Whitaker v. Hot Topic, Inc.
| Brian Whitaker |
| Hot Topic, Inc. |
| 5:2021cv04305 |
| June 7, 2021 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Lucy H Koh |
| American with Disabilities - Other |
| 42 U.S.C. § 12101 Americans w/ Disabilities Act (ADA) |
| Defendant |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 CLERK'S NOTICE. The stipulation for dismissal having been filed, the Status Conference set for 11/30/2021 at 9:30 AM before Chief Magistrate Judge Joseph C. Spero is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 11/30/2021) |
| Filing 27 STIPULATION For Dismissal Pursuant To F.R.Civ.P. 41 (a)(1)(A)(II) Jointly filed by Brian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 11/24/2021) |
| Filing 26 NOTICE by Brian Whitaker for settlement (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 11/4/2021) |
| Filing 25 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Settlement Conference held on 11/3/2021. Agreement reached in principle. Status Conference, if necessary, set for 11/30/2021 09:30 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the Meeting information at #https://www.cand.uscourts.gov/jcs Zoom Meeting ID: 161 664 4640. Passcode: 841312.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.usc ourts.gov/zoom/. Proceeding was Not Reported. Plaintiff Attorney: Prathima Price. Defendant Attorney: Hayley Grunvald. (klh, COURT STAFF) (Date Filed: 11/3/2021) |
| Filing 24 REPLY (re #16 MOTION to Dismiss ) filed byHot Topic, Inc.. (Saniefar, Moji) (Filed on 10/19/2021) |
| Filing 23 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss ) filed byBrian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Best, Zachary) (Filed on 10/12/2021) |
| Filing 22 NOTICE of Appearance by Zachary Manning Best (Attachments: #1 Certificate/Proof of Service)(Best, Zachary) (Filed on 10/12/2021) |
| Filing 21 Notice of Settlement Conference and Order Setting Settlement Conference before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C. Spero on 10/5/2021. Settlement Conference set for 11/3/2021 01:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel and parties may access the meeting information at #https:// www.cand.uscourts.gov/jcs under the second subheading +Join Non-Public Hearings. In addition to following the instructions and link on Judge Speros web page, the parties may join using the following Zoom Meeting ID: 161 664 4640. Password: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance at the settlement conference. A joint list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 10/27/2021 by 3:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. ( klhS, COURT STAFF) (Filed on 10/5/2021) |
| Filing 20 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Zoom Scheduling Conference held on 10/5/2021. Court to issue Order. FTR Time: Not Reported. Plaintiff Attorney: Robert Doyle. Defendant Attorney: Moji Saniefar. (klhS, COURT STAFF) (Date Filed: 10/5/2021) |
| Filing 19 NOTICE of Appearance by Robert P. Doyle, PhD (Doyle, Robert) (Filed on 10/5/2021) |
| Filing 18 CLERK'S NOTICE CONTINUING MOTION HEARING. The hearing on #16 MOTION to Dismiss is CONTINUED from November 4, 2021 to January 13, 2022 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before Judge Lucy H. Koh. The November 4, 2021 hearing date was not cleared with the Courtroom Deputy Clerk prior to filing. Please see Judge Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 10/4/2021) |
| Filing 17 CLERKS NOTICE SETTING ZOOM HEARING. Zoom Scheduling Conference set for 10/5/2021 10:30 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at #https://www.cand.uscourts.gov/jcs Under the second subheading Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Pas scode: 841312.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 10/4/2021 by 3:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts. gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 9/28/2021) |
| Filing 16 MOTION to Dismiss filed by Hot Topic, Inc.. Motion Hearing set for 11/4/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Declaration OF MOJI SANIEFAR IN SUPPORT OF DEFENDANT HOT TOPIC, INC.S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(h)(3), #2 Declaration OF NEAL CASPER IN SUPPORT OF DEFENDANT HOT TOPIC, INC.S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(h)(3), #3 Declaration OF DANIELLE REZA IN SUPPORT OF DEFENDANT HOT TOPIC, INC.S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(h)(3), #4 Proposed Order GRANTING DEFENDANT HOT TOPIC, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND 12(h)(3))(Saniefar, Moji) (Filed on 9/27/2021) |
| CASE REFERRED to Magistrate Judge Joseph C. Spero for Settlement, pursuant to N.D. Cal. General Order 56 paragraph 9. (ahm, COURT STAFF) (Filed on 9/27/2021) |
| Filing 15 Notice of Need for Mediation by Prathima Reddy Price (Attachments: #1 Certificate/Proof of Service)(Price, Prathima) (Filed on 9/24/2021) |
| Filing 14 Certificate of Interested Entities by Hot Topic, Inc. identifying Corporate Parent Sycamore Partners for Hot Topic, Inc.. (Saniefar, Moji) (Filed on 8/2/2021) |
| Filing 13 ANSWER to Complaint with Jury Demand byHot Topic, Inc.. (Saniefar, Moji) (Filed on 8/2/2021) |
| Filing 12 NOTICE of Appearance by Moji Saniefar (Saniefar, Moji) (Filed on 7/22/2021) |
| Filing 11 STIPULATION re #1 Complaint To Extend Time to Respond to Initial Complaint To 8/2/2021 filed by Hot Topic, Inc.. (Grunvald, Hayley) (Filed on 7/2/2021) |
| Filing 10 SUMMONS Returned Executed by Brian Whitaker. Hot Topic, Inc. served on 6/16/2021, answer due 7/7/2021. (Seabock, Amanda) (Filed on 6/22/2021) |
Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh 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 Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/7/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 6/8/2021)
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| Filing 8 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 6/7/2021) |
| Filing 7 Summons Issued as to Hot Topic, Inc.. (dhmS, COURT STAFF) (Filed on 6/7/2021) |
| Filing 6 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (dhmS, COURT STAFF) (Filed on 6/7/2021) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Whitaker.. (Seabock, Amanda) (Filed on 6/7/2021) |
| Filing 4 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 6/21/2021. (asS, COURT STAFF) (Filed on 6/7/2021) |
| Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 6/7/2021) |
| Filing 2 Certificate of Interested Entities by Brian Whitaker re #1 Complaint (Seabock, Amanda) (Filed on 6/7/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16047404.). Filed byBrian Whitaker. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 6/7/2021) |
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