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 by | Jason 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 by | Jason Scott Leiderman
(See above for address) ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Thomas Retzlaff | represented by | Thomas 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
TERMINATED: 12/03/2014 |
represented by | Clark Anthony Braunstein
Braunstein and Braunstein, P.C. 11755 Wilshire Blvd, Ste 2140 Los Angeles, CA 90025 United Sta 310-914-4999 Email: Clark@braunsteinpc.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 |
|---|---|---|
| 03/06/2014 | 1 | 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) |
| 03/06/2014 | 2 | Certificate of Interested Entities by ViaView, Inc. (Leiderman, Jason) (Filed on 3/6/2014) (Entered: 03/06/2014) |
| 03/06/2014 | 3 | Case 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) |
| 03/06/2014 | 4 | 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) |
| 03/17/2014 | 5 | 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) |
| 03/18/2014 | 6 | Summons Issued as to Thomas Retzlaff. (dhmS, COURT STAFF) (Filed on 3/18/2014) (Entered: 03/18/2014) |
| 04/03/2014 | 7 | Proposed Summons. (Leiderman, Jason) (Filed on 4/3/2014) (Entered: 04/03/2014) |
| 04/03/2014 | 8 | Summons Issued as to Lane Lipton. (dhmS, COURT STAFF) (Filed on 4/3/2014) (Entered: 04/03/2014) |
| 04/10/2014 | 9 | Proposed Summons. (Leiderman, Jason) (Filed on 4/10/2014) (Entered: 04/10/2014) |
| 04/14/2014 | 10 | Summons Issued as to Neal Rauhauser. (dhmS, COURT STAFF) (Filed on 4/14/2014) (Entered: 04/14/2014) |
| 06/13/2014 | 11 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lane Lipton.. (Braunstein, Clark) (Filed on 6/13/2014) (Entered: 06/13/2014) |
| 06/13/2014 | 12 | 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) |
| 06/16/2014 | 13 | 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) |
| 06/17/2014 | 14 | 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) |
| 07/03/2014 | 15 | 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) |
| 07/03/2014 | 16 | 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) |
| 07/11/2014 | 17 | 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) |
| 07/16/2014 | 18 | 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) |
| 07/21/2014 | 19 | 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) |
| 07/29/2014 | 20 | 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) |
| 07/31/2014 | 21 | 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) |
| 07/31/2014 | 22 | 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) |
| 08/05/2014 | 23 | 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) |
| 08/05/2014 | 24 | 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) |
| 08/05/2014 | 25 | 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) |
| 08/05/2014 | 26 | 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) |
| 08/06/2014 | 27 | 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) |
| 08/06/2014 | 28 | 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) |
| 08/07/2014 | 29 | 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) |
| 08/11/2014 | 30 | REPLY (re 15 MOTION to Dismiss for Lack of Jurisdiction ) filed byLane Lipton. (Braunstein, Clark) (Filed on 8/11/2014) (Entered: 08/11/2014) |
| 08/11/2014 | 31 | 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) |
| 08/11/2014 | 32 | 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) |
| 08/11/2014 | 33 | 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) |
| 08/14/2014 | 34 | 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) |
| 08/14/2014 | 35 | RESPONSE (re 26 MOTION to Quash service of process, 24 MOTION for More Definite Statement , 29 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 Exhibit 15-24 to Leiderman Declaration)(Leiderman, Jason) (Filed on 8/14/2014) (Entered: 08/14/2014) |
| 08/15/2014 | 36 | 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) |
| 08/17/2014 | 37 | 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) |
| 08/18/2014 | 38 | MOTION to Appear by Telephone filed by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 8/18/2014) (Entered: 08/18/2014) |
| 08/21/2014 | 39 | Order granting 38 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) |
| 08/22/2014 | 40 | 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) |
| 08/27/2014 | 41 | NOTICE of Appearance by Robert Steven Giolito (Giolito, Robert) (Filed on 8/27/2014) (Entered: 08/27/2014) |
| 08/27/2014 | 42 | MOTION to Appear by Telephone filed by Lane Lipton. (Giolito, Robert) (Filed on 8/27/2014) (Entered: 08/27/2014) |
| 08/27/2014 | 43 | 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) |
| 08/27/2014 | 44 | 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) |
| 08/28/2014 | 45 | 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) |
| 08/29/2014 | 46 | 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) |
| 08/29/2014 | 47 | 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) |
| 08/29/2014 | 48 | REPLY (re 29 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) |
| 08/30/2014 | 49 | REPLY (re 26 MOTION to Quash service of process ) filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 8/30/2014) (Entered: 08/30/2014) |
| 09/01/2014 | 50 | OBJECTIONS to re 45 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) |
| 09/03/2014 | 51 | 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) |
| 09/03/2014 | 52 | 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) |
| 09/03/2014 | 53 | Letter from Thomas Retzlaff to Judge Beth Freeman. (Retzlaff, Thomas) (Filed on 9/3/2014) (Entered: 09/03/2014) |
| 09/03/2014 | 54 | CLERK'S NOTICE, Resetting Motion Hearings as to 26 MOTION to Quash service of process, 23 First MOTION to Dismiss for Lack of Jurisdiction , 24 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) |
| 09/14/2014 | 55 | 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) |
| 09/15/2014 | 56 | OPPOSITION to (re 55 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) |
| 09/16/2014 | 57 | Order granting 55 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) |
| 09/18/2014 | 62 | 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) |
| 09/19/2014 | 58 | 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) |
| 09/21/2014 | 59 | MEMORANDUM IN SUPPORT OF ANTI-SLAPP SPECIAL MOTION TO STRIKE PLAINTIFFS COMPLAINT 57 Order on Motion for Extension of Time to File, 5 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) |
| 09/21/2014 | 60 | 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) |
| 09/22/2014 | 61 | 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) |
| 09/23/2014 | 63 | 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) |
| 09/26/2014 | 64 | NOTICE OF RECANTATION OF TESTIMONY OF WITNESSES re 53 Letter, 50 Objection,, 45 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) |
| 10/03/2014 | 65 | ORDER re Defendant Retzlaff's Letter and Notice, re 53 , 64 . Signed by Hon. Beth Labson Freeman on 10/3/2014. (blflc2, COURT STAFF) (Filed on 10/3/2014) (Entered: 10/03/2014) |
| 10/03/2014 | 66 | 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 Amended Complaint, filed by James McGibney, ViaView, Inc.. (Attachments: # 1 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) |
| 10/03/2014 | 67 | OPPOSITION TO PLAINTIFFS MOTION FOR EXTENTION FO TIME TO FILE ANTI-SLAPP RESPONSE (re 66 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 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) |
| 10/06/2014 | 68 | Order granting 66 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) |
| 10/12/2014 | 69 | RESPONSE (re 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5 Amended Complaint, Anti-SLAPP Motion to Strike ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Brittany Retzlaff, # 2 Exhibit 1, # 3 Declaration of Adam Steinbaugh, # 4 Exhibit 2, # 5 Declaration of Jay Leiderman, # 6 Proposed Order, # 7 Declaration of James McGibney)(Leiderman, Jason) (Filed on 10/12/2014) (Entered: 10/12/2014) |
| 10/12/2014 | 70 | EXHIBITS re 69 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 ) (Leiderman, Jason) (Filed on 10/12/2014) (Entered: 10/12/2014) |
| 10/14/2014 | 71 | EXHIBITS re 69 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 ) (Leiderman, Jason) (Filed on 10/14/2014) (Entered: 10/14/2014) |
| 10/15/2014 | 72 | MOTION Strike Plaintiffs' Opposition to anti-SLAPP motion & Exhibits re 63 Order, Terminate Motions, 68 Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69 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) |
| 10/15/2014 | 73 | 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) |
| 10/16/2014 | 74 | 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 Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69 Opposition/Response to Motion,, 68 Order on Motion for Extension of Time to File Response/Reply, 70 Exhibits, 71 Exhibits,, 69 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) |
| 10/16/2014 | 75 | 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) |
| 10/16/2014 | 76 | 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) |
| 10/16/2014 | 77 | 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) |
| 10/17/2014 | 78 | 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 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) |
| 10/23/2014 | 79 | NOTICE by Thomas Retzlaff re 53 Letter, 64 Notice (Other), 70 Exhibits, 6 Summons Issued, 5 Amended Complaint, 69 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) |
| 10/24/2014 | 80 | 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 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) |
| 10/28/2014 | 81 | ORDER Rescheduling Time for Motions Hearing re 23 , 24 , 26 , 29 ; 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) |
| 10/30/2014 | 82 | 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 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 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) |
| 11/02/2014 | 83 | NOTICE of Voluntary Dismissal as to Defendant Rauhauser by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 11/2/2014) (Entered: 11/02/2014) |
| 11/02/2014 | 84 | OBJECTIONS to re 83 Notice of Voluntary Dismissal, 5 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) |
| 11/04/2014 | 85 | RESPONSE (re 82 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 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) |
| 11/06/2014 | 86 | REPLY (re 82 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) |
| 11/11/2014 | 87 | Notice of Withdrawal of Motion for a more definite statement (Retzlaff, Thomas) (Filed on 11/11/2014) (Entered: 11/11/2014) |
| 11/11/2014 | 88 | Notice of Withdrawal of Motion to quash service of process (Retzlaff, Thomas) (Filed on 11/11/2014) (Entered: 11/11/2014) |
| 11/12/2014 | 89 | 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) |
| 11/12/2014 | 90 | 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) |
| 11/13/2014 | 91 | **FILED IN ERROR - PLEASE SEE DOCUMENT NUMBER 92 FOR CORRECTION**RESPONSE (re 89 MOTION to Appoint Counsel , 90 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) |
| 11/14/2014 | 92 | RESPONSE (re 89 MOTION to Appoint Counsel , 90 Second MOTION to Appear by Telephone for November 20th hearing ) CORRECTION OF DOCKET # 91 filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Proposed Order)(Leiderman, Jason) (Filed on 11/14/2014) (Entered: 11/14/2014) |
| 11/14/2014 | 93 | 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) |
| 11/14/2014 | 94 | ORDER ON MOTIONS: Administrative Motion 82 granted in part and denied in part. 79 , 84 are STRICKEN. Motion 89 to Appoint Counsel is denied. Second Motion 90 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) |
| 11/17/2014 | 95 | 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) |
| 11/17/2014 | 96 | 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) |
| 11/18/2014 | 97 | DECLARATION of Brittany Retzlaff in Opposition to 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5 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) |
| 11/19/2014 | 98 | 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) |
| 11/19/2014 | 99 | NOTICE of Voluntary Dismissal by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 11/19/2014) (Entered: 11/19/2014) |
| 11/19/2014 | 100 | 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) |
| 11/19/2014 | 101 | 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) |
| 11/20/2014 | 102 | ORDER granting 23 Defendant Thomas Retzlaff's Motion to Dismiss for Lack of Personal Jurisdiction With Limited Leave to Amend. Defendant's 29 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) |
| 11/20/2014 | 103 | 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) |
| 11/24/2014 | 104 | NON PARTY'S MOTION TO PARTICIPATE BY TELEPHONE. (blflc2, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/26/2014) |
| 11/24/2014 | 105 | 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) |
| 12/01/2014 | 106 | OBJECTIONS to re 79 Notice (Other), 94 Order, Terminate Motions,, 97 Declaration in Opposition, 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5 Amended Complaint, Anti-SLAPP Motion to Strike Objections to Revised Declarations of Brittany Retzlaff by Thomas Retzlaff. (Attachments: # 1 Declaration Denise Hollas, # 2 Declaration Tom Retzlaff, # 3 Exhibit SAPD records request)(Retzlaff, Thomas) (Filed on 12/1/2014) (Entered: 12/01/2014) |
| 12/03/2014 | 107 | NOTICE of Voluntary Dismissal of Defendant Lipton by James McGibney, ViaView, Inc. (Leiderman, Jason) (Filed on 12/3/2014) (Entered: 12/03/2014) |
| 12/03/2014 | 108 | REPLY (re 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5 Amended Complaint, Anti-SLAPP Motion to Strike ) Amended Reply in Support of Anti-SLAPP Motion filed byThomas 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)(Retzlaff, Thomas) (Filed on 12/3/2014) (Entered: 12/03/2014) |
| 12/04/2014 | 109 | Order Terminating 15 , 16 Motions by Defendant Lane Lipton. Signed by Hon. Beth Labson Freeman on 12/4/2014. (blflc2, COURT STAFF) (Filed on 12/4/2014) (Entered: 12/04/2014) |
| 12/04/2014 | 110 | MOTION to Strike 94 Order, Terminate Motions,, 97 Declaration in Opposition, Administrative Motion to Strike Revised Declarations filed by Plaintiffs filed by Thomas Retzlaff. Responses due by 12/5/2014. Replies due by 12/8/2014. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 12/4/2014) (Entered: 12/04/2014) |
| 12/07/2014 | 111 | SUPPLEMENTAL OBJECTIONS IN SUPPORT OF HIS ANTI-SLAPP MOTION TO STRIKE re 108 filed by Thomas Retzlaff. (Attachments: # 1 Declaration of Denise Hollas, # 2 Declaration of Tom Retzlaff, # 3 Exhibit McGibnet twitter message, # 4 Exhibit Al Jazerra news article on McGibney and his hacker army) (Retzlaff, Thomas) (Filed on 12/7/2014) Text modified on 12/8/2014 (bwS, COURT STAFF). (Entered: 12/07/2014) |
| 12/11/2014 | 112 | NOTICE by Thomas Retzlaff re 5 Amended Complaint, 1 Complaint Notice of Subsequent Court Decision (Attachments: # 1 Exhibit Texas lawsuit, # 2 Exhibit Texas appellate court opinion, # 3 Exhibit Texas appellate court judgment)(Retzlaff, Thomas) (Filed on 12/11/2014) (Entered: 12/11/2014) |
| 12/11/2014 | 113 | Letter from defendant Retzlaff to Judge Freeman. (Retzlaff, Thomas) (Filed on 12/11/2014) (Entered: 12/11/2014) |
| 12/11/2014 | 114 | SECOND AMENDED COMPLAINT against Thomas Retzlaff Filed by James McGibney, ViaView, Inc. (Attachments: # 1 Declaration Jason Leiderman)(Leiderman, Jason) (Filed on 12/11/2014) Modified on 12/12/2014 (srmS, COURT STAFF). (Entered: 12/11/2014) |
| 12/12/2014 | Electronic filing error. Incorrect event used. [err101] Correct event is: Amended Complaint.Corrected by Clerk's Office. No further action is necessary. Re: 114 Complaint filed by James McGibney, ViaView, Inc. (srmS, COURT STAFF) (Filed on 12/12/2014) (Entered: 12/12/2014) | |
| 12/12/2014 | 115 | AMENDED COMPLAINT CORRECTION OF DOCKET # 114 against Thomas Retzlaff. Filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Jay Leiderman)(Leiderman, Jason) (Filed on 12/12/2014) (Entered: 12/12/2014) |
| 12/12/2014 | 116 | Emergency MOTION to Strike 63 Order, Terminate Motions, 114 Complaint, 110 MOTION to Strike 94 Order, Terminate Motions,, 97 Declaration in Opposition, Administrative Motion to Strike Revised Declarations filed by Plaintiffs, 5 Amended Complaint, 94 Order,, Terminate Motions, 115 Amended Complaint, 102 Order,, Terminate Motions, Emergency Motion to Strike and Request for Entry of Order Dismissing the case filed by Thomas Retzlaff. Responses due by 12/16/2014. Replies due by 12/17/2014. (Retzlaff, Thomas) (Filed on 12/12/2014) (Entered: 12/12/2014) |
| 12/15/2014 | 117 | AMENDED COMPLAINT CORRECTION OF DOCKET # 114 and # 115 against Thomas Retzlaff. Filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration of Jay Leiderman)(Leiderman, Jason) (Filed on 12/15/2014) (Entered: 12/15/2014) |
| 12/15/2014 | 118 | OBJECTIONS to re 117 Amended Complaint, 114 Complaint, 116 Emergency MOTION to Strike 63 Order, Terminate Motions, 114 Complaint, 110 MOTION to Strike 94 Order, Terminate Motions,, 97 Declaration in Opposition, Administrative Motion to Strike Revised Declarations filed by Plaintiffs115 Amended Complaint, 102 Order,, Terminate Motions, by Thomas Retzlaff. (Retzlaff, Thomas) (Filed on 12/15/2014) (Entered: 12/15/2014) |
| 12/16/2014 | 119 | Order granting 104 Non-Party Joseph A. Camp's Request to Attend Hearings by Telephone. Signed by Hon. Beth Labson Freeman on 12/16/2014.(blflc2, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014) |
| 12/16/2014 | 120 | Order granting in part 110 Administrative Motion to Strike Revised Declaration; Striking 80 Superseded Reply Brief; Striking 111 Supplemental Objection. Documents at [97-1], 80 , and 111 are STRICKEN. Signed by Hon. Beth Labson Freeman on 12/16/2014.(blflc2, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014) |
| 12/17/2014 | 121 | Order granting in part 116 Administrative Motion to Strike Amended Complaint. Signed by Hon. Beth Labson Freeman on 12/17/2014.(blflc2, COURT STAFF) (Filed on 12/17/2014) (Entered: 12/17/2014) |
| 12/17/2014 | 122 | MOTION to Remove Incorrectly Filed Document Notice under Rule 11 to remove improperly filed documents within 21 days, to wit: Declarations (2) filed and proposed to be filed by non-party Susan Marie Basko filed by James McGibney, ViaView, Inc.. (Attachments: # 1 Exhibit Exhibit 1 email sent from Susan Basko to attorney Jay Leiderman)(Leiderman, Jason) (Filed on 12/17/2014) (Entered: 12/17/2014) |
| 12/17/2014 | 123 | EXHIBITS re 121 Order on Motion to Strike filed byJames McGibney, ViaView, Inc.. (Related document(s) 121 ) (Leiderman, Jason) (Filed on 12/17/2014) (Entered: 12/17/2014) |
| 12/22/2014 | 124 | Received Declaration of Non-Party, Susan Basko In Objection to Paintiff's Filing Listed as Documents 114 Amended Complaint, 115 Amended Complaint. (srmS, COURT STAFF) (Filed on 12/22/2014) (Entered: 12/22/2014) |
| 12/23/2014 | 125 | AMENDED COMPLAINT [Second] against All Defendants. Filed byJames McGibney, ViaView, Inc.. (Leiderman, Jason) (Filed on 12/23/2014) (Entered: 12/23/2014) |
| 12/25/2014 | 126 | MOTION to Dismiss for Lack of Jurisdiction over subject matter filed by Thomas Retzlaff. Motion Hearing set for 4/16/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 1/8/2015. Replies due by 1/15/2015. (Attachments: # 1 Declaration Retzlaff, # 2 Exhibit McGibney tweets, # 3 Exhibit Al Jazeera news article, # 4 Exhibit Texas state court lawsuit, # 5 Exhibit Texas appellate court opinion, # 6 Exhibit Texas appellate court judgment)(Retzlaff, Thomas) (Filed on 12/25/2014) (Entered: 12/25/2014) |
| 12/29/2014 | 127 | Emergency MOTION to Strike 125 Amended Complaint, 121 Order on Motion to Strike filed by Thomas Retzlaff. Responses due by 1/2/2015. Replies due by 1/2/2015. (Retzlaff, Thomas) (Filed on 12/29/2014) (Entered: 12/29/2014) |
| 12/29/2014 | Set Hearing re 127 Emergency MOTION to Strike 125 Amended Complaint, 121 Order on Motion to Strike Motion Hearing set for 4/23/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 12/29/2014) (Entered: 12/30/2014) | |
| 12/30/2014 | 128 | REQUEST FOR CLARIFICATION ON HEARING DATES (Retzlaff, Thomas) (Filed on 12/30/2014) Text modified on 1/2/2015 (bwS, COURT STAFF). (Entered: 12/30/2014) |
| 12/30/2014 | 129 | NOTICE TO RETZLAFF TO REMOVE HIS FALSE, OFFENSIVE, SCURRILOUS, SCANDALOUS AND IMPROPER PLEADINGS WITHIN 21 DAYS, SERVED PURSUANT TO RULE 5, OR THAT PLAINTIFFS WILL FILE A RULE 11 SANCTIONS MOTION THEREAFTER; RESPONSES TO FILINGS re 127 Emergency MOTION to Strike 125 Amended Complaint, 121 Order on Motion to Strike 126 MOTION to Dismiss for Lack of Jurisdiction over subject matter AND NOTICE TO RETZLAFF TO REMOVE HIS FALSE, OFFENSIVE, SCURRILOUS, SCANDALOUS AND IMPROPER PLEADINGS WITHIN 21 DAYS, SERVED PURSUANT TO RULE 5, OR THAT PLAINTIFFS WILL FILE A RULE 11 SANCTIONS MOTION THEREAFTER filed by James McGibney, ViaView, Inc.. (Leiderman, Jason) (Filed on 12/30/2014) Modified on 1/2/2015 (bwS, COURT STAFF). (Entered: 12/30/2014) |
| 01/06/2015 | 130 | ORDER DENYING 127 ADMINISTRATIVE MOTION TO STRIKE AMENDED COMPLAINT. Signed by Hon. Beth Labson Freeman on 1/6/2015. (blflc2, COURT STAFF) (Filed on 1/6/2015) (Entered: 01/06/2015) |
| 01/06/2015 | 131 | ORDER STRIKING IMPROPERLY FILED NOTICES re 122 , 129 . Signed by Hon. Beth Labson Freeman on 1/6/2015. (blflc2, COURT STAFF) (Filed on 1/6/2015) (Entered: 01/06/2015) |
| 01/07/2015 | 132 | MOTION to Dismiss Renoticed Motion to Dismiss for Failure to State a Claim filed by Thomas Retzlaff. Motion Hearing set for 4/30/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 1/7/2015. Replies due by 1/7/2015. (Attachments: # 1 Supplement Original motion that was filed ECF 29, # 2 Supplement P's original response ECF 35, # 3 Supplement P's exhibit 1 ECF 35-1, # 4 Supplement P's exhibit 2 ECF 35-2, # 5 Supplement Ps Exhibit 3 ECF 35-3, # 6 Supplement D's reply ECF 48, # 7 Supplement D's Exhibit 1 ECF 48-1, # 8 Supplement D's Exhibit 2 ECF 48-2)(Retzlaff, Thomas) (Filed on 1/7/2015) (Entered: 01/07/2015) |
| 01/07/2015 | 133 | Renotice motion hearing re 29 MOTION to Dismiss for Failure to State a Claim, 132 MOTION to Dismiss Renoticed Motion to Dismiss for Failure to State a Claim filed byThomas Retzlaff. Motion Hearing set for 4/30/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 1/7/2015. Replies due by 1/7/2015. (Related document(s) 29 ) (Retzlaff, Thomas) (Filed on 1/7/2015) (Entered: 01/07/2015) |
| 01/09/2015 | 134 | Second MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Retzlaff. Motion Hearing set for 4/30/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 1/23/2015. Replies due by 1/30/2015. (Attachments: # 1 Declaration Tom Retzlaff, # 2 Exhibit DE Incorporation records, # 3 Exhibit ViaView SEC Filing, # 4 Exhibit CA SoS entity search, # 5 Exhibit Santa Clara Tax email, # 6 Exhibit NV SoS filing, # 7 Exhibit Al Jazeera news article)(Retzlaff, Thomas) (Filed on 1/9/2015) (Entered: 01/09/2015) |
| 01/13/2015 | 135 | REPLY (re 126 MOTION to Dismiss for Lack of Jurisdiction over subject matter ) filed byThomas Retzlaff. (Attachments: # 1 Exhibit Leiderman Quits Naffe case, # 2 Exhibit Order dismissing Naffe case)(Retzlaff, Thomas) (Filed on 1/13/2015) (Entered: 01/13/2015) |
| 01/15/2015 | 136 | ORDER SUBMITTING 59 MOTION WITHOUT ORAL ARGUMENT AND VACATING HEARING; CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement Due 4/23/2015. Initial Case Management Conference set for 4/30/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 1/15/2015. (blflc2, COURT STAFF) (Filed on 1/15/2015) (Entered: 01/15/2015) |
| 01/15/2015 | 137 | RESPONSE (re 134 Second MOTION to Dismiss for Lack of Jurisdiction , 126 MOTION to Dismiss for Lack of Jurisdiction over subject matter ) Declaration of Jay Leiderman filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Proposed Order To allow late filed document, # 2 Exhibit 1 Warner Brother's Checks)(Leiderman, Jason) (Filed on 1/15/2015) (Entered: 01/15/2015) |
| 01/15/2015 | 138 | Proposed Order re 136 Order,, Set Hearings, 59 MOTION to Strike 57 Order on Motion for Extension of Time to File, 5 Amended Complaint, Anti-SLAPP Motion to Strike Order GRANTING anti-SLAPP motion to strike by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 1/15/2015) (Entered: 01/15/2015) |
| 01/16/2015 | 139 | OBJECTIONS to re 135 Reply to Opposition/Response, 137 Opposition/Response to Motion, 126 MOTION to Dismiss for Lack of Jurisdiction over subject matter Objection to P's late filed opposition & D's supplemental reply by Thomas Retzlaff. (Attachments: # 1 Exhibit Leiderman - Commander X tweets, # 2 Exhibit court order reassigning case)(Retzlaff, Thomas) (Filed on 1/16/2015) (Entered: 01/16/2015) |
| 01/21/2015 | 140 | MOTION to Appear by Telephone for April hearings filed by Thomas Retzlaff. (Attachments: # 1 Proposed Order)(Retzlaff, Thomas) (Filed on 1/21/2015) (Entered: 01/21/2015) |
| 01/23/2015 | 141 | RESPONSE (re 134 Second MOTION to Dismiss for Lack of Jurisdiction ) filed byJames McGibney, ViaView, Inc.. (Attachments: # 1 Declaration James McGibney in support of opposition to defendant Retzlaff's motion to dismiss for lack of jurisdiction)(Leiderman, Jason) (Filed on 1/23/2015) (Entered: 01/23/2015) |
| 01/27/2015 | 142 | ORDER GRANTING 137 REQUEST TO SUBMIT LATE-FILED DOCUMENT; GRANTING 140 MOTION TO APPEAR BY TELEPHONE. Defendant shall arrange his appearance through CourtCall in advance of each hearing. Signed by Hon. Beth Labson Freeman on 1/27/2015. (blflc2, COURT STAFF) (Filed on 1/27/2015) (Entered: 01/27/2015) |
| 01/31/2015 | 143 | REPLY (re 134 Second MOTION to Dismiss for Lack of Jurisdiction ) filed byThomas Retzlaff. (Attachments: # 1 Exhibit Notice of Appeal in TRO case)(Retzlaff, Thomas) (Filed on 1/31/2015) (Entered: 01/31/2015) |
| 01/31/2015 | 144 | First MOTION for Sanctions as to NON_PARTY SUSAN MARIE BASKO filed by James McGibney, ViaView, Inc.. Motion Hearing set for 4/30/2015 08:30 AM in Courtroom 1, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 2/17/2015. Replies due by 2/24/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Leiderman, Jason) (Filed on 1/31/2015) (Entered: 01/31/2015) |
| 02/02/2015 | 145 | MOTION To Reconsider Allowing A Telephonic Appearance by Thomas Retzlaff on April 16th and April 30th Due to the Fact that He Has Had a Warrant Issued for His Arrest in Santa Clara County filed by James McGibney, ViaView, Inc. (Regarding ( 142 )).(Attachments: # 1 Proposed Order DISALLOWING RETZLAFF TELEPHONIC APPEARANCE)(Leiderman, Jason) (Filed on 2/2/2015) Modified event to add linkage and correct event type on 2/2/2015 (srm, COURT STAFF). (Entered: 02/02/2015) |
| 02/02/2015 | 146 | RESPONSE (re 145 MOTION To Reconsider Allowing A Telephonic Appearance by Thomas Retzlaff on April 16th and April 30th Due to the Fact that He Has Had a Warrant Issued for His Arrest in Santa Clara County filed by James McGibney, ViaView, Inc. (Regarding ( 142 )). filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 2/2/2015) Please see document number 147 for correction. Modified on 2/2/2015 (srm, COURT STAFF). (Entered: 02/02/2015) |
| 02/02/2015 | 147 | RESPONSE (re 145 MOTION To Reconsider Allowing A Telephonic Appearance by Thomas Retzlaff on April 16th and April 30th Due to the Fact that He Has Had a Warrant Issued for His Arrest in Santa Clara County filed by James McGibney, ViaView, Inc. (Regarding ( 142 )).( Corrected ) filed byThomas Retzlaff. (Retzlaff, Thomas) (Filed on 2/2/2015) Modified on 2/2/2015 (srm, COURT STAFF). (Entered: 02/02/2015) |
| 02/02/2015 | Electronic filing error. Incorrect event used. [err101] Correct event is Motion For Reconsideration.Corrected by Clerk's Office. No further action is necessary. Re: 145 MOTION to Appear by Telephone TO DISSALOW TELEPHONIC APPEARANCE BY THOMAS RETZLAFF DUE TO RETZLAFF HAVING AN ACTIVE WARRANT FOR HIS ARREST filed by James McGibney, ViaView, Inc. (srm, COURT STAFF) (Filed on 2/2/2015) (Entered: 02/02/2015) | |
| 02/02/2015 | 148 | CLERK'S NOTICE RESETTING UNRESERVED HEARING as to 144] First MOTION for Sanctions as to NON_PARTY SUSAN MARIE BASKO. Due to Noticed Motion without Reserved Hearing date the court resets Motion Hearing to 05/07/2015 at 09:00 AM before Judge Beth Labson Freeman.(tsh, COURT STAFF) (Filed on 2/2/2015) (Entered: 02/02/2015) |
| 02/02/2015 | 149 | MOTION to Strike 144 First MOTION for Sanctions as to NON_PARTY SUSAN MARIE BASKO, 148 Clerk's Notice,, Set Motion and Deadlines/Hearings, Administrative Motion filed by Thomas Retzlaff. Responses due by 2/6/2015. (Retzlaff, Thomas) (Filed on 2/2/2015) (Entered: 02/02/2015) |