Felter v. Dell Technologies, Inc.
| California Northern District Court | |
| Judge: | Vince Chhabria |
| Case #: | 3:21-cv-04187 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jun 02, 2021 |
| Terminated: | Jul 29, 2022 |
| Last checked: Monday Nov 29, 2021 1:04 AM PST |
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Defendant
Dell Technologies, Inc.
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Represented By
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Plaintiff
Robert Felter
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Represented By
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GPO
Jul 29 2022
Order by Judge Vince Chhabria granting 32 Motion to Compel Arbitration. (vclc1, COURT STAFF) (Filed on 7/29/2022) |
| Docket last updated: 8 hours ago |
| Wednesday, August 24, 2022 | ||
| 44 | 44
1
pgs
order
Judgment
Wed 08/24 10:40 AM
JUDGMENT. Signed by Judge Vince Chhabria on 08/24/2022. (vclc1, COURT STAFF) |
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| Friday, July 29, 2022 | ||
| 43 | 43
4
pgs
order
Order on Motion to Compel
Fri 07/29 6:08 PM
Order by Judge Vince Chhabria granting 32 Motion to Compel Arbitration. (vclc1, COURT STAFF) |
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| Thursday, May 05, 2022 | ||
| 42 | 42
respm
Reply to Opposition/Response
Thu 05/05 11:32 AM
SUPPLEMENTAL Opposition to (32 MOTION to Compel Arbitration) filed by Robert Felter, Michael Washington. (Hochfelsen, Steven) Modified on 5/5/2022 (gba, COURT STAFF) |
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| Thursday, April 28, 2022 | ||
| 41 | 41
misc
Response ( Non Motion )
Thu 04/28 2:25 PM
RESPONSE re39 Declaration in Support Regarding Shipping Charges/Restocking Fees by Dell Technologies, Inc..(O'Carroll, Sinead) |
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Att: 1
Declaration of Thomas Tang,
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Att: 2
Exhibit 1 - Dell Return Policy,
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Att: 3
Exhibit 2 - Washington Receipt,
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Att: 4
Exhibit 3 - Return Policy Communication,
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Att: 5
Exhibit 4 - Return Policy Website Image,
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Att: 6
Declaration of Sinead O'Carroll,
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Att: 7
Exhibit 1 - Best Buy Return Policy
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| Thursday, April 21, 2022 | ||
| 39 | 39
oth_sup
Declaration in Support
Thu 04/21 3:59 PM
Declaration of Steven I. Hochfelsen, Esq. REGARDING SHIPPING CHARGES/RESTOCKING FEES FOR RETURN OF DELL PRODUCTS filed byRobert Felter, Michael Washington. (Hochfelsen, Steven) |
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minutes
Motion Hearing
Thu 04/21 3:12 PM
Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 4/21/2022 re 32 MOTION to Compel Arbitration filed by Dell Technologies, Inc. The Court heard oral argument and took the matter under submission. The Court will issue a written ruling. Total Time in Court: 18 minutes. Court Reporter: Hearing recorded via Zoom: 2:40 - 2:58. Plaintiff Attorney: Steven Hochfelsen, Timothy Granitz, and David Kani. Defendant Attorney: Sinead O'Carroll and Carla Oakley. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 4/21/2022) |
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order
Order
Thu 04/21 5:50 PM
ORDER: The defendant is ordered to respond to the declaration filed by the plaintiffs concerning the restocking fee, Dkt. No. 39. The response is limited to ten pages and must be filed within seven days of this order. The plaintiffs may file a reply, also not to exceed ten pages, within seven days of the defendant's response. Signed by Judge Vince Chhabria on 04/21/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) |
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| Monday, April 11, 2022 | ||
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oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings ~Util - Teleconference Zoom
Mon 04/11 3:29 PM
CLERK'S NOTICE RESETTING THE TIME FOR THE MOTION HEARING ON 4/21/2022, RE32 MOTION to Compel Arbitration . Motion Hearing set for 4/21/2022, 02:30 PM, via Videoconference Only before Judge Vince Chhabria. 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 [LINK:https://www.cand.uscourts.gov/vc] Cou rt 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, April 14, 2022, by no later than 10:00 a.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: [LINK:https://www.cand.uscourts. gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) |
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| Wednesday, March 30, 2022 | ||
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oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings ~Util - Teleconference Zoom
Wed 03/30 8:00 AM
CLERK'S NOTICE RESCHEDULING THE MOTION HEARING FROM 3/31/2022, TO 4/21/2022, RE32 MOTION to Compel Arbitration . Motion Hearing set for 4/21/2022, 10:00 AM, via Videoconference Only before Judge Vince Chhabria. 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 [LINK:https://www.cand.uscourts.gov/vc] < p> 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, April 14, 2022, by 10:00 a.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: [LINK:https://www.cand.uscourts.gov/zo om/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) |
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| Monday, March 28, 2022 | ||
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oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings ~Util - Teleconference Zoom
Mon 03/28 2:59 PM
CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL FOR MOTION HEARING ON 3/31/2022, RE32 MOTION to Compel Arbitration . Motion Hearing set for 3/31/2022, 10:00 AM, via Videoconference Only before Judge Vince Chhabria. 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 [LINK:h ttps://www.cand.uscourts.gov/vc] 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Tuesday, March 29, 2022, by 10:00 a.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: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) |
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| Monday, March 14, 2022 | ||
| 34 | 34
respm
Reply to Opposition/Response
Mon 03/14 1:30 PM
REPLY filed byDell Technologies, Inc..(O'Carroll, Sinead) |
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Att: 1
Declaration Elizabeth Tetmeyer,
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Att: 2
Exhibit 1 - GMOR Script
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| Monday, February 21, 2022 | ||
| 33 | 33
respm
Opposition/Response to Motion
Mon 02/21 5:06 PM
OPPOSITION/RESPONSE filed byRobert Felter, Michael Washington.(Hochfelsen, Steven) |
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Att: 1
Declaration Declaration of Bryen Hill,
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Att: 2
Declaration Declaration of Michael Washington,
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Att: 3
Declaration Declaration of Robert Felter
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| Thursday, January 20, 2022 | ||
| 32 | 32
motion
Compel
Thu 01/20 2:32 PM
MOTION to Compel Arbitration filed by Dell Technologies, Inc.. Motion Hearing set for 3/31/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Vince Chhabria. Responses due by 2/21/2022. Replies due by 3/14/2022.(O'Carroll, Sinead) |
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Att: 1
Declaration Elizabeth Tetmeyer,
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Att: 2
Exhibit 1 - Washington Receipt,
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Att: 3
Exhibit 2 - Best Buy Invoice,
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Att: 4
Exhibit 3 - Checkout Screen,
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Att: 5
Exhibit 4 - Warranty, Safety, and Regulatory Info,
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Att: 6
Exhibit 5 - Terms of Sale,
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Att: 7
Exhibit 6 - Box Label,
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Att: 8
Exhibit 7 - Start-Up Screen
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| Monday, January 03, 2022 | ||
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order
~Util - Set Deadlines/Hearings
Mon 01/03 8:54 AM
Motion to compel due by 1/20/2022. Opposition due by 2/21/2022. Reply due by 3/14/2022. Motion Hearing set for 3/31/2022 10:00 AM via Zoom before Judge Vince Chhabria. Signed by Judge Vince Chhabria on 01/03/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) |
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| Thursday, December 30, 2021 | ||
| 31 | 31
6
pgs
order
Order on Stipulation
Thu 12/30 9:58 AM
Order by Judge Vince Chhabria granting 30 stipulation to continue schedule. (vclc1, COURT STAFF) |
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| Friday, December 17, 2021 | ||
| 30 | 30
motion
Stipulation and Proposed Order
Fri 12/17 4:23 PM
STIPULATION WITH PROPOSED ORDER filed by Dell Technologies, Inc..(O'Carroll, Sinead) |
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Att: 1
Declaration of Sinead O'Carroll
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| 29 | 29
2
pgs
order
Order on Motion for Pro Hac Vice
Fri 12/17 11:32 AM
Order by Judge Vince Chhabria granting 28 Motion for Pro Hac Vice - Granitz. (bxs, COURT STAFF) |
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| 28 | 28
motion
Pro Hac Vice
Fri 12/17 11:20 AM
MOTION for leave to appear in Pro Hac Vice by Timothy Granitz ( Filing fee $ 317, receipt number ACANDC-16727606.) Filing fee previously paid on 12/16/21 filed by Robert Felter.(Granitz, Timothy) |
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Att: 1
Certificate of Good Standing
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| Thursday, December 16, 2021 | ||
| 27 | 27
motion
Pro Hac Vice
Thu 12/16 2:09 PM
MOTION for leave to appear in Pro Hac Vice by Timothy Granitz ( Filing fee $ 317, receipt number ACANDC-16727606.) filed by Robert Felter.(Granitz, Timothy) |
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Att: 1
Certificate of Good Standing
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| 26 | 26
cmp
Amended Complaint
Thu 12/16 12:40 PM
AMENDED COMPLAINT against Dell Technologies, Inc.. Filed byRobert Felter. (Hochfelsen, Steven) |
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| 25 | 25
cmp
Amended Complaint
Thu 12/16 12:21 PM
AMENDED COMPLAINT against Dell Technologies, Inc.. Filed byRobert Felter. (Hochfelsen, Steven) |
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| Tuesday, October 12, 2021 | ||
| 24 | 24
1
pgs
order
Order
Tue 10/12 9:12 AM
ORDER re: 23 granting stipulation to set briefing schedule and continue case management conference. (vclc1S, COURT STAFF) |
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order
~Util - Set Deadlines/Hearings
Tue 10/12 5:15 PM
Motion to Compel due by 12/20/2021. Opposition due by 1/19/2022. Reply due by 2/9/2022. Motion Hearing set for 2/24/2022 02:00 PM via Zoom before Judge Vince Chhabria. Signed by Judge Vince Chhabria on 10/12/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) |
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| Thursday, October 07, 2021 | ||
| 23 | 23
motion
Stipulation and Proposed Order
Thu 10/07 3:44 PM
STIPULATION WITH PROPOSED ORDER re12 Order on Administrative Motion per Civil Local Rule 7-11, -- JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE --- filed by Dell Technologies, Inc..(Oakley, Carla) |
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Att: 1
Proposed Order Proposed Order
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| Thursday, September 23, 2021 | ||
| 22 | 22
order
Order on Motion for Pro Hac Vice
Thu 09/23 12:58 PM
Order by Judge Vince Chhabria granting 21 Motion for Pro Hac Vice - O'Carroll. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxsS, COURT STAFF) |
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| Wednesday, September 22, 2021 | ||
| 21 | 21
motion
Pro Hac Vice
Wed 09/22 10:25 AM
MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice - Sinead Mary O'Carroll ( Filing fee $ 317, receipt number 0971-16414398.) Filing fee previously paid on 2021-09-21 filed by Dell Technologies, Inc.. (Lane, Molly) |
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| 20 | 20
1
pgs
order
Order on Motion for Leave to Appear Order on Motion for Pro Hac Vice
Wed 09/22 9:48 AM
Order by Judge Vince Chhabria granting 18 Motion for Pro Hac Vice - Rodgers. (bxsS, COURT STAFF) |
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| Tuesday, September 21, 2021 | ||
| 19 | 19
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Tue 09/21 3:38 PM
Corporate Disclosure Statement by Dell Technologies, Inc. identifying Corporate Parent Dell Technologies Inc. for Dell Technologies, Inc.. (Lane, Molly) |
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| 18 | 18
motion
Appear Pro Hac Vice
Tue 09/21 3:34 PM
MOTION for Leave to Appear PRO HAC VICE APPLICATION OF MANASI RODGERS FOR ADMISSION TO APPEAR OF ATTORNEY PRO HAC VICE , MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16414546.) filed by Dell Technologies, Inc.. (Lane, Molly) |
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| 17 | 17
motion
Pro Hac Vice
Tue 09/21 3:26 PM
MOTION for leave to appear in Pro Hac Vice APPLICATION OF SINEAD MARY O'CARROLL FOR ADMIOSSION OF ATTORNEY PRO HAC VICE ( Filing fee $ 317, receipt number 0971-16414398.) filed by Dell Technologies, Inc.. (Lane, Molly) |
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| Tuesday, September 14, 2021 | ||
| 16 | 16
service
Waiver of Service Executed
Tue 09/14 10:26 AM
WAIVER OF SERVICE Returned Executed filed by Robert Felter. Service waived by Dell Technologies, Inc. waiver sent on 9/7/2021, answer due 11/8/2021. (Hochfelsen, Steven) |
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| Wednesday, September 01, 2021 | ||
| 15 | 15
service
Summons Issued
Wed 09/01 3:38 PM
Summons Issued as to Dell Technologies, Inc.. (gbaS, COURT STAFF) |
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| Tuesday, August 31, 2021 | ||
| 14 | 14
misc
Proposed Summons
Tue 08/31 1:21 PM
Proposed Summons. (Hochfelsen, Steven) |
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| 13 | 13
misc
Civil Cover Sheet
Tue 08/31 1:21 PM
Civil Cover Sheet by Robert Felter . (Hochfelsen, Steven) |
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| Thursday, August 26, 2021 | ||
| 12 | 12
2
pgs
order
Order on Administrative Motion per Civil Local Rule 7-11
Thu 08/26 5:15 PM
Order by Judge Vince Chhabria granting 11 Administrative Motion to Continue Initial Case Management Conference. Case Management Statement due by 10/20/2021. Initial Case Management Conference set for 10/27/2021 02:00 PM via Zoom. (vclc1S, COURT STAFF) |
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| Wednesday, August 25, 2021 | ||
| 11 | 11
motion
Administrative Motion per Civil Local Rule 7-11
Wed 08/25 6:59 PM
First ADMINISTRATIVE MOTION Continue Initial Case Management Conference and Related Dates filed by Robert Felter. Responses due by 8/30/2021.(Hochfelsen, Steven) |
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Att: 1
Declaration,
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Att: 2
Proposed Order
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| Thursday, August 05, 2021 | ||
| 10 | 10
oth_evt
Clerk's Notice ~Util - Teleconference Zoom
Thu 08/05 1:46 PM
REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 8/25/2021. Initial Case Management Conference set for 9/1/2021, 02:00 PM, by 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 [LINK:https://www.cand.uscourts.gov/vc] 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, August 26, 2021, by no later than 10:00 a.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: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) |
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| 9 | 9
1
pgs
order
Order Reassigning Case ~Util - Case Assigned/Reassigned
Thu 08/05 10:20 AM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim 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 Clerk on 8/5/21.(asS, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| Wednesday, August 04, 2021 | ||
| 8 | 8
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Wed 08/04 10:53 AM
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. (mklS, COURT STAFF) |
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| 7 | 7
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Wed 08/04 9:54 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robert Felter.. (Hochfelsen, Steven) |
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| Tuesday, July 20, 2021 | ||
| 6 | 6
oth_evt
Clerk's Notice re: Consent or Declination
Tue 07/20 3:55 PM
CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge 8/3/2021 . 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. (mklS, COURT STAFF) |
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| Thursday, June 24, 2021 | ||
| 5 | 5
oth_evt
Clerk's Notice re: Consent or Declination
Thu 06/24 11:44 AM
CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 7/8/2021 . 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. (mklS, COURT STAFF) |
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| Thursday, June 03, 2021 | ||
| 4 | 4
order
Initial Case Management Scheduling Order with ADR Deadlines
Thu 06/03 1:46 PM
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 9/6/2021. Initial Case Management Conference set for 9/13/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) |
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| 3 | 3
utility
~Util - Case Assigned by Intake
Thu 06/03 10:16 AM
Case assigned to Magistrate Judge Sallie Kim. 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 6/17/2021. (haS, COURT STAFF) |
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| Wednesday, June 02, 2021 | ||
| 2 | 2
misc
Civil Cover Sheet
Wed 06/02 4:19 PM
Civil Cover Sheet by Robert Felter . (Hochfelsen, Steven) |
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| 1 | 1
20
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cmp
Complaint
Wed 06/02 4:14 PM
COMPLAINT against Dell Technologies Inc. ( Filing fee $ 402, receipt number 0971-16035375.). Filed byRobert Felter. (Hochfelsen, Steven) |
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