Li et al v. Amazon.com Services LLC
| Eric Li and Anita Medal |
| Amazon.com Services LLC |
| 2:2023cv01975 |
| December 19, 2023 |
| US District Court for the Western District of Washington |
| John H Chun |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 53
ORDER granting Parties' #52 Stipulated MOTION to Re-Note Amazon's Motion to Dismiss and Plaintiffs' Motion to Strike and/or for Leave to File Surreply. Amazon's motion to dismiss (Dkt. #18 ) and Plaintiffs' Surreply Motion (Dkt. #32 ) are hereby re-noted for 2/23/2024. The case management statement shall be due 14 days from when the Court decides the pending motions, and an initial case management conference shall be held 21 days after the Court decides the pending motions. Signed by Judge John H. Chun. (SB)
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| Filing 52 Stipulated MOTION and [Proposed] Order to Re-Note Amazon's Motion to Dismiss and Plaintiffs' Motion to Strike and/or for Leave to File Surreply, filed by Defendant Amazon.com Services LLC. (Sipos, Charles) |
| Filing 51 NOTICE of Appearance by attorney Ellie Chapman on behalf of Defendant Amazon.com Services LLC. (Chapman, Ellie) |
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Filing 50
ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael D Braun for PLAINTIFFS Eric Li and Anita Medal, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 49
ORDER re #47 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Maia C Kats for PLAINTIFFS Eric Li and Anita Medal, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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| Filing 48 APPLICATION OF ATTORNEY Michael D. Braun FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8307763 (Maybrown, Todd) |
| Application for Leave to Appear Pro Hac Vice #47 by attorney Maia C Kats will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or #WAWD_Admissions@wawd.uscourts.gov with additional questions. (MG) |
| Filing 47 APPLICATION OF ATTORNEY Maia C Kats FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8304472 (Maybrown, Todd) |
| Filing 46 NOTICE of Appearance by attorney Todd Maybrown on behalf of Plaintiff Eric Li. (Maybrown, Todd) |
| Filing 45 LETTER from Clerk to counsel re receipt of case from Northern District of California, San Francisco and advising of WAWD case number and judge assignment. (RE) |
| Filing 44 Case transferred in from Northern District of California, San Francisco, Case Number 3:23-cv-00441-AMO. (RE) |
| Judge John H. Chun added. (RE) |
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Filing 43
Order by Judge Araceli Martinez-Olguin granting #17 Motion to Change Venue. (ads, COURT STAFF) (Filed on 12/18/2023) [Transferred from cand on 12/21/2023.]
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| Filing 42 Supplemental Authority in Support of OPPOSITION (re #18 MOTION to Dismiss) filed by Eric Li, Anita Medal. (Kats, Maia) (Filed on 12/15/2023) Modified on 12/15/2023 (cjl, COURT STAFF). [Transferred from cand on 12/21/2023.] |
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Filing 41
Order vacating November 8, 2023 hearing re #18 Motion to Dismiss, #17 Motion to Change Venue, and #32 Motion to Strike. The Court deems the motions suitable for disposition without oral argument pursuant to Civil Local Rule 7-1(b). Signed by Judge Araceli Martinez-Olguin on November 6, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amolc1, COURTSTAFF) (Filed on 11/6/2023) [Transferred from cand on 12/21/2023.]
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| Filing 40 Clerk's Notice Rescheduling Motions Hearing. #17 Motion to Change Venue, #18 Motion to Dismiss, and #32 Motion to Strike Hearing reset for 11/8/2023 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 10/17/2023) [Transferred from cand on 12/21/2023.] |
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Filing 39
Modified Order by Judge Araceli Martinez-Olguin granting #38 Stipulation to Reset Hearings. Amazon's Motion to Transfer Venue, Motion to Dismiss, and Plaintiffs' Motion to Strike of Leave to File Surreply Hearings set for 11/9/2023 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin.(ads, COURT STAFF) (Filed on 7/13/2023) [Transferred from cand on 12/21/2023.]
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| Filing 38 STIPULATION WITH PROPOSED ORDER re #18 MOTION to Dismiss, #17 MOTION to Change Venue, #32 MOTION to Strike, #31 Reply to Opposition/Response, 35 Clerk's Notice Continuing Motion Hearing, Set Motion and Deadlines/Hearings filed by Amazon.com Services LLC, Anita Medal, Eric Li. (Attachments: #1 Declaration, #2 Proposed Order)(Bautista, Ross) (Filed on 7/11/2023) Modified on 7/12/2023 (cjl, COURT STAFF). [Transferred from cand on 12/21/2023.] |
| Filing 37 REPLY (re #18 MOTION to Dismiss , #32 MOTION to Strike #31 Reply to Opposition/Response ) filed byEric Li, Anita Medal. (Attachments: #1 Exhibit Ex 1 Proposed Surreply)(Kats, Maia) (Filed on 6/20/2023) [Transferred from cand on 12/21/2023.] |
| Filing 36 OPPOSITION/RESPONSE re #32 MOTION to Strike Portion of Defendant's Motion to Dismiss filed by Amazon.com Services LLC. (Wetherell, Jasmine) (Filed on 6/12/2023) Modified on 6/13/2023 (cjl, COURT STAFF). [Transferred from cand on 12/21/2023.] |
| Filing 35 Clerk's Notice Continuing #32 Motion Hearing. Motion Hearing reset for 10/5/2023 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (Related documents(s) #32 ). (This is a text-only entry generated by the court. There is no document associated with this entry.).(ads, COURT STAFF) (Filed on 6/7/2023) [Transferred from cand on 12/21/2023.] |
| Filing 34 CLERK'S NOTICE re: Docket No. #33 . The Court grants the parties stipulation in part and modifies the deadlines as follows. Motion to Dismiss and Motion to Transfer Venue Hearing is now re-set for 9/14/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. The parties case management statement will be due 14 days from when the Court decides the pending motions. The Court will hold an initial case management conference 21 days after it decides the pending motions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 6/5/2023) [Transferred from cand on 12/21/2023.] |
| Filing 33 STIPULATION WITH PROPOSED ORDER TO RESET CASE MANAGEMENT CONFERENCE AND HEARING ON AMAZONS MOTION TO TRANSFER VENUE AND MOTION TO DISMISS filed by Amazon.com Services LLC, Eric Li, Anita Medal. (Attachments: #1 Declaration, #2 Proposed Order)(Bautista, Ross) (Filed on 5/31/2023) Modified on 5/31/2023 (cjl, COURT STAFF). [Transferred from cand on 12/21/2023.] |
| Filing 32 MOTION to Strike #31 Reply to Opposition/Response filed by Eric Li, Anita Medal. Motion Hearing set for 7/20/2023 02:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Araceli Martinez-Olguin. Responses due by 6/12/2023. Replies due by 6/19/2023. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Strike)(Kats, Maia) (Filed on 5/27/2023) [Transferred from cand on 12/21/2023.] |
| Filing 31 REPLY (re #18 MOTION to Dismiss ) filed byAmazon.com Services LLC. (Wetherell, Jasmine) (Filed on 5/24/2023) [Transferred from cand on 12/21/2023.] |
| Filing 30 REPLY (re #17 MOTION to Change Venue ) filed byAmazon.com Services LLC. (Bautista, Ross) (Filed on 5/24/2023) [Transferred from cand on 12/21/2023.] |
| Filing 29 Case Reassigned to District Judge Araceli Martinez-Olguin. Judge Jon S. Tigar 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. (anj, COURT STAFF) (Filed on 5/12/2023) [Transferred from cand on 12/21/2023.] |
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Filing 28
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) [Transferred from cand on 12/21/2023.]
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| Filing 27 Proposed Order Granting Judicial Notice by Eric Li. (Kats, Maia) (Filed on 5/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 26 Request for Judicial Notice re #24 Opposition/Response to Motion, #25 Opposition/Response to Motion, Transfer Venue filed byEric Li. (Related document(s) #24 , #25 ) (Kats, Maia) (Filed on 5/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 25 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ) filed byEric Li. (Attachments: #1 Affidavit Decl of Maia Kats ISO MTD, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Kats, Maia) (Filed on 5/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 24 OPPOSITION/RESPONSE (re #17 MOTION to Change Venue ) filed byEric Li. (Attachments: #1 Affidavit Decl of Eric Li)(Kats, Maia) (Filed on 5/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 23 CLERKS NOTICE SETTING ZOOM HEARING. The case management conference set for 5/16/2023 is CONTINUED. Case Management Statement due by 8/8/2023. Initial Case Management Conference set for 8/15/2023 02:00 PM in Oakland, - Videoconference Only. 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than August 14, 2023 by 2:00 p.m.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/. Case Management Statement due by 8/8/2023. Initial Case Management Conference set for 8/15/2023 02:00 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 5/8/2023) [Transferred from cand on 12/21/2023.] |
| Filing 22 Corporate Disclosure Statement by Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC. re Electronic Filing Error, #21 Certificate of Interested Entities (Bautista, Ross) (Filed on 4/11/2023) [Transferred from cand on 12/21/2023.] |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re: #21 Corporate Disclosure Statement filed by Amazon.com Services LLC. (cjl, COURT STAFF) (Filed on 4/11/2023) [Transferred from cand on 12/21/2023.] |
| Filing 21 Corporate Disclosure Statement by Amazon.com Services LLC (Bautista, Ross) (Filed on 4/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 20 Certificate of Interested Entities by Amazon.com Services LLC (Bautista, Ross) (Filed on 4/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 19 Request for Judicial Notice filed byAmazon.com Services LLC. (Attachments: #1 Declaration, #2 Exhibits A - O, #3 Exhibits P - T, #4 Exhibits U - AA, #5 Proposed Order)(Wetherell, Jasmine) (Filed on 4/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 18 MOTION to Dismiss filed by Amazon.com Services LLC. Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 5/10/2023. Replies due by 5/24/2023. (Attachments: #1 Proposed Order)(Wetherell, Jasmine) (Filed on 4/10/2023) [Transferred from cand on 12/21/2023.] |
| Filing 17 MOTION to Change Venue filed by Amazon.com Services LLC. Motion Hearing set for 7/20/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 4/24/2023. Replies due by 5/1/2023. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Proposed Order)(Bautista, Ross) (Filed on 4/10/2023) [Transferred from cand on 12/21/2023.] |
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Filing 16
ORDER GRANTING STIPULATION TO SET BRIEFING SCHEDULE by Judge Jon S. Tigar granting #15 Stipulation. Motions due by 4/10/2023. Responses due by 5/10/2023. Replies due by 5/24/2023. (mll, COURT STAFF) (Filed on 3/29/2023) [Transferred from cand on 12/21/2023.]
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| Filing 15 STIPULATION WITH PROPOSED ORDER to Set Briefing Schedule on Defendant's Anticipated (1) Motion to Dismiss and (2) Motion to Transfer Venue filed by Amazon.com Services LLC, Eric Li and Anita Medal. (Attachments: #1 Declaration of J. Wetherell In Support of Stipulation to Set Briefing Schedule, #2 Proposed Order Granting Stipulation to Set Briefing Schedule)(Wetherell, Jasmine) (Filed on 3/24/2023) Modified on 3/27/2023 (jml, COURT STAFF). [Transferred from cand on 12/21/2023.] |
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Filing 14
Order by Judge Jon S. Tigar granting #13 Motion for Pro Hac Vice as to Maia Kats.(mll, COURT STAFF) (Filed on 3/8/2023) [Transferred from cand on 12/21/2023.]
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| Filing 13 MOTION for leave to appear in Pro Hac Vice Maia Kats ( Filing fee $ 317, receipt number 375114 (acct #).) Filing fee previously paid on 2/16/2023 filed by Eric Li, Anita Medal. (Attachments: #1 Exhibit Good Standing NY, #2 Exhibit Good Standing DC)(Kats, Maia) (Filed on 3/7/2023) [Transferred from cand on 12/21/2023.] |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Anita Medal, Eric Li. Service waived by Amazon.com Services LLC waiver sent on 2/3/2023, answer due 4/4/2023. (Braun, Michael) (Filed on 2/16/2023) [Transferred from cand on 12/21/2023.] |
| #Electronic filing error. Local co-counsels California bar number is missing. [err201] This filing will not be processed by the clerks office. Please re-file in its entirety Re: #11 MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17991029) filed by Eric Li. (cjl, COURT STAFF) (Filed on 2/16/2023) [Transferred from cand on 12/21/2023.] |
| Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17991029.) filed by Eric Li. (Attachments: #1 Certificate/Proof of Service Good Standing DC, #2 Certificate/Proof of Service Good Standing NY)(Kats, Maia) (Filed on 2/15/2023) [Transferred from cand on 12/21/2023.] |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/9/2023. Initial Case Management Conference set for 5/16/2023 at 02:00 PM in Oakland, - Videoconference Only. 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/jst Court Appearances:< /b< 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 15, 2023, by no later than 2:00 p.m.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://w ww.cand.uscourts.gov/zoom/. (bxs, COURT STAFF) (Filed on 2/2/2023) [Transferred from cand on 12/21/2023.] |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Thomas S. Hixson 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 2/2/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/2/2023) [Transferred from cand on 12/21/2023.]
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| Filing 8 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. (rmm2, COURT STAFF) (Filed on 2/2/2023) [Transferred from cand on 12/21/2023.] |
| Filing 7 Certificate of Interested Entities by Eric Li, Anita Medal (Braun, Michael) (Filed on 2/1/2023) [Transferred from cand on 12/21/2023.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric Li, Anita Medal.. (Braun, Michael) (Filed on 2/1/2023) [Transferred from cand on 12/21/2023.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2023. Initial Case Management Conference set for 5/4/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (cjl, COURT STAFF) (Filed on 2/1/2023) [Transferred from cand on 12/21/2023.] |
| Filing 4 Summons Issued as to Amazon.com Services LLC. (cjl, COURT STAFF) (Filed on 2/1/2023) [Transferred from cand on 12/21/2023.] |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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 2/14/2023. (jrs, COURT STAFF) (Filed on 1/31/2023) [Transferred from cand on 12/21/2023.] |
| Filing 2 Proposed Summons. (Braun, Michael) (Filed on 1/31/2023) [Transferred from cand on 12/21/2023.] |
| Filing 1 CLASS ACTION COMPLAINT (with jury demand) against Amazon.com Services LLC (Filing fee $ 402, receipt number ACANDC-17944617). Filed by Anita Medal, Eric Chin Yu Li. (Attachments: #1 Civil Cover Sheet)(Braun, Michael) (Filed on 1/31/2023) Modified on 2/1/2023 (cjl, COURT STAFF). [Transferred from cand on 12/21/2023.] |
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