My Choice Software, LLC v. Shopify Inc. et al
| My Choice Software, LLC |
| Shopify Inc., Shopify (USA) Inc. and TaskUs, Inc. |
| 4:2023cv02687 |
| May 31, 2023 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 REMARK: The court has received #19 . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), no court order is required to dismiss this action. The parties are hereby notified that this matter is terminated. (ig, COURT STAFF) (Filed on 6/29/2023) |
| Filing 19 STIPULATION WITH PROPOSED ORDER Stipulation of Dismissal of Case filed by Shopify (USA) Inc., Shopify Inc.. (Attachments: #1 Proposed Order)(Kaba, Moez) (Filed on 6/29/2023) |
| Filing 18 Reply in Support of Motion (re #13 MOTION to Dismiss ) filed by Shopify (USA) Inc., Shopify Inc.. (Attachments: #1 Declaration of Sourabh Mishra, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Opp to Request for Judicial Notice) (Kaba, Moez) (Filed on 6/28/2023) |
| Filing 17 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss ) filed byMy Choice Software, LLC. (Attachments: #1 Supplement Request for Judicial Notice)(Quintilone, Richard) (Filed on 6/21/2023) |
Filing 16
ORDER: The docket indicates that Plaintiff My Choice Software, LLC has not consented to or declined magistrate judge jurisdiction. In addition, Defendant TaskUs, Inc. has not yet made an appearance in this case. The court cannot decide the pending motion to dismiss #13 without the consent of all parties, served and unserved. See Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017). By no later than 7/5/2023, Plaintiff shall file a consent or declination to proceed before a magistrate judge. The case may otherwise be reassigned to a district judge. By the same date, Plaintiff shall file a brief statement on the status of service on Defendant TaskUs, Inc. Signed by Chief Magistrate Judge Donna M. Ryu on 6/21/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc2, COURT STAFF) (Filed on 6/21/2023)
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| Filing 15 CERTIFICATE OF SERVICE by Shopify (USA) Inc., Shopify Inc. re #14 Administrative Motion to File Under Seal (Mishra, Sourabh) (Filed on 6/7/2023) |
| Filing 14 Administrative Motion to File Under Seal filed by Shopify (USA) Inc., Shopify Inc.. (Attachments: #1 Declaration of Sourabh Mishra, #2 Proposed Order Granting Application to Seal, #3 Unredacted Motion to Dismiss, #4 Exhibit A - Sealed, #5 Exhibit D - Sealed, #6 Exhibit G - Sealed)(Mishra, Sourabh) (Filed on 6/7/2023) |
| Filing 13 MOTION to Dismiss filed by Shopify (USA) Inc., Shopify Inc.. Motion Hearing set for 7/13/2023 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 6/21/2023. Replies due by 6/28/2023. (Attachments: #1 Proposed Order Granting MTD, #2 Declaration of Erin McIntomny, #3 Exhibit A - McIntomny Decl., #4 Exhibit B - McIntomny Decl., #5 Exhibit D - McIntomny Decl., #6 Declaration of Allison L. Libeu, #7 Exhibit F - Libeu Decl., #8 Exhibit G - Libeu Decl., #9 Exhibit H - Libeu Decl., #10 Exhibit I - Libeu Decl., #11 Exhibit J - Libeu Decl., #12 Exhibit K - Libeu Decl., #13 Exhibit L - Libeu Decl., #14 Declaration of Sarah Harris-John, #15 Declaration of Eliot N. Koler, #16 Exhibit 1 - Koler Decl., #17 Exhibit 2 - Koler Decl., #18 Exhibit 3 - Koler Decl., #19 Exhibit 4 - Koler Decl., #20 Request For Judicial Notice, #21 Proposed Order Granting RJN)(Kaba, Moez) (Filed on 6/7/2023) |
| Filing 12 AMENDED CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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/civilforms. Consent/Declination due by 6/19/2023. (ig, COURT STAFF) (Filed on 6/5/2023) |
| Filing 11 PLEASE DISREGARD DOCKET ENTRY #11 , CLERK'S NOTICE HAS THE WRONG PLAINTIFF'S COUNSEL. SEE DOCKET ENTRY #12 INSTEAD. CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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/civilforms. Consent/Declination due by 6/19/2023. (ig, COURT STAFF) (Filed on 6/5/2023) Modified on 6/6/2023 (ig, COURT STAFF). |
| Filing 10 NOTICE of Appearance by Allison Lauren Libeu (Libeu, Allison) (Filed on 6/5/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shopify (USA) Inc., Shopify Inc... (Mishra, Sourabh) (Filed on 6/2/2023) |
| Filing 8 CERTIFICATE OF SERVICE by Shopify (USA) Inc., Shopify Inc. re #1 Notice of Removal,, #5 Initial Case Management Scheduling Order with ADR Deadlines (Mishra, Sourabh) (Filed on 6/2/2023) |
| Filing 7 CERTIFICATE OF SERVICE by Shopify (USA) Inc., Shopify Inc. re 4 Case Assigned by Intake,, #2 Certificate of Interested Entities, #3 Certificate of Interested Entities (Mishra, Sourabh) (Filed on 6/2/2023) |
| Filing 6 CERTIFICATE OF SERVICE by Shopify (USA) Inc., Shopify Inc. (Mishra, Sourabh) (Filed on 6/2/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/23/2023. Initial Case Management Conference set for 8/30/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (lsk, COURT STAFF) (Filed on 6/2/2023) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/14/2023. (ark, COURT STAFF) (Filed on 5/31/2023) |
| Filing 3 Corporate Disclosure Statement by Shopify (USA) Inc. and Disclosure of Conflicts and Interested Entities or Persons (Mishra, Sourabh) (Filed on 5/31/2023) |
| Filing 2 Corporate Disclosure Statement by Shopify Inc. and Disclosure of Conflicts and Interested Entities or Persons (Mishra, Sourabh) (Filed on 5/31/2023) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, County of San Francisco. Their case number is CGC-22-601842. (Filing fee $402 receipt number ACANDC-18314251). Filed byShopify Inc.. (Attachments: #1 Declaration of Sourabh Mishra in Support, #2 Exhibit A - Docket Sheet, Complaint, and Filed Documents, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Errata F, #8 Declaration of Erin McIntomny in Support, #9 Declaration of Sarah Harris-John in Support, #10 Civil Cover Sheet)(Kaba, Moez) (Filed on 5/31/2023) |
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