The Mockingbird Foundation, Inc. v. Luong (3:19-cv-05671)

District Court, N.D. California

Date Filed
Description

1

Sep 9, 2019

COMPLAINT against Quang-Tuan Luong ( Filing fee $ 400, receipt number 0971-13687627.). Filed byMockingbird Foundation, Inc.. (Attachments: # 1 Civil Cover Sheet)(Malone, Phillip) (Filed on 9/9/2019) (Entered: 09/09/2019)

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Complaint

2

Sep 10, 2019

Case assigned to Judge Nathanael M. Cousins. 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 9/24/2019. (ajsS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

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Sep 10, 2019

~Util - Case Assigned by Intake

Sep 10, 2019

Clerk's Notice re: Consent or Declination

3

Sep 10, 2019

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/4/2019. Initial Case Management Conference set for 12/11/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor. (sfbS, COURT STAFF) (Filed on 9/10/2019) Modified on 9/10/2019 (sfbS, COURT STAFF). (Entered: 09/10/2019)

Initial Case Management Scheduling Order with ADR Deadlines

4

Sep 10, 2019

CLERK'S NOTICE REGARDING Consent or Declination: All parties are requested to file a consent or declination to proceed before a magistrate judge by 9/24/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

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5

Sep 13, 2019

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13702085.) filed by The Mockingbird Foundation, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Levy, Paul) (Filed on 9/13/2019) (Entered: 09/13/2019)

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Pro Hac Vice

6

Sep 16, 2019

ORDER GRANTING APPLICATION for Admission of Attorney Paul Alan Levy Pro Hac Vice representing plaintiff 5 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/16/2019) (Entered: 09/16/2019)

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Order on Motion for Pro Hac Vice

7

Sep 24, 2019

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Mockingbird Foundation, Inc... (Malone, Phillip) (Filed on 9/24/2019) (Entered: 09/24/2019)

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Consent/Declination to Proceed Before a US Magistrate Judge

8

Sep 25, 2019

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. (pmcS, COURT STAFF) (Filed on 9/25/2019) (Entered: 09/25/2019)

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Sep 25, 2019

Clerk's Notice of Impending Reassignment - Text Only

Sep 25, 2019

Clerk's Notice

9

Sep 25, 2019

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. 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 Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 9/25/2019. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/25/2019) (Entered: 09/25/2019)

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Order Reassigning Case

Att 1

Notice of Eligibility for Video Recording

10

Sep 25, 2019

CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Richard Seeborg upon reassignment. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Parties or counsel may appear personally at 10:00 a.m. or file a request to appear by telephone at 11:00 am. If any party files such a request to appear by telephone, the Case Management Conference shall be moved to 11:00 am to be held telephonically. All parties shall appear telephonically and must contact Court Conference at 866/582-6878 at least one week prior to the Conference.Case Management Statement due by 12/5/2019. Initial Case Management Conference set for 12/12/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 9/25/2019) (Entered: 09/25/2019)

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11

Oct 9, 2019

WAIVER OF SERVICE Returned Executed filed by The Mockingbird Foundation, Inc.. Service waived by Quang-Tuan Luong waiver sent on 9/10/2019, answer due 11/12/2019. (Levy, Paul) (Filed on 10/9/2019) (Entered: 10/09/2019)

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Waiver of Service Executed

12

Nov 11, 2019

FIRST AMENDED COMPLAINT against Quang-Tuan Luong. Filed by The Mockingbird Foundation, Inc.. (Malone, Phillip) (Filed on 11/11/2019) Modified on 12/13/2019 (gbaS, COURT STAFF). (Entered: 11/11/2019)

13

Nov 19, 2019

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Levy, Paul) (Filed on 11/19/2019) (Entered: 11/19/2019)

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options

14

Nov 22, 2019

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Higbee, Mathew) (Filed on 11/22/2019) (Entered: 11/22/2019)

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options

15

Nov 22, 2019

NOTICE of Appearance by Mathew Higbee (Higbee, Mathew) (Filed on 11/22/2019) (Entered: 11/22/2019)

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Notice of Appearance

16

Nov 25, 2019

MOTION to Dismiss filed by Quang-Tuan Luong. Motion Hearing set for 3/19/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 12/9/2019. Replies due by 12/16/2019. (Attachments: # 1 Declaration of Mathew K. Higbee, # 2 Exhibit A)(Higbee, Mathew) (Filed on 11/25/2019) (Entered: 11/25/2019)

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Dismiss

Att 1

Declaration of Mathew K. Higbee

Att 2

Exhibit A

17

Dec 3, 2019

STIPULATION WITH PROPOSED ORDER re 16 MOTION to Dismiss filed by The Mockingbird Foundation, Inc.. (Malone, Phillip) (Filed on 12/3/2019) (Entered: 12/03/2019)

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Stipulation and Proposed Order

18

Dec 4, 2019

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference previously set for December 12, 2019 is continued to April 16, 2020 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by April 9, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 12/4/2019) (Entered: 12/04/2019)

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Dec 4, 2019

Clerk's Notice

19

Dec 4, 2019

ORDER by Judge Richard Seeborg granting 17 Stipulation to extend time to respond to Motion to Dismiss. (cl, COURT STAFF) (Filed on 12/4/2019) (Entered: 12/04/2019)

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Order on Stipulation

20

Dec 13, 2019

OPPOSITION/RESPONSE (re 16 MOTION to Dismiss ) filed byThe Mockingbird Foundation, Inc.. (Attachments: # 1 Affidavit, # 2 Affidavit)(Malone, Phillip) (Filed on 12/13/2019) (Entered: 12/13/2019)

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Opposition/Response to Motion

21

Dec 21, 2019

STIPULATION WITH PROPOSED ORDER re 16 MOTION to Dismiss, 20 Opposition/Response to Motion to extend the time to file a Reply to January 3, 2020 filed by Quang-Tuan Luong. (Higbee, Mathew) (Filed on 12/21/2019) (Entered: 12/21/2019)

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Stipulation and Proposed Order

22

Dec 23, 2019

ORDER granting 21 Stipulation for Extension of Time for Defendant's Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss. Signed by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 12/23/2019) (Entered: 12/23/2019)

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Order on Stipulation

23

Jan 3, 2020

REPLY (re 16 MOTION to Dismiss ) filed byQuang-Tuan Luong. (Higbee, Mathew) (Filed on 1/3/2020) (Entered: 01/03/2020)

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Reply to Opposition/Response

24

Feb 12, 2020

ORDER VACATING HEARING. Signed by Judge Richard Seeborg on 2/12/2020. (cl, COURT STAFF) (Filed on 2/12/2020) (Entered: 02/12/2020)

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Order

25

Feb 20, 2020

ORDER by Judge Richard Seeborg Denying 16 Motion to Dismiss First Amended Complaint. (cl, COURT STAFF) (Filed on 2/20/2020) (Entered: 02/20/2020)

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Order on Motion to Dismiss

26

Mar 9, 2020

NOTICE of Voluntary Dismissal, [PROPOSED] Order by The Mockingbird Foundation, Inc. (Attachments: # 1 Exhibit License)(Levy, Paul) (Filed on 3/9/2020) Modified on 3/10/2020 (mclS, COURT STAFF). (Entered: 03/09/2020)

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Notice of Voluntary Dismissal

27

Mar 10, 2020

ORDER re 26 Notice of Voluntary Dismissal filed by The Mockingbird Foundation, Inc., ***Civil Case Terminated. Signed by Judge Richard Seeborg on 3/10/2020. (cl, COURT STAFF) (Filed on 3/10/2020) (Entered: 03/10/2020)

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Order

28

Mar 23, 2020

Joint MOTION for Extension of Time to File Application for Award of Attorney Fees and Expenses ; [PROPOSED] Order, filed by The Mockingbird Foundation, Inc. (Levy, Paul) (Filed on 3/23/2020) Modified on 3/23/2020 (mclS, COURT STAFF). (Entered: 03/23/2020)

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Extension of Time to File Document

29

Mar 23, 2020

ORDER by Judge Richard Seeborg granting 28 Motion for Extension of Time to File Motion for Attorney Fees and Costs. (cl, COURT STAFF) (Filed on 3/23/2020) (Entered: 03/23/2020)

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Order on Motion for Extension of Time to File

30

Apr 21, 2020

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Stipulation and Proposed Order

31

Apr 21, 2020

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Order on Stipulation

32

May 8, 2020

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Extension of Time to File Document

33

May 8, 2020

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Order on Motion for Extension of Time to File

34

May 14, 2020

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Stipulation and Proposed Order

35

May 14, 2020

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Order on Stipulation

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