2023 at 2:00 PM remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 5/9/2023)
April 24, 2023 Filing 20 NOTICE by Freshbyte Software, LLC re #17 Notice of Withdrawal of Motion to Remand in Lieu of Opposition (Ghoury, Salayha) (Filed on 4/24/2023)
April 24, 2023 Filing 19 CLERK'S NOTICE ON REASSIGNMENT. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Araceli Martinez-Olguin upon reassignment. For a copy of Judge Martinez-Olguin's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 6/8/2023. Initial Case Management Conference set for 6/15/2023 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jlg, COURT STAFF) (Filed on 4/24/2023)
April 21, 2023 Filing 18 MOTION to Transfer Case Pursuant to Forum Selection Clause; Memorandum of Points and Authorities filed by Freshbyte Software, LLC. Motion Hearing set for 6/1/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before District Judge Araceli Martinez-Olguin. Responses due by 5/5/2023. Replies due by 5/12/2023. (Attachments: #1 Declaration of Charles A. Butler III in Support of Defendant Freshbyte Software, LLC's Motion to Transfer Pursuant to forum Selection Clause, #2 Proposed Order Granting Defendant Freshbyte Software, LLC's Motion to Transfer Pursuant to Forum Selection Clause)(Ghoury, Salayha) (Filed on 4/21/2023)
April 21, 2023 Filing 17 Plaintiff Andrighetto Produce, Inc.'s Notice of Withdrawal of Motion to Remand to State Court (Pinkston, Michael) (Filed on 4/21/2023)
April 20, 2023 Filing 16 CLERK'S NOTICE Regarding Opposition Deadline to #13 Plaintiff's Motion to Remand. The deadline to file an opposition to the Motion to Remand has passed. If Defendant would like to file a response, they must do so by Monday, April 24, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmi, COURT STAFF) (Filed on 4/20/2023)
April 14, 2023 Filing 15 DEMAND for Trial by Jury by Freshbyte Software, LLC. (Graft, Alexander) (Filed on 4/14/2023)
April 14, 2023 Filing 14 AMENDED NOTICE OF REMOVAL against All Plaintiffs. Filed byFreshbyte Software, LLC. (Attachments: #1 Declaration of Charles A. Butler, III in Support of Defendant Freshbyte Software, LLCS Amended Notice of Removal, #2 Declaration of Alex A. Graft in Support of Defendant Freshbyte Software, LLCS Amended Notice of Removal)(Graft, Alexander) (Filed on 4/14/2023) Modified on 4/17/2023 (slh, COURT STAFF).
April 4, 2023 Filing 13 MOTION to Remand filed by Andrighetto Produce, Inc.. Motion Hearing set for 5/11/2023 10:00 AM in San Francisco, Courtroom 10, 19th Floor before District Judge Araceli Martinez-Olguin. Responses due by 4/18/2023. Replies due by 4/25/2023. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Pinkston, Michael) (Filed on 4/4/2023)
April 4, 2023 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to District Judge Araceli Martinez-Olguin for all further proceedings. Magistrate Judge Laurel Beeler 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 4/4/23. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 4/4/2023)
April 3, 2023 Filing 11 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. (ejk, COURT STAFF) (Filed on 4/3/2023)
April 3, 2023 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andrighetto Produce, Inc... (Pinkston, Michael) (Filed on 4/3/2023)
March 31, 2023 Filing 9 DEMAND for Trial by Jury by Andrighetto Produce, Inc.. (Pinkston, Michael) (Filed on 3/31/2023)
March 31, 2023 Filing 8 Corporate Disclosure Statement by Andrighetto Produce, Inc. (Pinkston, Michael) (Filed on 3/31/2023)
March 31, 2023 Filing 7 Certificate of Interested Entities by Andrighetto Produce, Inc. (Pinkston, Michael) (Filed on 3/31/2023)
March 28, 2023 Filing 6 CERTIFICATE OF SERVICE by Freshbyte Software, LLC (Graft, Alexander) (Filed on 3/28/2023)
March 28, 2023 Filing 5 Certificate of Interested Entities by Freshbyte Software, LLC CERTIFICATE OF INTERESTED PARTIES (Graft, Alexander) (Filed on 3/28/2023)
March 20, 2023 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/8/2023. Initial Case Management Conference set for 6/15/2023 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (slh, COURT STAFF) (Filed on 3/20/2023)
March 20, 2023 Filing 3 Case assigned to Magistrate Judge Laurel Beeler. 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 4/3/2023. (as, COURT STAFF) (Filed on 3/20/2023)
March 20, 2023 Filing 2 Civil Cover Sheet by Freshbyte Software, LLC . (Graft, Alexander) (Filed on 3/20/2023) Modified on 3/20/2023 (slh, COURT STAFF).
March 20, 2023 #Electronic filing error. Civil Cover Sheet has chosen two codes for nature of suit boxes. Only one box may be chosen. Please correct and re-file. No judge assignment will be made until the document is re-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Notice of Removal, filed by FRESHBYTE (ark, COURT STAFF) (Filed on 3/20/2023)
March 17, 2023 Filing 1 NOTICE OF REMOVAL from San Mateo Superior Court. Their case number is 23-CIV-00578. (Filing fee $402 receipt number ACANDC-18084968). Filed by Freshbyte Software, LLC. (Attachments: #1 Declaration, #2 Civil Cover Sheet, #3 Notice to Adverse Party of Removal to Federal Court)(Graft, Alexander) (Filed on 3/17/2023) Modified on 3/20/2023 (slh, COURT STAFF).

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Plaintiff: Andrighetto Produce, Inc.
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Plaintiff: Andrighetto Produce, Inc. a California corporation doing business as Shasta Produce
Represented By: Michael Ryan Pinkston
Represented By: Giovanna A. Ferrari
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Defendant: FRESHBYTE
Represented By: Alexander A. Graft
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Defendant: Freshbyte Software, LLC a Texas limited liability company doing business as Freshbyte Software
Represented By: Alexander A. Graft
Represented By: Salayha Khaliq Ghoury
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