Livingston v. Pneu-Logic Corporation et al
| Grace Livingston |
| J. Ned Dempsey and Pneu-Logic Corporation |
| 3:2021cv00584 |
| April 19, 2021 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Karin J Immergut |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 57
ORDER: It has come to the Court's attention that counsel for Plaintiff and Defendant Pneu-Logic Corporation are not admitted to practice in the District of Oregon and have not filed motions for leave to appear pro hac vice. Please be advised that only attorneys generally or specially admitted pursuant to LR 83 may practice in this Court. The parties are ordered to file a Joint Status Report updating the Court as to their admission status by 6/25/2021. If all parties have submitted pro hac vice applications before the 6/25/2021 deadline, no status report is necessary. Ordered by Judge Karin J. Immergut. (jy)
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| Filing 56 Notice Notice of Law Firm Name Change Filed by J. Ned Dempsey. (Avery, Julianne) |
| Filing 55 Notice of Appearance of Peter C. Richter appearing on behalf of J. Ned Dempsey. Filed by J. Ned Dempsey. (Richter, Peter) |
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Filing 54
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #53 by attorney Julianne M. Avery. Ordered by Judge Karin J. Immergut. (jy)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Julianne M. Avery. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8065483 #53 : Reviewed and Ready for Ruling. (ecp) |
| Filing 53 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Julianne M. Avery. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8065483. Filed by J. Ned Dempsey. (Avery, Julianne) |
| Filing 52 Notice of Appearance of Justin C. Sawyer appearing on behalf of J. Ned Dempsey Filed by on behalf of J. Ned Dempsey. (Sawyer, Justin) |
| Filing 51 Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (eo) (Notice regenerated to counsel in California Northern.) |
| Filing 50 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Northern District of California. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer #49 . (eo) |
| Filing 49 Case transferred in from District of California Northern; Case Number 3:20-cv-07155. Electronic file received. |
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Filing 48
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, PORTLAND DIVISION. Signed by Judge Joseph C. Spero on April 19, 2021. (jcslc1S, COURT STAFF) (Filed on 4/19/2021) [Transferred from California Northern on 4/19/2021.]
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| Filing 47 NOTICE by Grace Livingston of Request to Transfer Venue to Other District (Last, William) (Filed on 4/16/2021) [Transferred from California Northern on 4/19/2021.] |
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Filing 46
ORDER by Judge Joseph C. Spero GRANTING MOTION TO DISMISS FOR FORUM NON CONVENIENS, DENYING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, AND GRANTING MOTIONS FOR JOINDER; If Plaintiff would like this case transferred to the federal district court in Multnomah County she must notify the Court within seven days of this Order. (jcslc1S, COURT STAFF) (Filed on 4/12/2021) [Transferred from California Northern on 4/19/2021.]
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| Filing 45 CLERKS NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND MOTION HEARING. SETTING ZOOM HEARING. No case management conference statement needs to be filed as one was filed on 3/26/2021. Initial Case Management Conference and Motion Hearing as to #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1), #36 MOTION for Joinder, #23 MOTION for Joinder in Defendant J. Ned Dempsey's Motion to Dismiss for Forum Non Convienens, #18 MOTION to Dismiss FOR FORUM NON CONVENIENS. re-set for 4/16/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding 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/jcs Court Appearances: Adv anced 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 jcscrd@cand.uscourts.gov no later than 4/14/2021 by 3:00 PM PDT.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 e ntry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 3/29/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 44 JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Grace Livingston. (Last, William) (Filed on 3/26/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 43 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE, MOTION HEARING AND SETTING ZOOM HEARING. Case Management Statement due by 3/26/2021. Initial Case Management Conference and Motion Hearing as to #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1), #18 MOTION to Dismiss FOR FORUM NON CONVENIENS, #36 MOTION for Joinder, #23 MOTION for Joinder in Defendant J. Ned Dempsey's Motion to Dismiss for Forum Non Convienens re-set for 4/2/2021 09:30 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding 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/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be id entified 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 jcscrd@cand.uscourts.gov no later than 3/31/2021 by 4:00 PM PDT.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 wit h this entry.), (klhS, COURT STAFF) (Filed on 1/27/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 42 Joinder re #40 Reply to Opposition/Response, #41 Declaration in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction by Pneu-Logic Corporation. (Judd, Darin) (Filed on 1/19/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 41 Declaration of J. Ned Dempsey in Support of #40 Reply to Opposition/Response filed byJ. Ned Dempsey. (Related document(s) #40 ) (Avery, Julianne) (Filed on 1/19/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 40 REPLY (re #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) ) filed byJ. Ned Dempsey. (Avery, Julianne) (Filed on 1/19/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 39 OPPOSITION/RESPONSE (re #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) ) Memorandum of Points and Authorities filed byGrace Livingston. (Last, William) (Filed on 1/11/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 38 DECLARATION of Grace Livingston in Opposition to #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) filed byGrace Livingston. (Related document(s) #33 ) (Last, William) (Filed on 1/11/2021) [Transferred from California Northern on 4/19/2021.] |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #36 Joinder filed by Pneu-Logic Corporation Cor rect event: Motion for Joinder.(klhS, COURT STAFF) (Filed on 1/4/2021) [Transferred from California Northern on 4/19/2021.] |
| Set/Reset Deadlines as to #36 MOTION for Joinder. Motion Hearing set for 2/5/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 1/4/2021) [Transferred from California Northern on 4/19/2021.] |
| Filing 37 CLERKS NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND MOTION HEARING AND SETTING ZOOM HEARING. Case Management Statement due 1/29/2021. Initial Case Management Conference reset for 2/5/2021 09:30 AM in San Francisco, - Videoconference Only. Motion Hearing as to #18 MOTION to Dismiss FOR FORUM NON CONVENIENS, #23 MOTION for Joinder in Defendant J. Ned Dempsey's Motion to Dismiss for Forum Non Convienens. set for 2/5/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding 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/jcs 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 jcscrd@cand.uscourts.gov no later than 2/3/2021 by 3:00 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/.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs 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 jcscrd@cand.uscourts.gov no later than 2/3/2021 by 3:00 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/. |
| Filing 36 Motion for Joinder re #33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) by Pneu-Logic Corporation. (Judd, Darin) (Filed on 12/28/2020) Modified on 1/4/2021 (klhS, COURT STAFF). 1/4/2021: Modified to correct event to Motion for Joinder. Incorrect event Joinder was used. [Transferred from California Northern on 4/19/2021.] |
| Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Grace LIvingston and by Attorney Jonathan M. Bowne (Last, William) (Filed on 12/28/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 34 Joinder re #32 Reply to Opposition/Response, to Motion for Disimissal (Forum Nonconveniens) by Pneu-Logic Corporation. (Judd, Darin) (Filed on 12/28/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) filed by J. Ned Dempsey. Motion Hearing set for 2/5/2021 09:30 AM before Magistrate Judge Joseph C. Spero. Responses due by 1/11/2021. Replies due by 1/19/2021. (Attachments: #1 Exhibit A TO DEMPSEY'S FRCP 12(B)(1) MOTION TO DISMISS, #2 Exhibit B TO DEMPSEY'S FRCP 12(B)(1) MOTION TO DISMISS, #3 Proposed Order GRANTING DEMPSEYS MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1), #4 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/28/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 32 REPLY (re #18 MOTION to Dismiss FOR FORUM NON CONVENIENS ) filed byJ. Ned Dempsey. (Attachments: #1 Exhibit A TO DEFENDANT J. NED DEMPSEY'S REPLY IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, #2 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/28/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant J. Ned Dempsey (Attachments: #1 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/28/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 30 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss FOR FORUM NON CONVENIENS ) filed byGrace Livingston. (Attachments: #1 Declaration)(Last, William) (Filed on 12/21/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 29 NOTICE of Appearance by Julianne Michelle Avery FOR JUSTIN C. SAWYER AND PETER C. RICHTER ON BEHALF OF DEFENDANT J. NED DEMPSEY (Attachments: #1 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/10/2020) [Transferred from California Northern on 4/19/2021.] |
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Filing 28
ORDER, signed 12/8/2020, by Chief Magistrate Judge Joseph C. Spero granting #22 Motion for Pro Hac Vice for Sawyer. (klhS, COURT STAFF) (Filed on 12/8/2020) [Transferred from California Northern on 4/19/2021.]
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Filing 27
Order, signed 12/8/2020, by Chief Magistrate Judge Joseph C. Spero granting #21 Motion for Pro Hac Vice for Richter.(klhS, COURT STAFF) (Filed on 12/8/2020) [Transferred from California Northern on 4/19/2021.]
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| Set/Reset Deadlines as to #23 MOTION for Joinder in Defendant J. Ned Dempsey's Motion to Dismiss for Forum Non Convienens. Motion Hearing set for 1/15/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 12/8/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 26 CERTIFICATE OF SERVICE by Pneu-Logic Corporation (Judd, Darin) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 25 Certificate of Interested Entities by Pneu-Logic Corporation (Judd, Darin) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 24 NOTICE of Appearance by Darin T. Judd on Behalf of Defendant Pneu-Logic Corporation (Judd, Darin) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 23 MOTION for Joinder in Defendant J. Ned Dempsey's Motion to Dismiss for Forum Non Convienens filed by Pneu-Logic Corporation. (Judd, Darin) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 22 MOTION for leave to appear in Pro Hac Vice for Justin C. Sawyer ( Filing fee $ 317, receipt number 0971-15284702.) filed by J. Ned Dempsey. (Attachments: #1 Certificate of Good Standing, #2 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 21 MOTION for leave to appear in Pro Hac Vice for Peter C. Richter ( Filing fee $ 317, receipt number 0971-15284668.) filed by J. Ned Dempsey. (Attachments: #1 Certificate of Good Standing, #2 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 20 NOTICE of Appearance by Julianne Michelle Avery ON BEHALF OF J. NED DEMPSEY (Attachments: #1 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 19 Certificate of Interested Entities by J. Ned Dempsey identifying Other Affiliate Todd Russell, Other Affiliate Larry Russell, Other Affiliate Julia Russell for J. Ned Dempsey. (Attachments: #1 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 18 MOTION to Dismiss FOR FORUM NON CONVENIENS filed by J. Ned Dempsey. Motion Hearing set for 1/15/2021 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 12/21/2020. Replies due by 12/28/2020. (Attachments: #1 Declaration OF J. NED DEMPSEY IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS FOR FORUM NON CONVENIENS, #2 Proposed Order GRANTING DEFENDANT DEMPSEYS MOTION TO DISMISS FOR FORUM NON CONVENIENS, #3 Certificate/Proof of Service)(Avery, Julianne) (Filed on 12/7/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Pneu-Logic Corporation.. (Judd, Darin) (Filed on 12/1/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant Pneu-Logic Corp., shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 12/14/2020. (klhS, COURT STAFF) (Filed on 11/30/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 15 CERTIFICATE OF SERVICE by J. Ned Dempsey re #14 Consent/Declination to Proceed Before a US Magistrate Judge Joseph C. Spero (Avery, Julianne) (Filed on 11/30/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. Ned Dempsey.. (Avery, Julianne) (Filed on 11/30/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 13 AMENDED COMPLAINT First Amended Complaint against All Defendants. Filed byGrace Livingston. (Last, William) (Filed on 11/18/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 12 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/30/2020. (klhS, COURT STAFF) (Filed on 11/16/2020) [Transferred from California Northern on 4/19/2021.] |
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Filing 11
ORDER GRANTING re #10 Stipulation to Extend Time filed by Grace Livingston. Signed by Chief Magistrate Judge Joseph C. Spero on 11/16/2020. (klhS, COURT STAFF) (Filed on 11/16/2020) [Transferred from California Northern on 4/19/2021.]
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| Filing 10 STIPULATION re #1 Complaint to Extend Time for Defendants to Respond filed by Grace Livingston. (Last, William) (Filed on 11/12/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 9 SUMMONS Returned Executed by Grace Livingston. J. Ned Dempsey served on 10/22/2020, answer due 11/12/2020. (Last, William) (Filed on 10/27/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 8 SUMMONS Returned Executed by Grace Livingston. Pneu-Logic Corporation served on 10/23/2020, answer due 11/13/2020. (Last, William) (Filed on 10/27/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/8/2021. Initial Case Management Conference set for 1/15/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (arkS, COURT STAFF) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 6 Summons Issued as to J. Ned Dempsey, Pneu-Logic Corporation. (arkS, COURT STAFF) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Grace Livingston.. (Last, William) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 4 Certificate of Interested Entities by Grace Livingston (Last, William) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 3 Proposed Summons. (Last, William) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 2 Case assigned to Magistrate Judge Joseph C. Spero. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/29/2020. (haS, COURT STAFF) (Filed on 10/15/2020) [Transferred from California Northern on 4/19/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-15062979.). Filed byGrace Livingston. (Attachments: #1 Civil Cover Sheet)(Last, William) (Filed on 10/14/2020) [Transferred from California Northern on 4/19/2021.] |
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