Biltz v. Google, Inc. et al
| Mark Andrew Biltz |
| Google Adwords, Alphabet Inc., Google, Inc. and Sundar Pichai |
| 5:2018cv04094 |
| July 11, 2018 |
| US District Court for the Northern District of California |
| San Jose Office |
| XX US, Outside State |
| Susan van Keulen |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 19, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 54 CERTIFICATE OF SERVICE by Google, Inc. re #53 Stipulation (Willen, Brian) (Filed on 7/19/2018) |
| Filing 53 STIPULATION of Voluntary Dismissal filed by Google, Inc.. (Willen, Brian) (Filed on 7/19/2018) |
Filing 52
ORDER DIRECTING PARTIES TO FILE CONSENT OR DECLINATION TO MAGISTRATE JUDGE. Signed by Judge Susan van Keulen on 7/18/18. Due July 31, 2018. (djmS, COURT STAFF) (Filed on 7/18/2018) (Additional attachment(s) added on 7/18/2018: #1 Certificate/Proof of Service) (djmS, COURT STAFF).
|
| Filing 51 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2018. Initial Case Management Conference set for 10/9/2018 09:30 AM in San Jose, Courtroom 6, 4th Floor. (Filed on 7/11/2018) (Additional attachment(s) added on 7/11/2018: #1 Certificate/Proof of Service) (cv, COURT STAFF). Modified on 7/11/2018 (cv, COURT STAFF). |
| Filing 50 Case transferred in from District of Hawaii; Case Number 1:18-cv-00059. Original file certified copy of transfer order and docket sheet received. |
|
Filing 49
ORDER GRANTING MOTION TO TRANSFER VENUE AND DENYING PLAINTIFF'S MOTION STRIKE re #29 , #33 - Signed by JUDGE DERRICK K. WATSON on 7/6/2018. For the foregoing reasons, the Court GRANTS Google's Motion to Transfer Venue (Dkt. No. 29) and DENIES Biltz's Motion to Strike (Dkt. No. 33). The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of California (San Jose Division). (emt, )COURT'S CERTIFICATE of Service - Mark Andrew Biltz served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on July 6, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
|
| Filing 48 PROOF OF SERVICE re #47 - by Mark Andrew Biltz. (emt, ) |
| Filing 47 Plaintiffs REPLY to Defendant Google LLC's Memorandum in Opposition to #33 Plaintiff's MOTION to Strike #29 Defendant's MOTION to Transfer Venue (Dkt. 33) Filed May 3, 2018 - filed by Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 46 Mail Returned as Undeliverable (re 13 Minute Order). Mail sent to Mark Andrew Biltz at 52 Waiapo Street, Kihei, HI 96753 returned undeliverable. Minute Order resent to Mr. Biltz at P. O. Box 7241Bonney Lake, WA 98391 on May 24, 2018. (emt, ) |
| Filing 45 EO: In light of the district court's 30 EO staying all proceedings, filings, and deadlines in this matter, the Court vacates the Rule 16 Scheduling Conference currently set for 10:00 AM on May 29, 2018, before Magistrate Judge KENNETH J. MANSFIELD. If and when the district court lifts the stay, the Court will set a new Rule 16 Scheduling Conference before Magistrate Judge KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 45 EO vacating the May 29, 2016 Rule 16 Scheduling Conference has been served by First Class Mail to Mark Andrew Biltz at P.O. Box 7241, Bonney Lake, WA 98391 on May 23, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield1) |
| Filing 44 MEMORANDUM in Opposition re #33 MOTION to Strike #29 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Google, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett) |
| Filing 43 REPLY re #29 MOTION to Transfer Venue Pursuant to 28 U.S.C. 1404(a) filed by Google, Inc.. (Attachments: #1 Declaration of Counsel, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Certificate of Service)(Tobin, Brett) |
| Filing 42 PROOF OF SERVICE re #39 - by Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 41 PROOF OF SERVICE re #40 - by Mark Andrew Biltz. (emt, ) |
| Filing 40 NOTICE to the Honorable Court re #33 , #39 - by Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 39 Plaintiff's OPPOSITION to #29 Defendant Google LLC's MOTION to Transfer Venue Pursuant to 28 U.S.C. 1404(a) - filed by Mark Andrew Biltz. Note: The Certificate of Service does not bear the original signature of the process server. (Attachments: #1 Declaration of Mark Andrew Biltz, #2 Certificate of Service, #3 Mailing Documentation) (emt, ) |
| Filing 38 EO: Order Denying Plaintiff's Motion For Reconsideration [Dkt. No. 36]. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - the Courtroom Manager served a copy of #38 Order Denying Plaintiff's Motion For Reconsideration by First Class Mail to Mark Andrew Biltz at the address of record on 5/9/2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 37 PROOF OF SERVICE re #36 - by Mark Andrew Biltz. (emt, ) |
| Filing 36 MOTION for Reconsideration of this Honorable Courts Order - Docket # 30 and # 32 - by Plaintiff Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 35 EO: On May 3, 2018, Plaintiff filed his opposition [Dkt. No. 33] to Defendant's April 27, 2018 Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) [Dkt. No. 29]. In the document, Plaintiff argues that "the Motion to Transfer should be struck, with prejudice," for reasons asserted therein. Opp'n at 2, Dkt. No. 33. The Court construes this document as both a memorandum in opposition and as a separate motion to strike. Pursuant to Local Rule 7.2(d), the Court elects to decide the motion to strike [Dkt. No. 33] without a hearing and sets forth the following briefing schedule: opposition shall be filed no later than May 18, 2018; Plaintiff's optional reply shall be filed no later than May 25, 2018. Existing briefing deadlines regarding the Motion to Transfer Venue [Dkt. No. 29] remain unchanged. See Entering Order, Dkt. No. 31. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 35 has been served by First Class Mail upon Mark Anderw Biltz to the address of record on May 7, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 34 PROOF OF SERVICE re #33 - by Mark Andrew Biltz. (emt, ) |
| Filing 33 OPPOSITION to #29 Defendant Google LLC's MOTION to Transfer Venue Pursuant to 28 U.S.C. 1404(a) & MOTION to Strike With Prejudice This Same Motion - by Plaintiff Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 32 EO: In light of the district court's April 27, 2018 Entering Order ("Order") staying all proceedings, filings, and deadlines in this matter, the Court clarifies for the parties that the Opposition and Reply deadlines in connection with #26 Plaintiff's Motion for Sanctions filed April 25, 2018, are STAYED pursuant to the district court's Order. This Court will issue new deadlines regarding the Motion for Sanction if and when the district court lifts the stay. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 32 EO regarding the STAY of briefing deadlines related to #26 Plaintiff's Motion for Sanctions has been served by First Class Mail to Mark Andrew Biltz at P. O. Box 7241, Bonney Lake, WA 98391 on April 30, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield1) |
| Filing 31 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #29 Defendant Google LLC's Motion To Transfer Venue Pursuant To 28 U.S.C. 1404(a) without a hearing and sets the following briefing schedule: opposition shall be filed no later than May 11, 2018; reply shall be filed no later than May 18, 2018. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 30 EO: On April 19, 2018, Defendants filed a Motion to Stay the Action Pending Defendant's Forthcoming Motion to Transfer (Dkt. No. 22), requesting a brief stay of this action, including the impending May 4, 2018 deadline to respond to Plaintiff's Amended Complaint. Mem. in Supp. of Mot. to Stay at 2, 3, Dkt. No. 22-1. Plaintiff filed his Opposition to the Motion to Stay on April 25, 2018 (Dkt. No. 24), and Defendants filed the referenced Motion to Transfer Venue on April 27, 2018 (Dkt. No. 29). See Entering Order, Dkt. No. 23. In the interest of efficiency, in order to conserve judicial resources and to assist the parties in determining where, and under what rules, this matter is to proceed, the Motion to Stay is GRANTED. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) ("[T]he power to stay proceedings is incidental to power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants."). All proceedings, filings, and deadlines in this matter are hereby stayed, except as they relate to the Motion to Transfer. This Stay shall only remain in effect until adjudication of the Motion to Transfer Venue (Dkt. No. 29), at which time the Court will reset any deadlines and hearings, as appropriate. IT IS SO ORDERED. (tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 29 MOTION to Transfer Venue Pursuant to 28 U.S.C. 1404(a) Brett R. Tobin appearing for Defendant Google, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Brian M. Willen, #3 Declaration of Janko Altenschmidt, #4 Declaration of Jon Cross, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Certificate of Service)(Tobin, Brett) Modified on 5/10/2018 (emt, ). |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 31 has been served by First Class Mail to Mark Andrew Biltz at the address of record on April 27, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 30 has been served by First Class Mail to Mark Andrew Biltz at the address of record on April 27, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 28 EO: The Court elects to decide #26 Plaintiff's Motion for Sanctions without a hearing pursuant Local Rules 7.2(d) and 7.4. Defendant Google may file an Opposition to the Motion for Sanctions by no later than May 9, 2018. Plaintiff may file a Reply by no later than May 29, 2018. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 28 EO setting #26 Motion for Sanctions as a non-hearing motion, and providing the Opposition and Reply deadlines has been served by First Class Mail to Mark Andrew Biltz at P.O. Box 7241, Bonney Lake, WA 98391 on April 26, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield1) |
| Filing 27 CERTIFICATE OF SERVICE re #26 - by Mark Andrew Biltz. (emt, ) |
| Filing 26 MOTION for Sanctions - by Plaintiff Mark Andrew Biltz. (emt, ) |
| Filing 25 CERTIFICATE OF SERVICE - by Mark Andrew Biltz. (emt, ) |
| Filing 24 OPPOSITION to #22 Defendants MOTION to Stay - filed by Mark Andrew Biltz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Mailing Documentation) (emt, ) |
| Filing 23 EO: Pursuant to Local Rules 7.2(d) and 7.4, the Court elects to decide Defendants' Motion to Stay (Dkt. No. 22) without a hearing on an expedited briefing schedule. Plaintiff may file a response to the Motion to Stay by no later than April 27, 2018, with no further briefing permitted. Thereafter, the Court will rule on the Motion to Stay without a hearing. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 23 has been served by First Class Mail to Mark Andrew Biltz at the address of record on April 20, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 22 MOTION to Stay The Action Pending Defendant's Forthcoming Motion to Transfer Brett R. Tobin appearing for Defendant Google, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Certificate of Service)(Tobin, Brett) |
|
Filing 21
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO BRIAN M. WILLEN re #20 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 4/9/2018. (emt, )COURT'S CERTIFICATE of Service - Mark Andrew Biltz shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 10, 2018. All other participants served via CM/ECF to the e-mail addresses listed on the Notice of Electronic Filing (NEF).
|
| Filing 20 MOTION for Pro Hac Vice - Brian M. Willen Filing fee $ 300, receipt number 0975-2013986.Brett R. Tobin appearing for Defendant Google, Inc. (Attachments: #1 Exhibit Attachment 1, #2 Certificate of Service)(Tobin, Brett) |
| Filing 19 Corporate Disclosure Statement by Google, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett) |
| Filing 18 CERTIFICATE OF SERVICE by Google, Inc. Re Notice Appearance of Counsel (Tobin, Brett) |
| Filing 17 NOTICE of Appearance by Brett R. Tobin on behalf of Google, Inc. on behalf of Google, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett) |
| Filing 16 EO: Pursuant to 13 , the Court continues the Rule 16 Scheduling Conference scheduled for 9:30 AM on April 16, 2018, to 9:30 AM on May 29, 2018, before Magistrate Judge KENNETH J. MANSFIELD. (Magistrate Judge KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - In light of #14 Notice of Address Change, a copy of 13 Order denying Plaintiff's "Notice to the Court of Defendants [sic] Failure to Comply & Motion for Sanctions" and 16 EO continuing the Rule 16 Scheduling Conference in this action to 9:30 AM on May 29, 2018, has been served by First Class Mail to Mark Andrew Biltz at P.O. Box 7241, Bonney Lake, WA 98391. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield1) |
| Filing 15 PROOF OF SERVICE re #14 - by Mark Andrew Biltz. (emt, ) |
| Filing 14 NOTICE of (Temporary) Address Change - by Mark Andrew Biltz. (Attachments: #1 Mailing Documentation) (emt, ) |
|
Filing 13
Plaintiff Mark Andrew Biltz ("Plaintiff") filed a "Notice to the Court of Defendants [sic] Failure to Comply & Motion for Sanctions" ("Motion") on March 28, 2018. See ECF No. 11. Plaintiff contends that Defendants have failed to meet with Plaintiff as required under Federal Rule of Civil Procedure 26(f), which requires a conference between the parties at least 21 days before a scheduling conference. Plaintiff thus requests sanctions against Defendants.The Rule 16 Scheduling Conference is currently set for April 16, 2018. See ECF No. 5. Plaintiff filed his amended complaint on February 27, 2018 ("First Amended Complaint"). See ECF No. 7. On that same day, the district court issued its Order Directing Service of First Amended Complaint ("Order"), which explained that the U.S. Marshal would serve the First Amended Complaint and summonses on Defendants as directed by Plaintiff. ECF No. 8 at 10-11. The Order explained that Plaintiff would receive a letter from the Clerk's Office with forms that he was required to complete as directed, and that he was required to submit these forms to the U.S. Marshal to properly serve Defendants. Id. at 11. The district court also explicitly stated in its Order: "Plaintiff SHALL NOT FILE, and the court will take no action on, motions or requests to the court" until the First Amended Complaint had been served and Defendants or their attorneys file a notice of appearance. Id. at 13.The Clerk's Office sent the forms to Plaintiff on February 28, 2018. To date, there is no evidence that any of the Defendants in this action have been served. Nor have any of the Defendants or their attorneys appeared in this action. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff has 90 days from February 27, 2018, to serve the Defendants. Thereafter, Defendants have 21 days to answer the complaint. See Fed. R. Civ. P. 12(a). In light of the district court's February 27, 2018 Order, the lack of any evidence that Plaintiff has indeed served any of the Defendants, and because none of the Defendants have appeared in this action, the Court DENIES Plaintiff's Motion. In addition, the Court continues the Rule 16 Scheduling Conference to May 29, 2018, to allow Plaintiff sufficient time to serve the First Amended Complaint, and to allow Defendants sufficient time to respond to the First Amended Complaint. Pursuant to LR16.2(b), the parties' Scheduling Conference Statements are due on May 22, 2018. Signed by Magistrate Judge KENNETH J. MANSFIELD on 04/02/2018. (mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
| COURT'S CERTIFICATE of Service - a copy of 13 Order denying Plaintiff's "Notice to the Court of Defendants [sic] Failure to Comply & Motion for Sanctions" has been served by First Class Mail to the address of record for Mark Biltz on April 2, 2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield1) |
| Filing 12 PROOF OF SERVICE re #11 - by Mark Andrew Biltz. (emt, ) |
| Filing 11 Notice to the Court of Defendants Failure to Comply & MOTION for Sanctions - by Plaintiff Mark Andrew Biltz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (emt, ) |
| Filing 10 Letter from the Clerk's Office to Plaintiff Mark Andrew Biltz, re #8 ORDER DIRECTING SERVICE OF FIRST AMENDED COMPLAINT, dated February 28, 2018. (emt, ) |
| Filing 9 Summons Issued as to Google, Inc., Google AdWords, Sundar Pichai, Alphabet, Inc. re #7 . (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of #8 ORDER DIRECTING SERVICE OF FIRST AMENDED COMPLAINT has been served by First Class Mail to Plaintiff Mark Andrew Biltz on February 28, 2018. The following documents were included in the mailing to Mr. Biltz: 1) Four (4) certified copies First Amended Complaint; Rule 16 Scheduling Order affixed; 2) Four (4) copies of the issued summons; 3) Four (4) Notice of Lawsuit and Request for Waiver of Service form (AO 398) and eight (8) Waiver of Service of summons form (AO 399); 4) Four (4) USM-285 forms. A certified copy of the #8 ORDER DIRECTING SERVICE OF FIRST AMENDED COMPLAINT was forwarded to the U.S. Marshals Service through interoffice delivery. (emt, ) |
|
Filing 8
ORDER DIRECTING SERVICE OF FIRST AMENDED COMPLAINT re #7 - Signed by JUDGE DERRICK K. WATSON on 2/27/2018. "The Clerk's Office is directed to send to Biltz for each Defendant to be served: one copy of the endorsed First Amended Complaint (if he has not already received a copy), one summons, one USM-285 form, one Notice of Lawsuit and Request for Waiver of Service for Summons form (AO 398), two (2) Waiver of Service of Summons forms (AO 399), and an instruction sheet. Biltz shall complete the forms as directed and submit these documents to the U.S. Marshal in Honolulu, Hawaii." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Mark Andrew Biltz shall be served by first class mail to the address of record on February 28, 2018. A certified copy of this order shall be provided to the U.S. Marshals Service through interoffice delivery.
|
| Filing 7 Plaintiffs AMENDED COMPLAINT for Fraud & Breach of Contract; Jury Trial Demanded against Google, Inc., Google AdWords, Sundar Pichai, Alphabet, Inc., Does 1-50 - filed by Mark Andrew Biltz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit J, #18 Transmittal Letter from Mark Biltz, dated February 21, 2018) (emt, ) |
|
Filing 6
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; AND (2) DISMISSING COMPLAINT IN PART WITH LEAVE TO AMEND re #1 , #3 - Signed by JUDGE DERRICK K. WATSON on 2/20/2018. "Based upon the foregoing, Biltz's IFP Application is GRANTED (Dkt. No. #3 ), and the Complaint is DISMISSED in part with leave to amend Counts II (fraud) and III (IIED). Dkt. No. #1 . If Biltz fails to file an amended complaint in accordance with the terms of this Order by March 14, 2018 , the Complaint will remain the operative pleading, and the Court will issue an order directing service." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Mark Andrew Biltz shall be served by first class mail to the address of record on February 21, 2018.
|
| COURT'S CERTIFICATE of Service - a copy of #5 Order Setting Rule 16 Scheduling Conference, has been served by First Class Mail to Mark Andrew Biltz at the address of record on February 16, 2018 (filed copies of the Complaint returned to Mr. Biltz in this mailing). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) Modified on 2/20/2018 (emt, ). |
|
Filing 5
Order Setting Rule 16 Scheduling Conference for 09:30AM on 4/16/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/14/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )
|
| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees and Costs - by Plaintiff Mark Andrew Biltz. (emt, ) Modified on 2/20/2018 (emt, ). |
| Filing 2 CIVIL Cover Sheet - by Mark Andrew Biltz. (emt, ) Modified on 2/20/2018 (emt, ). |
| Filing 1 COMPLAINT for Fraud, Breach of Contract, Intentional Infliction of Emotional Distress against All Defendants - filed by Mark Andrew Biltz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Mailing Documentation) (emt, ) Modified on 2/20/2018 to correct Plaintiff's last name (emt, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
