Sawyer et al v. Monterey Bay Aquarium et al
| Arthur Sawyer, Jarrett Drake, Eric Meschino and Bill Souza |
| Monterey Bay Aquarium and Marine Stewardship Council |
| 5:2023cv04994 |
| September 29, 2023 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 Request for Judicial Notice re #38 MOTION to Strike CCP section 425.16 filed byMonterey Bay Aquarium. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Related document(s) #38 ) (Kaufman, Rebecca) (Filed on 11/17/2023) |
| Filing 39 Declaration of Jennifer Dianto Kemmerly in Support of #38 MOTION to Strike CCP section 425.16 filed byMonterey Bay Aquarium. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #38 ) (Kaufman, Rebecca) (Filed on 11/17/2023) |
| Filing 38 MOTION to Strike CCP section 425.16 filed by Monterey Bay Aquarium. Motion Hearing set for 4/11/2024 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman. Responses due by 12/1/2023. Replies due by 12/8/2023. (Attachments: #1 Proposed Order Granting Special Motion to Strike)(Kaufman, Rebecca) (Filed on 11/17/2023) |
| Filing 37 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 2/22/2024. Initial Case Management Conference set for 2/29/2024 11:00 AM before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 11/1/2023) |
Filing 36
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. Magistrate Judge Nathanael M. Cousins no longer assigned to case, except for Discovery Purposes Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: #1 Notice of Eligibility for Video Recording)(sfb, COURT STAFF) (Filed on 10/31/2023)
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| Filing 35 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 AND WILL 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. (lmh, COURT STAFF) (Filed on 10/30/2023) |
| Filing 34 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Monterey Bay Aquarium.. (Kaufman, Rebecca) (Filed on 10/30/2023) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kaufman, Rebecca) (Filed on 10/27/2023) |
| Filing 32 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/26/2023) |
| Filing 31 NOTICE of Appearance by John D. Pernick (Pernick, John) (Filed on 10/5/2023) |
| Filing 30 NOTICE by Monterey Bay Aquarium Notice of Pendency of Other Action or Proceeding (L.R. 3-13) (Attachments: #1 Exhibit Complaint filed 3/14/23 in Maine action)(Kaufman, Rebecca) (Filed on 10/5/2023) |
| Filing 29 Certificate of Interested Entities by Monterey Bay Aquarium identifying Corporate Parent Monterey Bay Aquarium Foundation for Monterey Bay Aquarium. (Kaufman, Rebecca) (Filed on 10/3/2023) |
| Filing 28 ANSWER to Complaint with Jury Demand byMonterey Bay Aquarium. (Kaufman, Rebecca) (Filed on 10/3/2023) |
| Filing 27 CLERK'S NOTICE ADVANCING Initial Case Management Conference set for 12/27/2023, to 11/15/2023, at 10:00 AM by telephone. Case Management Statement, including consent/declination of the parties, due by 11/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/29/2023) |
| Filing 26 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/20/2023. Initial Case Management Conference set for 12/27/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfb, COURT STAFF) (Filed on 9/29/2023) |
| Filing 25 Case transferred in from District of Louisiana Eastern; Case Number 2:23-cv-00796. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
ORDER AND REASONS: For the reasons set forth herein, IT IS ORDERED that Defendant Monterey Bay Aquarium Foundation's Motion to Transfer is GRANTED and this matter is hereby TRANSFERRED to the United States District Court for the Northern District of California. Signed by Judge Greg Gerard Guidry on 09/28/2023.(js)
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| Filing 23 NOTICE of Voluntary Dismissal Without Prejudice as to Marine Stewardship Council by All Plaintiffs. (Robbins, Kristin) |
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Filing 22
ORDER TO SHOW CAUSE as to Plaintiff is instructed to file proof of service, or show good cause, in writing, why service of process has not been effected on said defendant. Failure to comply with this order may result in dismissal of this defendant without further notice. Show Cause set on or before 7/13/2023 before Judge Greg Gerard Guidry. Signed by Judge Greg Gerard Guidry on 07/06/2023.(cs)
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| Filing 21 Sur Reply filed by Monterey Bay Aquarium, in Support of #7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction. (js) |
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Filing 20
ORDER granting #19 Motion for Leave to File Reply. Signed by Judge Greg Gerard Guidry on 06/15/2023. (js)
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| Filing 19 EXPARTE/CONSENT MOTION for Leave to File Supplemental Reply Memorandum in Support of Motion to Transfer Due to Improper Venue or, in the Alternative, Lack Personal Jurisdiction by Monterey Bay Aquarium. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Mince, Loretta) |
| Filing 18 Sur Reply filed by Jarrett Drake, Eric Meschino, Arthur Sawyer, Bill Souza, in Opposition of #7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(js) |
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Filing 17
ORDER granting #16 Motion for Leave to File Sur Reply. Signed by Judge Greg Gerard Guidry on 06/09/2023. (js)
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| Filing 16 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition of Motion to Transfer and Alternative Motion to Dismiss by Jarrett Drake, Eric Meschino, Arthur Sawyer, Bill Souza. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Exhibit 1, #4 Proposed Exhibit 2, #5 Proposed Exhibit 3, #6 Proposed Exhibit 4)(Robbins, Kristin) Modified text on 6/9/2023 (js). |
| Filing 15 REPLY to Response to Motion filed by Monterey Bay Aquarium re #7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction. (js) |
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Filing 14
ORDER granting #13 Motion for Leave to File Reply. Signed by Judge Greg Gerard Guidry on 05/23/2023. (js)
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| Filing 13 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Motion to Transfer Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction by Monterey Bay Aquarium. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Mince, Loretta) Modified text on 5/22/2023 (js). |
| Filing 12 Correction of Docket Entry by Clerk re #11 Response/Memorandum in Opposition to Motion. Document does not contain Section or Magistrate Judge. All future pleadings must reflect Section T, Judge Greg Gerard Guidry and Magistrate 4, Magistrate Judge Karen Wells Roby. (js) |
| Filing 11 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction . (Robbins, Kristin) |
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Filing 10
ORDER: IT IS ORDERED that the #8 Motion to Continue Submission Date is GRANTED and the submission date for the #7 Motion to Transfer due to Improper Venue, or, in the alternative, Lack of Personal Jurisdiction be and is hereby continued and reset to May 24, 2023, at 10:00 A.M. Signed by Judge Greg Gerard Guidry on 04/27/2023.(js)
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| Filing 9 Correction of Docket Entry by Clerk re #8 Motion for Extension of Time to File Response/Reply. Filing attorney selected incorrect event. Correct event is Motion to Continue. Clerk took corrective action. (js) |
| Filing 8 EXPARTE/CONSENT MOTION to Continue Submission Date as to #7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction by Jarrett Drake, Eric Meschino, Arthur Sawyer, Bill Souza. (Attachments: #1 Memorandum in Support, #2 Proposed Order.)(Robbins, Kristin) Modified text/event on 4/27/2023 (js). |
| Filing 7 MOTION to Transfer Case Due to Improper Venue or, in the Alternative, Lack of Personal Jurisdiction by Monterey Bay Aquarium. Motion(s) will be submitted on 5/10/2323. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)Attorney Loretta G. Mince added to party Monterey Bay Aquarium(pty:dft).(Mince, Loretta) |
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Filing 6
ORDER granting #5 Motion to Appear Pro Hac Vice as to Samuel Peter Blatchley. Signed by Judge Greg Gerard Guidry on 3/21/2023. (Attachments: #1 PHV Notice) (mm)
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| Filing 5 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Samuel P. Blatchley (Filing fee $ 100 receipt number ALAEDC-9853425) by Jarrett Drake, Eric Meschino, Arthur Sawyer, Bill Souza. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Statement Under Oath, #3 Proposed Order, #4 Exhibit Consent to Electronic Filing form)(Robbins, Kristin) |
| Filing 4 WAIVER OF SERVICE Returned Executed; waiver sent to Monterey Bay Aquarium on 3/9/2023, answer due 5/8/2023. (Robbins, Kristin) |
| Filing 3 Summons Issued as to Marine Stewardship Council, Monterey Bay Aquarium. (Attachments: #1 Summons)(cs) |
| Filing 2 Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby. (ess) |
| Filing 1 COMPLAINT with jury demand against Marine Stewardship Council, Monterey Bay Aquarium (Filing fee $ 402 receipt number ALAEDC-9825340) filed by Bill Souza, Arthur Sawyer, Eric Meschino, Jarrett Drake. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Monterey Bay Aquarium, #3 Summons Marine Stewardship Council)Attorney Kristin Kay Robbins added to party Jarrett Drake(pty:pla), Attorney Kristin Kay Robbins added to party Eric Meschino(pty:pla), Attorney Kristin Kay Robbins added to party Arthur Sawyer(pty:pla), Attorney Kristin Kay Robbins added to party Bill Souza(pty:pla).(Robbins, Kristin) |
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