Danielle Frankina et al v. Big O Tires, Inc. et al
| Thomas Frankina, Danielle Frankina and Moondance, Inc. |
| Does 1-25, Big O Tires, Inc. and Big O Tires, LLC |
| Mohamed Poonja and Fred Hjelmeset |
| 5:2013cv03186 |
| July 10, 2013 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Clara |
| Edward J Davila |
| Howard R Lloyd |
| Franchise |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 7, 2014. A more recent docket listing may be available from PACER.
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Filing 42
ORDER GRANTING #41 Stipulation for Voluntary Dismissal filed by Mohamed Poonja. The Clerk shall close this file. ***7/11/2014 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 7/72014. (ecg, COURT STAFF) (Filed on 7/7/2014)
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| Filing 41 STIPULATION of Voluntary Dismissal filed by Mohamed Poonja. (Herman, Diana) (Filed on 7/3/2014) |
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Filing 40
Order Granting #38 Stipulation to Continue Motion Hearing for Judgment on the Pleadings and Case Management Conference. Signed by Hon. Edward J. Davila on 4/21/2014.(ecg, COURT STAFF) (Filed on 4/21/2014)
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| Set/Reset Deadlines/Hearings re #40 Stipulation: Motion Hearing re Judgment on the Pleadings set for 7/11/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 7/7/2014. Case Management Conference set for 7/11/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 4/21/2014) |
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Filing 39
ORDER DIRECTING CLERK TO REOPEN CASE. The court finds its previous instruction to close the case was in error. Accordingly, the clerk is directed to reopen this case. Signed by Judge Edward J. Davila on 4/17/2014. (ejdlc1S, COURT STAFF) (Filed on 4/17/2014)
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| Filing 38 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference, Hearing of Motion for Judgment on the Pleadings, and Other Proceedings filed by Moondance, Inc.. (Attachments: #1 Proposed Order)(Herman, Diana) (Filed on 4/17/2014) |
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Filing 37
ORDER GRANTING #36 Stipulation of Dismissal filed by Fred Hjelmeset, Trustee. Signed by Judge Edward J. Davila on 4/11/2014. (ecg, COURT STAFF) (Filed on 4/11/2014) Modified text on 4/17/2014 (ecg, COURT STAFF).
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| Filing 36 STIPULATION of Voluntary Dismissal by Plaintiffs Danielle Frankina and Thomas Frankina filed by Fred Hjelmeset. (Linchey, Daniel) (Filed on 4/10/2014) |
| Filing 35 ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 4/10/2014) |
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Filing 34
Order Granting #33 Motion to Continue #11 Motion for Judgment on the Pleadings and Case Management Conference. Signed by Hon. Edward J. Davila on 2/14/2014.(ecg, COURT STAFF) (Filed on 2/14/2014)
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| Filing 33 MOTION to Continue Stipulated Motion to Continue Case Management, Hearing of Motion for Judgment on the Pleadings, and Other Proceedings filed by Big O Tires, LLC. (Attachments: #1 Proposed Order)(Eckelberry, Rodger) (Filed on 2/14/2014) |
| Set/Reset Deadlines as to #11 MOTION for Judgment on the Pleadings : Motion Hearing set for 4/25/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 4/18/2014. Case Management Conference set for 4/25/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 2/14/2014) |
| Filing 32 NOTICE of Change of Address by Teresa Carey Chow (Chow, Teresa) (Filed on 1/16/2014) |
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Filing 31
Order Granting #30 Motion to Substitute Attorney. Attorney Kathryn S. Diemer terminated as to Moondance, Inc. Signed by Hon. Edward J. Davila on 1/9/2014. (ecg, COURT STAFF) (Filed on 1/9/2014)
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| Filing 30 Amended MOTION to Substitute Attorney filed by Moondance, Inc.. (Herman, Diana) (Filed on 1/8/2014) |
| Filing 29 CLERKS NOTICE RE DEFICIENCY of #28 (cv, COURT STAFF) (Filed on 1/7/2014) |
| Filing 28 *** CLERKS NOTICE RE DEFICIENCY *** NOTICE of Substitution of Counsel by Diana Donabedian Herman (Amended) (Herman, Diana) (Filed on 1/7/2014) Modified on 1/7/2014 (cv, COURT STAFF). |
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Filing 27
Order Granting #26 Stipulation to Continue Motion hearing date and Case Management Conference. Signed by Hon. Edward J. Davila on 1/7/2014.(ecg, COURT STAFF) (Filed on 1/7/2014)
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| Set/Reset Deadlines as to #11 MOTION for Judgment on the Pleadings : Motion Hearing set for 2/21/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Case Management Conference set for 2/21/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose. (ecg, COURT STAFF) (Filed on 1/7/2014) |
| Filing 26 STIPULATION WITH PROPOSED ORDER re #22 Order on Stipulation to Continue Case Management Conference, Hearing of Motion for Judgment on the Pleadings, and Other Proceedings filed by Moondance, Inc.. (Attachments: #1 Proposed Order)(Fillerup, Jeffrey) (Filed on 1/2/2014) |
| Filing 25 NOTICE of Appearance by Jeffrey L. Fillerup (Fillerup, Jeffrey) (Filed on 1/2/2014) |
| Filing 24 NOTICE by Moondance, Inc. re #23 MOTION to Substitute Attorney Notice of Trustee's Election to Appear on Behalf of Plaintiff Moondance, Inc. (Herman, Diana) (Filed on 1/2/2014) |
| Filing 23 NOTICE of Substitution of Counsel by Diana Donabedian Herman (Herman, Diana) (Filed on 12/20/2013) Modified on 12/20/2013,(counsel selected incorrect event.) (cv, COURT STAFF). |
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Filing 22
Order Granting #21 Stipulation to Continue Case Management Conference. Signed by Hon. Edward J. Davila on 10/11/2013.(ecg, COURT STAFF) (Filed on 10/11/2013)
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| Filing 21 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Stay Proceedings filed by Big O Tires, LLC. (Attachments: #1 Proposed Order)(Eckelberry, Rodger) (Filed on 10/8/2013) |
| Filing 20 REPLY (re #11 MOTION for Judgment on the Pleadings ) filed byBig O Tires, LLC. (Attachments: #1 Exhibit A - Frankina Bankruptcy Notice of Continued Hearing)(Eckelberry, Rodger) (Filed on 8/22/2013) |
| Filing 19 RESPONSE (re #11 MOTION for Judgment on the Pleadings ) with Certificate of Service filed byDanielle Frankina, Thomas Frankina, Moondance, Inc.. (Sopko, Dominique) (Filed on 8/15/2013) |
| Filing 18 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE AND MOTION FOR HEARING. Set/Reset Deadlines as to #11 MOTION for Judgment on the Pleadings : Briefing remains as previously set unless otherwise modified by the Court. Motion Hearing set for 1/10/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 10/18/2013. Case Management Conference set for 10/25/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 8/12/2013) Modified text on 8/12/2013 (ecg, COURT STAFF). |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings and Magistrate Judge Howard R. Lloyd for all discovery matters. Signed by The Executive Committee on 8/9/2013. (gmS, ) (Filed on 8/9/2013)
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| Filing 16 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 8/8/2013) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Danielle Frankina, Thomas Frankina, Moondance, Inc... (Sopko, Dominique) (Filed on 8/8/2013) |
| Filing 14 STIPULATION WITH PROPOSED ORDER re #11 MOTION for Judgment on the Pleadings filed by Big O Tires, LLC. (Attachments: #1 Proposed Order)(Eckelberry, Rodger) (Filed on 8/7/2013) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Big O Tires, LLC.. (Eckelberry, Rodger) (Filed on 8/1/2013) |
| Filing 12 CLERK'S NOTICE Re Deadline for Consent or Declination to Proceed Before a United States Magistrate Judge. The parties are reminded that this case has been randomly assigned to a magistrate judge for all purposes, including trial. Pursuant to Civil Local Rule 73-1, no later than August 8, 2013, each party that has not already done so must file either a (1) Consent to Proceed Before a United States Magistrate Judge or (2) Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge. The forms are available from the Clerk of the Court and on the courts website at http://cand.uscourts.gov. Each party is free to decline to proceed before a magistrate judge and to request reassignment to a district judge without adverse substantive consequences. Fed. R. Civ. P. 73(b)(2). THIS IS A TEXT-ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (hrllc2, COURT STAFF) (Filed on 8/1/2013) |
| Filing 11 MOTION for Judgment on the Pleadings filed by Big O Tires, LLC. Motion Hearing set for 9/17/2013 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 8/15/2013. Replies due by 8/22/2013. (Attachments: #1 Declaration of Kristen Wagner, #2 Exhibit A - Moondance Bankruptcy Petition, #3 Exhibit B - Moondance Bankruptcy Amended Schedule F, #4 Exhibit C - Moondance Bankruptcy Report of No Distribution, #5 Exhibit D - Moondance Bankruptcy Final Decree, #6 Exhibit E - Frankina Bankruptcy Petition, #7 Exhibit F - Moondance Corporate Suspension, #8 Exhibit G - Moondance Bankruptcy Thomas Frankina Declaration, #9 Exhibit H - Moondance Bankruptcy Danielle Frankina Declaration, #10 Exhibit I - Franchise Offering Circular Part 1 of 6, #11 Exhibit I - Franchise Offering Circular Part 2 of 6, #12 Exhibit I - Franchise Offering Circular Part 3 of 6, #13 Exhibit I - Franchise Offering Circular Part 4 of 6, #14 Exhibit I - Franchise Offering Circular Part 5 of 6, #15 Exhibit I - Franchise Offering Circular Part 6 of 6, #16 Exhibit J - Frankina Bankruptcy Plan, #17 Proposed Order)(Eckelberry, Rodger) (Filed on 8/1/2013) |
| Filing 10 NOTICE by Big O Tires, LLC of Corporate Disclosure Statement (Eckelberry, Rodger) (Filed on 7/17/2013) |
| Filing 9 ANSWER to Complaint and Defenses byBig O Tires, LLC. (Attachments: #1 Declaration of Jolen Medwid in Support of Answer and Defenses of Defendant Big O Tires, LLC, #2 Exhibit A to Declaration - Franchise Agreement)(Eckelberry, Rodger) (Filed on 7/17/2013) |
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Filing 8
ORDER by Magistrate Judge Howard R. Lloyd granting #6 Motion for Pro Hac Vice as to Trischa Snyder Chapman. (hrllc2, COURT STAFF) (Filed on 7/12/2013)
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Filing 7
ORDER by Magistrate Judge Howard R. Lloyd granting #5 Motion for Pro Hac Vice as to Rodger L. Eckelberry. (hrllc2, COURT STAFF) (Filed on 7/12/2013)
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| Filing 6 MOTION for leave to appear in Pro Hac Vice of Trischa Snyder Chapman ( Filing fee $ 305, receipt number 0971-7842005.) filed by Big O Tires, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Chapman, Trischa) (Filed on 7/12/2013) |
| Filing 5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7842003.) filed by Big O Tires, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Eckelberry, Rodger) (Filed on 7/12/2013) |
| Filing 4 ADR SCHEDULING ORDER: Case Management Statement due by 10/8/2013. Case Management Conference set for 10/15/2013 01:30 PM in Courtroom 2, 5th Floor, San Jose. (Attachments: #1 Standing Order)(dhmS, COURT STAFF) (Filed on 7/10/2013) |
| Filing 3 Declaration of Jolen Medwid in Support of #1 Removal of Civil Action to Federal Court filed by Big O Tires, LLC. (Related document(s) #1 ) (dhmS, COURT STAFF) (Filed on 7/10/2013) |
| Filing 2 Certification of Interested Entities or Persons by Big O Tires, LLC identifying Other Affiliate TBC Shared Services, Inc. for Big O Tires, LLC. (dhmS, COURT STAFF) (Filed on 7/10/2013) |
| Filing 1 NOTICE OF REMOVAL from Superior Court, County of Santa Clara. Their case number is 113CV247486., No process (Filing fee $400 receipt number 54611013898). Filed by Big O Tires, LLC. (Attachments: #1 Exhibits A thru C, #2 Exhibit D, #3 Civil Cover Sheet)(dhmS, COURT STAFF) (Filed on 7/10/2013) |
| CASE DESIGNATED for Electronic Filing. (dhmS, COURT STAFF) (Filed on 7/10/2013) |
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