Reaud v. Facebook, Inc.
| Alfred P. Reaud and Alfred Pedro Reaud |
| Facebook Inc. |
| 3:2023cv06329 |
| December 7, 2023 |
| US District Court for the Northern District of California |
| Oakland Office |
| Araceli Martinez-Olguin |
| Kandis A Westmore |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 43 Clerk's Notice Vacating Motion Hearing. #42 Motion to Dismiss Hearing previously set for 4/25/2024 at 2:00 PM is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 1/25/2024)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 42 MOTION to Dismiss Plaintiff's Complaint with Prejudice and Memorandum of Points and Authorities in Support Thereof filed by Facebook Inc.. Motion to Dismiss Hearing set for 4/25/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor. Responses due by 2/7/2024. Replies due by 2/14/2024. (Attachments: #1 Proposed Order)(Visser, Michelle) (Filed on 1/24/2024) |
Filing 41
Order by Judge Araceli Martinez-Olguin granting #37 Stipulation Setting Briefing Schedule. Motions to Dismiss due by 1/24/2024. Opposition due by 2/23/2024. Reply due by 3/8/2024. (ads, COURT STAFF) (Filed on 12/20/2023)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)
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Filing 40
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 12/20/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 12/20/2023)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)
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| Filing 39 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. (wft, COURT STAFF) (Filed on 12/19/2023) |
| Filing 38 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Facebook Inc... (Visser, Michelle) (Filed on 12/19/2023) |
| Filing 37 STIPULATION WITH PROPOSED ORDER To Set Briefing Schedule filed by Facebook Inc.. (Visser, Michelle) (Filed on 12/19/2023) |
| Filing 36 NOTICE of Appearance by Michelle Lynn Visser (Visser, Michelle) (Filed on 12/19/2023) |
| Filing 35 NOTICE of Appearance by Melissa Levin (Levin, Melissa) (Filed on 12/19/2023) |
| Filing 34 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alfred Pedro Reaud.. (Reaud, Alfred) (Filed on 12/18/2023) |
| Received manually filed items from docket 2 Conventionally Submitted Material, from District of Colorado. (wsn, COURT STAFF) (Filed on 12/18/2023) |
| Filing 33 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant 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 12/22/2023. (wft, COURT STAFF) (Filed on 12/8/2023) |
| Filing 32 Case transferred in from District of Colorado; Case Number 1:23-cv-00212. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER ON RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Plaintiff's Objection to the Report and Recommendation [Doc. #28 ] is OVERRULED. The Recommendation of United States Magistrate Judge S. Kato Crews [Doc. #27 ] is ADOPTED. Defendant's Motion to Dismiss Plaintiff's Complaint with Prejudice or, Alternatively, to Transfer Venue [Doc. #19 ] is GRANTED. This action shall be TRANSFERRED to the United States District Court for the Northern District of California. The Clerk of Court shall effectuate such transfer and thereafter close this case. By Judge Nina Y. Wang on 12/6/2023.(norlin, )
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| Filing 30 REPLY to #28 Objection to Report and Recommendations by Defendant Facebook, Inc.. (Wasserman, Emily) |
| Filing 29 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #28 Objection to Report and Recommendations filed by Alfred P. Reaud. Pro plaintiff se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (norlin, ) |
| Filing 28 OBJECTION to #27 Report and Recommendations RE: MOTION TO TRANSFER VENUE #19 filed by Plaintiff Alfred P. Reaud. (Reaud, Alfred) |
| Filing 27 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue filed by Facebook, Inc. For the reasons stated herein, the Court RECOMMENDS this case be transferred to the District Court for the Northern District of California. By Magistrate Judge S. Kato Crews on 10/31/2023. (skclc1) |
| Filing 26 REPLY to Response to #19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue filed by Defendant Facebook, Inc.. (Attachments: #1 Affidavit Declaration of Michelle L. Visser)(Visser, Michelle) |
| Filing 25 BRIEF in Opposition to #19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue Refiled Persuant to Minute Order 24 filed by Plaintiff Alfred P. Reaud. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Reaud, Alfred) |
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Filing 24
MINUTE ORDER: This matter is before the Court on Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint With Prejudice or, Alternatively, to Transfer Venue ("Response") #23 . The Response exceeds the applicable page limitations for such filings, which is fifteen (15) pages, not including the cover page, table of contents, signature block, or certificate of service. See Civ. Practice Standard 10.1(c)(1). Accordingly, the Clerk of Court is DIRECTED to STRIKE Plaintiff's Response #23 as non-compliant. Plaintiff shall file a compliant response to the Motion to Dismiss on or before 5/9/2023. Moreover, based on a brief review of the Response, the Court notes that this filing suggests that an attorney drafted this document, especially when comparing the instant Response to Plaintiff's other filings in this case thus far. In any event, based on the foregoing, the Court specifically advises Plaintiff that he may not engage in and/or purport to engage in any conduct that would suggest he is represented by an attorney. This includes ghostwriting any of his filings, which is also prohibited when performed by attorneys. See Duran v. Carris, 238 F.3d 1268, 1272 (10th Cir. 2001) (discussing the potential ethical violations arising from attorney ghostwriting); Barnett v. LeMaster, 12 F. App'x 774, 778 (10th Cir. 2001) ("[W]e have held 'any ghostwriting of an otherwise pro se brief must be acknowledged by the signature of the attorney involved.'"). The Court further notes that under the Local Rules of Practice of this District, "an attorney may provide limited representation to an unrepresented party or an unrepresented prisoner in a civil action by order granting a motion which defines the scope of limited representation with reasonable particularity and certifies the approval of the unrepresented party or unrepresented prisoner. Any change in the scope of limited representation must be approved by the court." D.C.COLO.LCivR 5(a)(2). By Judge Nina Y. Wang on 5/4/2023. Text Only Entry (nywlc3, )
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| Filing 23 STRICKEN BRIEF in Opposition to #19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue filed by Plaintiff Alfred P. Reaud. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Reaud, Alfred) Modified on 5/5/2023 to strike pursuant to 24 Order (trvo, ). |
| Filing 22 MEMORANDUM regarding #19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue filed by Facebook, Inc.. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 4/20/2023. Text Only Entry (nywlc3, ) |
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Filing 21
ORDER. Plaintiff's Motion for Preliminary Injunction Enjoining Defendant from Serving Pornographic Ads to Plaintiff [Doc. #8 ] is DENIED. Plaintiff's Unopposed Motion to Modify Minute Order 16 [Doc. #20 ] is DENIED as moot. By Judge Nina Y. Wang on 4/13/2023.(trvo, )
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| Filing 20 Unopposed MOTION to Amend/Correct/Modify 16 Minute Order, by Plaintiff Alfred P. Reaud. (Reaud, Alfred) |
| Filing 19 MOTION to Dismiss Plaintiff's Complaint with Prejudice Or, Alternatively, to Transfer Venue by Defendant Facebook, Inc.. (Attachments: #1 Affidavit Declaration of Jennifer Pricer)(Visser, Michelle) |
| Filing 18 BRIEF in Opposition to #8 MOTION for Preliminary Injunction ENJOINING DEFENDANT FROM SERVING PORNOGRAPHIC ADS TO PLAINTIFF filed by Defendant Facebook, Inc.. (Visser, Michelle) |
| Filing 17 NOTICE of Entry of Appearance by Michelle L Visser on behalf of Facebook, Inc.Attorney Michelle L Visser added to party Facebook, Inc.(pty:dft) (Visser, Michelle) |
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Filing 16
MINUTE ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction Enjoining Defendant from Serving Pornographic Ads to Plaintiff ("Motion") #8 . Defendant's response to the Motion is due 4/11/2023, and Plaintiff's reply is due 4/18/2023. By Judge Nina Y. Wang on 4/4/2023. Text Only Entry (nywlc3, )
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Filing 15
ORDER REFERRING CASE: This case is referred to Magistrate Judge S. Kato Crews for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 3/31/2023. Text Only Entry (nywlc3, )
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| Filing 14 CASE REASSIGNED pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-00212-NYW. (Text Only Entry) (csarr, ) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Allen, Jennifer) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Alfred P. Reaud All parties do not consent.. (Reaud, Alfred) |
| Filing 11 NOTICE of Entry of Appearance by Emily Lauren Wasserman on behalf of Facebook, Inc.Attorney Emily Lauren Wasserman added to party Facebook, Inc.(pty:dft) (Wasserman, Emily) |
| Filing 10 NOTICE of Entry of Appearance by Jennifer Savage Allen on behalf of Facebook, Inc.Attorney Jennifer Savage Allen added to party Facebook, Inc.(pty:dft) (Allen, Jennifer) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Alfred P. Reaud. Facebook, Inc. waiver sent on 2/23/2023, answer due 4/24/2023. (Reaud, Alfred) |
| Filing 8 MOTION for Preliminary Injunction ENJOINING DEFENDANT FROM SERVING PORNOGRAPHIC ADS TO PLAINTIFF by Plaintiff Alfred P. Reaud. (Reaud, Alfred) |
| Filing 7 SUMMONS issued by Clerk. (csarr, ) |
| Filing 6 SUMMONS REQUEST as to Facebook, Inc. re #1 Complaint, by Plaintiff Alfred P. Reaud. (Reaud, Alfred) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (jcharl, ) |
| Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jcharl, ) |
| Filing 3 Exhibits in Support of #1 Complaint, by Plaintiff Alfred P. Reaud. (Attachments: #1 Exhibit)(jcharl, ) |
| Filing 2 Conventionally Submitted Material : 1 Flash Drive titled "Exhibit 1 and 2" to Complaint #1 by Plaintiff Alfred P. Reaud. Location of Stored Items: Clerk's Office Oversized Area D-5-5. Text Only Entry (jcharl, ) |
| Filing 1 COMPLAINT and Request for Injunction against Facebook, Inc. Filing Fee: $402.00 Receipt Number:105787, filed by Alfred P. Reaud. (Attachments: #1 Civil Cover Sheet, #2 Attachment 1, #3 Attachment 2)(jcharl, ) #4 Envelope) (jcharl, ). |
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