California Northern District Court
Judge:Haywood S Gilliam, Jr
Case #: 4:23-cv-05743
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-Tort/Non-Motor Vehicle
Case Filed:Nov 07, 2023
Terminated:Feb 06, 2024
Last checked: Sunday May 05, 2024 3:56 AM PDT
Defendant
PostMeds, Inc.
Represented By
Marcus Shane McCutcheon
Baker Hostetler LLP
contact info
Plaintiff
Benjamin Fisher
Represented By
Elizabeth Ruth Klos
Cole & Van Note
contact info
Laura Grace Van Note
Cole & Van Note
contact info
Plaintiff
Brittany Hallman
Represented By
Elizabeth Ruth Klos
Cole & Van Note
contact info
Laura Grace Van Note
Cole & Van Note
contact info


Docket last updated: 22 minutes ago
Tuesday, February 06, 2024
17 17 minutes Case Management Conference - Initial Wed 02/07 10:43 AM
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 2/6/2024 for case no. 4:23-cv-5710-HSG only.Total Time in Court: 16 minutes. Not Reported. Plaintiff Attorney: John Nelson; Gary Klinger; Samuel Ward; John Wucetich; Kyle McLean; Laura Van Note; Raina Borrelli; Alexis Wood; Kas Gallucci; Daniel Srourian; Kristen Cardoso; James Pizzirusso; Jill Manning; Bryan Bleichner; James Treglio; and Amber Schubert. Defendant Attorney: Marcus McCutcheon and Casie Collingnon. Adams. With the agreement of all the parties on the line, the Court orders that the lead case remain open and that the consolidated cases (Autry, 23-cv-05710-HSG; Adams, 23-cv-06258-HSG; Garcia, 23-cv-05726-HSG; Rossi, 23-cv-05732-HSG; Fisher, 23-cv-05743-HSG; McDonald, 23-cv-05772-HSG; Williams, 23-cv-05813-HSG; Toles, 23-cv-05852-HSG; Morgan, 23-cv-05862-HSG; Johnson, 23-cv-06038-HSG; Siegel, 23-cv-06134-HSG; Moran, 23-cv-06411-HSG; Byrd, 24-cv-00222-HSG; and Cohen, 24-cv-00134-HSG) be administratively closed. Counsel is directed to re-notice the motion to appoint interim class counsel (docket no. 17) and sets the following briefing schedule: February 21, 2024-response/opposition is due and February 28, 2024-reply to response/opposition is due. The Court orders that counsel should e-file all notices of non-opposition as soon as possible once the motion is re-noticed. Private ADR is discussed. Counsel are directed to meet and confer and e-file by one week from today (February 13, 2024) 1) a stipulation and proposed order on ADR that reflects the scheduled May 3rd mediation, and 2) the required ADR certifications. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 2/6/2024)
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utility Terminate Civil Case Wed 02/07 10:56 AM
***Civil Case Terminated, See Docket No. 17 .*** (ndr, COURT STAFF)
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Thursday, February 01, 2024
16 16 order Order Thu 02/01 12:55 PM
ORDER by Judge Haywood S. Gilliam, Jr. ADVISING the parties that only the lead case, In Re: Post Meds, Inc. Data Breach Litigation 23-05710 HSG), will remain on calendar for the February 6, 2024 Case Management Conference. The Court accordingly VACATES the Feb. 6, 2024 CMCs scheduled for consolidated cases Garcia (23-cv-05726), Rossi (23-cv-05732), Fisher (23-cv-05743), MacDonald (23-cv-05772), Williams (23-cv-05813), Toles (23-cv-05852), Morgan (23-cv-05862), Johnson (23-cv-06038), Siegel (23-cv-06134), Autry (23-cv-06173), and Adams (23-cv-06258) and the April 9, 2024 CMC for Cohen (24-cv-00134), but DIRECTS counsel for all consolidated cases to join the CMC for the lead case using the dial-in instructions at Dkt. No. 21 , and DIRECTS them to do so at 1:30pm (rather than 1:45pm) to allow for an orderly sign-in process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF)
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utility Terminate Deadlines Thu 02/01 1:07 PM
***CMC Terminated, See Docket No. 16 .*** (ndr, COURT STAFF)
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Wednesday, December 20, 2023
15 15 oth_evt Clerk's Notice ~Util - Telephonic Hearing (AT&T) Wed 12/20 9:24 AM
CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for February 6, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by January 30th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-05726-HSG. The February 6, 2024 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: 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. See General Order 58 at Paragraph III. PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF)
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Tuesday, December 19, 2023
14 14 1 pgs order Order Reassigning Case ~Util - Case Assigned/Reassigned Tue 12/19 2:47 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 12/19/2023. (ark, COURT STAFF)
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Wednesday, December 06, 2023
12 12 oth_evt Clerk's Notice re: Consent or Declination Wed 12/06 8:42 AM
SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . Consent/Declination due by 12/20/2023. (wft, COURT STAFF)
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Tuesday, December 05, 2023
13 13 2 pgs order Order Thu 12/07 12:32 PM
ORDER RELATING CASES. Signed by Judge Sallie Kim on 12/5/2023. (bxl, COURT STAFF)
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11 11 2 pgs order Order on Stipulation Tue 12/05 11:29 AM
Order as Modified by Magistrate Judge Kandis A. Westmore granting 10 Stipulation to Extend Defendant's Responsive Pleading Deadline. Joint Case Management Statement due by 4/30/2024. Initial Case Management Conference set for 5/7/2024 01:30 PM in Oakland, Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF)
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Monday, December 04, 2023
10 10 motion Stipulation and Proposed Order Mon 12/04 11:56 AM
STIPULATION WITH PROPOSED ORDER TO EXTEND DEFENDANT POSTMEDS, INC. DBA TRUEPILLS RESPONSIVE PLEADING DEADLINE filed by PostMeds, Inc..(McCutcheon, Marcus)
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Att: 1 Proposed Order
Tuesday, November 21, 2023
9 9 oth_evt Clerk's Notice re: Consent or Declination Tue 11/21 9:11 AM
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . Consent/Declination due by 12/5/2023. (wft, COURT STAFF)
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Tuesday, November 14, 2023
8 8 service Summons Returned Executed Tue 11/14 10:43 AM
SUMMONS Returned Executed by Benjamin Fisher, Brittany Hallman. PostMeds, Inc. served on 11/13/2023, answer due 12/4/2023. (Klos, Elizabeth)
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Thursday, November 09, 2023
7 7 notice Notice (Other) Thu 11/09 5:16 PM
NOTICE by Benjamin Fisher, Brittany Hallman of Pendency of Other Actions or Proceedings (LR3-13)(Van Note, Laura)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4
Wednesday, November 08, 2023
6 6 order Initial Case Management Scheduling Order with ADR Deadlines Wed 11/08 10:26 AM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/30/2024. Initial Case Management Conference set for 2/6/2024 01:30 PM in Oakland, - To be determined. (cv, COURT STAFF)
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5 5 service Summons Issued Wed 11/08 10:18 AM
Summons Issued as to PostMeds, Inc.. (cv, COURT STAFF)
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Tuesday, November 07, 2023
4 4 utility ~Util - Case Assigned by Intake Wed 11/08 8:20 AM
Case assigned to Magistrate Judge Kandis A. Westmore. 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 11/21/2023. (bw, COURT STAFF)
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3 3 notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Tue 11/07 5:13 PM
Certificate of Interested Entities by Benjamin Fisher, Brittany Hallman (Klos, Elizabeth)
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2 2 misc Proposed Summons Tue 11/07 4:49 PM
Proposed Summons. (Klos, Elizabeth)
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1 1 cmp Complaint Tue 11/07 4:47 PM
COMPLAINT against PostMeds, Inc. ( Filing fee $ 402, receipt number ACANDC-18816488.). Filed by Benjamin Fisher, Brittany Hallman.(Klos, Elizabeth)
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Att: 1 Civil Cover Sheet