Malley v. San Jose Midtown Development LLC et al
| Gregory Malley |
| Thomas Malgesini, Sangeeth Peruri, San Jose Midtown Development LLC, DOES, Ashish Patel, Peruri Capital Partners, LLC, Four Gates Capital, LLC and Procurator Holdings, LLC |
| 5:2020cv01925 |
| March 18, 2020 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Virginia K DeMarchi |
| Susan van Keulen |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 102
MANDATE of USCA as to #95 Notice of Appeal to the Ninth Circuit filed by Gregory Malley, #96 Notice of Appeal to the Ninth Circuit, filed by Thomas Malgesini, Peruri Capital Partners, LLC, Four Gates Capital, LLC, San Jose Midtown Development LLC, Procurator Holdings, LLC, Ashish Patel, Sangeeth Peruri (ecg, COURT STAFF) (Filed on 3/21/2023)
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Filing 101
USCA Memorandum as to #96 Notice of Appeal to the Ninth Circuit, case no. 22-15190 filed by Thomas Malgesini, Peruri Capital Partners, LLC, Four Gates Capital, LLC, San Jose Midtown Development LLC, Procurator Holdings, LLC, Ashish Patel, Sangeeth Peruri. (jlg, COURT STAFF) (Filed on 3/3/2023)
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Filing 100
USCA Case Number 22-15190 and 22-15191 USCA for #95 Notice of Appeal to the Ninth Circuit filed by Gregory Malley, #96 Notice of Appeal to the Ninth Circuit, filed by Thomas Malgesini, Peruri Capital Partners, LLC, Four Gates Capital, LLC, San Jose Midtown Development LLC, Procurator Holdings, LLC, Ashish Patel, Sangeeth Peruri. (bw, COURT STAFF) (Filed on 2/8/2022)
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Filing 99
USCA Scheduling Order as to #95 . DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC Mediation Questionnaire due on 02/15/2022. First cross appeal brief due 04/11/2022 for Gregory Malley. Second brief on cross appeal due 05/11/2022 for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC. Third brief on cross appeal due 06/13/2022 for Gregory Malley. Optional cross appeal Reply brief for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC is due within 21 days of service of Third brief on cross appeal Notice of Appeal to the Ninth Circuit filed by Gregory Malley. (bw, COURT STAFF) (Filed on 2/8/2022)
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Filing 98
USCA Case Number 22-15190 USCA for #96 Notice of Appeal to the Ninth Circuit, filed by Thomas Malgesini, Peruri Capital Partners, LLC, Four Gates Capital, LLC, San Jose Midtown Development LLC, Procurator Holdings, LLC, Ashish Patel, Sangeeth Peruri. (bw, COURT STAFF) (Filed on 2/8/2022)
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Filing 97
USCA Scheduling Order. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Gregory Malley Mediation Questionnaire due on 02/15/2022. Appellant Gregory Malley opening brief due 04/11/2022. Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC answering brief due 05/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. as to #96 Notice of Appeal to the Ninth Circuit, filed by Thomas Malgesini, Peruri Capital Partners, LLC, Four Gates Capital, LLC, San Jose Midtown Development LLC, Procurator Holdings, LLC, Ashish Patel, Sangeeth Peruri. (bw, COURT STAFF) (Filed on 2/8/2022)
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Filing 96
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Appeal fee of $505 receipt number ACANDC-16880765 paid.) 22-15190 (Ortiz, Dinah) (Filed on 2/7/2022) Modified on 3/3/2023 (jlg, COURT STAFF).
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Filing 95
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Gregory Malley. Appeal of Judgment #94 (Appeal fee of $505 receipt number ACANDC-16880752 paid.) (Dutta, Gautam) (Filed on 2/7/2022)
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Filing 94
AMENDED JUDGMENT. Signed by Judge Edward J. Davila on January 6, 2022. (ejdlc2, COURT STAFF) (Filed on 1/6/2022)
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Filing 93
AMENDED ORDER granting Defendants' motion to dismiss. Signed by Judge Edward J. Davila on January 6, 2022. (ejdlc2, COURT STAFF) (Filed on 1/6/2022)
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Filing 92
ORDER granting #80 Motion to Alter Judgment; denying #81 Motion for Attorney Fees. Signed by Judge Edward J. Davila on January 6, 2022. (ejdlc2, COURT STAFF) (Filed on 1/6/2022)
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Filing 91
OBJECTIONS to re #90 Request for Judicial Notice in Opposition to Defendants' Motion for Attorneys' Fees by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Ortiz, Dinah) (Filed on 8/20/2021)
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Filing 90
Request for Judicial Notice re #81 MOTION for Attorney Fees filed byGregory Malley. (Attachments: #1 Declaration of Gautam Dutta)(Related document(s) #81 ) (Dutta, Gautam) (Filed on 8/19/2021)
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Filing 89
(Text Only) CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Alter Judgment(Docket Item No. #80 ) and Motion for Attorney Fees (Docket Item No. #81 ) before Judge Edward J. Davila previously noticed for 8/19/2021 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 8/19/2021 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motions. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 8/11/2021)
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Filing 88
Declaration of Mark V. Boennighausen in Support of #87 Reply to Opposition/Response, Motion for Attorney Fees filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Attachments: #1 Exhibit A)(Related document(s) #87 ) (Holland, Andrew) (Filed on 6/16/2021)
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Filing 87
REPLY (re #81 MOTION for Attorney Fees ) filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 6/16/2021)
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Filing 86
OPPOSITION/RESPONSE (re #81 MOTION for Attorney Fees ) filed byGregory Malley. (Attachments: #1 Declaration of Gautam Dutta)(Dutta, Gautam) (Filed on 6/4/2021)
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Filing 85
REPLY (re #80 MOTION to Alter Judgment ) filed byGregory Malley. (Dutta, Gautam) (Filed on 5/26/2021)
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Filing 84
OPPOSITION/RESPONSE (re #80 MOTION to Alter Judgment ) DEFENDANTS' OPPOSITION TO PLAINTIFFS MOTION TO AMEND THE COURTS APRIL 8, 2021 JUDGMENT filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 5/19/2021)
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Filing 83
Declaration of Mark V. Boennighausen in Support of #81 MOTION for Attorney Fees filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (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)(Related document(s) #81 ) (Holland, Andrew) (Filed on 5/7/2021)
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Filing 82
Brief re #81 MOTION for Attorney Fees filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Related document(s) #81 ) (Holland, Andrew) (Filed on 5/7/2021)
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Filing 81
MOTION for Attorney Fees filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. Motion Hearing set for 8/19/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 6/4/2021. Replies due by 6/18/2021. (Holland, Andrew) (Filed on 5/7/2021)
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Filing 80
MOTION to Alter Judgment filed by Gregory Malley. Motion Hearing set for 8/19/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 5/19/2021. Replies due by 5/26/2021. (Dutta, Gautam) (Filed on 5/5/2021)
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Filing 79
Order Granting #78 Stipulation Regarding Briefing Schedule for Defendants' Motion for Attorney's Fees. Signed by Judge Edward J. Davila on 04/20/2021. (ejdlc2S, COURT STAFF) (Filed on 4/20/2021)
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Filing 78
STIPULATION WITH PROPOSED ORDER re #77 Judgment filed by Gregory Malley. (Dutta, Gautam) (Filed on 4/19/2021)
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Filing 77
JUDGMENT. Signed by Judge Edward J. Davila on 04/08/2021. (ejdlc2S, COURT STAFF) (Filed on 4/8/2021)
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Filing 76
ORDER Granting #60 , #63 Motions to Dismiss. Signed by Judge Edward J. Davila on 04/08/2021. (ejdlc2S, COURT STAFF) (Filed on 4/8/2021)
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Filing 75
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 4/15/2021 is HEREBY CONTINUED to 5/6/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 4/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 4/5/2021)
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Filing 74
CLERK'S NOTICE TAKING MOTIONS UNDER SUBMISSION AND VACATING FEBRUARY 25, 2021 HEARING. The February 25, 2021 hearing on #60 MOTION to Dismiss and #63 MOTION to Dismiss is VACATED. The Court takes the matters under submission without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 2/18/2021)
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Filing 73
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 12/17/2020 is HEREBY CONTINUED to 4/15/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 4/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 12/8/2020)
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Filing 72
CASE MANAGEMENT STATEMENT (Corrected) filed by Gregory Malley. (Dutta, Gautam) (Filed on 12/7/2020)
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Filing 71
CASE MANAGEMENT STATEMENT (Joint) filed by Gregory Malley. (Dutta, Gautam) (Filed on 12/7/2020)
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Filing 70
REPLY (re #63 MOTION to Dismiss ) DEFENDANTS SAN JOSE MIDTOWN DEVELOPMENT LLC, ASHISH PATEL AND THOMAS MALGESINIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed byThomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. (Ortiz, Dinah) (Filed on 11/27/2020)
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Filing 69
REPLY (re #60 MOTION to Dismiss ) DEFENDANTS RESPONSE TO PLAINTIFFS OBJECTION TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTIONS TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) AND 12(b)(1); DECLARATION OF MARK V. BOENNIGHAUSEN filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Ortiz, Dinah) (Filed on 11/27/2020)
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Filing 68
REPLY (re #60 MOTION to Dismiss ) DEFENDANTS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) AND 12(b)(1) filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Attachments: #1 Declaration)(Ortiz, Dinah) (Filed on 11/27/2020)
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Filing 67
OBJECTIONS to re #62 Request for Judicial Notice, by Gregory Malley. (Attachments: #1 Declaration of Gregory Malley)(Dutta, Gautam) (Filed on 11/20/2020)
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Filing 66
OPPOSITION/RESPONSE (re #63 MOTION to Dismiss ) filed byGregory Malley. (Dutta, Gautam) (Filed on 11/20/2020)
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Filing 65
OPPOSITION/RESPONSE (re #60 MOTION to Dismiss ) filed byGregory Malley. (Dutta, Gautam) (Filed on 11/20/2020)
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Filing 64
Brief re #63 MOTION to Dismiss filed byThomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. (Related document(s) #63 ) (Holland, Andrew) (Filed on 11/6/2020)
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Filing 63
MOTION to Dismiss filed by Thomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. Motion Hearing set for 2/25/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 11/20/2020. Replies due by 11/27/2020. (Holland, Andrew) (Filed on 11/6/2020)
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Filing 62
Request for Judicial Notice re #60 MOTION to Dismiss filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Attachments: #1 Exhibit Nos. 1-18)(Related document(s) #60 ) (Holland, Andrew) (Filed on 11/6/2020)
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Filing 61
Brief re #60 MOTION to Dismiss filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Related document(s) #60 ) (Holland, Andrew) (Filed on 11/6/2020)
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Filing 60
MOTION to Dismiss filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. Motion Hearing set for 2/25/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 11/20/2020. Replies due by 11/27/2020. (Holland, Andrew) (Filed on 11/6/2020)
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Filing 59
NOTICE by Gregory Malley re #56 Amended Complaint (Dutta, Gautam) (Filed on 10/31/2020)
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Filing 58
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 11/5/2020 is HEREBY CONTINUED to 12/17/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 12/7/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 10/29/2020)
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Filing 57
CASE MANAGEMENT STATEMENT (Joint) filed by Gregory Malley. (Dutta, Gautam) (Filed on 10/29/2020)
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Filing 56
AMENDED COMPLAINT (Second) against All Defendants. Filed byGregory Malley. (Dutta, Gautam) (Filed on 10/23/2020)
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Filing 55
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 10/20/2020. (ejdlc2S, COURT STAFF) (Filed on 10/20/2020) Modified on 10/20/2020 (cv, COURT STAFF). Modified text on 10/21/2020 (cv, COURT STAFF).
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Filing 54
SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 5:20-cv-01925 EJD with 5:20-cv-07002 NC, Malgesini v. Malley. Signed by Judge Nathanael Cousins on 10/8/2020. (lmh, COURT STAFF) (Filed on 10/8/2020)
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Filing 53
Order Denying #47 Motion for Partial Summary Judgment. Signed by Judge Edward J. Davila on October 2, 2020. (ejdlc2S, COURT STAFF) (Filed on 10/2/2020)
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Filing 52
Order Granting #29 , #31 , #35 Motions to Dismiss and Motion to Stay Discovery. Signed by Judge Edward J. Davila on October 2, 2020. (ejdlc2S, COURT STAFF) (Filed on 10/2/2020)
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Filing 51
(Text Only) CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motions to Dismiss and to Stay (Docket Item No. #29 , #31 and #35 ) before Judge Edward J. Davila previously noticed for 10/8/2020 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 10/8/2020 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motions. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 9/30/2020)
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Filing 50
Order Granting #48 Defendants' Application Pursuant to Local Rule 7-11 to Suspend Briefing on Plaintiff's Partial Summary Judgment Motion. Signed by Judge Edward J. Davila on 9/15/2020. (ejdlc2, COURT STAFF) (Filed on 9/15/2020)
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Filing 49
OPPOSITION/RESPONSE (re #48 ADMINISTRATIVE MOTION to Suspend Briefing on Plaintiff's Motion for Partial Summary Judgment re #47 MOTION for Partial Summary Judgment ) filed byGregory Malley. (Attachments: #1 Declaration of Gregory Malley, #2 Proposed Order)(Dutta, Gautam) (Filed on 9/11/2020)
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Filing 48
ADMINISTRATIVE MOTION to Suspend Briefing on Plaintiff's Motion for Partial Summary Judgment re #47 MOTION for Partial Summary Judgment filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. Responses due by 9/11/2020. (Attachments: #1 Declaration Declaration of Dinah X. Ortiz, #2 Proposed Order [Proposed] Order)(Ortiz, Dinah) (Filed on 9/7/2020)
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#Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #47 MOTION for Summary Judgment (Partial) fi led by Gregory Malley (cv, COURT STAFF) (Filed on 9/4/2020)
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Filing 47
MOTION for Partial Summary Judgment filed by Gregory Malley. Motion Hearing set for 10/8/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 9/17/2020. Replies due by 9/24/2020. (Attachments: #1 Declaration of Gregory Malley, #2 Declaration of Gautam Dutta, #3 Supplement Separate Statement)(Dutta, Gautam) (Filed on 9/3/2020) Modified on 9/4/2020 (cv, COURT STAFF).
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Filing 46
NOTICE by Gregory Malley re #44 Notice (Other), (Dutta, Gautam) (Filed on 8/23/2020)
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Filing 45
REPLY (re #35 MOTION to Stay Discovery ) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STAY DISCOVERY filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Ortiz, Dinah) (Filed on 8/21/2020)
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Filing 44
NOTICE by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC of Pendency of other Action or Proceeding (Ortiz, Dinah) (Filed on 8/20/2020)
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Filing 43
OBJECTIONS to re #40 Reply to Opposition/Response, by Gregory Malley. (Dutta, Gautam) (Filed on 8/16/2020)
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Filing 42
OPPOSITION/RESPONSE (re #35 MOTION to Stay Discovery ) filed byGregory Malley. (Dutta, Gautam) (Filed on 8/14/2020)
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Filing 41
RESPONSE re #38 Objection by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 8/10/2020)
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Filing 40
REPLY (re #29 MOTION to Dismiss Usury and Federal RICO Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) ) filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 8/10/2020)
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Filing 39
REPLY (re #31 MOTION to Dismiss State Court Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) ) filed byThomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 8/10/2020)
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Filing 38
OBJECTIONS to re #33 Request for Judicial Notice,, by Gregory Malley. (Dutta, Gautam) (Filed on 8/3/2020)
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Filing 37
OPPOSITION/RESPONSE (re #31 MOTION to Dismiss State Court Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) ) filed byGregory Malley. (Dutta, Gautam) (Filed on 8/3/2020)
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Filing 36
OPPOSITION/RESPONSE (re #29 MOTION to Dismiss Usury and Federal RICO Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) ) filed byGregory Malley. (Dutta, Gautam) (Filed on 8/3/2020)
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Filing 35
MOTION to Stay Discovery filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. Motion Hearing set for 10/8/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/14/2020. Replies due by 8/21/2020. (Holland, Andrew) (Filed on 7/31/2020)
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Filing 34
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 7/30/2020 is HEREBY CONTINUED to 11/5/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 10/26/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 7/21/2020)
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Filing 33
Request for Judicial Notice re #29 MOTION to Dismiss Usury and Federal RICO Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1), #31 MOTION to Dismiss State Court Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Attachments: #1 Exhibit Nos. 1-17)(Related document(s) #29 , #31 ) (Holland, Andrew) (Filed on 7/20/2020)
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Filing 32
Brief re #31 MOTION to Dismiss State Court Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) filed byThomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. (Related document(s) #31 ) (Holland, Andrew) (Filed on 7/20/2020)
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Filing 31
MOTION to Dismiss State Court Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) filed by Thomas Malgesini, Ashish Patel, San Jose Midtown Development LLC. Motion Hearing set for 10/8/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/3/2020. Replies due by 8/10/2020. (Holland, Andrew) (Filed on 7/20/2020)
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Filing 30
Brief re #29 MOTION to Dismiss Usury and Federal RICO Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) filed byFour Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Related document(s) #29 ) (Holland, Andrew) (Filed on 7/20/2020)
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Filing 29
MOTION to Dismiss Usury and Federal RICO Claims Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. Motion Hearing set for 10/8/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/3/2020. Replies due by 8/10/2020. (Holland, Andrew) (Filed on 7/20/2020)
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Filing 28
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 7/9/2020 is HEREBY CONTINUED to 7/30/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 7/7/2020)
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Filing 27
ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 7/2/20. (jhfS, COURT STAFF) (Filed on 7/2/2020)
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Remark - case has been randomly reassigned to:Magistrate Judge Virginia K. DeMarchi for discovery purposes only. (cv, COURT STAFF) (Filed on 7/2/2020)
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Filing 26
CASE MANAGEMENT STATEMENT (Joint) filed by Gregory Malley. (Dutta, Gautam) (Filed on 6/29/2020)
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Filing 25
Certificate of Interested Entities by Gregory Malley (Dutta, Gautam) (Filed on 6/29/2020)
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Filing 24
STIPULATION Regarding Responsive Pleading Deadline filed by Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (Holland, Andrew) (Filed on 6/29/2020)
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Filing 23
NOTICE of Appearance by Andrew Patrick Holland (Holland, Andrew) (Filed on 6/29/2020)
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Filing 22
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dutta, Gautam) (Filed on 6/26/2020)
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Filing 21
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant Procurator Holdings, LLC (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 20
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant Sangeeth Peruri (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 19
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant Peruri Capital Partners, LLC (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 18
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant Ashish Patel (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 17
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant Thomas Malgesini (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 16
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #15 Certificate of Service as to Defendant Four Gates Capital, LLC (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 15
CERTIFICATE OF SERVICE by Gregory Malley re #14 Summons Issued, #13 Amended Complaint as to Defendant SJMD (Dutta, Gautam) (Filed on 6/20/2020)
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Filing 14
Summons Issued as to Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC, San Jose Midtown Development LLC. (cv, COURT STAFF) (Filed on 6/15/2020)
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Filing 13
AMENDED COMPLAINT (First) against All Defendants. Filed byGregory Malley. (Attachments: #1 Summons)(Dutta, Gautam) (Filed on 6/15/2020)
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Filing 12
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 6/29/2020. Initial Case Management Conference set for 7/9/2020 10:00 PM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 3/19/2020)
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Filing 11
Order Denying #2 Motion for TRO. Signed by Judge Edward J. Davila on 3/19/2020. (ejdlc3S, COURT STAFF) (Filed on 3/19/2020)
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Filing 10
Proposed Order re #2 MOTION for Temporary Restraining Order (Amended) by Gregory Malley. (Dutta, Gautam) (Filed on 3/19/2020)
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Filing 9
NOTICE by Gregory Malley re #2 MOTION for Temporary Restraining Order (Dutta, Gautam) (Filed on 3/19/2020)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila 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 Susan van Keulen Remains as referral judge assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 3/19/2020)
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Filing 7
ORDER FOR REASSIGNMENT. Signed by Judge Susan van Keulen on 3/19/2020. (svklc2S, COURT STAFF) (Filed on 3/19/2020)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/9/2020. Initial Case Management Conference set for 6/16/2020 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/19/2020)
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Filing 5
Summons Issued as to Thomas Malgesini, Sangeeth Peruri, San Jose Midtown Development LLC. (cv, COURT STAFF) (Filed on 3/19/2020)
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Filing 4
Case assigned to Magistrate Judge Susan van Keulen. 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 4/2/2020. (haS, COURT STAFF) (Filed on 3/19/2020)
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Filing 3
Proposed Summons. (Dutta, Gautam) (Filed on 3/19/2020)
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Filing 2
MOTION for Temporary Restraining Order filed by Gregory Malley. (Attachments: #1 Declaration of Gregory Malley, #2 Declaration of Gautam Dutta, #3 Proposed Order)(Dutta, Gautam) (Filed on 3/19/2020)
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Filing 1
COMPLAINT against All Defendants. Filed by Gregory Malley. (Filing Fee Paid of $400.00, Receipt # 0971-14294257) (Attachments: #1 Civil Cover Sheet)(Dutta, Gautam) (Filed on 3/18/2020) Modified on 3/19/2020 (bwS, COURT STAFF).
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