M.E.O.W.I.E. Foundation Inc. v. Alphabet, Inc.
Plaintiff: M.E.O.W.I.E. Foundation Inc. doing business as Beach Broadcast and Carrol Hall
Defendant: 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
Case Number: 4:2021cv07421
Filed: September 23, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Kandis A Westmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 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)
September 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).
September 23, 2021 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)
September 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)
September 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).
September 22, 2021 Opinion or Order 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, )
September 15, 2021 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, )
September 3, 2021 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, ).
September 1, 2021 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)
July 29, 2021 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)
July 26, 2021 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)
July 26, 2021 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)
July 23, 2021 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, )
July 14, 2021 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)
July 13, 2021 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, ).
July 12, 2021 Opinion or Order 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, )
July 12, 2021 Opinion or Order 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, )
July 9, 2021 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, ).
July 9, 2021 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, ).
July 2, 2021 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)
June 30, 2021 Filing 18 Summons Issued as to Alphabet, Inc., Google LLC, XXVI Holdings, Inc. (emt, )
June 29, 2021 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)
June 29, 2021 Filing 16 Summons (Proposed) (Collins, Michael)
June 29, 2021 Filing 15 DEMAND for Trial by Jury. (Collins, Michael)
June 29, 2021 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, ).
June 3, 2021 Opinion or Order 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, )
May 18, 2021 Opinion or Order 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, )
May 14, 2021 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)
May 13, 2021 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, ).
May 13, 2021 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)
May 13, 2021 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)
May 12, 2021 Filing 7 DEMAND for Trial by Jury. (Collins, Michael)
May 12, 2021 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, ).
May 6, 2021 Opinion or Order 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, )
April 30, 2021 Opinion or Order 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, )
April 30, 2021 Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00215 DKW-WRP on all further pleadings. (emt, )
April 30, 2021 Filing 2 Corporate Disclosure Statement by Alphabet, Inc.. (Attachments: #1 Certificate of Service)(Lee, Allison)
April 30, 2021 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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Plaintiff: M.E.O.W.I.E. Foundation Inc. doing business as Beach Broadcast
Represented By: Michael John Collins
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Plaintiff: Carrol Hall
Represented By: Michael John Collins
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Defendant: Alphabet Inc.
Represented By: Amit Q. Gressel
Represented By: Brian M. Willen
Represented By: Kristin S. Shigemura
Represented By: Allison Mizuo Lee
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Defendant: Google LLC doing business as YouTube
Represented By: Amit Q. Gressel
Represented By: Brian M. Willen
Represented By: Kristin S. Shigemura
Represented By: Allison Mizuo Lee
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Defendant: XXVI Holdings Inc
Represented By: Amit Q. Gressel
Represented By: Brian M. Willen
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Defendant: John Does 1-10
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Defendant: Jane Does 1-10
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Defendant: Doe Corporations 1-10
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Defendant: Doe Partnerships 1-50
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