Nunez v. Saks Incorporated et al
Plaintiff: Randy Nunez
Defendant: Saks Incorporated and Does 1-50
Case Number: 3:2015cv02717
Filed: December 3, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: William V Gallo
Referring Judge: John A Houston
Nature of Suit: Other Fraud
Cause of Action: 15 U.S.C. § 0045 Federal Trade Commission Act (unfair or deceptive acts)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2023 Opinion or Order Filing 71 ORDER Denying Defendant's Motion to Dismiss and Granting in part Defendant's Motion to Strike re: #61 #62 #63 . Signed by Judge John A. Houston on 05/16/2023. (bdc)
August 17, 2020 Opinion or Order Filing 70 ORDER Granting #69 Notice of Withdrawal. IT IS HEREBY ORDERED the notice isGRANTED. Accordingly, Rachel R. Goldberg is no longer attorney of record in theabove captioned matter. Signed by Judge John A. Houston on 8/17/2020. (tcf)
August 13, 2020 Opinion or Order Filing 69 MOTION to Withdraw as Attorney by Saks Incorporated. (Goldberg, Rachel) (tcf).
January 6, 2020 Opinion or Order Filing 68 ORDER Vacating Hearing. #63 Amended MOTION to Amend/Correct #61 MOTION to Strike Plaintiff's Request for Disgorgement to Correct Hearing Date, #62 MOTION to Dismiss Plaintiff's Fourth Amended Complaint, #61 MOTION to Strike Plaintiff's Request for Disgorgement are taken under submission without oral argument and the hearing set for January 13, 2020, at 2:30 p.m. is VACATED. Signed by Judge John A. Houston on 1/6/2020. (tcf)
November 26, 2019 Opinion or Order Filing 67 REPLY to Response to Motion re #62 MOTION to Dismiss Plaintiff's Fourth Amended Complaint filed by Saks Incorporated. (Lally, Amy) (tcf).
November 26, 2019 Opinion or Order Filing 66 REPLY to Response to Motion re #61 MOTION to Strike Plaintiff's Request for Disgorgement filed by Saks Incorporated. (Lally, Amy) (tcf).
November 5, 2019 Opinion or Order Filing 65 RESPONSE in Opposition re #62 MOTION to Dismiss Plaintiff's Fourth Amended Complaint filed by Randy Nunez. (Comite, Erin Green) (tcf).
November 5, 2019 Opinion or Order Filing 64 RESPONSE in Opposition re #61 MOTION to Strike Plaintiff's Request for Disgorgement filed by Randy Nunez. (Comite, Erin Green) (tcf).
October 3, 2019 Opinion or Order Filing 63 Amended MOTION to Amend/Correct #61 MOTION to Strike Plaintiff's Request for Disgorgement to Correct Hearing Date by Saks Incorporated. (Lally, Amy) (tcf).
October 1, 2019 Opinion or Order Filing 62 MOTION to Dismiss Plaintiff's Fourth Amended Complaint by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A to RJN, #4 Exhibit B to RJN, #5 Exhibit C to RJN, #6 Exhibit D to RJN, #7 Exhibit E to RJN, #8 Exhibit F to RJN, #9 Proposed Order)(Lally, Amy) QC mailer sent re: proposed order attached (tcf).
October 1, 2019 Opinion or Order Filing 61 MOTION to Strike Plaintiff's Request for Disgorgement by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Lally, Amy) QC mailer sent re: proposed order attached (tcf).
October 1, 2019 Opinion or Order Filing 60 NOTICE of Appearance by Alexandria Vanessa Ruiz on behalf of Saks Incorporated (Ruiz, Alexandria)Attorney Alexandria Vanessa Ruiz added to party Saks Incorporated(pty:dft) (tcf).
August 16, 2019 Opinion or Order Filing 59 MANDATE of USCA reversing and remanding to the USDC as to #50 Notice of Appeal to the 9th Circuit filed by Randy Nunez. (akr)
August 16, 2019 Opinion or Order Filing 58 AMENDED COMPLAINT with Jury Demand FOURTH AMENDED CLASS ACTION COMPLAINT against Does 1-50, Saks Incorporated, filed by Randy Nunez. (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) (Guglielmo, Joseph) (tcf).
August 7, 2019 Opinion or Order Filing 57 ORDER Granting #56 Joint Motion Re: Scheduling and Vacating Telephonic Status Conference. Plaintiff shall file a Fourth Amended Class Action Complaint by August 16, 2019. Defendant shall respond to the Fourth Amended Class Action Complaint by October 1, 2019. To the extent Defendant files a motion in lieu of an answer, Plaintiff shall file any brief in opposition by November 5, 2019, and Defendant shall file its reply brief on November 26, 2019. The telephonic status conference (Doc. No #55 ), originally set for Monday, August 12, 2019 at 3:00 p.m., is VACATED. Signed by Judge John A. Houston on 8/7/2019. (tcf) (jao).
August 7, 2019 Opinion or Order Filing 56 Joint MOTION Regarding Schedule for Further Proceedings re #55 Scheduling Order, by Randy Nunez. (Comite, Erin Green) (tcf).
July 19, 2019 Opinion or Order Filing 55 Order Setting Telephonic Status Conference: A telephonic status conference is set for August 12, 2019 at 3:00 p.m. Counsel shall meet and confer to determine whether a stipulation regarding proposed further proceedings and timeline for the same can be reached. Signed by Judge John A. Houston on 7/19/2019.(tcf) (jao).
March 8, 2018 Opinion or Order Filing 54 NOTICE of Change of Address by John T. Jasnoch (Jasnoch, John) (jpp).
December 5, 2017 Opinion or Order Filing 53 USCA Time Schedule Order as to #50 Notice of Appeal to 9th Circuit, filed by Randy Nunez. (akr)
December 5, 2017 Opinion or Order Filing 52 USCA Case Number 17-56821 for #50 Notice of Appeal to 9th Circuit, filed by Randy Nunez. (akr)
December 4, 2017 Opinion or Order Filing 51 SUPPLEMENTAL DOCUMENT by Randy Nunez re #50 Notice of Appeal to 9th Circuit: Statement of Representation on Appeal. (Jasnoch, John). (akr).
December 4, 2017 Opinion or Order Filing 50 NOTICE OF APPEAL to the 9th Circuit as to #48 Order granting Defendant's Motion to Dismiss, #49 Clerk's Judgment, #33 Order granting Defendant's Motion to Dismiss, by Randy Nunez. (Filing fee $ 505 receipt number 0974-10690985.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Jasnoch, John). (Main Document 50 replaced on 12/4/2017 with printed .pdf of document, which was originally e-filed as an active fillable form. Modified on 12/4/2017 to edit docket text re linked Orders.) (akr).
December 1, 2017 Opinion or Order Filing 49 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Defendant's motion to dismiss is granted. Plaintiff's claims are dismissed with prejudice. (jpp) (sjt).
December 1, 2017 Opinion or Order Filing 48 ORDER granting #38 Defendant's Motion to Dismiss. Plaintiff's claims are dismissed with prejudice. Signed by Judge John A. Houston on 11/28/2017. (jpp)
November 8, 2017 Opinion or Order Filing 47 RESPONSE re #46 Notice (Other) Defendant's Response to Plaintiff's Notice of Supplemental Authority filed by Saks Incorporated. (Goldberg, Rachel) (jpp).
October 24, 2017 Opinion or Order Filing 46 NOTICE of Supplemental Authority in Further Opposition to Motion to Dismiss by Randy Nunez (Attachments: #1 Exhibit A)(Jasnoch, John) (jpp).
September 8, 2017 Opinion or Order Filing 45 NOTICE of Supplemental Authority In Support of Defendant's Motion to Dismiss and Response to Plaintiff's Notice of Supplemental Authority by Saks Incorporated re #44 Notice (Other), #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Lally, Amy) (jpp).
August 30, 2017 Opinion or Order Filing 44 NOTICE of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss the Third Amended Complaint by Randy Nunez re #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Proof of Service)(Carpenter, Todd) (jpp).
August 9, 2017 Opinion or Order Filing 43 ORDER vacating hearing and denying Plaintiff's first motion to dismiss as moot (doc #35 ). In addition, after a careful review of the pleadings submitted in support of, and in opposition to, Defendants Motion to Dismiss ([doc. #38 ), this Court deems the motion suitable for disposition without oral argument. The motion is taken under submission and the hearing date of 8/14/2017 is vacated. Signed by Judge John A. Houston on 8/09/2017. (jpp)
August 9, 2017 Opinion or Order Filing 42 NOTICE of Change of Address by Todd D. Carpenter (Attachments: #1 Proof of Service)(Carpenter, Todd) (jpp).
August 7, 2017 Opinion or Order Filing 41 REPLY to Response to Motion re #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Saks Incorporated. (Goldberg, Rachel) (jpp).
July 31, 2017 Opinion or Order Filing 40 DECLARATION re #39 Response in Opposition to Motion by Plaintiff Randy Nunez. (Attachments: #1 Exhibit A)(Jasnoch, John) (jpp).
July 31, 2017 Opinion or Order Filing 39 RESPONSE in Opposition re #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Randy Nunez. (Jasnoch, John) (jpp).
July 17, 2017 Opinion or Order Filing 38 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Amy P. Lally, #3 Exhibit A-E to Lally Declaration, #4 Request for Judicial Notice, #5 Exhibit 1-2 to Request for Judicial Notice)(Goldberg, Rachel) (jpp).
June 16, 2017 Opinion or Order Filing 37 ORDER granting #36 Joint Motion for Leave to File Third Amended Complaint. Signed by Judge John A. Houston on 6/16/2017. (jpp)
June 15, 2017 Opinion or Order Filing 36 Joint MOTION for Leave to File Third Amended Complaint by Randy Nunez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Carpenter, Todd) (jpp).
May 5, 2017 Opinion or Order Filing 35 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim , MOTION to Strike #34 Amended Complaint by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Amy P. Lally, #3 Exhibit A-D to Lally Declaration, #4 Request for Judicial Notice, #5 Exhibit 1-2 to Request for Judicial Notice)(Goldberg, Rachel) (ag).
April 21, 2017 Opinion or Order Filing 34 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Randy Nunez. (Attachments: #1 Exhibit A-H, #2 Exhibit Redline Version (Local Rule 15.1(c)), #3 Proof of Service Certificate of Service) (Carpenter, Todd) (jpp).
March 22, 2017 Opinion or Order Filing 33 ORDER granting #11 Defendant's Motion to Dismiss. To the extent that Plaintiff is able to cure the noted deficiencies, Plaintiff may file a second amended complaint within 30 days of this order. Accordingly, Defendants motion to strike (Doc. No. #12 ) is denied as moot.Signed by Judge John A. Houston on 3/22/2017. (jpp) (sjt).
January 6, 2017 Opinion or Order Filing 32 MOTION to Withdraw as Attorney by Saks Incorporated. (Culbertson, Emily) (jpp).
October 3, 2016 Opinion or Order Filing 31 RESPONSE re #30 Notice (Other) Defendant's Response to Plaintiff's Notice of Supplemental Authority filed by Saks Incorporated. (Lally, Amy) (jpp).
September 13, 2016 Opinion or Order Filing 30 NOTICE of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss by Randy Nunez re #16 Response in Opposition to Motion (Jasnoch, John) (jpp).
August 4, 2016 Opinion or Order Filing 29 NOTICE of Change of Address by Joseph P. Guglielmo (Guglielmo, Joseph) (jpp).
August 3, 2016 Opinion or Order Filing 28 RESPONSE re #27 Notice (Other) Defendant's Response to Plaintiff's Notice of Supplemental Authority filed by Saks Incorporated. (Lally, Amy) (jpp).
July 7, 2016 Opinion or Order Filing 27 NOTICE of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss by Randy Nunez re #16 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B)(Jasnoch, John) (jpp).
June 21, 2016 Opinion or Order Filing 26 SUPPLEMENTAL BRIEFING by Defendant Saks Incorporated re #11 MOTION to Dismiss Plaintiff's First Amended Complaint . (Attachments: #1 Exhibit 1)(Lally, Amy) (jpp).
April 7, 2016 Opinion or Order Filing 25 NOTICE of Appearance by Todd D. Carpenter on behalf of Randy Nunez (Carpenter, Todd)Attorney Todd D. Carpenter added to party Randy Nunez(pty:pla) qc email re lacking pos on 4/8/2016 (rlu).
April 5, 2016 Opinion or Order Filing 24 ORDER vacating hearing date on #11 motion to Dismiss and #12 motion to strike set for 4/11/2016. Court deems the motion suitable for disposition without oral argument. Signed by Judge John A. Houston on 4/04/2016.(jpp)
March 30, 2016 Opinion or Order Filing 23 REPLY to Response to Motion re #12 MOTION to Strike filed by Saks Incorporated. (Lally, Amy) (jpp).
March 30, 2016 Opinion or Order Filing 22 REPLY to Response to Motion re #11 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Saks Incorporated. (Goldberg, Rachel) (jpp).
March 29, 2016 Opinion or Order Filing 21 NOTICE of Appearance by Rachel Rose Goldberg on behalf of Saks Incorporated (Goldberg, Rachel)Attorney Rachel Rose Goldberg added to party Saks Incorporated(pty:dft) (jpp).
March 16, 2016 Opinion or Order Filing 20 PRO HAC APPROVED: Erin Green Comite appearing for Plaintiff Randy Nunez (no document attached) (ag)
March 15, 2016 Opinion or Order Filing 19 DECLARATION re #18 Response - Other, #16 Response in Opposition to Motion, #17 Response in Opposition to Motion IN SUPPORT by Plaintiff Randy Nunez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Guglielmo, Joseph) (jpp).
March 15, 2016 Opinion or Order Filing 18 RESPONSE re #11 MOTION to Dismiss Plaintiff's First Amended Complaint and OBJECTION TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE filed by Randy Nunez. (Guglielmo, Joseph) (jpp).
March 15, 2016 Opinion or Order Filing 17 RESPONSE in Opposition re #12 MOTION to Strike filed by Randy Nunez. (Guglielmo, Joseph) (jpp).
March 15, 2016 Opinion or Order Filing 16 RESPONSE in Opposition re #11 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Randy Nunez. (Guglielmo, Joseph) (jpp).
February 19, 2016 Opinion or Order Filing 15 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8815112.) (Application to be reviewed by Clerk.) (Comite, Erin Green)(jpp).
February 16, 2016 Opinion or Order Filing 14 PRO HAC APPROVED: Joseph P. Guglielmo appearing for Plaintiff Randy Nunez. (no document attached) (aef)
February 16, 2016 Opinion or Order Filing 13 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8800212.) (Application to be reviewed by Clerk.) (Guglielmo, Joseph)(aef).
February 15, 2016 Opinion or Order Filing 12 MOTION to Strike by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities)(Lally, Amy) (jpp).
February 15, 2016 Opinion or Order Filing 11 MOTION to Dismiss Plaintiff's First Amended Complaint by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Amy Lally, #3 Exhibit A-C to Lally Declaration, #4 Request for Judicial Notice, #5 Exhibit 1-5 to Request for Judicial Notice)(Lally, Amy) (jpp).
February 2, 2016 Opinion or Order Filing 10 NOTICE OF WITHDRAWAL OF DOCUMENT #9 - by Saks Incorporated re #9 Ex Parte MOTION to Continue Rule 26(f) Conference Or In The Alternative To Stay Discovery Responses filed by Saks Incorporated . (Culbertson, Emily) (jpp).
January 29, 2016 Opinion or Order Filing 9 WITHDRAWN PER #10 - Ex Parte MOTION to Continue Rule 26(f) Conference Or In The Alternative To Stay Discovery Responses by Saks Incorporated. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Emily Culbertson, #3 Proposed Order)(Culbertson, Emily)Attorney Emily Z Culbertson added to party Saks Incorporated(pty:dft) QC mail sent re incorrect s/signature, missing cert of service, proposed order should not be attached (kas). Modified on 2/3/2016 to edit text, efiling withdrawn per 10. (jpp).
January 15, 2016 Opinion or Order Filing 8 AMENDED COMPLAINT with Jury Demand against Saks Incorporated, filed by Randy Nunez. (Jasnoch, John) (jpp).
January 4, 2016 Opinion or Order Filing 7 NOTICE OF RELATED CASE(S) by Saks Incorporated of case(s) 2:14-cv-07600 . (Attachments: #1 Appendix Table of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Lally, Amy). Modified on 1/11/2016 to edit text to reflect proposed low number order not prepared, case is from Central District of CA. (jpp).
December 28, 2015 Opinion or Order Filing 6 ORDER for extension of time to to respond to complaint. Defendant shall file its Motion to Dismiss the Complaint on or before January 28, 2016, if no Amended Complaint has been filed. Plaintiff shall file his Amended Complaint on or before January 15, 2016. Defendants Motion to Dismiss the Amended Complaint shall be filed on or before February 15, 2016. Plaintiffs Opposition to the Motion to Dismiss the Amended Complaint shall be filed on or before March 15, 2016. Defendants Reply to the Motion to Dismiss the Amended Complaint shall be filed on or before March 30, 2016. Signed by Judge John A. Houston on 12/28/2015. (jpp)
December 28, 2015 Opinion or Order Filing 5 Corporate Disclosure Statement by Saks Incorporated identifying Corporate Parent Saks Incorporated, Corporate Parent Hudson's Bay Company for Saks Incorporated.. (Lally, Amy) (jpp).
December 28, 2015 Opinion or Order Filing 4 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Saks Incorporated. (Lally, Amy)Attorney Amy Pesapane Lally added to party Saks Incorporated(pty:dft) (jpp).
December 22, 2015 Opinion or Order Filing 3 SUMMONS Returned Executed by Randy Nunez. Saks Incorporated served. (Jasnoch, John) (jpp).
December 3, 2015 Opinion or Order Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)(jrd)
December 3, 2015 Opinion or Order Filing 1 COMPLAINT With Jury Demand Against All Defendants (Filing fee $ 400 receipt number 0974-8619879.), filed by Randy Nunez. (Attachments: #1 Civil Cover Sheet)The new case number is 3:15-cv-02717-JAH-WVG. Judge John A. Houston and Magistrate Judge William V. Gallo are assigned to the case. (Jasnoch, John)(fth)(jrd)

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Plaintiff: Randy Nunez
Represented By: Erin Green Comite
Represented By: John T. Jasnoch
Represented By: Joseph P. Guglielmo
Represented By: Todd D. Carpenter
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Defendant: Saks Incorporated
Represented By: Amy Pesapane Lally
Represented By: Alexandria Vanessa Ruiz
Represented By: Emily Z Culbertson
Represented By: Rachel Rose Goldberg
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Defendant: Does 1-50
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