Freund et al v. HP, Inc.

Freund et al v. HP, Inc.

Plaintiff:	Gary Freund and Wayne McMath
Defendant:	HP, Inc doing business as HP Computing and Printing Inc. and HP, Inc a Delaware Corporation doing business as HP Computing and Printing Inc.
Case Number:	5:2022cv03794
Filed:	June 27, 2022
Court:	US District Court for the Northern District of California
Presiding Judge:	Nathanael M Cousins
Referring Judge:	Beth Labson Freeman
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 10, 2023	Filing 55 ORDER GRANTING IN PART AND DENYING IN PART #47 MOTION TO DISMISS FIRST AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 8/10/2023.(blflc3, COURT STAFF) (Filed on 8/10/2023)
July 21, 2023	Filing 54 ORDER VACATING HEARING ON #47 MOTION TO DISMISS FIRST AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 7/21/2023. (blflc3, COURT STAFF) (Filed on 7/21/2023)
July 20, 2023	Filing 53 CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #47 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint filed by HP, Inc. set for 7/27/2023 09:00 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 7/25/2023, 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/(tsh, COURT STAFF) (Filed on 7/20/2023) Modified on 7/20/2023 (tsh, COURT STAFF).
May 31, 2023	Filing 52 ORDER GRANTING #51 APPLICATION FOR ADMISSION OF ATTORNEY (ALMEIDA) PRO HAC VICE. Signed by Judge Beth Labson Freeman on 5/31/2023. (blflc3, COURT STAFF) (Filed on 5/31/2023)
May 31, 2023	Filing 51 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18315132.) filed by Gary Freund, Wayne McMath. (Almeida, David) (Filed on 5/31/2023)
April 28, 2023	Filing 50 NOTICE of Appearance by Phillip Jared Wiese (Wiese, Phillip) (Filed on 4/28/2023)
April 28, 2023	Filing 49 REPLY (re #47 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint ) filed byHP, Inc. (Lane, Molly) (Filed on 4/28/2023)
April 7, 2023	Filing 48 OPPOSITION/RESPONSE (re #47 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint ) filed byGary Freund, Wayne McMath. (Kashima, Trenton) (Filed on 4/7/2023)
March 17, 2023	Filing 47 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint filed by HP, Inc. Motion Hearing set for 7/27/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/7/2023. Replies due by 4/28/2023. (Attachments: #1 Request for Judicial Notice In Support of Defendant HP's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint, #2 [Proposed] Order Granting Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint)(Chen, Christina) (Filed on 3/17/2023)
March 3, 2023	Filing 46 ORDER GRANTING #45 STIPULATION TO RELIEVE PARTIES OF COURT-SPONSORED MEDIATION AND EXTEND DEADLINE TO COMPLETE MEDIATION. Signed by Judge Beth Labson Freeman on 3/3/2023. (blflc3, COURT STAFF) (Filed on 3/3/2023)
March 2, 2023	Filing 45 STIPULATION WITH PROPOSED ORDER to Relieve the Parties of Court-Sponsored Mediation and to Extend Deadline to Complete Mediation filed by HP, Inc. (Attachments: #1 Proposed Order)(Chen, Christina) (Filed on 3/2/2023)
February 24, 2023	Filing 44 TRANSCRIPT ORDER for proceedings held on 1/5/2023 before Judge Beth Labson Freeman by HP, Inc, for Court Reporter Lee-Anne Shortridge. (Chen, Christina) (Filed on 2/24/2023)
February 10, 2023	Filing 43 AMENDED COMPLAINT CLASS ACTION against All Defendants. Filed byGary Freund, Wayne McMath. (Kashima, Trenton) (Filed on 2/10/2023)
February 9, 2023	Filing 42 ORDER GRANTING #41 STIPULATION TO RESCHEDULE DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT AND TO SET BRIEFING SCHEDULE ON ANY MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 2/9/2023. (blflc3, COURT STAFF) (Filed on 2/9/2023)
February 8, 2023	Filing 41 STIPULATION WITH PROPOSED ORDER filed by HP, Inc. (Attachments: #1 [Proposed] Order on Stipulation to Reschedule Defendant's Deadline to Respond to Plaintiffs' FAC, and to Set Briefing Schedule on Any Motion to Dismiss)(Chen, Christina) (Filed on 2/8/2023)
January 19, 2023	Filing 40 Transcript of Proceedings held on 1-5-23, before Judge Beth Labson Freeman. Court Reporter Lee-Anne Shortridge, email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order ) Release of Transcript Restriction set for 4/19/2023. (Related documents(s) #37 ) (las, ) (Filed on 1/19/2023)
January 13, 2023	Filing 39 ORDER GRANTING #14 MOTION TO DISMISS COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 1/13/2023. (blflc3, COURT STAFF) (Filed on 1/13/2023)
January 5, 2023	Filing 38 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 1/5/2023 re #14 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by HP, Inc. Total Time in Court: 31 Minutes. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Trenton Kashima, Russell Busch. Defendant Attorney: Molly Moriarty Lane, Christina Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 1/5/2023)
January 5, 2023	Filing 37 TRANSCRIPT ORDER for proceedings held on 1/05/2023 before Judge Beth Labson Freeman by Gary Freund, Wayne McMath, for Court Reporter Lee-Anne Shortridge. (Kashima, Trenton) (Filed on 1/5/2023)
December 29, 2022	Filing 36 CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #14 MOTION to Dismiss Plaintiffs' Class Action Complaint set for 1/05/2023 09:00 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 1/03/2023, at 2:00 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 12/29/2022)
November 18, 2022	Filing 35 ORDER GRANTING #34 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Judge Beth Labson Freeman on 11/18/2022. (blflc3, COURT STAFF) (Filed on 11/18/2022)
November 18, 2022	Filing 34 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17739903.) filed by Gary Freund, Wayne McMath. (Attachments: #1 Certificate of Good Standing)(Honeycutt, Alexandra) (Filed on 11/18/2022)
November 7, 2022	Filing 33 ORDER GRANTING #32 STIPULATION REGARDING PRETRIAL DEADLINES. Signed by Judge Beth Labson Freeman on 11/7/2022. (blflc3, COURT STAFF) (Filed on 11/7/2022)
November 4, 2022	Filing 32 STIPULATION WITH PROPOSED ORDER on Scheduling Additional Pre-Trial Deadlines filed by HP, Inc. (Chen, Christina) (Filed on 11/4/2022)
November 4, 2022	Filing 31 ADR Clerk's Notice Appointing Monique Olivier as Mediator. (af, COURT STAFF) (Filed on 11/4/2022)
October 31, 2022	Filing 30 ORDER GRANTING #29 STIPULATION SELECTING MEDIATION. Signed by Judge Beth Labson Freeman on 10/31/2022. (blflc3, COURT STAFF) (Filed on 10/31/2022)
October 31, 2022	Filing 29 STIPULATION and Proposed Order selecting Mediation by Gary Freund, Wayne McMath filed by Gary Freund, Wayne McMath. (Kashima, Trenton) (Filed on 10/31/2022)
October 31, 2022	CASE REFERRED to Mediation. (cmf, COURT STAFF) (Filed on 10/31/2022)
October 27, 2022	Filing 28 REPLY (re #14 MOTION to Dismiss Plaintiffs' Class Action Complaint ) filed byHP, Inc. (Chen, Christina) (Filed on 10/27/2022)
October 21, 2022	Filing 27 CASE MANAGEMENT ORDER: Last Day to Hear Dispositive Motions set for 11/14/2024 09:00 AM; Final Pretrial Conference set for 2/27/2025 01:30 PM; Jury Selection set for 4/4/2025, 4/7/2025 09:00 AM; Jury Trial set for 4/7/2025, 4/8/2025, 4/9/2025, 4/10/2025, 4/11/2025, 4/14/2025, 4/15/2025, 4/16/2025, 4/17/2025, 4/18/2025 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 10/21/2022. (tsh, COURT STAFF) (Filed on 10/21/2022)
October 20, 2022	Filing 26 Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 10/20/2022.Case Scheduling Order to be Issued.Digital Recording Time: Zoom 11:24 - 11:33. Plaintiff Attorney: John Nelson, Russell Busch. Defendant Attorney: Molly Lane, Christina Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 10/20/2022)
October 18, 2022	Filing 25 ORDER GRANTING #24 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 10/18/2022. (blflc3, COURT STAFF) (Filed on 10/18/2022)
October 18, 2022	Filing 24 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-17638738.) filed by Gary Freund, Wayne McMath. (Attachments: #1 Certificate of Good Standing)(Busch, Russell) (Filed on 10/18/2022)
October 17, 2022	Filing 23 OPPOSITION/RESPONSE (re #14 MOTION to Dismiss Plaintiffs' Class Action Complaint ) filed byGary Freund, Wayne McMath. (Kashima, Trenton) (Filed on 10/17/2022)
October 17, 2022	Filing 22 NOTICE of Appearance by Molly Moriarty Lane (Lane, Molly) (Filed on 10/17/2022)
October 17, 2022	Filing 21 ORDER STRIKING #19 PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR FAILURE TO COMPLY WITH STANDING ORDERS. Signed by Judge Beth Labson Freeman on 10/17/2022. (blflc3, COURT STAFF) (Filed on 10/17/2022)
October 17, 2022	Filing 20 NOTICE of Appearance by John J. Nelson of Plaintiffs Gary Freund and Wayne McMath (Nelson, John) (Filed on 10/17/2022)
October 13, 2022	Filing 19 OPPOSITION/RESPONSE (re #14 MOTION to Dismiss Plaintiffs' Class Action Complaint ) filed byGary Freund, Wayne McMath. (Kashima, Trenton) (Filed on 10/13/2022)
October 13, 2022	Filing 18 REPORT of Rule 26(f) Planning Meeting and Case Management Statement. (Kashima, Trenton) (Filed on 10/13/2022)
October 13, 2022	Filing 17 CLERK'S NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR CONFERENCE and NOTICE OF REQUIRED REGISTRATION. Initial Case Management Conference set for 10/20/2022 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 10/18/2022, 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 10/13/2022)
September 28, 2022	Filing 16 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Gary Freund (Kashima, Trenton) (Filed on 9/28/2022)
September 28, 2022	Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Wayne McMath (Kashima, Trenton) (Filed on 9/28/2022)
September 15, 2022	Filing 14 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by HP, Inc. Motion Hearing set for 1/5/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 10/13/2022. Replies due by 10/27/2022. (Attachments: #1 [Proposed] Order Granting Defendant HP Inc.'s Motion to Dismiss Plaintiffs' Class Action Complaint)(Chen, Christina) (Filed on 9/15/2022)
August 9, 2022	Filing 13 ORDER GRANTING #12 STIPULATION. Signed by Judge Beth Labson Freeman on 8/9/2022. (blflc4, COURT STAFF) (Filed on 8/9/2022)
August 8, 2022	Filing 12 STIPULATION WITH PROPOSED ORDER to Reschedule Defendant's Deadline to Respond to Plaintiffs' Class Action Complaint, and to Set Briefing Schedule on any Motion to Dismiss filed by HP, Inc. (Attachments: #1 [Proposed] Order on Stipulation to Reschedule Defendant's Deadline to Respond to Plaintiffs' Class Action Complaint, and to Set Briefing Schedule on any Motion to Dismiss)(Chen, Christina) (Filed on 8/8/2022)
July 22, 2022	Filing 11 SUMMONS Returned Executed by Gary Freund, Wayne McMath. HP, Inc served on 7/19/2022, answer due 8/9/2022. (Kashima, Trenton) (Filed on 7/22/2022)
July 21, 2022	#Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety as Summons Returned Executed. Re: #10 Certificate of Service filed by Gary Freund , Wayne McMath (sfb, COURT STAFF) (Filed on 7/21/2022)
July 20, 2022	Filing 10 CERTIFICATE OF SERVICE by Gary Freund, Wayne McMath re #5 Summons Issued (Kashima, Trenton) (Filed on 7/20/2022)
July 7, 2022	Filing 9 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 10/13/2022. Initial Case Management Conference set for 10/20/2022 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 7/7/2022)
July 6, 2022	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 case. Reassignment Order signed by Clerk on 7/6/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 7/6/2022)
July 6, 2022	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 7/6/2022)
July 6, 2022	Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gary Freund, Wayne McMath.. (Kashima, Trenton) (Filed on 7/6/2022)
June 28, 2022	Filing 5 Summons Issued as to HP, Inc. (sfb, COURT STAFF) (Filed on 6/28/2022)
June 28, 2022	Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/21/2022. Initial Case Management Conference set for 9/28/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfb, COURT STAFF) (Filed on 6/28/2022)
June 27, 2022	Filing 3 Case assigned to Magistrate 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/11/2022. (cv, COURT STAFF) (Filed on 6/27/2022)
June 27, 2022	Filing 2 Proposed Summons. (Kashima, Trenton) (Filed on 6/27/2022)
June 27, 2022	Filing 1 COMPLAINT against HP, Inc. d/b/a HP Computing and Printing Inc. ( Filing fee $ 402, receipt number ACANDC-17299853.). Filed byGary Freund, Wayne McMath. (Attachments: #1 Civil Cover Sheet)(Kashima, Trenton) (Filed on 6/27/2022)

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Search for this case: Freund et al v. HP, Inc.
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Plaintiff: Gary Freund
Represented By:	Trenton Ross Kashima
Represented By:	Alexandra M. Honeycutt
Represented By:	David S. Almeida
Represented By:	John J. Nelson
Represented By:	Russell Busch
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Plaintiff: Wayne McMath
Represented By:	Trenton Ross Kashima
Represented By:	Alexandra M. Honeycutt
Represented By:	David S. Almeida
Represented By:	John J. Nelson
Represented By:	Russell Busch
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Defendant: HP, Inc doing business as HP Computing and Printing Inc.
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Defendant: HP, Inc a Delaware Corporation doing business as HP Computing and Printing Inc.
Represented By:	Christina Lin Chen
Represented By:	Molly Moriarty Lane
Represented By:	Phillip Jared Wiese
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