PlainSite :: California Northern District Court :: Case No. 5:11-cv-05496-HRL: Think Computer Corp v. Venchiarutti et al, Howard R. Lloyd presiding

California Northern District Court, Case No. 5:11-cv-05496-HRL:
Think Computer Corp v. Venchiarutti et al
Judge Howard R. Lloyd, presiding

Case Summary (Last Edited by Aaron Greenspan)

Think Computer Corporation is suing the State of California Department of Financial Institutions, alleging that the 2010 California Money Transmission Act (MTA) is unconstitutional.

There are three main claims: that the MTA violates the Due Process Clause by requiring companies to apply for licenses before learning their prerequisites for applying; that the MTA violates the Dormant Commerce Clause by regulating commerce outside of California; and that the MTA violates the Dormant Commerce Clause by causing uneven requirements for licensure across various states, and by imposing more of a burden on society than it creates benefits.

	Think Computer Corporation, Plaintiff	Michael Brooks Carroll Law Offices of Michael Brooks Carroll Phone: +1 415 788 7600 Fax: +1 415 421 7379 E-Mail: carroll_law@sbcglobal.net


v.

	Edmund Brown, Jr., Defendant	Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov

	Jacob A Appelsmith, Defendant	No attorney information is available for this party.
		Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov
	Kamala Harris, Defendant	No attorney information is available for this party.
		Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov
	Robert Venchiarutti, Defendant	Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov

	Traci Stevens, Defendant	No attorney information is available for this party.
		Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov
	William Haraf, Defendant	No attorney information is available for this party.
		Peter Keller Southworth California Department of Justice Phone: +1 213 897 2638 Fax: +1 213 897 2802 E-Mail: Peter.southworth@doj.ca.gov

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Office	San Jose
Filed	11/14/2011
Jury Demand	Plaintiff
Demand	$999000
Nature of Suit	950 - Constitutional - State Statute
Cause	28 U.S.C. § 1331 Fed. Question
Jurisdiction	Federal Question
Disposition
County	Santa Clara
Terminated
Origin	1
Reopened	None
Lead Case	None
Related Case
Other Court Case	None
Defendant Custody Status
Flags	ADRMOP,E-Filing

1	Filed: 11/14/2011, Entered: 11/15/2011	Complaint
	COMPLAINT for Declaratory and Injunctive Relief (NO PROCESS: jury demand; against Jacob A Appelsmith, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti ( Filing fee $ 350, receipt number 54611010747). Filed by Think Computer Corp. (Attachments: # (1) Schedule A to Complaint, # (2) Civil Cover Sheet) (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF). Attachment 1 Attachment 2

2	Filed: 11/14/2011, Entered: 11/15/2011, Terminated: 1/5/2012	Motion for Miscellaneous Relief
	MOTION for Permission for Electronic Case Filing filed by Think Computer Corp. (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF).

3	Filed: 11/14/2011, Entered: 11/15/2011	Received Document
	(Proposed) Order Granting MOTION for Permission for Electronic Case Filing re [2] by Think Computer Corp. (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF).

4	Filed: 11/14/2011, Entered: 11/15/2011	ADR Scheduling Order
	ADR SCHEDULING ORDER: Case Management Statement due by 1/3/2011. Case Management Conference set for 1/10/2011 01:30 PM in Courtroom 2, 5th Floor, San Jose. (bw, COURT STAFF) (Filed on 11/14/2011)

5	Filed: 11/17/2011, Entered: 11/17/2011, Terminated: 1/5/2012	Motion for Miscellaneous Relief
	MOTION for Exemption from Local rule 3-9(b) filed by Think Computer Corp;. Responses due by 12/1/2011. Replies due by 12/8/2011. (bw, COURT STAFF) (Filed on 11/17/2011) Modified on 11/28/2011 (bw, COURT STAFF).

6	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to Robert Venchiarutti. (bw, COURT STAFF) (Filed on 11/28/2011)

7	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to Kamala Harris. (bw, COURT STAFF) (Filed on 11/28/2011)

8	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to William Haraf. (bw, COURT STAFF) (Filed on 11/28/2011)

9	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to Jacob A Appelsmith. (bw, COURT STAFF) (Filed on 11/28/2011)

10	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to Edmund Brown, Jr. (bw, COURT STAFF) (Filed on 11/28/2011)

11	Filed: 11/28/2011, Entered: 11/29/2011	Summons Issued
	Summons Issued as to Traci Stevens. (bw, COURT STAFF) (Filed on 11/28/2011) Modified on 12/12/2011 (bw, COURT STAFF).

12	Filed: 1/3/2012, Entered: 1/3/2012	Notice of Appearance
	NOTICE OF APPEARANCE OF COUNSEl by THINK COMPUTER CORPORATION (Carroll, Michael) (Filed on 1/3/2012) Modified on 1/5/2012 (bw, COURT STAFF).

13	Filed: 1/3/2012, Entered: 1/3/2012, Terminated: 1/5/2012	Motion to Continue
	Unopposed Motion for Administrative Relief (to Continue Case Management Conference) filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) (Proposed) Order)(Southworth, Peter) (Filed on 1/3/2012) Text modified on 1/5/2012 (bw, COURT STAFF). Attachment 1

		Set Deadlines/Hearings
	Set Deadlines/Hearings: Case Management Statement due by 1/24/2012. Initial Case Management Conference set for 1/31/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 1/5/2012)

14	Filed: 1/5/2012, Entered: 1/5/2012	Order on Motion for Miscellaneous Relief
	ORDER by Magistrate Judge Howard R. Lloyd denying as moot [2] Motion for Electronic Case Filing; denying as moot [5] Motion for Exemption from Local Rule 3-9(b); granting [13] defendants' Motion to Continue Initial Case Management Conference. Initial case management conference set for 1/31/2012, 1:30 PM. Related deadlines adjusted. Each party to file consent or declination to proceed before a magistrate judge by 1/24/2012. (hrllc2, COURT STAFF) (Filed on 1/5/2012)

15	Filed: 1/12/2012, Entered: 1/12/2012	Stipulation
	STIPULATION to Extend Time to Respond to Complaint re [1] by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).

16	Filed: 1/12/2012, Entered: 1/12/2012	ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options
	ADR Certification by Defendants and Counsel (ADR L.R. 3-5 b) of discussion of ADR options (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).

17	Filed: 1/12/2012, Entered: 1/12/2012	Notice of need of ADR Phone Conference (ADR L.R. 3-5 d)
	NOTICE of need for ADR Phone Conference by All Parties (ADR L.R. 3-5 d) (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).

		Set Deadlines/Hearings
	Set Deadlines/Hearings: Case Management Statement due by 2/21/2012. Initial Case Management Conference set for 2/28/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 1/13/2012)

18	Filed: 1/13/2012, Entered: 1/13/2012	Stipulation and Order
	STIPULATION AND ORDER re [15] Extending Defendants' Time to Respond to Complaint. Defendants' answer or response to complaint due by 1/23/2012. Initial case management conference continued to 2/28/2012, 1:30 PM. No later than 1/24/2012, each party to file either consent or declination to proceed before a magistrate judge. Signed by Magistrate Judge Howard R. Lloyd on 1/13/2012. (hrllc2, COURT STAFF) (Filed on 1/13/2012)

19	Filed: 1/18/2012, Entered: 1/18/2012	Consent to Proceed Before a US Magistrate Judge
	CONSENT to Proceed Before a US Magistrate Judge by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti .. (Southworth, Peter) (Filed on 1/18/2012)

		ADR Clerks Notice Setting ADR Phone Conference
	ADR Clerk Notice Setting ADR Phone Conference on 2/22/12 at 9:30 a.m. Pacific. The court will provide instructions for connecting to the call in a separate notice to the parties. (TEXT ONLY DOCKET ENTRY) (sgd, COURT STAFF) (Filed on 1/23/2012)

20	Filed: 1/23/2012, Entered: 1/23/2012, Terminated: 1/27/2012	Stipulation
	STIPULATION for Filing of Amended Complaint and (Proposed) Order filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Southworth, Peter) (Filed on 1/23/2012) Modified on 1/24/2012 (bw, COURT STAFF).

21	Filed: 1/24/2012, Entered: 1/24/2012	Consent to Proceed Before a US Magistrate Judge
	CONSENT to Proceed Before a US Magistrate Judge by Think Computer Corporation (Carroll, Michael) (Filed on 1/24/2012) Modified on 1/24/2012 (bw, COURT STAFF).

		Set Deadlines/Hearings
	Set Deadlines/Hearings: Case Management Statement due by 4/10/2012. Initial Case Management Conference set for 4/17/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 1/27/2012)

22	Filed: 1/27/2012, Entered: 1/27/2012	Order on Stipulation
	STIPULATION AND ORDER re [20] by Magistrate Judge Howard R. Lloyd for Filing of Amended Complaint. Plaintiff's First Amended Complaint due by 1/31/2012. Defendants' answer or response due as per Fed. R. Civ. P. 15(a). Initial case management conference continued to 4/17/2012, 1:30 PM.(hrllc2, COURT STAFF) (Filed on 1/27/2012)

23	Filed: 1/31/2012, Entered: 1/31/2012	Amended Complaint
	FIRST AMENDED COMPLAINT For Declaratory and Injunctive Relief and jury demand against All Defendants. Filed byThink Computer Corporation. (Attachments: # (1) Exhibit Schedule B To First Amended Complaint) (Carroll, Michael) (Filed on 1/31/2012) Modified on 1/31/2012 (bw, COURT STAFF). Attachment 1

24	Filed: 2/14/2012, Entered: 2/14/2012	Motion to Dismiss
	Notice of Motion and Motion to Dismiss First Amended Complaint re [23] by State Defendants; Memorandum of Points and Authorities in Support filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. Motion Hearing set for 3/27/2012 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 2/28/2012. Replies due by 3/6/2012. (Attachments: # (1) (Proposed) Order Granting State Defendants' Motion to Dismiss)(Marcroft, Ryan) (Filed on 2/14/2012) Modified on 2/14/2012 (bw, COURT STAFF). Attachment 1

		ADR Remark
	ADR Remark: The ADR Phone Conference scheduled for 2/22/12 has been rescheduled to 4/12/12 at 10:30 a.m. Pacific. Please note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 2/23/2012)

25	Filed: 2/28/2012, Entered: 2/28/2012	Opposition/Response to Motion
	Response and Opposition to State Defendants' Motion to Dismiss re [24] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/28/2012) Modified on 3/1/2012 (bw, COURT STAFF).

26	Filed: 2/28/2012, Entered: 2/28/2012	Request for Judicial Notice
	Exhibits D-F to Response and Opposition to State Defendants' Motion to Dismiss re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/28/2012) Text modified on 3/1/2012 conforming to posted document incorrect event type used when posting Exhibits (bw, COURT STAFF).

27	Filed: 2/29/2012, Entered: 2/29/2012	Request for Judicial Notice
	Exhibits C to Response and Opposition to State Defendants' Motion to Dismiss re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/29/2012) Text modified on 3/1/2012 conforming to posted document caption; incorrect event type used when posting Exhibit (bw, COURT STAFF).

28	Filed: 2/29/2012, Entered: 2/29/2012	Request for Judicial Notice
	Request for Judicial Notice in Support of Response to Opposition to Motion to Dismiss and Exhibits A-B re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/29/2012) Modified on 3/1/2012 (bw, COURT STAFF).

29	Filed: 3/3/2012, Entered: 3/3/2012	Notice (Other)
	Notice of Court of Filing of [Errata] Plaintiffs Response and Opposition To State Defendants Motion to Dismiss by Think Computer Corporation (Carroll, Michael) (Filed on 3/3/2012) Modified on 3/5/2012 (bw, COURT STAFF).

30	Filed: 3/3/2012, Entered: 3/3/2012	Opposition/Response to Motion
	Response and Opposition to State Defendants' Motion to Dismiss (re [24] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 3/3/2012) Modified on 3/5/2012 (bw, COURT STAFF).

31	Filed: 3/6/2012, Entered: 3/6/2012	Reply to Opposition/Response
	Reply Memorandum of Points and Authorities in Support of State Defendants' MOTION to Dismiss First Amended Complaint re [24] filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 3/6/2012) Modified on 3/8/2012 (bw, COURT STAFF).

32	Filed: 3/12/2012, Entered: 3/12/2012	Clerks Notice
	CLERKS NOTICE re Motion Hearing and Initial Case Management Conference. Hearing re [24] continued to 4/17/2012, 10:00 AM, Courtroom 2, San Jose. Case Management Statement due by 5/22/2012. Initial Case Management Conference set for 5/29/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 3/12/2012)

33	Filed: 3/13/2012, Entered: 3/13/2012, Terminated: 3/16/2012	Motion to Shorten Time
	Motion to Change Time of Oral Argument Concerning Defendants' Motion To Dismiss And Scheduling Conference Pursuant to Local Rule 6-3 filed by Think Computer Corporation. (Carroll, Michael) (Filed on 3/13/2012) Text modified on 3/14/2012 (bwS, COURT STAFF).

34	Filed: 3/14/2012, Entered: 3/14/2012	Opposition/Response to Motion
	Response and Partial Oppositon to Plainitff's Motion to Change Time re [33]; Declaration of Ryan Marcroft in Support filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 3/14/2012) Text modified, linkage added on 3/15/2012 (bw, COURT STAFF).

35	Filed: 3/16/2012, Entered: 3/16/2012	Order on Motion to Shorten Time
	ORDER by Magistrate Judge Howard R. Lloyd denying [33] Plaintiff's Motion for an Order Shortening Time.(hrllc2, COURT STAFF) (Filed on 3/16/2012)

36	Filed: 4/6/2012, Entered: 4/11/2012, Terminated: 4/6/2012	Motion for Pro Hac Vice
	Application for Admission of Attorney Marvin Cable for leave to appear in Pro Hac Vice ( Filing fee $ 305.00, receipt number 34611072669.) Filing fee previously paid on 4/6/2012 filed by Think Computer Corporation. (gm, COURT STAFF) (Filed on 4/6/2012) Modified on 4/13/2012 (bw, COURT STAFF).

37	Filed: 4/6/2012, Entered: 4/11/2012	Proposed Order
	(Proposed) Order Granting Application for Admission of Attorney Marvin Cable for leave to appear in Pro Hac Vice re [36] by Think Computer Corporation. (gm, COURT STAFF) (Filed on 4/6/2012) Modified on 4/13/2012 (bw, COURT STAFF).

	Audio Recording Available	Set Deadlines/Hearings
	Set Deadlines/Hearings: Motion Hearing set for 4/17/2012 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 4/9/2012)

		ADR Remark
	ADR Remark: The ADR Phone Conference scheduled for 4/12/12 has been rescheduled to 5/15/12 at 1:30 p.m. Pacific. Please note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 4/10/2012)

38	Filed: 4/16/2012, Entered: 4/16/2012	Order on Motion for Pro Hac Vice
	ORDER by Magistrate Judge Howard R. Lloyd granting [36] Motion for Pro Hac Vice as to Marvin Cable.(hrllc2, COURT STAFF) (Filed on 4/16/2012)

39	Filed: 4/17/2012, Entered: 4/17/2012	Motion Hearing
	* FILED IN ERROR* Minute Entry: Motion Hearing held on 4/17/2012 before Magistrate Judge Howard R. Lloyd (Date Filed: 4/17/2012) re [24] (Court Reporter ftr.) (pmc, COURT STAFF) (Date Filed: 4/17/2012) Modified on 4/18/2012 (pmc, COURT STAFF).

40	Filed: 4/17/2012, Entered: 4/18/2012	Motion Hearing
	Minute Entry: Motion Hearing held on 4/17/2012 before Magistrate Judge Howard R. Lloyd (Date Filed: 4/17/2012) re [24]. (Court Reporter ftr.) (pmc, COURT STAFF) (Date Filed: 4/17/2012)

41	Filed: 5/8/2012, Entered: 5/8/2012, Terminated: 5/10/2012	Stipulation
	STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF RYAN MARCROFT IN SUPPORT and (Proposed) Order filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 5/8/2012) Modified on 5/8/2012 (bw, COURT STAFF).

42	Filed: 5/10/2012, Entered: 5/10/2012	Order on Stipulation
	STIPULATION AND ORDER by Magistrate Judge Howard R. Lloyd re [41] Continuing Initial Case Management Conference. Case management conference set for 5/29/2012 is continued to a date to be set by the court contemporaneous with its written ruling on defendants' motion to dismiss.(hrllc2, COURT STAFF) (Filed on 5/10/2012)

		ADR Phone Conference held
	ADR Remark: ADR Phone Conference held by RWS on 5/15/12. A further ADR Phone Conference has been scheduled for 7/16/12 at 2:30 p.m. Pacific. Please note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 5/15/2012)

43	Filed: 5/18/2012, Entered: 5/18/2012	Request for Judicial Notice
	Motion for Leave to File Request for Judicial Notice filed by Think Computer Corporation. (Attachments: # (1) Supplement, # (2) Declaration)(Cable, Marvin) (Filed on 5/18/2012) Text modified on 5/18/2012 conforming to posted document caption (bw, COURT STAFF). Attachment 1 Attachment 2

44	Filed: 7/17/2012, Entered: 7/17/2012	Transcript
	Transcript of Proceedings held on April 17, 2012, before Judge Howard R. Lloyd. Court Reporter/Transcriber Stacy Wegner, Telephone number 859-539-2802. Tape Number: FTR. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 8/7/2012. Redacted Transcript Deadline set for 8/17/2012. Release of Transcript Restriction set for 10/15/2012. (jy, COURT STAFF) (Filed on 7/17/2012)

		ADR Remark
	ADR Remark: The further ADR Phone Conference scheduled for 9/18/12 did not take place. (sgd, COURT STAFF) (Filed on 9/18/2012)

45	Filed: 2/19/2013, Entered: 2/19/2013, Terminated: 2/27/2013	Notice of Change In Counsel
	NOTICE OF WITHDRAWAL OF CO-COUNSEL FOR PLAINTIFF THINK COMPUTER CORPORATION Before the Honorable Howard R. Lloydby Michael Brooks Carroll (Carroll, Michael) (Filed on 2/19/2013) Modified on 2/20/2013 (bwS, COURT STAFF).

46	Filed: 2/27/2013, Entered: 2/27/2013	Order
	ORDER Denying Without Prejudice [45] Plaintiff's Counsel's Motion to Withdraw. Signed by Magistrate Judge Howard R. Lloyd on 2/27/2013. (hrllc2, COURT STAFF) (Filed on 2/27/2013)

47	Filed: 3/14/2013, Entered: 3/14/2013	Request for Judicial Notice
	Request for Judicial Notice filed byThink Computer Corporation. (Attachments: # (1) Declaration of Aaron Greenspan in Support of Plaintiff's Request for Judicial Notice)(Cable, Marvin) (Filed on 3/14/2013)