Sears v. Greenwood

Federal Civil Lawsuit California Northern District Court, Case No. 4:11-cv-00479
District Judge Phyllis J. Hamilton, presiding
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District Judge Phyllis J. Hamilton
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Parties
No Logo David A. Sears, Plaintiff

Represented by haelaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Kathleen Ann Herkenhoff +1 619 342 8000 +1 619 342 7878 kathleenh@haelaw.com

Represented by The Weiser Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kathleen Ann Herkenhoff +1 858 794 1441 +1 858 794 1450 kah@weiserlawfirm.com
v.
No Logo Alexander E. Barkas, Defendant
No Logo Charles J. Homcy, Defendant
No Logo David L. Greenwood, Defendant
No Logo Edward V. Fritzky, Defendant

Represented by County of Santa Cruz

Name Phone Fax E-Mail
Space Louis David Nefouse +1 510 272 6700 +1 510 272 5020 l.david.Nefouse@santacruzcounty.us

Represented by Wilson Sonsini Goodrich & Rosati, PC

No Logo Hoyoung Huh, Defendant
No Logo Karin Eastham, Defendant
No Logo Robert J. Spiegel, Defendant
No Logo Thomas B. Okarma, Defendant
No Logo THOMAS D. KILEY, Defendant
No Logo Thomas Hofstaetter, Defendant
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 160 - Contract: Stockholders' Suits
Timeline
  Entries (17) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 15 Filed: 3/7/2011, Entered: None Court Filing
STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL WITHOUT PREJUDICE re 14 Stipulation filed by David A. Sears, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/7/11. (nah, COURT STAFF) (Filed on 3/7/2011) (Entered: 03/07/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 3/2/2011, Entered: None
STIPULATION and [Proposed] Order Regarding Voluntary Dismissal Without Prejudice by David A. Sears. (Herkenhoff, Kathleen) (Filed on 3/2/2011) Modified on 3/3/2011 (vlk, COURT STAFF). (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 2/22/2011, Entered: None
CERTIFICATE OF SERVICE by Edward V. Fritzky re 12 Request for Judicial Notice, 10 MOTION to Dismiss Defendant Edward V. Fritzky's Notice of Motion and Motion to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof, 11 Declaration in Support,, (Kim, Angie) (Filed on 2/22/2011) (Entered: 02/22/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 2/22/2011, Entered: None
Request for Judicial Notice re 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Related document(s) 10, 11 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered: 02/22/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 2/22/2011, Entered: None
Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered: 02/22/2011)
  • Attachment 1 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 2 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 3 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 4 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 5 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 6 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 7 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 8 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 9 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 10 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 11 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 12 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
  • Attachment 13 Declaration of L. David Nefouse in Support of 10 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 8)(Related document(s) 10 ) (Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered:
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Legal Document (Payment Possibly Required) 10 Filed: 2/22/2011, Entered: None
MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. Motion Hearing set for 3/30/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. (Attachments: # 1 Proposed Order)(Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered: 02/22/2011)
  • Attachment 1 MOTION to Dismiss Derivative Complaint; Memorandum of Points and Authorities in Support Thereof filed by Edward V. Fritzky. Motion Hearing set for 3/30/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. (Attachments: # 1 Proposed Order)(Kim, Angie) (Filed on 2/22/2011) Modified on 2/23/2011 (vlk, COURT STAFF). (Entered: 02/22/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 2/16/2011, Entered: None Court Filing
ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 5/5/2011. Initial Case Management Conference set for 5/12/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 2/16/11. (nah, COURT STAFF) (Filed on 2/16/2011) (Entered: 02/16/2011)
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Legal Document (Payment Possibly Required)  Filed: 2/15/2011, Entered: None
Case Reassigned to Judge Hon. Phyllis J. Hamilton. Judge Hon. Charles R. Breyer no longer assigned to the case. (as, COURT STAFF) (Filed on 2/15/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 2/14/2011, Entered: None Court Filing
ORDER RELATING CASES. C 11-479 CRB AND C 10-5822 PJH ARE RELATED. Signed by Judge Phyllis J. Hamilton on 2/14/11. (nah, COURT STAFF) (Filed on 2/14/2011) (Entered: 02/14/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 2/9/2011, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.Signed by Executive Committee on 2/9/11. (mab, COURT STAFF) (Filed on 2/9/2011) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 2/8/2011, Entered: None Court Filing
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (lmh, COURT STAFF) (Filed on 2/8/2011) (Entered: 02/08/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 2/7/2011, Entered: None Court Filing
CERTIFICATE OF SERVICE by Edward V. Fritzky re 4 Declination to Proceed Before a U.S. Magistrate Judge (Nefouse, Louis) (Filed on 2/7/2011) (Entered: 02/07/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 2/7/2011, Entered: None Court Filing
Declination to Proceed Before a U.S. Magistrate Judge by Edward V. Fritzky. (Nefouse, Louis) (Filed on 2/7/2011) (Entered: 02/07/2011)
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Legal Document (Payment Possibly Required)  Filed: 2/1/2011, Entered: None
CASE DESIGNATED for Electronic Filing. (wsn, COURT STAFF) (Filed on 2/1/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 2/1/2011, Entered: None
Certificate of Interested Entities by Edward V. Fritzky identifying Other Affiliate Monitor Liability Managers LLC, Other Affiliate WR Berkley Corporation, Other Affiliate Berkley Insurance Company, Other Affiliate Old Republic Insurance Company for Edward V. Fritzky. (wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 2/1/2011, Entered: None
ADR SCHEDULING ORDER: Case Management Statement due by 5/3/2011. Case Management Conference set for 5/10/2011 10:00 AM in Courtroom E, 15th Floor, San Francisco. (Attachments: # 1 Standing Order)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
  • Attachment 1 ADR SCHEDULING ORDER: Case Management Statement due by 5/3/2011. Case Management Conference set for 5/10/2011 10:00 AM in Courtroom E, 15th Floor, San Francisco. (Attachments: # 1 Standing Order)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 2/1/2011, Entered: None
NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is CIV502791. (Filing fee $350 receipt number 34611055713, no process). Filed by Edward V. Fritzky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
  • Attachment 1 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is CIV502791. (Filing fee $350 receipt number 34611055713, no process). Filed by Edward V. Fritzky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
  • Attachment 2 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is CIV502791. (Filing fee $350 receipt number 34611055713, no process). Filed by Edward V. Fritzky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
  • Attachment 3 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is CIV502791. (Filing fee $350 receipt number 34611055713, no process). Filed by Edward V. Fritzky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 2/1/2011) (Entered: 02/02/2011)
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