Pratt v. Higgins et al
| David Pratt |
| Robert C. Higgins, Sharon E. Higgins, 3G Green Garden Group, Inc., a Canadian Corporation, Emerald Harvest, Inc., a Canadian Corporation and 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company |
| 4:2022cv04228 |
| July 20, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Alex G Tse |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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Filing 44
AMENDED COMPLAINT [Second] against All Defendants. Filed byDavid Pratt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scott, Ilse) (Filed on 8/7/2023)
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Filing 43
CLERK'S NOTICE. Notice is hereby given that the Telephonic Case Management Conference, previously set for August 22, 2023, is continued to September 12, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement is due by September 5th. The September 12th proceeding will be held by AT&T Conference Line. See Docket No. #42 for dial-in information and instructions.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 8/7/2023)
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Filing 42
ORDER GRANTING IN PART AND DENYING IN PART #22 MOTION TO DISMISS. Amended Pleadings due by 8/7/2023; Case Management Statement due by 8/15/2023; and Initial Case Management Conference set for 8/22/2023 02:00 PM. The 8/22/2023 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.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 7/17/2023. (ndr, COURT STAFF) (Filed on 7/17/2023)
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Filing 41
NOTICE by David Pratt re #22 MOTION to Dismiss Plaintiff's Amended Complaint of Matter under Submission for over 120 Days, and Request for Decision [L.R. 7-13] (Scott, Ilse) (Filed on 5/16/2023)
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Filing 40
Order by Magistrate Judge Alex G. Tse resolving #35 Discovery Letter Brief. (agtlc1, COURT STAFF) (Filed on 1/18/2023)
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Filing 39
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #22 motion to dismiss filings under submission. The case management conference and the hearing previously scheduled for January 19, 2023 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/10/2023)
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Filing 38
CASE REFERRED to Magistrate Judge Alex G. Tse for Discovery (mkl, COURT STAFF) (Filed on 12/22/2022)
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Filing 37
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes Re Docket No. #35 . Signed by Judge Haywood S. Gilliam, Jr. on 12/22/2022. (ndr, COURT STAFF) (Filed on 12/22/2022)
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**Entered in error. Please disregard.** CASE REFERRED to Magistrate Judge Alex G. Tse for Settlement (mkl, COURT STAFF) (Filed on 12/22/2022) Modified on 12/22/2022 (mkl, COURT STAFF).
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Filing 36
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #35 . In the future when filing a joint discovery letter brief, the correct event to use is Discovery Letter Brief located under Motions-General under the Motions and Related Filings category. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/29/2022)
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Filing 35
Joint Discovery Letter Brief from Michael Shklovsky and Matthew Borden re Discovery Dispute. (Attachments: #1 Exhibit Ex. A to Joint Letter re Discovery Dispute, #2 Exhibit Ex. B to Joint Letter re Discovery Dispute, #3 Exhibit Ex. C to Joint Letter re Discovery Dispute 2022 11 11 Meet & Confer Letter re Responses to RFPs, Set One, #4 Exhibit Ex. D Joint letter email RE Pratt v. Higgins et al. Plaintiff's Initial Disclosures)(Shklovsky, Michael) (Filed on 11/29/2022) Modified on 11/29/2022 to correct docket text and add gavel (ndr, COURT STAFF).
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Filing 34
ORDER by Judge Haywood S. Gilliam, Jr. Granting #33 Motion for Pro Hac Vice for Kunselman, Shane. (ndr, COURT STAFF) (Filed on 11/2/2022)
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Filing 33
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17687708.) filed by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. (Attachments: #1 Certificate of Good Standing)(Kunselman, Shane) (Filed on 11/1/2022)
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Filing 32
REPLY (re #22 MOTION to Dismiss Plaintiff's Amended Complaint ) with Appendix A filed by3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. (Borden, Matthew) (Filed on 10/26/2022)
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Filing 31
ORDER GRANTING #30 STIPULATION to Advance Hearing Date on #22 Motion to Dismiss and CMC. Initial Case Management Conference and Motion Hearing set for 1/19/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 10/24/2022. (ndr, COURT STAFF) (Filed on 10/24/2022)
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Filing 30
STIPULATION WITH PROPOSED ORDER to Advance Hearing Date on Motion to Dismiss and CMC filed by David Pratt. (Scott, Ilse) (Filed on 10/21/2022)
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Filing 29
OPPOSITION/RESPONSE (re #22 MOTION to Dismiss Plaintiff's Amended Complaint ) filed byDavid Pratt. (Shklovsky, Michael) (Filed on 10/19/2022)
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Filing 28
CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for October 25, 2022, is continued to February 2, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA to be held along with the hearing on the #22 motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 10/17/2022)
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Filing 27
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Borden, Matthew) (Filed on 10/14/2022)
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Filing 26
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lee, David) (Filed on 10/13/2022)
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Filing 25
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/6/2022)
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Set Hearing as to #22 MOTION to Dismiss Plaintiff's Amended Complaint, See Docket No. #24 : Motion Hearing set for 2/2/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 9/23/2022)
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Filing 24
Renotice motion hearing re #22 MOTION to Dismiss Plaintiff's Amended Complaint filed by3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. (Related document(s) #22 ) (Borden, Matthew) (Filed on 9/23/2022)
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Filing 23
CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #22 motion to dismiss. Hearing date of October 27, 2022, is vacated. The briefing schedule pursuant to docket no. #19 is: Responses due by October 19, 2022 and Replies due by October 26, 2022. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. October 27th was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be e-filed after the motion is re-noticed. And if granted, the Court will advance the hearing date.In the future if there is an order setting a motion briefing schedule, it counsels responsibility to set those deadlines when the motion is e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/22/2022)
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Filing 22
MOTION to Dismiss Plaintiff's Amended Complaint filed by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. Motion Hearing set for 10/27/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/5/2022. Replies due by 10/12/2022. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1, #3 Exhibit 2, #4 Request for Judicial Notice, #5 Proposed Order)(Borden, Matthew) (Filed on 9/21/2022)
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Filing 21
ORDER by Hon. Haywood S. Gilliam, Jr. TERMINATING AS MOOT Dkt. No. #15 the pending motion to dismiss. In light of Dkt. No. #20 Defendants' response to the order to show cause, the Court further DISCHARGES Dkt. No. 17 the order to show cause. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 9/8/2022)
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Filing 20
RESPONSE TO ORDER TO SHOW CAUSE by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins . (Borden, Matthew) (Filed on 9/7/2022)
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Filing 19
ORDER by Judge Haywood S. Gilliam, Jr. Granting #18 Stipulated Request For Order Extending Time For Defendants To Answer Or Otherwise Respond To Amended Complaint. Motions due by 9/21/2022; Responses due by 10/19/2022; and Replies due by 10/26/2022. (ndr, COURT STAFF) (Filed on 9/6/2022)
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Filing 18
STIPULATION WITH PROPOSED ORDER Stipulated Request For Order Extending Time For Defendants To Answer Or Otherwise Respond To Amended Complaint filed by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. (Borden, Matthew) (Filed on 9/2/2022)
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Filing 17
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Defendant TO SHOW CAUSE why Dkt. No. #15 the motion to dismiss should not be terminated as moot in light of Dkt. No. #16 Plaintiff's amended complaint. Defendant shall file a statement of two pages or less by September 7, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 9/2/2022)
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Set Deadline, See Docket No. 17 : Show Cause Response due by 9/7/2022. (ndr, COURT STAFF) (Filed on 9/2/2022)
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Filing 16
AMENDED COMPLAINT for Breach of Fiduciary Duty; Breach of Duty of Good Faith and Fair Dealing; Receiving Improper Distributions; Unjust Enrichment and Restitution; Conversion; Concealment; Accounting; Dissociation; Appointment of Receiver; Violation of Business and Professions Code section 17200; Fradulent Concealment; Violation of Penal Code section 496; Violation of Penal Code section 502; Aiding and Abetting against All Defendants. Filed byDavid Pratt. (Shklovsky, Michael) (Filed on 8/24/2022)
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Filing 15
MOTION to Dismiss filed by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. Motion Hearing set for 9/15/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/24/2022. Replies due by 8/31/2022. (Attachments: #1 Declaration of Borden, #2 Exhibit 1, #3 Exhibit 2, #4 Request for Judicial Notice, #5 Declaration of S. Higgins, #6 Proposed Order)(Borden, Matthew) (Filed on 8/10/2022)
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Filing 14
NOTICE by David Pratt of Proofs of Service of Summons on All Defendants (Shklovsky, Michael) (Filed on 8/5/2022)
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Filing 13
NOTICE of Appearance by Ilse C. Scott (Scott, Ilse) (Filed on 8/2/2022)
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Filing 12
NOTICE of Appearance by David C. Lee (Lee, David) (Filed on 8/2/2022)
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Filing 11
DEMAND for Trial by Jury by David Pratt. (Shklovsky, Michael) (Filed on 8/1/2022)
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Filing 10
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for October 25, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by October 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 4:22-cv-04228-HSG. The October 25th 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 7/28/2022)
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Filing 9
STIPULATION to Extend Time to Answer or Respond to Complaint filed by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins. (Borden, Matthew) (Filed on 7/26/2022)
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Filing 8
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 Sallie Kim no longer assigned to case. Signed by Clerk on 07/26/2022. (mbc, COURT STAFF) (Filed on 7/26/2022)
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Filing 7
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. (mkl, COURT STAFF) (Filed on 7/26/2022)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 3G Green Garden Group, Inc., a Canadian Corporation, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company, Emerald Harvest, Inc., a Canadian Corporation, Robert C. Higgins, Sharon E. Higgins.. (Borden, Matthew) (Filed on 7/26/2022)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/17/2022. Initial Case Management Conference set for 10/24/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdj, COURT STAFF) (Filed on 7/21/2022)
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Filing 4
Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/4/2022. (jlg, COURT STAFF) (Filed on 7/21/2022)
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Filing 3
Rule 7.1 Disclosures by 3G Green Garden Group, Inc., a Canadian Corporation (Borden, Matthew) (Filed on 7/20/2022)
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Filing 2
Rule 7.1 Disclosures by Emerald Harvest, Inc., a Canadian Corporation (Borden, Matthew) (Filed on 7/20/2022)
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Filing 1
NOTICE OF REMOVAL from Sonoma County Superior Court. Their case number is SCV-271011. (Filing fee $402 receipt number ACANDC-17369396). Filed byRobert C. Higgins, Emerald Harvest, Inc., a Canadian Corporation, 3G Green Garden Group, Inc., a Canadian Corporation, Sharon E. Higgins, 3G Green Garden Group, LLC D.B.A. Emerald Harvest, a California Limited Liability Company. (Attachments: #1 Exhibit A to Notice of Removal, #2 Declaration of Robert Higgins, #3 Declaration of Sharon Higgins, #4 Civil Cover Sheet, #5 Certificate/Proof of Service)(Borden, Matthew) (Filed on 7/20/2022)
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