Clark v. VIP PetCare, LLC
| Julie Kay Clark |
| VIP PetCare, LLC |
| 3:2023cv01290 |
| December 7, 2023 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Barbara D Holmes |
| Eli J Richardson |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
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Filing 68
NOTICE by VIP PetCare, LLC Notice of Withdrawal of Counsel (Rutchow, William)
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TN State Bar status verified as active for William Stewart Rutchow, El Shon D. Richmond admitted to this court. (kc)
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Filing 67
NOTICE of Appearance by El Shon D. Richmond on behalf of VIP PetCare, LLC (Richmond, El Shon)
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Filing 66
NOTICE of Appearance by William Stewart Rutchow on behalf of VIP PetCare, LLC (Rutchow, William)
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Filing 65
ORDER: The docket reflects that a motion to dismiss #50 was filed by Defendant prior to the transfer of the case. This motion is fully briefed and is ripe for decision. All discovery in this case is STAYED until resolution of the motion to dismiss. Signed by Magistrate Judge Barbara D. Holmes on 12/13/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 64
ORDER REFERRING CASE: This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and conduct further proceedings, if necessary. Signed by District Judge Eli J. Richardson on 12/12/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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CA State Bar status verified as active for Alexander Miller Chemers not admitted to this court - Local counsel required. (ad)
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NOTICE TO COUNSEL Alexander Miller Chemers: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 1/2/2024. (ad)
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NOTICE TO COUNSEL Alexander Miller Chemers: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 1/2/2024. (ad)
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Filing 63
ORDER: The Court acknowledges that the Motion to Dismiss #13 has been withdrawn and DIRECTS the Clerk to notate the docket accordingly. The new motion to dismiss #50 remains pending at this time and will be addressed in due course. Signed by District Judge Eli J. Richardson on 12/11/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 62
***DISREGARD***NOTICE of Initial Case Management Conference by Telephone set for 2/13/2024 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (ad) Modified on 12/8/2023 (ad).
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Filing 61
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad)
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Filing 60
NOTICE of Business Entity Disclosure Statement filing requirement. (ad)
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Filing 59
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad)
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Filing 58
Case transferred in from the District of California Northern; Case Number 3:22-cv-08935. Original file certified copy of transfer order and docket sheet received.
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.)(ad)
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Filing 57
ORDER GRANTING MOTION TO TRANSFER. Signed by Judge Araceli Martinez-Olguin on 12/6/2023. (ads, COURT STAFF) (Filed on 12/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 56
ORDER re #42 and #50 : Having found Defendant VIP PetCare LLC's Motion to Transfer and Motion to Dismiss appropriate for determination on the papers, the Court VACATES the November 30, 2023 hearing. See Civil Local Rule 7-1(b). Signed by Judge Araceli Martinez-Olguin on November 17, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amolc2, COURTSTAFF) (Filed on 11/17/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 55
Clerk's Notice Continuing Motion Hearing. #42 Motion to Transfer Hearing set for 11/30/2023 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ads, COURT STAFF) (Filed on 9/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 54
Clerk's Notice Modifying Motion Date and Location. Motion to Transfer Case #42 Hearing set for 9/20/2023 at 02:00 PM in San Francisco, Courtroom 12, 19th Floor before Judge Araceli Martinez-Olguin. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ads, COURT STAFF) (Filed on 8/25/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 53
REPLY (re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byVIP PetCare, LLC. (Chemers, Alexander) (Filed on 8/18/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 52
OPPOSITION/RESPONSE (re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint ) to all defendants filed byJulie Kay Clark. (Attachments: #1 Proposed Order Order to Deny Defendants' Motion to Dismiss)(Clark, Julie) (Filed on 8/10/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 51
Request for Judicial Notice re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint filed byVIP PetCare, LLC. (Attachments: #1 Exhibit A ISO of RJN, #2 Exhibit B ISO of RJN)(Related document(s) #50 ) (Chemers, Alexander) (Filed on 7/28/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 50
MOTION to Dismiss Plaintiff's Second Amended Complaint filed by VIP PetCare, LLC. Motion Hearing set for 11/30/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 8/11/2023. Replies due by 8/18/2023. (Attachments: #1 Proposed Order)(Chemers, Alexander) (Filed on 7/28/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 49
REPLY (re #42 MOTION to Transfer Case ) filed byVIP PetCare, LLC. (Chemers, Alexander) (Filed on 6/15/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 48
OPPOSITION/RESPONSE (re #42 MOTION to Transfer Case ) to all defendants filed byJulie Kay Clark. (Attachments: #1 Exhibit 1.Merger of Paws Plus and VIP Petcare, #2 Exhibit 2.Acquisition of Community Veterinary Clinics, LLC (d/b/a VIP Petcare, LLC (VIP) in January 2018 by PETIQ which is based in Eagle, Idaho, #3 Exhibit 3.Contract Received on 05-06-2015 from Pearl Kemp at VIP Petcare, LLC headquarters, #4 Exhibit 4.Gentle Doctor Filing Information with State of Tennessee, #5 Exhibit 5.Dr. Clarks 1099s for VIP Petcare from 2015-2019, #6 Exhibit 6.Emails Confirming Date of VIP Petcare, LLCs Contract with Dr. Clark, #7 Exhibit 7.Transcript of Recorded Phone Call when Pearl Kemp gives reason for Dr. Clark's 30 day termination, #8 Exhibit 8.Email From Melissa Kuhlman to Dr. Clark on June 15, 2019, #9 Exhibit 9.Article about Gavin Newsom and Nicholas Faibish, #10 Exhibit 10.San Francisco Ordinance 43, #11 Exhibit The Best and Worst States to Work in America)(Clark, Julie) (Filed on 6/12/2023) [Transferred from California Northern on 12/8/2023.]
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#Electronic filing error. Incorrect case number on document. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #47 Opposition/Response to Motion,,,, filed by Julie Kay Clark (ark, COURT STAFF) (Filed on 6/12/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 47
OPPOSITION/RESPONSE (re #42 MOTION to Transfer Case ) to all defendants filed byJulie Kay Clark. (Attachments: #1 Exhibit 1.Merger of Paws Plus and VIP Petcare, #2 Exhibit 2.Acquisition of Community Veterinary Clinics, LLC (d/b/a VIP Petcare, LLC (VIP) in January 2018 by PETIQ which is based in Eagle, Idaho, #3 Exhibit 3.Contract Received on 05-06-2015 from Pearl Kemp at VIP Petcare, LLC headquarters, #4 Exhibit 4.Gentle Doctor Filing Information with State of Tennessee, #5 Exhibit 5.Dr. Clarks 1099s for VIP Petcare from 2015-2019, #6 Exhibit 6.Emails Concerning Date of VIP Petcare, LLCs Contract with Dr. Clark, #7 Exhibit 7.Transcript of Recorded Phone Call Between Pearl Kemp, #8 Exhibit 8.Email From Melissa Kuhlman to Dr. Clark on JUNE 15, 2019, #9 Exhibit 9.Article about Gavin Newsom and Nicholas Faibish, #10 Exhibit 10.San Francisco Ordinance 43, #11 Exhibit he Best and Worst States to Work in America)(Clark, Julie) (Filed on 6/8/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 46
Clerk's Notice Continuing #42 Motion Hearing. Motion Hearing reset for 9/21/2023 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (Related documents(s) #42 ). (ads, COURT STAFF) (Filed on 6/7/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 45
Order by Judge Araceli Martinez-Olguin granting #44 Stipulation Extending Deadline for Parties to Submit Joint Case Management Statement. Joint Case Management Statement due two weeks after the Court decides the motion to transfer. (ads, COURT STAFF) (Filed on 6/1/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 44
STIPULATION WITH PROPOSED ORDER Joint Stipulation to extend time to file a Case Management Statement filed by VIP PetCare, LLC. (Chemers, Alexander) (Filed on 5/31/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 43
Request for Judicial Notice re #42 MOTION to Transfer Case filed byVIP PetCare, LLC. (Related document(s) #42 ) (Chemers, Alexander) (Filed on 5/25/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 42
MOTION to Transfer Case filed by VIP PetCare, LLC. Motion Hearing set for 7/20/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 6/8/2023. Replies due by 6/15/2023. (Attachments: #1 Declaration of Patti Riordan ISO Motion to Transfer, #2 Declaration of R. Michael Herrman ISO of Motion to Transfer, #3 Proposed Order ISO of Motion to Transfer)(Chemers, Alexander) (Filed on 5/25/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 41
STIPULATION re #36 Amended Complaint To Extend time for Defendant to Respond filed by VIP PetCare, LLC. (Chemers, Alexander) (Filed on 5/18/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 40
NOTICE of Change In Counsel by Alejandro David Szwarcsztejn (Szwarcsztejn, Alejandro) (Filed on 5/15/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 39
STIPULATION re #36 Amended Complaint To Extend Time for Defendant's to Respond to SAC filed by VIP PetCare, LLC. (Chemers, Alexander) (Filed on 5/15/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 38
Case reassigned to District Judge Araceli Martinez-Olguin. Judge Vince Chhabria no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (ecg, COURT STAFF) (Filed on 5/11/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 37
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 36
SECOND AMENDED COMPLAINT to all defendants against VIP PetCare, LLC. Filed byJulie Kay Clark. (Attachments: #1 Civil Cover Sheet)(Clark, Julie) (Filed on 4/25/2023) Modified on 4/26/2023 (ecg, COURT STAFF). [Transferred from California Northern on 12/8/2023.]
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Filing 35
Order by Judge Vince Chhabria granting #27 Motion to Dismiss. Any amended complaint is due 4/25/23. (vclc3, COURT STAFF) (Filed on 4/4/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 34
CLERK'S NOTICE VACATING 3/23/2023 MOTION HEARING RE #27 Motion to Dismiss Plaintiff's Amended Complaint. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 3/21/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 33
First ADMINISTRATIVE MOTION re #31 ADMINISTRATIVE MOTION PURSUANT TO LOCAL RULE-7-11 TO CONVERT HEARING ON MOTION TO DISMISS TO REMOTE/ZOOM HEARING to all defendants filed by Julie Kay Clark. Responses due by 3/1/2023. (Clark, Julie) (Filed on 3/20/2023) [Transferred from California Northern on 12/8/2023.]
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#Electronic filing error. REMINDER: Documents submitted must have the correct case number and judges initials. Re: #32 Notice, filed by Julie Kay Clark. (jlg, COURT STAFF) (Filed on 3/20/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 32
NOTICE of Support for Defendant's Joint Stipulation to Convert the Hearing on Defendant's Motion to Dismiss (Dkt. #27) to Remote/Zoom Hearing by Julie Kay Clark re #31 Administrative Motion Pursuant to Local Rule-7-11 to Convert Hearing on Motion to Dismiss to Remote/Zoom Hearing to all defendants (Clark, Julie) (Filed on 3/17/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 31
Defendant's Notice of Motion and MOTION for ADMINISTRATIVE RELIEF Pursuant to Local Rule-7-11 to Convert Hearing on Motion to Dismiss to Remote/Zoom Hearing filed by VIP PetCare, LLC. Responses due by 3/21/2023. (Attachments: #1 Joint Stipulation, #2 Proposed Order)(Szwarcsztejn, Alejandro) (Filed on 3/17/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 30
REPLY (re #27 MOTION to Dismiss Plaintiff's Amended Complaint ) filed byVIP PetCare, LLC. (Szwarcsztejn, Alejandro) (Filed on 3/8/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 29
Plaintiff Julie Kay Clark's OPPOSITION to Defendant VIP PETCARE, LLC's Motion to Dismiss (re #27 MOTION to Dismiss Plaintiff's Amended Complaint) to all defendants filed by Julie Kay Clark. (Attachments: #1 Exhibit)(Clark, Julie) (Filed on 2/28/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 28
Request for Judicial Notice re #27 MOTION to Dismiss Plaintiff's Amended Complaint filed byVIP PetCare, LLC. (Related document(s) #27 ) (Szwarcsztejn, Alejandro) (Filed on 2/15/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 27
MOTION to Dismiss Plaintiff's Amended Complaint filed by VIP PetCare, LLC. Motion Hearing set for 3/23/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 3/1/2023. Replies due by 3/8/2023. (Attachments: #1 Proposed Order)(Szwarcsztejn, Alejandro) (Filed on 2/15/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 26
Refund Status re #23 Application for Refund Approved. (kep, COURT STAFF) (Filed on 2/6/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 25
Joint STIPULATION To Extend Defendant's Responsive Pleading Deadline filed by VIP PetCare, LLC. (Szwarcsztejn, Alejandro) (Filed on 2/3/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 24
Joint STIPULATION To Extend Defendant's Responsive Pleading Deadline filed by VIP PetCare, LLC. (Szwarcsztejn, Alejandro) (Filed on 2/1/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 23
Application for Refund, Receipt Number ACANDC-17900477 to all defendants by Julie Kay Clark. (Clark, Julie) (Filed on 1/25/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 22
Refund Status re #18 Application for Refund Declined. (kep, COURT STAFF) (Filed on 1/25/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 21
Defendant VIP Petcare, LLC's Notice of Withdrawal of Re-Noticed Motion to Dismiss Plaintiff's Complaint of Documents 6 (Jan. 30, 2023) and 13 (Feb. 23, 2023) (Szwarcsztejn, Alejandro) (Filed on 1/24/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 20
Plaintiff's OPPOSITION To Defendants' Motion To Dismiss (re #19 First MOTION for Extension of Time to File Answer to all defendants, #6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof) to all defendants filed by Julie Kay Clark. (Attachments: #1 Exhibit 11)(Clark, Julie) (Filed on 1/24/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 19
First MOTION for Extension of Time to File Answer to all defendants filed by Julie Kay Clark. (Clark, Julie) (Filed on 1/23/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 18
Application for Refund, Receipt Number ACANDC-17900477 to all plaintiffs by Julie Kay Clark. (Clark, Julie) (Filed on 1/18/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 17
AMENDED COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17900477.). Filed byJulie Kay Clark. (Attachments: #1 Civil Cover Sheet)(Clark, Julie) (Filed on 1/14/2023) Modified on 1/17/2023 (ark, COURT STAFF). [Transferred from California Northern on 12/8/2023.]
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Filing 16
CERTIFICATE OF SERVICE by VIP PetCare, LLC (Szwarcsztejn, Alejandro) (Filed on 1/10/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 15
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Julie Kay Clark. (Attachments: #1 Envelope)(jlg, COURT STAFF) (Filed on 1/9/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 14
Request for Judicial Notice re #7 Request for Judicial Notice, RE-NOTICED filed byVIP PetCare, LLC. (Related document(s) #7 ) (Szwarcsztejn, Alejandro) (Filed on 1/6/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 13
Defendant VIP Petcare, LLC's Re-noticed Motion re #6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed by VIP PetCare, LLC. (Attachments: #1 Proposed Order)(Related document(s) #6 ) (Szwarcsztejn, Alejandro) (Filed on 1/6/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/5/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 1/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 11
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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 SHOULD 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. (mkl, COURT STAFF) (Filed on 1/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by VIP PetCare, LLC.. (Szwarcsztejn, Alejandro) (Filed on 1/4/2023) [Transferred from California Northern on 12/8/2023.]
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Filing 9
CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendant shall file a consent or declination to proceed before a magistrate judge by 1/4/2023. 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. Consent/Declination due by 1/4/2023. (mkl, COURT STAFF) (Filed on 12/27/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 8
CLERK'S NOTICE Regarding 6 Motion to Dismiss:Defendant's Motion to Dismiss has been noticed for hearing on 1/30/2023. The Court's calendar is closed to motion settings in cases ending 1, 3, 5, 7, 8, and 9 on that date. Accordingly, the motion hearing set for 1/30/2023 is vacated. Counsel is directed to re-notice the motion (using the event Re-notice motion) for an available date on the Court's calendar. The next open date on the Court's calendar is 2/6/2023.The briefing schedule remains unchanged.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sklc2, COURT STAFF) (Filed on 12/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 7
Request for Judicial Notice re #6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed byVIP PetCare, LLC. (Related document(s) #6 ) (Szwarcsztejn, Alejandro) (Filed on 12/23/2022) [Transferred from California Northern on 12/8/2023.]
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Filing 6
MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed by VIP PetCare, LLC. Motion Hearing set for 1/30/2023 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 1/6/2023. Replies due by 1/13/2023. (Attachments: #1 Proposed Order)(Szwarcsztejn, Alejandro) (Filed on 12/23/2022) [Transferred from California Northern on 12/8/2023.]
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Set/Reset Deadlines as to #6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof. Motion Hearing set for 1/30/2023 09:30 AM before Magistrate Judge Sallie Kim. (sklc2, COURT STAFF) (Filed on 12/23/2022) [Transferred from California Northern on 12/8/2023.]
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#Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Hearing on Motion to Dismiss #6 on January 30, 2023 reins tated. Re: 8 Clerk's Notice,,, (sklc2, COURT STAFF) (Filed on 12/23/2022) [Transferred from California Northern on 12/8/2023.]
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Filing 5
CERTIFICATE OF SERVICE by VIP PetCare, LLC of Removal (Szwarcsztejn, Alejandro) (Filed on 12/19/2022) [Transferred from California Northern on 12/8/2023.]
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 3/13/202 3. Initial Case Management Conference set for 3/20/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (jlg, COURT STAFF) (Filed on 12/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 12/8/2023.]
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Filing 3
Case assigned to Magistrate Judge Sallie Kim. 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 1/3/2023. (ark, COURT STAFF) (Filed on 12/19/2022) [Transferred from California Northern on 12/8/2023.]
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***ERRONEOUS ENTRY - PLEASE DISREGARD*** Cases associated: Create association to 3:19-md-02913-WHO. (jlg, COURT STAFF) (Filed on 12/19/2022) Modified on 12/19/2022 (jlg, COURT STAFF). [Transferred from California Northern on 12/8/2023.]
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Filing 2
Certificate of Interested Entities by VIP PetCare, LLC and Disclosure Statement in Compliance with FRCP 7.1 and Local Rule 7.1-1 (Chemers, Alexander) (Filed on 12/16/2022) [Transferred from California Northern on 12/8/2023.]
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Filing 1
NOTICE OF REMOVAL from Sonoma County Superior Court. Their case number is SCV-271927. (Filing fee $402 receipt number ACANDC-17831861). Filed by VIP PetCare, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Other State Docs Served, #3 Declaration of R. Michael Herrman, #4 Civil Cover Sheet)(Chemers, Alexander) (Filed on 12/16/2022) [Transferred from California Northern on 12/8/2023.]
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| Search for this case: Clark v. VIP PetCare, LLC | |
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| Plaintiff: Julie Kay Clark | |
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| Defendant: VIP PetCare, LLC | |
| Represented By: | Alexander Miller Chemers |
| Represented By: | Alejandro David Szwarcsztejn |
| Represented By: | William Stewart Rutchow |
| Represented By: | El Shon D. Richmond |
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