Cakebread Cellars, Inc. 401(K) Plan v. Gonzalez et al
| Cakebread Cellars, Inc. 401(K) Plan |
| Maria Gonzalez, Maria Martinez and Martin Martinez |
| 3:2015cv04522 |
| October 1, 2015 |
| US District Court for the Northern District of California |
| James Donato |
| Other Statutory Actions |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.
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Filing 27
ORDER ADMINISTRATIVELY CLOSING CASE AND DIRECTING PLAINTIFF TO SHOW CAUSE. OSC response due by 4/22/19. Signed by Judge James Donato on 3/29/2019. (jdlc2S, COURT STAFF) (Filed on 3/29/2019)
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Filing 26
Order by Hon. James Donato denying #23 Motion for Attorneys' Fees and Costs. (jdlc2S, COURT STAFF) (Filed on 9/20/2016)
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Filing 25
Order by Hon. James Donato vacating hearing on #23 Motion for Attorney Fees. Pursuant to Civil Local Rule 7-1(b), the Court finds this motion to be suitable for decision without oral argument. The Court takes the motion under submission and will issue a written decision. The hearing that was set for March 23, 2016, is vacated. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 3/18/2016)
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| Filing 24 Proposed Order re #23 MOTION for Attorney Fees and Costs Incurred By Cakebread Cellars, Inc.'s 401 (K) Plan Pursuant to Interpleader Action; Declaration of Elise D. Klein by Cakebread Cellars, Inc. 401(K) Plan. (Dinkelspiel, Hilary) (Filed on 2/12/2016) |
| Filing 23 MOTION for Attorney Fees and Costs Incurred By Cakebread Cellars, Inc.'s 401 (K) Plan Pursuant to Interpleader Action; Declaration of Elise D. Klein filed by Cakebread Cellars, Inc. 401(K) Plan. Motion Hearing set for 3/23/2016 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 2/26/2016. Replies due by 3/4/2016. (Dinkelspiel, Hilary) (Filed on 2/12/2016) |
| Filing 22 NOTICE by Cakebread Cellars, Inc. 401(K) Plan Request for Entry of Default As to Martin Martinez; Declaration of Hilary A. Dinkelspiel in Support Thereof (Dinkelspiel, Hilary) (Filed on 2/10/2016) |
| Filing 21 NOTICE by Cakebread Cellars, Inc. 401(K) Plan Request for Entry of Default As to Maria Gonzalez; Declaration of Hilary A. Dinkelspiel in Support Thereof (Dinkelspiel, Hilary) (Filed on 2/10/2016) |
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Filing 20
ORDER by Judge James Donato. Plaintiff Cakebread Cellars Inc. 401(K) Plan is directed to pursue whatever relief it wishes to have in this interpleader action by making a proper request to the Court by way of a motion. Merely including requests in a complaint or a case management conference statement does not suffice. Any motion that is filed, however, should be efficiently prepared and succinctly made. Counsel is reminded that in cases like these, "because the attorneys' fees are paid from the interpleaded fund itself, there is an important policy interest in seeing that the fee award does not deplete the fund at the expense of the party who is ultimately deemed entitled to it." Trustees of Directors Guild of Am.-Producer Pension Benefits Plans v. Tise, 234 F.3d 415, 427 (9th Cir.), opinion amended on denial of reh'g, 255 F.3d 661 (9th Cir. 2000). The case management conference that was set for January 13, 2016 at 1:30 p.m. is vacated, and the #17 telephonic appearance request is denied as moot. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 1/8/2016)
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| Filing 19 AFFIDAVIT re #18 Case Management Statement of Hilary A. Dinkelspiel in support of Cakebread Cellars, Inc.'s 401(K) Plan's Separate Case Management Statement Submission by Cakebread Cellars, Inc. 401(K) Plan. (Dinkelspiel, Hilary) (Filed on 1/6/2016) |
| Filing 18 CASE MANAGEMENT STATEMENT filed by Cakebread Cellars, Inc. 401(K) Plan. (Dinkelspiel, Hilary) (Filed on 1/6/2016) |
| Filing 17 Ex Parte Application to participate telephonically at initial Case Management Conference and Declaration of Elise Klein in support thereof filed by Cakebread Cellars, Inc. 401(K) Plan. (Attachments: #1 Proposed Order)(Klein, Elise) (Filed on 1/5/2016) |
| Filing 16 CERTIFICATE of Counsel by Hilary Ann Dinkelspiel on behalf of Cakebread Cellars, Inc. 401(K) Plan (Dinkelspiel, Hilary) (Filed on 10/21/2015) |
| Filing 15 SUMMONS Returned Executed by Cakebread Cellars, Inc. 401(K) Plan. Martin Martinez served on 10/2/2015, answer due 10/23/2015. (Dinkelspiel, Hilary) (Filed on 10/21/2015) |
| Filing 14 SUMMONS Returned Executed by Cakebread Cellars, Inc. 401(K) Plan. Maria Gonzalez served on 10/2/2015, answer due 10/23/2015. (Dinkelspiel, Hilary) (Filed on 10/21/2015) |
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Filing 13
CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 1/6/2016. Case Management Conference set for 1/13/2016 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 10/19/15. (lrcS, COURT STAFF) (Filed on 10/19/2015)
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on October 16, 2015. (cjlS, COURT STAFF) (Filed on 10/16/2015)
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| 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. (sisS, COURT STAFF) (Filed on 10/16/2015) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cakebread Cellars, Inc. 401(K) Plan.. (Dinkelspiel, Hilary) (Filed on 10/15/2015) |
| Filing 9 Summons Issued as to Maria Gonzalez, Martin Martinez. (cjlS, COURT STAFF) (Filed on 10/2/2015) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/5/2016. Case Management Conference set for 1/12/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 10/2/2015) |
| Filing 7 Case assigned to Magistrate Judge Kandis A. Westmore. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 10/1/2015) |
| Filing 6 Proposed Summons. (Dinkelspiel, Hilary) (Filed on 10/1/2015) |
| Filing 5 Certificate of Interested Entities by Cakebread Cellars, Inc. 401(K) Plan re #1 Complaint (Dinkelspiel, Hilary) (Filed on 10/1/2015) |
| Filing 4 Declaration of Nicole Cummings in Support of #1 Complaint filed by Cakebread Cellars, Inc. 401(K) Plan. (Attachments: #1 Exhibit 1)(Related document(s) #1 ) (Dinkelspiel, Hilary) (Filed on 10/1/2015) Modified on 10/2/2015 (cjlS, COURT STAFF). |
| Filing 3 Declaration of Hilary A. Dinkelspiel in Support of #1 Complaint filed by Cakebread Cellars, Inc. 401(K) Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #1 ) (Dinkelspiel, Hilary) (Filed on 10/1/2015) Modified on 10/2/2015 (cjlS, COURT STAFF). |
| Filing 2 Request for Judicial Notice re #1 Complaint filed byCakebread Cellars, Inc. 401(K) Plan. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #1 ) (Dinkelspiel, Hilary) (Filed on 10/1/2015) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-9882298.). Filed byCakebread Cellars, Inc. 401(K) Plan. (Attachments: #1 Civil Cover Sheet)(Dinkelspiel, Hilary) (Filed on 10/1/2015) |
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