Phillips v. Brooklyn Bedding LLC
| California Northern District Court | |
| Judge: | Rita F Lin |
| Case #: | 4:23-cv-03781 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Jul 28, 2023 |
| Last checked: Wednesday Jan 24, 2024 12:42 AM PST |
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Defendant
Brooklyn Bedding LLC
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Represented By
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Plaintiff
Sean Phillips
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM PDT |
| Monday, November 27, 2023 | ||
| 27 | 27
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Mon 11/27 2:26 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bennett, Grace) |
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| 26 | 26
oth_evt
Clerks Notice ADI
Mon 11/27 11:08 AM
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Rita F. Lin in the San Francisco Division for all further proceedings. 1. All future filings shall bear the initials RFL immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED . However, existing briefing schedules for motions remain unchanged. All pending motions must be RENOTICED for hearing before Judge Lin by the moving party for a date consistent with the Court’s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoffs remain unchanged. 5. All pretrial conference and trial dates currently set for after March 4, 2024 , and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before March 4, 2024, are vacated. Other pretrial deadlines ( eg. , motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. Each party is expected to review and become familiar with all applicable standing orders and scheduling notes. 9. On or before December 11, 2023 , the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address the following items in the following order: a. Date Filed : The date the case was filed; b. Parties : A list or description of each party; c. Claims : A summary of all claims, counter-claims, cross-claims, or third party claims; d. Facts : A brief chronology of the facts and a statement of the principal factual issues in dispute; e. Legal Issues : A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions; f. Relief : A description of the relief sought and the damages claimed with an explanation as to how damages have been (or will be) computed; g. Discovery : The status of discovery, including any significant discovery management issues, as well as any limits or cutoff dates; h. Related Cases : The status, case name, and case number of any related cases or proceedings pending before another judge of this court, or before another court or administrative body; i. Procedural History : A procedural history of the case, including any previous motions that were decided or submitted, any ADR proceedings or settlement conferences that have been scheduled or concluded, any appellate proceedings that are pending or concluded, and any previous referral to a magistrate judge; j. Deadlines : A description of any other deadlines in place before reassignment, including those for ADR, dispositive motions, pretrial conferences, and trials; k. Any modification of deadlines : Any requested modification of these dates, and the reasons for the request; l. Consent to Magistrate : Whether the parties will consent to a magistrate judge for trial; and m. Emergency : Whether there exists an immediate need for a case management conference to be scheduled in the action, and why the parties believe such a need exists. 10. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6. 11. The assigned judge participates in the Cameras in the Courtroom Pilot Project. Hearings and trials in any civil case assigned to a judge participating in the Pilot Project are eligible for video recording, upon request and with the consent of the parties and the presiding judge. Please see the [LINK:Northern Districts webpage about participation in the Pilot Project] and [LINK:General Order 65] for more information. IT IS SO ORDERED. Dated: 11/27/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (kab-adi, COURT STAFF) |
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| Wednesday, November 08, 2023 | ||
| 25 | 25
2
pgs
order
Order on Stipulation
Wed 11/08 9:52 AM
ORDER GRANTING JOINT REQUEST FOR ORDER RE PROPOSED BRIEFING SCHEDULE TO RULE 12 MOTION TO AMENDED COMPLAINT (L.R. 6-2) by Judge Jon S. Tigar granting 24 Stipulation.Responses due by 12/22/2023. Replies due by 1/12/2024. Motion Hearing set for 2/1/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar.(mll, COURT STAFF) |
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| Monday, November 06, 2023 | ||
| 24 | 24
motion
Stipulation and Proposed Order
Mon 11/06 5:16 PM
STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Amended Complaint and Joint Request for Order Re Proposed Briefing Schedule filed by Brooklyn Bedding LLC.(Brown, Harrison) |
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Att: 1
Proposed Order
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| Monday, October 30, 2023 | ||
| 23 | 23
order
Order on Motion to Dismiss
Mon 10/30 9:47 AM
ORDER by Judge Jon S. Tigar. Plaintiff has filed an amended complaint. ECF No. 22 . Defendants' motion to dismiss the original complaint, ECF No. 21 , is therefore terminated as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc3, COURT STAFF) |
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| Friday, October 27, 2023 | ||
| 22 | 22
cmp
Amended Complaint
Fri 10/27 3:45 PM
AMENDED COMPLAINT against Brooklyn Bedding LLC. Filed by Sean Phillips.(Bennett, Grace) |
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Att: 1
Declaration of CLRA Venue
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| Friday, October 06, 2023 | ||
| 21 | 21
motion
Dismiss
Fri 10/06 4:06 PM
MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Motion to Strike filed by Brooklyn Bedding LLC. Motion to Dismiss Hearing set for 12/14/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor. Responses due by 10/27/2023. Replies due by 11/13/2023.(Brown, Harrison) |
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Att: 1
Request for Judicial Notice ISO Motion,
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Att: 2
Declaration of Erica Graves ISO Motion,
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Att: 3
Exhibit 1 to Declaration of Erica Graves,
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Att: 4
Exhibit 2 to Declaration of Erica Graves,
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Att: 5
Exhibit 3 to Declaration of Erica Graves,
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Att: 6
Proposed Order
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| Thursday, September 21, 2023 | ||
| 20 | 20
notice
Notice of Appearance
Thu 09/21 5:43 PM
NOTICE of Appearance by Anahit Tagvoryan on behalf of Defendant Brooklyn Bedding LLC (Tagvoryan, Anahit) |
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| 19 | 19
notice
Notice of Appearance
Thu 09/21 5:38 PM
NOTICE of Appearance by Erica R. Graves on behalf of Defendant Brooklyn Bedding LLC (Graves, Erica) |
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| 18 | 18
oth_evt
Clerk's Notice Setting Zoom Hearing
Thu 09/21 9:16 AM
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 12/14/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/jst] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 13, 2023 by 2:00 p.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . Motion Hearing set for 12/14/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) |
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| 17 | 17
2
pgs
order
Order on Stipulation
Thu 09/21 9:14 AM
ORDER GRANTING JOINT REQUEST FOR ORDER RE PROPOSED BRIEFING SCHEDULE by Judge Jon S. Tigar granting 16 Stipulation. Replies due by 11/13/2023. Responses due by 10/27/2023.(mll, COURT STAFF) |
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| Wednesday, September 20, 2023 | ||
| 16 | 16
motion
Stipulation and Proposed Order
Wed 09/20 9:30 AM
STIPULATION WITH PROPOSED ORDER re1 Complaint, filed by Brooklyn Bedding LLC and Sean Phillips.(Brown, Harrison) Modified on 9/20/2023 (jml, COURT STAFF) |
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Att: 1
Proposed Order
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| Tuesday, September 19, 2023 | ||
| 15 | 15
oth_evt
Clerk's Notice Setting Zoom Hearing
Tue 09/19 10:48 AM
CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 12/12/2023. Initial Case Management Conference set for 12/19/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/jst] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 18, 2023 by 2:00 p.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . Case Management Statement due by 12/12/2023. Initial Case Management Conference set for 12/19/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) |
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| 14 | 14
1
pgs
order
Order Reassigning Case ~Util - Case Assigned/Reassigned
Tue 09/19 8:54 AM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Chief Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 9/19/2023.(bar, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| Monday, September 18, 2023 | ||
| 13 | 13
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Mon 09/18 6:18 PM
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. (ig, COURT STAFF) |
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| Friday, September 15, 2023 | ||
| 12 | 12
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 09/15 10:35 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brooklyn Bedding LLC.. (Brown, Harrison) |
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| Thursday, August 24, 2023 | ||
| 11 | 11
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Thu 08/24 10:20 AM
Corporate Disclosure Statement by Brooklyn Bedding LLC identifying Other Affiliate Sleep Opco LLC for Brooklyn Bedding LLC. (Brown, Harrison) |
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| Wednesday, August 23, 2023 | ||
| 10 | 10
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Wed 08/23 3:52 PM
Corporate Disclosure Statement by Brooklyn Bedding LLC (Brown, Harrison) |
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| 9 | 9
misc
Stipulation without Proposed Order
Wed 08/23 3:42 PM
STIPULATION re1 Complaint, to Extend Time to Respond Pursuant to L.R. 6-1(A) filed by Brooklyn Bedding LLC. (Brown, Harrison) |
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utility
Electronic Filing Error
Thu 08/24 9:25 AM
[LINK:Electronic filing error] . Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re:10 Certificate of Interested Entities filed by Brooklyn Bedding LLC (jml, COURT STAFF) |
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| Thursday, August 10, 2023 | ||
| 8 | 8
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Thu 08/10 5:06 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sean Phillips.. (Franzini, Simon) |
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| Monday, August 07, 2023 | ||
| 7 | 7
service
Summons Returned Executed
Mon 08/07 11:30 AM
SUMMONS Returned Executed by Sean Phillips. Brooklyn Bedding LLC served on 8/2/2023, answer due 8/23/2023. (Cho, Christin) |
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| Monday, July 31, 2023 | ||
| 6 | 6
order
Initial Case Management Scheduling Order with ADR Deadlines
Mon 07/31 8:15 AM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/25/2023. Initial Case Management Conference set for 11/1/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jml, COURT STAFF) |
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| 5 | 5
service
Summons Issued
Mon 07/31 8:14 AM
Summons Issued as to Brooklyn Bedding LLC. (jml, COURT STAFF) |
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| Friday, July 28, 2023 | ||
| 4 | 4
utility
~Util - Case Assigned by Intake
Fri 07/28 3:05 PM
Case assigned to Chief Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/11/2023. (bar, COURT STAFF) |
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| 3 | 3
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Fri 07/28 2:43 PM
Certificate of Interested Entities by Sean Phillips (Cho, Christin) |
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| 2 | 2
misc
Proposed Summons
Fri 07/28 2:41 PM
Proposed Summons. (Cho, Christin) |
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| 1 | 1
32
pgs
cmp
Complaint
Fri 07/28 2:39 PM
COMPLAINT against Brooklyn Bedding LLC ( Filing fee $ 402, receipt number ACANDC-18495371.). Filed bySean Phillips.(Cho, Christin) |
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Att: 1
CLRA Venue Declaration,
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Att: 2
Civil Cover Sheet
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