San Miguel Erice et al v. Hemming et al
| Oscar San Miguel Erice, Franco Fasoli, Norberto Gonzalez and PF Urban Agency SL |
| Paul J. Hemming, Mirus Gallery, LLC and Zen Compound, LLC |
| 4:2021cv08315 |
| October 26, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Kandis A Westmore |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Both |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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Filing 39
CONDITIONAL ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 8/26/2022. (kc, COURT STAFF) (Filed on 8/26/2022)
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| Filing 38 STATUS REPORT THIRD JOINT STATUS REPORT RE SETTLEMENT by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 8/25/2022) |
| Filing 37 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 7/26/2022. Total Time in Court: 5 minutes. Not Reported. Plaintiff Attorney: Cristina Guido. Defendant Attorney: Ignascio Camarena II. Parties advise the Court that a settlement has been reached and that a stipulated dismissal will be e-filed within 30 days from today (August 25, 2022). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 7/26/2022) |
| Filing 36 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE RE DOCKET NO. #35 .Notice is hereby given that a Case Management Conference has been set for July 26, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. The July 26th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/19/2022) |
| Filing 35 STATUS REPORT SECOND JOINT STATUS REPORT RE SETTLEMENT by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 7/18/2022) |
| Filing 34 STATUS REPORT Joint Status Report re Settlement by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 5/31/2022) |
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Filing 33
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file by May 31, 2022, a joint status report of no more than two pages notifying the Court when they will file a stipulation of dismissal in light of the successful mediation held on March 31, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 5/24/2022)
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| Set Deadline, See Docket No. 33 : Status Report due by 5/31/2022. (ndr, COURT STAFF) (Filed on 5/24/2022) |
| Filing 32 Certification of ADR Session by Mediator Bruce H. Winkelman: I hereby certify that the parties in this matter held a Mediation session on March 31, 2022, and further facilitated discussions were held. The case settled. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 5/20/2022) |
| Filing 31 Certification of ADR Session by Mediator Bruce H. Winkelman: I hereby certify that the parties in this matter held a Mediation session on 3/31/2022. The case did not settle. Further facilitated discussions are expected by 4/4/2022. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 4/1/2022) |
| Set/Reset Hearing Mediation Hearing set for 3/31/2022 09:30 AM via Zoom. (af, COURT STAFF) (Filed on 3/17/2022) |
| Filing 30 ADR Clerk's Notice Appointing Bruce H. Winkelman as Mediator. (af, COURT STAFF) (Filed on 2/23/2022) |
| Filing 29 NOTICE of Appearance by Cristina Anastassia Guido for Plaintiffs Oscar San Miguel Erice, Franco Fasoli, Norberto Gonzalez and PF Urban Agency SL (Guido, Cristina) (Filed on 1/27/2022) |
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Filing 28
ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Stipulation Selecting Mediation.Docket No. #23 Terminated, Re-filed as Docket No. #25 . (ndr, COURT STAFF) (Filed on 1/27/2022)
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| Filing 27 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #25 . All future filings should reflect the case number as 4:21-cv-08315-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/27/2022) |
| CASE REFERRED to Mediation. (cmf, COURT STAFF) (Filed on 1/27/2022) |
| Filing 25 STIPULATION and Proposed Order selecting Mediation by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice JOINT filed by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 1/26/2022) |
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Filing 24
SCHEDULING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 1/26/2022. Amended Pleadings due by 3/26/2022; Close of Fact Discovery due by 6/27/2022; Opening Reports due by 7/15/2022; Rebuttal Reports due by 7/29/2022; Close of Expert Discovery due by 8/15/2022; Motion Hearing set for 10/13/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 1/10/2023 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection / Jury Trial (5-day) set for 1/30/2023 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 1/26/2022)
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| Filing 26 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 1/25/2022.Total Time in Court: 7 minutes. Not Reported. Plaintiff Attorney: Jeffrey Tsai and Cristina Guido. Defendant Attorney: Ignascio Camarena II. Court-connected mediation is discussed. Parties are directed to meet and confer and e-file a revised stipulation and proposed order selecting an ADR process with a 90-day deadline. The Court sets the following deadlines: March 26, 2022-amended pleadings; June 27, 2022-close of fact discovery; July 15, 2022-opening expert reports; July 29, 2022-rebuttal expert reports; August 15, 2022-close of expert discovery; October 13, 2022 at 2:00 p.m.-last day to hear dispositive motions; January 10, 2023 at 3:00 p.m.-pre-trial conference; and January 30, 2023 at 8:30 a.m.-5-day jury trial. Written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 1/25/2022) |
| Filing 23 STIPULATION WITH PROPOSED ORDER Selecting ADR Process (JOINT) filed by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 1/18/2022) |
| Filing 22 JOINT CASE MANAGEMENT STATEMENT filed by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 1/18/2022) |
| Filing 21 ANSWER TO COUNTERCLAIM Counter-Defendants' Answer and Affirmative Defenses to Counterclaimant Mirus Gallery, LLC's First Amended Counterclaim byPF Urban Agency SL, Oscar San Miguel Erice. (Tsai, Jeffrey) (Filed on 1/7/2022) |
| Filing 20 ANSWER to Amended Complaint and FIRST AMENDED, COUNTERCLAIM against PF Urban Agency SL, Oscar San Miguel Erice byZen Compound, LLC, Mirus Gallery, LLC, Paul J. Hemming. (Camarena, Ignascio) (Filed on 12/22/2021) |
| Filing 19 ANSWER to Amended Complaint , COUNTERCLAIM against All Plaintiffs byMirus Gallery, LLC. (Camarena, Ignascio) (Filed on 12/17/2021) |
| Filing 18 AMENDED DOCUMENT by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice. Amendment to #17 Amended Complaint CORRECTION OF DOCKET #17 . (Tsai, Jeffrey) (Filed on 12/3/2021) |
| Filing 17 **FILED IN ERROR, PLEASE SEE #18 ** AMENDED COMPLAINT (First) against Paul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC. Filed byNorberto Gonzalez, Oscar San Miguel Erice, PF Urban Agency SL, Franco Fasoli. (Tsai, Jeffrey) (Filed on 12/3/2021) Modified on 12/6/2021 (ark, COURT STAFF). |
| Filing 16 CLERK'S NOTICE RE DOCKET NO. 15 . Notice is hereby given that the case management conference previously set for January 25, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/24/2021) |
| Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for January 25, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 18th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-08315-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/12/2021) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 11/12/2021. (anj, COURT STAFF) (Filed on 11/12/2021)
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| Filing 13 ANSWER to Complaint byPaul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC. (Camarena, Ignascio) (Filed on 11/12/2021) |
| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (jjo, COURT STAFF) (Filed on 11/10/2021) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Paul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC.. (Camarena, Ignascio) (Filed on 11/9/2021) |
| Filing 10 AFFIDAVIT re #1 Notice of Removal, filing in State Court by Paul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC. (Camarena, Ignascio) (Filed on 11/9/2021) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice.. (Tsai, Jeffrey) (Filed on 11/9/2021) |
| Filing 8 Certificate of Interested Entities by Franco Fasoli, Norberto Gonzalez, PF Urban Agency SL, Oscar San Miguel Erice (Tsai, Jeffrey) (Filed on 11/9/2021) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/18/2022. Initial Case Management Conference set for 1/25/2022 01:30 PM in Oakland, - Videoconference Only. (ark, COURT STAFF) (Filed on 10/27/2021) |
| Filing 6 Case assigned to Magistrate Judge Kandis A. Westmore. 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 11/9/2021. (as, COURT STAFF) (Filed on 10/26/2021) |
| Filing 5 Corporate Disclosure Statement by Zen Compound, LLC (Camarena, Ignascio) (Filed on 10/26/2021) |
| Filing 4 Corporate Disclosure Statement by Mirus Gallery, LLC (Camarena, Ignascio) (Filed on 10/26/2021) |
| Filing 3 Certificate of Interested Entities by Paul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC (Camarena, Ignascio) (Filed on 10/26/2021) |
| Filing 2 Civil Cover Sheet by Paul J. Hemming, Mirus Gallery, LLC, Zen Compound, LLC . (Camarena, Ignascio) (Filed on 10/26/2021) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superio Court. Their case number is CGC-21-595065. (Filing fee $402 receipt number BCANDC-16547949). Filed byPaul J. Hemming, Zen Compound, LLC, Mirus Gallery, LLC. (Camarena, Ignascio) (Filed on 10/26/2021) |
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