Barbiero et al v. Charles Schwab Investment Advisory, Inc.
Plaintiff: Lauren Marie Barbiero, Kimberly Jo Lopez and William Kenneth Lopez
Defendant: Charles Schwab Investment Advisory, Inc.
Case Number: 4:2021cv07034
Filed: September 10, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Referring Judge: Phyllis J Hamilton
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2021 Filing 30 Administrative Motion to File Under Seal Portions of Defendant's Motion to Dismiss Class Action Complaint and Supporting Documents filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W)(Mendro, Jason) (Filed on 11/8/2021)
November 8, 2021 Filing 29 Declaration of Russell B. Balikian in Support of #27 MOTION to Dismiss Class Action Complaint filed byCharles Schwab Investment Advisory, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Related document(s) #27 ) (Balikian, Russell) (Filed on 11/8/2021)
November 8, 2021 Filing 28 Request for Judicial Notice re #27 MOTION to Dismiss Class Action Complaint filed byCharles Schwab Investment Advisory, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #27 ) (Mendro, Jason) (Filed on 11/8/2021)
November 8, 2021 Filing 27 MOTION to Dismiss Class Action Complaint filed by Charles Schwab Investment Advisory, Inc.. Motion Hearing set for 2/24/2022 01:30 PM in Oakland, - Videoconference Only before Judge Phyllis J. Hamilton. Responses due by 11/22/2021. Replies due by 11/29/2021. (Attachments: #1 Proposed Order)(Mendro, Jason) (Filed on 11/8/2021)
November 8, 2021 Opinion or Order Filing 26 ORDER by Judge Phyllis J. Hamilton granting #23 Motion for Pro Hac Vice as to Jordan Kazlow. (kc, COURT STAFF) (Filed on 11/8/2021)
November 8, 2021 Opinion or Order Filing 25 ORDER by Judge Phyllis J. Hamilton granting #22 Motion for Pro Hac Vice as to John Benjamin Lawrence. (kc, COURT STAFF) (Filed on 11/8/2021)
November 8, 2021 Opinion or Order Filing 24 ORDER by Judge Phyllis J. Hamilton granting #21 Motion for Pro Hac Vice as to Russell B. Balikian. (kc, COURT STAFF) (Filed on 11/8/2021)
November 5, 2021 Filing 23 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16596368.) filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(Kazlow, Jordan) (Filed on 11/5/2021)
November 5, 2021 Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 167666.) Filing fee previously paid on 11/04/2021 filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Certificate/Proof of Service Certificates of Good Standing)(Lawrence, John) (Filed on 11/5/2021)
November 4, 2021 Filing 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16590556.) Filing fee previously paid on 11/03/2021 filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Certificate of Good Standing)(Balikian, Russell) (Filed on 11/4/2021)
November 4, 2021 Filing 20 NOTICE of Appearance by Brian Michael Lutz on behalf of Charles Schwab Investment Advisory, Inc. (Lutz, Brian) (Filed on 11/4/2021)
November 4, 2021 Filing 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16590971.) filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Certificate/Proof of Service Certificates of Good Standing)(Lawrence, John) (Filed on 11/4/2021)
November 4, 2021 #Electronic filing error. This filing will not be processed by the clerks office. Please re-file in its entirety re: #19 MOTION for leave to appear in Pro Hac Vice as to John L awrence, #18 MOTION for leave to appear in Pro Hac Vice as to Russell Balikian. ***Pursuant to Local Rule 11-3(a)(3) an attorney designated as co-counsel must maintain an office within the State of California.*** (kc, COURT STAFF) (Filed on 11/4/2021)
November 3, 2021 Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16590556.) filed by Charles Schwab Investment Advisory, Inc.. (Attachments: #1 Certificate of Good Standing)(Balikian, Russell) (Filed on 11/3/2021)
November 3, 2021 Filing 17 Certificate of Interested Entities by Charles Schwab Investment Advisory, Inc. identifying Corporate Parent The Charles Schwab Corporation, Corporate Parent Schwab Holdings, Inc. for Charles Schwab Investment Advisory, Inc.. (Mendro, Jason) (Filed on 11/3/2021)
November 3, 2021 Filing 16 Corporate Disclosure Statement by Charles Schwab Investment Advisory, Inc. identifying Corporate Parent The Charles Schwab Corporation, Corporate Parent Schwab Holdings, Inc. for Charles Schwab Investment Advisory, Inc.. (Mendro, Jason) (Filed on 11/3/2021)
November 3, 2021 Filing 15 NOTICE of Appearance by Jason Jacob Mendro on behalf of Charles Schwab Investment Advisory, Inc. (Mendro, Jason) (Filed on 11/3/2021)
October 12, 2021 Opinion or Order Filing 14 ORDER by Judge Phyllis J. Hamilton granting #13 Motion for Pro Hac Vice as to Garrett W. Wotkyns. (kcS, COURT STAFF) (Filed on 10/12/2021)
October 12, 2021 Filing 13 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16489249.) filed by Lauren Marie Barbiero, Kimberly Jo Lopez, William Kenneth Lopez. (Wotkyns, Garrett) (Filed on 10/12/2021)
September 22, 2021 Opinion or Order Filing 12 ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF CLASS ACTION COMPLAINT by Judge Phyllis J. Hamilton granting #11 Administrative Motion to File Under Seal. (kcS, COURT STAFF) (Filed on 9/22/2021)
September 17, 2021 Filing 11 Administrative Motion to File Under Seal filed by Lauren Marie Barbiero, Kimberly Jo Lopez, William Kenneth Lopez. (Attachments: #1 Declaration of John T. Jasnoch, #2 Proposed Order, #3 Exhibit 1 - Redacted complaint, #4 Exhibit 2 - Unredacted complaint, #5 Certificate/Proof of Service of filing unredacted document)(Jasnoch, John) (Filed on 9/17/2021)
September 16, 2021 Opinion or Order Filing 10 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 12/9/2021. Initial Case Management Conference set for 12/16/2021 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 9/16/2021. (kcS, COURT STAFF) (Filed on 9/16/2021)
September 16, 2021 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Judge. Signed by The Clerk on 9/16/21. (haS, COURT STAFF) (Filed on 9/16/2021)
September 15, 2021 Filing 8 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. (ejkS, COURT STAFF) (Filed on 9/15/2021)
September 15, 2021 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lauren Marie Barbiero, Kimberly Jo Lopez, William Kenneth Lopez.. (Jasnoch, John) (Filed on 9/15/2021)
September 14, 2021 Filing 6 WAIVER OF SERVICE Returned Executed filed by Lauren Marie Barbiero, William Kenneth Lopez, Kimberly Jo Lopez. Service waived by Charles Schwab Investment Advisory, Inc. waiver sent on 9/13/2021, answer due 11/12/2021. (Jasnoch, John) (Filed on 9/14/2021)
September 10, 2021 Filing 5 Summons Issued as to Charles Schwab Investment Advisory, Inc.. (dhmS, COURT STAFF) (Filed on 9/10/2021)
September 10, 2021 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/2/2021. Initial Case Management Conference set for 12/9/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. (dhmS, COURT STAFF) (Filed on 9/10/2021)
September 10, 2021 Filing 3 Case assigned to Magistrate Judge Laurel Beeler. 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 9/24/2021. (bwS, COURT STAFF) (Filed on 9/10/2021)
September 10, 2021 Filing 2 Proposed Summons. (Jasnoch, John) (Filed on 9/10/2021)
September 10, 2021 Filing 1 COMPLAINT against Charles Schwab Investment Advisory, Inc. ( Filing fee $ 402, receipt number 0971-16377073.). Filed byLauren Marie Barbiero, William Kenneth Lopez, Kimberly Jo Lopez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Jasnoch, John) (Filed on 9/10/2021)

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Search for this case: Barbiero et al v. Charles Schwab Investment Advisory, Inc.
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Plaintiff: Lauren Marie Barbiero
Represented By: John T. Jasnoch
Represented By: Garrett W Wotkyns
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Plaintiff: Kimberly Jo Lopez
Represented By: John T. Jasnoch
Represented By: Garrett W Wotkyns
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Plaintiff: William Kenneth Lopez
Represented By: John T. Jasnoch
Represented By: Garrett W Wotkyns
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Defendant: Charles Schwab Investment Advisory, Inc.
Represented By: Jason Jacob Mendro
Represented By: Brian Michael Lutz
Represented By: John Benjamin Lawrence
Represented By: Jordan Alexandra Kazlow
Represented By: Russell Balikian
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