Docket Entries Since Last Update
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Court Dockets
U.S. District Court
California Northern District (Oakland)
CIVIL DOCKET FOR CASE #: 4:21-cv-04077-HSG
California Northern District (Oakland)
CIVIL DOCKET FOR CASE #: 4:21-cv-04077-HSG
Rutter et al v. Apple Inc.
DOCKET INFORMATION
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Plaintiff |
William Rutter
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl Hershenson Rosenberg-Wohl, A Professional Corporation 3080 Washington St. San Francisco, CA 94115 (415) 317-7756 david@hrw-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper Ward & Cooper LLC 2100 Southbridge Parkway Suite 645 Birmingham, AL 35209 (215) 871-5404 ATTORNEY TO BE NOTICED |
Plaintiff |
Jacqueline Tabas
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Natasha Garamani
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Connie Tabas
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Tristan Young
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Kasra Eliasieh
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Robert Barker
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Plaintiff |
Cindy Rutter
Plaintiff
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Representation | |||
David Michael Rosenberg-Wohl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick C. Cooper (See above for address) ATTORNEY TO BE NOTICED |
Defendant |
Apple Inc.
Defendant
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Representation | |||
Alexandria Armida Amezcua Morrison & Foerster LLP 425 Market Street San Francisco, CA 94105 (415) 268-6557 Fax: (415) 268-7522 aamezcua@mofo.com ATTORNEY TO BE NOTICED |
Numbers shown are court assigned numbers.
Entry | Filed | Description | |
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1 | May 28, 2021 | Request | NOTICE OF REMOVAL Defendant Apple Inc.'s Notice Of Removal from Superior Court of The State of California, Santa Clara County. Their case number is 21CV380480]. (Filing fee $402 receipt number 0971-16021309). Filed byApple Inc.. (Attachments: # 1 Civil Cover Sheet)(Amezcua, Alexandria) (Filed on 5/28/2021) (Entered: 05/28/2021) |
2 | May 28, 2021 | Request | Corporate Disclosure Statement by Apple Inc. Apple Inc.'s Corporate Disclosure Statement Pursuant To Fed. R. Civ. P. 7-1 And Certification Of Interested Entities Or Persons Pursuant To Civil L.R. 3-15 (Amezcua, Alexandria) (Filed on 5/28/2021) (Entered: 05/28/2021) |
3 | May 28, 2021 | Request | STIPULATION WITH PROPOSED ORDER Stipulation And (Proposed) Order Extending Apple Inc.'s Time To Respond To Complaint filed by Apple Inc.. (Amezcua, Alexandria) (Filed on 5/28/2021) (Entered: 05/28/2021) |
4 | May 28, 2021 | Request | CERTIFICATE OF SERVICE by Apple Inc. re 1 NOTICE OF REMOVAL, CIVIL COVER SHEET, 2 CORPORATE DISCLOSURE STATEMENT PURSUANT AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS , 3 STIPULATION AND [PROPOSED] ORDER (Amezcua, Alexandria) (Filed on 5/28/2021) Modified on 5/28/2021 linking entry to associated documents (dhmS, COURT STAFF). (Entered: 05/28/2021) |
5 | May 28, 2021 | Request | Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 6/11/2021. (haS, COURT STAFF) (Filed on 5/28/2021) (Entered: 05/28/2021) |
6 | May 28, 2021 | Request | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/24/2021. Initial Case Management Conference set for 8/31/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 5/28/2021) (Entered: 05/28/2021) |
May 28, 2021 | Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: 4 Certificate of Service filed by Apple In c. (dhmS, COURT STAFF) (Filed on 5/28/2021) (Entered: 05/28/2021) | ||
7 | Jun 1, 2021 | Request | Order by Magistrate Judge Virginia K. DeMarchi granting 3 Stipulation to Extend Apple Inc.'s Time to Respond to Complaint. (vkdlc1S, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021) |
8 | Jun 4, 2021 | Request | CERTIFICATE OF SERVICE by Apple Inc. re 5 Case Assigned by Intake,,, 6 Initial Case Management Scheduling Order with ADR Deadlines, (Amezcua, Alexandria) (Filed on 6/4/2021) (Entered: 06/04/2021) |
9 | Jun 4, 2021 | Request | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young.. (Rosenberg-Wohl, David) (Filed on 6/4/2021) (Entered: 06/04/2021) |
10 | Jun 4, 2021 | Request | 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 6/4/2021) (Entered: 06/04/2021) |
11 | Jun 4, 2021 | Request | 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 http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021) |
12 | Jun 4, 2021 | Request | Case REASSIGNED to Judge Haywood S Gilliam, Jr. Magistrate Judge Virginia K. DeMarchi o longer assigned to the case. (bwS, COURT STAFF) (Filed on 6/4/2021) (bwS, COURT STAFF). (Entered: 06/04/2021) |
13 | Jun 7, 2021 | Request | CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for August 31, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by August 24th. Standing orders can be downloaded from the page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-04077-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021) |
14 | Jul 14, 2021 | Request | MOTION to Dismiss Plaintiffs' Complaint filed by Apple Inc.. Motion Hearing set for 10/7/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/28/2021. Replies due by 8/4/2021. (Attachments: # 1 Declaration Alexis Amezcua, # 2 Exhibit A - G, # 3 Request for Judicial Notice in Support of Motion to Dismiss, # 4 Proposed Order Granting Motion to Dismiss, # 5 Proposed Order Granting Request for Judicial Notice, # 6 Certificate/Proof of Service)(Amezcua, Alexandria) (Filed on 7/14/2021) (Entered: 07/14/2021) |
15 | Jul 28, 2021 | Request | STIPULATION WITH PROPOSED ORDER re 14 MOTION to Dismiss Plaintiffs' Complaint filed by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 7/28/2021) (Entered: 07/28/2021) |
16 | Jul 29, 2021 | Request | ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 15 Stipulation Amended Pleadings due by 8/4/2021; Motions due by 9/1/2021; Replies due by 9/29/2021; Responses due by 9/15/2021; Case Management Statement due by 10/12/2021; and Initial Case Management Conference set for 10/19/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 7/29/2021) Modified on 7/29/2021 to add "as modified" to the docket text. (ndrS, COURT STAFF). (Entered: 07/29/2021) |
17 | Aug 4, 2021 | Request | AMENDED COMPLAINT against Apple Inc.. Filed byCindy Rutter, Kasra Eliasieh, Connie Tabas, William Rutter, Natasha Garamani, Robert Barker, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 8/4/2021) (Entered: 08/04/2021) |
18 | Sep 1, 2021 | Request | MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Apple Inc.. Motion Hearing set for 12/16/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 9/15/2021. Replies due by 9/29/2021. (Attachments: # 1 Declaration of Alexis Amezcua, # 2 Exhibit A through G, # 3 Proposed Order)(Amezcua, Alexandria) (Filed on 9/1/2021) (Entered: 09/01/2021) |
19 | Sep 1, 2021 | Request | Request for Judicial Notice re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint filed byApple Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 18 ) (Amezcua, Alexandria) (Filed on 9/1/2021) (Entered: 09/01/2021) |
20 | Sep 1, 2021 | Request | CERTIFICATE OF SERVICE by Apple Inc. re 19 Request for Judicial Notice, 18 MOTION to Dismiss Plaintiffs' First Amended Complaint (Amezcua, Alexandria) (Filed on 9/1/2021) (Entered: 09/01/2021) |
21 | Sep 21, 2021 | Request | NOTICE of Non-Opposition to 18 MOTION to Dismiss Plaintiffs' First Amended Complaint by Apple Inc. (Amezcua, Alexandria) (Filed on 9/21/2021) Modified on 10/6/2021 (gbaS, COURT STAFF). (Entered: 09/21/2021) |
22 | Sep 22, 2021 | Request | NOTICE by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young re 19 Request for Judicial Notice, 21 Notice (Other), 20 Certificate of Service, 16 Order on Stipulation, 17 Amended Complaint, 18 MOTION to Dismiss Plaintiffs' First Amended Complaint re Forthcoming Opposition to Defendants' Motion To Dismiss (Attachments: # 1 Certificate/Proof of Service)(Rosenberg-Wohl, David) (Filed on 9/22/2021) (Entered: 09/22/2021) |
23 | Sep 27, 2021 | Request | OPPOSITION/RESPONSE (re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byRobert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 9/27/2021) (Entered: 09/27/2021) |
24 | Sep 27, 2021 | Request | MOTION late filing per FRCP 6 re 19 Request for Judicial Notice, 21 Notice (Other), 20 Certificate of Service, 22 Notice (Other),, 23 Opposition/Response to Motion, 18 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. Motion Hearing set for 1/27/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: # 1 Proposed Order Proposed Order)(Rosenberg-Wohl, David) (Filed on 9/27/2021) (Entered: 09/27/2021) |
25 | Sep 30, 2021 | Request | STIPULATION WITH PROPOSED ORDER Extending Plaintiffs' Opposition to Apple Inc.'s Motion to Dismiss Deadline, Extending Apple Inc.'s Motion to Dismiss Reply Deadline, Continuing the Case Management Conference, and Extending the Deadline to File ADR Certifications filed by Apple Inc.. (Amezcua, Alexandria) (Filed on 9/30/2021) (Entered: 09/30/2021) |
26 | Oct 1, 2021 | Request | ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation Extending Plaintiffs' Opposition to Apple Inc.'s Motion to Dismiss Deadline, Extending Apple Inc.'s Motion to Dismiss Reply Deadline, Continuing the Case Management Conference, and Extending the Deadline to File ADR Certifications. This moots docket no. 24 . (ndrS, COURT STAFF) (Filed on 10/1/2021) (Entered: 10/01/2021) |
Oct 1, 2021 | Reset Deadlines/Hearing as to 18 MOTION to Dismiss Plaintiffs' First Amended Complaint, See Docket No. 26 : Responses due by 9/27/2021; Replies due by 10/20/2021; Case Management Statement due by 11/2/2021; and Initial Case Management Conference set for 11/9/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 10/1/2021) (Entered: 10/01/2021) | ||
27 | Oct 20, 2021 | Request | REPLY (re 18 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byApple Inc.. (Attachments: # 1 Certificate/Proof of Service)(Amezcua, Alexandria) (Filed on 10/20/2021) (Entered: 10/20/2021) |
28 | Nov 2, 2021 | Request | Certificate of Interested Entities by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young (Rosenberg-Wohl, David) (Filed on 11/2/2021) (Entered: 11/02/2021) |
29 | Nov 2, 2021 | Request | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Apple Inc. (Amezcua, Alexandria) (Filed on 11/2/2021) (Entered: 11/02/2021) |
30 | Nov 2, 2021 | Request | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rosenberg-Wohl, David) (Filed on 11/2/2021) (Entered: 11/02/2021) |
31 | Nov 2, 2021 | Request | JOINT CASE MANAGEMENT STATEMENT filed by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 11/2/2021) Modified on 11/2/2021 (gba, COURT STAFF). (Entered: 11/02/2021) |
32 | Nov 3, 2021 | Request | CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for November 9, 2021, is continued to, December 16, 2021 at 2:00 p.m., to be held along with the hearing on the 18 motion to dismiss. These proceedings will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.),. (ndr, COURT STAFF) (Filed on 11/3/2021) Modified on 11/4/2021 to correct typo (ndr, COURT STAFF). (Entered: 11/03/2021) |
33 | Nov 29, 2021 | Request | **Re-filed, See Docket No. 34 ** Stipulation and Proposed Order Continuing Initial CMC and Hearing on Motion to Dismiss from 12/16/21. (Rosenberg-Wohl, David) (Filed on 11/29/2021) Modified on 11/30/2021 (gba, COURT STAFF). (Entered: 11/29/2021) |
34 | Nov 29, 2021 | Request | Stipulation and Proposed Order Continuing Initial CMC and Hearing on Motion to Dismiss from 12/16/21 filed by Robert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 11/29/2021) Modified on 11/30/2021 (gba, COURT STAFF). (Entered: 11/29/2021) |
35 | Nov 30, 2021 | Request | ORDER by Judge Haywood S. Gilliam, Jr. Granting 34 Stipulation and Proposed Order. Initial Case Management Conference set for 3/31/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndr, COURT STAFF) (Filed on 11/30/2021) (Entered: 11/30/2021) |
Nov 30, 2021 | Reset Hearing as to 18 MOTION to Dismiss Plaintiffs' First Amended Complaint, See Docket No. 35 : Motion Hearing set for 3/31/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 11/30/2021) (Entered: 11/30/2021) | ||
36 | Mar 7, 2022 | Request | CLERK'S NOTICE. Notice is hereby given that the Court takes the pending 18 motion to dismiss filings under submission. The hearing and the case management conference scheduled for March 31, 2022 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/7/2022) (Entered: 03/07/2022) |
37 | May 6, 2022 | View | ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Motion to Dismiss. Amended Pleadings due by 5/27/2022. (ndr, COURT STAFF) (Filed on 5/6/2022) (Entered: 05/06/2022) |
38 | May 27, 2022 | Request | COMPLAINT (SECOND AMENDED) against All Defendants. Filed byCindy Rutter, Kasra Eliasieh, Connie Tabas, William Rutter, Natasha Garamani, Robert Barker, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 5/27/2022) (Entered: 05/27/2022) |
39 | Jun 9, 2022 | Request | STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order Extending The Deadlines Related to Apple Inc's Forthcoming Motion to Dismiss The Second Amended Complaint filed by Apple Inc.. (Amezcua, Alexandria) (Filed on 6/9/2022) (Entered: 06/09/2022) |
40 | Jun 13, 2022 | Request | ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Stipulation Extending The Deadlines Related to Apple Inc's Forthcoming Motion to Dismiss The Second Amended Complaint. Motions due by 7/18/2022; Responses due by 8/8/2022; ands Replies due by 8/29/2022.(ndr, COURT STAFF) (Filed on 6/13/2022) (Entered: 06/13/2022) |
41 | Jul 18, 2022 | Request | MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Apple Inc.. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/1/2022. Replies due by 8/8/2022. (Attachments: # 1 Declaration of Alexis Amezcua, # 2 Request for Judicial Notice, # 3 Proposed Order Granting Apple's Motion to Dismiss, # 4 Proposed Order Granting Request for Judicial Notice) (Amezcua, Alexandria) (Filed on 7/18/2022) Modified on 7/19/2022 (gba, COURT STAFF). (Entered: 07/18/2022) |
42 | Aug 1, 2022 | Request | OPPOSITION/RESPONSE (re 41 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byRobert Barker, Kasra Eliasieh, Natasha Garamani, Cindy Rutter, William Rutter, Connie Tabas, Jacqueline Tabas, Tristan Young. (Rosenberg-Wohl, David) (Filed on 8/1/2022) (Entered: 08/01/2022) |