Javier v. Assurance IQ, LLC et al
Plaintiff: Florentino Javier
Defendant: Assurance IQ, LLC and ActiveProspect Inc.
Interested Party: Tyrone Hazel
Case Number: 3:2020cv02860
Filed: April 24, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Jeffrey S White
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2023 Filing 96 JUDGMENT. Signed by Judge Charles R. Breyer on 06/09/2023. (crblc2, COURT STAFF) (Filed on 6/9/2023)
June 9, 2023 Opinion or Order Filing 95 ORDER by Judge Charles R. Breyer granting #84 Motion to Dismiss. (crblc2, COURT STAFF) (Filed on 6/9/2023)
June 8, 2023 Filing 94 CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for June 9, 2023 before the Honorable Charles R. Breyer. The motion will be determined on the briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 6/8/2023)
June 5, 2023 Filing 93 NOTICE of Appearance by Laura Danielle Smolowe (Smolowe, Laura) (Filed on 6/5/2023)
May 31, 2023 Filing 92 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Regarding Defendants' Motion to Dismiss Third Amended Complaint filed byActiveProspect Inc., Assurance IQ, LLC. (Related document(s) #84 ) (Klaus, Kelly) (Filed on 5/31/2023)
May 26, 2023 Set/Reset Hearing. Motion to Dismiss Hearing set for 6/9/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than June 6, 2023 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 6/9/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 5/26/2023)
April 20, 2023 Filing 91 REPLY (re #84 MOTION to Dismiss Third Amended Complaint ) filed byActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 4/20/2023)
April 16, 2023 Filing 90 NOTICE of Appearance by Frank S. Hedin (Hedin, Frank) (Filed on 4/16/2023)
April 11, 2023 Opinion or Order Filing 89 STIPULATION AND ORDER EXTENDING TIME TO FILE REPLY by Judge Charles R. Breyer: Granting #88 Stipulation. (ls, COURT STAFF) (Filed on 4/11/2023)
April 10, 2023 Filing 88 STIPULATION WITH PROPOSED ORDER Regarding Defendants' Reply in Support of Motion to Dismiss Third Amended Complaint filed by Assurance IQ, LLC. (Attachments: #1 Declaration Klaus Decl. in Support of Stipulation, #2 Proposed Order)(Klaus, Kelly) (Filed on 4/10/2023)
April 6, 2023 Filing 87 OPPOSITION/RESPONSE (re #84 MOTION to Dismiss Third Amended Complaint) filed by Florentino Javier. (Roberts, Max) (Filed on 4/6/2023)
March 17, 2023 Filing 86 CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for May 26, 2023 before the Honorable Charles R. Breyer. Motion Hearing set for 6/9/2023 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 3/17/2023)
March 16, 2023 Filing 85 Request for Judicial Notice re #84 MOTION to Dismiss Motion to Dismiss Third Amended Complaint filed byActiveProspect Inc., Assurance IQ, LLC. (Attachments: #1 Exhibit 1 to RJN)(Related document(s) #84 ) (Klaus, Kelly) (Filed on 3/16/2023)
March 16, 2023 Filing 84 MOTION to Dismiss Third Amended Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. Motion Hearing set for 4/28/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 3/30/2023. Replies due by 4/6/2023. (Attachments: #1 Affidavit Declaration of Gulliver Swenson, #2 Exhibit A,B,C,D to Decl. of Gulliver Swenson, #3 Proposed Order)(Klaus, Kelly) (Filed on 3/16/2023)
March 2, 2023 Opinion or Order Filing 83 STIPULATION AND ORDER Regarding Defendants' Response To Third Amended Complaint by Judge Charles R. Breyer: Granting #82 Stipulation. (ls, COURT STAFF) (Filed on 3/2/2023)
March 1, 2023 Filing 82 STIPULATION WITH PROPOSED ORDER Joint Stipulation Regarding Defendants' Response To Third Amended Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. (Attachments: #1 Affidavit Declaration of Virginia Grace Davis in Support, #2 Proposed Order)(Klaus, Kelly) (Filed on 3/1/2023)
February 7, 2023 Opinion or Order Filing 81 STIPULATION AND ORDER Regarding Defendants' Response to Third Amended Complaint by Judge Charles R. Breyer: Granting #80 Stipulation. (ls, COURT STAFF) (Filed on 2/7/2023)
February 7, 2023 Filing 80 STIPULATION WITH PROPOSED ORDER Joint Stipulation Regarding Defendants' Response to Third Amended Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. (Attachments: #1 Proposed Order, #2 Affidavit Declaration of Virginia Grace Davis)(Klaus, Kelly) (Filed on 2/7/2023)
January 26, 2023 Filing 79 Third Amended Class Action Complaint; Jury Trial Demanded against ActiveProspect Inc., Assurance IQ, LLC. Filed by Florentino Javier. (Attachments: #1 Exhibit A - Redlined Complaint)(Smith, Joel) (Filed on 1/26/2023)
January 12, 2023 Opinion or Order Filing 78 ORDER RELATING CASE. The following cases are related: C20-2860 CRB and C22-7465 HSG. Signed by Judge Charles R. Breyer on 1/12/2023. (ls, COURT STAFF) (Filed on 1/12/2023)
January 9, 2023 Filing 77 Response re #76 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related byTyrone Hazel. (Attachments: #1 Proposed Order)(Gliozzo, Nina) (Filed on 1/9/2023)
January 5, 2023 Filing 76 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by ActiveProspect Inc., Assurance IQ, LLC. Responses due by 1/9/2023. (Attachments: #1 Declaration of Kelly M. Klaus in support of Administrative Motion to Consider Whether Cases Should Be Related, #2 Proposed Order Regarding Administrative Motion to Consider Whether Cases Should Be Related, #3 Certificate/Proof of Service)(Klaus, Kelly) (Filed on 1/5/2023)
January 5, 2023 Opinion or Order Filing 75 ORDER by Judge Charles R. Breyer granting #58 Motion to Dismiss. Amended Pleadings due by 1/26/2023. (crblc2, COURT STAFF) (Filed on 1/5/2023)
January 4, 2023 Filing 74 Statement re #72 Order on Stipulation re Recent Decision by Florentino Javier. (Smith, Joel) (Filed on 1/4/2023)
January 4, 2023 Filing 73 Statement re #72 Order on Stipulation re Recent Decision by ActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 1/4/2023)
January 3, 2023 Opinion or Order Filing 72 STIPULATION AND ORDER Allowing Submission of Short Statement Regarding Recent Decision by Judge Charles R. Breyer: Granting #71 Stipulation. (ls, COURT STAFF) (Filed on 1/3/2023)
December 23, 2022 Filing 71 STIPULATION WITH PROPOSED ORDER Allowing Submission of Short Statement Regarding Recent Decision filed by Florentino Javier. (Roberts, Max) (Filed on 12/23/2022)
December 22, 2022 Filing 70 Statement re #58 Second MOTION to Dismiss Second Amended Complaint Statement of Recent Decision Re: Defendants' Motion To Dismiss Second Amended Complaint [ECF No. 58] by ActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 12/22/2022)
December 15, 2022 Filing 69 CLERK'S NOTICE VACATING Motion to Dismiss Hearing set for December 16, 2022 before the Honorable Charles R. Breyer. The motion will be determined on the briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 12/15/2022)
December 5, 2022 Set Deadlines/Hearings: Motion to Dismiss Hearing set for 12/16/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than December 13, 2022 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/16/2022 10:00 AM in San Francisco, - Videoc onference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 12/5/2022)
October 6, 2022 Opinion or Order Filing 68 STIPULATION AND ORDER CONTINUING HEARING ON SECOND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT; DECLARATION OF MAX S. ROBERTS IN SUPPORT by Judge Charles R. Breyer: Granting #67 Stipulation. Motion Hearing set for 12/16/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 10/6/2022)
October 6, 2022 Set/Reset Deadlines as to #58 Second MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 12/16/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 10/6/2022)
October 5, 2022 Filing 67 STIPULATION WITH PROPOSED ORDER Continuing Hearing on Second Motion to Dismiss the Second Amended Complaint filed by Florentino Javier. (Roberts, Max) (Filed on 10/5/2022)
October 3, 2022 Filing 66 CLERK'S NOTICE: (This is a text-only entry generated by the court. There is no document associated with this entry.). Second Motion to Dismiss Second Amended Complaint Hearing set for 11/18/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argume nt at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than November 15, 2022.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 11/18/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 10/3/2022)
October 3, 2022 Opinion or Order Filing 65 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/3/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 10/3/2022)
October 3, 2022 Opinion or Order Filing 64 ORDER OF RECUSAL. Signed by Judge Jeffrey S. White on October 3, 2022. (dts, COURT STAFF) (Filed on 10/3/2022)
October 3, 2022 Set/Reset Deadlines as to #58 Second MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 11/18/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 10/3/2022)
September 23, 2022 Filing 63 Request for Judicial Notice re #62 Reply to Opposition/Response, #58 Second MOTION to Dismiss Second Amended Complaint filed byActiveProspect Inc., Assurance IQ, LLC. (Attachments: #1 Exhibit A)(Related document(s) #62 , #58 ) (Klaus, Kelly) (Filed on 9/23/2022)
September 23, 2022 Filing 62 REPLY (re #58 Second MOTION to Dismiss Second Amended Complaint ) filed byActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 9/23/2022)
September 23, 2022 Filing 61 NOTICE of Appearance by Virginia Grace Fisher (Fisher, Virginia) (Filed on 9/23/2022)
September 9, 2022 Filing 60 OPPOSITION/RESPONSE (re #58 Second MOTION to Dismiss Second Amended Complaint ) filed byFlorentino Javier. (Smith, Joel) (Filed on 9/9/2022)
August 10, 2022 Filing 59 CLERK'S NOTICE RE DOCKET NO. #58 . You are hereby notified that the briefing schedule set by counsel has been vacated and reset pursuant to Docket No. #57 : Opposition due by 9/9/2022. Reply due by 9/23/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dts, COURT STAFF) (Filed on 8/10/2022)
August 10, 2022 Filing 58 Second MOTION to Dismiss Second Amended Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. Motion Hearing set for 10/7/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 8/24/2022. Replies due by 8/31/2022. (Attachments: #1 Declaration of Gulliver Swenson ISO Defendants' Second Motion to Dismiss Second Amended Complaint, #2 Exhibit A through D to the Swenson Declaration, #3 Proposed Order Granting Second Motion to Dismiss Second Amended Complaint)(Klaus, Kelly) (Filed on 8/10/2022)
July 15, 2022 Opinion or Order Filing 57 ORDER VACATING STATUS CONFERENCE AND ADOPTING BRIEFING SCHEDULE AS MODIFIED HEREIN. Signed by Judge Jeffrey S. White on July 15, 2022. Motion due by 8/10/2022. Response due by 9/9/2022. Reply due by 9/23/2022. (dts, COURT STAFF) (Filed on 7/15/2022)
July 15, 2022 Filing 56 [Proposed] Order re #55 Status Report by Florentino Javier. (Smith, Joel) (Filed on 7/15/2022)
July 15, 2022 Filing 55 JOINT STATUS REPORT by Florentino Javier. (Smith, Joel) (Filed on 7/15/2022) Modified on 7/15/2022 (slh, COURT STAFF).
June 28, 2022 Opinion or Order Filing 54 ORDER DIRECTING CLERK TO RE-OPEN CASE AND SETTING STATUS CONFERENCE Regarding #52 USCA Memorandum, #53 MANDATE of USCA. Signed by Judge Jeffrey S. White on June 28, 2022. Joint Status Report due by 7/15/2022. Status Conference set for 7/22/2022 11:00 AM - Videoconference Only before Judge Jeffrey S. White. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jswcrd@cand.uscourts.gov no later than July 21, 2022 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (Filed on 6/28/2022)
June 22, 2022 Filing 53 MANDATE of USCA as to #50 Notice of Appeal to the Ninth Circuit filed by Florentino Javier (tn, COURT STAFF) (Filed on 6/22/2022)
May 31, 2022 Filing 52 USCA Memorandum as to #50 Notice of Appeal to the Ninth Circuit filed by Florentino Javier; Reversed and Remanded. (slh, COURT STAFF) (Filed on 5/31/2022)
August 18, 2021 Filing 51 USCA Case Number 21-16351 Ninth Circuit Court of Appeals for #50 Notice of Appeal to the Ninth Circuit filed by Florentino Javier. (cjlS, COURT STAFF) (Filed on 8/18/2021)
August 17, 2021 Filing 50 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Florentino Javier. (Appeal fee of $505 receipt number 0971-16293800 paid.) (Smith, Joel) (Filed on 8/17/2021) (USCA Case No. 21-16351)Modified on 5/31/2022 (slh, COURT STAFF).
August 6, 2021 Filing 49 JUDGMENT. Signed by Judge Jeffrey S. White on 8/6/21. ***Civil Case Terminated. (jjoS, COURT STAFF) (Filed on 8/6/2021)
August 6, 2021 Opinion or Order Filing 48 ORDER by Judge Jeffrey S. White granting #39 Motion to Dismiss Second Amended Complaint. (jjoS, COURT STAFF) (Filed on 8/6/2021)
August 3, 2021 Filing 47 CLERK'S NOTICE VACATING HEARING ON #39 MOTION TO DISMISS (jjoS, COURT STAFF) (Filed on 8/3/2021)
June 21, 2021 Opinion or Order Filing 46 ORDER GRANTING #45 STIPULATION Continuing Hearing on Motion to Dismiss the Second Amended Complaint. Signed by Judge Jeffrey S. White on 6/21/21. Motion Hearing set for 8/6/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 6/21/2021)
June 16, 2021 Filing 45 STIPULATION WITH PROPOSED ORDER Continuing Hearing on Motion to Dismiss the Second Amended Complaint filed by Florentino Javier, Assurance IQ, LLC and Active Prospect, Inc. (Roberts, Max) (Filed on 6/16/2021) Modified on 6/17/2021 (anjS, COURT STAFF).
June 14, 2021 Filing 44 NOTICE of Withdrawal of Attorney by Blair E. Reed (Reed, Blair) (Filed on 6/14/2021) Modified on 6/15/2021 (anjS, COURT STAFF).
June 1, 2021 Filing 43 CLERK'S NOTICE CONTINUING HEARING as to #39 MOTION to Dismiss Second Amended Complaint: Motion Hearing set for 7/9/2021 09:00 AM in Oakland, - Telephonic Only before Judge Jeffrey S. White. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 6/1/2021)
May 19, 2021 Filing 42 NOTICE of Change In Counsel by Kelly Max Klaus Withdrawing Nefi Acosta (Klaus, Kelly) (Filed on 5/19/2021)
May 5, 2021 Filing 41 REPLY (re #39 MOTION to Dismiss Second Amended Complaint ) filed byActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 5/5/2021)
April 28, 2021 Filing 40 OPPOSITION/RESPONSE (re #39 MOTION to Dismiss Second Amended Complaint ) filed byFlorentino Javier. (Attachments: #1 Exhibit 1)(Smith, Joel) (Filed on 4/28/2021)
April 14, 2021 Filing 39 MOTION to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by ActiveProspect Inc., Assurance IQ, LLC. Motion Hearing set for 6/18/2021 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 4/28/2021. Replies due by 5/5/2021. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint)(Klaus, Kelly) (Filed on 4/14/2021) Modified on 4/14/2021 (cjlS, COURT STAFF).
March 25, 2021 Filing 38 Second Amended Class Action Complaint (with jury demand) against ActiveProspect Inc., Assurance IQ, LLC. Filed by Florentino Javier. (Smith, Joel) (Filed on 3/25/2021) Modified on 3/26/2021 (cjlS, COURT STAFF).
March 9, 2021 Opinion or Order Filing 37 ORDER by Judge Jefffrey S. White granting #28 Motion to Dismiss. Amended Pleadings due by 3/29/2021. (jjoS, COURT STAFF) (Filed on 3/9/2021)
September 30, 2020 Filing 36 CLERK'S NOTICE VACATING HEARING ON #28 MOTION TO DISMISS (jjoS, COURT STAFF) (Filed on 9/30/2020)
September 10, 2020 Filing 35 NOTICE of Supplemental Authority by Florentino Javier. (Smith, Joel) (Filed on 9/10/2020) Modified on 9/11/2020 (cjlS, COURT STAFF).
August 31, 2020 Filing 34 CLERK'S NOTICE CONTINUING HEARING ON #28 MOTION to Dismiss First Amended Complaint: Motion Hearing set for 10/9/2020 09:00 AM before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 8/31/2020) Modified on 8/31/2020 (jjoS, COURT STAFF).
August 28, 2020 Filing 33 REPLY (re #28 MOTION to Dismiss First Amended Complaint ) filed byActiveProspect Inc., Assurance IQ, LLC. (Klaus, Kelly) (Filed on 8/28/2020)
August 20, 2020 Opinion or Order Filing 32 ORDER GRANTING #31 STIPULATION Extending Time for Defendants to File Reply In Support of Motion to Dismiss First Amended Complaint. Replies due by 8/28/2020. Signed by Judge Jeffrey S. White on August 20, 2020. (jswlc3S, COURT STAFF) (Filed on 8/20/2020)
August 20, 2020 Filing 31 STIPULATION WITH [PROPOSED] ORDER Extending Time for Defendants to File Reply In Support of Motion to Dismiss First Amended Complaint; Declaration of Kelly M. Klaus In Support Thereof filed by ActiveProspect Inc., Assurance IQ, LLC, Forentino Javier. (Klaus, Kelly) (Filed on 8/20/2020) Modified on 8/21/2020 (cjlS, COURT STAFF).
August 18, 2020 Filing 30 Request for Judicial Notice in Support of #39 Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Florentino Javier. (Smith, Joel) (Filed on 8/18/2020) Modified on 8/19/2020 (cjlS, COURT STAFF).
August 18, 2020 Filing 29 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss First Amended Complaint ) filed byFlorentino Javier. (Smith, Joel) (Filed on 8/18/2020)
August 4, 2020 Filing 28 MOTION to Dismiss First Amended Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. Motion Hearing set for 9/11/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 8/18/2020. Replies due by 8/25/2020. (Attachments: #1 Declaration of Kelly M. Klaus in support, #2 Exhibit 1 through 10 to the Klaus Declaration, #3 Declaration of Gulliver Swenson in support, #4 Exhibit A through D to the Swenson Declaration, #5 Proposed Order Granting Motion to Dismiss)(Klaus, Kelly) (Filed on 8/4/2020)
July 17, 2020 Opinion or Order Filing 27 ORDER by Judge Jeffrey S. White granting #26 Motion for Pro Hac Vice Re: Max S. Roberts. (jjoS, COURT STAFF) (Filed on 7/17/2020)
July 15, 2020 Filing 26 MOTION for leave to appear in Pro Hac Vice Re: Max S. Roberts (Filing fee $ 310, receipt number 0971-14696390) filed by Florentino Javier. (Roberts, Max) (Filed on 7/15/2020) Modified on 7/16/2020 (cjlS, COURT STAFF).
July 14, 2020 Opinion or Order Filing 25 ORDER by Judge Jeffrey S. White denying without prejudice #19 Motion to Dismiss. (jjoS, COURT STAFF) (Filed on 7/14/2020)
July 13, 2020 Filing 24 FIRST AMENDED CLASS ACTION COMPLAINT (with jury demand) against ActiveProspect Inc., Assurance IQ, LLC. Filed by Florentino Javier. (Smith, Joel) (Filed on 7/13/2020) Modified on 7/14/2020 (cjlS, COURT STAFF).
July 6, 2020 Filing 23 CLERK'S NOTICE VACATING INITIAL CASE MANAGEMENT CONFERENCE (jjoS, COURT STAFF) (Filed on 7/6/2020)
July 6, 2020 Opinion or Order Filing 22 ORDER by Judge Jeffrey S. White granting AS MODIFIED #18 Administrative Motion to File Under Seal. (jjoS, COURT STAFF) (Filed on 7/6/2020)
July 2, 2020 Filing 21 Declaration of Blair E. Reed in Support of #18 Administrative Motion to File Under Seal filed byFlorentino Javier. (Related document(s) #18 ) (Reed, Blair) (Filed on 7/2/2020)
July 1, 2020 Filing 20 CERTIFICATE OF SERVICE by ActiveProspect Inc., Assurance IQ, LLC re #18 Administrative Motion to File Under Seal (Klaus, Kelly) (Filed on 7/1/2020)
June 30, 2020 Filing 19 MOTION to Dismiss Complaint filed by ActiveProspect Inc., Assurance IQ, LLC. Motion Hearing set for 8/7/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 7/14/2020. Replies due by 7/21/2020. (Attachments: #1 Declaration of Gulliver Swenson in support of Motion to Dismiss, #2 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Complaint)(Klaus, Kelly) (Filed on 6/30/2020)
June 30, 2020 Filing 18 Administrative Motion to File Under Seal filed by ActiveProspect Inc., Assurance IQ, LLC. (Attachments: #1 Declaration of Kelly M. Klaus in support, #2 Proposed Order Granting Administrative Motion to Seal, #3 Redacted Motion to Dismiss Complaint, #4 Unredacted Motion to Dismiss Complaint, #5 Redacted Version of Declaration of Gulliver Swenson in support of Motion to Dismiss Complaint, #6 Unredacted Version of Declaration of Gulliver Swenson in support of Motion to Dismiss Complaint)(Klaus, Kelly) (Filed on 6/30/2020)
May 20, 2020 Filing 17 STIPULATION Pursuant to Civil Local Rule 6-1(a) Extending Deadline for Defendants to Answer or Otherwise Respond to the Complaint filed by ActiveProspect Inc., Assurance IQ, LLC, Florentino Javier. (Klaus, Kelly) (Filed on 5/20/2020) Modified on 5/21/2020 (cjlS, COURT STAFF).
May 20, 2020 Filing 16 Corporate Disclosure Statement and Certificate of Interested Entities by ActiveProspect Inc., Assurance IQ, LLC identifying Other Affiliate National Family Assurance Group, LLC, Other Affiliate Prudential Financial, Inc. for Assurance IQ, LLC; Other Affiliate Five Elms Capital for ActiveProspect Inc. (Klaus, Kelly) (Filed on 5/20/2020) Modified on 5/21/2020 (cjlS, COURT STAFF).
May 19, 2020 Filing 15 SUMMONS Returned Executed by Florentino Javier. ActiveProspect Inc. served on 4/30/2020, answer due 5/21/2020. (Smith, Joel) (Filed on 5/19/2020)
May 19, 2020 Filing 14 SUMMONS Returned Executed by Florentino Javier. Assurance IQ, LLC served on 5/1/2020, answer due 5/22/2020. (Smith, Joel) (Filed on 5/19/2020)
May 19, 2020 Opinion or Order Filing 13 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 5/19/20. Joint Case Management Statement due by 7/24/2020. Initial Case Management Conference set for 7/31/2020 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 5/19/2020)
May 19, 2020 Filing 12 Case REASSIGNED to Judge Jeffrey S. White. Judge Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K DeMarchi no longer assigned to case. (bwS, COURT STAFF) (Filed on 5/19/2020) (Additional attachment(s) added on 5/19/2020: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF).
May 19, 2020 Filing 11 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 5/19/2020)
May 19, 2020 Filing 10 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. (pmcS, COURT STAFF) (Filed on 5/19/2020)
May 18, 2020 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ActiveProspect Inc., Assurance IQ, LLC.. (Klaus, Kelly) (Filed on 5/18/2020)
May 18, 2020 Filing 8 NOTICE of Appearance by Kelly Max Klaus of Kelly M. Klaus, Rosemarie T. Ring, Jonathan H. Blavin and Nefi D. Acosta (Klaus, Kelly) (Filed on 5/18/2020)
May 12, 2020 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Florentino Javier.. (Smith, Joel) (Filed on 5/12/2020)
May 12, 2020 Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 5/26/2020. (pmcS, COURT STAFF) (Filed on 5/12/2020)
April 27, 2020 Filing 5 Summons Issued as to ActiveProspect Inc., Assurance IQ, LLC. (dhmS, COURT STAFF) (Filed on 4/27/2020)
April 27, 2020 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/21/2020. Initial Case Management Conference set for 7/28/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 4/27/2020)
April 27, 2020 Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 5/11/2020. (haS, COURT STAFF) (Filed on 4/27/2020)
April 24, 2020 Filing 2 Proposed Summons. (Smith, Joel) (Filed on 4/24/2020)
April 24, 2020 Filing 1 COMPLAINT against ActiveProspect Inc., Assurance IQ, LLC ( Filing fee $ 400, receipt number 0971-14409525.). Filed byFlorentino Javier. (Attachments: #1 Civil Cover Sheet)(Smith, Joel) (Filed on 4/24/2020)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Javier v. Assurance IQ, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Assurance IQ, LLC
Represented By: Rosemarie T Ring
Represented By: Nefi D. Acosta
Represented By: Kelly Max Klaus
Represented By: Jonathan Hugh Blavin
Represented By: Laura Danielle Smolowe
Represented By: Rosemarie T. Ring
Represented By: Virginia Grace Davis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ActiveProspect Inc.
Represented By: Rosemarie T Ring
Represented By: Nefi D. Acosta
Represented By: Kelly Max Klaus
Represented By: Jonathan Hugh Blavin
Represented By: Laura Danielle Smolowe
Represented By: Rosemarie T. Ring
Represented By: Virginia Grace Davis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Florentino Javier
Represented By: Joel Dashiell Smith
Represented By: Blair Elizabeth Reed
Represented By: Frank S. Hedin
Represented By: Max Stuart Roberts
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Tyrone Hazel
Represented By: Nina Gliozzo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?