Wang et al v. Future Motion, Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 5:22-cv-05064-EJD
District Judge Edward J. Davila, presiding
Tags
District Judge Edward J. Davila
Last Updated December 16, 2023 at 6:46 PM EST (1.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Devon Holt, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
Space Steve W. Berman +1 206 623 7292 +1 206 623 0594 steve@hbsslaw.com
Space Joseph Kingerski +1 206 623 7292 joeyk@hbsslaw.com
Space Jerrod C. Patterson +1 206 268 9378 jerrodp@hbsslaw.com
Space Abby R. Wolf +1 510 725 3000 +1 510 725 3001 abbyw@hbsslaw.com
No Logo Jerrod Hunter Nichols, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
Space Steve W. Berman +1 206 623 7292 +1 206 623 0594 steve@hbsslaw.com
Space Joseph Kingerski +1 206 623 7292 joeyk@hbsslaw.com
Space Jerrod C. Patterson +1 206 268 9378 jerrodp@hbsslaw.com
Space Abby R. Wolf +1 510 725 3000 +1 510 725 3001 abbyw@hbsslaw.com
No Logo Raymond Wang, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
Space Steve W. Berman +1 206 623 7292 +1 206 623 0594 steve@hbsslaw.com
Space Joseph Kingerski +1 206 623 7292 joeyk@hbsslaw.com
Space Jerrod C. Patterson +1 206 268 9378 jerrodp@hbsslaw.com
Space Abby R. Wolf +1 510 725 3000 +1 510 725 3001 abbyw@hbsslaw.com
v.
No Logo Future Motion, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Pablo Orozco +1 612 305 7500 +1 612 305 7501 porozco@nilanjohnson.com
Attributes
Office San Jose
Filed 9/6/2022
Jury Demand Plaintiff
Demand
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 15 U.S.C. § 2301 Magnuson-Moss Warranty Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County San Mateo
Terminated 2/14/2023
Origin 1
Reopened
Lead Case
521-cv-06088-BLF
Related Case
None
Other Court Case None
Defendant Custody Status
Flags ADRMOP,CLOSED,CONSOL
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 42 Filed: 2/14/2023, Entered: 2/14/2023 OrderCourt Filing
ORDER CONSOLIDATING CASES. All documents must be filed in Case No. 5:21-cv-06088 EJD. Consolidated Complaint due by 3/16/2023. The Clerk shall close Case No. 5:22-cv-05064. Signed by Judge Edward J. Davila on 2/14/2023. (crr, COURT STAFF) (Filed on 2/14/2023)
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Legal Document (Payment Possibly Required) 41 Filed: 1/12/2023, Entered: 1/12/2023 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings re [39] Order Relating Cases . Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Jon S. Tigar no longer assigned to case. Reassignment Order signed by Clerk on 1/12/2023. (Attachments: # (1) Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 1/12/2023)
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Order to Show Cause with OCR 40 Filed: 1/11/2023, Entered: 1/11/2023 Order to Show CauseCourt Filing
ORDER TO SHOW CAUSE REGARDING CONSOLIDATION. Show Cause Response due by 1/25/2023. Signed by Judge Edward J. Davila on 1/11/2023. (ejdlc2, COURT STAFF) (Filed on 1/11/2023)
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Legal Document (Payment Possibly Required) 39 Filed: 1/11/2023, Entered: 1/11/2023 Order Relating CaseCourt Filing
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 1/11/2023. (ejdlc2, COURT STAFF) (Filed on 1/11/2023)
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Blank 38 Filed: 1/5/2023, Entered: 1/5/2023 Clerks Notice
CLERK'S NOTICE VACATING MOTION HEARING. Before the Court are the Motion to Strike and the Motion to Dismiss. ECF Nos.[16], [19]. Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, January 12, 2023 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 1/5/2023)
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Legal Document (Payment Possibly Required) 37 Filed: 1/3/2023, Entered: 1/3/2023 Order on Motion for Pro Hac ViceCourt Filing
Order by Judge Jon S. Tigar granting [36] Motion for Pro Hac Vice as to Joseph Kingerski.(mll, COURT STAFF) (Filed on 1/3/2023)
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Legal Document (Payment Possibly Required) 36 Filed: 12/29/2022, Entered: 12/29/2022, Terminated: 1/3/2023 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17858235.) filed by Devon Holt, Jerrod Hunter Nichols, Raymond Wang. (Attachments: # (1) Exhibit A (Certificate of Good Standing))(Kingerski, Joseph) (Filed on 12/29/2022)
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Legal Document (Payment Possibly Required) 35 Filed: 12/28/2022, Entered: 12/28/2022 Notice (other)
NOTICE by Future Motion, Inc. (Attachments: # (1) Exhibit Ex A)(Orozco, Pablo) (Filed on 12/28/2022)
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Legal Document (Payment Possibly Required) 34 Filed: 12/16/2022, Entered: 12/16/2022 Order on Motion for Pro Hac ViceCourt Filing
ORDER DENYING STEVE W. BERMAN'S PRO HAC VICE APPLICATION by Judge Jon S. Tigar denying [3] Motion for Pro Hac Vice.(mll, COURT STAFF) (Filed on 12/16/2022)
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Legal Document (Payment Possibly Required) 33 Filed: 12/14/2022, Entered: 12/14/2022 Notice (other)
NOTICE by Devon Holt, Jerrod Hunter Nichols, Raymond Wang Notice of Filing Regarding Wang Plaintiffs' Administrative Motion for Relief to Consider Whether Cases Should be Related (Attachments: # (1) Exhibit A)(Wolf, Abigail) (Filed on 12/14/2022)
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Blank 32 Filed: 11/23/2022, Entered: 11/23/2022 Clerks Notice
CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.). The case management conference set for 12/6/2022 is CONTINUED. Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 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 March 13, 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 3/7/2023. Initial Case Management Conference set for 3/14/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 11/23/2022)
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Legal Document (Payment Possibly Required) 31 Filed: 11/22/2022, Entered: 11/22/2022 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Patterson, Jerrod) (Filed on 11/22/2022)
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Legal Document (Payment Possibly Required) 30 Filed: 11/16/2022, Entered: 11/16/2022 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Patterson, Jerrod) (Filed on 11/16/2022)
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Legal Document (Payment Possibly Required) 29 Filed: 11/16/2022, Entered: 11/16/2022 Certificate of Interested Entities
Certificate of Interested Entities by Devon Holt, Jerrod Hunter Nichols, Raymond Wang Plaintiffs' Civil L.R. 3-15 Disclosure of Non-Party Interested Entities or Persons (Patterson, Jerrod) (Filed on 11/16/2022)
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Legal Document (Payment Possibly Required) 28 Filed: 11/11/2022, Entered: 11/11/2022 Reply to Opposition/Response
REPLY (re [16] MOTION to Strike [1] Complaint, ) filed byFuture Motion, Inc.. (Orozco, Pablo) (Filed on 11/11/2022)
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Legal Document (Payment Possibly Required) 27 Filed: 11/11/2022, Entered: 11/11/2022 Reply to Opposition/Response
REPLY (re [19] MOTION to Dismiss ) Plaintiff's' Class Action Complaint filed byFuture Motion, Inc.. (Orozco, Pablo) (Filed on 11/11/2022)
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Legal Document (Payment Possibly Required) 26 Filed: 10/28/2022, Entered: 10/28/2022 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [19] MOTION to Dismiss ) Plaintiffs' Opposition to Defendant Future Motion, Inc.'s Motion to Dismiss Plaintiffs' Class Action Complaint filed byDevon Holt, Jerrod Hunter Nichols, Raymond Wang. (Patterson, Jerrod) (Filed on 10/28/2022)
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Legal Document (Payment Possibly Required) 25 Filed: 10/28/2022, Entered: 10/28/2022 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [16] MOTION to Strike [1] Complaint, ) Plaintiffs' Opposition to Defendant Future Motion Inc.'s Motion to Strike Plaintiffs' Class Action Complaint filed byDevon Holt, Jerrod Hunter Nichols, Raymond Wang. (Patterson, Jerrod) (Filed on 10/28/2022)
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Legal Document (Payment Possibly Required) 24 Filed: 10/14/2022, Entered: 10/14/2022 Order on StipulationCourt Filing
ORDER REGARDING PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO STRIKE AND MOTION TO DISMISS, AND DEFENDANT'S REPLIES IN SUPPORT by Judge Jon S. Tigar granting [23] Stipulation. Replies due by 11/11/2022. Responses due by 10/28/2022.(mll, COURT STAFF) (Filed on 10/14/2022)
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Legal Document (Payment Possibly Required) 23 Filed: 10/12/2022, Entered: 10/12/2022, Terminated: 10/14/2022 stipulation
STIPULATION WITH PROPOSED ORDER re [19] MOTION to Dismiss , [16] MOTION to Strike [1] Complaint, Joint Stipulation and [Proposed] Order Regarding Plaintiffs' Response to Defendant's Motion to Strike and Motion to Dismiss, and Defendant's Replies in Support filed by Devon Holt, Jerrod Hunter Nichols, Raymond Wang. (Patterson, Jerrod) (Filed on 10/12/2022)
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Legal Document (Payment Possibly Required) 22 Filed: 10/5/2022, Entered: 10/5/2022 Response (Non-Motion)
RESPONSE re [14] Order,, Set Deadlines/Hearings, Response to Order Requiring Additional Information Regarding Steve W. Berman's Pro Hac Vice Application by Devon Holt, Jerrod Hunter Nichols, Raymond Wang. (Attachments: # (1) Declaration of Steve W. Berman)(Patterson, Jerrod) (Filed on 10/5/2022)
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Legal Document (Payment Possibly Required) 21 Filed: 9/30/2022, Entered: 9/30/2022 Proposed Order
Proposed Order re [19] MOTION to Dismiss by Future Motion, Inc.. (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 20 Filed: 9/30/2022, Entered: 9/30/2022 Declaration in Support
Declaration of Pablo Orozco in Support of [19] MOTION to Dismiss filed byFuture Motion, Inc.. (Attachments: # (1) Exhibit 1 - Onewheel Owner's Manual, # (2) Exhibit 2 - DeCoteau Amended Class Action Complaint)(Related document(s)[19]) (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 19 Filed: 9/30/2022, Entered: 9/30/2022, Terminated: 2/14/2023 Motion to DismissCourt Filing
MOTION to Dismiss filed by Future Motion, Inc.. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/14/2022. Replies due by 10/21/2022. (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 18 Filed: 9/30/2022, Entered: 9/30/2022 Proposed Order
Proposed Order re [16] MOTION to Strike [1] Complaint, by Future Motion, Inc.. (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 17 Filed: 9/30/2022, Entered: 9/30/2022 Declaration in Support
Declaration of Pablo Orozco in Support of [16] MOTION to Strike [1] Complaint, filed byFuture Motion, Inc.. (Attachments: # (1) Exhibit 1 - Onewheel Owner's Manual, # (2) Exhibit 2 - DeCoteau Amended Class Action Complaint)(Related document(s)[16]) (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 16 Filed: 9/30/2022, Entered: 9/30/2022, Terminated: 2/14/2023 Motion to StrikeCourt Filing
MOTION to Strike [1] Complaint, filed by Future Motion, Inc.. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/14/2022. Replies due by 10/21/2022. (Orozco, Pablo) (Filed on 9/30/2022)
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Legal Document (Payment Possibly Required) 15 Filed: 9/14/2022, Entered: 9/14/2022 Order on Motion for Pro Hac ViceCourt Filing
Order by Judge Jon S. Tigar granting [4] Motion for Pro Hac Vice as to Jerrod Patterson.(mll, COURT STAFF) (Filed on 9/14/2022)
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Legal Document (Payment Possibly Required) 14 Filed: 9/14/2022, Entered: 9/14/2022 OrderCourt Filing
ORDER REQUIRING ADDITIONAL INFORMATION RE: STEVE W. BERMAN'S APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE re [3] MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17510567.) filed by Raymond Wang, Devon Holt, Jerrod Hunter Nichols Responses due by 10/5/2022. Signed by Judge Jon S. Tigar on September 14, 2022. (mll, COURT STAFF) (Filed on 9/14/2022)
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Legal Document (Payment Possibly Required) 13 Filed: 9/12/2022, Entered: 9/12/2022 summons returned executed
SUMMONS Returned Executed by Raymond Wang, Jerrod Hunter Nichols, Devon Holt. Future Motion, Inc. served on 9/9/2022, answer due 9/30/2022. (Berman, Steve) (Filed on 9/12/2022)
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Legal Document (Payment Possibly Required) 12 Filed: 9/9/2022, Entered: 9/9/2022 Clerks Notice
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/29/2022. Initial Case Management Conference set for 12/6/2022 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 December 5, 2022 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 11/29/2022. Initial Case Management Conference set for 12/6/2022 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 9/9/2022)
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Legal Document (Payment Possibly Required) 11 Filed: 9/7/2022, Entered: 9/7/2022 Case Assigned/ReassignedCourt Filing
Case reassigned to Judge Jon S. Tigar. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by the Clerk on 9/7/2022 (Attachments: # (1) Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 9/7/2022)
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Blank 10 Filed: 9/7/2022, Entered: 9/7/2022 Order Assigning/ Reassigning Case (CRJ)Court Filing
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 9/7/2022)
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Blank 9 Filed: 9/7/2022, Entered: 9/7/2022 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. (jhf, COURT STAFF) (Filed on 9/7/2022)
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Legal Document (Payment Possibly Required) 8 Filed: 9/7/2022, Entered: 9/7/2022 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Devon Holt, Jerrod Hunter Nichols, Raymond Wang.. (Wolf, Abigail) (Filed on 9/7/2022)
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Legal Document (Payment Possibly Required) 7 Filed: 9/7/2022, Entered: 9/7/2022 Initial Case Management Scheduling Order with ADR Deadlines
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/29/2022. Initial Case Management Conference set for 12/6/2022 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 9/7/2022)
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Legal Document (Payment Possibly Required) 6 Filed: 9/7/2022, Entered: 9/7/2022 Summons issued
Summons Issued as to Future Motion, Inc.. (cv, COURT STAFF) (Filed on 9/7/2022)
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Blank 5 Filed: 9/6/2022, Entered: 9/7/2022 Case Assigned by IntakeCourt Filing
Case assigned to Magistrate Judge Susan van Keulen. 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 9/20/2022. (bw, COURT STAFF) (Filed on 9/6/2022)
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Legal Document (Payment Possibly Required) 4 Filed: 9/6/2022, Entered: 9/6/2022, Terminated: 9/14/2022 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17510572.) filed by Devon Holt, Jerrod Hunter Nichols, Raymond Wang. (Attachments: # (1) Exhibit A (Certificate of Good Standing))(Patterson, Jerrod) (Filed on 9/6/2022)
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Legal Document (Payment Possibly Required) 3 Filed: 9/6/2022, Entered: 9/6/2022, Terminated: 12/16/2022 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17510567.) filed by Devon Holt, Jerrod Hunter Nichols, Raymond Wang. (Attachments: # (1) Exhibit A (Certificate of Good Standing))(Berman, Steve) (Filed on 9/6/2022)
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Legal Document (Payment Possibly Required) 2 Filed: 9/6/2022, Entered: 9/6/2022 Proposed Summons
Proposed Summons. (Wolf, Abigail) (Filed on 9/6/2022)
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Legal Document (Payment Possibly Required) 1 Filed: 9/6/2022, Entered: 9/6/2022 Complaint
COMPLAINT Class Action Complaint against Future Motion, Inc. ( Filing fee $ 402, receipt number ACANDC-17510394.). Filed byRaymond Wang, Jerrod Hunter Nichols, Devon Holt. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A (Declaration of Raymond Wang re CLRA Venue), # (3) Exhibit B (Declaration of Devon Holt re CLRA Venue))(Wolf, Abigail) (Filed on 9/6/2022)
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