Davis et al v. Theo Chocolate Inc
| Rockime Davis and MyHang Le |
| Theo Chocolate, Inc. |
| Pamela Chesavage |
| 4:2024cv00061 |
| January 4, 2024 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Haywood S Gilliam |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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Filing 42
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING (Docket Nos. 41 in case 4:23-cv-02739-HSG; and 37 in case 4:24-cv-00061-HSG ) Stipulation to Consolidate Actions Under Fed. R. Civ. P. 42(a) and Appointing a Leadership Structure for Plaintiffs. (ndr, COURT STAFF) (Filed on 1/31/2024)
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| Filing 41 Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Telephonic Further Case Management Conference held on 1/30/2024.Total Time in Court: 2 Minutes. Not Reported. Plaintiff Attorney: Jack Fitzgerald. Defendant Attorney: Brian Ledger. Movant Attorney: Rebecca Peterson. The Court advises the parties that he will GRANT the stipulations (docket nos. 41 in case no. 23-cv-2739-HSG and #37 in case no. 24-cv-00061-HSG) and set the proposed schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 1/30/2024) |
| Filing 40 Notice of Appearance - Re-File by Theo Chocolate, Inc. (Landis, Ryan) (Filed on 1/29/2024) Modified on 1/30/2024 (jml, COURT STAFF). |
| Filing 39 ***DISREGARD. DOCUMENT INCOMPLETE. SEE DOCKET #40 FOR CORRECTED FILING. *** NOTICE by Theo Chocolate, Inc. NOTICE OF APPEARANCE (Landis, Ryan) (Filed on 1/29/2024) Modified on 1/30/2024 (jml, COURT STAFF). |
| Filing 38 Joint Case Management Conference Statement filed by Pamela Chesavage, Rockime Davis, MyHang Le, Theo Chocolate, Inc. (Peterson, Rebecca) (Filed on 1/22/2024) Modified on 1/23/2024 (cjl, COURT STAFF). |
| Filing 37 STIPULATION WITH PROPOSED ORDER to Consolidate Actions Under Fed. R. Civ. P. 42(a) and Appointing a Leadership Structure for Plaintiffs filed by Pamela Chesavage, Theo Chocolate, Inc., Rockime Davis and Myhang Le. (Peterson, Rebecca) (Filed on 1/18/2024) Modified on 1/18/2024 (jml, COURT STAFF). |
| Filing 36 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 41 IN CASE NO. 23-CV-02739-HSG. The stipulation and proposed order is double-captioned so it needs to be e-filed as a stipulation and proposed order in case no. 24-cv-00061-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/18/2024) |
| Filing 35 NOTICE by Pamela Chesavage of Filing Stipulation to Consolidate Actions Under Fed. R. Civ. P. 42(a) and Appointing a Leadership Structure for Plaintiffs (Attachments: #1 Exhibit 1)(Peterson, Rebecca) (Filed on 1/17/2024) |
| Filing 34 CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE.Notice is hereby given that a Telephonic Case Management Conference has been set for January 30, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. One joint case management statement is due by January 23rd. The dial-in information and instructions remain the same as previously provided in docket no. 32 e-filed in both cases. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/12/2024) |
| Filing 33 NOTICE of Appearance by Brian Mark Ledger for Theo Chocolate, Inc. (Ledger, Brian) (Filed on 1/11/2024) |
| #Electronic filing error. Incorrect PDF attached. [err201] The form attached is not for this district. In the future, please use the correct form for the Northern District of California.Re: #33 Notice of Appearance filed by Theo Chocolate, Inc. (jml, COURT STAFF) (Filed on 1/11/2024) Modified on 1/11/2024 (jml, COURT STAFF). |
| Filing 32 CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for April 9, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by April 2nd. 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 4:24-cv-00061-HSG. The April 9, 2024 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. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 1/10/2024) |
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Filing 31
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case. Signed by Clerk on 1/10/2024. (jml, COURT STAFF) (Filed on 1/10/2024)
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Filing 30
ORDER RELATING CASE. Signed by Judge Haywood S. Gilliam, Jr. on 1/10/2024. (ndr, COURT STAFF) (Filed on 1/10/2024)
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| Filing 29 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rockime Davis, MyHang Le.. (Flynn, Trevor) (Filed on 1/4/2024) |
| Filing 28 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 1/18/2024. (ejk, COURT STAFF) (Filed on 1/4/2024) |
| Filing 27 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/28/2024. Initial Case Management Conference set for 4/4/2024 11:00 AM in San Francisco, Courtroom B, 15th Floor. (jml, COURT STAFF) (Filed on 1/4/2024) |
| Filing 26 Case transferred in from District of Washington Western; Case Number 2:23-cv-01096. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to the Northern District of California by electronic case transfer on 1/2/2024. (SB) |
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Filing 25
ORDER granting Defendant's #15 Motion to Transfer Venue. The Court TRANSFERS this case to the Northern District of California - Oakland Division. The Court DIRECTS the Clerk to notify the Clerk of Court in that district, and to close the file in this matter. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 1/2/2024. Signed by Judge John H. Chun. (SB)
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Filing 24
STIPULATED PROTECTIVE ORDER. Signed by Judge John H. Chun. (SB)
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| Filing 23 Stipulated MOTION for Protective Order , filed by All Plaintiffs. (Attachments: #1 Exhibit B) Noting Date 12/4/2023, (Stephens, Kim) |
| Filing 22 DECLARATION of R. Samuel Stein filed by Defendant Theo Chocolate Inc re #15 MOTION to Transfer Case or Stay (Attachments: #1 Exhibit)(Tuvim, Mark) |
| Filing 21 DECLARATION of Brian M. Ledger filed by Defendant Theo Chocolate Inc re #15 MOTION to Transfer Case or Stay (Attachments: #1 Exhibit)(Tuvim, Mark) |
| Filing 20 REPLY, filed by Defendant Theo Chocolate Inc, TO RESPONSE to #15 MOTION to Transfer Case or Stay (Tuvim, Mark) |
| Filing 19 DECLARATION of Kim D. Stephens filed by All Plaintiffs re #15 MOTION to Transfer Case or Stay (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stephens, Kim) |
| Filing 18 RESPONSE, by All Plaintiffs, to #15 MOTION to Transfer Case or Stay. (Stephens, Kim) |
| Filing 17 REQUEST by Defendant Theo Chocolate Inc for Judicial Notice re #15 MOTION to Transfer Case or Stay (Tuvim, Mark) |
| Filing 16 DECLARATION of Mark B. Tuvim filed by Defendant Theo Chocolate Inc re #15 MOTION to Transfer Case or Stay (Attachments: #1 Exhibit Chesavage Complaint, #2 Exhibit Chesavage Amended Complaint)(Tuvim, Mark) |
| Filing 15 MOTION to Transfer Case or Stay, filed by Defendant Theo Chocolate Inc. (Attachments: #1 Proposed Order) Noting Date 12/1/2023, (Tuvim, Mark) |
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Filing 14
ORDER granting Parties' #13 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint. Defendant shall answer, move, or otherwise respond to Plaintiffs' Class Action Complaint, or request such other relief the Court may deem appropriate, on or before 11/20/2023. Signed by Judge John H. Chun. (SB)
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| Filing 13 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint , filed by Defendant Theo Chocolate Inc. Noting Date 10/31/2023, (Tuvim, Mark) |
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Filing 12
ORDER granting Parties' #11 Stipulated MOTION Extending Initial Scheduling Deadlines. The deadline for 26(f) conference is two weeks after Defendant's Response is filed. Initial Disclosures Pursuant to FRCP 26(a)(1) are due three weeks after Defendant's Response is filed. Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Civil Rule 26(f) is due four weeks after Defendant's Response is filed. Signed by Judge John H. Chun. (SB)
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| Filing 11 Stipulated MOTION and Proposed Order Extending Initial Scheduling Deadlines, filed by Plaintiffs Rockime Davis, MyHang Le. Noting Date 9/25/2023, (Stephens, Kim) |
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Filing 10
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge John H. Chun. Joint Status Report due by 10/16/2023, FRCP 26(f) Conference Deadline is 9/25/2023, Initial Disclosure Deadline is 10/10/2023. (AD)
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Filing 9
ORDER granting Parties' #8 Stipulated MOTION Extending Deadline to Respond to Complaint. Defendant shall answer, move, or otherwise respond to Plaintiffs' Class Action Complaint on or before 11/1/2023. Signed by Judge John H. Chun. (SB)
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| Filing 8 Stipulated MOTION and Proposed Order Extending Deadline to Respond to Complaint, filed by All Plaintiffs. Noting Date 9/8/2023, (Stephens, Kim) |
| Filing 7 NOTICE of Appearance by attorney Mark B Tuvim on behalf of Defendant Theo Chocolate Inc. (Tuvim, Mark) |
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Filing 6
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jack Fitzgerald for PLAINTIFFS Rockime Davis and MyHang Le by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 5
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Trevor Flynn for PLAINTIFFS Rockime Davis and MyHang Le by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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| Filing 4 APPLICATION OF ATTORNEY Jack Fitzgerald FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8098160 (Boyd, Kaleigh) |
| Filing 3 APPLICATION OF ATTORNEY Trevor Flynn FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8098150 (Boyd, Kaleigh) |
| Filing 2 Summons(es) Electronically Issued as to defendant(s) Theo Chocolate Inc (MG) |
| Judge John H. Chun added. (MG) |
| Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-8095408) filed by MyHang Le, Rockime Davis. (Attachments: #1 Venue Affidavit, #2 Civil Cover Sheet, #3 Summons)(Stephens, Kim) |
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