Peacock v. The 21st Amendment Brewery Cafe, LLC
Plaintiff: Peacock and Brendan Peacock
Defendant: The 21st Amendment Brewery Cafe, LLC
Case Number: 4:2017cv01918
Filed: April 6, 2017
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Alameda
Presiding Judge: Maria-Elena James
Referring Judge: Jon S Tigar
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2018 Opinion or Order Filing 59 STIPULATION AND ORDER re #58 STIPULATION WITH [PROPOSED] ORDER FOR DISMISSAL OF ACTION filed by Brendan Peacock. Signed by Judge Jon S. Tigar on March 29, 2018. (wsn, COURT STAFF) (Filed on 3/29/2018)
March 29, 2018 Filing 58 STIPULATION WITH [PROPOSED] ORDER FOR DISMISSAL OF ACTION filed by Brendan Peacock. (Beck, Elizabeth) (Filed on 3/29/2018)
March 6, 2018 Opinion or Order Filing 57 ORDER TO FILE STIPULATION OF DISMISSAL re #55 Joint Notice of Settlement filed by The 21st Amendment Brewery Cafe, LLC. Dismissal or Statement due by 4/20/2018. Further Case Management Conference set for 5/9/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on March 6, 2018. (wsn, COURT STAFF) (Filed on 3/6/2018)
March 6, 2018 Filing 56 ADR Remark: ADR Phone Conference scheduled on Tuesday, March 6, 2018 at 1:30 PM Pacific Time is off calendar. (cmf, COURT STAFF) (Filed on 3/6/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.)
March 5, 2018 Filing 55 NOTICE filed by The 21st Amendment Brewery Cafe, LLC re Joint Notice of Settlement (Pak, Eugene) (Filed on 3/5/2018)
March 5, 2018 Filing 54 ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, March 6, 2018 at 1:30 PM Pacific Time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 3/5/2018)
January 24, 2018 Opinion or Order Filing 53 SCHEDULING ORDER. Deadline to add parties or amend the pleadings 2/2/2018. Case Management Statement due 3/28/2018 by 12:00 PM. Telephone Conference set for 3/30/2018 at 1:30 PM in Oakland before Judge Jon S. Tigar. Class certification expert disclosures 10/19/2018. Class certification expert rebuttal 11/16/2018. Class certification expert discovery cut-off 12/21/2018. Class certification motion due 1/25/2019. Class certification opposition due 2/22/2019. Class certification reply due 3/15/2019. Signed by Judge Jon S. Tigar on January 24, 2018. (wsn, COURT STAFF) (Filed on 1/24/2018)
January 17, 2018 Filing 52 Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 1/17/2018. Telephone Conference set for 3/30/2018 at 2:00 PM before Judge Jon S. Tigar. Total Time in Court: 30 minutes. Court Reporter: Not Reported. (wsn, COURT STAFF) (Date Filed: 1/17/2018)
January 17, 2018 Opinion or Order Filing 51 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS by Judge Jon S. Tigar; granting in part and denying in part #17 Motion to Dismiss. (wsn, COURT STAFF) (Filed on 1/17/2018)
January 8, 2018 Filing 50 JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 1/8/2018)
October 27, 2017 Opinion or Order Filing 49 STIPULATION AND ORDER re #48 STIPULATION WITH [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR THE PARTIES TO COMPLETE ALTERNATIVE DISPUTE RESOLUTION filed by Brendan Peacock. Signed by Judge Jon S. Tigar on October 27, 2017. (wsn, COURT STAFF) (Filed on 10/27/2017)
October 26, 2017 Filing 48 STIPULATION WITH [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR THE PARTIES TO COMPLETE ALTERNATIVE DISPUTE RESOLUTION filed by Brendan Peacock. (Beck, Elizabeth) (Filed on 10/26/2017)
October 26, 2017 Filing 47 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference previously set for 11/2/2017 is continued to 1/17/2018 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. A Joint Case Management Statement is due by 1/8/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 10/26/2017)
October 25, 2017 Filing 46 REPLY (re #17 MOTION to Dismiss); -Response to Plaintiff's Notice of Supplemental Authority filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 10/25/2017)
October 25, 2017 Opinion or Order Filing 45 ORDER VACATING HEARING re #17 MOTION to Dismiss filed by The 21st Amendment Brewery Cafe, LLC. Signed by Judge Jon S. Tigar on October 25, 2017. (wsn, COURT STAFF) (Filed on 10/25/2017)
October 24, 2017 Filing 44 JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 10/24/2017)
October 23, 2017 Filing 43 NOTICE of Supplemental Authority filed by Brendan Peacock re #39 Opposition/Response to re #17 MOTION to Dismiss; -NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS (Attachments: #(1) Exhibit 1)(O'Brien, Cullin) (Filed on 10/23/2017)
October 20, 2017 Filing 42 Certificate of Interested Entities or Persons filed by Brendan Peacock (Beck, Elizabeth) (Filed on 10/20/2017)
October 11, 2017 Filing 41 Request for Judicial Notice re #40 Reply to Opposition/Response re Motion to Dismiss Plaintiff's Class Action Complaint filed by The 21st Amendment Brewery Cafe, LLC. (Related document(s) #40 ) (Pak, Eugene) (Filed on 10/11/2017)
October 11, 2017 Filing 40 REPLY (re #17 MOTION to Dismiss ) filed byThe 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 10/11/2017)
September 27, 2017 Filing 39 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss ) filed byBrendan Peacock. (O'Brien, Cullin) (Filed on 9/27/2017)
September 22, 2017 Opinion or Order Filing 38 ORDER by Judge Jon S. Tigar granting #37 Administrative Motion Granting Corrected Pro Hac Vice Application of Cullin O'Brien. (wsn, COURT STAFF) (Filed on 9/22/2017)
September 22, 2017 Filing 37 ADMINISTRATIVE MOTION Granting Corrected Pro Hac Vice Application of Cullin O'Brien filed by Brendan Peacock. Responses due by 9/26/2017. (Attachments: #1 Signature Page (Declarations/Stipulations) Stipulation to Replace Application for Admission of Attorney Pro Hac Vice, #2 Exhibit Application for Admission of Attorney Pro Hac Vice)(Sohn, David) (Filed on 9/22/2017)
September 20, 2017 Set/Reset Hearing Mediation Hearing set for 11/3/2017 at the Mediator's San Francisco office. Start time to be determined. (cmf, COURT STAFF) (Filed on 9/20/2017)
September 7, 2017 Opinion or Order Filing 36 STIPULATION AND ORDER re #35 STIPULATION WITH [PROPOSED] ORDER to Extend Time to Respond and Reply to Motion to Dismiss filed by The 21st Amendment Brewery Cafe, LLC. Signed by Judge Jon S. Tigar on September 7, 2017. (wsn, COURT STAFF) (Filed on 9/7/2017)
September 7, 2017 Set/Reset Deadlines as to #17 MOTION to Dismiss. Responses due by 9/27/2017. Replies due by 10/11/2017. (wsn, COURT STAFF) (Filed on 9/7/2017)
September 6, 2017 Filing 35 STIPULATION WITH [PROPOSED] ORDER to Extend Time to Respond and Reply to Motion to Dismiss and Extend Defendant's Time to Reply filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 9/6/2017)
September 1, 2017 Filing 34 NOTICE of Appearance by David Sohn for Plaintiff (Sohn, David) (Filed on 9/1/2017)
August 30, 2017 Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant (Pak, Eugene) (Filed on 8/30/2017)
August 30, 2017 Filing 32 ADR Clerk's Notice Appointing Simon Frankel as Mediator. (cmf, COURT STAFF) (Filed on 8/30/2017)
August 16, 2017 Filing 31 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference previously set for 8/23/2017 is continued to 11/2/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco, and will be held at the conclusion of the motion hearing. A Joint Case Management Statement is due by 10/24/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 8/16/2017)
August 14, 2017 Set/Reset Deadlines as to #17 MOTION to Dismiss. Responses due by 9/13/2017. Replies due by 9/29/2017. Motion Hearing set for 11/2/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 8/14/2017)
August 14, 2017 Opinion or Order Filing 30 Order by Judge Jon S. Tigar on 8/14/2017 granting #28 Stipulation to Extend Plaintiff's Time to Respond to re #17 Defendant's MOTION to Dismiss, and Extend Defendant's Time to Reply. Motion Hearing re-set for 11/2/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (tnS) (Filed on 8/14/2017)
August 14, 2017 Opinion or Order Filing 29 Order Signed by Hon. Jon S. Tigar granting #27 Stipulation and [Proposed] Order Selecting ADR Process-Mediation. (tnS) (Filed on 8/14/2017)
August 14, 2017 Filing 28 STIPULATION AND [PROPOSED] ORDER to Extend Plaintiff's Time to Respond to re #17 Defendant's MOTION to Dismiss and Extend Defendant's Time to Reply filed by Brendan Peacock. (Beck, Elizabeth) (Filed on 8/14/2017)
August 11, 2017 Filing 27 STIPULATION and [Proposed] Order Selecting Mediation by The 21st Amendment Brewery Cafe, LLC Jointly with Plaintiff filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 8/11/2017)
August 11, 2017 Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff (Beck, Elizabeth) (Filed on 8/11/2017)
August 10, 2017 Filing 25 NOTICE of Appearance by Katherine Kao (Kao, Katherine) (Filed on 8/10/2017)
August 9, 2017 Filing 24 NOTICE by Brendan Peacock re #21 Order on Motion for Pro Hac Vice - Notice of Mistakenly Incorrect Pro Hac Vice Application - Pro Hac Filer (O'Brien, Cullin) (Filed on 8/9/2017)
August 8, 2017 Filing 23 CLERK ERROR - PLEASE DISREGARD AND REFER TO DOCUMENT #22 . ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/8/2017) Modified on 8/8/2017 (ewh, COURT STAFF).
August 8, 2017 Filing 22 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/8/2017)
August 4, 2017 Opinion or Order Filing 21 SEE ECF NO. #38 .ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY CULLIN O'BRIEN PRO HAC VICE by Judge Jon S. Tigar; granting #20 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 8/4/2017) Modified on 9/25/2017 (wsn, COURT STAFF).
August 4, 2017 Filing 20 MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11603478) filed by Brendan Peacock. (Attachments: #(1) Certificate of Good Standing for Cullin Avram O'Brien)(O'Brien, Cullin) (Filed on 8/4/2017)
July 31, 2017 Filing 19 [Proposed] Order Granting re #17 MOTION to Dismiss Plaintiff's Class Action Complaint filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 7/31/2017)
July 31, 2017 Filing 18 Request for Judicial Notice in Support of re #17 MOTION to Dismiss Plaintiff's Class Action Complaint, with EXHIBIT A to I filed by The 21st Amendment Brewery Cafe, LLC. (Attachments: #1 Exhibit A to I)(Pak, Eugene) (Filed on 7/31/2017)
July 31, 2017 Filing 17 NOTICE OF MOTION & MOTION to Dismiss Plaintiff's Class Action Complaint; Memorandum of Points & Authorities in Support Thereof filed by The 21st Amendment Brewery Cafe, LLC. Motion Hearing set for 10/5/2017 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 8/14/2017. Replies due by 8/21/2017. (Pak, Eugene) (Filed on 7/31/2017)
July 31, 2017 Filing 16 Disclosure of Non-party Interested Entities or Persons filed by The 21st Amendment Brewery Cafe, LLC (Pak, Eugene) (Filed on 7/31/2017)
June 30, 2017 Opinion or Order Filing 15 ORDER ON STIPULATION TO EXTEND TIME TO ANSWER COMPLAINT OR FILE OTHER RESPONSIVE PLEADING AND CONTINUE CASE MANAGEMENT CONFERENCE re #14 STIPULATION WITH PROPOSED ORDER, #13 STIPULATION WITH PROPOSED ORDER filed by The 21st Amendment Brewery Cafe, LLC. Signed by Judge Jon S. Tigar on June 30, 2017. (wsn, COURT STAFF) (Filed on 6/30/2017)
June 29, 2017 Filing 14 STIPULATION WITH [PROPOSED] ORDER re #13 STIPULATION WITH [PROPOSED] ORDER to Extend Time to File Responsive Pleading and Continue Case Management Conference - (Amended to Include e-Signature) filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 6/29/2017)
June 29, 2017 Filing 13 STIPULATION WITH [PROPOSED] ORDER to Extend Time to File Responsive Pleading and Continue Case Management Conference filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 6/29/2017)
May 30, 2017 Opinion or Order Filing 12 STIPULATION AND ORDER re #11 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint and Continue Case Management Conference filed by The 21st Amendment Brewery Cafe, LLC. Case Management Statement due by 8/14/2017. Initial Case Management Conference set for 8/23/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on May 30, 2017. (wsn, COURT STAFF) (Filed on 5/30/2017)
May 26, 2017 Filing 11 STIPULATION WITH [PROPOSED] ORDER to Extend Time to Respond to Complaint and Continue Case Management Conference filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 5/26/2017)
May 10, 2017 Filing 10 STIPULATION to Extend Time to Respond to Complaint filed by The 21st Amendment Brewery Cafe, LLC. (Pak, Eugene) (Filed on 5/10/2017)
May 10, 2017 Filing 9 NOTICE of Appearance by Eugene Moon Pak and Jason M. Horst of Wendel, Rosen, Black & Dean LLP (Pak, Eugene) (Filed on 5/10/2017)
May 4, 2017 Filing 8 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/3/2017. Initial Case Management Conference set for 7/12/2017 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) (wsn, COURT STAFF) (Filed on 5/4/2017)
May 4, 2017 Opinion or Order Filing 7 ORDER, Case reassigned to Judge Jon S. Tigar. Magistrate Judge Maria-Elena James 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 5/4/17. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/4/2017)
May 3, 2017 Filing 6 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. (rmm2S, COURT STAFF) (Filed on 5/3/2017)
April 20, 2017 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BRENDAN PEACOCK.. (Beck, Elizabeth) (Filed on 4/20/2017)
April 14, 2017 Filing 4 STIPULATION for Defendant's Counsel to Accept Service and Answer or File Other Responsive Pleading re #1 Complaint filed by BRENDAN PEACOCK. (Beck, Elizabeth) (Filed on 4/14/2017)
April 7, 2017 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/29/2017. Case Management Conference set for 7/6/2017 10:00 AM. (hdjS, COURT STAFF) (Filed on 4/7/2017)
April 6, 2017 Filing 2 Case assigned to Magistrate Judge Maria-Elena James. 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. Consent/Declination due by 4/20/2017. (srnS, COURT STAFF) (Filed on 4/6/2017)
April 6, 2017 Filing 1 COMPLAINT against THE 21ST AMENDMENT BREWERY CAFE, LLC, (Filing Fee: $400.00, receipt number 0971-11294883). Filed by BRENDAN PEACOCK. (Attachments: #(1) Declaration of Venue, #2 Civil Cover Sheet)(Beck, Jared) (Filed on 4/6/2017)

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Defendant: The 21st Amendment Brewery Cafe, LLC
Represented By: Katherine Kao
Represented By: Jason M. Horst
Represented By: Eugene Moon Pak
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Plaintiff: Peacock
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Plaintiff: Brendan Peacock
Represented By: Cullin Avram O'Brien
Represented By: Jared Harrison Beck
Represented By: David D. Sohn
Represented By: Elizabeth Lee Beck
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