Swartz v. Daves Killer Bread, Inc. et al
| David Swartz |
| Daves Killer Bread, Inc. and Flowers Foods, Inc. |
| 4:2021cv10053 |
| December 29, 2021 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Donna M Ryu |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Request for Judicial Notice re #20 MOTION to Dismiss Plaintiff's Complaint filed byDaves Killer Bread, Inc., Flowers Foods, Inc.. (Attachments: #1 Declaration of Q. Ta, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Proposed Order)(Related document(s) #20 ) (Ta, Quyen) (Filed on 2/25/2022) |
| Filing 20 MOTION to Dismiss Plaintiff's Complaint filed by Daves Killer Bread, Inc., Flowers Foods, Inc.. Motion Hearing set for 5/10/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 3/25/2022. Replies due by 4/15/2022. (Attachments: #1 Proposed Order)(Ta, Quyen) (Filed on 2/25/2022) |
Filing 19
ORDER AS AMENDED BY THE COURT by Judge Yvonne Gonzalez Rogers granting #18 STIPULATION EXTENDING DEADLINES FOR DEFENDANTS' RESPONSES TO COMPLAINT AND SETTING BRIEFING SCHEDULE ON ANY MOTION TO DISMISS. Dispositive Motion due by 2/25/2022. Responses due by 3/25/2022. Replies due by 4/15/2022. Motion Hearing set for 5/10/2022 02:00 PM in Oakland, - Videoconference Only before Judge Yvonne Gonzalez Rogers.(amg, COURT STAFF) (Filed on 1/20/2022)
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| Filing 18 STIPULATION WITH PROPOSED ORDER Extending Deadlines for Defendants' Responses to Complaint and Setting Briefing Schedule on any Motion to Dismiss filed by Daves Killer Bread, Inc., Flowers Foods, Inc.. (Attachments: #1 Declaration of Q. Ta in Support of Stipulation and [Proposed] Order Extending Deadlines)(Ta, Quyen) (Filed on 1/20/2022) |
| Filing 17 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/4/2022. Initial Case Management Conference set for 4/11/2022 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/ygr General Order 58. Pe rsons 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/. Case Management Statement due by 4/4/2022. Initial Case Management Conference set for 4/11/2022 02:00 P M in Oakland, - Videoconference Only. (Attachments: #1 Standing Order) (amg, COURT STAFF) (Filed on 1/20/2022) |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Donna M. Ryu 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 1/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/19/2022)
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| Filing 15 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. (ig, COURT STAFF) (Filed on 1/18/2022) |
| Filing 14 Certificate of Interested Entities by Daves Killer Bread, Inc., Flowers Foods, Inc. identifying Corporate Parent Flowers Bakeries, LLC for Daves Killer Bread, Inc., Flowers Foods, Inc.. and Corporate Disclosure Statement (Fed. R. Civ. P. 7.1) (Ta, Quyen) (Filed on 1/18/2022) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daves Killer Bread, Inc., Flowers Foods, Inc... (Ta, Quyen) (Filed on 1/18/2022) |
| Filing 12 NOTICE of Appearance by Livia M. Kiser (Kiser, Livia) (Filed on 1/18/2022) |
| Filing 11 NOTICE of Appearance by Samuel R. Diamant (Diamant, Samuel) (Filed on 1/18/2022) |
| Filing 10 NOTICE of Appearance by Quyen Le Ta (Ta, Quyen) (Filed on 1/18/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Swartz.. (Safier, Seth) (Filed on 1/3/2022) |
| Filing 8 Civil Cover Sheet by David Swartz . (Safier, Seth) (Filed on 1/1/2022) |
| Notice of Electronic Filing Error re Nature of Suit. Nature of Suit selection 360 used at case opening is incorrect. Counsel to file as separate docket entry Amended Civil Cover Sheet using correct Nature of Suit of 370 re: #1 . #1 Complaint filed by David Swartz (bw, COURT STAFF) (Filed on 12/30/2021) |
| Filing 7 Summons Issued as to Flowers Foods, Inc.. (cv, COURT STAFF) (Filed on 12/29/2021) |
| Filing 6 Summons Issued as to Daves Killer Bread, Inc.. (cv, COURT STAFF) (Filed on 12/29/2021) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/23/2022. Initial Case Management Conference set for 3/30/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cv, COURT STAFF) (Filed on 12/29/2021) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 1/12/2022. (bw, COURT STAFF) (Filed on 12/29/2021) |
| Filing 3 Proposed Summons. (Safier, Seth) (Filed on 12/29/2021) |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 12/29/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-16758131.). Filed byDavid Swartz. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 12/29/2021) |
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