Kelly v. Cubesmart et al
| Cynthia Renee Kelly |
| Cubesmart, Cubesmart L.P., Cubesmart Management, LLC, Lewis Brisbois Bisgaard & Smith LLP, Jessica Pliner and Johanna Templeton |
| 4:2022cv05470 |
| September 26, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Donna M Ryu |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 119
First ADMINISTRATIVE MOTION OBJECTION TO Participate, Appeal to United States Supreme Court, Washington, DC re #118 USCA Order, 117 Clerk's Notice,, Plaintiff constitutional rights to proceed to United States Supreme Court, Washington, DC in lieu of the Appeals Court dimiss filed by Cynthia Renee Kelly. Responses due by 10/3/2023. (Attachments: #1 Certificate/Proof of Service Proof of mailing)(Kelly, Cynthia) (Filed on 9/29/2023)
|
|
Filing 117
CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE.Notice is hereby given that a Telephonic Case Management Conference has been set for October 17, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. The dial-in information and instructions remain the same as previously provided in docket no. #97 . Case Management Statement due by October 10th. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/29/2023)
|
|
Filing 118
ORDER of USCA dismissing appeal for lack of jurisdiction as to #108 Notice of Appeal to the Ninth Circuit filed by Cynthia Renee Kelly. (tn, COURT STAFF) (Filed on 9/28/2023)
|
|
Filing 116
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 9/26/2023.Total Time in Court: 3 Minutes. Not Reported. Pro Se Plaintiff : No Appearance. Defendant Attorney: Harold Jones. The case is called at 2:00 p.m. and Ms. Kelly is not on the conference call. The Court advises that another case management conference will be set after the Ninth Circuit issues an order on plaintiffs appeal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 9/26/2023)
|
|
Filing 115
CASE MANAGEMENT STATEMENT filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Jones, Harold) (Filed on 9/19/2023)
|
|
Filing 114
First ADMINISTRATIVE MOTION re Case Management Statement/Hearing - Appeal filed Appeals Court filed by Cynthia Renee Kelly. Responses due by 9/20/2023. (Attachments: #1 Certificate/Proof of Service Proof of mailing)(Kelly, Cynthia) (Filed on 9/16/2023)
|
|
Filing 113
Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Telephonic Pre-Settlement Conference held on 9/14/2023. Total Time in Court: 24 minutes. Court Reporter: Not Reported. Defendant Attorney: Harold Jones, Jackson Lewis P.C., counsel for defendant. Results: The Court sets another telephonic pre-settlement call with defense counsel for September 21, 2023 at 2:00 p.m. via AT&T Telephonic Conference. Mr. Jones is directed to use the same dial-in information.The 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. (bns, COURT STAFF) (Date Filed: 9/14/2023)
|
|
Filing 112
CLERK'S NOTICE SETTING TELEPHONIC PRE-SETTLEMENT CONFERENCE CALL WITH DEFENDANT. Notice is hereby given that the Court sets telephonic pre-settlement call with Defense Counsel for September 14, 2023 at 12:30 p.m. - Telephonic Only before Magistrate Judge Lisa J. Cisneros. Teleconference Line: (877) 336-1831; Access Code: 6668569. The 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 9/8/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 111
Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Telephonic Pre-Settlement Conference held on 9/5/2023.Total Time in Court: 27 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Cynthia Kelly- appearing Pro Se. Results: The Court and plaintiff discussed potential settlement terms.(bns, COURT STAFF) (Date Filed: 9/5/2023)
|
|
Filing 110
USCA Case Number 23-16154 for #108 Notice of Appeal to the Ninth Circuit filed by Cynthia Renee Kelly. (tn, COURT STAFF) (Filed on 9/5/2023)
|
|
Filing 109
CLERK'S NOTICE SETTING TELEPHONIC PRE-SETTLEMENT CONFERENCE CALL WITH PLAINTIFF. Notice is hereby given that the Court sets telephonic pre-settlement call with Pro Se Plaintiff for September 5, 2023 at 10:30 a.m. - Telephonic Only before Magistrate Judge Lisa J. Cisneros. Teleconference Line: (877) 336-1831; Access Code: 6668569. The 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 9/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 108
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Cynthia Renee Kelly. Appeal of Order,,, Terminate Motions,,, Set Deadlines,,, Add and Terminate Parties,, #87 (IFP Request was previously e-filed with the Court). Docket 97 unable to attach with docket because of telephonic conference. (Attachments: #1 Supplement Motion to Proceed in Forma Pauperis)(Kelly, Cynthia) (Filed on 9/5/2023)
|
|
Filing 107
(Attachments: #1 Supplement Motion to Proceed in Forma Pauperis)(Kelly, Cynthia) (Filed on 9/5/2023)
|
|
Filing 106
Emergency MOTION for Leave to Proceed in forma pauperis Appeals Court - Nineth Circuit Submission filed by Cynthia Renee Kelly. (Kelly, Cynthia) (Filed on 9/5/2023)
|
|
Reset Hearing: Telephonic Pre-Settlement Conference set for 9/5/2023 at 03:00 PM in San Francisco, - Telephonic Only before Magistrate Judge Lisa J. Cisneros. (bns, COURT STAFF) (Filed on 9/5/2023)
|
|
Filing 105
Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Telephonic Pre-Settlement Conference held on 8/24/2023.Total Time in Court: 38 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Cynthia Kelly, appearing Pro Se. Defendant Attorney: Harold Jones, Jackson Lewis P.C., counsel for Defendant. Results: The Court and the parties discussed the status of the case and the settlement negotiations process that assigned magistrate judges facilitate. Judge Cisneros initially flagged that a settlement conference could be scheduled for either September or November. Judge Cisneros, however, has determined, and the parties agreed, that further consultation between her and the parties is necessary prior to scheduling the settlement conference. Judge Cisneros will call pro se Plaintiff on September 1, 2023 at 10:30 am, and she will call Mr. Jones on September 14, 2023 at 12:30 pm.(bns, COURT STAFF) (Date Filed: 8/24/2023)
|
|
Filing 104
First ADMINISTRATIVE MOTION to Strike Defendant's #103 Answer to Amended Complaint; Plaintiff's Response and Objection, Dkt. 103 BE STRICKEN, Non-Compliance, federal rules timeframe or courts filed by Cynthia Renee Kelly. Responses due by 8/7/2023. (Attachments: #1 Certificate/Proof of Service Proof of mailing)(Kelly, Cynthia) (Filed on 8/3/2023) Modified on 8/4/2023 (slh, COURT STAFF).
|
|
Filing 103
Answer to Amended Complaint #22 Amended Complaint, byCubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Jones, Harold) (Filed on 8/2/2023)
|
|
Filing 102
ORDER GRANTING #100 MOTION to Substitute Attorney Attorney Lisa Barnett Sween,Harold Ricky Jones,Benjamin Alexander Mains for Cubesmart, Cubesmart L.P., and Cubesmart Management, LLC Added. Attorney Na Rae Kim and Jessica Stuart Pliner Terminated. Signed by Judge Haywood S. Gilliam, Jr. on 7/28/2023. (ndr, COURT STAFF) (Filed on 7/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 101
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #100 . In the future, if your filing requires Court approval it should be filed as a request or motion not a notice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 100
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL by Harold Ricky Jones (Jones, Harold) (Filed on 7/28/2023) Modified on 7/28/2023 to add gavel and edit docket text (ndr, COURT STAFF).
|
|
Filing 99
CLERKS NOTICE SETTING TELEPHONIC PRE-SETTLEMENT CONFERENCE. Notice is hereby given to all parties that Magistrate Judge Lisa J. Cisneros will convene a telephonic pre-settlement conference to discuss timing and preparation for the settlement conference. Judge Cisneros anticipates that the phone call will last approximately 15-30 minutes. Lead Counsel for all parties shall participate. The conference call shall take place on August 24, 2023 at 10:30 a.m. via the AT&T Teleconference Line. Teleconference Line: (877) 336-1831; Access Code: 6668569. If counsel for either side is not available for the above date they must meet and confer with the other side and send an email to Judge Cisneros's CRD, Brittany Sims at ljccrd@cand.uscourts.gov providing a new date(s) to the Court within three business days. The parties are directed to review, in advance of the telephone pre-settlement conference Judge Cisneros's Settlement Standing Order on Judge Cisneros's webpage, by going to https://www.cand.uscourts.gov/wp-content/uploads/judges/cisneros-ljc/LJC-SettlementConferenceStandingOrder.pdfThe 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 7/25/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 98
ADMINISTRATIVE MOTION filed by Cynthia Renee Kelly. Responses due by 7/28/2023. (Attachments: #1 Certificate/Proof of Service Proof of mailing)(Kelly, Cynthia) (Filed on 7/24/2023) Modified on 7/24/2023 to add admin motion to the docket (ndr, COURT STAFF).
|
|
Filing 97
ORDER DENYING PLAINTIFFS ( #88 , #90 , #94 ) MOTIONS.Case Management Statement due by 9/19/2023. Initial Case Management Conference set for 9/26/2023 02:00 PM. The 9/26/2023 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 7/21/2023. (ndr, COURT STAFF) (Filed on 7/21/2023)
|
|
CASE REFERRED to Magistrate Judge Lisa J. Cisneros for Settlement (mkl, COURT STAFF) (Filed on 7/21/2023)
|
|
Filing 96
ORDER REFERRING CASE to Magistrate Judge Cisneros for Settlement. Signed by Judge Haywood S. Gilliam, Jr. on 7/20/2023. (ndr, COURT STAFF) (Filed on 7/20/2023)
|
|
Filing 95
Declaration of Plaintiff Declaration in Support of Compliance, PURSUANT TO 28 U.S.C. 1746 in Support of #94 First ADMINISTRATIVE MOTION OVERTURN AND REPEAL, docket 93 re #76 Order on Motion to Substitute Attorney, #84 Affidavit in Support of Motion, 93 Clerk's Notice, #89 Notice (Other), #88 First ADMINISTRATIVE MOTION Repeal Judges Order Docke, 93 Clerk's Notice, #92 Reply to Opposition/Response, Plaintiff Declaration of Compliance,PURSUANT TO 28 U.S.C. 1746 filed byCynthia Renee Kelly. (Attachments: #1 Exhibit Email Request Valid Mailing Address)(Related document(s) #94 , 93 , #92 ) (Kelly, Cynthia) (Filed on 7/12/2023)
|
|
Filing 94
First ADMINISTRATIVE MOTION OVERTURN AND REPEAL, docket 93 re #76 Order on Motion to Substitute Attorney, #84 Affidavit in Support of Motion, 93 Clerk's Notice, #89 Notice (Other), #88 First ADMINISTRATIVE MOTION Repeal Judges Order Docket 87 re #23 First ADMINISTRATIVE MOTION Opposition to Motion to Dismiss re #7 MOTION to Dismiss , #8 Request for Judicial Notice , #27 MOTION to Dismiss and Motion, #74 MOTION to Substitute Attorney on behalf of Lewis Brisbois Bisgaard & Smith LLP, #91 Opposition/Response to Motion, #83 First MOTION for Recusal, #87 Order,,, Terminate Motions,,, Set Deadlines,,, Add and Terminate Parties,, #80 Order on Motion to Substitute Attorney, #92 Reply to Opposition/Response, #90 First MOTION to Disqualify Counsel Defendant's Legal Counsels PURSUANT TO 18 U.S.C. 1512, #79 Order on Motion to Substitute Attorney, #86 First ADMINISTRATIVE MOTION From Order and Entry Default Judgment (monetary compensation relief corrected) re #79 Order on Motion to Substitute Attorney, #85 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, [7, #85 Order on Motion to Substitute Attorney, #75 Amended ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on, #78 Order on Motion to Substitute Attorney, #81 First MOTION to Alter Judgment Judge Order, 77 thru 80 Granting Defendants Substitution Attorney violating admissible case evidence for Plaintiff, #82 First ADMINISTRATIVE MOTION Judges Order Dockets 76 thru 80 re #79 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, #76 Order on Motion to Substitute Attorney, #80 Order on Motion to Substitute Attorney, [77, #77 Order on Motion to Substitute Attorney, #73 First ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on b Objection of Court or Judge Order, Docket 93 filed by Cynthia Renee Kelly. Responses due by 7/17/2023. (Attachments: #1 Certificate/Proof of Service Proof of mailing (whereabouts unknown of Attorneys))(Kelly, Cynthia) (Filed on 7/11/2023)
|
|
Filing 93
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #90 motion to disqualify defendant's legal counsel for obstruction of justice filings under submission. The hearing previously scheduled for July 20, 2023 at 2:00 p.m. is 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 7/11/2023)
|
|
Filing 92
REPLY (re #90 First MOTION to Disqualify Counsel Defendant's Legal Counsels PURSUANT TO 18 U.S.C. 1512 ) Plaintiff's Memorandum of Points and Authorities in Support of Disqualifying Defendants filed byCynthia Renee Kelly. (Attachments: #1 Errata Exhibit A - Docket Sheet, #2 Certificate/Proof of Service Certificate of Mailing to Defendant's)(Kelly, Cynthia) (Filed on 7/8/2023)
|
|
Filing 91
OPPOSITION/RESPONSE (re #90 First MOTION to Disqualify Counsel Defendant's Legal Counsels PURSUANT TO 18 U.S.C. 1512 ) filed byCubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Pliner, Jessica) (Filed on 6/26/2023)
|
|
Filing 90
First MOTION to Disqualify Counsel Defendant's Legal Counsels PURSUANT TO 18 U.S.C. 1512 filed by Cynthia Renee Kelly. Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/7/2023. Replies due by 7/14/2023. (Attachments: #1 Affidavit Plaintiff Affidavit and declaration, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 6/23/2023)
|
|
Filing 89
NOTICE by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC of Change in Contact Information (Pliner, Jessica) (Filed on 6/22/2023)
|
|
Filing 88
First ADMINISTRATIVE MOTION Repeal Judges Order Docket 87 re #23 First ADMINISTRATIVE MOTION Opposition to Motion to Dismiss re #7 MOTION to Dismiss , #8 Request for Judicial Notice , #27 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint, #52 Order, #38 Reply to Opposition/Response, #69 MOTION to Substitute Attorney on behalf of Defendant CUBESMART L.P., #25 Opposition/Response to Motion, #24 Opposition/Response to Motion, #67 First MOTION for Leave to Appear Objection of Transfer of Case against Defendants CubeSmart et al to San Franciso, Division, #50 Request for Judicial Notice,,, #35 Proposed Order, #63 First MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law, 46 Order,,,, #44 Response to Order to Show Cause, #72 MOTION to Substitute Attorney on behalf of Defendant Johanna Templeton, #76 Order on Motion to Substitute Attorney, #84 Affidavit in Support of Motion, #34 Request for Judicial Notice, #51 Response, 62 Clerk's Notice,, #64 Amended MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law, #74 MOTION to Substitute Attorney on behalf of Lewis Brisbois Bisgaard & Smith LLP, #32 Opposition/Response to Motion, 29 Clerk's Notice,,, #58 Opposition/Response to Motion, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike, 39 Clerk's Notice,,, Set Motion and Deadlines/Hearings,, #54 Response ( Non Motion ), #57 First ADMINISTRATIVE MOTION Defendant's Dkt. #55 and #33, be STRICKEN, Non-Complaint to deadlines re #35 Proposed Order, Terminate Motions, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amen, #70 MOTION to Substitute Attorney on behalf of Defendant CUBESMART MANAGEMENT, LLC, #83 First MOTION for Recusal, #87 Order,,, Terminate Motions,,, Set Deadlines,,, Add and Terminate Parties,, 40 Order,,, #80 Order on Motion to Substitute Attorney, #45 First ADMINISTRATIVE MOTION re #44 Response to Order to Show Cause Plaintiff's Administrative Motion in Opposition [Proposed] Order to Defendants Second Updated Order to Show Cause and Exhibit A, Number 44, To Be Stricken, #43 Statement of Recent Decision, #65 Third MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law, #22 Amended Complaint, #48 Reply to Opposition/Response, #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #60 Opposition/Response to Motion,, #49 Opposition/Response to Motion, #79 Order on Motion to Substitute Attorney, #86 First ADMINISTRATIVE MOTION From Order and Entry Default Judgment (monetary compensation relief corrected) re #79 Order on Motion to Substitute Attorney, #85 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, [7, #42 Statement of Recent Decision, #37 Opposition/Response to Motion, #85 Order on Motion to Substitute Attorney, #75 Amended ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on, #66 Notice of Appearance, #78 Order on Motion to Substitute Attorney, #16 MOTION for Leave to Proceed in forma pauperis, Terminate Motions, #56 First MOTION to Strike #35 Proposed Order, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike, #55 R, #30 Order, Terminate Deadlines, Set Motion and Deadlines/Hearings, #81 First MOTION to Alter Judgment Judge Order, 77 thru 80 Granting Defendants Substitution Attorney violating admissible case evidence for Plaintiff, #82 First ADMINISTRATIVE MOTION Judges Order Dockets 76 thru 80 re #79 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, #76 Order on Motion to Substitute Attorney, #80 Order on Motion to Substitute Attorney, [77, Set Motion and Deadlines/Hearings, #68 MOTION to Substitute Attorney on behalf of Jessica Pliner Specially Appearing, #28 Request for Judicial Notice, #47 Statement of Recent Decision, #21 Second MOTION for Default Judgment by the Clerk as to Plaintiff's Motion to Enter Default Judgment against Defendant's no "Answer" to Summons and Complaint by responsive pleading, 31 Order on Motion to Dismiss, #59 Certificate of Service,, #61 First MOTION to Intervene Plaintiff-Intervenor, #26 First MOTION to Produce Compelling Documents, PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 45 (c), (d), (e), and (g), 36 Clerk's Notice,, Terminate Motions, #77 Order on Motion to Substitute Attorney, Terminate Deadlines, Set/Reset Deadlines, #73 First ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on b, #41 Case Management Statement Objection and Appeal Judge Gilliam Order, Dkt. 87, To Repeal, Order is with Prejudice filed by Cynthia Renee Kelly. Responses due by 6/26/2023. (Attachments: #1 Exhibit Exhibit A, USPS Tracking, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 6/21/2023)
|
|
Filing 87
ORDER GRANTING #33 MOTION TO STRIKE, GRANTING IN PART AND DENYING IN PART #27 MOTION TO DISMISS, AND DENYING ( #16 , #18 , #19 , #21 , #26 , #45 , #57 , #61 , #73 , #75 , #81 , #82 , #83 , #86 ) MISCELLANEOUS MOTIONS. Johanna Templeton, Lewis Brisbois Bisgaard & Smith LLP (Specially Appearing Defendant) and Jessica Pliner (Specially Appearing Defendant) Terminated. Amended Pleadings due by 7/19/2023. Signed by Judge Haywood S. Gilliam, Jr. on 6/21/2023. (ndr, COURT STAFF) (Filed on 6/21/2023) Modified on 6/21/2023 to remove POS info (ndr, COURT STAFF).
|
|
Filing 86
First ADMINISTRATIVE MOTION From Order and Entry Default Judgment (monetary compensation relief corrected) re #79 Order on Motion to Substitute Attorney, #85 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, #76 Order on Motion to Substitute Attorney, #21 Second MOTION for Default Judgment by the Clerk as to Plaintiff's Motion to Enter Default Judgment against Defendant's no "Answer" to Summons and Complaint by responsive pleading, #80 Order on Motion to Substitute Attorney, #77 Order on Motion to Substitute Attorney Motion For Relief From Judgment and Order, Fed Rules Civil Procedure, Rule 60(b)(1)(2)(3)(6)(c)(1)(2) filed by Cynthia Renee Kelly. Responses due by 6/19/2023. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 6/13/2023)
|
|
Filing 85
ORDER by Judge Haywood S. Gilliam, Jr. Granting #74 Proposed Consent Order Granting Substitution of Attorney. (ndr, COURT STAFF) (Filed on 6/12/2023)
|
|
Filing 84
AFFIDAVIT in Support re #83 First MOTION for Recusal filed by Cynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Related document(s) #83 ) (Kelly, Cynthia) (Filed on 6/4/2023)
|
|
Filing 83
First MOTION for Recusal MOTION OF RESUCE, JUDGE HAYWOOD GILLIAM filed by Cynthia Renee Kelly. Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/19/2023. Replies due by 6/26/2023. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 6/3/2023)
|
|
Filing 82
First ADMINISTRATIVE MOTION Judges Order Dockets 76 thru 80 re #79 Order on Motion to Substitute Attorney, #78 Order on Motion to Substitute Attorney, #76 Order on Motion to Substitute Attorney, #80 Order on Motion to Substitute Attorney, #77 Order on Motion to Substitute Attorney Motion of Objection to Judges Order Dockets #76 thru #80 filed by Cynthia Renee Kelly. Responses due by 6/5/2023. (Attachments: #1 Exhibit Endorsed Summons and Complaint Receipt, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 6/1/2023)
|
|
Filing 81
First MOTION to Alter Judgment Judge Order, 77 thru 80 Granting Defendants Substitution Attorney violating admissible case evidence for Plaintiff filed by Cynthia Renee Kelly. Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/15/2023. Replies due by 6/22/2023. (Attachments: #1 Exhibit Endorsed Summons and Complaint Receipt, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 6/1/2023)
|
|
Filing 80
ORDER by Judge Haywood S. Gilliam, Jr. Granting #72 Proposed CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY on behalf of Defendant Johanna Templeton.(ndr, COURT STAFF) (Filed on 6/1/2023)
|
|
Filing 79
ORDER by Judge Haywood S. Gilliam, Jr. Granting #71 Proposed CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY on behalf of Defendant CUBESMART. Attorney Johanna C. Templeton Terminated. (ndr, COURT STAFF) (Filed on 6/1/2023)
|
|
Filing 78
ORDER by Judge Haywood S. Gilliam, Jr. Granting #70 Proposed CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY on behalf of Defendant CUBESMART MANAGEMENT, LLC. Attorney Johanna C. Templeton Terminated. (ndr, COURT STAFF) (Filed on 6/1/2023)
|
|
Filing 77
ORDER by Judge Haywood S. Gilliam, Jr. Granting #69 Proposed CONSENT ORDER GRANTINGSUBSTITUTION OF ATTORNEY on behalf of Defendant CUBESMART L.P. Attorney Johanna C. Templeton Terminated. (ndr, COURT STAFF) (Filed on 6/1/2023)
|
|
Filing 76
ORDER by Judge Haywood S. Gilliam, Jr. Granting #68 Proposed CONSENT ORDER GRANTINGSUBSTITUTION OF ATTORNEY on behalf of Jessica Pliner Specially Appearing.(ndr, COURT STAFF) (Filed on 6/1/2023)
|
|
Filing 75
Amended ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on behalf of Defendant CUBESMART L.P., #72 MOTION to Substitute Attorney on behalf of Defendant Johanna Templeton, #74 MOTION to Substitute Attorney on behalf of Lewis Brisbois Bisgaard & Smith LLP, #68 MOTION to Substitute Attorney on behalf of Jessica Pliner Specially Appearing, #70 MOTION to Substitute Attorney on behalf of Defendant CUBESMART MANAGEMENT, LLC Updated with Dkt #74 file after Plaintiff, Dkt. #73 filing of 06/01/2023 filed by Cynthia Renee Kelly. Responses due by 6/5/2023. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 6/1/2023)
|
|
Filing 74
MOTION to Substitute Attorney on behalf of Lewis Brisbois Bisgaard & Smith LLP filed by Lewis Brisbois Bisgaard & Smith LLP. (Pliner, Jessica) (Filed on 6/1/2023)
|
|
Filing 73
First ADMINISTRATIVE MOTION stay of proceedings with original parties and opposition to order granting substitute attorney re #71 MOTION to Substitute Attorney on behalf of Defendant CUBESMART, #69 MOTION to Substitute Attorney on behalf of Defendant CUBESMART L.P., #72 MOTION to Substitute Attorney on behalf of Defendant Johanna Templeton, #68 MOTION to Substitute Attorney on behalf of Jessica Pliner Specially Appearing, #70 MOTION to Substitute Attorney on behalf of Defendant CUBESMART MANAGEMENT, LLC opposition of filings, did not confer with Plaintiff filed by Cynthia Renee Kelly. Responses due by 6/5/2023. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 6/1/2023)
|
|
Filing 72
MOTION to Substitute Attorney on behalf of Defendant Johanna Templeton filed by Johanna Templeton. (Pliner, Jessica) (Filed on 5/31/2023)
|
|
Filing 71
MOTION to Substitute Attorney on behalf of Defendant CUBESMART filed by Cubesmart. (Pliner, Jessica) (Filed on 5/31/2023)
|
|
Filing 70
MOTION to Substitute Attorney on behalf of Defendant CUBESMART MANAGEMENT, LLC filed by Cubesmart Management, LLC. (Pliner, Jessica) (Filed on 5/31/2023)
|
|
Filing 69
MOTION to Substitute Attorney on behalf of Defendant CUBESMART L.P. filed by Cubesmart L.P.. (Pliner, Jessica) (Filed on 5/31/2023)
|
|
Filing 68
MOTION to Substitute Attorney on behalf of Jessica Pliner Specially Appearing filed by Jessica Pliner. (Pliner, Jessica) (Filed on 5/31/2023)
|
|
Filing 67
PLAINTIFFS OBJECTION RESPONSE TO DEFENDANTS DKT. #66 filed by Cynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 5/31/2023) Modified on 6/1/2023 to correct docket text and remove gavel. Misfiled as a motion (ndr, COURT STAFF).
|
|
Filing 66
NOTICE of Appearance by Na Rae Kim for Defendants CUBESMART L.P., CUBESMART MANAGEMENT, LLC, and CUBESMART (Kim, Na Rae) (Filed on 5/30/2023)
|
|
***Docket Nos. #63 , #64 , #65 MOTIONS for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law Terminated. Pro Se plaintiff was directed to notice the motion not e-file motions asking the Court to set the date. Hearing Date is set pursuant to docket no. #65 .*** (ndr, COURT STAFF) (Filed on 5/30/2023)
|
|
Set Hearing as to #61 First MOTION to Intervene Plaintiff-Intervenor, See Docket No. #65 : Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 5/26/2023)
|
|
Filing 65
Third MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law filed by Cynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 5/26/2023)
|
|
Filing 64
Amended MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law filed by Cynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 5/26/2023)
|
|
Filing 63
First MOTION for Hearing re #61 First MOTION to Intervene Plaintiff-Intervenor Case Actions as matter of Law filed by Cynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 5/25/2023)
|
|
Filing 62
CLERK'S NOTICE RE DOCKET NO. #61 . Notice is hereby given that the pro-se plaintiff must notice the motion for hearing. The May 25th hearing date set at the time of filing is vacated. The briefing schedule remains in effect. The motion should not be re-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/25/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 61
First MOTION to Intervene Plaintiff-Intervenor filed by Cynthia Renee Kelly. Motion Hearing set for 5/25/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/7/2023. Replies due by 6/14/2023. (Attachments: #1 Supplement Memorandum of Points, #2 Proposed Order Proposed Order Granting Motion, #3 Exhibit Exhibit A - Email to Defendants, #4 Certificate/Proof of Service Certificate of Mailing)(Kelly, Cynthia) (Filed on 5/24/2023)
|
|
Filing 60
OPPOSITION/RESPONSE (re #57 First ADMINISTRATIVE MOTION Defendant's Dkt. #55 and #33, be STRICKEN, Non-Complaint to deadlines re #35 Proposed Order, Terminate Motions, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amen ) (Opposition to Docket 59 Administrative Motion) filed byCubesmart, Cubesmart L.P., Cubesmart Management, LLC, Lewis Brisbois Bisgaard & Smith LLP, Jessica Pliner, Johanna Templeton. (Pliner, Jessica) (Filed on 2/24/2023)
|
|
Filing 59
CERTIFICATE OF SERVICE by Cynthia Renee Kelly re #57 First ADMINISTRATIVE MOTION Defendant's Dkt. #55 and #33, be STRICKEN, Non-Complaint to deadlines re #35 Proposed Order, Terminate Motions, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amen Amended Certificate of Service (Attachments: #1 Certificate/Proof of Service Certificate of Mailing, #2 Certificate/Proof of Service Updated 2.20.2023, #3 Certificate/Proof of Service PDF USPS Mail Drop Box)(Kelly, Cynthia) (Filed on 2/21/2023)
|
|
Filing 58
OPPOSITION/RESPONSE (re #57 First ADMINISTRATIVE MOTION Defendant's Dkt. #55 and #33, be STRICKEN, Non-Complaint to deadlines re #35 Proposed Order, Terminate Motions, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amen ) filed byLewis Brisbois Bisgaard & Smith LLP. (Kim, Na Rae) (Filed on 2/14/2023)
|
|
Filing 57
First ADMINISTRATIVE MOTION Defendant's Dkt. #55 and #33, be STRICKEN, Non-Complaint to deadlines re #35 Proposed Order, Terminate Motions, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike, #55 Reply to Opposition/Response, Plaintiff's Administrative Motion in Opposition [Proposed] Order to Defendants #55 and #33, To Be Stricken filed by Cynthia Renee Kelly. Responses due by 2/14/2023. (Attachments: #1 Certificate/Proof of Service Certificate/Proof of Service)(Kelly, Cynthia) (Filed on 2/10/2023)
|
|
*** #56 First MOTION to Strike #35 Proposed Order, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike, #55 Terminated. This filing is an objection, misfiled as a motion. *** (ndr, COURT STAFF) (Filed on 2/10/2023)
|
|
Filing 56
First MOTION to Strike #35 Proposed Order, #34 Request for Judicial Notice, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike, #55 Reply to Opposition/Response, Defendant's Reply to #33 filed by Cynthia Renee Kelly. Responses due by 2/23/2023. Replies due by 2/16/2023. (Attachments: #1 Certificate/Proof of Service Certificate/Proof of Service)(Kelly, Cynthia) (Filed on 2/9/2023)
|
|
Filing 55
REPLY (re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike ) filed byLewis Brisbois Bisgaard & Smith LLP. (Kim, Na Rae) (Filed on 2/9/2023)
|
|
Filing 54
RESPONSE re 46 Order by Cubesmart. (Attachments: #1 Declaration Of Na Rae Kim In Support of Report on Defendants' Meet and Confer Efforts on Selecting ADR Process, #2 Exhibit A to Declaration of Na Rae Kim In Support of Report on Defendants' Meet and Confer Efforts on Selecting ADR Process)(Kim, Na Rae) (Filed on 2/2/2023)
|
|
Filing 53
Response re #52 Order, 46 Order, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike Plaintiff's Objection to Judge Order Dkt. 52, Dkt. 46 byCynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Certificate/Proof of Service)(Kelly, Cynthia) (Filed on 1/27/2023)
|
|
Filing 52
ORDER DENYING PLAINTIFFS #51 REQUEST TO REASSIGN CASE. Signed by Judge Haywood S. Gilliam, Jr. on 1/27/2023. (ndr, COURT STAFF) (Filed on 1/27/2023)
|
|
Filing 51
Response re 46 Order, Terminate Deadlines, Set Motion and Deadlines/Hearings Plaintiff's Objection to Judge Order Dkt. #46 byCynthia Renee Kelly. (Attachments: #1 Certificate/Proof of Service Certificate/Proof of Service)(Kelly, Cynthia) (Filed on 1/25/2023)
|
|
Filing 50
Request for Judicial Notice re #45 First ADMINISTRATIVE MOTION re #44 Response to Order to Show Cause Plaintiff's Administrative Motion in Opposition [Proposed] Order to Defendants Second Updated Order to Show Cause and Exhibit A, Number 44, To Be Stricken, #43 Statement of Recent Decision, #42 Statement of Recent Decision, #37 Opposition/Response to Motion, Judicial Support In Support of Federal Rule of Evidence 201 filed byCynthia Renee Kelly. (Attachments: #1 Exhibit A, Endorsed Filing Superior Court, Summons and Commplaint, #2 Exhibit B, USPS Tracking and Certified Return Receipt, #3 Exhibit C, Appeal to California State Bar Against Attorney Pliner, #4 Exhibit D, Fraud Investigation Claim Against CubeSmart, Josh Branum, #5 Certificate/Proof of Service)(Related document(s) #45 , #43 , #42 , #37 ) (Kelly, Cynthia) (Filed on 1/23/2023)
|
|
Filing 49
OPPOSITION/RESPONSE (re #45 First ADMINISTRATIVE MOTION re #44 Response to Order to Show Cause Plaintiff's Administrative Motion in Opposition [Proposed] Order to Defendants Second Updated Order to Show Cause and Exhibit A, Number 44, To Be Stricken ) filed byCubesmart, Cubesmart L.P., Cubesmart Management, LLC, Lewis Brisbois Bisgaard & Smith LLP, Jessica Pliner, Johanna Templeton. (Pliner, Jessica) (Filed on 1/23/2023)
|
|
Filing 48
REPLY (re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike ) Plaintiff's Objection to Respond to Defendant's DKT. 33, under U.S.C. Title 28, Rule 46 filed byCynthia Renee Kelly. (Attachments: #1 Exhibit Order Prohibiting, 11/10/2022, #2 Certificate/Proof of Service Certificate/Proof of Service)(Kelly, Cynthia) (Filed on 1/23/2023)
|
|
Filing 47
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Certificate of Mailing to Defendants filed byCynthia Renee Kelly. (Related document(s) #42 , #43 ) (Kelly, Cynthia) (Filed on 1/20/2023)
|
|
Filing 46
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to meet and confer and to file by February 2, 2023, the standard ADR form, Stipulation and Proposed Order Selecting ADR Process. The Court further clarifies that Dkt. No. #30 the Order Prohibiting Further Filings does not prevent the parties from filing a stipulation and proposed order on ADR, nor does it prevent Plaintiff from responding to the second Motion to Dismiss at Dkt. No. #33 . Plaintiff may file an opposition by February 2, 2023, with the reply due on February 9, 2023. The Court VACATES the hearing previously scheduled for February 9, 2023 at 2:00 p.m. Unless otherwise ordered, the motion to dismiss at Dkt. No. #33 will be deemed submitted on the papers once the documents are e-filed on the docket. The motion to dismiss at Dkt. No. #27 is taken under submission. 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.) (hsglc3, COURT STAFF) (Filed on 1/19/2023)
|
|
Vacate Hearing and Reset Deadlines as to #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, See Docket No. 46 : Responses due by 2/2/2023 and Replies due by 2/9/2023. (ndr, COURT STAFF) (Filed on 1/19/2023)
|
|
Filing 45
First ADMINISTRATIVE MOTION re #44 Response to Order to Show Cause Plaintiff's Administrative Motion in Opposition [Proposed] Order to Defendants Second Updated Order to Show Cause and Exhibit A, Number 44, To Be Stricken filed by Cynthia Renee Kelly. Responses due by 1/19/2023. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 1/18/2023)
|
|
Filing 44
RESPONSE TO ORDER TO SHOW CAUSE by Cubesmart . (Attachments: #1 Exhibit A to Defendants' Response to Court's Order to Show Cause Regarding Subject Matter Jurisdiction)(Kim, Na Rae) (Filed on 1/18/2023)
|
|
Filing 43
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Plaintiff's Objection to Judges Order To Show Cause, U.S.C. Title 28, Rule 46 filed byCynthia Renee Kelly. (Related document(s)[]) (Kelly, Cynthia) (Filed on 1/11/2023)
|
|
Filing 42
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Plaintiff's Objection to Judges Order To Show Cause, U.S.C. Title 28, Rule 46 filed byCynthia Renee Kelly. (Related document(s) 40 ) (Kelly, Cynthia) (Filed on 1/11/2023)
|
|
Filing 41
CASE MANAGEMENT STATEMENT filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Pliner, Jessica) (Filed on 1/5/2023)
|
|
Filing 40
ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the case management conference and hearings previously scheduled for January 12, 2023. The Court DIRECTS the parties TO SHOW CAUSE why the case should not be remanded to state court for lack of subject matter jurisdiction based on the amount-in-controversy. Plaintiff's contract with Defendant appears to limit liability to $5,000, and regardless, Plaintiff has alleged that her property was worth $15,000. The parties shall submit separate statements of four pages or less by January 19, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 1/5/2023) Modified on 1/5/2023 to reflect that all hearings and the CMC on 1/12 are vacated. (hsglc3, COURT STAFF).
|
|
***Case Management Conference and Motion Hearings Terminated. Set Deadline: Show Cause Response due by 1/19/2023. See Docket No. 40 . *** (ndr, COURT STAFF) (Filed on 1/5/2023)
|
|
Filing 39
CLERK'S NOTICE. Notice is hereby given that the case management conference and the hearings on the #18 motion for default judgment-by the Court and the #26 motion to produce, previously set for January 12, 2023 will be held on that date before Judge Haywood S. Gilliam, Jr., at 10:00 a.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/4/2023)
|
|
Filing 38
REPLY to Opposition (re #27 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint) filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Pliner, Jessica) (Filed on 11/28/2022)
|
|
Filing 37
OPPOSITION/RESPONSE (re #27 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint ) Against Defendants CubeSmart et al filed byCynthia Renee Kelly. (Attachments: #1 Exhibit Exhibit A thru H, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 11/17/2022)
|
|
Filing 36
CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #33 AND #35 . In the future when filing a motion, please be sure that the supporting documents (declarations, exhibits, and proposed order) are e-filed as attachments to the motion filing and not e-filed as separate filings on the docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/17/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 35
[Proposed] Order Granting re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike by Lewis Brisbois Bisgaard & Smith LLP, Jessica Pliner, Johanna Templeton. (Pliner, Jessica) (Filed on 11/16/2022)
|
|
Filing 34
Request for Judicial Notice re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike filed byLewis Brisbois Bisgaard & Smith LLP, Jessica Pliner, Johanna Templeton. (Attachments: #1 Exhibit 1 to RJN inso Specially Appearing Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint)(Related document(s) #33 ) (Pliner, Jessica) (Filed on 11/16/2022)
|
|
Filing 33
MOTION to Dismiss Plaintiff's Second Amended Complaint as to LBBS Defendants, Pursuant to 12(b)(4), 12(b)(5) and 12(b)(6) and Motion to Strike filed by Lewis Brisbois Bisgaard & Smith LLP, Jessica Pliner, Johanna Templeton. Motion Hearing set for 2/9/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/30/2022. Replies due by 12/7/2022. (Attachments: #1 Declaration of Jessica Pliner in Support of Specially Appearing Defendants' Motion to Dismiss, #2 Declaration of Johanna Templeton in Support of Specially Appearing Defendants' Motion to Dismiss)(Pliner, Jessica) (Filed on 11/16/2022)
|
|
Filing 32
OPPOSITION/RESPONSE (re #26 First MOTION to Produce Compelling Documents, PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 45 (c), (d), (e), and (g) ) filed byCubesmart. (Kim, Na Rae) (Filed on 11/14/2022)
|
|
Filing 31
ORDER by Hon. Haywood S. Gilliam, Jr. FINDING AS MOOT Dkt. No. #7 motion to dismiss in light of Dkt. No. #17 Plaintiff's amended complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 11/11/2022)
|
|
Filing 30
ORDER PROHIBITING FURTHER FILINGS UNTIL AN ORDER ON THE MOTION TO DISMISS ISSUES. Signed by Judge Haywood S. Gilliam, Jr. on 11/10/2022. (ndr, COURT STAFF) (Filed on 11/10/2022)
|
|
Filing 29
CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #27 motion to dismiss. Hearing date of February 23, 2023 is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. February 23rd was not the Court's next available hearing date when this motion was 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 11/10/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 28
Request for Judicial Notice re #27 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Attachments: #1 Exhibit 1 to RJN inso MTD, #2 Exhibit 2 to RJN inso MTD)(Related document(s) #27 ) (Pliner, Jessica) (Filed on 11/9/2022) Modified on 11/10/2022 (kmg, COURT STAFF).
|
|
Filing 27
MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint filed by Cubesmart, Cubesmart L.P.. Motion Hearing set for 2/23/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/23/2022. Replies due by 11/30/2022. (Attachments: #1 Proposed Order Granting Cubesmart's Motion to Dismiss and Motion to Strike)(Pliner, Jessica) (Filed on 11/9/2022)
|
|
Filing 26
First MOTION to Produce Compelling Documents, PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 45 (c), (d), (e), and (g) filed by Cynthia Renee Kelly. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/14/2022. Replies due by 11/21/2022. (Attachments: #1 Proposed Order Subpoena to Compel Production of Documents, #2 Exhibit Exhibit A, Email Communication, Pg. 33-38; Pg. 8-10, #3 Exhibit Defendants Exhibit 1, #4 Exhibit Exhibit B and C, Email Communication, 10/30/2022, #5 Certificate/Proof of Service Certificate of Mailing)(Kelly, Cynthia) (Filed on 10/31/2022)
|
|
Filing 25
OPPOSITION/RESPONSE (re #7 MOTION to Dismiss ) - AMENDED OPPOSITION TO MOTION TO DISMISS AND STRIKE against Defendant's filed by Cynthia Renee Kelly. (Attachments: #1 Exhibit Exhibits A thru E, #2 Certificate/Proof of Service Certificate of Service Defendants)(Kelly, Cynthia) (Filed on 10/27/2022)
|
|
Filing 24
OPPOSITION/RESPONSE (re #7 MOTION to Dismiss ) and Strike by Defendant's filed byCynthia Renee Kelly. (Attachments: #1 Exhibit Exhibit A thru E, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 10/26/2022)
|
|
Filing 23
Opposition to Motion to Dismiss re #7 MOTION to Dismiss , #8 Request for Judicial Notice filed by Cynthia Renee Kelly. Responses due by 10/27/2022. (Attachments: #1 Exhibit Exhibits A thru E, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 10/26/2022) Modified on 10/27/2022 to edit docket text and terminate gavel (ndr, COURT STAFF).
|
|
Filing 22
Second Amendment to Complaint Request filed by Cynthia Renee Kelly. (Attachments: #1 Supplement 2nd Amended Complaint Request, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 10/24/2022) Modified on 10/25/2022 (slh, COURT STAFF).
|
|
Filing 21
Second MOTION for Default Judgment by the Clerk as to Plaintiff's Motion to Enter Default Judgment against Defendant's no "Answer" to Summons and Complaint by responsive pleading filed by Cynthia Renee Kelly. (Attachments: #1 Exhibit Email Communication and Statement of Communication Defendants, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 10/14/2022)
|
|
Filing 20
CLERK'S NOTICE re #18 First MOTION for Default Judgment by the Court. A request for entry of default by the Clerk has not been made in this case prior to seeking entry of default judgment (see Rule 55(a) of the Federal Rules of Civil Procedure). Any request for entry of default by the Clerk that may be contained in the motion at docket #18 is DECLINED. The defendant has 14 days after service of the amended pleading to respond (see Rule 15(a)(3) of the Federal Rules of Civil Procedure). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 10/14/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 19
First MOTION for Leave to Appeal in forma pauperis filed by Cynthia Renee Kelly. (Kelly, Cynthia) (Filed on 10/13/2022)
|
|
Filing 18
First MOTION for Default Judgment by the Court as to Plaintiff's Motion to Enter Default Judgment against Defendant's no "Answer" to Summons and Complaint by responsive pleading filed by Cynthia Renee Kelly. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/27/2022. Replies due by 11/3/2022. (Attachments: #1 Exhibit Email Communication and Statement of Communication Defendants, #2 Certificate/Proof of Service Proof of Service - Mail to Defendants)(Kelly, Cynthia) (Filed on 10/13/2022)
|
|
Filing 17
AMENDED COMPLAINT Kelly vs. CubeSmart et al. against Defendants against Cynthia Renee Kelly. Filed byCynthia Renee Kelly. (Attachments: #1 Supplement Endorsed Amendment to Complaint file Alameda County Superior Court, #2 Supplement Amendment to Complaint Endorsed - Alameda County Superior Court, #3 Certificate/Proof of Service Certificate of Service Defendants)(Kelly, Cynthia) (Filed on 10/13/2022)
|
|
#Electronic filing error re: #16 Bill of Costs filed by Cynthia Renee Kelly. Please re-file in its entirety using Civil Events > Motions and Related Filings > Motions - Ge neral > Proceed In Forma Pauperis (slh, COURT STAFF) (Filed on 10/13/2022)
|
|
Filing 16
MOTION for Leave to Proceed in forma pauperis by Cynthia Renee Kelly. (Kelly, Cynthia) (Filed on 10/12/2022) Modified on 10/27/2022 (kc, COURT STAFF).
|
|
Filing 15
ORDER GRANTING #13 ADMINISTRATIVE MOTION TO CHANGE DEADLINE. RESET DEADLINE RE #7 MOTION to Dismiss : Responses due by 10/27/2022 and Replies due by 11/3/2022.Signed by Judge Haywood S. Gilliam, Jr. on 10/11/2022. (ndr, COURT STAFF) (Filed on 10/11/2022)
|
|
Filing 14
OPPOSITION/RESPONSE (re #13 ADMINISTRATIVE MOTION Deadline extension to filing Memorandum In Support of Opposition to Motion re #11 Renotice motion hearing, #7 MOTION to Dismiss , Set Motion and Deadlines/Hearings ) filed byCubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Pliner, Jessica) (Filed on 10/10/2022)
|
|
Filing 13
ADMINISTRATIVE MOTION to Change Deadline for filing Memorandum In Support of Opposition to Defendants Motion to Dismiss and Strike, Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f) re #11 Renotice motion hearing, #7 MOTION to Dismiss - Set Motion and Deadlines/Hearings filed by Cynthia Renee Kelly. Responses due by 10/11/2022. (Attachments: #1 Certificate/Proof of Service Cert.to Defendants)(Kelly, Cynthia) (Filed on 10/7/2022)
|
|
Filing 12
CLERK'S NOTICE. Reset Hearings as to #7 MOTION to Dismiss : Initial Case Management Conference/ Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 10/5/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Reset Hearing as to #7 MOTION to Dismiss, See Docket No. #11 : Motion Hearing set for 11/17/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 9/28/2022)
|
|
Filing 11
Renotice of Motion Hearing re #7 MOTION to Dismiss For November 17, 2022 at 2:00 p.m. Ctrm 2 filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Related document(s) #7 ) (Pliner, Jessica) (Filed on 9/28/2022)
|
|
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 January 10, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by January 3rd. 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-05470-HSG. The January 10th 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 9/27/2022)
|
|
Filing 9
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 Donna M. Ryu no longer assigned to case. Signed by The Clerk on 09/27/2022. (jrs, COURT STAFF) (Filed on 9/27/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 8
Request for Judicial Notice re #7 MOTION to Dismiss filed byCubesmart, Cubesmart L.P., Cubesmart Management, LLC. (Attachments: #1 Exhibit 1)(Related document(s) #7 ) (Pliner, Jessica) (Filed on 9/26/2022)
|
|
Filing 7
MOTION to Dismiss filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC. Motion Hearing set for 11/10/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 10/11/2022. Replies due by 10/18/2022. (Pliner, Jessica) (Filed on 9/26/2022)
|
|
Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/28/2022. Initial Case Management Conference set for 1/4/2023 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (tn, COURT STAFF) (Filed on 9/26/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 5
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 9/26/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing 4
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC.. (Pliner, Jessica) (Filed on 9/26/2022)
|
|
Filing 3
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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/11/2022. (ark, COURT STAFF) (Filed on 9/26/2022)
|
|
Filing 2
Certificate of Interested Parties filed by Cubesmart, Cubesmart L.P., Cubesmart Management, LLC re #1 Notice of Removal (Pliner, Jessica) (Filed on 9/26/2022)
|
|
Filing 1
NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. 1332(A) AND 1441(B) [DIVERSITY] by Defendants from Alameda County Superior Court. Their case number is 22CV015410, (Filing Fee: $402.00, receipt number ACANDC-17566789). Filed by Cubesmart, Cubesmart Management, LLC, Cubesmart L.P.. (Attachments: #1 Declaration of Jessica Pliner in Support of Defendants' Notice of Removal, #2 Exhibit Exhibit A in of Declaration of Jessica Pliner, #3 Exhibit Exhibit B in of Declaration of Jessica Pliner, #4 Exhibit Exhibit C in of Declaration of Jessica Pliner, #5 Exhibit Exhibit C1 in of Declaration of Jessica Pliner, #6 Exhibit Exhibit C2 in of Declaration of Jessica Pliner, #7 Exhibit Exhibit C3 in of Declaration of Jessica Pliner, #8 Exhibit Exhibit C4 in of Declaration of Jessica Pliner, #9 Exhibit Exhibit C5 in of Declaration of Jessica Pliner, #10 Exhibit Exhibit C6 in of Declaration of Jessica Pliner, #11 Exhibit Exhibit C7 in of Declaration of Jessica Pliner, #12 Exhibit Exhibit D in of Declaration of Jessica Pliner, #13 Exhibit Exhibit E in of Declaration of Jessica Pliner, #14 Exhibit Exhibit F in of Declaration of Jessica Pliner, #15 Notice to Adverse Party of Removal, #16 Civil Cover Sheet Defendants' Civil Case Cover Sheet)(Pliner, Jessica) (Filed on 9/26/2022) Modified on 9/26/2022 (tn, COURT STAFF).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
