Decathlon USA, LLC et al v. HSE Associates, LLC et al
| Decathlon USA, LLC and Decathlon SE |
| HSE Associates, LLC, Benderson Properties, Inc. dba Benderson Development and Benderson Properties, Inc. a New York corporation doing business as Benderson Development |
| 3:2023cv01524 |
| March 30, 2023 |
| US District Court for the Northern District of California |
| Araceli Martinez-Olguin |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 EXHIBITS re #27 Reply to Opposition/Response, Evidentiary Objections to Plaintiffs' Declaration filed byHSE Associates, LLC. (Related document(s) #27 ) (O'Neal, Mikayla) (Filed on 5/26/2023) |
| Filing 27 REPLY (re #25 MOTION to Dismiss Plaintiff's First Amended Complaint ) Reply to Plaintiffs' Opposition to Dismiss the First Amended Complaint, and Alternative Motion to Strike filed byHSE Associates, LLC. (O'Neal, Mikayla) (Filed on 5/26/2023) |
| Filing 26 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byDecathlon SE, Decathlon USA, LLC. (Attachments: #1 Declaration in Support of Opposition, #2 Proposed Order)(Nash, Antony) (Filed on 5/19/2023) |
| Filing 25 MOTION to Dismiss Plaintiff's First Amended Complaint filed by HSE Associates, LLC. Motion Hearing set for 6/22/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before District Judge Araceli Martinez-Olguin. Responses due by 5/19/2023. Replies due by 5/26/2023. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendant HSE Associates, LLC's Motion to Dismiss the First Amended Complaint, and Alternative Motion to Strike, #2 Certificate/Proof of Service Certificate of Service)(O'Neal, Mikayla) (Filed on 5/5/2023) |
| Filing 24 FIRST AMENDED COMPLAINT - for Declaratory Judgment against HSE Associates, LLC. Filed by Decathlon USA, LLC, Decathlon SE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nash, Antony) (Filed on 4/21/2023) |
| Filing 23 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. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing date on a Thursday afternoon at 2:00 PM. The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 6/29/2023. Initial Case Management Conference set for 7/6/2023 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.) (tmi, COURT STAFF) (Filed on 4/17/2023) |
Filing 22
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin for all further proceedings. Magistrate Judge Joseph C. Spero 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 04/14/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/14/2023)
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| Filing 21 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. (klh, COURT STAFF) (Filed on 4/14/2023) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Decathlon SE, Decathlon USA, LLC.. (Nash, Antony) (Filed on 4/13/2023) |
| Filing 19 DEMAND for Trial by Jury by Decathlon SE, Decathlon USA, LLC. (Nash, Antony) (Filed on 4/13/2023) |
| Filing 18 NOTICE of Appearance by Paige E. Adaskaveg (Adaskaveg, Paige) (Filed on 4/13/2023) |
| Filing 17 NOTICE of Appearance by Antony Derek Nash (Nash, Antony) (Filed on 4/13/2023) |
| Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant HSE has filed a Motion to Dismiss and Strike. Plaintiffs Decathalon USA, Decathalon SE, and Defendant Benderson Properties shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 4/14/2023. (klh, COURT STAFF) (Filed on 4/7/2023) |
| Filing 15 [Proposed] Order, re: #13 MOTION to Dismiss Plaintiffs' Complaint MOTION to Strike Plaintiffs' Complaint filed by HSE Associates, LLC. Motion Hearing set for 5/19/2023 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 4/21/2023. Replies due by 4/28/2023. (O'Neal, Mikayla) (Filed on 4/7/2023) Modified on 4/7/2023 (cv, COURT STAFF). |
| Filing 14 MEMORANDUM of Points and Authorities, in support of #13 Motion to dismiss complaint filed by HSE Associates, LLC. . (O'Neal, Mikayla) (Filed on 4/7/2023) Modified on 4/7/2023 (cv, COURT STAFF). Modified on 4/7/2023 (klh, COURT STAFF). |
| Filing 13 MOTION to Dismiss Plaintiffs' Complaint, MOTION to Strike Plaintiffs' Complaint filed by HSE Associates, LLC. Motion Hearing set for 5/19/2023 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 4/21/2023. Replies due by 4/28/2023. (O'Neal, Mikayla) (Filed on 4/7/2023) |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #15 MOTION to Dismiss [Proposed] Order MOTION to Strike #14 MOTION to Dismiss Memorandum of Points and Authorities MOTION to Strike #13 MOTION to Dismiss Plaintiffs' Complaint MOTION to Strike Plaintiffs' Complaint , #13 MOTION to D filed by HSE Associates, LLC, #14 MOTION to Dismiss Memorandum of Points and Authorities MOTION to Strike #13 MOTION to Dismiss Plaintiffs' Complaint MOTION to Strike Plaintiffs' Complaint filed by HSE Associates, LLC (cv, COURT STAFF) (Filed on 4/7/2023) |
| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety. Re: #9 Notice (Other) filed by HSE Associates, LLC Notice does NOT set the briefing schedule nor does it set the Motion on calendar for Hearing. Correct Event: Motions General > Dismiss > Strike. (klh, COURT STAFF) (Filed on 4/7/2023) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HSE Associates, LLC.. (Gold, Ivan) (Filed on 4/6/2023) |
| Filing 11 Proposed Order re #9 Notice (Other), #10 Brief re Motion to Dismiss by HSE Associates, LLC. (Gold, Ivan) (Filed on 4/6/2023) |
| Filing 10 MEMORANDUM re #9 Notice (Other) re Motion to Dismiss filed by HSE Associates, LLC. (Related document(s) #9 ) (Gold, Ivan) (Filed on 4/6/2023) Modified on 4/7/2023 (cv, COURT STAFF). |
| Filing 9 NOTICE by HSE Associates, LLC Notice of Motion and Motion to Dismiss the Complaint, and Alternative Motion to Strike (Gold, Ivan) (Filed on 4/6/2023) |
| Filing 8 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 02:00 PM in San Francisco, Courtroom F, 15th Floor. (sfb, COURT STAFF) (Filed on 3/31/2023) |
| Filing 7 NOTICE of Appearance by Mikayla Lauren O'Neal (O'Neal, Mikayla) (Filed on 3/31/2023) |
| Filing 6 Case assigned to Magistrate Judge Joseph C. Spero. 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 4/13/2023. (bw, COURT STAFF) (Filed on 3/30/2023) |
| Filing 5 NOTICE by HSE Associates, LLC re #1 Notice of Removal, All Documents Served in Superior Court Case (Gold, Ivan) (Filed on 3/30/2023) |
| Filing 4 NOTICE of Appearance of Mikayla O. Neal (Gold, Ivan) (Filed on 3/30/2023) Modified on 3/31/2023 (sfb, COURT STAFF). |
| Filing 3 NOTICE of Appearance by Ivan M. Gold (Gold, Ivan) (Filed on 3/30/2023) |
| Filing 2 Certificate of Interested Entities by HSE Associates, LLC identifying Corporate Parent Cypress Woods Associates, LLC, Corporate Parent Benderson Development Company, LLC, Corporate Parent Benderson 85-1 Trust, Corporate Parent Dick Road Blend-All, Corporate Parent Harlem Associates, L.P., Other Affiliate David H. Baldauf, Other Affiliate Stephen C. Scalione, Other Affiliate Shaun Benderson, Other Affiliate Randall Benderson for HSE Associates, LLC. re #1 Notice of Removal, (Gold, Ivan) (Filed on 3/30/2023) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior court. Their case number is 23CV027961. (Filing fee $402 receipt number ACANDC-18126271). Filed byHSE Associates, LLC. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Declaration on Mark Chait, #3 Civil Cover Sheet)(Gold, Ivan) (Filed on 3/30/2023) |
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