Case: Independent Living Resource Center San Francisco v. Uber Technologies

Judith Smith v. Uber Technologies, Inc.

California state trial court

Independent Living Resource Center San Francisco v. Uber Technologies, Inc.

Smith v. Uber Technologies, Inc.

California state trial court

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-12790469.). Filed byIndependent Living Resource Center San Francisco, Sascha Bittner, Julie Fuller, Judith Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Certification of Interested Entities and Persons)(Riess, Melissa) (Filed on 10/24/2018) (Entered: 10/24/2018)

1 Civil Cover Sheet

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2 Certification of Interested Entities and Persons

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Proposed Summons. (Riess, Melissa) (Filed on 10/24/2018) (Entered: 10/24/2018)

Case assigned to Magistrate Judge Thomas S. Hixson. 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 11/7/2018. (bwS, COURT STAFF) (Filed on 10/24/2018) (Entered: 10/24/2018)

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (hdjS, COURT STAFF) (Filed on 10/24/2018) (Entered: 10/25/2018)

Summons Issued as to Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc. (hdjS, COURT STAFF) (Filed on 10/25/2018) (Entered: 10/25/2018)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith.. (Riess, Melissa) (Filed on 11/7/2018) (Entered: 11/07/2018)

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. (rmm2S, COURT STAFF) (Filed on 11/7/2018) (Entered: 11/07/2018)

ORDER, Case reassigned to Judge Yvonne Gonzalez Rogers. Magistrate Judge Thomas S. Hixson no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 11/8/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 11/8/2018) (Entered: 11/08/2018)

1 Notice of Eligibility for Video Recording

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WAIVER OF SERVICE Returned Executed filed by Independent Living Resource Center San Francisco, Sascha Bittner, Julie Fuller, Judith Smith. Service waived by Uber Technologies, Inc. waiver sent on 10/29/2018, answer due 12/28/2018. (Riess, Melissa) (Filed on 11/29/2018) (Entered: 11/29/2018)

WAIVER OF SERVICE Returned Executed filed by Independent Living Resource Center San Francisco, Sascha Bittner, Julie Fuller, Judith Smith. Service waived by Rasier, LLC waiver sent on 10/29/2018, answer due 12/28/2018. (Riess, Melissa) (Filed on 11/29/2018) (Entered: 11/29/2018)

WAIVER OF SERVICE Returned Executed filed by Independent Living Resource Center San Francisco, Sascha Bittner, Julie Fuller, Judith Smith. Service waived by Rasier-CA, LLC waiver sent on 10/29/2018, answer due 12/28/2018. (Riess, Melissa) (Filed on 11/29/2018) (Entered: 11/29/2018)

NOTICE of Appearance by Kathy Hua Gao as to Defendants Uber Technologies, Inc.'s, Rasier, LLC's, And Rasier-CA, LLCs Notice Of Appearance (Gao, Kathy) (Filed on 12/3/2018) Modified on 12/4/2018 (cpS, COURT STAFF). (Entered: 12/03/2018)

STIPULATION extending Defendants' time to respond to the complaint filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Independent Living Resource Center San Francisco, et al. (Gao, Kathy) (Filed on 12/18/2018) Modified on 12/19/2018 (cpS, COURT STAFF). (Entered: 12/18/2018)

ORDER GRANTING 13 Stipulation, filed by Sascha Bittner, Rasier, LLC, Uber Technologies, Inc., Rasier-CA, LLC, Independent Living Resource Center San Francisco, Julie Fuller, Judith Smith. Signed by Judge Yvonne Gonzalez Rogers on 12/21/18. (fs, COURT STAFF) (Filed on 12/21/2018) (Entered: 12/21/2018)

ORDER RELATING CASES C 17-cv-2664 RS and C 18-cv-6503 YGR. Signed by Judge Richard Seeborg on 1/2/19. (cl, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12965305.) filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Attachments: # 1 Certificate of Good Standing)(Estevez, Anne-Marie) (Filed on 1/2/2019) (Entered: 01/02/2019)

1 Certificate of Good Standing

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12965341.) filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Attachments: # 1 Certificate of Good Standing)(Schuster, Stephanie) (Filed on 1/2/2019) (Entered: 01/02/2019)

1 Certificate of Good Standing

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ORDER REASSIGNING CASE. Case reassigned to Judge Richard Seeborg for all further proceedings. Judge Yvonne Gonzalez Rogers no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 1/3/2019. (Attachments: # 1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)

1 Notice of Eligibility for Video Recording

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ORDER by Judge Richard Seeborg granting 16 Motion for Pro Hac Vice as to Anne Marie Estevez. (cl, COURT STAFF) (Filed on 1/4/2019) (Entered: 01/04/2019)

ORDER by Judge Richard Seeborg granting 17 Motion for Pro Hac Vice as to Stephanie Schuster. (cl, COURT STAFF) (Filed on 1/4/2019) (Entered: 01/04/2019)

NOTICE of Change In Counsel by Sidney M. Wolinsky (Wolinsky, Sidney) (Filed on 1/7/2019) (Entered: 01/07/2019)

STIPULATION to Amend Complaint to Add Plaintiff filed by Sascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Exhibit 1)(Seaborn, Stuart) (Filed on 1/11/2019) (Entered: 01/11/2019)

1 Exhibit 1

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AMENDED COMPLAINT against All Defendants. Filed byIndependent Living Resource Center San Francisco, Sascha Bittner, Julie Fuller, Judith Smith. (Seaborn, Stuart) (Filed on 1/11/2019) (Entered: 01/11/2019)

MOTION to Compel Arbitration filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Motion Hearing set for 3/21/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 2/19/2019. Replies due by 2/26/2019. (Attachments: # 1 Declaration of Rosemary Barajas, # 2 Proposed Order)(Estevez, Anne-Marie) (Filed on 2/4/2019) (Entered: 02/04/2019)

1 Declaration of Rosemary Barajas

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2 Proposed Order

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OPPOSITION/RESPONSE (re 24 MOTION to Compel Arbitration ) filed bySascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Riess, Melissa) (Filed on 2/19/2019) (Entered: 02/19/2019)

STIPULATION WITH PROPOSED ORDER re 24 MOTION to Compel Arbitration filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Schuster, Stephanie) (Filed on 2/22/2019) (Entered: 02/22/2019)

ORDER by Judge Richard Seeborg granting 26 Stipulation. (cl, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

REPLY (re 24 MOTION to Compel Arbitration ) filed byRasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 3/5/2019) (Entered: 03/05/2019)

STIPULATION WITH PROPOSED ORDER Regarding General Order 56 filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Schuster, Stephanie) (Filed on 3/5/2019) (Entered: 03/05/2019)

ORDER by Judge Richard Seeborg granting 29 Stipulation to continue parties' deadline to meet and confer regarding settlement pursuant to general order 56. (cl, COURT STAFF) (Filed on 3/6/2019) (Entered: 03/06/2019)

CLERK'S NOTICE Continuing Motion Hearing as to 24 MOTION to Compel Arbitration. Motion Hearing previously set for 3/21/2019 has been continued to 5/9/2019 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.),(cl, COURT STAFF) (Filed on 3/15/2019) (Entered: 03/15/2019)

~Util - Set Motion and Deadlines/Hearings

Clerk's Notice Continuing Motion Hearing

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13272209.) filed by Sascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Certificate of Good Standing)(Serbin, Rebecca) (Filed on 4/18/2019) (Entered: 04/18/2019)

1 Certificate of Good Standing

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ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge Richard Seeborg granting 32 Motion for Pro Hac Vice for attorney Rebecca Catherine Serbin.(tlS, COURT STAFF) (Filed on 4/22/2019) (Entered: 04/22/2019)

CLERK'S NOTICE THE MOTION [#24 ] SCHEDULED FOR HEARING ON MAY 9, 2019 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/6/2019) (Entered: 05/06/2019)

Clerk's Notice

ORDER DENYING MOTION 24 TO COMPEL ARBITRATION WITHOUT PREJUDICE AND GRANTING LEAVE TO SEEK LIMITED DISCOVERY. Signed by Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 5/6/2019) (Entered: 05/06/2019)

MOTION for Leave to File Second Amended Complaint filed by Sascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Proposed Order)(Seaborn, Stuart) (Filed on 5/23/2019) (Entered: 05/23/2019)

1 Proposed Order

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Declaration of Stuart Seaborn in Support of 36 MOTION for Leave to File Second Amended Complaint filed bySascha Bittner, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 36 ) (Seaborn, Stuart) (Filed on 5/23/2019) (Entered: 05/23/2019)

1 Exhibit A

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2 Exhibit B

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OPPOSITION/RESPONSE (re 36 MOTION for Leave to File Second Amended Complaint ) filed byRasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Attachments: # 1 Declaration of Anne Marie Estevez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Estevez, Anne-Marie) (Filed on 6/6/2019) (Entered: 06/06/2019)

1 Declaration of Anne Marie Estevez

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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MOTION to Quash Subpoena of Non-Party Carson Turner filed by Sascha Bittner, Community Resources for Independent Living, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. Motion Hearing set for 7/18/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 6/26/2019. Replies due by 7/3/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Seaborn, Stuart) (Filed on 6/12/2019) Modified on 6/13/2019 (gbaS, COURT STAFF). (Entered: 06/12/2019)

1 Declaration

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2 Proposed Order

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Declaration of Stuart Seaborn in Support of 39 MOTION to Quash Subpoena of Non-Party Carson Turner filed bySascha Bittner, Community Resources for Independent Living, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 39 ) (Seaborn, Stuart) (Filed on 6/12/2019) (Entered: 06/12/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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REPLY (re 36 MOTION for Leave to File Second Amended Complaint ) filed bySascha Bittner, Community Resources for Independent Living, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Seaborn, Stuart) (Filed on 6/13/2019) (Entered: 06/13/2019)

Set/Reset Deadlines as to 36 MOTION for Leave to File Second Amended Complaint . Motion Hearing set for 7/18/2019 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 6/24/2019) (Entered: 06/24/2019)

ORDER. Signed by Judge Richard Seeborg on 6/24/19. (cl, COURT STAFF) (Filed on 6/24/2019) (Entered: 06/24/2019)

Set Motion and Deadlines/Hearings

Set/Reset Deadlines as to 36 MOTION for Leave to File Second Amended Complaint. Motion Hearing set for 7/18/2019 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 6/24/2019)

MOTION to Compel Discovery Responses & Opposition To Plaintiffs' Motion to Quash Subpoena filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Motion Hearing set for 6/18/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 7/9/2019. Replies due by 7/16/2019. (Attachments: # 1 Proposed Order, # 2 Declaration of Anne Marie Estevez, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Estevez, Anne-Marie) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Proposed Order

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2 Declaration of Anne Marie Estevez

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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RENEWED MOTION to Compel Arbitration filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Motion Hearing set for 7/18/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 7/8/2019. (Attachments: # 1 Declaration of Anne Marie Estevez, # 2 Exhibit A to Estevez Decl., # 3 Exhibit B to Estevez Decl., # 4 Proposed Order)(Estevez, Anne-Marie) (Filed on 7/1/2019) Modified on 7/9/2019 (gbaS, COURT STAFF). (Entered: 07/01/2019)

1 Declaration of Anne Marie Estevez

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2 Exhibit A to Estevez Decl.

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3 Exhibit B to Estevez Decl.

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4 Proposed Order

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OPPOSITION/RESPONSE (re 43 MOTION to Compel Discovery Responses & Opposition To Plaintiffs' Motion to Quash Subpoena ) and Reply in support of Motion to Quash Subpoena filed bySascha Bittner, Community Resources for Independent Living, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Attachments: # 1 Declaration of Stuart Seaborn)(Seaborn, Stuart) (Filed on 7/3/2019) (Entered: 07/03/2019)

1 Declaration of Stuart Seaborn

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OPPOSITION/RESPONSE (re 44 MOTION to Compel Arbitration ) filed bySascha Bittner, Community Resources for Independent Living, Julie Fuller, Independent Living Resource Center San Francisco, Judith Smith. (Seaborn, Stuart) (Filed on 7/8/2019) (Entered: 07/08/2019)

Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 7/18/2019 re 36 MOTION for Leave to File Second Amended Complaint filed by Sascha Bittner, Independent Living Resource Center San Francisco, Julie Fuller, Judith Smith, 39 MOTION to Quash Subpoena of Non-Party Carson Turner filed by Sascha Bittner, Community Resources for Independent Living, Independent Living Resource Center San Francisco, Julie Fuller, Judith Smith, 44 MOTION to Compel Arbitration filed by Rasier, LLC, Uber Technologies, Inc., Rasier-CA, LLC. Motions taken under submission; Court to issue an order.Total Time in Court: 15 minutes. Court Reporter: Kathy Sullivan. Plaintiff Attorney: Stuart Seaborn.Defendant Attorney: Stephanie Schuster. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 7/18/2019) (Entered: 07/18/2019)

Motion Hearing

ORDER GRANTING MOTION TO COMPEL ARBITRATION, DENYING MOTION FOR LEAVE TO AMEND, AND DENYING DISCOVERY MOTIONS by Judge Richard Seeborg denying as moot 36 Motion for Leave to File; denying as moot 39 Motion to Quash; denying as moot 43 Motion to Compel; granting 44 Motion to Compel. (tlS, COURT STAFF) (Filed on 7/30/2019) (Entered: 07/30/2019)

*** FILED IN ERROR in this case only. PLEASE IGNORE. *** ORDER by Judge Richard Seeborg GRANTING (178) STIPULATION REQUEST FOR AN EXTENSION OF REPLY BRIEF DEADLINES, AND STIPULATION CONTINUING HEARING DATE FOR PLAINTIFFS MOTION TO STRIKE TESTIMONY OF NIRAJ PATEL in case 3:17-cv-02664-RS and (145) in case 3:17-cv-06124-RS. (clS, COURT STAFF) (Filed on 6/7/2021) Modified on 6/7/2021 (clS, COURT STAFF). (Entered: 06/07/2021)

*** FILED IN ERROR in this case only. PLEASE IGNORE *** CLERK'S NOTICE Continuing Motion Hearing as to (139 in 3:17-cv-06124-RS) MOTION to Strike Testimony of Niraj Patel, (170 in 3:17-cv-02664-RS) MOTION to Strike Testimony of Niraj Patel. Motion Hearing previously set for 7/8/2021 is continued to 7/15/2021 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 6/7/2021) Modified on 6/7/2021 (clS, COURT STAFF). Modified on 6/7/2021 (clS, COURT STAFF). Modified on 6/7/2021 (clS, COURT STAFF). (Entered: 06/07/2021)

Terminate Motion Hearing for 7/15/2021 in this case only. (clS, COURT STAFF) (Filed on 6/7/2021)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Continuing Motion Hearing

Set/Reset Hearings

ORDER DIRECTING CLOSURE OF CASE (rslc1, COURT STAFF) (Filed on 1/24/2023) (Entered: 01/24/2023)