Couch Distributing Company, Inc. v. Diageo Beer Company USA
Plaintiff: Couch Distributing Company, Inc.
Defendant: Diageo Beer Company USA
Case Number: 5:2021cv00842
Filed: February 2, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
Nature of Suit: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Filing 19 SUMMONS Returned Executed by Couch Distributing Company, Inc.. Diageo Beer Company USA served on 2/11/2021, answer due 3/4/2021. (Welch, Patricia) (Filed on 3/31/2021)
March 30, 2021 Filing 18 CERTIFICATE OF SERVICE by Couch Distributing Company, Inc. re 2 Case Assigned by Intake,,, #3 Initial Case Management Scheduling Order with ADR Deadlines, #1 Complaint, #5 Summons Issued (Welch, Patricia) (Filed on 3/30/2021)
March 30, 2021 #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety as Summons Returned Executed. Re: #18 Certificate of Service filed by Couch Dist ributing Company, Inc. (sfbS, COURT STAFF) (Filed on 3/30/2021)
March 18, 2021 Opinion or Order Filing 17 ORDER GRANTING #16 STIPULATION ON BRIEFING DEADLINES. Signed by Judge Beth Labson Freeman on 3/18/2021.(blflc4S, COURT STAFF) (Filed on 3/18/2021)
March 17, 2021 Filing 16 STIPULATION WITH PROPOSED ORDER To Extend Time to File Opposition to Motion to Dismiss filed by Couch Distributing Company, Inc.. (Attachments: #1 Declaration)(Welch, Patricia) (Filed on 3/17/2021)
March 15, 2021 Filing 15 CLERK'S NOTICE RESETTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE AFTER REASSINGMENT. Motion Hearing as to #8 MOTION to Dismiss set for 9/2/2021 09:00 AM and Initial Case Management Conference set for 9/2/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor. Case Management Statement due by 8/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 3/15/2021)
March 12, 2021 Opinion or Order Filing 14 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. Judge Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 3/12/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 3/12/2021)
March 11, 2021 Filing 13 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) (Filed on 3/11/2021)
March 11, 2021 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Diageo Beer Company USA.. (Farkas, David) (Filed on 3/11/2021)
March 11, 2021 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Couch Distributing Company, Inc... (Welch, Patricia) (Filed on 3/11/2021)
March 5, 2021 Filing 10 CLERK'S NOTICE RE MOTION HEARING: Defendant's motion to dismiss, Dkt. #8 , having been filed on less than 35 days notice, see Civil L.R. 7-2, the motion hearing has been re-set for April 13, 2021, 10:00 AM before Magistrate Judge Virginia K. DeMarchi. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2S, COURT STAFF) (Filed on 3/5/2021)
March 5, 2021 Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/11/2021. (pmcS, COURT STAFF) (Filed on 3/5/2021)
March 4, 2021 Filing 8 MOTION to Dismiss filed by Diageo Beer Company USA. Motion Hearing set for 4/6/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Virginia K. DeMarchi. Responses due by 3/18/2021. Replies due by 3/25/2021. (Attachments: #1 Declaration Declaration of Levi W. Heath, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Proposed Order Proposed Order)(Farkas, David) (Filed on 3/4/2021)
March 4, 2021 Filing 7 NOTICE by Diageo Beer Company USA NOTICE OF INTERESTED PARTIES (Farkas, David) (Filed on 3/4/2021)
March 4, 2021 Filing 6 Certificate of Interested Entities by Diageo Beer Company USA (Farkas, David) (Filed on 3/4/2021)
February 9, 2021 Filing 5 Summons Issued as to Diageo Beer Company USA. (dhmS, COURT STAFF) (Filed on 2/9/2021)
February 8, 2021 Filing 4 Proposed Summons. (Welch, Patricia) (Filed on 2/8/2021)
February 3, 2021 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2021. Initial Case Management Conference set for 5/4/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 2/3/2021)
February 3, 2021 Filing 2 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 2/17/2021. (anjS, COURT STAFF) (Filed on 2/3/2021)
February 2, 2021 Filing 1 COMPLAINT against Diageo Beer Company USA ( Filing fee $ 402, receipt number 0971-15526513.). Filed byCouch Distributing Company, Inc.. (Attachments: #1 Civil Cover Sheet)(Welch, Patricia) (Filed on 2/2/2021)

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Defendant: Diageo Beer Company USA
Represented By: David Brian Farkas
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Plaintiff: Couch Distributing Company, Inc.
Represented By: Craig S. Ritchey
Represented By: Kent Jeffrey Schmidt
Represented By: Patricia Anne Welch
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