Wednesday, November 26, 2014

Doc 104 and 105



Ill - Eagle







Current Docket. More documents are expected to be docketed shortly.


U.S. District Court
California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:14-cv-01059-BLF


McGibney et al v. Retzlaff
Assigned to: Hon. Beth Labson Freeman
Referred to: Magistrate Judge Howard R. Lloyd
Cause: 28:1332 Diversity-Tort/Non-Motor Vehicle

Date Filed: 03/06/2014
Jury Demand: Plaintiff
Nature of Suit: 380 Personal Property: Other
Jurisdiction: Diversity
Plaintiff
James McGibney
An Individual
represented byJason Scott Leiderman
5740 Ralston Street Ste 300
Ventura, CA 93003
805-654-0200
Fax: 805-654-0280
Email: Jay@Criminal-Lawyer.me
ATTORNEY TO BE NOTICED

Plaintiff
ViaView, Inc.
A Corporation
represented byJason Scott Leiderman
(See above for address)
ATTORNEY TO BE NOTICED


V.
Defendant
Thomas Retzlaff represented byThomas Retzlaff
PO Box 46424
Phoenix, AZ 85063
210-317-9800
Email: retzlaff@texas.net
PRO SE

Defendant
Neal Rauhauser
TERMINATED: 11/02/2014

Defendant
Lane Lipton represented byClark Anthony Braunstein
Braunstein and Braunstein, P.C.
11755 Wilshire Blvd, Ste 2140
Los Angeles, CA 90025
United Sta
310-914-4999
Email: clarkbraunstein@gmail.com
ATTORNEY TO BE NOTICED

Robert Steven Giolito
Law Office of Robert S. Giolito P.C.
11755 Wilshire Blvd Ste 2140
Los Angeles, CA 90025
United Sta
310-473-3535
Fax: 310 914 4996
Email: rgiolito@giolitolaw.com
ATTORNEY TO BE NOTICED


Date Filed #Docket Text
03/06/20141 COMPLAINT against Thomas Retzlaff ( Filing fee $ 400, receipt number 0971-8431353.). Filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Civil Cover Sheet)(Leiderman, Jason) (Filed on 3/6/2014) (Entered: 03/06/2014)
03/06/20142 Certificate of Interested Entities by ViaView, Inc. (Leiderman, Jason) (Filed on 3/6/2014) (Entered: 03/06/2014)
03/06/2014Case assigned to Magistrate Judge Howard R. Lloyd. 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. (ha, COURT STAFF) (Filed on 3/6/2014) (Entered: 03/06/2014)
03/06/20144[RECAP] Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/1/2014. Case Management Conference set for 7/8/2014 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 3/6/2014) (Entered: 03/07/2014)
03/17/20145[RECAP] AMENDED COMPLAINT for Injunctive Relief and Damages against All Defendants. Filed by James McGibney, ViaView, Inc.. (Attachments: # 1 Summons)(Leiderman, Jason) (Filed on 3/17/2014) Modified on 3/18/2014 Proposed Summons should have been submitted as a separate docket entry (dhmS, COURT STAFF). (Entered: 03/17/2014)
03/18/20146 Summons Issued as to Thomas Retzlaff. (dhmS, COURT STAFF) (Filed on 3/18/2014) (Entered: 03/18/2014)
04/03/20147 Proposed Summons. (Leiderman, Jason) (Filed on 4/3/2014) (Entered: 04/03/2014)
04/03/20148 Summons Issued as to Lane Lipton. (dhmS, COURT STAFF) (Filed on 4/3/2014) (Entered: 04/03/2014)
04/10/20149 Proposed Summons. (Leiderman, Jason) (Filed on 4/10/2014) (Entered: 04/10/2014)
04/14/201410 Summons Issued as to Neal Rauhauser. (dhmS, COURT STAFF) (Filed on 4/14/2014) (Entered: 04/14/2014)
06/13/201411[RECAP] CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lane Lipton.. (Braunstein, Clark) (Filed on 6/13/2014) (Entered: 06/13/2014)
06/13/201412 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. (pmc, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)
06/16/201413 ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Howard R. Lloyd remains as the referral judge to the case. Reassignment Order signed by Executive Committee on 6/16/2014. (bw, COURT STAFF) (Filed on 6/16/2014) (Entered: 06/16/2014)
06/17/201414 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 11/13/2014. Case Management Conference set for 11/20/2014 01:30 PM in Courtroom 3, 5th Floor, U.S. District Court 280 South First Street San Jose, CA 95113. ***THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY*** (tsh, COURT STAFF) (Filed on 6/17/2014) (Entered: 06/17/2014)
07/03/201415 MOTION to Dismiss for Lack of Jurisdiction filed by Lane Lipton. Motion Hearing set for 9/18/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 7/17/2014. Replies due by 7/24/2014. (Attachments: # 1 Defendant Lipton's Memorandum of Points And Authorities In Support Thereof, # 2 Declaration Lipton's Declaration In Support Thereof, # 3 Proposed Order)(Braunstein, Clark) (Filed on 7/3/2014) (Entered: 07/03/2014)
07/03/201416 MOTION to Strike The Complaint Pursuant to Cal. Code of Civil Proc. Sec. 425.16 filed by Lane Lipton. Motion Hearing set for 9/18/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 7/17/2014. Replies due by 7/24/2014. (Attachments: # 1 Memorandum of Points and Authorities in Support Thereof, # 2 Declaration Decl. of Lane Lipton In support thereof, # 3 Declaration Decl. of Clark Anthony Braunstein in Support Thereof, # 4 Proposed Order)(Braunstein, Clark) (Filed on 7/3/2014) (Entered: 07/03/2014)
07/11/201417 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DEFENDANT LIPTONS MOTION TO DISMISS AND MOTION TO STRIKE filed by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 7/11/2014) Modified on 7/14/2014 (bw, COURT STAFF). (Entered: 07/11/2014)
07/16/201418 Order Granting 17 Stipulation Extending Time to Respond to Defendant Lipton's Motion to Dismiss and Motion to Strike. Responses due by 7/31/2014. Signed by Hon. Beth Labson Freeman on 7/16/2014. (blflc2, COURT STAFF) (Filed on 7/16/2014) (Entered: 07/16/2014)
07/21/201419 MOTION for Permission for Electronic Case Filing filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(srmS, COURT STAFF) (Filed on 7/21/2014) (Entered: 07/22/2014)
07/29/201420 Order granting 19 Motion for Permission for Electronic Case Filing filed by Tom Retzlaff. Signed by Hon. Beth Labson Freeman on 7/29/2014.(blflc2, COURT STAFF) (Filed on 7/29/2014) (Additional attachment(s) added on 7/30/2014: # 1 Certificate/Proof of Service) (tsh, COURT STAFF). (Entered: 07/29/2014)
07/31/201421 OPPOSITION TO DEFENDANT LANE LIPTONS MOTION TO DISMISS re 15 filed by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 7/31/2014) Text modified on 7/31/2014 (bw, COURT STAFF). (Entered: 07/31/2014)
07/31/201422 OPPOSITION TO DEFENDANT LANE LIPTONS SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CODE CIV. P. § 416.25 (re 16 filed by James McGibney, ViaView, Inc. (Attachments: # 1 Declaration of James McGibney) (Leiderman, Jason) (Filed on 7/31/2014)Text modified on 8/1/2014 (bw, COURT STAFF). (Entered: 07/31/2014)
08/05/201423 First MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Retzlaff. Motion Hearing set for 11/13/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 Notice of mtn to dismiss)(Retzlaff, Thomas) (Filed on 8/5/2014) (Entered: 08/05/2014)
08/05/201424[RECAP] MOTION for More Definite Statement filed by Thomas Retzlaff. Motion Hearing set for 11/13/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 notice of motion)(Retzlaff, Thomas) (Filed on 8/5/2014) (Entered: 08/05/2014)
08/05/201425 STIPULATION WITH PROPOSED ORDER TO Extend TIME TO FILE REPLY PAPERS filed by Lane Lipton. (Braunstein, Clark) (Filed on 8/5/2014) (Entered: 08/05/2014)
08/05/201426[RECAP] MOTION to Quash service of process filed by Thomas Retzlaff. Motion Hearing set for 11/13/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 notice of mtn to quash)(Retzlaff, Thomas) (Filed on 8/5/2014) (Entered: 08/05/2014)
08/06/201427[RECAP] Corrected Hearing Date of MOTION to Quash Service - Notice of New Hearing Date filed by Thomas Retzlaff. Motion Hearing set for 11/20/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/20/2014. Replies due by 8/27/2014. (Retzlaff, Thomas) (Filed on 8/6/2014) Wrong event selected. Modified on 8/7/2014 (srmS, COURT STAFF). (Entered: 08/06/2014)
08/06/201428[RECAP] Order granting 25 Stipulation Extending Time to File Reply Papers to Lipton's Motion to Dismiss and Special Motion to Strike. Signed by Hon. Beth Labson Freeman on 8/6/2014.(blflc2, COURT STAFF) (Filed on 8/6/2014) (Entered: 08/06/2014)
08/07/201429[RECAP] MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FOR PLAINTIFFS FAILURE TO STATE A CLAIM filed by Thomas Retzlaff. Motion Hearing set for 11/20/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/21/2014. Replies due by 8/28/2014. (Attachments: # 1 Notice of mtn to dismiss)(Retzlaff, Thomas) (Filed on 8/7/2014) Text modified on 8/8/2014 conforming to posted document caption (bw, COURT STAFF). (Entered: 08/07/2014)
08/11/201430 REPLY (re 15 MOTION to Dismiss for Lack of Jurisdiction ) filed byLane Lipton. (Braunstein, Clark) (Filed on 8/11/2014) (Entered: 08/11/2014)
08/11/201431 AFFIDAVIT re 16 MOTION to Strike The Complaint Pursuant to Cal. Code of Civil Proc. Sec. 425.16, 22 Opposition/Response to Motion, Thomas Retzlaff by Lane Lipton. (Braunstein, Clark) (Filed on 8/11/2014) (Entered: 08/11/2014)
08/11/201432 OBJECTIONS to re 16 MOTION to Strike The Complaint Pursuant to Cal. Code of Civil Proc. Sec. 425.16, 22 Opposition/Response to Motion, To Plaintiffs Evidence Submitted In Support of Their Opposition to Lipton's Special Motion to Strike by Lane Lipton. (Braunstein, Clark) (Filed on 8/11/2014) (Entered: 08/11/2014)
08/11/201433 REPLY (re 16 MOTION to Strike The Complaint Pursuant to Cal. Code of Civil Proc. Sec. 425.16 ) filed byLane Lipton. (Braunstein, Clark) (Filed on 8/11/2014) (Entered: 08/11/2014)
08/14/201434 ORDER STRIKING 32 Objection, filed by Lane Lipton. Signed by Hon. Beth Labson Freeman on 8/14/2014. (blflc2, COURT STAFF) (Filed on 8/14/2014) (Entered: 08/14/2014)
08/14/201435 RESPONSE (re 26[RECAP] MOTION to Quash service of process, 24[RECAP] MOTION for More Definite Statement , 29[RECAP] MOTION to Dismiss for Failure to State a Claim, 23 First MOTION to Dismiss for Lack of Jurisdiction ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Jay Leiderman, # 2 Exhibit # 1-14 to Leiderman Declaration, # 3[RECAP] Exhibit 15-24 to Leiderman Declaration)(Leiderman, Jason) (Filed on 8/14/2014) (Entered: 08/14/2014)
08/15/201436 Administrative Motion to File Under Seal filed by James McGibney, ViaView, Inc.. (Attachments: *** # 1 Declaration of Jay Leiderman in support [REDACTED] DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** , # 2 Declaration of Jay Leiderman in support [UNREDACTED], # 3 Proposed Order, # 4 Exhibit 25 [UNREDACTED])(Leiderman, Jason) (Filed on 8/15/2014) Modified on 8/15/2014 (ewn, COURT STAFF). (Entered: 08/15/2014)
08/17/201437 AMENDED REPLY (re 16 MOTION to Strike The Complaint Pursuant to Cal. Code of Civil Proc. Sec. 425.16 ) filed by Lane Lipton. (Attachments: # 1 Proposed Order to Evidentiary Objections)(Braunstein, Clark) (Filed on 8/17/2014) Modified on 8/18/2014 (srmS, COURT STAFF). (Entered: 08/17/2014)
08/18/201438[RECAP] MOTION to Appear by Telephone filed by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 8/18/2014) (Entered: 08/18/2014)
08/21/201439 Order granting 38[RECAP] Motion to Appear by Telephone. Pursuant to this Court's standing order, Defendant shall arrange through CourtCall. Signed by Hon. Beth Labson Freeman on 8/21/2014.(blflc2, COURT STAFF) (Filed on 8/21/2014) (Entered: 08/21/2014)
08/22/201440 Order Denying 36 Administrative Motion to File Under Seal. Plaintiffs may withdraw their sealing request and choose not to rely on the exhibit sought to be sealed in opposing Defendant Retzlaff's motions. The subject exhibit will not be considered by the Court unless Plaintiffs file an unredacted, unsealed version within seven (7) days of the date of this order. Civ. L.R. 79-5(f)(2). Signed by Hon. Beth Labson Freeman on 8/22/2014.(blflc2, COURT STAFF) (Filed on 8/22/2014) Modified text on 8/26/2014 (ecg, COURT STAFF). (Entered: 08/22/2014)
08/27/201441 NOTICE of Appearance by Robert Steven Giolito (Giolito, Robert) (Filed on 8/27/2014) (Entered: 08/27/2014)
08/27/201442 MOTION to Appear by Telephone filed by Lane Lipton. (Giolito, Robert) (Filed on 8/27/2014) (Entered: 08/27/2014)
08/27/201443 MOTION to Continue Hearing on Defendant Lane Lipton's Pending Motions filed by James McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Jay Leiderman, # 2 Proposed Order)(Leiderman, Jason) (Filed on 8/27/2014) (Entered: 08/27/2014)
08/27/201444 REPLY (re 23 First MOTION to Dismiss for Lack of Jurisdiction ) filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 8/27/2014) (Entered: 08/27/2014)
08/28/201445[RECAP] EXHIBITS re 40 Order on Administrative Motion to File Under Seal,, 35 Opposition/Response to Motion, Exhibit 25 filed byJames McGibney, ViaView, Inc.. (Related document(s) 40 , 35 ) (Leiderman, Jason) (Filed on 8/28/2014) (Entered: 08/28/2014)
08/29/201446 RESPONSE (re 43 MOTION to Continue Hearing on Defendant Lane Lipton's Pending Motions ) Opposition to Motion to Continue Hearing Date filed byLane Lipton. (Braunstein, Clark) (Filed on 8/29/2014) (Entered: 08/29/2014)
08/29/201447 Declaration of Jay Leiderman in Support of 43 MOTION to Continue Hearing on Defendant Lane Lipton's Pending Motions filed byJames McGibney, ViaView, Inc.. (Related document(s) 43 ) (Leiderman, Jason) (Filed on 8/29/2014) (Entered: 08/29/2014)
08/29/201448 REPLY (re 29[RECAP] MOTION to Dismiss for Failure to State a Claim ) filed byThomas Retzlaff. (Attachments: # 1 Exhibit Exhibit 1 - Cheaterville posts, # 2 Exhibit Exhibit 2 - Cheaterville's Take Down Hammer post removal service)(Retzlaff, Thomas) (Filed on 8/29/2014) (Entered: 08/29/2014)
08/30/201449 REPLY (re 26[RECAP] MOTION to Quash service of process ) filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 8/30/2014) (Entered: 08/30/2014)
09/01/201450 OBJECTIONS to re 45[RECAP] Exhibits, 35 Opposition/Response to Motion, 44 Reply to Opposition/Response, 49 Reply to Opposition/Response, 40 Order on Administrative Motion to File Under Seal,, Objection to Plaintiffs' Exhibit #25 by Thomas Retzlaff. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14)(Retzlaff, Thomas) (Filed on 9/1/2014) (Entered: 09/01/2014)
09/03/201451 Order denying 43 Motion to Continue Hearing on Defendant Lane Lipton's Pending Motions. Signed by Hon. Beth Labson Freeman on 9/3/2014.(blflc2, COURT STAFF) (Filed on 9/3/2014) (Entered: 09/03/2014)
09/03/201452 Order granting 42 Motion to Appear by Telephone. Counsel shall arrange through CourtCall. Signed by Hon. Beth Labson Freeman on 9/3/2014.(blflc2, COURT STAFF) (Filed on 9/3/2014) (Entered: 09/03/2014)
09/03/201453[RECAP] Letter from Thomas Retzlaff to Judge Beth Freeman. (Retzlaff, Thomas) (Filed on 9/3/2014) (Entered: 09/03/2014)
09/03/201454 CLERK'S NOTICE, Resetting Motion Hearings as to 26[RECAP] MOTION to Quash service of process, 23 First MOTION to Dismiss for Lack of Jurisdiction , 24[RECAP] MOTION for More Definite Statement . Motion to Quash, Motion to Dismiss for Lack of Jurisdiction and Motion for a More Definite Statement Hearings set for 11/20/2014 09:00 AM before Judge Beth Labson Freeman, Courtroom #3, 5th Floor, U.S. District Court 280 South First Street San Jose, CA 95113. ***THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY*** (tsh, COURT STAFF) (Filed on 9/3/2014) (Entered: 09/03/2014)
09/14/201455[RECAP] MOTION for Extension of Time to File anti-SLAPP motion filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order, # 2 Notion of Motion to Extend Time)(Retzlaff, Thomas) (Filed on 9/14/2014) (Entered: 09/14/2014)
09/15/201456[RECAP] OPPOSITION to (re 55[RECAP] MOTION for Extension of Time to File anti-SLAPP motion ) ; SUPPORTING DECLARATIONS AND EXHIBITS in Support of Opposition; Request for a Hearing on the Matter filed by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 9/15/2014) Modified on 9/16/2014 (srmS, COURT STAFF). (Entered: 09/15/2014)
09/16/201457 Order granting 55[RECAP] Administrative Motion to Extend Time to File Anti-SLAPP Motion. Signed by Hon. Beth Labson Freeman on 9/16/2014.(blflc2, COURT STAFF) (Filed on 9/16/2014) (Entered: 09/16/2014)
09/18/201462 Minute Entry: Motion to Dismiss and Motion to Strike Hearings held on 9/18/2014 before Judge Beth Labson Freeman (Date Filed: 9/18/2014). The Court takes matters under submission. (Court Reporter Irene Rodriguez.) (tsh, COURT STAFF) (Date Filed: 9/18/2014) (Entered: 09/23/2014)
09/19/201458 MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MOTION TO STAY CONSIDERATION OF PLEADING-STAGE MOTIONS PENDING AMENDMENT filed by James McGibney, ViaView, Inc. (Attachments: # 1 Declaration of Jay Leiderman, # 2 (Proposed) Order Granting Leave to Amend, # 3 (Proposed) Order Granting Stay on Pleading-Related Motions)(Leiderman, Jason) (Filed on 9/19/2014) Modified on 9/19/2014 (srmS, COURT STAFF). Modified on 9/22/2014 (bwS, COURT STAFF). (Entered: 09/19/2014)
09/21/201459 MEMORANDUM IN SUPPORT OF ANTI-SLAPP SPECIAL MOTION TO STRIKE PLAINTIFFS COMPLAINT 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, filed by Thomas Retzlaff. Motion Hearing set for 1/22/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 10/6/2014. Replies due by 10/14/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Notice of motion to Strike)(Retzlaff, Thomas) (Filed on 9/21/2014) Modified on 9/22/2014 (bwS, COURT STAFF). (Entered: 09/21/2014)
09/21/201460 OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT AND REQUEST FOR STAY (re 58 filed by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 9/21/2014) Modified on 9/22/2014 (bwS, COURT STAFF). (Entered: 09/21/2014)
09/22/201461 MOTION to Expedite Hearing on Anti-SLAPP Motions filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 9/22/2014) (Entered: 09/22/2014)
09/23/201463 ORDER Denying Administrative Motions, re 58 , 61 . Signed by Hon. Beth Labson Freeman on 9/23/2014. (blflc2, COURT STAFF) (Filed on 9/23/2014) (Entered: 09/23/2014)
09/26/201464 NOTICE OF RECANTATION OF TESTIMONY OF WITNESSES re 53[RECAP] Letter, 50 Objection,, 45[RECAP] Exhibits, 40 Order on Administrative Motion to File Under Seal, (Attachments: # 1 Declaration of Collin Retzlaff, # 2 Declaration of Denise Hollas)(Retzlaff, Thomas) (Filed on 9/26/2014) Modified on 9/26/2014 (srmS, COURT STAFF). (Entered: 09/26/2014)
10/03/201465[RECAP] ORDER re Defendant Retzlaff's Letter and Notice, re 53[RECAP] , 64 . Signed by Hon. Beth Labson Freeman on 10/3/2014. (blflc2, COURT STAFF) (Filed on 10/3/2014) (Entered: 10/03/2014)
10/03/201466[RECAP] ADMINISTRATIVE MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT THOMAS RETZLAFFS SPECIAL MOTION TO STRIKE re 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, filed by James McGibney, ViaView, Inc.. (Attachments: # 1[RECAP] Declaration of Jay Leiderman, # 2 (Proposed) Order) (Leiderman, Jason) (Filed on 10/3/2014) Modified on 10/6/2014 (bwS, COURT STAFF). (Entered: 10/03/2014)
10/03/201467 OPPOSITION TO PLAINTIFFS MOTION FOR EXTENTION FO TIME TO FILE ANTI-SLAPP RESPONSE (re 66[RECAP] MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, filed by Thomas Retzlaff. (Attachments: # 1 Exhibit: Leiderman's Twitter Subpoena, # 2 Exhibit: Twitter's Response to Subpoena)(Retzlaff, Thomas) (Filed on 10/3/2014) Modified on 10/6/2014 (bwS, COURT STAFF). (Entered: 10/03/2014)
10/06/201468[RECAP] Order granting 66[RECAP] Plaintiffs' Motion to Extend Time to Respond to Defendant Thomas Retzlaff's Motion to Strike. Signed by Hon. Beth Labson Freeman on 10/6/2014.(blflc2, COURT STAFF) (Filed on 10/6/2014) (Entered: 10/06/2014)
10/12/201469[RECAP] RESPONSE (re 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, Anti-SLAPP Motion to Strike ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1[RECAP] Declaration of Brittany Retzlaff, # 2[RECAP] Exhibit 1, # 3 Declaration of Adam Steinbaugh, # 4 Exhibit 2, # 5[RECAP] Declaration of Jay Leiderman, # 6 Proposed Order, # 7[RECAP] Declaration of James McGibney)(Leiderman, Jason) (Filed on 10/12/2014) (Entered: 10/12/2014)
10/12/201470 EXHIBITS re 69[RECAP] Opposition/Response to Motion, filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Exhibit 3, Part 1 of 6, # 2 Exhibit 3, Part 2 of 6, # 3 Exhibit 3, Part 3 of 6, # 4 Exhibit 3, Part 4 of 6, # 5 Exhibit 3, Part 5 of 6, # 6 Exhibit 3, Part 6 of 6, # 7 Exhibit 4, # 8 Exhibit 5)(Related document(s) 69[RECAP] ) (Leiderman, Jason) (Filed on 10/12/2014) (Entered: 10/12/2014)
10/14/201471 EXHIBITS re 69[RECAP] Opposition/Response to Motion, filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Jay Leiderman, # 2 Exhibit 6, Part 1 of 11, # 3 Exhibit 6, Part 2 of 11, # 4 Exhibit 6, Part 3 of 11, # 5 Exhibit 6, Part 4 of 11, # 6 Exhibit 6, Part 5 of 11, # 7 Exhibit 6, Part 6 of 11, # 8 Exhibit 6, Part 7 of 11, # 9 Exhibit 6, Part 8 of 11, # 10 Exhibit 6, Part 9 of 11, # 11 Exhibit 6, Part 10 of 11, # 12 Exhibit 6, Part 11 of 11, # 13 Exhibit 7, Part 1 of 4, # 14 Exhibit 7, Part 2 of 4, # 15 Exhibit 7, Part 3 of 4, # 16 Exhibit 7, Part 4 of 4, # 17 Exhibit 8)(Related document(s) 69[RECAP] ) (Leiderman, Jason) (Filed on 10/14/2014) (Entered: 10/14/2014)
10/15/201472 MOTION Strike Plaintiffs' Opposition to anti-SLAPP motion & Exhibits re 63 Order, Terminate Motions, 68[RECAP] Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69[RECAP] Opposition/Response to Motion, Administrative Motion filed by Thomas Retzlaff. Responses due by 10/15/2014. Replies due by 10/16/2014. (Attachments: # 1 Exhibit ECF Help Desk Email, # 2 Proposed Order order granting motion)(Retzlaff, Thomas) (Filed on 10/15/2014) (Entered: 10/15/2014)
10/15/201473 MOTION to Appear by Telephone for Nov 20 & Jan 22 hearings filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 10/15/2014) (Entered: 10/15/2014)
10/16/201474 MOTION for Extension of Time to File Response/Reply as to 72 MOTION Strike Plaintiffs' Opposition to anti-SLAPP motion & Exhibits re 63 Order, Terminate Motions, 68[RECAP] Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69[RECAP] Opposition/Response to Motion,, 68[RECAP] Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69[RECAP] Opposition/Response to Motion, motion to extend time to file reply to plaintiffs' anti-SLAPP response and Request for Increase in Page Length filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 10/16/2014) Modified on 10/17/2014 (srm, COURT STAFF). (Entered: 10/16/2014)
10/16/201475 RESPONSE (re 73 MOTION to Appear by Telephone for Nov 20 & Jan 22 hearings ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Leiderman, Jason) (Filed on 10/16/2014) (Entered: 10/16/2014)
10/16/201476 Emergency MOTION to Seal Case jointly filed by defendant and non-party witnesses filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 10/16/2014) (Entered: 10/16/2014)
10/16/201477 REPLY (re 73 MOTION to Appear by Telephone for Nov 20 & Jan 22 hearings ) Reply to plaintiffs' opposition filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 10/16/2014) (Entered: 10/16/2014)
10/17/201478 ORDER re Motions: 72 MOTION Strike Plaintiffs' Opposition to Anti-SLAPP Motion is DENIED; 73 MOTION to Appear by Telephone is DENIED; 74 MOTION for Extension of Time to File Reply and For Additional Pages is GRANTED IN PART, DENIED IN PART; 76 Emergency MOTION to Seal Case is DENIED without prejudice. Page 26 of Plaintiffs' Opposition 69[RECAP] is STRICKEN, preserving the signature. The deadline for Defendant's Reply is extended to 10/24/2014, no excess pages permitted. Signed by Hon. Beth Labson Freeman on 10/17/2014. (blflc2, COURT STAFF) (Filed on 10/17/2014) (Entered: 10/17/2014)
10/23/201479 NOTICE by Thomas Retzlaff re 53[RECAP] Letter, 64 Notice (Other), 70 Exhibits, 6 Summons Issued, 5[RECAP] Amended Complaint, 69[RECAP] Opposition/Response to Motion, Notice of False Evidence & Perjury Committed by attorney Jason Leiderman (Attachments: # 1 Exhibit Enlarged Samples of Signature, # 2 Declaration Denise Hollas, # 3 Declaration Collin Retzlaff, # 4 Declaration Tom Retzlaff)(Retzlaff, Thomas) (Filed on 10/23/2014) (Entered: 10/23/2014)
10/24/201480 REPLY IN SUPPORT OF HIS ANTI-SLAPP MOTION TO STRIKE (re 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, Anti-SLAPP Motion to Strike) filed by Thomas Retzlaff. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Retzlaff, Thomas) (Filed on 10/24/2014) Modified on 10/27/2014 (bwS, COURT STAFF). (Entered: 10/24/2014)
10/28/201481 ORDER Rescheduling Time for Motions Hearing re 23 , 24[RECAP] , 26[RECAP] , 29[RECAP] ; Continuing Initial Case Management Conference. Motion Hearing set for 11/20/2014 at 08:45 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Initial Case Management Conference set for 1/22/2015 at 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 10/28/2014. (blflc2, COURT STAFF) (Filed on 10/28/2014) (Entered: 10/28/2014)
10/30/201482[RECAP] MOTION Pursuant to FRCP 12(f) to Strike Defendant Retzlaff's Response to Plaintiff's Opposition to Retzlaff's Special Motion to Strike; To Seal Same; Declaration of Jay Leiderman and Exhibits Thereto in Support Thereto; Request to File Updated and Supplemental Declarations of Brittany Retzlaff that Correct a Technical Defect and that Supply Additional Relevant Information. Request to File Corrected Declaration; to Strike (or Seal) Retzlaff's Reply to Plaintiffs' Opposition to Motion to Strike; to Require Court Permission Prior to Further Filings re 80 Reply to Opposition/Response,, 79 Notice (Other), 69[RECAP] Opposition/Response to Motion, filed by James McGibney, ViaView, Inc.. Responses due by 11/13/2014. Replies due by 11/20/2014. (Attachments: # 1 Declaration of Brittany Retzlaff in Support of Motion to Strike, # 2 Declaration of Brittany Retzlaff in Support of Motion to Seal, # 3 Declaration of Brittany Retzlaff in Opposition to Retzlaff's Notice of False Evidence, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9[RECAP] Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Proposed Order, # 14 Proposed Order, # 15 Proposed Order, # 16 Proposed Order, # 17 Proposed Order)(Leiderman, Jason) (Filed on 10/30/2014) Modified on 10/31/2014 (srmS, COURT STAFF). (Entered: 10/30/2014)
11/02/201483 NOTICE of Voluntary Dismissal as to Defendant Rauhauser by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 11/2/2014) (Entered: 11/02/2014)
11/02/201484 OBJECTIONS to re 83 Notice of Voluntary Dismissal, 5[RECAP] Amended Complaint, Objection to P's dismiss w/o prejudice as to Rauhauser & Request for stay pending payment of all fees & costs by P's by Thomas Retzlaff. (Attachments: # 1 Exhibit TX lawsuit, # 2 Exhibit TX anti-SLAPP motion, # 3 Exhibit P's mtn to dismiss TX lawsuit, # 4 Exhibit Order dismissing TX lawsuit, # 5 Exhibit P's notice of dismissal as to Rauhauser, # 6 Exhibit Rauhauser attny fees)(Retzlaff, Thomas) (Filed on 11/2/2014) (Entered: 11/02/2014)
11/04/201485 RESPONSE (re 82[RECAP] MOTION Request to File Corrected Declaration; to Strike (or Seal) Retzlaff's Reply to Plaintiffs' Opposition to Motion to Strike; to Require Court Permission Prior to Further Filings re 80 Reply to Opposition/Response,, 79 Notice (Ot, 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, Anti-SLAPP Motion to Strike ) Opposition to Plaintiffs' Rule 12(f) motion to strike or seal filed byThomas Retzlaff. (Attachments: # 1 Exhibit Collin's lawsuit against ViaView)(Retzlaff, Thomas) (Filed on 11/4/2014) (Entered: 11/04/2014)
11/06/201486 REPLY (re 82[RECAP] MOTION Request to File Corrected Declaration; to Strike (or Seal) Retzlaff's Reply to Plaintiffs' Opposition to Motion to Strike; to Require Court Permission Prior to Further Filings re 80 Reply to Opposition/Response,, 79 Notice (Ot ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order, # 4 Proposed Order)(Leiderman, Jason) (Filed on 11/6/2014) (Entered: 11/06/2014)
11/11/201487 Notice of Withdrawal of Motion for a more definite statement (Retzlaff, Thomas) (Filed on 11/11/2014) (Entered: 11/11/2014)
11/11/201488 Notice of Withdrawal of Motion to quash service of process (Retzlaff, Thomas) (Filed on 11/11/2014) (Entered: 11/11/2014)
11/12/201489 MOTION to Appoint Counsel filed by Thomas Retzlaff. (Attachments: # 1 Exhibit hearing transcript from TRO case, # 2 Exhibit Basko WhoIs registration records, # 3 Exhibit Sue Basko website page, # 4 Exhibit Grey email, # 5 Exhibit Baelly email, # 6 Exhibit McMahon email, # 7 Exhibit Jeffrey Dorrell WhoIs registration records, # 8 Exhibit Jeff Dorrell WhoIs registration records, # 9 Exhibit Tom Retzlaff WhoIs registration records, # 10 Exhibit Thomas Retzlaff WhoIs registration records, # 11 Exhibit Dorrell TX brief, # 12 Exhibit Dorrell bio)(Retzlaff, Thomas) (Filed on 11/12/2014) (Entered: 11/12/2014)
11/12/201490[RECAP] Second MOTION to Appear by Telephone for November 20th hearing filed by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 11/12/2014) (Entered: 11/12/2014)
11/13/201491[RECAP] **FILED IN ERROR - PLEASE SEE DOCUMENT NUMBER 92 FOR CORRECTION**RESPONSE (re 89 MOTION to Appoint Counsel , 90[RECAP] Second MOTION to Appear by Telephone for November 20th hearing ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Proposed Order)(Leiderman, Jason) (Filed on 11/13/2014) Modified on 11/17/2014 (srmS, COURT STAFF). (Entered: 11/13/2014)
11/14/201492 RESPONSE (re 89 MOTION to Appoint Counsel , 90[RECAP] Second MOTION to Appear by Telephone for November 20th hearing ) CORRECTION OF DOCKET # 91[RECAP] filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Proposed Order)(Leiderman, Jason) (Filed on 11/14/2014) (Entered: 11/14/2014)
11/14/201493 NOTICE by James McGibney, ViaView, Inc. of need for additional security at November 20, 2014 hearing (Attachments: # 1 Exhibit 1)(Leiderman, Jason) (Filed on 11/14/2014) (Entered: 11/14/2014)
11/14/201494 ORDER ON MOTIONS: Administrative Motion 82[RECAP] granted in part and denied in part. 79 , 84 are STRICKEN. Motion 89 to Appoint Counsel is denied. Second Motion 90[RECAP] to Appear by Telephone for November 20th hearing is granted. Defendant shall arrange appearance through CourtCall. Defendant Neal Rauhauser is DISMISSED without prejudice. Signed by Hon. Beth Labson Freeman on 11/14/2014. (blflc2, COURT STAFF) (Filed on 11/14/2014) (Entered: 11/14/2014)
11/17/201495 Request for Judicial Notice re 23 First MOTION to Dismiss for Lack of Jurisdiction of Relevant Contents of Docket [69-7] filed byJames McGibney, ViaView, Inc.. (Related document(s) 23 ) (Leiderman, Jason) (Filed on 11/17/2014) (Entered: 11/17/2014)
11/17/201496 RESPONSE to re 93 Notice (Other) Plaintiff's Notice of Need for Security by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 11/17/2014) (Entered: 11/17/2014)
11/18/201497 DECLARATION of Brittany Retzlaff in Opposition to 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5[RECAP] Amended Complaint, Anti-SLAPP Motion to Strike as permitted by 94 filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Brittany Retzlaff, # 2 Declaration of Brittany Retzlaff)(Related document(s) 59 ) (Leiderman, Jason) (Filed on 11/18/2014) (Entered: 11/18/2014)
11/19/201498 MOTION to Appear by Telephone Clark Anthony Braunstein filed by Lane Lipton. (Attachments: # 1 Proposed Order)(Braunstein, Clark) (Filed on 11/19/2014) (Entered: 11/19/2014)
11/19/201499 NOTICE of Voluntary Dismissal by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 11/19/2014) (Entered: 11/19/2014)
11/19/2014100 OBJECTIONS to re 95 Request for Judicial Notice Objection to P's request for judicial notice by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 11/19/2014) (Entered: 11/19/2014)
11/19/2014101 Order granting 98 Motion to Appear by Telephone. Counsel shall arrange appearance through CourtCall. Signed by Hon. Beth Labson Freeman on 11/19/2014.(blflc2, COURT STAFF) (Filed on 11/19/2014) (Entered: 11/19/2014)
11/20/2014102 ORDER granting 23 Defendant Thomas Retzlaff's Motion to Dismiss for Lack of Personal Jurisdiction With Limited Leave to Amend. Defendant's 29[RECAP] Motion to Dismiss for Failure to State a Claim is terminated with leave to refile after Plaintiffs file their amended complaint. Plaintiffs shall file their amended complaint within twenty-one (21) days of the date of this order. Signed by Hon. Beth Labson Freeman on 11/20/2014. (blflc2, COURT STAFF) (Filed on 11/20/2014) (Entered: 11/20/2014)
11/20/2014103  Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 11/20/2014. (Date Filed: 11/20/2014) re 23 First MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Retzlaff.FTR Time: 8:48 - 9:36. Plaintiff Attorney: Jason Leiderman. Defendant Attorney: Thomas Retzlaff, Clark Braunstein. Attachment Civil Minutes.(tsh, COURT STAFF) (Entered: 11/21/2014)
11/24/2014104 NON PARTY'S MOTION TO PARTICIPATE BY TELEPHONE. (blflc2, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/26/2014)
11/24/2014105 Received Declaration from Non-Party, Susan Basko. (Attachments: # 1 Certificate/Proof of Service)(srmS, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/26/2014)