Jeffery et al v. Driven Brands, Inc. et al
| David Gutierrez, Jacqueline Duenas, Ahmad Elsayed, Maria G. Maravilla, Elias Garica, Neil Michell, Scott W. Jeffery and Elias Garcia |
| Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, LLC and Maaco Franchising, Inc. |
| 4:2019cv05647 |
| September 9, 2019 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Donna M Ryu |
| Franchise |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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Filing 28
ORDER by Judge Haywood S. Gilliam, Jr. Granting #26 Motion for Pro Hac Vice as to Barry Heller. (ndrS, COURT STAFF) (Filed on 11/21/2019)
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Filing 27
ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Motion for Pro Hac Vice as to John Dwyer. (ndrS, COURT STAFF) (Filed on 11/21/2019)
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| Filing 26 MOTION for leave to appear in Pro Hac Vice Barry Heller ( Filing fee $ 310, receipt number 0971-13883798.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Heller, Barry) (Filed on 11/13/2019) |
| Filing 25 MOTION for leave to appear in Pro Hac Vice John Dwyer ( Filing fee $ 310, receipt number 0971-13883663.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Dwyer, John) (Filed on 11/13/2019) |
| Filing 24 REPLY (re #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC ) filed byDriven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Marchiano, Karen) (Filed on 11/12/2019) Modified on 11/13/2019 (jjbS, COURT STAFF). |
| Filing 23 CERTIFICATE OF SERVICE by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell re #22 Opposition/Response to Motion, (Aqui, Diane) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). |
| Filing 22 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC ) filed by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). |
| #Electronic filing error. REMINDER TO COUNSEL: Proposed Order missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywo od S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. Re: #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC filed by Maaco Franchising, LLC, Maaco Franchising, Inc., Maaco Enterprises, Inc. (jjbS, COURT STAFF) (Filed on 10/23/2019) |
| Filing 21 AMENDED NOTICE of Motion re #19 MOTION to Dismiss filed by Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. (Marchiano, Karen) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). Modified on 10/23/2019 (jjbS, COURT STAFF). |
| Filing 20 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #19 motion to dismiss. Hearing date of February 27th, 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. February 27th was not 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 10/22/2019) |
| Filing 19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC filed by Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. Motion Hearing set for 2/27/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/5/2019. Replies due by 11/12/2019. (Attachments: #1 Proposed Order [Proposed] Order for Motion to Dismiss)(Marchiano, Karen) (Filed on 10/22/2019) |
| Filing 18 Rule 7.1 Disclosures by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC identifying Corporate Parent Driven Brands, Inc. for Maaco Franchising, LLC. (Marchiano, Karen) (Filed on 10/22/2019) |
| Filing 17 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for December 17, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by December 10th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-05647-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/8/2019) |
| Filing 16 ***DISREGARD, SEE DOCKET NO. 17 .*** CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for December 18, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by December 11th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-05647-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/8/2019) Modified on 10/8/2019 (ndrS, COURT STAFF). |
| Filing 15 Certificate of Interested Entities by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC identifying Other Affiliate Roark Capital Management, LLC, Other Affiliate Maaco Franchisor SPV LLC, Other Affiliate Driven Systems LLC, Other Affiliate Driven Brands Funding, LLC for Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. Defendants' Certificate of Interested Entities or Persons (Marchiano, Karen) (Filed on 10/3/2019) |
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Filing 14
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 Donna M. Ryu no longer assigned to case. Signed by the Clerk on 10/02/2019. (ajsS, COURT STAFF) (Filed on 10/2/2019)
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| Filing 13 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. (ig, COURT STAFF) (Filed on 10/1/2019) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC.. (Marchiano, Karen) (Filed on 9/30/2019) |
| Filing 11 Stipulation to Extend Time to Respond to #1 Complaint filed by Maaco Enterprises, Inc., Driven Brands, Inc., Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maaco Franchising, Inc., Maaco Franchising, LLC, Maria G. Maravilla, Neil Michell. (Marchiano, Karen) (Filed on 9/26/2019) Modified on 9/27/2019 (cjlS, COURT STAFF). |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Neil Michell, Maria G. Maravilla, Jacqueline Duenas, Elias Garcia, David Gutierrez, Scott W. Jeffery, Ahmad Elsayed. Service waived by Maaco Enterprises, Inc. waiver sent on 9/26/2019, answer due 11/25/2019. Response due by Mutual Agreement 10/22/2019 (Aqui, Diane) (Filed on 9/26/2019) |
| Filing 9 CERTIFICATE OF SERVICE by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell Proof of Service for Maaco Franchising Inc. (Aqui, Diane) (Filed on 9/25/2019) |
| Filing 8 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 10/8/2019. (ig, COURT STAFF) (Filed on 9/24/2019) |
| Filing 7 Proof of Service to Maaco Franchising, LLC by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 9/23/2019) Modified on 9/24/2019 (cjlS, COURT STAFF). |
| Filing 6 Proof of Service to Drive Brands, Inc. by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 9/23/2019) Modified on 9/24/2019 (cjlS, COURT STAFF). |
| Filing 5 Summons Issued as to Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (cjlS, COURT STAFF) (Filed on 9/10/2019) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2019. Initial Case Management Conference set for 12/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 9/10/2019) |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 9/23/2019. (as, COURT STAFF) (Filed on 9/9/2019) |
| Filing 2 Proposed Summons. (Aqui, Diane) (Filed on 9/9/2019) |
| Filing 1 COMPLAINT (with jury demand) against All Defendants (Filing fee $400, receipt number 0971-13684827). Filed by Neil Michell, Maria G. Maravilla, Jacqueline Duenas, Elias Garica, David Gutierrez, Scott W. Jeffery, Ahmad Elsayed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet)(Aqui, Diane) (Filed on 9/9/2019) Modified on 9/10/2019 (cjlS, COURT STAFF). |
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