M.A. Silva Corks USA, LLC et al v. M.A. Silva Corticas, Lda. et al
Plaintiff: M.A. Silva Corks USA, LLC and Neil Foster
Defendant: M.A. Silva Corticas, Lda., M.A. Silva Holdings, Inc., Manuel Alves da Silva, Sr., Jos Duarte Tavares da Silva, Cork Partners International Ltd. and Iberian Cork International Ltd.
Case Number: 4:2022cv04345
Filed: July 27, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Referring Judge: Sallie Kim
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2022 Filing 30 CASE MANAGEMENT STATEMENT - Plaintiffs' Case Management Statement; Declaration of Sean B. Kennedy filed by Neil Foster, M.A. Silva Corks USA, LLC. (Attachments: #1 Proposed Order)(Kennedy, Sean) (Filed on 9/20/2022)
September 20, 2022 Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kennedy, Sean) (Filed on 9/20/2022)
September 1, 2022 Opinion or Order Filing 28 ORDER (as modified) GRANTING #26 ADMINISTRATIVE MOTION to Continue Case Management Conference and Related Deadlines.Case Management Statement due by 9/20/2022. Initial Case Management Conference set for 9/27/2022 02:00 PM. The 9/27 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. Signed by Judge Haywood S. Gilliam, Jr. on 9/1/2022. (ndr, COURT STAFF) (Filed on 9/1/2022)
September 1, 2022 Filing 27 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #26 . The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should reflect his first name as Haywood not Hayward. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/1/2022)
August 31, 2022 Filing 26 ADMINISTRATIVE MOTION to Continue Case Management Conference and Related Deadlines re #1 Complaint, [16-22] #25 filed by Neil Foster, M.A. Silva Corks USA, LLC. Responses due by 9/6/2022. (Attachments: #1 Declaration, #2 Proposed Order)(Marsey, Sarah) (Filed on 8/31/2022)
August 26, 2022 Filing 25 NOTICE of Appearance by Sarah Ann Marsey (Marsey, Sarah) (Filed on 8/26/2022)
August 26, 2022 Filing 24 NOTICE of Change In Counsel by Keith P. Carroll (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 23 Summons Issued as to Cork Partners International Ltd., Iberian Cork International Ltd., M.A. Silva Corticas, Lda., M.A. Silva Holdings, Inc., Jos Duarte Tavares da Silva, Manuel Alves da Silva, Sr.. (ark, COURT STAFF) (Filed on 8/26/2022)
August 26, 2022 Filing 22 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 21 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 20 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 19 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 18 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 26, 2022 Filing 17 Proposed Summons. (Carroll, Keith) (Filed on 8/26/2022)
August 12, 2022 Filing 16 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Telephonic Case Management Conference has been set for September 13, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., Case Management Statement due by September 6, 2022. 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-04345-HSG. This proceeding will be held by AT&T Conference Line. 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.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.)(bns, COURT STAFF) (Filed on 8/12/2022)
August 12, 2022 Opinion or Order Filing 15 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 8/12/22. (as, COURT STAFF) (Filed on 8/12/2022)
August 11, 2022 Filing 14 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 8/11/2022)
August 11, 2022 Filing 13 Administrative Motion to File Under Seal - Amended Administrative Motion to File Under Seal Materials in Plaintiffs' Complaint filed by Neil Foster, M.A. Silva Corks USA, LLC. (Attachments: #1 Declaration of Neil Foster in Support of Amended Administrative Motion to File Under Seal, #2 Proposed Order, #3 Redacted Version of Exhibit A, #4 Unredacted Version of Exhibit A)(Nadel, Evan) (Filed on 8/11/2022)
August 11, 2022 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Neil Foster, M.A. Silva Corks USA, LLC.. (Nadel, Evan) (Filed on 8/11/2022)
August 4, 2022 Opinion or Order Filing 11 Order by Magistrate Judge Sallie Kim granting #8 Motion for Pro Hac Vice.(sklc1, COURT STAFF) (Filed on 8/4/2022)
August 4, 2022 Opinion or Order Filing 10 Order by Magistrate Judge Sallie Kim granting #7 Motion for Pro Hac Vice.(sklc1, COURT STAFF) (Filed on 8/4/2022)
August 4, 2022 Opinion or Order Filing 9 ORDER Regarding Motion to Seal. Signed by Judge Sallie Kim on August 4, 2022. (sklc1, COURT STAFF) (Filed on 8/4/2022)
August 3, 2022 Filing 8 MOTION for leave to appear in Pro Hac Vice - Sean B. Kennedy ( Filing fee $ 317, receipt number ACANDC-17409524.) filed by Neil Foster, M.A. Silva Corks USA, LLC. (Kennedy, Sean) (Filed on 8/3/2022)
August 3, 2022 Filing 7 MOTION for leave to appear in Pro Hac Vice - Keith P. Carroll ( Filing fee $ 317, receipt number ACANDC-17409426.) filed by Neil Foster, M.A. Silva Corks USA, LLC. (Carroll, Keith) (Filed on 8/3/2022)
July 28, 2022 Filing 6 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 8/11/2022. (jlg, COURT STAFF) (Filed on 7/28/2022)
July 28, 2022 Filing 5 Civil Cover Sheet by Neil Foster, M.A. Silva Corks USA, LLC . (Nadel, Evan) (Filed on 7/28/2022)
July 28, 2022 #Electronic filing error. Incorrect PDF attached. [err201] Resubmit current Civil Cover Sheet JS-CAND 44 (Rev. 10/2020) from our website www.cand.uscourts.gov. No judge assi gnment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet. Please re-file civil cover sheet in its entirety. Re: #1 Complaint, filed by M.A. Silva Corks USA, LLC, Neil Foster. (jlg, COURT STAFF) (Filed on 7/28/2022)
July 27, 2022 Filing 4 Corporate Disclosure Statement by Neil Foster, M.A. Silva Corks USA, LLC identifying Corporate Parent M.A. Silva Holdings, Inc. for M.A. Silva Corks USA, LLC. (Nadel, Evan) (Filed on 7/27/2022)
July 27, 2022 Filing 3 Certificate of Interested Entities by Neil Foster, M.A. Silva Corks USA, LLC identifying Other Affiliate M.A. Silva Holdings, Inc., Other Affiliate Cork Partners International Ltd., Other Affiliate Iberian Cork International Ltd., Other Affiliate Neil Foster, Other Affiliate M.A. Silva Corticas, Lda., Other Affiliate Manuel Alves da Silva, Sr., Other Affiliate M.A. Silva Corks USA, Other Affiliate Jose Duarte Tavares da Silva for M.A. Silva Corks USA, LLC, Neil Foster. (Nadel, Evan) (Filed on 7/27/2022)
July 27, 2022 Filing 2 Administrative Motion to File Under Seal filed by Neil Foster, M.A. Silva Corks USA, LLC. (Attachments: #1 Declaration of Neil Foster, #2 Proposed Order, #3 Unredacted Version of Complaint for Racketeering)(Nadel, Evan) (Filed on 7/27/2022)
July 27, 2022 Filing 1 COMPLAINT for Racketeering against All Defendants (Filing fee $402, receipt number ACANDC-17389984). Filed by M.A. Silva Corks USA, LLC, Neil Foster. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Nadel, Evan) (Filed on 7/27/2022)

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Search for this case: M.A. Silva Corks USA, LLC et al v. M.A. Silva Corticas, Lda. et al
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Plaintiff: M.A. Silva Corks USA, LLC
Represented By: Evan Nadel
Represented By: Keith P. Carroll
Represented By: Sarah Ann Marsey
Represented By: Sean B Kennedy
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Plaintiff: Neil Foster
Represented By: Evan Nadel
Represented By: Keith P. Carroll
Represented By: Sarah Ann Marsey
Represented By: Sean B Kennedy
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Defendant: M.A. Silva Corticas, Lda.
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Defendant: M.A. Silva Holdings, Inc.
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Defendant: Manuel Alves da Silva, Sr.
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Defendant: Jos Duarte Tavares da Silva
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Defendant: Cork Partners International Ltd.
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Defendant: Iberian Cork International Ltd.
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