Tomcoh Commerce Inc. v. Treeti, Inc. et al
| Tomcoh Commerce Inc., dba Momentum Design Lab, Tomcoh Commerce Inc. and Tomcoh Commerce Inc. doing business as Momentum Design Lab |
| Brandi Becker-Jones, Thomas Lakeman, Treeti, Inc. and Amorette Jones |
| 4:2018cv05847 |
| September 24, 2018 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Joseph C Spero |
| Copyright |
| 28 U.S.C. § 1338 |
| None |
Docket Report
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This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.
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Filing 48
ORDER RE: MOTION FOR PRELIMINARY INJUNCTION AND RELATED MOTIONS; ORDER SETTING COMPLIANCE HEARING. Order by Judge Yvonne Gonzalez Rogers denying as moot sole viable basis of #8 Motion for Preliminary Injunction without prejudice to refiling; directing Momentum and Treeti to proceed before JAMS for arbitration; staying action as to Individual Defendants; denying without prejudice #35 Motion to Dismiss as it pertains to Individual Defendants; The action is STAYED as to the Individual Defendants. setting compliance hearing for 9:01 a.m. on Friday, March 29, 2019. (ygrlc5S, COURT STAFF) (Filed on 11/20/2018) Modified on 11/21/2018 (cpS, COURT STAFF).
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| Filing 46 Supplemental Declaration of Treeti, Inc. in Response to #41 Order, filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Related document(s) #41 ) (Valentina, Elizabeth) (Filed on 11/19/2018) Modified on 11/20/2018 (cpS, COURT STAFF). |
| Filing 45 Supplemental Declaration of Amorette Jones in Response to #41 Order, filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Related document(s) #41 ) (Valentina, Elizabeth) (Filed on 11/19/2018) Modified on 11/20/2018 (cpS, COURT STAFF). |
| Filing 44 Supplemental Declaration of Brandi Becker-Jones in Response to #41 Order, filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Related document(s) #41 ) (Valentina, Elizabeth) (Filed on 11/19/2018) Modified on 11/20/2018 (cpS, COURT STAFF). |
| Filing 43 Supplemental Declaration of Thomas Lakeman in Response to re #41 Order filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Related document(s) #41 ) (Valentina, Elizabeth) (Filed on 11/19/2018) Modified on 11/20/2018 (cpS, COURT STAFF). |
| Filing 42 NOTICE of Appearance by Elizabeth Valentina as Counsel for Defendants (Valentina, Elizabeth) (Filed on 11/15/2018) |
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Filing 41
ORDER REQUESTING FURTHER SUBMISSION re #8 MOTION for Preliminary Injunction filed by Tomcoh Commerce Inc. Supplemental declarations filed by Monday, November 19, 2018 at 10:00 AM. Signed by Judge Yvonne Gonzalez Rogers on 11/15/18. (fs, COURT STAFF) (Filed on 11/15/2018)
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| Filing 47 Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Motion Hearing held and submitted on 11/14/2018 re #35 MOTION to Dismiss Plaintiff's Complaint Or, In The Alternative, Dismiss The Individual Defendants And Compel Arbitration filed by Thomas Lakeman, Brandi Becker-Jones, Amorette Jones, Treeti, Inc., #8 MOTION for Preliminary Injunction filed by Tomcoh Commerce Inc. Total Time in Court: 51 minutes. Court Reporter: Diane Skillman. (fs, COURT STAFF) (Date Filed: 11/14/2018) |
| Filing 40 NOTICE of Appearance by Joseph Vincent Mauch for Plaintiff Tomcoh Commerce, Inc. dba Momentum Design Lab (Mauch, Joseph) (Filed on 11/13/2018) |
| Filing 39 REPLY (re #35 MOTION to Dismiss Plaintiff's Complaint Or, In The Alternative, Dismiss The Individual Defendants And Compel Arbitration ) filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Joyner, Jeffrey) (Filed on 10/29/2018) |
| Filing 38 OPPOSITION/RESPONSE (re #35 MOTION to Dismiss Plaintiff's Complaint Or, In The Alternative, Dismiss The Individual Defendants And Compel Arbitration ) filed byTomcoh Commerce Inc.. (Attachments: #1 Proposed Order)(Munzinger, Richard) (Filed on 10/24/2018) |
| Filing 37 REPLY (re #8 MOTION for Preliminary Injunction ) filed byTomcoh Commerce Inc.. (Attachments: #1 Declaration David Thomson)(Munzinger, Richard) (Filed on 10/19/2018) |
| Filing 36 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/7/2019. Initial Case Management Conference set for Monday, 1/14/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 10/16/2018) |
| Filing 35 MOTION to Dismiss Plaintiff's Complaint Or, In The Alternative, Dismiss The Individual Defendants And Compel Arbitration filed by Brandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. Motion Hearing set for 11/14/2018 03:30 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 10/29/2018. Replies due by 11/5/2018. (Attachments: #1 Declaration of Michael Augustin, #2 Exhibit A to the Declaration of Michael Augustin, #3 Exhibit B to the Declaration of Michael Augustin, #4 Proposed Order Granting Motion to Dismiss)(Joyner, Jeffrey) (Filed on 10/15/2018) |
| Filing 34 OPPOSITION/RESPONSE (re #8 MOTION for Preliminary Injunction ) filed byBrandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Attachments: #1 Declaration of Elizabeth Valentina, #2 Declaration of Amorette Jones, #3 Proposed Order)(Joyner, Jeffrey) (Filed on 10/12/2018) |
| Filing 33 CLERK'S NOTICE RE-SETTING MOTION HEARING. In light of the filing at Dkt. no. 32, the Motion for Preliminary Injunction hearing set for 11/6/2018 is CONTINUED to specially set time of Wednesday, 11/14/2018 at 03:30 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Set/Reset Deadlines as to #8 MOTION for Preliminary Injunction . (This is a text-only entry generated by the court. There is no document associated with this entry.)(fs, COURT STAFF) (Filed on 10/11/2018) |
| Filing 32 Plaintiff's Notice of Request to Continue Hearing by Tomcoh Commerce Inc. (Munzinger, Richard) (Filed on 10/10/2018) Modified on 10/11/2018 (cjlS, COURT STAFF). |
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Filing 31
ORDER SETTING BRIEFING SCHEDULE. Set/Reset Deadlines as to #8 MOTION for Preliminary Injunction: Defendants' Opposition/Responses due by 10/12/2018 by 12:00 pm. Replies due by 10/19/2018. Motion Hearing is ADVANCED to Tuesday, 11/6/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Defendants' answer to complaint filed by 11/14/18; otherwise any motion shall be due by 10/15/2018. Plaintiff's opposition filed 10/24/18. Reply filed five days after. Signed by Judge Yvonne Gonzalez Rogers on 10/10/18. (fs, COURT STAFF) (Filed on 10/10/2018)
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| #Electronic filing error. [err201] REMINDER: Counsel are instructed that all future filings shall bear the initials YGR immediately after the case number instead of JCS. The corre ct case format is: 4:18-cv-5847-YGR. (cjlS, COURT STAFF) (Filed on 10/10/2018) |
| Filing 30 Proposed Order re #28 Opposition/Response to Motion by Tomcoh Commerce Inc.. (Winder, Miles) (Filed on 10/9/2018) |
| Filing 29 Declaration of Miles S. Winder in Support of #28 Opposition/Response to Motion filed byTomcoh Commerce Inc.. (Related document(s) #28 ) (Winder, Miles) (Filed on 10/9/2018) |
| Filing 28 OPPOSITION/RESPONSE (re #8 MOTION for Preliminary Injunction ) to Defendants' Administrative Motion To Extend Time filed byTomcoh Commerce Inc.. (Winder, Miles) (Filed on 10/9/2018) |
| Filing 27 CLERK'S NOTICE OF CORRECTION. RESETTING MOTION HEARING BACK ON CALENDAR.The Motion for Preliminary Injunction hearing WILL BE HELD on Tuesday, 11/13/18 at 2:00pm. [Disregard the clerk notice that, in error, vacated the hearing date. ] #8 MOTION for Preliminary Injunction . Motion Hearing set for 11/13/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to (fs, COURT STAFF) (Filed on 10/9/2018) |
| Filing 26 CLERK'S NOTICE VACATING HEARING ON MOTION FOR PRELIMINARY INJUNCTION.The 11/13/18 at 2:00pm Motion hearing date is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 10/9/2018) |
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Filing 25
ORDER by Judge Yvonne Gonzalez Rogers granting #19 Ex Parte Application to Shorten Time for Opposition. (fs, COURT STAFF) (Filed on 10/9/2018)
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| Filing 24 CERTIFICATE OF SERVICE by Tomcoh Commerce Inc. re #11 Declaration in Support, #10 Declaration in Support, #4 Initial Case Management Scheduling Order with ADR Deadlines, #9 Declaration in Support, 3 Case Assigned by Intake,,, #1 Complaint, #12 Proposed Order, #5 Summons Issued, #8 MOTION for Preliminary Injunction (Winder, Miles) (Filed on 10/9/2018) |
| Filing 23 CERTIFICATE OF SERVICE by Tomcoh Commerce Inc. re #11 Declaration in Support, #10 Declaration in Support, #4 Initial Case Management Scheduling Order with ADR Deadlines, #9 Declaration in Support, 3 Case Assigned by Intake,,, #1 Complaint, #12 Proposed Order, #5 Summons Issued, #8 MOTION for Preliminary Injunction (Winder, Miles) (Filed on 10/9/2018) |
| Filing 22 CERTIFICATE OF SERVICE by Tomcoh Commerce Inc. re #11 Declaration in Support, #10 Declaration in Support, #4 Initial Case Management Scheduling Order with ADR Deadlines, #9 Declaration in Support, 3 Case Assigned by Intake,,, #1 Complaint, #12 Proposed Order, #5 Summons Issued, #8 MOTION for Preliminary Injunction (Winder, Miles) (Filed on 10/9/2018) |
| Filing 21 CERTIFICATE OF SERVICE by Tomcoh Commerce Inc. re #11 Declaration in Support, #10 Declaration in Support, #4 Initial Case Management Scheduling Order with ADR Deadlines, #9 Declaration in Support, 3 Case Assigned by Intake,,, #1 Complaint, #12 Proposed Order, #5 Summons Issued, #8 MOTION for Preliminary Injunction (Winder, Miles) (Filed on 10/9/2018) |
| Filing 20 CERTIFICATE OF SERVICE by Tomcoh Commerce Inc. re #11 Declaration in Support, #10 Declaration in Support, #4 Initial Case Management Scheduling Order with ADR Deadlines, #9 Declaration in Support, 3 Case Assigned by Intake,,, #1 Complaint, #12 Proposed Order, #5 Summons Issued, #8 MOTION for Preliminary Injunction (Winder, Miles) (Filed on 10/9/2018) |
| Filing 19 Ex Parte Application re #8 MOTION for Preliminary Injunction , #1 Complaint, filed by Brandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (Attachments: #1 Declaration of Amorette Jones and Exhibits A-C, #2 Declaration of Elizabeth Valentina, #3 Exhibit A to Declaration of Elizabeth Valentina, #4 Exhibit B-G to Declaration of Elizabeth Valentina, #5 Proposed Order re Ex Parte Application, #6 Proposed Order re Administrative Motion)(Joyner, Jeffrey) (Filed on 10/8/2018) |
| Filing 18 CLERK'S NOTICE Continuing Motion Hearing per Re-Notice of Motion re #8 MOTION for Preliminary Injunction. Motion Hearing set for 11/2/2018 is CONTINUED to 11/13/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers per Dkt. no. 17. The briefing schedule is maintained. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to (fs, COURT STAFF) (Filed on 10/1/2018) |
| Filing 17 Renotice motion hearing re #8 MOTION for Preliminary Injunction filed byTomcoh Commerce Inc.. (Related document(s) #8 ) (Munzinger, Richard) (Filed on 10/1/2018) |
| Filing 16 CLERK'S NOTICE: Clerks Error. Case is assigned to Judge Yvonne Gonzalez Rogers. Please disregard document number 15. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 9/27/2018) |
| Filing 15 ***DISREGARD - ENTERED IN ERROR*** ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Judge Yvonne Gonzalez Rogers 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 9/27/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 9/27/2018) Modified on 9/27/2018 (cjlS, COURT STAFF). |
| Case Reassigned to Judge Yvonne Gonzalez Rogers. Judge Phyllis J. Hamilton 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 (as, COURT STAFF) (Filed on 9/27/2018) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Joseph C. Spero 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 9/26/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 9/26/2018)
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| Filing 13 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 9/26/2018) |
| Filing 12 Proposed Order re #8 MOTION for Preliminary Injunction by Tomcoh Commerce Inc.. (Munzinger, Richard) (Filed on 9/26/2018) Modified on 9/27/2018 (cpS, COURT STAFF). |
| Filing 11 Declaration of David Thomson in Support of #8 MOTION for Preliminary Injunction filed byTomcoh Commerce Inc.. (Related document(s) #8 ) (Munzinger, Richard) (Filed on 9/26/2018) Modified on 9/27/2018 (cpS, COURT STAFF). |
| Filing 10 Declaration of Richard F. Munzinger in Support of #8 MOTION for Preliminary Injunction filed byTomcoh Commerce Inc.. (Related document(s) #8 ) (Munzinger, Richard) (Filed on 9/26/2018) Modified on 9/27/2018 (cpS, COURT STAFF). |
| Filing 9 Declaration of Erika Halperin in Support of #8 MOTION for Preliminary Injunction filed byTomcoh Commerce Inc.. (Related document(s) #8 ) (Munzinger, Richard) (Filed on 9/26/2018) Modified on 9/27/2018 (cpS, COURT STAFF). |
| Filing 8 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support Thereof filed by Tomcoh Commerce Inc.. Motion Hearing set for 11/2/2018 09:30 AM before Magistrate Judge Joseph C. Spero. Responses due by 10/10/2018. Replies due by 10/17/2018. (Munzinger, Richard) (Filed on 9/26/2018) Modified on 9/27/2018 (cpS, COURT STAFF). |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tomcoh Commerce Inc... (Munzinger, Richard) (Filed on 9/26/2018) |
| Filing 6 REPORT on the filing of an action regarding Copyright Infringement. (cc: form mailed to register). (gbaS, COURT STAFF) (Filed on 9/26/2018) |
| Filing 5 Summons Issued as to Brandi Becker-Jones, Amorette Jones, Thomas Lakeman, Treeti, Inc.. (gbaS, COURT STAFF) (Filed on 9/26/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/28/2018. Initial Case Management Conference set for 1/4/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 9/26/2018) |
| Filing 3 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. 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 10/9/2018. (srnS, COURT STAFF) (Filed on 9/24/2018) |
| Filing 2 Proposed Summons. (Munzinger, Richard) (Filed on 9/24/2018) |
| Filing 1 COMPLAINT for: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Fraudulent Inducement; (4) Negligent Misrepresentation; (5) Misappropriation of Trade Secrets; and (6) Copyright Infringement against All Defendants (Filing fee $ 400.00, receipt number 0971-12704555.). Filed by Tomcoh Commerce Inc. (Attachments: #1 Civil Cover Sheet) (Munzinger, Richard) (Filed on 9/24/2018) Modified on 9/26/2018 (gbaS, COURT STAFF). |
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