Turner v. Microsoft Corporation, et al
| Dana Turner, Daniel Smith and Aaron Youshei |
| JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Microsoft Corporation and Nuance Communications, Inc. |
| 4:2022cv05827 |
| October 6, 2022 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER granting #47 Joint Stipulation to Continue Further Case Management Conference: Updated joint Case Management Conference Statement due by 2/15/2024. Further Case Management Conference continued to 2/22/2024 01:00 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 11/17/2023. (ig, COURT STAFF) (Filed on 11/17/2023)
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| Filing 47 STIPULATION WITH PROPOSED ORDER (Joint) to Continue Case Management Conference filed by Nuance Communications, Inc.. (Attachments: #1 Declaration of Kate T. Spelman)(Spelman, Kate) (Filed on 11/16/2023) |
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Filing 46
Order by Chief Magistrate Judge Donna M. Ryu granting #45 Stipulation to Extend Briefing Schedule on Defendant's Motion to Dismiss. Motion Hearing set for 2/22/2024 at 1:00 PM in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. (dmrlc2, COURT STAFF) (Filed on 11/1/2023)
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| Filing 45 STIPULATION WITH PROPOSED ORDER re 44 Order,,, Terminate Motions,,, Terminate Hearings,, - Stipulation to Extend Briefing Schedule on Defendant's Motion to Dismiss; [Proposed] Order filed by Daniel Smith, Dana Turner, Aaron Youshei. (Attachments: #1 Declaration of Theo Benjamin)(Benjamin, Theo) (Filed on 10/31/2023) |
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Filing 44
ORDER: The court has received #43 the parties' Stipulated Notice of Withdrawal of Defendant's Motion to Compel and to Stay the Action Pending Arbitration. The 10/26/2023 hearing on Defendant's motion is vacated. Pursuant to the parties' request, Defendant's motion to dismiss is due by 11/17/2023. The opposition and reply briefs shall be filed in accordance with the timing set forth in Local Rule 7-3. Signed by Chief Magistrate Judge Donna M. Ryu on 10/19/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc2, COURT STAFF) (Filed on 10/19/2023)
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| Filing 43 STIPULATION re #37 MOTION to Compel Arbitration and to Stay the Action Pending Arbitration / Stipulated Notice of Withdrawal of Defendant's Motion to Compel Arbitration and to Stay the Action Pending Arbitration filed by Nuance Communications, Inc.. (Spelman, Kate) (Filed on 10/18/2023) |
| Filing 42 CLERK'S NOTICE: Notice is hereby given to all parties that the Further Case Management Conference set for 10/4/2023 01:30 PM is vacated and continued to 12/6/2023 01:30 PM in Oakland, - Videoconference Only in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. Parties shall file an updated joint Case Management Conference Statement by 11/29/2023. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 9/27/2023) |
| Filing 41 JOINT CASE MANAGEMENT STATEMENT filed by Daniel Smith, Dana Turner, Aaron Youshei. (Deckant, Neal) (Filed on 9/27/2023) |
| Filing 40 REPLY (re #37 MOTION to Compel Arbitration and to Stay the Action Pending Arbitration ) / Defendant's Reply in Support of Motion to Compel Arbitration and to Stay the Action Pending Arbitration filed byNuance Communications, Inc.. (Spelman, Kate) (Filed on 9/18/2023) |
| Filing 39 Declaration of Theo Benjamin in Support of #38 Opposition/Response to Motion filed byDaniel Smith, Dana Turner, Aaron Youshei. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #38 ) (Benjamin, Theo) (Filed on 8/28/2023) |
| Filing 38 OPPOSITION/RESPONSE (re #37 MOTION to Compel Arbitration and to Stay the Action Pending Arbitration ) filed byDaniel Smith, Dana Turner, Aaron Youshei. (Benjamin, Theo) (Filed on 8/28/2023) |
| Filing 37 MOTION to Compel Arbitration and to Stay the Action Pending Arbitration; Memorandum of Points and Authorities in Support Thereof filed by Nuance Communications, Inc.. Motion Hearing set for 10/26/2023 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 8/14/2023. Replies due by 8/21/2023. (Attachments: #1 Declaration of Kate T. Spelman In Support of Defendant Nuance Communications, Inc.'s Motion to Compel Arbitration and to Stay the Action Pending Arbitration (with Exs. A-C), #2 Declaration of Anna R. Kwait (with Exs. A-B), #3 Declaration of Christopher D. Moore (with Exs. A-C), #4 Declaration of Laura Deck (with Exs. A-E), #5 Declaration of William Garrett, #6 [Proposed] Order Granting Defendant Nuance Communications, Inc.'s Motion to Compel Arbitration and to Stay the Action Pending Arbitration) (Spelman, Kate) (Filed on 7/31/2023) Modified on 8/1/2023 (gba, COURT STAFF). |
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Filing 36
Order by Chief Magistrate Judge Donna M. Ryu granting #35 Stipulation to extend briefing schedule on Defendant's motion to compel arbitration. (dmrlc2, COURT STAFF) (Filed on 6/21/2023)
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| Filing 35 STIPULATION WITH PROPOSED ORDER re #33 Terminate Deadlines and Hearings,,,, Case Management Conference - Initial,,,, Set Deadlines/Hearings,,, filed by Daniel Smith, Dana Turner, Aaron Youshei. (Attachments: #1 Declaration)(Benjamin, Theo) (Filed on 6/20/2023) |
| Filing 34 CONSOLIDATED Class Action Complaint and Demand for Jury Trial against Nuance Communications, Inc.. Filed by Dana Turner, Aaron Youshei, Daniel Smith. (Benjamin, Theo) (Filed on 6/14/2023) |
| Filing 33 Minute Entry for proceedings held before Chief Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 5/31/2023 by Zoom Videoconference. Defendants unopposed motion to consolidate the cases is granted. Plaintiffs shall file consolidated first amended complaint by 6/14/2023. Defendants shall file a motion to compel arbitration by 7/31/2023. Updated joint case management conference statement due by 9/27/2023. Further Case Management Conference set for 10/4/2023 01:30 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Digital Recording Time: Zoom Webinar Time 1:45-1:58. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 5/31/2023). |
| Filing 32 JOINT CASE MANAGEMENT STATEMENT filed by Microsoft Corporation, Nuance Communications, Inc.. (Spelman, Kate) (Filed on 5/24/2023) |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Deckant, Neal) (Filed on 5/12/2023) |
| Filing 30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Spelman, Kate) (Filed on 5/10/2023) |
| Filing 29 CLERK'S NOTICE: Notice is hereby given to all parties that an Initial Case Management Conference has been set for 5/31/2023 1:30 PM in Oakland, by Videoconference only before Chief Magistrate Judge Donna M. Ryu. Parties shall file a Joint Case Management Conference Statement by no later than 5/24/2023. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. (ig, COURT STAFF) (Filed on 4/3/2023) |
| Filing 28 PLEASE DISREGARD DOCKET ENTRY #28 , THERE'S AN ERROR ON THE CASE NUMBER OF THE RELATED CASE IN THE CLERK'S NOTICE. SEE DOCKET ENTRY #29 INSTEAD. CLERK'S NOTICE: Notice is hereby given to all parties that an Initial Case Management Conference has been set for 5/31/2023 1:30 PM in Oakland, by Videoconference only before Chief Magistrate Judge Donna M. Ryu. Parties shall file a Joint Case Management Conference Statement by no later than 5/24/2023. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. (ig, COURT STAFF) (Filed on 4/3/2023) Modified on 4/3/2023 (ig, COURT STAFF). |
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Filing 27
ORDER RELATING CASE: Cases 4:22-cv-05827-DMR Turner v. JPMorgan Chase & Co. et al and 23-cv-00797-TSH Smith et al v. Nuance Communications, Inc. are related. Signed by Chief Magistrate Judge Donna M. Ryu on 3/30/2023. (ig, COURT STAFF) (Filed on 3/30/2023).
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Filing 26
ORDER: Although the parties have consented to the jurisdiction of the Magistrate Judge in this matter, they have not indicated whether they will consent or decline to proceed before a magistrate judge in Smith v. Nuance Communications, Inc., 23-cv-00797-TSH, which they seek to relate and consolidate to the instant case. The court will defer its decision on relation and consolidation until the parties have indicated whether they will consent or decline in Smith v. Nuance Communications, Inc.. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Signed by Chief Magistrate Judge Donna M. Ryu on 3/27/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc2, COURT STAFF) (Filed on 3/27/2023)
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| Filing 25 Unopposed Motion to Consolidate and Local Rule 3-12(E) Response Re Relatedness filed by Microsoft Corporation, Nuance Communications, Inc.. Responses due by 3/17/2023. Replies due by 3/24/2023. (Attachments: #1 Exhibit A) (Spelman, Kate) (Filed on 3/3/2023) Modified on 3/6/2023 (gba, COURT STAFF). |
| Filing 24 Judicial Referral for Purpose of Determining Relationship of Cases: Pursuant to Civil Local Rule 3-12(c), Smith v. Nuance Communications, Inc., 23-cv-00797-TSH, is hereby REFERRED to the Honorable Donna M. Ryu for consideration of whether it is related to Turner v. JPMorgan Chase & Co., 22-cv-05827-DMR. Signed by Judge Thomas S. Hixson on 2/27/2023. (tshlc1, COURT STAFF) (Filed on 2/27/2023) |
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Filing 23
ORDER by Magistrate Judge Donna M. Ryu granting #22 David Charles Layden's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 2/23/2023)
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| Filing 22 MOTION for leave to appear in Pro Hac Vice (David Layden) ( Filing fee $ 317, receipt number ACANDC-18009814.) filed by Microsoft Corporation, Nuance Communications, Inc.. (Attachments: #1 Certificate of Good Standing)(Layden, David) (Filed on 2/22/2023) |
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Filing 21
ORDER re: #20 Stipulation to Continue Deadline to File Responsive Pleading and to Reschedule Initial Case Management Conference in Light of Potential Consolidation. Defendant's unopposed motion for consolidation due by 3/3/2023. Signed by Magistrate Judge Donna M. Ryu on 2/21/2023. (dmrlc2, COURT STAFF) (Filed on 2/21/2023)
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| Filing 20 STIPULATION WITH PROPOSED ORDER to Continue Deadline to File Responsive Pleading and to Reschedule Initial Case Management Conference in Light of Potential Consolidation (Civ. L.R. 6-1(b), 6-2, and 7-12) filed by Microsoft Corporation, Nuance Communications, Inc.. (Spelman, Kate) (Filed on 2/21/2023) |
| Filing 19 FIRST AMENDED CLASS ACTION COMPLAINT; Jury Trial Demanded against Microsoft Corporation, Nuance Communications, Inc. Filed by Dana Turner. (Deckant, Neal) (Filed on 1/9/2023) |
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Filing 18
ORDER (AS MODIFIED) granting #17 Stipulation to Amend Complaint, Extend Defendants' Time to Respond, and Reschedule Initial Case Management Conference: Plaintiff's Amended Pleadings due by 1/9/2023; Defendants' Response to Amended Pleadings due by 2/21/2023; Plaintiff's opposition to any responsive motions due by 3/21/2023. Parties shall file a joint Case Management Conference Statement by 3/22/2023. Initial Case Management Conference is continued to 3/29/2023 01:30 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Magistrate Judge Donna M. Ryu on 12/7/2022. (ig, COURT STAFF) (Filed on 12/7/2022)
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| Filing 17 STIPULATION WITH PROPOSED ORDER to Amend Complaint, Extend Defendants' Time to Respond, and Reschedule Case Management Conference filed by JPMorgan Chase & Co., JPMorgan Chase Bank, National Association. (Guyon, Rebekah) (Filed on 12/6/2022) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Microsoft Corporation, Nuance Communications, Inc... (Spelman, Kate) (Filed on 11/15/2022) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by JPMorgan Chase & Co., JPMorgan Chase Bank, National Association.. (Guyon, Rebekah) (Filed on 11/15/2022) |
| Filing 14 CLERK'S NOTICE TO DEFENDANTS MICROSOFT CORPORATION AND NUANCE COMMUNICATIONS, INC. Re: Consent or Declination: Defendants Microsoft Corporation and Nuance Communications, Inc. shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civ ilforms. Consent/Declination due by 11/17/2022. (ig, COURT STAFF) (Filed on 11/3/2022) |
| Filing 13 STIPULATION filed by Microsoft Corporation, Nuance Communications, Inc.. (Spelman, Kate) (Filed on 11/1/2022) |
| Filing 12 NOTICE of Appearance by Kate Tainsky Spelman (Spelman, Kate) (Filed on 11/1/2022) |
| Filing 11 SUMMONS Returned Executed by Dana Turner. Nuance Communications, Inc. served on 10/13/2022, answer due 11/3/2022. (Deckant, Neal) (Filed on 10/25/2022) |
| Filing 10 SUMMONS Returned Executed by Dana Turner. Microsoft Corporation served on 10/13/2022, answer due 11/3/2022. (Deckant, Neal) (Filed on 10/25/2022) |
| Filing 9 SUMMONS Returned Executed by Dana Turner. JPMorgan Chase Bank, National Association served on 10/13/2022, answer due 11/3/2022. (Deckant, Neal) (Filed on 10/25/2022) |
| Filing 8 SUMMONS Returned Executed by Dana Turner. JPMorgan Chase & Co. served on 10/13/2022, answer due 11/3/2022. (Deckant, Neal) (Filed on 10/25/2022) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dana Turner.. (Deckant, Neal) (Filed on 10/20/2022) |
| Filing 6 Amended Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/11/2023. Initial Case Management Conference set for 1/18/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (ig, COURT STAFF) (Filed on 10/13/2022) |
| Filing 5 Summons Issued as to JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Microsoft Corporation, Nuance Communications, Inc. (gba, COURT STAFF) (Filed on 10/12/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2023. Initial Case Management Conference set for 1/11/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (gba, COURT STAFF) (Filed on 10/12/2022) |
| 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 10/21/2022. (mbc, COURT STAFF) (Filed on 10/7/2022) |
| Filing 2 Proposed Summons. (Deckant, Neal) (Filed on 10/6/2022) |
| Filing 1 CLASS ACTION COMPLAINT; Jury Trial Demanded against JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Microsoft Corporation, Nuance Communications, Inc. (Filing fee $ 402.00, receipt number ACANDC-17604505.). Filed by Dana Turner. (Attachments: #1 Civil Cover Sheet) (Deckant, Neal) (Filed on 10/6/2022) Modified on 10/12/2022 (gba, COURT STAFF). |
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