Peak v. Tigergraph, Inc. et al
| Brendon Peak |
| TigerGraph, Inc., Yu Xu, Todd Blashka and GraphSQL, Inc. doing business as TigerGraph |
| 3:2021cv02603 |
| April 9, 2021 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Laurel Beeler |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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Filing 34
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 7/8/2021 is reset to 7/29/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/22/2021. 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 /lb 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/. (This is a text-only entry generated by the court. Ther e is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/26/2021)
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Filing 33
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 6/9/2021. (ejkS, COURT STAFF) (Filed on 5/26/2021)
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Filing 32
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 7/8/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. 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/lb General Order 58. Perso ns 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/. (This is a text-only entry generated by the court. There is no document associated with this entry. ) (ejkS, COURT STAFF) (Filed on 5/7/2021)
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Filing 31
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 4/9/2021)
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Filing 30
CASE TRANSFERRED in from United States District Court for the District of Massachusetts (Boston); Case Number 1:20-cv-11496-IT. Original File Certified Copy of Transfer Order and Docket Sheet Received.
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Filing 29
Case transferred to the Northern District of California. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (Kelly, Danielle)
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Filing 28
Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Defendants' Motion to Transfer Venue #14 is ALLOWED, and the matter is transferred to the Northern District of California pursuant to 28 U.S.C. § 1404(a). Please see attached. (Kelly, Danielle)
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Filing 27
Letter/request (non-motion) from Sol J. Cohen, Plaintiff's counsel . (Cohen, Sol)
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Filing 26
Letter/request (non-motion) from John F. Welsh . (Attachments: #1 Order Setting Case Management Conference)(Welsh, John)
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Filing 25
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 11/2/2020. Case called. Court had colloquy with counsel. Parties to jointly report to clerk any request for ADR. Scheduling order to issue upon resolution of #14 Motion to Transfer case. Motion for Leave to File #24 DENIED. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Sol J. Cohen, Kenneth M. Bello, John F. Welsh) (MacDonald, Gail)
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Filing 24
MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS THE COMPLAINT IN ITS ENTIRETY by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A)(Welsh, John)
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Filing 23
MEMORANDUM in Opposition re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Brendon Peak. (Attachments: #1 Affidavit of Brendon Peak, #2 Affidavit of Sol J. Cohen, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5)(Cohen, Sol)
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Filing 22
Opposition re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Brendon Peak. (Cohen, Sol)
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Filing 21
NOTICE Resetting a Hearing. Scheduling Conference set for 10/26/2020 is RESET for 11/2/2020 03:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail)
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Filing 20
Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #19 Motion for Extension of Time to File Response/Reply re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. Responses due by 10/29/2020. (Kelly, Danielle)
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Filing 19
MOTION for Extension of Time to 10/29/2020 to File Response/Reply as to #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. by Brendon Peak. (Attachments: #1 Exhibit Decision-CA Court)(Cohen, Sol) Modified on 10/23/2020: Corrected docket text to reflect correct extension date (Kelly, Danielle).
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Filing 18
CERTIFICATION pursuant to Local Rule 16.1 . (Welsh, John)
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Filing 17
CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff. (Cohen, Sol)
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Filing 16
JOINT STATEMENT re scheduling conference . (Bello, Kenneth)
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Filing 15
MEMORANDUM in Support re #14 MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. filed by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit 1)(Bello, Kenneth)
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Filing 14
MOTION to Transfer Case or in the alternative, to Dismiss Complaint in Its Entirety to Northern District of California. by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bello, Kenneth)
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Filing 13
NOTICE of Scheduling Conference. Telephonic Scheduling Conference set for 10/26/2020 02:15 PM before Judge Indira Talwani. (Teleconference #: (888)-808-6929 access code: 8523158) (MacDonald, Gail)
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Filing 12
Judge Indira Talwani: ELECTRONIC ORDER: DENYING without prejudice Defendants' Motion to Stay #7 and DENYING Defendants' Motion for Leave to File Reply #11 . Defendants assert that the action should be stayed "to manage judicial resources efficiently and in a manner to avoid inconsistent judgments." Mem. #8 at 5. But the motion to stay is premature, where no judicial action is needed at this time, and instead, the motion serves only to avoid Defendants' own obligation to timely respond to Plaintiff Brendon Peak's Complaint #1 . Therefore, Defendants shall promptly serve their responsive pleading, as required by Fed. R. Civ. P. 12. Defendants are not precluded from renewing their motion to stay after filing a responsive pleading. Before filing any such motion to stay (as with all motions in this session), counsel shall confer in accordance with Local Rule 7.1. (Kelly, Danielle)
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Filing 11
MOTION for Leave to File Reply in Support of Motion to Stay Proceeding by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A)(Welsh, John)
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Filing 10
MEMORANDUM in Opposition re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Brendon Peak. (Cohen, Sol)
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Filing 9
Opposition re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Brendon Peak. (Attachments: #1 Affidavit)(Cohen, Sol)
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Filing 8
MEMORANDUM in Support re #7 MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California filed by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Bello, Kenneth)
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Filing 7
MOTION to Stay Proceeding in Favor of the Previously-Filed Matter Pending in the U.S. District Court for the Northern District of California by Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bello, Kenneth)
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Filing 6
NOTICE of Appearance by John F. Welsh, III on behalf of Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu (Welsh, John)
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Filing 5
NOTICE of Appearance by Kenneth M. Bello on behalf of Todd Blashka, GraphSQL, Inc., Tigergraph, Inc., Yu Xu (Bello, Kenneth)
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Filing 4
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley)
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Filing 3
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary)
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Filing 2
Civil Cover Sheet & Category Sheet re #1 Complaint by Brendon Peak. (Attachments: #1 Civil Cover Sheet Category sheet)(Cohen, Sol)
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Filing 1
COMPLAINT AND JURY CLAIM against All Defendants (Filing Fee: $400.00, receipt number 0101-8365215) (Fee Status: Filing Fee paid), filed by Brendon Peak.(Cohen, Sol)
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