IXL Learning, Inc. v. Martin

Federal Civil Lawsuit California Northern District Court, Case No. 3:20-cv-02940-JD
District Judge James Donato, presiding
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District Judge James Donato
Last Updated November 3, 2020 at 2:06 PM EST (4.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Ixl Learning, Inc., Plaintiff

Represented by Young Basile Hanlon & MacFarlane, PC

Name Phone Fax E-Mail
Space Andrew R Basile +1 248 649 3333 +1 248 649 3338 abasile@youngbasile.com
Space Ryan McCleary +1 248 244 0130 mccleary@youngbasile.com
Space Jeffrey D. Wilson +1 248 649 3333 wilson@youngbasile.com
Space Eddie D Woodworth, Jr. +1 248 244 0173 +1 248 649 3338 woodworth@youngbasile.com
v.
No Logo Dominick Martin, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space SCOTT JASON FERRELL +1 949 706 6464 +1 949 706 6469 eserve@pacifictrialattorneys.com

Represented by pacifictrialattorneys.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Victoria C Knowles +1 949 706 6464 +1 949 706 6469 vknowles@pacifictrialattorneys.com
Attributes
Office San Francisco
Filed 4/29/2020
Jury Demand Plaintiff
Demand
Nature of Suit 446 - Civil Rights: Americans with Disabilities Act - Other
Cause Section 42 U.S.C. § 12101 Americans w/ Disabilities Act (ADA)
Jurisdiction Federal Question
Disposition
County San Mateo
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag STAYED
Timeline
  Entries (32) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 31 Filed: 11/3/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 30 Filed: 10/26/2020, Entered: None Objection
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Legal Document (Payment Possibly Required) 29 Filed: 10/26/2020, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 28 Filed: 10/1/2020, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 27 Filed: 7/2/2020, Entered: 7/2/2020 Motion HearingCourt Filing
Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 7/2/2020. Total Time in Court: 10 minutes. Court Reporter: Ruth Ekhaus. (jdlc3S, COURT STAFF) (Date Filed: 7/2/2020)
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Blank  Filed: None, Entered: None Case Stayed
Case Stayed (jdlc3S, COURT STAFF) (Filed on 7/2/2020)
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Legal Document (Payment Possibly Required) 26 Filed: 6/29/2020, Entered: 6/29/2020 stipulation
STIPULATION WITH PROPOSED ORDER re [3] Initial Case Management Scheduling Order - ADA Case filed by Dominick Martin. (Attachments: # (1) Proposed Order)(Ferrell, Scott) (Filed on 6/29/2020)
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Legal Document (Payment Possibly Required) 25 Filed: 6/28/2020, Entered: 6/28/2020 Notice of Appearance
NOTICE of Appearance by Victoria Knowles (Knowles, Victoria) (Filed on 6/28/2020)
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Blank 24 Filed: 6/26/2020, Entered: 6/26/2020 Clerk's Notice Setting Zoom HearingCourt Filing
CLERK'S NOTICE SETTING ZOOM HEARING. The motion hearings set for July 2, 2020, at 10:00 a.m., will be held by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by July 1, 2020, at 5:00 p.m. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. Lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09 Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including "screen-shots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 6/26/2020)
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Legal Document (Payment Possibly Required) 23 Filed: 6/25/2020, Entered: 6/25/2020 Order on Motion for Pro Hac ViceCourt Filing
ORDER by Judge James Donato granting [20] Motion for Pro Hac Vice as to Ryan T. McCleary. (lrcS, COURT STAFF) (Filed on 6/25/2020)
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Legal Document (Payment Possibly Required) 22 Filed: 6/25/2020, Entered: 6/25/2020 Order on Motion for Pro Hac ViceCourt Filing
ORDER by Judge James Donato granting [19] Motion for Pro Hac Vice as to Eddie D. Woodworth. (lrcS, COURT STAFF) (Filed on 6/25/2020)
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Legal Document (Payment Possibly Required) 21 Filed: 6/25/2020, Entered: 6/25/2020 Order on Motion for Pro Hac ViceCourt Filing
ORDER by Judge James Donato granting [18] Motion for Pro Hac Vice as to Jeffrey D. Wilson. (lrcS, COURT STAFF) (Filed on 6/25/2020)
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Legal Document (Payment Possibly Required) 20 Filed: 6/24/2020, Entered: 6/24/2020, Terminated: 6/25/2020 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice - Ryan T. McCleary ( Filing fee $ 310, receipt number 0971-14615764.) filed by IXL Learning, Inc.. (Attachments: # (1) Certificate of Good Standing)(McCleary, Ryan) (Filed on 6/24/2020)
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Legal Document (Payment Possibly Required) 19 Filed: 6/24/2020, Entered: 6/24/2020, Terminated: 6/25/2020 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice - Eddie D. Woodworth ( Filing fee $ 310, receipt number 0971-14615740.) filed by IXL Learning, Inc.. (Attachments: # (1) Certificate of Good Standing)(Woodworth, Eddie) (Filed on 6/24/2020)
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Legal Document (Payment Possibly Required) 18 Filed: 6/24/2020, Entered: 6/24/2020, Terminated: 6/25/2020 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice - Jeffrey D. Wilson ( Filing fee $ 310, receipt number 0971-14615713.) filed by IXL Learning, Inc.. (Attachments: # (1) Certificate of Good Standing)(Wilson, Jeffrey) (Filed on 6/24/2020)
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Legal Document (Payment Possibly Required) 17 Filed: 6/17/2020, Entered: 6/17/2020 Reply to Opposition/Response
REPLY (re [10] MOTION to Dismiss , [11] MOTION to Strike [1] Complaint, ) filed byDominick Martin. (Attachments: # (1) Exhibit 1 to Dec of S. Ferrell, # (2) Declaration of R. Hikida, # (3) Declaration of M. Jung, # (4) Declaration of D. Martin, # (5) Request for Judicial Notice, # (6) Exhibit 1, # (7) Exhibit 2, # (8) Exhibit 3, # (9) Objection to Plaintiff's RJN in Opp to Def Motion to Dismiss and Motion to Strike)(Ferrell, Scott) (Filed on 6/17/2020)
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Legal Document (Payment Possibly Required) 16 Filed: 6/17/2020, Entered: 6/17/2020 Reply to Opposition/Response
REPLY (re [11] MOTION to Strike [1] Complaint, ) filed byDominick Martin. (Ferrell, Scott) (Filed on 6/17/2020)
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Legal Document (Payment Possibly Required) 15 Filed: 6/17/2020, Entered: 6/17/2020 Reply to Opposition/Response
REPLY (re [10] MOTION to Dismiss ) filed byDominick Martin. (Ferrell, Scott) (Filed on 6/17/2020)
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Legal Document (Payment Possibly Required) 14 Filed: 6/10/2020, Entered: 6/10/2020 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [11] MOTION to Strike [1] Complaint, ) filed byIXL Learning, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit 1)(Basile, Andrew) (Filed on 6/10/2020)
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Legal Document (Payment Possibly Required) 13 Filed: 6/10/2020, Entered: 6/10/2020 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [10] MOTION to Dismiss ) filed byIXL Learning, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit 1)(Basile, Andrew) (Filed on 6/10/2020)
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Legal Document (Payment Possibly Required) 12 Filed: 6/10/2020, Entered: 6/10/2020 Request For Judicial Notice
Request for Judicial Notice in Support of Plaintiff IXL Learning, Inc.'s Response to Defendant's Motion to Strike and Motion to Dismiss Complaint filed byIXL Learning, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31)(Basile, Andrew) (Filed on 6/10/2020)
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Legal Document (Payment Possibly Required) 11 Filed: 5/27/2020, Entered: 5/27/2020 Motion to StrikeCourt Filing
MOTION to Strike [1] Complaint, filed by Dominick Martin. Motion Hearing set for 7/2/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/10/2020. Replies due by 6/17/2020. (Attachments: # (1) Declaration of Dominick Martin, # (2) Declaration of Scott Ferrell, # (3) Exhibit 1 to Dec of S. Ferrell, # (4) Exhibit 2 to Dec of S. Ferrell, # (5) Exhibit 3 to Dec of S. Ferrell, # (6) Exhibit 4 to Dec of S. Ferrell, # (7) Exhibit 5 to Dec of S. Ferrell, # (8) Exhibit 6 to Dec of S. Ferrell, # (9) Declaration of VaShaun Jones, # (10) Exhibit 1 to Dec of S. Jones, # (11) Request for Judicial Notice, # (12) Exhibit 1 to RJN, # (13) Proposed Order)(Ferrell, Scott) (Filed on 5/27/2020)
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Legal Document (Payment Possibly Required) 10 Filed: 5/27/2020, Entered: 5/27/2020 Motion to DismissCourt Filing
MOTION to Dismiss filed by Dominick Martin. Motion Hearing set for 7/2/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/10/2020. Replies due by 6/17/2020. (Attachments: # (1) Declaration of Dominick Martin, # (2) Declaration of Scott Ferrell, # (3) Exhibit 1 to Dec of S. Ferrell, # (4) Exhibit 2 to Dec of S. Ferrell, # (5) Exhibit 3 to Dec of S. Ferrell, # (6) Exhibit 4 to Dec of S. Ferrell, # (7) Exhibit 5 to Dec of S. Ferrell, # (8) Exhibit 6 to Dec of S. Ferrell, # (9) Request for Judicial Notice, # (10) Exhibit 1 to RJN, # (11) Proposed Order)(Ferrell, Scott) (Filed on 5/27/2020)
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Legal Document (Payment Possibly Required) 9 Filed: 5/13/2020, Entered: 5/13/2020 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on 5/13/2020. (Attachments: # (1) Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 5/13/2020)
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Blank 8 Filed: 5/12/2020, Entered: 5/12/2020 Clerk's Notice of Impending Reassignment - Text OnlyCourt Filing
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. (dtmS, COURT STAFF) (Filed on 5/12/2020)
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Legal Document (Payment Possibly Required) 7 Filed: 5/12/2020, Entered: 5/12/2020 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by IXL Learning, Inc... (Basile, Andrew) (Filed on 5/12/2020)
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Legal Document (Payment Possibly Required) 6 Filed: 5/11/2020, Entered: 5/11/2020 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dominick Martin.. (Ferrell, Scott) (Filed on 5/11/2020)
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Legal Document (Payment Possibly Required) 5 Filed: 5/1/2020, Entered: 5/1/2020 Certificate of Interested Entities
Certificate of Interested Entities by IXL Learning, Inc. (Basile, Andrew) (Filed on 5/1/2020)
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Legal Document (Payment Possibly Required) 4 Filed: 5/1/2020, Entered: 5/1/2020 waiver of service executed
WAIVER OF SERVICE Returned Executed filed by IXL Learning, Inc.. Service waived by Dominick Martin waiver sent on 4/30/2020, answer due 6/29/2020. (Basile, Andrew) (Filed on 5/1/2020)
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Legal Document (Payment Possibly Required) 3 Filed: 4/30/2020, Entered: 4/30/2020 Initial Case Management Scheduling Order - ADA Case
Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (ajsS, COURT STAFF) (Filed on 4/30/2020)
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Blank 2 Filed: 4/29/2020, Entered: 4/29/2020 Case Assigned by IntakeCourt Filing
Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/13/2020. (haS, COURT STAFF) (Filed on 4/29/2020)
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Legal Document (Payment Possibly Required) 1 Filed: 4/29/2020, Entered: 4/29/2020 Complaint
COMPLAINT with Jury Demand for Declaratory Judgment against Dominick Martin ( Filing fee $ 400, receipt number 0971-14421283.). Filed byIXL Learning, Inc. (No Process) (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(Basile, Andrew) (Filed on 4/29/2020) Modified on 4/30/2020 (ajsS, COURT STAFF).
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