Ellenberger v. Alphabet, Inc
Plaintiff: David Russell Ellenberger
Defendant: Alphabet Inc.
Case Number: 4:2020cv04877
Filed: July 21, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Saundra Brown Armstrong
Referring Judge: Susan van Keulen
Nature of Suit: Other Fraud
Cause of Action: 18:1345
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Filing 44 ANSWER to Complaint byAlphabet Inc.. (Gutkin, Jeffrey) (Filed on 7/31/2020)
July 31, 2020 Opinion or Order Filing 43 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE: Joint Case Management Statement due by 10/15/2020. Initial Case Management Conference set for 10/22/2020 02:30 PM. Signed by Judge Saundra Brown Armstrong on 7/31/2020. (Attachments: #1 Standing Order)(amgS, COURT STAFF) (Filed on 7/31/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
July 30, 2020 Filing 42 Case REASSIGN to Judge Saundra Brown Armstrong. Magistrate Judge Susan Van Keulen no longer assigned to the case. (bwS, COURT STAFF) (Filed on 7/30/2020) (bwS, COURT STAFF).
July 30, 2020 Filing 41 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 7/30/2020)
July 30, 2020 Filing 40 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. (jhfS, COURT STAFF) (Filed on 7/30/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
July 30, 2020 Filing 39 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Russell Ellenberger.. (Ellenberger, David) (Filed on 7/30/2020)
July 21, 2020 Filing 38 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 8/4/2020. (jhfS, COURT STAFF) (Filed on 7/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
July 21, 2020 Filing 37 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2020. Initial Case Management Conference set for 10/20/2020 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 7/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
July 21, 2020 Filing 36 Case transferred in from District of Kentucky Western; Case Number 3:19-cv-00527. Original file certified copy of transfer order and docket sheet received.
July 17, 2020 Opinion or Order Filing 35 ORDER Signed by Judge David J. Hale on 7/17/2020 - Alphabet's motion to dismiss or transfer (D.N. #22 ) is GRANTED in part. This matter is TRANSFERRED to the United States District Court for the Northern District of California, San Jose Division. See 28 U.S.C. 1404(a). The motion is DENIED as moot to the extent Alphabet moves to dismiss and to strike. All remaining motions (D.N. #24 ; D.N. #30 ; D.N. #31 ; D.N. #34 ) are DENIED as moot. cc: NDCA (KD)
May 29, 2020 MOTION to Strike #30 MOTION to Allow Newly Discovered Evidence and Keep Punitive Damages and the Trial in Louisville, KY by Plaintiff David Russell Ellenberger. (Please see DN #34 for PDF.) (KD)
May 29, 2020 Filing 34 RESPONSE to Motion re #31 MOTION to Strike #30 MOTION to Allow Newly Discovered Evidence and Keep Punitive Damages and the Trial in Louisville, KY filed by David Russell Ellenberger. (Attachments: #1 Transmittal Letter) (KD)
May 29, 2020 Opinion or Order Filing 33 AGREED ORDER FOR EXTENSION OF TIME IN WHICH TO CONDUCT THE PARTIES' RULE 26(F) CONFERENCE Signed by Magistrate Judge Regina S. Edwards on 5/29/2020, granting #32 - The deadline for the Parties' Rule 26(f) conference is extended to 14 days after the Court issues an order on Defendant's Motion to Dismiss or Transfer. (KD)
May 22, 2020 Filing 32 Proposed Agreed Order For Extension Of Time In Which To Conduct The Parties' Rule 26(f) Conference by Alphabet, Inc. (Spector, Kelsey)
May 21, 2020 Filing 31 MOTION to Strike #30 MOTION to Allow Newly Discovered Evidence and Keep Punitive Damages and the Trial in Louisville, KY by Defendant Alphabet, Inc (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Zoppoth, Scott)
May 6, 2020 Filing 30 MOTION to Allow Newly Discovered Evidence and Keep Punitive Damages and the Trial in Louisville, KY by Plaintiff David Russell Ellenberger. (KD)
March 26, 2020 Opinion or Order Filing 29 AGREED ORDER FOR EXTENSION OF TIME IN WHICH TO CONDUCT THE PARTIES' RULE 26 (F) CONFERENCE Signed by Magistrate Judge Regina S. Edwards on 3/26/2020, granting #28 - The deadline for the Parties' Rule 26(f) conference is extended by thirty days to May 26, 2020. (KD)
March 25, 2020 Filing 28 Proposed Agreed Order For Extension Of Time In Which To Conduct The Parties Rule 26(F) Conference by Alphabet, Inc. (Spector, Kelsey)
February 25, 2020 Opinion or Order Filing 27 AGREED ORDER FOR EXTENSION OF TIME IN WHICH TO CONDUCT THE PARTIES' RULE 26(F) CONFERENCE Signed by Magistrate Judge Regina S. Edwards on 2/24/2020, granting #25 - The deadline for the Parties' Rule 26(f) conference is extended by thirty days to March 25, 2020. (KD)
February 24, 2020 Filing 26 REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Transfer Case MOTION to Strike #1 Complaint, , #24 MOTION Defendant's Reply In Support of its Motion to Dismiss or Transfer and, in the Alternative, to Strike Request for Punitive Damages filed by Alphabet, Inc. (Spector, Kelsey)
February 21, 2020 Filing 25 Proposed Agreed Order For Extension of Time in Which to Conduct the Parties' Rule 26(f) Conference by Alphabet, Inc by Alphabet, Inc. (Spector, Kelsey)
February 10, 2020 Filing 24 MOTION to Sue for Fraud, Motion to Keep the Case in the Western District of Kentucky, Motion to Assess Punitive Damages, Motion for Interrogatories, Motion to Depose, by Plaintiff David Russell Ellenberger. (KD)
January 29, 2020 Filing 23 NOTICE of Pro Se (Non Prisoner) Registration to Receive Documents Electronically by David Russell Ellenberger. cc: Quality Control (JM)
January 24, 2020 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Transfer Case , MOTION to Strike #1 Complaint, by Defendant Alphabet, Inc (Attachments: #1 Proposed Order Granting Alphabet Inc.s Motion to Dismiss Plaintiffs' Complaint, #2 Affidavit Declaration of Matt Solomon In Support of Motion to Dismiss Plaintiffs Complaint, #3 Exhibit A to the Declaration of Matt Solomon, #4 Exhibit B to the Declaration of Matt Solomon) (Spector, Kelsey)
January 16, 2020 Opinion or Order Filing 21 AGREED ORDER FOR EXTENSION OF TIME Signed by Magistrate Judge Regina S. Edwards on 1/16/2020, granting #16 - The deadline for the Parties' Rule 26(f) conference is extended to 30 days after Defendant has responded to Plaintiff's Complaint. (KD)
January 16, 2020 Opinion or Order Filing 20 TEXT ORDER Signed by Judge David J. Hale on 1/16/2020 granting #17 Motion for Kelsey Spector to Appear Pro Hac Vice ; granting #18 Motion for Jeffrey M. Gutkin to Appear Pro Hac Vice ; granting #19 Motion for Aarti Reddy to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
January 15, 2020 Filing 19 MOTION for Aarti Reddy to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3022418. by Defendant Alphabet, Inc (Attachments: #1 Proposed Order Proposed Order, #2 Supplement Certificate of Good Standing) (Zoppoth, Scott)
January 15, 2020 Filing 18 MOTION for Jeffrey M. Gutkin to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3022409. by Defendant Alphabet, Inc (Attachments: #1 Proposed Order Proposed Order, #2 Supplement Certificate of Good Standing) (Zoppoth, Scott)
January 15, 2020 Filing 17 MOTION for Kelsey Spector to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3022398. by Defendant Alphabet, Inc (Attachments: #1 Proposed Order Proposed Order, #2 Supplement Certificate of Good Standing) (Zoppoth, Scott)
January 13, 2020 Filing 16 Proposed Agreed Order by Alphabet, Inc by Alphabet, Inc. (Zoppoth, Scott)
January 2, 2020 Filing 15 SUMMONS Returned Executed. (KD)
December 9, 2019 Opinion or Order Filing 14 AGREED ORDER FOR EXTENSION OF TIME Signed by Magistrate Judge Regina S. Edwards on 12/6/2019, granting #12 - The date for Defendant's responsive pleading to Plaintiff's Complaint (DN #1 ) is extended to January 24, 2020. cc: Counsel (KD)
December 4, 2019 Filing 13 Corporate Disclosure Statement by Alphabet, Inc. (Zoppoth, Scott)
December 4, 2019 Filing 12 Proposed Agreed Order by Alphabet, Inc by Alphabet, Inc. (Zoppoth, Scott)
December 4, 2019 Filing 11 NOTICE of Appearance by Scott P. Zoppoth on behalf of Alphabet, Inc (Zoppoth, Scott)
October 22, 2019 Filing 10 Summons Issued as to Alphabet, Inc. Summons forwarded to the United States Marshal for Service. (Attachments: #1 USM 285) (MEJ)
October 22, 2019 Opinion or Order Filing 9 ORDER Signed by Magistrate Judge Regina S. Edwards on 10/22/2019 granting #8 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall issue summons and effect service of process of the Complaint (DN #1 ) and this Order on Defendant by way of the U.S. Marshals Service in accordance with Rule 4 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(c) (3). Plaintiff is WARNED that failure to notify the Clerk of Court of any address change or failure to comply with this or any subsequent order of the Court MAY RESULT IN A DISMISSAL OF THIS CASE. The Clerk of Court is DIRECTED to mail Plaintiff a copy of the Pro Se Non- Prisoner Handbook. The Clerk of Court is further DIRECTED to remove "doing business as InternetTop40.com, LLC" from Plaintiff's name in the docket sheet. cc: Counsel, Pro Se Plaintiff, Defendant (MEJ)
September 19, 2019 Filing 8 MOTION for Leave to Proceed in forma pauperis by Plaintiff David Russell Ellenberger. (MEJ)
September 12, 2019 Opinion or Order Filing 7 ORDER Signed by Magistrate Judge Regina S. Edwards on 9/12/2019 denying without prejudice #2 Motion for Leave to Proceed in forma pauperis. Plaintiff Ellenberger shall re-file an application to proceed without prepayment of fees that contains sufficient financial information within fourteen (14) days from the entry date of this Order. The Clerk of Court is DIRECTED to provide Plaintiff Ellenberger with a non- prisoner application to proceed without prepayment of fees with the instant case number affixed thereto. Plaintiff Ellenberger is WARNED that his failure to file the new application will result in dismissal of the action for failure to comply with an order of this Court and for failure to prosecute. Within fourteen (14) days from the entry date of this Order, Plaintiff Ellenberger must notify the Court in writing whether the corporation, InternetTop40.com, LLC, is a party to this action. If InternetTop40.com, LLC is in fact a Plaintiff to this action, that Plaintiff shall have an additional sixty (60) days from the entry date of this Order to retain counsel who shall enter an appearance on its behalf. Failure to do so will result in dismissal of the claim(s) asserted by InternetTop40.com, LLC. cc: Counsel, Pro Se Plaintiff (MEJ)
August 19, 2019 Filing 6 Response to #5 Notice of Deficiency filed by David Russell Ellenberger. (AME)
August 14, 2019 Filing 5 NOTICE of Deficiency re #1 Complaint. Reason for Deficiency: Complaint is missing signature. Failure to comply will be brought to the attention of the Court. Response due by 9/13/2019. (ALS)
July 29, 2019 Opinion or Order Filing 4 TEXT ORDER by Judge David J. Hale on 7/29/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Regina S. Edwards, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
July 18, 2019 Filing 3 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (ALS)
July 18, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff David Russell Ellenberger (ALS)
July 18, 2019 Filing 1 COMPLAINT against Alphabet, Inc, filed by David Russell Ellenberger. (Attachments: #1 Cover Sheet, #2 Summons Tendered) (ALS) (Additional attachment(s) added on 8/14/2019: #3 Summons) (MEJ). (Additional attachment(s) added on 8/19/2019: #4 Signature Page) (AME).

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Defendant: Alphabet Inc.
Represented By: Scott P. Zoppoth
Represented By: Aarti Reddy
Represented By: Jeffrey M. Gutkin
Represented By: Kelsey Spector
Represented By: Kelsey R. Spector
Represented By: Jeffrey Gutkin
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Plaintiff: David Russell Ellenberger
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