Daniel Cohen et al v. Postmeds, Inc. et al
Daniel Cohen and MAYRA MENDEZ |
PostMeds, Inc. and Does 1 through 100, inclusive |
4:2024cv00134 |
January 8, 2024 |
US District Court for the Northern District of California |
Haywood S Gilliam |
Personal Property: Other |
28 U.S.C. § 1441 Petition for Removal- Account Receivable |
Plaintiff |
Docket Report
This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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Filing 18 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 2/6/2024 for case no. 4:23-cv-5710-HSG only.Total Time in Court: 16 minutes. Not Reported. Plaintiff Attorney: John Nelson; Gary Klinger; Samuel Ward; John Wucetich; Kyle McLean; Laura Van Note; Raina Borrelli; Alexis Wood; Kas Gallucci; Daniel Srourian; Kristen Cardoso; James Pizzirusso; Jill Manning; Bryan Bleichner; James Treglio; and Amber Schubert. Defendant Attorney: Marcus McCutcheon and Casie Collingnon. Adams. With the agreement of all the parties on the line, the Court orders that the lead case remain open and that the consolidated cases (Autry, 23-cv-05710-HSG; Adams, 23-cv-06258-HSG; Garcia, 23-cv-05726-HSG; Rossi, 23-cv-05732-HSG; Fisher, 23-cv-05743-HSG; McDonald, 23-cv-05772-HSG; Williams, 23-cv-05813-HSG; Toles, 23-cv-05852-HSG; Morgan, 23-cv-05862-HSG; Johnson, 23-cv-06038-HSG; Siegel, 23-cv-06134-HSG; Moran, 23-cv-06411-HSG; Byrd, 24-cv-00222-HSG; and Cohen, 24-cv-00134-HSG) be administratively closed. Counsel is directed to re-notice the motion to appoint interim class counsel (docket no. 17) and sets the following briefing schedule: February 21, 2024-response/opposition is due and February 28, 2024-reply to response/opposition is due. The Court orders that counsel should e-file all notices of non-opposition as soon as possible once the motion is re-noticed. Private ADR is discussed. Counsel are directed to meet and confer and e-file by one week from today (February 13, 2024) 1) a stipulation and proposed order on ADR that reflects the scheduled May 3rd mediation, and 2) the required ADR certifications. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 2/6/2024) |
***Civil Case Terminated, See Docket No. [ 18 .*** (ndr, COURT STAFF) (Filed on 2/6/2024) |
Filing 17 ORDER by Judge Haywood S. Gilliam, Jr. ADVISING the parties that only the lead case, In Re: Post Meds, Inc. Data Breach Litigation (23-05710-HSG), will remain on calendar for the February 6, 2024 Case Management Conference. The Court accordingly VACATES the Feb. 6, 2024 CMCs scheduled for consolidated cases Garcia (23-cv-05726), Rossi (23-cv-05732), Fisher (23-cv-05743), MacDonald (23-cv-05772), Williams (23-cv-05813), Toles (23-cv-05852), Morgan (23-cv-05862), Johnson (23-cv-06038), Siegel (23-cv-06134), Autry (23-cv-06173), and Adams (23-cv-06258) and the April 9, 2024 CMC for Cohen (24-cv-00134), but DIRECTS counsel for all consolidated cases to join the CMC for the lead case using the dial-in instructions at Dkt. No. 21 , and DIRECTS them to do so at 1:30pm (rather than 1:45pm) to allow for an orderly sign-in process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 2/1/2024) |
***CMC Terminated, See Docket No. 17 .*** (ndr, COURT STAFF) (Filed on 2/1/2024) |
Filing 16 RELATED CASE ORDER RE DOCKET NO. 23-cv-5710-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 1/29/2024. (ndr, COURT STAFF) (Filed on 1/29/2024) |
Filing 15 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/2/2024. Initial Case Management Conference set for 4/9/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. (dhm, COURT STAFF) (Filed on 1/8/2024) |
Filing 14 Case transferred in from District of California Central; Case Number 2:23-cv-10664. Original file certified copy of transfer order and docket sheet received. |
Filing 13 ORDER APPROVING STIPULATION TO TRANSFER VENUE by Judge Fernando L. Aenlle-Rocha: This action is TRANSFERRED to the United States District Court for the Northern District of California for consolidation with In Re: Postmeds, Inc. Data Breach Litigation, Case No. 3:23-cv-05710-HSG. The clerk is hereby directed to transfer the case file and administratively close the action pending in this district. Case electronically sent to USDC Northern District of California on 1/5/2024. (MD JS-6. Case Terminated.) (lc) Modified on 1/5/2024 (lc). |
Filing 12 STIPULATION to Change Venue to Northern District of California filed by Defendant Postmeds, Inc.. (Attachments: #1 Proposed Order)(McCutcheon, Marcus) |
Filing 11 (IN CHAMBERS) ORDER STRIKING STIPULATION (DKT. #10 ) by Judge Fernando L. Aenlle-Rocha: The court STRIKES the parties' Stipulation To Transfer Venue for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. Failure to comply with all applicable statutes and Local Rules in any renewed stipulation, including Local Rule 5-4.3.4, may result in the denial of the stipulation with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY |
Filing 10 (STRICKEN ON DECEMBER 28, 2023; REFER TO CM/ECF NO. 11) STIPULATION to Transfer Case to Northern District of California filed by Defendant Postmeds, Inc.. (Attachments: #1 Proposed Order)(McCutcheon, Marcus) Modified on 12/28/2023 (tf). |
Filing 9 Defendant Postmeds, Inc.'s Disclosure Statement and NOTICE of Interested Parties identifying Truepill, Inc., AIG Specialty Insurance Company, Markel Insurance Company and Evanston Insurance Company. (McCutcheon, Marcus) |
Filing 8 STIPULATION Extending Time to Answer the complaint as to Postmeds, Inc. answer now due 1/26/2024, re Amended Complaint filed by Defendant Postmeds, Inc..(McCutcheon, Marcus) |
Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Casie D Collignon on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 3 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Maria A. Audero. (ghap) |
CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 100, inclusive, Postmeds, Inc. Jury Demanded., filed by plaintiff Daniel Cohen. (FILED IN STATE COURT ON 11/15/2023 SUBMITTED ATTACHED EXHIBIT A PAGE 14) (ghap) |
NON CONFORM COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 100, inclusive, Postmeds, Inc. amending Complaint - (Discovery), filed by plaintiffs Daniel Cohen, Mayra Mendez. (SUBMITTED ATTACHED EXHIBIT A PAGE 84)(ghap) |
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Daniel Cohen, upon Defendant Postmeds, Inc. served on 11/20/2023, answer due 12/11/2023. Service of the Summons and Complaint were executed upon Agent for Service of Process: Corporation Service Company which will do business in California as CSC-Lawyers Incorporating Service, Acting through Client Representative, Koy Saechao in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 12/1/2023 SUBMITTED ATTACHED EXHIBIT A PAGE 9) (ghap) |
Filing 2 CIVIL COVER SHEET filed by Defendant POSTMEDS, INC.. (McCutcheon, Marcus) |
Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, Central, case number 23STCV28038 Receipt No: ACACDC-36611565 - Fee: $405, filed by Defendant POSTMEDS, INC.. (Attachments: #1 Exhibit State Court Proof of Service on Complaint, #2 Exhibit State Court Summons, #3 Exhibit State Court Complaint, #4 Exhibit State Court Civil Case Cover and Addendum, #5 Exhibit State Court Voluntary Efficient Litigation Stipulations Packet, #6 Exhibit State Court General Orders, #7 Exhibit State Court Alternative Dispute Resolution Packet, #8 Exhibit State Court Notice of Assignment, #9 Exhibit State Court Amended Complaint) (Attorney Marcus Shane McCutcheon added to party POSTMEDS, INC.(pty:dft))(McCutcheon, Marcus) |
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