Malberg v. Cashen et al
| Martin Malberg |
| Robert Cashen, Christine Guerra, Temo Gonzalez and Allison Dundas |
| 5:2022cv01788 |
| March 21, 2022 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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Filing 75
MANDATE of USCA as to #69 Notice of Appeal to the Ninth Circuit, filed by Martin Malberg (hdj, COURT STAFF) (Filed on 8/1/2023)
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Filing 74
USCA Memorandum as to AFFIRMED #69 Notice of Appeal to the Ninth Circuit, filed by Martin Malberg (hdj, COURT STAFF) (Filed on 7/10/2023)
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Filing 73
ORDER DENYING #65 PLAINTIFF'S MOTION TO AMEND OR ALTER JUDGMENT. Signed by Judge Beth Labson Freeman on 1/3/2023. (blflc3, COURT STAFF) (Filed on 1/3/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 1/6/2023: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 72
OPPOSITION/RESPONSE (re #65 MOTION to Alter Judgment ) filed byRobert Cashen, Allison Dundas, Christine Guerra. (Stromeyer, Karen) (Filed on 11/10/2022)
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Filing 71
ORDER DENYING #68 "NOTICE OF CONFLICT." Signed by Judge Beth Labson Freeman on 11/9/2022. (blflc3, COURT STAFF) (Filed on 11/9/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 11/10/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 70
USCA Case Number 22-16703 for #69 Notice of Appeal to the Ninth Circuit, filed by Martin Malberg. (msr, COURT STAFF) (Filed on 11/1/2022)
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Filing 69
NOTICE OF APPEAL 22-16703 to the 9th Circuit Court of Appeals filed by Martin Malberg. Appeal of Judgment, #53 , Order on Motion to Dismiss, #50 (Pay.gov Agency Tracking ID 54611018916.) (Attachments: #1 receipt)(hdj, COURT STAFF) (Filed on 10/31/2022) Modified on 11/2/2022 (msr, COURT STAFF).
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Filing 68
NOTICE of Conflict and Proposed Order by Martin Malberg (hdj, COURT STAFF) (Filed on 10/28/2022)
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Filing 67
ORDER Striking #64 "PETITION FOR A REDRESS OF GRIEVANCES" AND #66 "BRIEF ON MOTIONS TO DISMISS." Signed by Judge Beth Labson Freeman on 10/28/2022. (blflc3, COURT STAFF) (Filed on 10/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/31/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 66
Brief filed byMartin Malberg. (hdj, COURT STAFF) (Filed on 10/27/2022)
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Filing 65
MOTION to Alter Judgment filed by Martin Malberg. Responses due by 11/10/2022. Replies due by 11/17/2022. (hdj, COURT STAFF) (Filed on 10/27/2022)
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Filing 64
Petition for Redress and Proposed Order by Martin Malberg. (hdj, COURT STAFF) (Filed on 10/26/2022)
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Filing 63
ORDER STRIKING #61 AND #62 NOTICES. Signed by Judge Beth Labson Freeman on 10/25/2022. (blflc3, COURT STAFF) (Filed on 10/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/26/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 62
NOTICE -Violation by Martin Malberg (hdj, COURT STAFF) (Filed on 10/25/2022)
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Filing 61
NOTICE-Rights by Martin Malberg (hdj, COURT STAFF) (Filed on 10/25/2022)
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Filing 60
ORDER STRIKING #59 "MOTION FOR EXEMPTION FROM SETTLEMENT CONFERENCE." Signed by Judge Beth Labson Freeman on 10/20/2022. (blflc3, COURT STAFF) (Filed on 10/20/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/24/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 59
Received Document, "Motion for Exemption from Mandatory Settlement Conference" by Martin Malberg. (wsn, COURT STAFF) (Filed on 10/20/2022)
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Filing 58
ORDER DENYING #57 MOTION TO RELATE CASES AS MOOT. Signed by Judge Beth Labson Freeman on 10/18/2022. (blflc3, COURT STAFF) (Filed on 10/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/19/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 57
MOTION to Relate Case and Proposed Order filed by Martin Malberg. (hdj, COURT STAFF) (Filed on 10/17/2022)
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Filing 56
ORDER STRIKING #55 NOTICE. Signed by Judge Beth Labson Freeman on 10/14/2022. (blflc3, COURT STAFF) (Filed on 10/14/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/17/2022: #1 Certificate/Proof of Service) (tsh, COURT STAFF).
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Filing 55
NOTICE of Conflict, Declaration and Motion for Recusal by Martin Malberg (hdj, COURT STAFF) (Filed on 10/4/2022)
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Filing 53
JUDGMENT. Signed by Judge Beth Labson Freeman on 9/30/2022. (mdllc, COURT STAFF) (Filed on 9/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 52
ORDER REGARDING CONSOLIDATION. Signed by Judge Beth Labson Freeman on 9/30/2022. (mdllc, COURT STAFF) (Filed on 9/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 51
ORDER STRIKING ECF NO. #35 . Signed by Judge Beth Labson Freeman on 9/30/2022. (mdllc, COURT STAFF) (Filed on 9/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 54
SUMMONS Returned Executed Robert Cashen served on 8/4/2022, answer due 8/25/2022; Allison Dundas served on 8/4/2022, answer due 8/25/2022. (Attachments: #1 letter)(hdj, COURT STAFF) (Filed on 9/29/2022)
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Filing 50
ORDER GRANTING #11 MOTION TO DISMISS. Signed by Judge Beth Labson Freeman ON 9/28/2022. (mdllc, COURT STAFF) (Filed on 9/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 49
ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. Show Cause Response due by 10/12/2022. Signed by Judge Beth Labson Freeman on 9/28/2022. (mdllc, COURT STAFF) (Filed on 9/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 48
RELATED CASE ORDER (addressing #46 ). Signed by Judge Beth Labson Freeman on 9/28/2022. (mdllc, COURT STAFF) (Filed on 9/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 47
Statement of Non-Opposition re #44 Order Relating Case, filed byRobert Cashen, Allison Dundas, Christine Guerra. (Related document(s) #44 ) (Stromeyer, Karen) (Filed on 9/12/2022)
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Filing 46
SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Cases 5:17-cv-01788 BLF and 5:22-cv-04751 NC. Signed by Judge Nathanael M. Cousins on 9/6/2022. (lmh, COURT STAFF) (Filed on 9/6/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 45
ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. Show Cause Response due by 9/12/2022. Signed by Judge Beth Labson Freeman on 9/1/2022. (mdllc, COURT STAFF) (Filed on 9/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 44
RELATED CASE ORDER (addressing #43 ). Signed by Judge Beth Labson Freeman on 9/1/2022. (mdllc, COURT STAFF) (Filed on 9/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 43
Statement of Non-Opposition TO CONSOLIDATION, NOTICE, AND REQUEST TO RELATE AND CONSOLIDATE ADDITIONAL ACTION filed byRobert Cashen, Allison Dundas, Christine Guerra. (Stromeyer, Karen) (Filed on 8/22/2022)
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Filing 42
Declaration of Service by Martin Malberg (kmg, COURT STAFF) (Filed on 8/19/2022)
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Filing 41
Declaration of Service by Martin Malberg re #38 Order on Motion to Relate Case in Paris only, (kmg, COURT STAFF) (Filed on 8/19/2022)
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Filing 40
Declaration of Service by Martin Malberg re #38 Order on Motion to Relate Case, in Paris only, (kmg, COURT STAFF) (Filed on 8/19/2022)
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Filing 39
NOTICE of Appearance by Karen Keenan Stromeyer (Stromeyer, Karen) (Filed on 8/15/2022)
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Filing 38
ORDER TERMINATING #30 ADMINISTRATIVE MOTION FOR CASE RELATION IN PAIRS ONLY. Signed by Judge Beth Labson Freeman on 8/15/2022. (mdllc, COURT STAFF) (Filed on 8/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 37
ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. Show Cause Response due by 8/22/2022. Signed by Judge Beth Labson Freeman on 8/12/2022. (mdllc, COURT STAFF) (Filed on 8/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 36
RELATED CASE ORDER (addressing #34 ). Signed by Judge Beth Labson Freeman on 8/11/2022. (mdllc, COURT STAFF) (Filed on 8/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 35
Brief filed byMartin Malberg. (Attachments: #1 summary)(hdj, COURT STAFF) (Filed on 8/4/2022)
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Filing 34
SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Cases 5:22-cv-04386 NC and 5:17-cv-01788 BLF. Signed by Judge Nathanael M. Cousins on 8/2/2022. (lmh, COURT STAFF) (Filed on 8/2/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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MOTION HEARING VACATED re #33 ORDER SUBMITTING 11 MOTION WITHOUT ORAL ARGUMENT; AND VACATING HEARING. (tsh, COURT STAFF) (Filed on 8/1/2022)
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Filing 33
ORDER SUBMITTING #11 MOTION WITHOUT ORAL ARGUMENT; AND VACATING HEARING. Signed by Judge Beth Labson Freeman on 7/29/2022. (mdllc, COURT STAFF) (Filed on 7/29/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 30
MOTION to Relate Cases in Pairs Only filed by Martin Malberg. (msr, COURT STAFF) (Filed on 7/21/2022) Modified on 7/23/2022 (msr, COURT STAFF).
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Filing 29
Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 7/21/2022. Case Management Statement due by 11/10/2022. Further Case Management Conference set for 11/17/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor.Digital Recording Time: 11:39 - 11:54. Plaintiff Attorney: Martin Malberg. Defendant Attorney: Erik Weiss, Karen Stromeyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 7/21/2022)
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Filing 32
DECLARATION OF SERVICE by Martin Malberg (msr, COURT STAFF) (Filed on 7/20/2022)
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Filing 31
Received Document re 29 Case Management Conference - Initial,,, Set Deadlines,,, Set Hearings,, by Martin Malberg. (msr, COURT STAFF) (Filed on 7/20/2022)
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Filing 28
ORDER DIRECTING DEFENDANTS TO FILE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED (Terminating #23 Motion to Relate Case). Signed by Judge Beth Labson Freeman on 7/18/2022. (mdllc, COURT STAFF) (Filed on 7/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 27
EXHIBITS 1-12 filed byMartin Malberg. (msr, COURT STAFF) (Filed on 7/15/2022)
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Filing 26
STATEMENT OF CASE filed by Martin Malberg. (msr, COURT STAFF) (Filed on 7/15/2022)
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Filing 25
CLERK'S NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR CONFERENCE and NOTICE OF REQUIRED REGISTRATION. Initial Case Management Conference set for 7/21/2022 11:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf 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 blfcrd@cand.uscourts.gov no later than 7/19/2022, at 12:00 PM PST.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.) (tsh, COURT STAFF) (Filed on 7/15/2022)
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Filing 24
Certificate of Interested Entities by Robert Cashen, Allison Dundas, Christine Guerra identifying Corporate Parent Morgan Tidalgo Sukhodrev & Azzolino LLP for Allison Dundas, Christine Guerra, Robert Cashen. (Weiss, Erik) (Filed on 7/14/2022)
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Filing 23
MOTION to Relate Case PURSUANT TO CIVIL LOCAL RULE 3-12 filed by Robert Cashen, Allison Dundas, Christine Guerra. (Weiss, Erik) (Filed on 7/14/2022)
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Filing 22
CASE MANAGEMENT STATEMENT filed by Robert Cashen, Allison Dundas, Christine Guerra. (Weiss, Erik) (Filed on 7/14/2022)
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Filing 21
ORDER DISMISSING DEFENDANT TEMO GONZALEZ FOR FAILURE TO EFFECT SERVICE OF PROCESS. Signed by Judge Beth Labson Freeman on 7/7/2022. (blflc4, COURT STAFF) (Filed on 7/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 20
ORDER TO SHOW CAUSE RE: FAILURE TO EFFECT SERVICE OF PROCESS ON DEFENDANT TEMO GONZALEZ. Signed by Judge Beth Labson Freeman on 6/22/2022. (blflc4, COURT STAFF) (Filed on 6/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 19
CERTIFICATE OF SERVICE by Martin Malberg re #12 Response in Opposition to Motion to Dismiss (dhm, COURT STAFF) (Filed on 5/31/2022)
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Filing 18
SUMMONS Returned Executed by Martin Malberg. Robert Cashen served on 5/23/2022, answer due 6/13/2022; Allison Dundas served on 5/23/2022, answer due 6/13/2022; Christine Guerra served on 5/23/2022, answer due 6/13/2022. (dhm, COURT STAFF) (Filed on 5/31/2022)
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Filing 17
CERTIFICATE OF SERVICE by Robert Cashen, Allison Dundas, Christine Guerra re #16 Reply to Opposition/Response Defendants' Motion to Dismiss (Weiss, Erik) (Filed on 5/25/2022)
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Filing 16
REPLY (re #11 MOTION to Dismiss Complaint ) filed byRobert Cashen, Allison Dundas, Christine Guerra. (Weiss, Erik) (Filed on 5/25/2022)
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Filing 15
ORDER GRANTING #14 PLAINTIFF MARTIN MALBERG'S MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. Signed by Judge Beth Labson Freeman on 5/19/2022. (blflc4, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 14
MOTION for Permission for Electronic Case Filing filed by Martin Malberg. (Attachments: #1 Proposed Order)(cv, COURT STAFF) (Filed on 5/19/2022)
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Filing 13
CERTIFICATE OF SERVICE by Martin Malberg re #12 Opposition/Response to Motion (cv, COURT STAFF) (Filed on 5/19/2022)
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Filing 12
OPPOSITION/RESPONSE (re #11 MOTION to Dismiss Complaint ) filed byMartin Malberg. (msr, COURT STAFF) (Filed on 5/16/2022)
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Filing 11
MOTION to Dismiss Complaint filed by Robert Cashen, Allison Dundas, Christine Guerra. Motion Hearing set for 8/11/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 5/18/2022. Replies due by 5/25/2022. (Attachments: #1 Supplement Memorandum of Points and Authorities ISO Defendants Motion to Dismiss Complaint, #2 Supplement Request for Judicial Notice ISO Defendants Motion to Dismiss Complaint, #3 Proposed Order Proposed Order Granting Defendants Motion to Dismiss Complaint)(Girarde, John) (Filed on 5/4/2022)
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Filing 9
Summons Issued as to Temo Gonzalez. (cv, COURT STAFF) (Filed on 3/31/2022)
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Filing 10
Summons Issued as to Christine Guerra. (cv, COURT STAFF) (Filed on 3/30/2022)
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Filing 8
Summons Issued as to Allison Dundas. (cv, COURT STAFF) (Filed on 3/30/2022)
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Filing 7
Summons Issued as to Robert Cashen. (cv, COURT STAFF) (Filed on 3/31/2022) Modified on 3/31/2022 (cv, COURT STAFF).
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Filing 6
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 7/14/2022. Initial Case Management Conference set for 7/21/2022 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.) (tsh, COURT STAFF) (Filed on 3/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 5
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. otice: 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. Reassignment Order signed by Clerk on 3/28/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 3/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 4
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (jhf, COURT STAFF) (Filed on 3/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 3
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Martin Malberg.. (msr, COURT STAFF) (Filed on 3/25/2022)
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Filing 2
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/14/2022. Initial Case Management Conference set for 6/21/2022 09:30 AM in San Jose, Courtroom 6, 4th Floor.. Signed by Judge Van Keulen on 3/21/2022. (bw, COURT STAFF) (Filed on 3/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 1
COMPLAINT against All Defendants (Filing fee paid $ 402.Receipt # 54611018808). Filed by Martin Malberg. Consent/Declination due by 4/4/2022. (Attachments: #1 Exhibit - 1, #2 Civil Cover Sheet)(bw, COURT STAFF) (Filed on 3/21/2022)
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