Case: Fiss v. California College of the Arts

COMPLAINT against California College of the Arts, (Filing Fee: $405.00, receipt number ACANDC-19494481). Filed by Karen Fiss. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Javitch, Mark) (Filed on 6/6/2024) Modified on 6/7/2024 (tn, COURT STAFF). (Entered: 06/06/2024)

1 Civil Cover Sheet

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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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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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Proposed Summons. (Javitch, Mark) (Filed on 6/6/2024) (Entered: 06/06/2024)

Certification of Conflicts and Interested Entities and Parties filed by Karen Fiss (None) (Javitch, Mark) (Filed on 6/6/2024) (Entered: 06/06/2024)

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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/20/2024. (sec, COURT STAFF) (Filed on 6/6/2024) (Entered: 06/06/2024)

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Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Joint Case Management Statement due by 9/2/2024. Initial Case Management Conference set for 9/9/2024 at 1:30 PM in San Francisco - Videoconference Only. (tn, COURT STAFF) (Filed on 6/7/2024) (Entered: 06/07/2024)

Summons Issued as to California College of the Arts. (tn, COURT STAFF) (Filed on 6/7/2024) (Entered: 06/07/2024)

SUMMONS Returned Executed by Karen Fiss. California College of the Arts served on 6/12/2024, answer due 7/3/2024. (Javitch, Mark) (Filed on 6/14/2024) (Entered: 06/14/2024)

***ERRONEOUSLY E-FILED, DISREGARD - SEE DOC 9 *** MOTION for Extension of Time to File Answer re 1 Complaint,, filed by California College of the Arts. (Shafer, Jessica) (Filed on 7/3/2024) Modified on 7/5/2024 (sec, COURT STAFF). (Entered: 07/03/2024)

STIPULATION re 1 Complaint,, to Extend Time to Respond to Complaint [L.R. 6-1(a)] filed by California College of the Arts. (Shafer, Jessica) (Filed on 7/3/2024) (Entered: 07/03/2024)

CLERK'S NOTICE REGARDING CONSENT OR DECLINATION: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge by 7/19/2024. 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.) (bxl, COURT STAFF) (Filed on 7/5/2024) (Entered: 07/05/2024)

Clerk's Notice re: Consent or Declination

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Karen Fiss.. (Javitch, Mark) (Filed on 7/19/2024) (Entered: 07/19/2024)

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. (jlg, COURT STAFF) (Filed on 7/19/2024) (Entered: 07/19/2024)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California College of the Arts.. (Bramwell, Julianna) (Filed on 7/19/2024) (Entered: 07/19/2024)

Clerk's Notice of Impending Reassignment - Text Only

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by Clerk on 07/22/2024. (mbc, COURT STAFF) (Filed on 7/22/2024) (Entered: 07/22/2024)

CLERK'S NOTICE SETTING A CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference via a Zoom webinar has been set for September 10, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 3rd. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:24-cv-03415-HSG. All attorneys and pro se litigants appearing for the case management conference are required to join at least 15 minutes before the hearing to check-in with the CRD. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/hsg 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/22/2024) (Entered: 07/22/2024)

Clerk's Notice AND ~Util - Teleconference Zoom

***Re-Filed as Docket No. 18 .***MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19648498.) filed by Karen Fiss. (Marcus, Jerome) (Filed on 7/23/2024) Modified on 7/23/2024 (ndr, COURT STAFF). (Entered: 07/23/2024)

CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 16 . The information on the application must match the docket. Your name, address, and e-mail address on the application don't match the docket. Your local co-counsel's name on the application doesn't match the docket. Update the information on the docket and then e-file a revised application along with a true and correct copy of a certificate of good standing or other official document pursuant to L.R. 11-3(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/23/2024) (Entered: 07/23/2024)

**Re-Filed as Docket No. 26 .**MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19648498.) Filing fee previously paid on 07/23/2024 filed by Karen Fiss. (Marcus, Jerome) (Filed on 7/23/2024) Modified on 8/19/2024 (ndr, COURT STAFF). (Entered: 07/23/2024)

Clerk's Notice

Terminate Motions

*** 16 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19648498.) TERMINATED, Re-Filed as Docket No. 18 .*** (ndr, COURT STAFF) (Filed on 7/23/2024)

MOTION to Dismiss filed by California College of the Arts. Motion to Dismiss Hearing set for 10/3/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 8/22/2024. Replies due by 8/29/2024. (Attachments: # 1 Proposed Order)(Shafer, Jessica) (Filed on 8/8/2024) (Entered: 08/08/2024)

CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for September 10, 2024, is continued in-person to October 3, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., to be held along with the hearing on the 19 motion to dismiss, in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 8/9/2024) (Entered: 08/09/2024)

Clerk's Notice

STIPULATION WITH PROPOSED ORDER to move hearing date and initial case management conference and extend briefing schedule on Defendant's motion to dismiss filed by Karen Fiss. (Attachments: # 1 Declaration of Mark L. Javitch)(Javitch, Mark) (Filed on 8/15/2024) (Entered: 08/15/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19730377.) Filing fee previously paid on 08/15/2024 filed by Karen Fiss. (Attachments: # 1 Certificate of Good Standing)(Marcus, Lori) (Filed on 8/15/2024) (Entered: 08/15/2024)

ORDER GRANTING 21 STIPULATION to move hearing date and initial case management conference and extend briefing schedule on Defendant's 19 motion to dismiss. Reset Deadlines/Hearings as to 19 MOTION to Dismiss: Responses due by 9/5/2024; Replies due by 9/26/2024; Motion Hearing / Initial Case Management Conference set for 10/31/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. Signed by Judge Haywood S. Gilliam, Jr. on 8/15/2024. (ndr, COURT STAFF) (Filed on 8/15/2024) (Entered: 08/15/2024)

CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 22 . All future filings should reflect the case number as 4:24-cv-03415-HSG as previously advised via docket no. 15 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 8/15/2024) (Entered: 08/15/2024)

ORDER by Judge Haywood S. Gilliam, Jr. GRANTNG 22 Motion for Pro Hac Vice for Lori Lowenthal Marcus. (ndr, COURT STAFF) (Filed on 8/15/2024) (Entered: 08/15/2024)

Clerk's Notice

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19648498.) Filing fee previously paid on 07/23/2024 filed by Karen Fiss. (Attachments: # 1 Certificate of Good Standing)(Marcus, Jerome) (Filed on 8/19/2024) (Entered: 08/19/2024)

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 26 Motion for Pro Hac Vice for Jerome M. Marcus.**Docket No. 18 TERMINATED, Re-Filed as Docket No. 26 .** (ndr, COURT STAFF) (Filed on 8/19/2024) (Entered: 08/19/2024)

Corporate Disclosure Statement by California College of the Arts (Sevilla, Angelito) (Filed on 8/27/2024) (Entered: 08/27/2024)

Certificate of Interested Entities by California College of the Arts (Sevilla, Angelito) (Filed on 8/27/2024) (Entered: 08/27/2024)

AMENDED COMPLAINT (FIRST) against California College of the Arts. Filed by Karen Fiss. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Javitch, Mark) (Filed on 9/5/2024) (Entered: 09/05/2024)

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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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Defendant TO SHOW CAUSE why Dkt. No. 19 the motion to dismiss should not be terminated as moot in light of Dkt. No. 30 Plaintiff's amended complaint. Defendant shall file a statement of two pages or less by September 12, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 9/5/2024) (Entered: 09/05/2024)

Order

Set Deadline, See Docket No. 31 : Show Cause Response due by 9/12/2024. (ndr, COURT STAFF) (Filed on 9/6/2024)

Response to Order to Show Cause 31 Order, by California College of the Arts. (Shafer, Jessica) (Filed on 9/12/2024) (Entered: 09/12/2024)

ORDER by Hon. Haywood S. Gilliam, Jr. TERMINATING AS MOOT Dkt. No. 19 the pending motion to dismiss. In light of Dkt. No. 32 Defendant's response to the order to show cause, the Court further DISCHARGES Dkt. No. 31 the order to show cause. Defendant shall file its response to the amended complaint by October 15, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 9/13/2024) (Entered: 09/13/2024)

Order on Motion to Dismiss

CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for October 31, 2024 is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/18/2024) (Entered: 09/18/2024)

Clerk's Notice

MOTION to Dismiss First Amended Complaint filed by California College of the Arts. Motion to Dismiss Hearing set for 12/5/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 10/29/2024. Replies due by 11/5/2024. (Attachments: # 1 Proposed Order)(Shafer, Jessica) (Filed on 10/15/2024) (Entered: 10/15/2024)

1 Proposed Order

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STIPULATION WITH PROPOSED ORDER re 35 MOTION to Dismiss First Amended Complaint to extend opposition deadline to November 5, 2024 and reply deadline to November 19, 2024 filed by Karen Fiss. (Attachments: # 1 Declaration of Mark L. Javitch)(Javitch, Mark) (Filed on 10/18/2024) (Entered: 10/18/2024)

JOINT STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTION TO DISMISS (DKT. 35); ORDER. Signed by Judge Haywood S. Gilliam, Jr. granting 36 STIPULATION WITH PROPOSED ORDER. Response due by 11/5/2024. Reply due by 11/19/2024. (kkp, COURT STAFF) (Filed on 10/21/2024) (Entered: 10/21/2024)

OPPOSITION/RESPONSE (re 35 MOTION to Dismiss First Amended Complaint ) filed byKaren Fiss. (Attachments: # 1 Declaration of Jerome M. Marcus, # 2 Exhibit A)(Javitch, Mark) (Filed on 11/5/2024) (Entered: 11/05/2024)

1 Declaration of Jerome M. Marcus

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2 Exhibit A

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NOTICE of Appearance filed by Marc Arthur Greendorfer on behalf of Marc Greendorfer Zachor Legal Institute (Greendorfer, Marc) (Filed on 11/11/2024) (Entered: 11/11/2024)

MOTION to File Amicus Curiae Brief Zachor Legal Institute filed by Marc Greendorfer. Responses due by 11/25/2024. Replies due by 12/2/2024. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order Proposed Order)(Greendorfer, Marc) (Filed on 11/11/2024) (Entered: 11/11/2024)

1 Exhibit Amicus Brief

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2 Proposed Order Proposed Order

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Notice of Appearance/Substitution/Change/Withdrawal of Attorney

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. GRANTING 40 Motion to File Amicus Curiae Brief. (ndr, COURT STAFF) (Filed on 11/12/2024) (Entered: 11/12/2024)

Amended MOTION to File Amicus Curiae Brief Zachor Legal Institute filed by Marc Greendorfer. Responses due by 11/26/2024. Replies due by 12/3/2024. (Greendorfer, Marc) (Filed on 11/12/2024) (Entered: 11/12/2024)

Terminate Motions

*** 42 Amended MOTION to File Amicus Curiae Brief TERMINATED. See Docket No. 41 . Counsel was directed to " e-file Movants amicus curiae brief attached as Exhibit A to the Motion forthwith not e-file a revised motion.*** (ndr, COURT STAFF) (Filed on 11/12/2024)

Brief Amicus-Zachor Legal Institute filed byMarc Greendorfer. (Greendorfer, Marc) (Filed on 11/13/2024) (Entered: 11/13/2024)

REPLY (re 35 MOTION to Dismiss First Amended Complaint ) filed byCalifornia College of the Arts. (Shafer, Jessica) (Filed on 11/19/2024) (Entered: 11/19/2024)

MOTION to Strike 38 Opposition/Response to Motion to Dismiss Plaintiff's First Amended Complaint filed by California College of the Arts. Motion Hearing set for 1/9/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/3/2024. Replies due by 12/10/2024. (Shafer, Jessica) (Filed on 11/19/2024) (Entered: 11/19/2024)

STIPULATION WITH PROPOSED ORDER re 35 MOTION to Dismiss First Amended Complaint filed by California College of the Arts. (Bramwell, Julianna) (Filed on 11/27/2024) (Entered: 11/27/2024)

ORDER GRANTING 46 STIPULATION Re 35 MOTION to Dismiss First Amended Complaint.Reset Deadlines as to 45 MOTION to Strike : Responses due by 12/12/2024 Replies due by 12/30/2024 Signed by Judge Haywood S. Gilliam, Jr. on 12/2/2024. (ndr, COURT STAFF) (Filed on 12/2/2024) (Entered: 12/02/2024)

Set Motion and Deadlines/Hearings

Reset Hearing as to 35 MOTION to Dismiss First Amended Complaint, See Docket No. 47 : Motion Hearing set for 1/9/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 12/2/2024)

OPPOSITION/RESPONSE (re 45 MOTION to Strike 38 Opposition/Response to Motion to Dismiss Plaintiff's First Amended Complaint ) filed byKaren Fiss. (Attachments: # 1 Declaration of Jonathan Wornick, # 2 Exhibit 1 attached to Wornick Declaration, # 3 Exhibit 2 attached to Wornick Declaration, # 4 Exhibit 3 attached to Wornick Declaration, # 5 Declaration of Dr. Asaf Romirowsky, Ph.D.)(Javitch, Mark) (Filed on 12/12/2024) (Entered: 12/12/2024)

REPLY (re 45 MOTION to Strike 38 Opposition/Response to Motion to Dismiss Plaintiff's First Amended Complaint ) filed byCalifornia College of the Arts. (Shafer, Jessica) (Filed on 12/30/2024) (Entered: 12/30/2024)

OBJECTIONS to re 48 Opposition/Response to Motion, - Defendant's Objections to Evidence Submitted in Support of Defendant's Motion to Strike Prejudicial Statements in Plaintiff's Opposition to Defendant's Motion to Dismiss by California College of the Arts. (Shafer, Jessica) (Filed on 12/30/2024) (Entered: 12/30/2024)

Response re 43 Brief of Amicus Curiae Zachor Legal Institute in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss by California College of the Arts. (Shafer, Jessica) (Filed on 12/30/2024) (Entered: 12/30/2024)

Clerk's Notice

ORDER GRANTING IN PART AND DENYING IN PART 35 MOTION TO DISMISS AND DENYING 45 MOTION TO STRIKE signed by Judge Haywood S. Gilliam, Jr. on 1/14/2025. Amended Pleadings due by 2/4/2025. Case Management Statement due by 2/25/2025. Initial Case Management Conference set for 3/4/2025 02:00 PM 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/hsg 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 s creenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.**The Court therefore STRIKES Dkt. No. 50 from the docket.** (ndr, COURT STAFF) (Filed on 1/14/2025)

Amended Complaint

ADR Clerks Notice re: Non-Compliance after 5/1/2018

Dismiss

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

Stipulation and Proposed Order

1 Declaration of Mark L. Javitch

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ORDER GRANTING 59 STIPULATION Re Docket No. 56 extending Opposition due date to March 18, 2025. Signed by Judge Haywood S. Gilliam, Jr. on 2/25/2025. Reset Motion Deadlines/Hearing as to Docket No. 56 : Responses due by 3/18/2025 Replies due by 4/1/2025 Motion Hearing set for 5/1/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam, Jr. (ndr, COURT STAFF) (Filed on 2/25/2025)

Joint Case Management Statement

Clerk's Notice

Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

Stipulation and Proposed Order

Stipulation and Proposed Order

Order on Stipulation

Order on Stipulation

Opposition/Response to Motion

Reply to Opposition/Response

Order on Motion to Dismiss

Answer to Amended Complaint

Stipulation and Proposed Order

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. GRANTING 72 Stipulation to Continue The Close of Factual Discovery. Close of Fact Discovery due by 12/10/2025. (ndr, COURT STAFF) (Filed on 9/3/2025)

Order

Set/Reset Deadlines

Notice (Other)

CONDITIONAL ORDER OF DISMISSAL RE DOCKET NO. 75 . Signed by Judge Haywood S. Gilliam, Jr. on 10/6/2025. (ndr, COURT STAFF) (Filed on 10/6/2025)