Kirby et al v. AT&T Corp. et al
Plaintiff: James Kirby and Sarah Jean Kirby-Gonzalez
Defendant: AT&T Corp., AT&T Mobility, LLC, Does 1-10 inclusive and Does 1-10
Case Number: 3:2021cv01680
Filed: September 27, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Roger T Benitez
Referring Judge: Bernard G Skomal
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2023 Opinion or Order Filing 29 Minute Entry and Order by Magistrate Judge Bernard G. Skomal: Notice of settlement filed. Accordingly, the Early Neutral Evaluation Conference and Case Management Conference set for 12/6/2023 2:00 PM are vacated. A telephonic Settlement Disposition Conference will be held with counsel only on 12/15/2023 10:00 AM before Magistrate Judge Bernard G. Skomal. Counsel for Plaintiffs shall initiate and coordinate a conference call to chambers at (619) 557-2993 at the time of the conference. The conference will be vacated if a joint motion to dismiss is filed, and a proposed order for dismissal is emailed to the district judge, in advance of the conference. (no document attached) (cdc)
November 13, 2023 Opinion or Order Filing 28 NOTICE of Settlement of Entire Case by James Kirby, Sarah Jean Kirby-Gonzalez (Ackerman, Whitney) (ddf).
October 2, 2023 Opinion or Order Filing 27 NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance And Case Management Conference. Signed by Magistrate Judge Bernard G. Skomal on 10/2/2023.(ddf)
September 29, 2023 Opinion or Order Filing 26 ANSWER to #20 Amended Complaint Answer to Third Amended Complaint by AT&T Corp..(Stagg, Nancy) (ddf).
August 25, 2023 Opinion or Order Filing 25 ORDER Granting-In-Part AT&T's Motion To Dismiss Plaintiffs' Third Amended Complaint [ECF No. #21 ]. Signed by Judge Roger T. Benitez on 8/25/2023. (ddf) .
January 13, 2023 Opinion or Order Filing 24 Minute Order issued by the Honorable Roger T. Benitez: Submitting #21 MOTION to Dismiss for Failure to State a Claim re Plaintiff's Third Amended Complaint. Court to issue written Order. Motion Hearing date of 1/23/2023 is hereby vacated. (no document attached) (gxr)
January 12, 2023 Opinion or Order Filing 23 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim re Plaintiff's Third Amended Complaint filed by AT&T Corp.. (Stagg, Nancy) (cxl1).
January 4, 2023 Opinion or Order Filing 22 RESPONSE in Opposition re #21 MOTION to Dismiss for Failure to State a Claim re Plaintiff's Third Amended Complaint filed by James Kirby, Sarah Jean Kirby-Gonzalez. (Ackerman, Whitney) (ddf).
December 19, 2022 Opinion or Order Filing 21 MOTION to Dismiss for Failure to State a Claim re Plaintiff's Third Amended Complaint by AT&T Corp.. (Attachments: #1 Memo of Points and Authorities)(Stagg, Nancy) (ddf).
December 6, 2022 Opinion or Order Filing 20 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by James Kirby, Sarah Jean Kirby-Gonzalez. (Ackerman, Whitney) (ddf).
November 23, 2022 Opinion or Order Filing 19 ORDER granting #15 Motion to Dismiss for Failure to State a Claim re Second Amended Complaint. Plaintiff may file a Third Amended Complaint within twenty-one (21) days of this order that cures the pleading deficiencies identified herein. Signed by Judge Roger T. Benitez on 11/23/2022. (fth)
July 22, 2022 Opinion or Order Filing 18 Minute Order issued by the Honorable Roger T. Benitez: Submitting #15 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint. Court to issue written Order. Motion Hearing date of 7/25/2022 is hereby vacated. (no document attached) (gxr)
July 7, 2022 Opinion or Order Filing 17 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint filed by AT&T Corp.. (Stagg, Nancy) (ddf).
June 8, 2022 Opinion or Order Filing 16 RESPONSE to Motion re #15 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint filed by James Kirby, Sarah Jean Kirby-Gonzalez. (Ackerman, Whitney) (ddf).
May 31, 2022 Opinion or Order Filing 15 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint by AT&T Corp.. (Attachments: #1 Memo of Points and Authorities)(Stagg, Nancy) (ddf).
May 14, 2022 Opinion or Order Filing 14 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by James Kirby, Sarah Jean Kirby-Gonzalez. (Attachments: #1 Declaration Declartion of James Kirby, #2 Declaration Declaration of Sarah Kirby) (Ackerman, Whitney) (ddf).
April 26, 2022 Opinion or Order Filing 13 ORDER On Defendant's Motion To Dismiss [ECF No. #9 ]. Signed by Judge Roger T. Benitez on 4/26/20222. (ddf)
November 22, 2021 Opinion or Order Filing 12 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by AT&T Corp.. (Stagg, Nancy) (jpp).
November 22, 2021 Opinion or Order Filing 11 Minute Order issued by the Honorable Roger T. Benitez: Submitting #9 MOTION to Dismiss for Failure to State a Claim . Court to issue written Order. Motion Hearing date of 11/29/2021 is hereby vacated. (no document attached) (gxr)
November 8, 2021 Opinion or Order Filing 10 RESPONSE in Opposition re #9 MOTION to Dismiss for Failure to State a Claim Whitney D. Ackerman Esq. filed by James Kirby, Sarah Jean Kirby-Gonzalez. (Ackerman, Whitney) (jpp).
November 1, 2021 Opinion or Order Filing 9 MOTION to Dismiss for Failure to State a Claim by AT&T Corp.. (Attachments: #1 Memo of Points and Authorities)(Stagg, Nancy) (jpp).
November 1, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Sarah F. Glendon on behalf of AT&T Corp. (Glendon, Sarah)Attorney Sarah F. Glendon added to party AT&T Corp.(pty:dft) (jpp).
October 13, 2021 Opinion or Order Filing 7 NOTICE of Withdrawal of Adam P. Wiley as Counsel for Defendant AT&T Mobility LLC by AT&T Corp. (Wiley, Adam) (zda).
October 1, 2021 Opinion or Order Filing 6 ORDER granting #5 Joint Motion for Extension of Time to respond to First Amended Complaint to on or before 11/1/2021. Signed by Judge Roger T. Benitez on 10/01/2021. (jpp)
September 30, 2021 Opinion or Order Filing 5 Joint MOTION for Extension of Time to File Answer Motion to Extend Time for AT&T to Respond to First Amended Complaint by AT&T Corp.. (Stagg, Nancy) (jpp).
September 27, 2021 Opinion or Order Filing 4 NOTICE of Appearance by Adam Pearce Wiley on behalf of AT&T Corp. (Wiley, Adam)Attorney Adam Pearce Wiley added to party AT&T Corp.(pty:dft) (jpp).
September 27, 2021 Opinion or Order Filing 3 NOTICE of Party With Financial Interest by AT&T Corp. . Identifying Corporate Parent AT&T Inc. for AT&T Corp.. (Stagg, Nancy) (jpp).
September 27, 2021 Opinion or Order Filing 2 CERTIFICATE OF SERVICE by AT&T Corp. re #1 Notice of Removal,, (Stagg, Nancy) (jpp).
September 27, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16165889.), filed by AT&T Corp. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A to Notice of Removal, #3 Declaration of Jackie A. Begue, #4 Declaration of Nancy L. Stagg, #5 Exhibit A to Decl of Stagg, #6 Exhibit B to Decl of Stagg, #7 Exhibit C to Decl of Stagg, #8 Exhibit D to Decl of Stagg, #9 Exhibit E to Decl of Stagg)The new case number is 3:21-cv-1680-BEN-BGS. Judge Roger T. Benitez and Magistrate Judge Bernard G. Skomal are assigned to the case. (fth) (rmc).

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Defendant: AT&T Corp.
Represented By: Nancy L. Stagg
Represented By: Adam Pearce Wiley
Represented By: Sarah F. Glendon
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Defendant: AT&T Mobility, LLC
Represented By: Nancy L. Stagg
Represented By: Adam Pearce Wiley
Represented By: Sarah F. Glendon
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Defendant: Does 1-10 inclusive
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Defendant: Does 1-10
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Plaintiff: James Kirby
Represented By: Whitney Ackerman
Represented By: Whitney D. Ackerman
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Plaintiff: Sarah Jean Kirby-Gonzalez
Represented By: Whitney Ackerman
Represented By: Whitney D. Ackerman
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