Allen v. Shutterfly, Inc. et al
Plaintiff: Shawna Allen
Defendant: Lifetouch National School Studios, Inc., Lifetouch, Inc. and Shutterfly, Inc.
Case Number: 5:2020cv02448
Filed: April 10, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Beth Labson Freeman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2020 Opinion or Order Filing 25 ORDER REGARDING SUBMISSIONS RELATED TO DEFENDANTS' MOTIONS TO DISMISS (AT ECF #22 AND ECF #24 ) AND DEFENDANTS' MOTION TO COMPEL ARBITRATION (AT ECF #23 ). Signed by Judge Beth Labson Freeman on 5/18/2020. (blflc3S, COURT STAFF) (Filed on 5/18/2020)
May 15, 2020 Filing 24 MOTION to Dismiss Defendants' Rule 12(b)(6) Motion to Dismiss filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. Motion Hearing set for 8/20/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/19/2020. Replies due by 7/24/2020. (Attachments: #1 Proposed Order)(Chang, Andrew) (Filed on 5/15/2020)
May 15, 2020 Filing 23 MOTION to Compel Individual Arbitration filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. Motion Hearing set for 8/20/2020 09:00 AM in San Jose, Courtroom 2, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/19/2020. Replies due by 7/24/2020. (Attachments: #1 Declaration of John Grant, #2 Exhibit A - August 2015 Terms of Service, #3 Exhibit B - July 2018 Terms of Service, #4 Exhibit C - 2019 spring order form, #5 Proposed Order)(Chang, Andrew) (Filed on 5/15/2020)
May 15, 2020 Filing 22 MOTION to Dismiss Defendants Lifetouch, Inc. and Lifetouch National School Studios, Inc.'s Rule 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction filed by Lifetouch National School Studios, Inc., Lifetouch, Inc.. Motion Hearing set for 8/20/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/19/2020. Replies due by 7/24/2020. (Attachments: #1 Declaration of John Grant, #2 Exhibit A - August 2015 Terms of Service, #3 Exhibit B - July 2018 Terms of Service, #4 Exhibit C - 2019 spring order form, #5 Proposed Order)(Chang, Andrew) (Filed on 5/15/2020)
May 12, 2020 Opinion or Order Filing 21 ORDER GRANTING APPLICATION #20 FOR ADMISSION OF ATTORNEY PRO HAC VICE (ANN M. SONGER). Signed by Judge Beth Labson Freeman on 5/12/2020. (blflc3S, COURT STAFF) (Filed on 5/12/2020)
May 11, 2020 Filing 20 MOTION for leave to appear in Pro Hac Vice and Proposed Order ( Filing fee $ 310, receipt number 0971-14459024.) filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Attachments: #1 Certificate of Good Standing)(Songer, Ann) (Filed on 5/11/2020)
May 4, 2020 Filing 19 NOTICE by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc. to the United States District Court that Notice of Removal of Action Has Been Filed in State Court (Attachments: #1 Exhibit 1 - Notice to State Court and Plaintiff of Filing Notice of Removal)(Chang, Andrew) (Filed on 5/4/2020)
April 29, 2020 Opinion or Order Filing 18 ORDER GRANTING APPLICATION #16 FOR ADMISSION OF ATTORNEY PRO HAC VICE (JACK MCINNES). Signed by Judge Beth Labson Freeman on 4/29/2020. (blflc3S, COURT STAFF) (Filed on 4/29/2020)
April 29, 2020 Opinion or Order Filing 17 ORDER GRANTING APPLICATION #15 FOR ADMISSION OF ATTORNEY PRO HAC VICE (ERIK L. DIRKS). Signed by Judge Beth Labson Freeman on 4/29/2020. (blflc3S, COURT STAFF) (Filed on 4/29/2020)
April 28, 2020 Filing 16 MOTION for leave to appear in Pro Hac Vice - Jack McInnes - ( Filing fee $ 310, receipt number 0971-14417674.) filed by Shawna Allen. (McInnes, Jack) (Filed on 4/28/2020)
April 28, 2020 Filing 15 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14416694.) filed by Shawna Allen. (Attachments: #1 Certificate of Good Standing)(Dirks, Eric) (Filed on 4/28/2020)
April 17, 2020 Opinion or Order Filing 14 ORDER GRANTING JOINT STIPULATION #11 REGARDING BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS TO DISMISS AND COMPEL ARBITRATION. Signed by Judge Beth Labson Freeman on 4/17/2020.(blflc3S, COURT STAFF) (Filed on 4/17/2020)
April 17, 2020 Opinion or Order Filing 13 ORDER GRANTING APPLICATION #12 FOR ADMISSION OF ATTORNEY MOLLY S. CARELLA PRO HAC VICE. Signed by Judge Beth Labson Freeman on 4/17/2020. (blflc3S, COURT STAFF) (Filed on 4/17/2020)
April 16, 2020 Filing 12 MOTION for leave to appear in Pro Hac Vice and [Proposed] Order ( Filing fee $ 310, receipt number 0971-14382872.) filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Attachments: #1 Certificate of Good Standing)(Carella, Molly) (Filed on 4/16/2020)
April 16, 2020 Filing 11 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule on Defendants' Motions to Dismiss and Compel Arbitration filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Attachments: #1 Proposed Order)(Chang, Andrew) (Filed on 4/16/2020)
April 15, 2020 Filing 10 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Case Management Statement due by 7/9/2020. Initial Case Management Conference set for 7/16/2020 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 4/15/2020)
April 15, 2020 Opinion or Order Filing 9 ORDER GRANTING APPLICATION #5 FOR ADMISSION OF ATTORNEY PRO HAC VICE (HOLLY PAULING SMITH). Signed by Judge Beth Labson Freeman on 4/15/2020. (blflc3S, COURT STAFF) (Filed on 4/15/2020)
April 14, 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 assigned to case. Reassignment Order signed Clerk on 4/14/2020. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 4/14/2020)
April 14, 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 4/14/2020)
April 14, 2020 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc... (Chang, Andrew) (Filed on 4/14/2020)
April 14, 2020 Filing 5 MOTION for leave to appear in Pro Hac Vice and [Proposed] Order ( Filing fee $ 310, receipt number 0971-14371693.) filed by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Attachments: #1 Certificate of Good Standing)(Smith, Holly) (Filed on 4/14/2020)
April 10, 2020 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/8/2020. Initial Case Management Conference set for 7/15/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 4/10/2020)
April 10, 2020 Filing 3 Case assigned to 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 4/24/2020. (haS, COURT STAFF) (Filed on 4/10/2020)
April 10, 2020 Filing 2 Certificate of Interested Entities by Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc. identifying Other Affiliate Shutterfly, LLC, Other Affiliate Snapfish, LLC, Other Affiliate Shutterfly Lifetouch, LLC, Other Affiliate Lifetouch National School Studios, LLC for Lifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Chang, Andrew) (Filed on 4/10/2020)
April 10, 2020 Filing 1 NOTICE OF REMOVAL ; Jury Trial Demanded from Santa Clara County Superior Court. Their case number is 20CV363509. (Filing fee $400 receipt number 0971-14362052). Filed byLifetouch National School Studios, Inc., Lifetouch, Inc., Shutterfly, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Chang, Andrew) (Filed on 4/10/2020)

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Defendant: Lifetouch National School Studios, Inc.
Represented By: Andrew L. Chang
Represented By: Ann Marie Songer
Represented By: Holly Pauling Smith
Represented By: Molly S Carella
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Defendant: Lifetouch, Inc.
Represented By: Andrew L. Chang
Represented By: Ann Marie Songer
Represented By: Holly Pauling Smith
Represented By: Molly S Carella
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Defendant: Shutterfly, Inc.
Represented By: Andrew L. Chang
Represented By: Ann Marie Songer
Represented By: Holly Pauling Smith
Represented By: Molly S Carella
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Plaintiff: Shawna Allen
Represented By: Matthew Harrison Fisher
Represented By: Matthew Scott Da Vega
Represented By: Ted David Mechtenberg
Represented By: Jack McInnes
Represented By: Eric Landon Dirks
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