Esguerra-Aguilar, Inc., et al v. Shapes Franchising, LLC et al
Plaintiff: Esguerra-Aguilar, Inc. and Avi Minkoff
Defendant: David Schaefers, Debbie Harris, Rory Odwyer, Shapes Franchising, LLC and Scott Weber
Case Number: 5:2020cv00574
Filed: January 25, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Beth Labson Freeman
Nature of Suit: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2020 Filing 12 WAIVER OF SERVICE Returned Executed filed by Esguerra-Aguilar, Inc., Avi Minkoff. Service waived by All Defendants. (Schweickert, Christopher) (Filed on 3/4/2020)
February 12, 2020 Opinion or Order Filing 11 ORDER GRANTING MOTION #10 FOR ADMISSION OF ATTORNEY PRO HAC VICE (HIMANSHU M. PATEL). Signed by Judge Beth Labson Freeman on 2/12/2020. (blflc3S, COURT STAFF) (Filed on 2/12/2020) Modified on 2/12/2020 (blflc3S, COURT STAFF).
February 12, 2020 Filing 10 First MOTION for leave to appear in Pro Hac Vice Himanshu Patel ( Filing fee $ 310, receipt number 0971-14172098.) filed by Esguerra-Aguilar, Inc., Avi Minkoff. (Attachments: #1 Exhibit Certificate of Good Standing)(Patel, Himanshu) (Filed on 2/12/2020)
February 11, 2020 Filing 9 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Case Management Statement due by 5/7/2020. Initial Case Management Conference set for 5/14/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 2/11/2020)
February 10, 2020 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 2/10/2020. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 2/10/2020)
February 10, 2020 Filing 7 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 2/10/2020)
February 10, 2020 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Esguerra-Aguilar, Inc., Avi Minkoff.. (Schweickert, Christopher) (Filed on 2/10/2020)
January 27, 2020 Filing 5 Summons Issued as to Debbie Harris, Rory Odwyer, David Schaefers, Shapes Franchising, LLC, Scott Weber. (sfbS, COURT STAFF) (Filed on 1/27/2020)
January 27, 2020 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/22/2020. Initial Case Management Conference set for 4/29/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 1/27/2020)
January 27, 2020 Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/10/2020. (sfbS, COURT STAFF) (Filed on 1/27/2020)
January 25, 2020 Filing 2 Proposed Summons. (Schweickert, Christopher) (Filed on 1/25/2020)
January 25, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14107341.) Filed by ESGUERRA-AGUILAR, INC., a California corporation, AVI MINKOFF. (Attachments: #1 Exhibit A - Esguerra-Aguilar Franchise Agreement, #2 Exhibit B - Minkoff Franchise Agreement, #3 Exhibit C - 2017 Franchise Disclosure Document, #4 Exhibit D - Introduction Powerpoint, #5 Exhibit E - Advertising Powerpoint, #6 Exhibit F - Shapes Pro-forma, #7 Civil Cover Sheet)(Schweickert, Christopher) (Filed on 1/25/2020) Modified on 1/27/2020 (sfbS, COURT STAFF).

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Defendant: David Schaefers
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Defendant: Debbie Harris
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Defendant: Rory Odwyer
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Defendant: Shapes Franchising, LLC
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Defendant: Scott Weber
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Plaintiff: Esguerra-Aguilar, Inc.
Represented By: Christopher James Schweickert
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Plaintiff: Avi Minkoff
Represented By: Christopher James Schweickert
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