M.E.O.W.I.E. Foundation Inc. v. Alphabet, Inc.
| M.E.O.W.I.E. Foundation Inc. doing business as Beach Broadcast and Carrol Hall |
| Alphabet Inc., Google LLC doing business as YouTube, XXVI Holdings Inc, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10 and Doe Partnerships 1-50 |
| 5:2021cv07421 |
| September 23, 2021 |
| US District Court for the Northern District of California |
| Lucy H Koh |
| Kandis A Westmore |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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Filing 47
Order by Judge Lucy H. Koh conditionally granting #46 Motion to Withdraw as Attorney.(lhklc1, COURT STAFF) (Filed on 11/10/2021)
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| Filing 46 MOTION to Withdraw as Attorney filed by Carrol Hall, M.E.O.W.I.E. Foundation Inc.. Responses due by 11/1/2021. Replies due by 11/8/2021. (Attachments: #1 Proposed Order PERMITTING WITHDRAWAL AND SUBSTITUTION OF COUNSEL)(Collins, Michael) (Filed on 10/18/2021) |
| #Electronic filing error. Incorrect event used. [err101] The proper event is a motion. This filing will not be processed by the clerks office. Please re-file in its entirety Re: #45 Notice of Substitution of Counsel filed by Carrol Hall, M.E.O.W.I.E. Foundation Inc. (cjlS, COURT STAFF) (Filed on 10/18/2021) |
| Filing 45 NOTICE of Substitution of Counsel by Michael John Collins (Collins, Michael) (Filed on 10/15/2021) |
| Filing 44 CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is SET for Wednesday, January 26, 2022 at 2:00 PM before Judge Lucy H. Koh. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. A hearing on #24 Defendants Alphabet, Inc. and Google LLC's MOTION to Dismiss is SET for Thursday, January 6, 2022 at 1:30 PM before Judge Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.)(kedS, COURT STAFF) (Filed on 10/12/2021) |
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Filing 43
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Judge Jon S. Tigar 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.Correction of clerical error upon assignment.. Signed by Clerk on 10/6/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 10/6/2021)
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| Filing 42 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/11/2022. Initial Case Management Conference set for 1/18/2022 02:00 PM in Oakland, - 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/jst Court Appearances: Advan ced 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 JSTCRD@cand.uscourts.gov no later than January 14, 2022 by Noon.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/zoo m/. Case Management Statement due by 1/11/2022. Initial Case Management Conference set for 1/18/2022 02:00 PM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 10/6/2021) |
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Filing 41
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on 10/6/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 10/6/2021)
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| 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. (wft, COURT STAFF) (Filed on 10/5/2021) |
| Filing 39 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alphabet Inc., Google LLC.. (Gressel, Amit) (Filed on 10/4/2021) |
| 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 10/8/2021. (wft, COURT STAFF) (Filed on 9/24/2021) |
| Filing 37 ***CLERK'S NOTICE SUBMITTED IN ERROR RE #38 FOR CORRECTED CLERK'S NOTICE*** CLERK'S NOTICE Re: Consent or Declination: Plaintiff and 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 10/8/2021. (wft, COURT STAFF) (Filed on 9/24/2021) Modified on 9/27/2021 (wft, COURT STAFF). |
| Filing 36 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2022. Initial Case Management Conference set for 1/11/2022 01:30 PM in Oakland, - To be determined. (cjlS, COURT STAFF) (Filed on 9/23/2021) |
| Filing 35 CLERK'S NOTICE Acknowledging Receipt of Case Transfer in from USDC Hawaii, 1:21-cv-215-DKW-WRP. (cjlS, COURT STAFF) (Filed on 9/23/2021) |
| Filing 34 Case transferred in from District of Hawaii; Case Number 1:21-cv-00215. Case file, copy of transfer order and docket sheet received. Modified on 9/23/2021 (cjlS, COURT STAFF). |
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Filing 33
ORDER (1) GRANTING MOTION TO TRANSFER, (2) HOLDING IN ABEYANCE MOTION TO DISMISS AND (3) TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION re #24 - Signed by JUDGE DERRICK K. WATSON on 9/22/2021. With no valid public factors evident for declining transfer of this action, the Court GRANTS the motion to transfer, Dkt. No. 24, for the reasons set forth herein. As a result, the Court declines to address the motion to dismiss, Dkt. No. 24, and holds the same in abeyance pending transfer. The Clerk of Court is directed to TRANSFER this case to the United States District Court for the Northern District of California, San Jose Division. (emt, )
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| Filing 32 EO: Having reviewed the parties' briefing with respect to Defendants' motion to dismiss or, in the alternative, to transfer (Dkt. No. #24 ), the Court elects to decide the motion without a hearing pursuant to Local Rule 7.1(c). Therefore, the hearing scheduled for September 17, 2021 (Dkt. No. 25 ) is VACATED and the motion is taken under advisement. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(rls, ) |
| Filing 31 Defendants Alphabet, Inc. and Google LLC's REPLY Memorandum in Support of #24 MOTION to Dismiss , or in the Alternative, to Transfer., #29 Response in Opposition to Motion, filed by Alphabet, Inc., Google LLC. (Attachments: #1 Certificate of Service)(Lee, Allison) Modified on 9/8/2021 (emt, ). |
| Filing 30 EO: #24 Defendants Alphabet, Inc. and Google LLC's Motion to Dismiss Or, in the Alternative, to Transfer currently set for hearing on 9/17/2021 @ 9:30 a.m. before Judge Derrick K. Watson will be conducted by video teleconference ("VTC").The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-32072. Enter your Access Code (1607055636)The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 29 RESPONSE in Opposition re #24 Defendants Alphabet, Inc. and Google LLC's MOTION to Dismiss , or in the Alternative, to Transfer. filed by Carrol Hall. (Attachments: #1 Memorandum of Law, #2 Declaration of Michael J. Collins, #3 Affidavit of Carrol Hall, #4 Exhibit 1-16 to Affidavit of Carrol Hall, #5 Certificate of Service)(Collins, Michael) |
| Filing 28 EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 9/7/2021 to 10/25/2021 at 8:45 a.m. before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 27 EO: At the request of Amit Q. Gressel and no objection by opposing counsel, the hearing on #24 Defendants Alphabet, Inc. and Google LLC's Motion to Dismiss Or, in the Alternative, to Transfer currently set for 9/3/2021 is continued to 9/17/2021 @ 9:30 a.m. before Judge Derrick K. Watson. The briefing schedule for this motion is governed by the Local Rules, based on the new hearing date of 9/17/2021. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 26 Letter addressed to Judge Derrick K. Watson from Amit Q. Gressel, Esq. re Request to reschedule hearing on Defendants' Motion to Dismiss or, in the Alternative, to Transfer, currently scheduled for September 3, 2021, dated July 23, 2021. (emt, ) |
| Filing 25 NOTICE of Hearing on #24 Defendants Alphabet, Inc. and Google LLC's Motion to Dismiss Or, in the Alternative, to Transfer is set for 9/3/2021 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing should be due in accordance with Local Rule 7.2.(tyk) |
| Filing 24 Defendants Alphabet, Inc. and Google LLC's MOTION to Dismiss , or in the Alternative, to Transfer. Allison Mizuo Lee appearing for Defendants Google LLC, Alphabet, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Allison Mizuo Lee, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Certificate of Service)(Lee, Allison) Modified on 7/15/2021 (emt, ). |
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Filing 23
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO BRIAN M. WILLEN re #21 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/12/2021. (emt, )
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO AMIT Q. GRESSEL re #20 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/12/2021. (emt, )
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| Filing 21 MOTION for Pro Hac Vice [Brian M. Willen, Esq.] Filing fee $ 300, receipt number 0975-2550107.Allison Mizuo Lee appearing for Defendants Alphabet, Inc., Google LLC (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Lee, Allison) Modified on 7/12/2021 (emt, ). |
| Filing 20 MOTION for Pro Hac Vice [Amit Q. Gressel, Esq.] Filing fee $ 300, receipt number 0975-2550099.Allison Mizuo Lee appearing for Defendants Alphabet, Inc., Google LLC (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Lee, Allison) Modified on 7/12/2021 (emt, ). |
| Filing 19 EO: To allow time for Defendants to respond to the Second Amended Complaint, the Court finds good cause to CONTINUE the Telephonic Rule 16 Scheduling Conference from 7/19/2021 to 9/7/2021 at 9:30 a.m. before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 18 Summons Issued as to Alphabet, Inc., Google LLC, XXVI Holdings, Inc. (emt, ) |
| Filing 17 CERTIFICATE OF SERVICE by M.E.O.W.I.E. Foundation Inc. re #16 Summons (Proposed), #15 Jury Demand, #14 Amended Complaint (Collins, Michael) |
| Filing 16 Summons (Proposed) (Collins, Michael) |
| Filing 15 DEMAND for Trial by Jury. (Collins, Michael) |
| Filing 14 Second AMENDED COMPLAINT against M.E.O.W.I.E. Foundation Inc., All Defendants filed by M.E.O.W.I.E. Foundation Inc. and Carrol Hall (Attachments: #1 Exhibit A)(Collins, Michael) Modified on 6/30/2021 (emt, ). |
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Filing 13
STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; EXHIBITS A-B; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/3/2021. (emt, )
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Filing 12
STIPULATION FOR SECOND EXTENSION OF TIME TO FILE ANSWER OR OTHERWISE RESPOND TO COMPLAINT; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 5/18/2021. In view of Plaintiff's intent to pursue the filing of a Second Amended Complaint, the parties hereby AGREE and STIPULATE that the deadline for Defendants to answer or otherwise respond to the Complaint shall be further extended to June 4, 2021. (emt, )
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| Filing 11 EO: Based on Plaintiffs' Withdrawal, ECF No. #10 , the Court terminates Plaintiffs' Motion for Leave to File Second Amended Complaint, ECF No. #6 . (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 10 Plaintiffs' Withdrawal of #6 First Motion for Leave to File Second Amended Complaint by M.E.O.W.I.E. Foundation Inc.. (Collins, Michael) Modified on 5/14/2021 (emt, ). |
| Filing 9 EO: The Telephonic Rule 16 Scheduling Conference set for 6/2/2021 is CONTINUED to 7/19/2021 at 8:45 a.m. before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 8 EO: On 5/12/2021, Plaintiffs filed a Motion for Leave to File Second Amended Complaint. First, it does not appear that the motion contains the required certification under Local Rule 7.8, which requires the filing party to certify that they conferred at least seven days prior to filing the motion with opposing counsel to discuss thoroughly the substance of the contemplated motion and any potential partial or complete resolution. See LR7.8. Second, the Motion does not comply Local Rule 10.4, which requires the filing party to include a copy of "the proposed amended pleading in redline format, which must indicate in every respect how the proposed amended pleading differs from the pleading which it amends, by striking through the text to be deleted and underlining the text to be added." LR10.4.No later than 5/17/2021, Plaintiffs' counsel shall file a supplemental declaration in support of the Motion attaching the proposed Second Amended Complaint in redline format. No later than 5/21/2021, Plaintiffs' counsel shall file a second supplemental declaration stating that the required Local Rule 7.8 conference took place and the result of the conference. If the parties are able to reach a resolution, the appropriate stipulation may be submitted to the Court at porter_orders@hid.uscourts.gov. If the parties are unable to reach a resolution on the Motion, the Court will decide the Motion without a hearing and directs briefing as follows: any opposition shall be filed no later than 6/7/2021; reply shall be filed no later than 6/21/2021. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 7 DEMAND for Trial by Jury. (Collins, Michael) |
| Filing 6 First MOTION for Leave to File Second Amended Complaint Michael John Collins appearing for Plaintiff M.E.O.W.I.E. Foundation Inc. (Attachments: #1 Declaration of Michael J. Collins, #2 Exhibit A, #3 Memorandum of Law In Support of Motion, #4 Notice of Hearing Motion, #5 Certificate of Service)(Collins, Michael) Modified on 5/13/2021 (emt, ). |
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Filing 5
STIPULATION FOR FIRST EXTENSION OF TIME TO FILE ANSWER OR OTHERWISE RESPOND TO COMPLAINT; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 5/6/2021. (emt, )
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 6/2/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/30/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00215 DKW-WRP on all further pleadings. (emt, ) |
| Filing 2 Corporate Disclosure Statement by Alphabet, Inc.. (Attachments: #1 Certificate of Service)(Lee, Allison) |
| Filing 1 Defendants Alphabet, Inc. and Google LLC, dba YouTube's NOTICE OF REMOVAL by Alphabet, Inc., Google LLC dba YouTube from Second Circuit Court, case number 2CCV-21-0000061. ( Filing fee $ 402 receipt number 0975-2518659), filed by Alphabet, Inc.. (Attachments: #1 Exhibit A (Complaint; Exhibit A; Jury Trial Demand; Summons - 2CCV-21-0000061) , #2 Certificate of Service, #3 Civil Cover Sheet)(Lee, Allison) Modified on 4/30/2021 (emt, ). |
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