California Environmental Protection Association v. Den Beste Yard & Garden, Inc.
Plaintiff: California Environmental Protection Association
Defendant: Denbeste Yard & Garden, Inc. and Den Beste Yard & Garden, Inc.
Case Number: 4:2016cv03914
Filed: July 12, 2016
Court: US District Court for the Northern District of California
Office: Oakland Office
County: Sonoma
Presiding Judge: Jon S Tigar
Referring Judge: Kandis A Westmore
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. § 1319
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 26, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2017 Filing 45 NOTICE of Voluntary Dismissal F.R.C.P. 41(a)(1)(A)(i) by California Environmental Protection Association (Brandt, Craig) (Filed on 10/26/2017)
September 26, 2017 Filing 44 CASE MANAGEMENT STATEMENT filed by Den Beste Yard & Garden, Inc.. (slhS, COURT STAFF) (Filed on 9/26/2017)
September 8, 2017 Opinion or Order Filing 43 ORDER STRIKING DOCUMENTS FILED BY PAUL DEN BESTE AND DENYING MOTION TO STRIKE AS MOOT by Judge Jon S. Tigar; denying as moot #37 Motion to Strike; striking #27 Motion for Sanctions. (Attachments: #(1) Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 9/8/2017)
September 8, 2017 Set Deadlines/Hearings: Case Management Statement due by 11/27/2017. Initial Case Management Conference set for 12/6/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (wsn, COURT STAFF) (Filed on 9/8/2017)
September 1, 2017 Filing 42 Declaration Regarding SERVICE of Process filed by Den Beste Yard & Garden, Inc.. (tnS) (Filed on 9/1/2017)
August 25, 2017 Filing 41 CLERK'S NOTICE REGARDING TEXT ORDER. (Attachments: #1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 8/25/2017)
August 25, 2017 Opinion or Order Filing 40 ORDER DENYING MOTION FOR PERMISSION FOR ELECTRONIC CASE FILINGThe motion for permission for electronic case filing submitted by Paul Den Beste acting in propria persona, ECF No. 31, is denied. "A corporation may appear in federal court only through licensed counsel." United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993). It does not appear that Mr. Den Beste is an attorney. See Civ. L.R. 3-4(a)(1) (attorney must place his or her bar number on any filings with the Court). Accordingly, Mr. Den Beste's filing was not authorized and is ineffective. The request is denied.(Entered by Judge Jon S. Tigar.) (This is a text-only entry generated by the court. There is no document associated with this entry.)
August 3, 2017 Filing 39 NOTICE of Change of Address by Stephan Coles Volker (Volker, Stephan) (Filed on 8/3/2017)
August 3, 2017 Filing 38 OPPOSITION/RESPONSE to (re #27 MOTION for Sanctions) Filed By Stephan C. Volker, Former Attorney for California Environmental Protection Association filed by California Environmental Protection Association. (Attachments: #(1) Declaration of Stephan C. Volker in Opposition to Motion for Sanctions, #(2) Declaration of Teddy Ann Fuss in Opposition to Motion for Sanctions)(Volker, Stephan) (Filed on 8/3/2017)
August 3, 2017 Filing 37 NOTICE OF MOTION & MOTION to Strike Nononforming and Noncompliant Documents filed by Paul Den Beste and OBJECTION to the Same re #26 Answer to Complaint, re #27 MOTION for Sanctions, re #36 Answer to Complaint, re #28 Memorandum in Support; Memorandum of Points and Authorities in Support Thereof; [Proposed] Order Filed By Stephan C. Volker, Former Attorney for California Environmental Protection Association filed by California Environmental Protection Association. Motion Hearing set for 9/28/2017 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 8/17/2017. Replies due by 8/24/2017. (Volker, Stephan) (Filed on 8/3/2017)
July 28, 2017 Filing 36 ANSWER to Complaint by Special Appearance Paul Den Beste Dismissal with Prejudice Due To Failure to Prosecute and Perjury and Due To Ongoing Receivership to Complaint by Paul Den Beste, Den Beste Yard & Garden, Inc.. (jmlS, COURT STAFF) (Filed on 7/28/2017)
July 28, 2017 Filing 35 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/25/2017. Initial Case Management Conference set for 10/4/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (Attachments: #1 Standing Order, #2 Standing Order for All Judges of the Northern District, #3 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 7/28/2017)
July 28, 2017 Opinion or Order Filing 34 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 7/28/2017. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 7/28/2017)
July 27, 2017 Filing 33 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 7/27/2017)
July 26, 2017 Filing 32 CERTIFICATE OF SERVICE by Denbeste Yard & Garden, Inc. re #27 MOTION for Sanctions, #28 Memorandum in Support, #29 Received Document, #30 Consent/Declination to Proceed Before a US Magistrate Judge (jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 31 MOTION for Permission for Electronic Case Filing filed by Denbeste Yard & Garden, Inc. (jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 30 DECLINATION to Proceed Before a United States Magistrate Judge filed by Denbeste Yard & Garden, Inc. (Attachments: #1 Declination to Magistrate)(jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 29 Specially Appearing Defendant Paul Den Beste Assignment of Defense In This Matter to Patrick Bulmer of California Receivership Services by Denbeste Yard & Garden, Inc. (jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 28 MEMORANDUM of Points and Authorities in Support re #27 MOTION for Sanctions filed byDenbeste Yard & Garden, Inc.. (Related document(s) #27 ) (jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 27 Specially Appearing Defendant Paul Den Beste's Notice of Motion and MOTION for Sanctions Against Plaintiff's Attorney Stephan C. Volker For Committing Perjury and Fraud Upon the Court filed by Denbeste Yard & Garden, Inc.. Responses due by 8/9/2017. Replies due by 8/16/2017. (jmlS, COURT STAFF) (Filed on 7/26/2017)
July 26, 2017 Filing 26 ***FILED IN ERRORR. SEE DOCKET #36 FOR CORRECTED DOCUMENT*** ANSWER by Special Appearance Paul Den Beste Dismissal with Prejudice Due To Failure to Prosecute and Perjury and Due To Ongoing Receivership to Complaint by Paul Den Beste (jmlS, COURT STAFF) (Filed on 7/26/2017) Modified on 7/28/2017 (jmlS, COURT STAFF).
July 17, 2017 Filing 25 STATUS REPORT Re: Proof-of-Service by California Environmental Protection Association. (Brandt, Craig) (Filed on 7/17/2017)
July 5, 2017 Opinion or Order Filing 24 ORDER LIFTING STAY and Requiring Status Update. Status Report due by 7/17/2017. Signed by Judge Kandis A. Westmore on 7/5/2017. (kawlc2, COURT STAFF) (Filed on 7/5/2017)
June 26, 2017 Filing 23 Certificate of Interested Entities by California Environmental Protection Association (Brandt, Craig) (Filed on 6/26/2017)
June 26, 2017 Filing 22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Environmental Protection Association.. (Brandt, Craig) (Filed on 6/26/2017)
June 26, 2017 Filing 21 NOTICE of Substitution of Counsel by Craig Alfred Brandt (Brandt, Craig) (Filed on 6/26/2017)
May 31, 2017 Filing 20 CLERK'S NOTICE- Notice is hereby given that the Case Management Conference, previously set for June 6, 2017, is continued to September 5, 2017, at 1:30 p.m., in Courtroom 4, 3rd Floor, 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by August 29, 2017. (This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 5/31/2017)
May 25, 2017 Opinion or Order Filing 19 ORDER Extending Time to Find Counsel and Staying Case. Signed by Judge Kandis A. Westmore on 5/25/2017. (kawlc2, COURT STAFF) (Filed on 5/25/2017) (Additional attachment(s) added on 5/25/2017: #1 Certificate/Proof of Service) (dtmS, COURT STAFF).
May 17, 2017 Filing 18 Letter from California Environmental Protection Association. (jmlS, COURT STAFF) (Filed on 5/17/2017)
April 21, 2017 Filing 17 CERTIFICATE OF SERVICE by California Environmental Protection Association re #16 Order, #15 Order on Motion to Withdraw as Attorney, #14 Motion Hearing,, on California Environmental Protection Association (Volker, Stephan) (Filed on 4/21/2017)
April 20, 2017 Opinion or Order Filing 16 MODIFIED ORDER Granting #11 MOTION to Withdraw as Attorney. Signed by Judge Kandis A. Westmore on 4/20/2017. (kawlc2, COURT STAFF) (Filed on 4/20/2017)
April 20, 2017 Opinion or Order Filing 15 ORDER by Judge Kandis A. Westmore granting #11 Motion to Withdraw as Attorney. (kawlc2, COURT STAFF) (Filed on 4/20/2017)
April 20, 2017 Filing 14 Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Motion granted. Court to issue order. Case stayed for 30 days.Motion Hearing held on 4/20/2017. re #11 MOTION to Withdraw as Attorney for Plaintiff; Memorandum of Points and Authorities; Declaration of Stephan C. Volker; [Proposed] Order filed by California Environmental Protection Association Total Time in Court 2 minutes. Court Reporter Name Sarah Goekler. (sisS, COURT STAFF) (Date Filed: 4/20/2017)
April 5, 2017 Filing 13 CLERK'S NOTICE- Notice is hereby given that the Case Management Conference, previously set for April 11, 2017, is continued to June 6, 2017, at 1:30 p.m., 1301 Clay Street, Oakland, CA.(This is a text only docket entry, there is no document associated with this notice.) I (sisS, COURT STAFF) (Filed on 4/5/2017)
March 10, 2017 Filing 12 CERTIFICATE OF SERVICE by California Environmental Protection Association re #11 MOTION to Withdraw as Attorney for Plaintiff; Memorandum of Points and Authorities; Declaration of Stephan C. Volker; [Proposed] Order on California Environmental Protection Association (Volker, Stephan) (Filed on 3/10/2017)
March 9, 2017 Filing 11 MOTION to Withdraw as Attorney for Plaintiff; Memorandum of Points and Authorities; Declaration of Stephan C. Volker; [Proposed] Order filed by California Environmental Protection Association. Motion Hearing set for 4/20/2017 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Responses due by 3/23/2017. Replies due by 3/30/2017. (Volker, Stephan) (Filed on 3/9/2017)
January 3, 2017 Opinion or Order Filing 10 ORDER AS MODIFIED by Magistrate Judge Kandis A. Westmore granting #9 Motion to Continue Case Management Statement due by 4/4/2017. Initial Case Management Conference set for 4/11/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland.. (sisS, COURT STAFF) (Filed on 1/3/2017)
January 3, 2017 Filing 9 MOTION and [Proposed] Order to Continue Case Management Schedule filed by California Environmental Protection Association. (Volker, Stephan) (Filed on 1/3/2017) Modified on 1/4/2017 (cjlS, COURT STAFF).
September 22, 2016 Set/Reset Hearing re #8 Order on Motion to Continue Initial Case Management Conference set for 1/10/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (sisS, COURT STAFF) (Filed on 9/22/2016)
September 21, 2016 Opinion or Order Filing 8 ORDER AS MODIFIED by Magistrate Judge Kandis A. Westmore granting #7 Motion to Continue. (sisS, COURT STAFF) (Filed on 9/21/2016)
September 21, 2016 Set Deadlines/Hearings: Case Management Statement due by 1/3/2017. Rule 26 Meeting Report due by 1/3/2017. Initial Case Management Conference set for 1/19/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (sisS, COURT STAFF) (Filed on 9/21/2016)
September 19, 2016 Filing 7 MOTION to Continue Case Management Schedule; Declaration of Counsel; [Proposed] Order filed by California Environmental Protection Association. (Volker, Stephan) (Filed on 9/19/2016)
September 16, 2016 Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 9/30/2016. 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. (sisS, COURT STAFF) (Filed on 9/16/2016)
July 13, 2016 Filing 5 Summons Issued as to Denbeste Yard & Garden, Inc. (cjlS, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/4/2016. Case Management Conference set for 10/11/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 7/13/2016)
July 13, 2016 Filing 3 Proposed Summons. (Volker, Stephan) (Filed on 7/13/2016)
July 12, 2016 Filing 2 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. by 7/26/2016. (bwS, COURT STAFF) (Filed on 7/12/2016)
July 12, 2016 Filing 1 COMPLAINT for Injunctive Relief, Civil Penalties, and Remediation against Defendant Den Beste Yard & Garden, Inc., (Filing Fee: $400.00, receipt number 0971-10601225). Filed by California Environmental Protection Association. (Attachments: #(1) Exhibit 1: 60-Day Notice, #(2) Civil Cover Sheet) (Volker, Stephan) (Filed on 7/12/2016)

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Defendant: Denbeste Yard & Garden, Inc.
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Defendant: Den Beste Yard & Garden, Inc.
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Plaintiff: California Environmental Protection Association
Represented By: Craig Alfred Brandt
Represented By: Stephan Coles Volker
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