Unbeatablesale.com, Inc. v. Meta Platforms, Inc.
| UnbeatableSale.com, Inc. |
| Meta Platforms Inc. and Facebook Inc. |
| Jade Gasek, Seth Harrington and Caroline Simons |
| 3:2023cv03719 |
| July 26, 2023 |
| US District Court for the Northern District of California |
| San Francisco Office |
| James Donato |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
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Filing 43
ORDER. For Dkt. No. 42, plaintiff UBS may file an opposition to the motion to dismiss by September 6, 2023. Defendant Meta may file a reply by September 20, 2023. The hearing set for October 5, 2023, is vacated. The Court will set a hearing on the motion if warranted. Signed by Judge James Donato on 8/24/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/24/2023)
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Filing 42
MOTION to Change Time and [Proposed] Order (UNOPPOSED MOTION) filed by Meta Platforms Inc.. Responses due by 9/5/2023. Replies due by 9/12/2023. (Attachments: #1 Declaration of Michelle Visser in Support of Motion)(Visser, Michelle) (Filed on 8/22/2023)
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Filing 41
MOTION to Dismiss Plaintiff's Complaint With Prejudice filed by Meta Platforms Inc.. Motion Hearing set for 10/5/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/23/2023. Replies due by 8/30/2023. (Attachments: #1 Declaration of Jennifer Pricer, #2 Exhibit A to Pricer Declaration, #3 Proposed Order)(Visser, Michelle) (Filed on 8/9/2023)
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Filing 40
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 11/2/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 10/26/2023. Signed by Judge James Donato on 8/9/2023. (lrc, COURT STAFF) (Filed on 8/9/2023)
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Filing 38
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato 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 8/8/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 8/8/2023)
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Filing 37
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 8/8/2023)
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Filing 36
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Meta Platforms Inc... (Visser, Michelle) (Filed on 8/8/2023)
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Filing 35
Certificate of Interested Entities by Meta Platforms Inc. does not have a parent corporation (Visser, Michelle) (Filed on 8/8/2023)
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Filing 34
NOTICE of Appearance by Michelle Lynn Visser (Visser, Michelle) (Filed on 8/8/2023)
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Filing 39
Initial Case Management Scheduling Order with ADR Deadlines. Case Management Statement due by 10/20/2023. Initial Case Management Conference set for 10/27/2023 02:00 PM. (ecg, COURT STAFF) (Filed on 7/27/2023)
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Filing 33
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 8/10/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 7/27/2023)
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Filing 32
Case transferred in from District of New Jersey; Case Number 3:22-cv-06369. Original file certified copy of transfer order and docket sheet received.
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Filing 31
ORDER denying #13 Motion to Dismiss or, or in the Alternative, to Transfer Venue as to the dismissal; Granting as to the Transfer of Venue; The Clerk shall transfer this action to the United States District Court for the Northern District of California; The Clerk is directed to close this case. Signed by Judge Michael A. Shipp on 7/26/2023. (jal, ) Modified on 7/26/2023 (eaj, ).
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Filing 30
MEMORANDUM OPINION Filed. Signed by Judge Michael A. Shipp on 7/26/2023. (jal, )
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***Civil Case Terminated. (jal, )
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Text Minute Entry for proceedings held before Magistrate Judge Rukhsanah L. Singh: Telephone Conference held on 6/13/2023. (mm)
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Filing 29
TEXT ORDER: The settlement conference set for 6/13/2023 is hereby adjourned without a new date. Instead, a telephone conference is hereby scheduled to take place on 6/13/2023 at 10:00 a.m. Please use the following dial-in information to connect to the conference: 1-888-684-8852; when prompted, use Access Code 5521592#. So Ordered by Magistrate Judge Rukhsanah L. Singh on 5/28/2023. (mm)
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Filing 28
Letter re 26 Order,,,, Set Hearings,,,. (CAFASSO, DARRELL)
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Filing 27
Notice of Request by Pro Hac Vice Caroline Simons to receive Notices of Electronic Filings. (CAFASSO, DARRELL)
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Filing 26
TEXT ORDER: An in-person settlement conference is hereby scheduled to take place on 6/13/2023 at 10:00 a.m. Clients with settlement authority, in addition to counsel, must appear in person at the conference. Clients and counsel appearing in person must comply with Standing Order 2022-02 regarding COVID protocols. Given the probability that additional Standing Orders may be entered prior to the settlement conference, counsel is directed to keep informed of same in case the requirements for appearing in person change. The Standing Orders can be found on the District Court's website at https://www.njd.uscourts.gov/standing-orders. Should the parties agree to participate in the settlement conference over zoom, the parties must notify Chambers no later than 14 days before the conference. Parties are instructed to review judicial preferences for procedures in anticipation of the settlement conference. So Ordered by Magistrate Judge Rukhsanah L. Singh on 4/12/2023. (mm)
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Pro Hac Vice counsel, CAROLINE SIMONS, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jal, )
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Filing 25
Letter from UnbeatableSale.com. (SCHWARTZ, TODD)
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Pro Hac Vice fee received as to Caroline Simons: $150, receipt number TRE132004 (in-cmk)
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Filing 24
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice as to Caroline Simons. Signed by Magistrate Judge Rukhsanah L. Singh on 4/4/2023. (mg)
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Filing 23
REPLY to Response to Motion filed by META PLATFORMS, INC. re #13 MOTION to Dismiss Complaint (CAFASSO, DARRELL)
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Filing 22
STIPULATION AND ORDER extending Defendant's time to reply to Plaintiffs response to Defendants motion to dismiss until 4/3/2023. Signed by Judge Michael A. Shipp on 3/23/2023. (jal, )
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Set Deadlines as to #21 MOTION for Leave to Appear Pro Hac Vice . Motion set for 4/17/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
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Filing 21
MOTION for Leave to Appear Pro Hac Vice by META PLATFORMS, INC.. (Attachments: #1 Statement as to why no Brief is Necessary, #2 Certification of Caroline Simons in Support of Pro Hac Vice Admission, #3 Text of Proposed Order admitting Caroline Simons Pro Hac Vice)(CAFASSO, DARRELL)
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Filing 20
STIPULATION extending time to Reply in Support of Motion to Dismiss by META PLATFORMS, INC.. (CAFASSO, DARRELL)
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Filing 19
BRIEF in Opposition filed by UNBEATABLESALE.COM, INC re #13 MOTION to Dismiss Complaint (SCHWARTZ, TODD)
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Filing 18
JOINT STIPULATION AND ORDER that Defendant's motion to dismiss is carried to 4/3/2023; Plaintiff will have to and including 3/20/2023 to respond to Defendant's motion to dismiss. Signed by Judge Michael A. Shipp on 3/3/2023. (kht)
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Reset Deadlines as to #13 MOTION to Dismiss Complaint. Motion set for 4/3/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht)
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Filing 17
STIPULATION re #13 MOTION to Dismiss Complaint by UNBEATABLESALE.COM, INC. (SCHWARTZ, TODD)
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Pro Hac Vice counsel, JADE GASEK and SETH HARRINGTON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jal, )
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Filing 16
Notice of Request by Pro Hac Vice Seth Harrington to receive Notices of Electronic Filings. (CAFASSO, DARRELL)
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Filing 15
Notice of Request by Pro Hac Vice Jade Gasek to receive Notices of Electronic Filings. (CAFASSO, DARRELL)
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Reset Deadlines as to #13 MOTION to Dismiss Complaint. Motion set for 3/20/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
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Filing 14
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by UNBEATABLESALE.COM, INC re #13 MOTION to Dismiss Complaint (SCHWARTZ, TODD)
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Pro Hac Vice fee received as to JADE GASEK and SETH HARRINGTON: $ 300, receipt number 131001. (jdg)
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Set Deadlines as to #13 MOTION to Dismiss Complaint. Motion set for 3/6/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
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Filing 13
MOTION to Dismiss Complaint by META PLATFORMS, INC.. (Attachments: #1 Memo of Law ISO Motion, #2 Request for Judicial Notice, #3 Exhibit A - Facebook's Terms of Service, #4 Exhibit B - Facebook Help Center, #5 Exhibit C - Facebook Help Center, #6 Exhibit D - Community Standards, #7 Exhibit E - Commerce Policies, #8 Text of Proposed Order, #9 Certificate of Service)(CAFASSO, DARRELL)
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Filing 12
Corporate Disclosure Statement by META PLATFORMS, INC. identifying No Parent Company as Corporate Parent.. (CAFASSO, DARRELL)
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Filing 11
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice Admission as to Seth Harrington and Jade Gasek. Signed by Magistrate Judge Rukhsanah L. Singh on 1/24/2023. (kht)
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Filing 10
STIPULATION AND ORDER that Defendant will have until 2/8/2023 to respond to Plaintiff's Complaint. (jdg, )
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Filing 9
STIPULATION and Proposed Order to extend time for Defendant to respond to Complaint by META PLATFORMS, INC.. (CAFASSO, DARRELL)
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Filing 8
STIPULATION AND ORDER extending time for Defendant to respond to Plaintiff's complaint until 1/24/2023. Signed by Magistrate Judge Rukhsanah L. Singh on 12/30/2022. (jal, )
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Set Deadlines as to #6 MOTION for Leave to Appear Pro Hac Vice Seth Harrington and Jade Gasek. Motion set for 2/6/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
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Filing 7
STIPULATION Extending time to respond to the Complaint by META PLATFORMS, INC.. (CAFASSO, DARRELL)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice Seth Harrington and Jade Gasek by META PLATFORMS, INC.. (Attachments: #1 Statement as to why no Brief is Necessary, #2 Certification of Seth Harrington in Support of Pro Hac Vice Admission, #3 Certification of Jade Gasek in Support of Pro Hac Vice Admission, #4 Text of Proposed Order admitting Seth Harrington and Jade Gasek Pro Hac Vice)(CAFASSO, DARRELL)
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Filing 5
NOTICE of Appearance by DARRELL S. CAFASSO on behalf of META PLATFORMS, INC. (CAFASSO, DARRELL)
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Filing 4
WAIVER OF SERVICE Returned Executed by UNBEATABLESALE.COM, INC. META PLATFORMS, INC. waiver sent on 11/10/2022, answer due 1/9/2023. (SCHWARTZ, TODD)
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Filing 3
Corporate Disclosure Statement by UNBEATABLESALE.COM, INC. (SCHWARTZ, TODD)
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Filing 2
SUMMONS ISSUED as to META PLATFORMS, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mlh)
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Filing 1
COMPLAINT against META PLATFORMS, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-13798268) with JURY DEMAND, filed by UNBEATABLESALE.COM, INC. (Attachments: #1 Exhibit Screen Shots, #2 Civil Cover Sheet)(SCHWARTZ, TODD)
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Judge Michael A. Shipp and Magistrate Judge Rukhsanah L. Singh added. (mlh)
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (mlh)
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