Fuller et al v. Bloom Institute of Technology et al
| Jessica Fuller, Alexander Gonclaves, Brett McAdams and Quinn Molina |
| Bloom Institute of Technology, Austen Allred, Does 1 - 9 and Bloom Institute of Technology formerly doing business as Lambda School |
| 3:2023cv01440 |
| March 27, 2023 |
| US District Court for the Northern District of California |
| Alex G Tse |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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Filing 51
Order by Magistrate Judge Alex G. Tse: The initial case management conference currently set for September 8, 2023, is vacated and will be rescheduled for a later date, if necessary, following resolution of #25 plaintiffs' second motion to remand or in the alternative for leave to conduct jurisdictional discovery. An order regarding plaintiffs' motion to remand is forthcoming. (This is a text-only entry generated by the court. There is no document associated with this entry.) (agtlc2, COURT STAFF) (Filed on 8/31/2023)
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| Filing 50 Joint MOTION Reschedule Initial Case Management Scheduling Statement and Initial Case Management Conference re 45 Order on Motion for Miscellaneous Relief, filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. Motion Hearing set for 10/6/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 9/14/2023. Replies due by 9/21/2023. (Attachments: #1 Proposed Order Proposed Order Granting Stipulated Motion)(Baltmanis, David) (Filed on 8/31/2023) |
| Filing 49 CLERKS NOTICE REGARDING CASE MANAGEMENT CONFERENCE: The initial case management conference, which is set for 9/8/2023 at 2:00 PM before Magistrate Judge Alex G. Tse, 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/agt 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.) (shy, COURT STAFF) (Filed on 8/30/2023) |
| Filing 48 NOTICE of Appearance by Brian Danitz (Danitz, Brian) (Filed on 8/30/2023) |
| Filing 47 Transcript of Proceedings held on 06/16/23, before Judge Alex G. Tse. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 10:03 - 10:48. 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 #46 Transcript Order ) Redaction Request due 7/27/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/4/2023. (Related documents(s) #46 ) (Jauregui, Tara) (Filed on 7/6/2023) |
| Filing 46 TRANSCRIPT ORDER for proceedings held on 06/16/23 before Magistrate Judge Alex G. Tse by Austen Allred, Bloom Institute of Technology, for Court Reporter not listed - San Francisco. (Hammon, Patrick) (Filed on 6/27/2023) |
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Filing 45
Order by Magistrate Judge Alex G. Tse granting #44 stipulation to continue initial case management conference. The initial case management conference is continued to September 8, 2023, at 2:00 p.m. A joint case management statement is due on September 1, 2023. (agtlc2, COURT STAFF) (Filed on 6/22/2023)
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| Filing 44 JOINT STIPULATED MOTION to Reschedule Initial Case Management Scheduling Statement and Initial Case Management Conference filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. Motion Hearing set for 7/28/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 7/6/2023. Replies due by 7/13/2023. (Attachments: #1 Proposed Order)(Baltmanis, David) (Filed on 6/22/2023) Modified on 6/23/2023 (slh, COURT STAFF). |
| Filing 43 Minute Entry for proceedings held on 6/16/2023 before Magistrate Judge Alex G. Tse regarding #25 motion for remand. Hearing held. Argument heard. The Court takes the motion under submission. Liberty Recording Time : 10:03 - 10:48. Plaintiff Attorneys: David Baltmanis and Ryan Miller. Defendant Attorney: Patrick Hammon. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 6/16/2023) |
| Filing 42 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berger, Justin) (Filed on 6/16/2023) |
| Filing 41 CLERK'S NOTICE REGARDING LOCATION FOR MOTION HEARING: The hearing on #25 Plaintiffs' motion to remand, which is set to occur on 6/16/2023 at 10:00 AM before Magistrate Judge Alex G. Tse, will be held in San Francisco, Courtroom A, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Filed on 6/15/2023) |
| Set/Reset Hearing Motion Hearing set for 6/16/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 6/15/2023) |
| Filing 40 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berger, Justin) (Filed on 6/14/2023) |
| Filing 39 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berger, Justin) (Filed on 6/14/2023) |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berger, Justin) (Filed on 6/13/2023) |
| Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Defendant Bloom Institute of Technology's ADR Certification (Hammon, Patrick) (Filed on 6/12/2023) |
| Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Defendant Austen Allred's ADR Certification (Hammon, Patrick) (Filed on 6/12/2023) |
| Filing 35 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 6/12/2023) |
| Filing 34 Declaration of Janet Bahena in Support of #33 Reply to Opposition/Response, filed byJessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Attachments: #1 Exhibit A)(Related document(s) #33 ) (Baltmanis, David) (Filed on 5/24/2023) |
| Filing 33 REPLY (re #25 MOTION to Remand MOTION REMAND OR IN THE ALTERNATIVE FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY ) filed byJessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Baltmanis, David) (Filed on 5/24/2023) |
| Filing 32 OPPOSITION/RESPONSE (re #25 MOTION to Remand MOTION REMAND OR IN THE ALTERNATIVE FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY ) Defendants' Opposition to Plaintiffs' Second Motion to Remand or in the Alternative for Leave to Conduct Jurisdictional Discovery filed byAusten Allred, Bloom Institute of Technology. (Attachments: #1 Declaration of Steven Will in support of Defendants' Opposition to Plaintiffs' Second Motion to Remand or in the Alternative for Leave to Conduct Jurisdictional Discovery)(Hammon, Patrick) (Filed on 5/17/2023) |
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Filing 31
ORDER by Magistrate Judge Alex G. Tse granting #26 plaintiffs' motion to stay briefing on defendants' pending motion to compel arbitration and motions to dismiss. The Court will reset the briefing schedules and hearings on the motion to compel arbitration #10 and the motions to dismiss #11 #12 , if necessary, following resolution of plaintiffs' motion to remand #25 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (agtlc2, COURT STAFF) (Filed on 5/9/2023)
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| Set/Reset Hearing Motion Hearing set for 6/16/2023 at 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (jlg, COURT STAFF) (Filed on 5/9/2023) |
| Set Deadlines/Hearings: Motion Hearing re #25 Motion to Remand set for 6/16/2023 at 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (agtlc2, COURT STAFF) (Filed on 5/9/2023) |
| Filing 30 OPPOSITION/RESPONSE (re #26 MOTION to Stay re #11 MOTION to Dismiss Under 12(b)(6), #12 MOTION to Dismiss Under 12(b)(6) MOTION to Strike Under Rule 12(f), #10 MOTION to Compel Arbitration and to Stay the Case ) Defendants' Opposition to Plaintiffs' Motion to Stay Briefing and Consideration of Defendants' Motion to Compel Arbitration (Doc. 10) and Motions to Dismiss (Docs. 11 and 12) Pending Resolution of Plaintiffs' Second Motion to Remand filed byAusten Allred, Bloom Institute of Technology. (Hammon, Patrick) (Filed on 5/8/2023) |
| Filing 29 Renotice motion hearing re #25 MOTION to Remand MOTION REMAND OR IN THE ALTERNATIVE FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY -- PLAINTIFFS' AMENDED NOTICE OF HEARING filed byJessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Related document(s) #25 ) (Miller, Ryan) (Filed on 5/8/2023) |
| Filing 28 Renotice motion hearing re #26 MOTION to Stay re #11 MOTION to Dismiss Under 12(b)(6), #12 MOTION to Dismiss Under 12(b)(6) MOTION to Strike Under Rule 12(f), #10 MOTION to Compel Arbitration and to Stay the Case -- PLAINTIFFS' AMENDED NOTICE OF HEARING filed byJessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Related document(s) #26 ) (Miller, Ryan) (Filed on 5/8/2023) |
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Filing 27
ORDER by Magistrate Judge Alex G. Tse directing defendants to respond by Monday, May 8, 2023, to #26 plaintiffs' request to stay briefing on the pending motions to dismiss and motion to compel arbitration. (This is a text-only entry generated by the court. There is no document associated with this entry.) (agtlc2, COURT STAFF) (Filed on 5/5/2023)
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| Filing 26 MOTION to Stay re #11 MOTION to Dismiss Under 12(b)(6), #12 MOTION to Dismiss Under 12(b)(6) MOTION to Strike Under Rule 12(f), #10 MOTION to Compel Arbitration and to Stay the Case filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. Motion Hearing set for 6/8/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 5/18/2023. Replies due by 5/25/2023. (Attachments: #1 Declaration of David Baltmanis in Support, #2 Proposed Order)(Miller, Ryan) (Filed on 5/4/2023) . |
| Filing 25 MOTION FOR REMAND OR IN THE ALTERNATIVE FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. Motion Hearing set for 6/7/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 5/17/2023. Replies due by 5/24/2023. (Attachments: #1 Proposed Order)(Miller, Ryan) (Filed on 5/3/2023) |
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Filing 24
ORDER by Magistrate Judge Alex G. Tse terminating #17 plaintiffs' motion to remand in light of plaintiffs' acknowledgement that the motion is moot, see Dkt. #20 at 2 n.1. (This is a text-only entry generated by the court. There is no document associated with this entry.) (agtlc2, COURT STAFF) (Filed on 4/28/2023)
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Filing 23
Order by Magistrate Judge Alex G. Tse granting #20 stipulated request to extend briefing schedule on defendants' motion to compel arbitration #10 and motions to dismiss #11 #12 . (agtlc2, COURT STAFF) (Filed on 4/28/2023)
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| Filing 22 OPPOSITION/RESPONSE (re #17 MOTION to Remand and for Fees and Costs ) filed byAusten Allred, Bloom Institute of Technology. (Hammon, Patrick) (Filed on 4/28/2023) |
| Filing 21 Declaration of David Baltmanis in Support of #20 STIPULATION WITH PROPOSED ORDER -- PLAINTIFFS L.R. 6-2 STIPULATED REQUEST FOR ORDER CHANGING TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS APRIL 12, 2023 MOTIONS AT DOC. NOS. 10-12 filed byJessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Related document(s) #20 ) (Baltmanis, David) (Filed on 4/24/2023) |
| Filing 20 STIPULATION WITH PROPOSED ORDER -- PLAINTIFFS L.R. 6-2 STIPULATED REQUEST FOR ORDER CHANGING TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS APRIL 12, 2023 MOTIONS AT DOC. NOS. 10-12 filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Baltmanis, David) (Filed on 4/24/2023) |
| Filing 19 AMENDED NOTICE OF REMOVAL from San Francisco Superior Court of Civil Action Pursuant to the Class Action Fairness Act Under 28 U.S.C. 1332(d), 1441, and 1446. Filed by Austen Allred, Bloom Institute of Technology. (Hammon, Patrick) (Filed on 4/19/2023) Modified on 4/20/2023 (slh, COURT STAFF). |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina.. (Berger, Justin) (Filed on 4/14/2023) |
| Filing 17 MOTION to Remand and for Fees and Costs filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. Motion Hearing set for 5/19/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/28/2023. Replies due by 5/5/2023. (Attachments: #1 Proposed Order)(Berger, Justin) (Filed on 4/14/2023) |
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Filing 16
ORDER by Magistrate Judge Alex G. Tse granting #14 Motion for Pro Hac Vice re Ryan Andrew Miller. (rmm2, COURT STAFF) (Filed on 4/14/2023)
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| Filing 15 CLERK'S NOTICE re Magistrate Judge Jurisdiction:This matter has been randomly assigned to United States Magistrate Judge Alex S. Tse for all purposes including trial.Plaintiffs' consent was due April 11, 2023. It was not received by the Court. Plaintiff's are requested to complete the form documenting either consent or declination and file it with the Court by 4/20/2023. This form can be found on the Courts website at: cand.uscourts.gov/civilforms. Please note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 4/13/2023) |
| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18168114.) filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Miller, Ryan) (Filed on 4/13/2023) |
| Filing 13 Request for Judicial Notice in Support re #11 MOTION to Dismiss Under 12(b)(6) filed by Bloom Institute of Technology. (Related document(s) #11 ) (Hammon, Patrick) (Filed on 4/12/2023) Modified on 4/13/2023 (slh, COURT STAFF). |
| Filing 12 MOTION to Dismiss Under 12(b)(6); MOTION to Strike Under Rule 12(f) filed by Austen Allred. Motion Hearing set for 5/19/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/26/2023. Replies due by 5/3/2023. (Attachments: #1 [Proposed] Order Granting Defendant Austen Allred's Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) and Strike under Rule 12(f))(Hammon, Patrick) (Filed on 4/12/2023) Modified on 4/13/2023 (slh, COURT STAFF). |
| Filing 11 MOTION to Dismiss Under 12(b)(6) filed by Bloom Institute of Technology. Motion Hearing set for 5/19/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/26/2023. Replies due by 5/3/2023. (Attachments: #1 Declaration of Patrick Hammon in support of Defendant Bloom Institute of Technology's Motion to Dismiss Under 12(b)(6), and Austen Allred's Motion to Dismiss Under 12(b)(6), and Motion to Strike Under Rule 12(f), #2 [Proposed] Order Granting Defendant Bloom Institute of Technology's Motion to Dismiss Under Rule 12(b)(6))(Hammon, Patrick) (Filed on 4/12/2023) Modified on 4/13/2023 (slh, COURT STAFF). |
| Filing 10 MOTION to Compel Arbitration and to Stay the Case filed by Austen Allred, Bloom Institute of Technology. Motion Hearing set for 5/19/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 4/26/2023. Replies due by 5/3/2023. (Attachments: #1 Declaration of Patrick Hammon in support of Defendants' Motion to Compel Arbitration and to Stay the Case, #2 [Proposed] Order Granting Defendants' Motion to Compel Arbitration and, in the Alternative, to Stay the Case)(Hammon, Patrick) (Filed on 4/12/2023) Modified on 4/13/2023 (slh, COURT STAFF). |
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Filing 9
Order by Magistrate Judge Alex G. Tse granting #7 Motion for Pro Hac Vice. Attorney David Baltmanis representing Plaintiffs. (ejk, COURT STAFF) (Filed on 4/12/2023)
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Filing 8
Order by Magistrate Judge Alex G. Tse granting #5 Motion for Pro Hac Vice. Attorney Alexander Elson representing Plaintiffs. (ejk, COURT STAFF) (Filed on 4/12/2023)
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| Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18163468.) filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Baltmanis, David) (Filed on 4/12/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Austen Allred, Bloom Institute of Technology.. (Hammon, Patrick) (Filed on 4/11/2023) |
| Filing 5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18159798.) filed by Jessica Fuller, Alexander Gonclaves, Brett McAdams, Quinn Molina. (Elson, Alexander) (Filed on 4/11/2023) |
| Filing 4 Certificate of Interested Entities or Persons by Austen Allred, Bloom Institute of Technology (Parkhurst, Andrew) (Filed on 4/3/2023) Modified on 4/4/2023 (slh, COURT STAFF). |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/23/2023. Initial Case Management Conference set for 6/30/2023 at 02:00 PM in San Francisco, Courtroom A, 15th Floor. (slh, COURT STAFF) (Filed on 3/28/2023) |
| Filing 2 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 4/11/2023. (jlg, COURT STAFF) (Filed on 3/28/2023) |
| Filing 1 NOTICE OF REMOVAL Defendant Bloom Institute of Technology's and Austen Allred's Notice of Removal of Civil Action Pursuant to 28 U.S.C. 1332, 1441, and 1446 from San Francisco Superior Court. Their case number is CGC-23-605179. (Filing fee $402 receipt number ACANDC-18113162). Filed byAusten Allred, Bloom Institute of Technology. (Attachments: #1 Civil Cover Sheet)(Hammon, Patrick) (Filed on 3/27/2023) |
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