CleanFish, LLC v. Sims et al
| CleanFish, LLC and Sig and Sour LLC |
| Buena Vista Seafood, LLC, Paul Simpson, Island Sea Farms, Inc, Nanci Dixon and Dale Sims |
| 4:2019cv03663 |
| June 24, 2019 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 CLERK'S NOTICE. Notice is hereby given that pursuant to docket no. 38 , the #41 motion to dismiss previously set for January 16, 2020, is advanced to December 12, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 8/19/2019) |
| Filing 41 MOTION to Dismiss filed by Buena Vista Seafood, LLC, Dale Sims. Motion Hearing set for 1/16/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/30/2019. Replies due by 9/6/2019. (Osman, Richard) (Filed on 8/16/2019) |
| Filing 40 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) filed by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson. Motion Hearing set for 12/12/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/30/2019. Replies due by 9/6/2019. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Defendants Island Sea Farms, Inc., Nanci Dixon and Paul Simpsons Motion To Dismiss Amended Complaint For Lack Of Personal Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6), #2 Proposed Order)(Fox, Michael) (Filed on 8/16/2019) Modified on 8/19/2019 (jjbS, COURT STAFF). |
| Filing 39 ANSWER to #29 Crossclaim byCleanFish, LLC. (D'Amato, Thomas) (Filed on 8/9/2019) Modified on 8/12/2019 (jjbS, COURT STAFF). |
Filing 38
ORDER by Hon. Haywood S. Gilliam, Jr. FINDING AS MOOT #26 Defendants' motion to dismiss in light of #35 Plaintiff's amended complaint. Consistent with the Defendants' proposal in their #37 response to order to show cause, the Court sets the following schedule: Defendants' motion to dismiss the amended complaint is due by August 16, 2019; the hearing on Defendants' motion to dismiss is set for December 12, 2019 at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 8/8/2019)
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| Set Deadline/Hearing, See Docket No. 38 : Motionsdue by 8/16/2019 and Motion Hearing set for 12/12/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/8/2019) |
| Filing 37 RESPONSE TO ORDER TO SHOW CAUSE Why the Motion to Dismiss Should Not Be Terminated As Moot In Light of Plaintiff's Amended Complaint by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson (Fox, Michael) (Filed on 8/7/2019) Modified on 8/8/2019 (jjbS, COURT STAFF). |
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Filing 36
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Defendants Island Sea Farms, Inc., Paul Simpson, and Nanci Dixon TO SHOW CAUSE why the #26 motion to dismiss should not be terminated as moot in light of #35 Plaintiff's amended complaint. Defendant shall file a statement of two pages or less by August 7, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 8/5/2019)
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| Filing 35 AMENDED COMPLAINT against All Defendants. Filed byCleanFish, LLC. (D'Amato, Thomas) (Filed on 8/2/2019) |
| Filing 34 Certificate of Interested Entities by Buena Vista Seafood, LLC, Dale Sims (Osman, Richard) (Filed on 7/25/2019) |
| Filing 33 Corporate Disclosure Statement by Buena Vista Seafood, LLC, Dale Sims (Osman, Richard) (Filed on 7/25/2019) |
| Filing 32 Corporate Disclosure Statement by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson (Fox, Michael) (Filed on 7/22/2019) |
| Filing 31 Certificate of Interested Entities by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson (Fox, Michael) (Filed on 7/22/2019) |
| Filing 30 Renotice motion hearing re #26 First MOTION to Dismiss for Lack of Jurisdiction filed byNanci Dixon, Island Sea Farms, Inc, Paul Simpson. (Related document(s) #26 ) (Fox, Michael) (Filed on 7/22/2019) |
| Reset Hearing as to Docket No. #26 , See Docket No. #30 : Motion Hearing set for 12/12/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/22/2019) |
| Filing 29 CROSSCLAIM against CleanFish, LLC. Filed byBuena Vista Seafood, LLC, Dale Sims. (Osman, Richard) (Filed on 7/19/2019) |
| Filing 28 ANSWER to #1 Complaint with Jury Demand byBuena Vista Seafood, LLC, Dale Sims. (Osman, Richard) (Filed on 7/19/2019) Modified on 7/22/2019 (jjbS, COURT STAFF). |
| Filing 27 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #26 motion to dismiss. Hearing date of December 5, 2019, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. December 5th wasnt the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 7/19/2019) |
| Filing 26 First MOTION to Dismiss for Lack of Jurisdiction filed by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson. Motion Hearing set for 12/5/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/2/2019. Replies due by 8/9/2019. (Attachments: #1 Supplement Memorandum Of Points And Authorities In Support Of Defendants Island Sea Farms, Inc., Nanci Dixon And Paul Simpsons Motion To Dismiss Complaint For Lack Of Personal Jurisdiction Under Rule 12(B)(2) And Failure To State A Claim Under Rule 12(B)(6), #2 Proposed Order)(Fox, Michael) (Filed on 7/19/2019) |
| Filing 25 REPLY (re #22 Administrative Motion to File Under Seal ) filed byCleanFish, LLC. (D'Amato, Thomas) (Filed on 7/9/2019) |
| Filing 24 OPPOSITION/RESPONSE (re #22 Administrative Motion to File Under Seal ) filed by Nanci Dixon, Island Sea Farms, Inc, Paul Simpson. (Fox, Michael) (Filed on 7/9/2019) Modified on 7/10/2019 (jjbS, COURT STAFF). |
| Filing 23 OPPOSITION/RESPONSE (re #22 Administrative Motion to File Under Seal ) filed byBuena Vista Seafood, LLC, Dale Sims. (Attachments: #1 Declaration of Dale Sims In Support of Defendants Dale Sims and Buena Vista Seafood LLC's Opposition to Plaintiff's Renewed Administrative Motion to File Under Seal, #2 Proposed Order Denying Plaintiff's Renewed Administrative Motion to File Under Seal in Compliance with the Court's June 28, 2019 Order)(Osman, Richard) (Filed on 7/9/2019) |
| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. No furth er action is necessary. Re: #22 Administrative Motion to File Under Seal filed by CleanFish, LLC (jjbS, COURT STAFF) (Filed on 7/8/2019) |
| Filing 22 Administrative Motion to File Under Seal filed by CleanFish, LLC. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Karim Machi, #3 Declaration Michael Moniz, #4 Proposed Order)(D'Amato, Thomas) (Filed on 7/5/2019) |
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Filing 21
Order denying #19 Motion to Strike entered by Judge Haywood S Gilliam, Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 20
ORDER by Judge Haywood S. Gilliam, Jr. DENYING PLAINTIFFS #2 TEMPORARY RESTRAINING ORDER AND DENYING PLAINTIFFS #3 MOTION TO SEAL. (ndrS, COURT STAFF) (Filed on 6/28/2019)
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| Filing 19 MOTION to Strike #18 Opposition/Response to Motion, filed by CleanFish, LLC. Responses due by 7/12/2019. Replies due by 7/19/2019. (D'Amato, Thomas) (Filed on 6/28/2019) |
| Filing 18 OPPOSITION/RESPONSE (re #2 MOTION for Temporary Restraining Order and MOTION for Expedited Discovery and Order to Show Cause re: Preliminary Injunction ) filed byNanci Dixon, Island Sea Farms, Inc, Paul Simpson. (Attachments: #1 Declaration of Paul Simpson in support of opposition, #2 Declaration of Nancy Dixon in support of opposition)(Fox, Michael) (Filed on 6/27/2019) |
| Filing 17 OPPOSITION/RESPONSE (re #2 MOTION for Temporary Restraining Order and MOTION for Expedited Discovery and Order to Show Cause re: Preliminary Injunction ) filed byBuena Vista Seafood, LLC, Dale Sims. (Attachments: #1 Declaration of Dale Sims In Support of Opposition, #2 Declaration of Paul Simpson In Support of Opposition)(Osman, Richard) (Filed on 6/27/2019) |
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Filing 16
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING #15 Defendants' request for extension of time. Defendants' response is due no later than 5:00 p.m. PST on Thursday, June 27, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/26/2019)
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| Filing 15 NOTICE of Appearance and Request for Extension of Time to Oppose Plaintiff Cleanfish LLC's Application for Temporary Restraining Order by Richard William Osman (Osman, Richard) (Filed on 6/26/2019) Modified on 6/27/2019 (cpS, COURT STAFF). |
| Filing 14 Certificate of Interested Entities by CleanFish, LLC identifying Corporate Parent Sea2050, LLC for CleanFish, LLC. (D'Amato, Thomas) (Filed on 6/26/2019) |
| Filing 13 Corporate Disclosure Statement by CleanFish, LLC identifying Corporate Parent Sea2050, LLC for CleanFish, LLC. (D'Amato, Thomas) (Filed on 6/26/2019) |
| Filing 12 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/17/2019. Initial Case Management Conference set for 9/24/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (cpS, COURT STAFF) (Filed on 6/26/2019) |
| Filing 11 Summons Issued as to Buena Vista Seafood, LLC, Nanci Dixon, Island Sea Farms, Inc, Paul Simpson, Dale Sims. (cpS, COURT STAFF) (Filed on 6/25/2019) |
| Filing 10 Civil Cover Sheet by CleanFish, LLC CORRECTION OF DOCKET # [1-1]. (D'Amato, Thomas) (Filed on 6/25/2019) |
| Filing 9 DECLARATION OF MICHAEL MONIZ in support of re #3 Motion to File Under Seal (***CORRECTION OF DOCKET # [3-1]***) filed by CleanFish, LLC. (D'Amato, Thomas) (Filed on 6/25/2019) Modified on 6/25/2019 (cpS, COURT STAFF). |
| Filing 8 MOTION for leave to appear in Pro Hac Vice as to David A. Sullivan ( Filing fee $ 310, receipt number 0971-13466969.) filed by CleanFish, LLC. (D'Amato, Thomas) (Filed on 6/25/2019) Modified on 6/25/2019 (cpS, COURT STAFF). |
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Filing 7
ORDER REGARDING EX PARTE #2 MOTION FOR TERMPORARY RESTRAINING ORDER. Responses due by 6/27/2019.Signed by Judge Haywood S. Gilliam, Jr. on 6/25/2019. (ndrS, COURT STAFF) (Filed on 6/25/2019)
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Filing 6
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Signed by the Clerk on 6/25/19. (srnS, COURT STAFF) (Filed on 6/25/2019)
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| Filing 5 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. (cdnS, COURT STAFF) (Filed on 6/25/2019) |
| #Electronic filing error. Case has been randomly assigned to judge. However, incorrect Civil Cover Sheet used at case opening of JS 44 (Rev. 08/18) Please complete correct Civil C over Sheet of JS-CAND 44 (Rev 06/17) and re-file in its entirety as a separate docket entry.re #1 Complaint filed by CleanFish, LLC (bwS, COURT STAFF) (Filed on 6/25/2019) |
| #Electronic filing error. Documents must be e-filed as a separate entry Re: #1 -2 Corporate Disclosure Statement, #1 -3 Certificate of Interested Parties filed by CleanFish, LLC Please re-file in its entirety. Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures (cpS, COURT STAFF) (Filed on 6/25/2019) |
| Filing 4 Case assigned to Magistrate Judge Thomas S. Hixson. 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 7/8/2019. (bwS, COURT STAFF) (Filed on 6/24/2019) |
| Filing 3 Administrative Motion to File Under Seal filed by CleanFish, LLC. (Attachments: #1 Declaration Michael Moniz, #2 Proposed Order, #3 Declaration Michael Moniz (redacted), #4 Declaration Michael Moniz (unredacted))(D'Amato, Thomas) (Filed on 6/24/2019) Modified on 6/25/2019 (cpS, COURT STAFF).***NOTE: DECLARATION OF MICHALE MONIZ RE-FILED AT DKT. #9 *** |
| Filing 2 MOTION for Temporary Restraining Order and MOTION for Expedited Discovery and Order to Show Cause re: Preliminary Injunction filed by CleanFish, LLC. (Attachments: #1 Declaration Michael Moniz (redacted), #2 Declaration Gina Taber, #3 Proposed Order)(D'Amato, Thomas) (Filed on 6/24/2019) Modified on 6/25/2019 (cpS, COURT STAFF). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13463507.). Filed byCleanFish, LLC. (Attachments: #1 Civil Cover Sheet, #2 Certificate/Proof of Service Corporate Disclosure Statement, #3 Certificate/Proof of Service Certificate of Interested Parties, #4 Summons Dale Sims, #5 Summons Buena Vista Seafood, LLC, #6 Summons Island Sea Farms, Inc., #7 Summons Nanci Dixon, #8 Summons Paul Simpson)(D'Amato, Thomas) (Filed on 6/24/2019) |
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