Case: Smith v. Kaufman

COMPLAINT against David C Kaufman with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8667458) filed by Estate of Jeffrey Smith. (Attachments: # 1 Exhibit Ex A, # 2 Summons, # 3 Civil Cover Sheet)(Weber, David) (Entered: 08/13/2021)

1 Exhibit Ex A

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2 Summons

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3 Civil Cover Sheet

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AMENDED COMPLAINT First against All Defendants with Jury Demand filed by Estate of Jeffrey Smith. (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Summons Taranto Summons)(Weber, David) (Entered: 08/14/2021)

1 Exhibit Ex A

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2 Exhibit Ex. B

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3 Exhibit Ex. C

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4 Summons Taranto Summons

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SUMMONS (2) Issued Electronically as to DAVID KAUFMAN, TAYLOR F. TARANTO. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/16/2021)

1 Notice and Consent

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID KAUFMAN served on 8/16/2021, answer due 9/6/2021 (Attachments: # 1 Exhibit Ex A)(Weber, David) (Entered: 08/16/2021)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TAYLOR F. TARANTO served on 8/16/2021, answer due 9/6/2021 (Weber, David) (Entered: 08/16/2021)

Case Assigned to Judge Amit P. Mehta. (zsb)

Case Assigned/Reassigned

ENTERED IN ERROR.....CERTIFICATE OF SERVICE by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith) Subpoena - Certification and Certificate of Service. (Attachments: # 1 Certificate of Service Cert of Service and Certification)(Weber, David) Modified on 8/23/2021 (zjf). (Entered: 08/20/2021)

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 6 Certificate of Service, was entered in error and counsel was instructed not to refile said pleading. (Pursuant to LCvR 5.2(a), no discovery materials to be filed without order of the Court) (zjf)

Notice of Error

Notice of Corrected Docket Entry

ANSWER to 2 Amended Complaint by DAVID KAUFMAN.(Shore, Anthony) Modified on 9/7/2021 (znmw). (Entered: 08/27/2021)

ORDER setting an Initial Scheduling Conference between Plaintiffs and Defendant David Kaufman for October 5, 2021, at 9:15 a.m. via videoconference before Judge Amit P. Mehta. Judge Mehta's courtroom deputy will coordinate videoconferencing access for the parties. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 8/30/2021. (lcapm1) (Entered: 08/30/2021)

MOTION for Extension of Time to File Answer re 1 Complaint, 2 Amended Complaint by TAYLOR F. TARANTO. (zjf) (Entered: 09/06/2021)

Order on Motion for Extension of Time to Answer

MINUTE ORDER granting Defendant Taylor F. Taranto's 9 Motion for Extension of Time to Answer. Defendant Taylor F. Taranto shall answer or otherwise respond to Plaintiff's Amended Complaint on or before October 7, 2021. Signed by Judge Amit P. Mehta on 9/7/2021. (lcapm1)

MOTION to Continue Pretrial Conference by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith). (Attachments: # 1 Text of Proposed Order)(Weber, David) (Entered: 09/21/2021)

1 Text of Proposed Order

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Order on Motion to Continue

MINUTE ORDER granting Plaintiffs' 10 Consent Motion to Postpone the Initial Scheduling Conference. The Initial Scheduling Conference set for October 5, 2021, is hereby vacated and reset to November 19, 2021, at 10:30 a.m. Signed by Judge Amit P. Mehta on 9/21/2021. (lcapm1)

Case Assigned/Reassigned

Case directly reassigned to Judge Florence Y. Pan. Judge Amit P. Mehta is no longer assigned to the case. (rj)

ANSWER to 2 Amended Complaint by TAYLOR F. TARANTO.(zjf) (Entered: 10/07/2021)

Set/Reset Hearings

Set/Reset Hearings: Initial Scheduling Conference set for 11/19/2021 at 10:30 AM via teleconference before Judge Florence Y. Pan. (zacr)

MINUTE ORDER vacating the Initial Scheduling Conference set for November 19, 2021, because the parties have not submitted their joint report, as required by Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. The Initial Scheduling Conference is reset for December 9, 2021, at 2:30 p.m. via videoconference. See the attached Order for additional details. Signed by Judge Florence Y. Pan on 11/16/2021. (lcsw) (Entered: 11/16/2021)

Set/Reset Hearings: Initial Scheduling Conference set for 12/9/2021 at 2:30 PM via Zoom before Judge Florence Y. Pan. (zacr)

Set/Reset Hearings

Set/Reset Hearings

MOTION to Dismiss by TAYLOR F. TARANTO. (zjf) (Entered: 12/02/2021)

MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit Ex A)(Weber, David) (Entered: 12/02/2021)

1

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Order on Motion to Dismiss

MINUTE ORDER denying 13 Motion to Dismiss as untimely filed. Defendant Taranto filed his Motion to Dismiss after he filed his 11 Answer on October 7, 2021. Under Federal Rule of Civil Procedure 12(b), "[a] motion asserting any... defenses [under Rule 12] must be made before pleading if a responsive pleading is allowed." See also Mulhall v. District of Columbia, 747 F. Supp. 15, 18 (D.D.C. 1990) ("Since defendants answered plaintiff's complaint prior to filing their motion to dismiss the complaint for failure to state a claim upon which relief can be granted, under Fed. R. Civ. P. 12(b)(6), this motion is untimely."). Signed by Judge Florence Y. Pan on 12/6/2021. (lcsw)

MOTION to Amend/Correct 11 Answer to Amended Complaint by TAYLOR F. TARANTO. (Attachments: # 1 Exhibit Amended Answer)(zjf) (Entered: 12/09/2021)

1 Exhibit Amended Answer

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Minute Entry for proceedings held before Judge Florence Y. Pan: Initial Scheduling Conference held via video on 12/9/2021. Plaintiff's Response to 15 due by 1/18/2022. Defendant Taranto's Reply due by 1/25/2022. Defendant's Motion to Proceed In Forma Pauperis and any motion for the Court to appoint counsel due by 12/23/2021. Scheduling Conference reset for 2/17/2022 at 2:00 PM via videoconference before Judge Florence Y. Pan. (Court Reporter Bryan Wayne.) (zacr) Modified on 12/10/2021 to include 12/23/2021 deadline information (zacr).

Set/Reset Deadlines

Set/Reset Deadlines: Defendant's Motion to Proceed In Forma Pauperis and any motion for the Court to appoint counsel due by 12/23/2021. (zacr)

Scheduling Conference

~Util - Set/Reset Deadlines/Hearings AND Scheduling Conference

Set/Reset Deadlines

Memorandum in opposition to re 15 MOTION to Amend/Correct 11 Answer to Amended Complaint filed by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith). (Weber, David) (Entered: 01/09/2022)

REPLY to opposition re 15 MOTION to Amend/Correct 11 Answer to Amended Complaint filed by TAYLOR F. TARANTO. (zjf) (Entered: 01/21/2022)

ORDER granting 15 Motion to Amend/Correct Answer, and denying Defendant's request to add counterclaims. Signed by Judge Florence Y. Pan on 1/24/2022. (lcsw) (Entered: 01/24/2022)

ANSWER to 2 Amended Complaint by TAYLOR F. TARANTO. (Counterclaims stricken pursuant to 18 Order of the Court)(zjf) (Entered: 01/27/2022)

Scheduling Conference

Minute Entry for proceedings held before Judge Florence Y. Pan: Scheduling Conference held via telephone conference on 2/17/2022. Plaintiff's request for certain discovery to be "for attorneys' eyes only" denied. Defendant Taranto ordered to keep telephone number updated for the other parties and the Court, and ordered to ensure preservation of all evidence. Scheduling Order forthcoming from chambers. (Court Reporter Bryan Wayne.) (zacr)

SCHEDULING ORDER setting discovery schedule. See full Order for details. Signed by Judge Florence Y. Pan on 2/18/2022. (lcsw) (Entered: 02/18/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Motion to Add Parties or Amended Pleadings due by 5/10/2022. Plaintiff Rule 26(a)(2) Statements due by 7/11/2022. Defendant Rule 26(a)(2) Statements due by 8/11/2022. Plaintiffs Rebuttal to Defendants Disclosures due by 9/12/2022. Discovery due by 11/10/2022. (zacr)

ORDER. Following the close of discovery, the parties are directed to file a request for a pretrial conference or a pre-motion conference by December 1, 2022. Any request for a pre-motion conference should comply with the procedures set forth in the attached Standing Order, which will henceforth apply to these proceedings. Signed by Judge Florence Y. Pan on 3/18/2022. (lcrl) (Entered: 03/18/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Request for a pretrial conference or a pre-motion conference due by 12/1/2022. (zacr)

MOTION to Amend/Correct Complaint by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith). (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support, # 3 Exhibit Ex 1 - Proposed Second Amended Complaint - clean, # 4 Exhibit Ex 2 - Proposed Second Amended Complaint - redline, # 5 Exhibit Ex A to Second Amended Complaint, # 6 Exhibit Ex B to Second Amended Complaint, # 7 Exhibit Ex C to Second Amended Complaint, # 8 Exhibit Ex D to Second Amended Complaint, # 9 Exhibit Ex E Redacted to Second Amended Complaint)(Weber, David) (Entered: 05/09/2022)

1 Text of Proposed Order Proposed Order

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2 Memorandum in Support

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3 Exhibit Ex 1 - Proposed Second Amended Complaint - clean

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4 Exhibit Ex 2 - Proposed Second Amended Complaint - redline

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5 Exhibit Ex A to Second Amended Complaint

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6 Exhibit Ex B to Second Amended Complaint

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7 Exhibit Ex C to Second Amended Complaint

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8 Exhibit Ex D to Second Amended Complaint

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9 Exhibit Ex E Redacted to Second Amended Complaint

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Amended MOTION to Amend/Correct Complaint by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith). (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Ex 1 - Second Amended Complaint - Redline, # 3 Exhibit Ex 2- Second Amended Complaint - Clean, # 4 Memorandum in Support, # 5 Exhibit Ex A to Second Amended Complaint, # 6 Exhibit Ex B to Second Amended Complaint, # 7 Exhibit Ex C to Second Amended Complaint, # 8 Exhibit Ex D to Second Amended Complaint, # 9 Exhibit Ex E Redacted to Second Amended Complaint)(Weber, David) (Entered: 05/10/2022)

1 Text of Proposed Order Proposed Order

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2 Exhibit Ex 1 - Second Amended Complaint - Redline

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3 Exhibit Ex 2- Second Amended Complaint - Clean

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4 Memorandum in Support

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5 Exhibit Ex A to Second Amended Complaint

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6 Exhibit Ex B to Second Amended Complaint

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7 Exhibit Ex C to Second Amended Complaint

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8 Exhibit Ex D to Second Amended Complaint

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9 Exhibit Ex E Redacted to Second Amended Complaint

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ERRATA to file corrected Redline and Clean Proposed Second Amended Complaint by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith) re 23 Amended MOTION to Amend/Correct Complaint filed by ERIN SMITH. (Attachments: # 1 Exhibit Ex 1 - Corrected Redlined Proposed Second Amended Complaint, # 2 Exhibit Ex 2 - Corrected Clean Proposed Second Amended Complaint)(Weber, David) (Entered: 05/10/2022)

1 Exhibit Ex 1 - Corrected Redlined Proposed Second Amended Complaint

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2 Exhibit Ex 2 - Corrected Clean Proposed Second Amended Complaint

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MINUTE ORDER denying 22 Motion to Amend Complaint without prejudice, for failure to confer with opposing parties to ascertain whether they oppose the motion. Plaintiff represents that her counsel "conferred via email with Defendants and it appears they oppose this Motion, as they have not responded either affirmatively or negatively to the Motion, as of the time of filing." This statement is insufficiently detailed, and therefore does not support a finding of a good faith effort to meet and confer, as required by Local Rule 7(m) and this Court's Standing Order. Signed by Judge Florence Y. Pan on 5/10/2022. (lcrl)

Order on Motion to Amend/Correct

SECOND AMENDED COMPLAINT against DAVID KAUFMAN, TAYLOR F. TARANTO with Jury Demand filed by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith), ERIN SMITH. (See Docket Entry 23 to view exhibits)(zjf) (Entered: 06/08/2022)

MINUTE ORDER granting 23 Amended Motion to Amend/Correct Complaint. Plaintiffs filed their Motion on May 10, 2022. Defendants have not filed an opposition, and the time to do so has passed. Accordingly, the Court treats the Motion as conceded. See LCvR 7(b) (stating that if an opposition is not filed within 14 days, "the Court may treat the motion as conceded"). Plaintiffs' Second Amended Complaint is accepted for filing. Defendants' response to the Second Amended Complaint is due on June 14, 2022. Signed by Judge Florence Y. Pan on 5/31/2022. (lcrl)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' response to the Second Amended Complaint due by 6/14/2022. (zacr)

Order on Motion to Amend/Correct

ANSWER to 25 Amended Complaint by DAVID KAUFMAN.(Shore, Anthony) Modified docket text on 6/17/2022 (znmw). (Entered: 06/15/2022)

MINUTE ORDER. Plaintiff filed her 25 Second Amended Complaint on May 31, 2022, and Defendant Taranto's response was due on June 14, 2022. See Fed R. Civ. P. 15(a)(3). Defendant Taranto has not yet responded and his deadline has passed. Defendant Taranto is ordered to respond to the Second Amended Complaint by June 28, 2022. Failure to comply will result in the entry of default. See Fed. R. Civ. P. 55(a) ("When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."). Signed by Judge Florence Y. Pan on 6/21/22. (lcaa)

Order

.Order

Set/Reset Deadlines

Set/Reset Deadlines: Defendant Taranto's Response/Answer to Second Amended Complaint due by 6/28/2022. (zacr)

TRANSCRIPT OF 12/9/21 INITIAL SCHEDULING CONFERENCE before Judge Florence Y. Pan held on December 9, 2021; Page Numbers: 1-20. Date of Issuance: 6/27/2022. Court Reporter: Bryan A. Wayne, (202) 354-3186. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/18/2022. Redacted Transcript Deadline set for 7/28/2022. Release of Transcript Restriction set for 9/25/2022.(Wayne, Bryan) (Entered: 06/27/2022)

TRANSCRIPT OF 2/17/22 SCHEDULING CONFERENCE before Judge Florence Y. Pan held on February 17, 2022. Page Numbers: 1-13. Date of Issuance: 6/27/2022. Court Reporter: Bryan A. Wayne, (202) 354-3186. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/18/2022. Redacted Transcript Deadline set for 7/28/2022. Release of Transcript Restriction set for 9/25/2022.(Wayne, Bryan) (Entered: 06/27/2022)

ANSWER to 25 SECOND AMENDED COMPLAINT by TAYLOR F. TARANTO.(zjf) (Entered: 07/01/2022)

NOTICE of Discovery by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith) (Attachments: # 1 Exhibit Rule 26a2 Statement)(Weber, David) (Entered: 07/08/2022)

1 Exhibit Rule 26a2 Statement

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SCHEDULING ORDER setting Initial Scheduling Conference for August 25th, 2022, at 2:30 p.m. via videoconference before Judge Florence Y. Pan. See the attached Order for additional details. Signed by Judge Florence Y. Pan on 7/11/22. (lcaa) (Entered: 07/11/2022)

ENTERED IN ERROR.....NOTICE /Certificate of Discovery by ERIN SMITH(Personal Representative of the Estate of Jeffrey Smith) (Attachments: # 1 Exhibit Ex A - Rule 26 Initial Disclosures)(Weber, David) Modified on 7/11/2022 (zjf). (Entered: 07/11/2022)

1 Exhibit Ex A - Rule 26 Initial Disclosures

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NOTICE OF ERROR re 32 Notice (Other); emailed to david.weber@goodwinweberlaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. Do not file Discovery or Certificates of Discovery (LcvR 5.2) (zjf, )

Set/Reset Hearings

Notice of QC

Set/Reset Hearings: Initial Scheduling Conference set for 8/25/2022 at 2:30 PM via Zoom, before Judge Florence Y. Pan. (smc)

Set/Reset Hearings

NOTICE of Appearance by Hughie Duvall Hunt, II on behalf of DAVID KAUFMAN (Hunt, Hughie) (Entered: 08/11/2022)

NOTICE OF WITHDRAWAL OF APPEARANCE as to DAVID KAUFMAN. (Shore, Anthony) (Entered: 08/11/2022)

CERTIFICATE OF SERVICE by DAVID KAUFMAN re 34 Notice of Withdrawal of Appearance . (Shore, Anthony) (Entered: 08/11/2022)

MOTION to Clarify by DAVID KAUFMAN. (Shore, Anthony) (Entered: 08/11/2022)

MEET AND CONFER STATEMENT. (Weber, David) (Entered: 08/12/2022)

MINUTE ORDER. Upon consideration of Defendant Kaufman's 36 Motion to Clarify, the Court realizes that it erred in setting a scheduling conference in this case. Accordingly, the scheduling conference set for August 25, 2022, is vacated, and the scheduling order of February 20, 2022, remains in effect. The parties may meet, confer, and file an appropriate motion if they believe that the scheduling order should be amended. Signed by Judge Florence Y. Pan on 8/15/2022. (znl)

Order

.Order

Notice (Other)

Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr)

NOTICE of Filing by TAYLOR F. TARANTO (znmw) (Entered: 11/14/2022)

Partial MOTION to Stay Proceedings by DAVID KAUFMAN. (Attachments: # 1 Text of Proposed Order)(Hunt, Hughie) (Entered: 11/16/2022)

1 Text of Proposed Order

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MINUTE ORDER granting 39 Defendant David Walls Kaufman's Motion to Stay: It is hereby ORDERED that the proceedings in this case are stayed pending resolution of Defendant David Walls Kaufman's underlying criminal case or until otherwise ordered by the Court. It is further ORDERED that the parties shall submit a joint status report on or before January 16, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/2/22. (lcrc2)

Set/Reset Deadlines

Set/Reset Deadlines: Joint Status Report due by 1/16/2023. (zsmc)

Order on Motion to Stay

Set/Reset Deadlines AND Order on Motion to Stay

Set/Reset Deadlines

Case Assigned/Reassigned

Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr)

.Order

MINUTE ORDER. It is hereby ORDERED that the parties shall meet and confer and submit a joint status report describing the current status of this case and a proposed schedule for further proceedings on or before January 4, 2024. It is further ORDERED that the parties shall contact Judge Reyes's Courtroom Deputy, Chashawn White (chashawn_white@dcd.uscourts.gov), to schedule a status conference. Signed by Judge Ana C. Reyes on 12/14/2023. (lcar3)