Case details

Court: cand
Docket #: 5:11-cv-05496
Case Name: Think Computer Corp v. Venchiarutti et al
PACER case #: 247574
Date filed: 2011-11-14
Date of last filing: 2014-03-24
Assigned to: Magistrate Judge Howard R. Lloyd
Case Cause: 28:1331 Fed. Question
Nature of Suit: 950 Constitutional - State Statute
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Think Computer Corporation
Plaintiff
Marvin Nathan Cable
Law Offices Of Marvin Cable P.O. Box 1630 Northampton, MA 01060 United Sta 413-268-6500 Fax: 413-268-6500 Email: marvin@marvincable.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Michael Brooks Carroll
Law Offices of Michael Brooks Carroll 300 Montgomery Street Suite 650 San Francisco, CA 94104-4238 (415)788-7600 Fax: 415-421-7379 Email: carroll_law@sbcglobal.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Venchiarutti
Defendant
in his official capacity as Deputy Commissioner of the California Department of Financial Institutions
Peter Keller Southworth
CA State Attorney General's Office Government Law 1300 I St Ste 125 P.O. Box 944255 Sacramento, CA 94244-2550 916-445-1685 Fax: 916-327-2319 Email: Peter.southworth@doj.ca.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
Attorney General of California 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 (916) 323-5313 Fax: (916) 324-8835 Email: Ryan.Marcroft@doj.ca.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Haraf
Defendant
in his official capacity as Commissioner of the California Department of Financial Institutions
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Traci Stevens
Defendant
in her official capacity as Acting Secretary of the California Business , Transportation and Housing Agency
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacob A Appelsmith
Defendant
in his official capacity as Senior Advisor to the Governor of the State of California
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kamala Harris
Defendant
in her official capacity as Attorney General of the State of California
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edmund Brown, Jr.
Defendant
In his official capacity as Governor of the State of California
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Traci Stevens
Defendant
in her official capacity as Acting Secretary of the California Business , Transportation and Housing Agency
Peter Keller Southworth
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Marcroft
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-11-14 1 0 Complaint COMPLAINT for Declaratory and Injunctive Relief (NO PROCESS: jury demand; against Jacob A Appelsmith, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti ( Filing fee $ 350, receipt number 54611010747). Filed by Think Computer Corp. (Attachments: # (1) Schedule A to Complaint, # (2) Civil Cover Sheet) (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF). 2013-05-08 21:43:17 e013a945861338aa1aa98c7b36aa5aa1a03e3d89
1 1 Schedule A to Complaint
1 2 Civil Cover Sheet
2011-11-14 2 0 Motion for Miscellaneous Relief MOTION for Permission for Electronic Case Filing filed by Think Computer Corp. (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF). 2013-05-08 21:49:22 b4764a3333f2c01a1334263fae4b1e41548b31f2
2011-11-14 3 0 Received Document (Proposed) Order Granting MOTION for Permission for Electronic Case Filing re [2] by Think Computer Corp. (bw, COURT STAFF) (Filed on 11/14/2011) Modified on 11/28/2011 (bw, COURT STAFF).
2011-11-14 4 0 Initial Case Management Scheduling Order with ADR Deadlines ADR SCHEDULING ORDER: Case Management Statement due by 1/3/2011. Case Management Conference set for 1/10/2011 01:30 PM in Courtroom 2, 5th Floor, San Jose. (bw, COURT STAFF) (Filed on 11/14/2011)
2011-11-17 5 0 Motion for Miscellaneous Relief MOTION for Exemption from Local rule 3-9(b) filed by Think Computer Corp;. Responses due by 12/1/2011. Replies due by 12/8/2011. (bw, COURT STAFF) (Filed on 11/17/2011) Modified on 11/28/2011 (bw, COURT STAFF). 2013-05-08 21:50:22 d51f62d5f45048c6ac90e3689cb5577ad2e1a9e8
2011-11-28 6 0 Summons Issued Summons Issued as to Robert Venchiarutti. (bw, COURT STAFF) (Filed on 11/28/2011)
2011-11-28 7 0 Summons Issued Summons Issued as to Kamala Harris. (bw, COURT STAFF) (Filed on 11/28/2011)
2011-11-28 8 0 Summons Issued Summons Issued as to William Haraf. (bw, COURT STAFF) (Filed on 11/28/2011)
2011-11-28 9 0 Summons Issued Summons Issued as to Jacob A Appelsmith. (bw, COURT STAFF) (Filed on 11/28/2011)
2011-11-28 10 0 Summons Issued Summons Issued as to Edmund Brown, Jr. (bw, COURT STAFF) (Filed on 11/28/2011)
2011-11-28 11 0 Summons Issued Summons Issued as to Traci Stevens. (bw, COURT STAFF) (Filed on 11/28/2011) Modified on 12/12/2011 (bw, COURT STAFF).
2012-01-03 12 0 Notice of Appearance NOTICE OF APPEARANCE OF COUNSEl by THINK COMPUTER CORPORATION (Carroll, Michael) (Filed on 1/3/2012) Modified on 1/5/2012 (bw, COURT STAFF). 2013-05-08 21:44:26 8f52c41c89b5fdb67e541736ee78e18597fa3404
2012-01-03 13 0 Motion to Continue Unopposed Motion for Administrative Relief (to Continue Case Management Conference) filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) (Proposed) Order)(Southworth, Peter) (Filed on 1/3/2012) Text modified on 1/5/2012 (bw, COURT STAFF). 2013-05-08 21:45:21 41b5a5ecaa4b42ac9a4dfc7eae5194d1a73a1879
13 1 Proposed Order
2012-01-05 14 0 Order on Motion for Miscellaneous Relief ORDER by Magistrate Judge Howard R. Lloyd denying as moot [2] Motion for Electronic Case Filing; denying as moot [5] Motion for Exemption from Local Rule 3-9(b); granting [13] defendants' Motion to Continue Initial Case Management Conference. Initial case management conference set for 1/31/2012, 1:30 PM. Related deadlines adjusted. Each party to file consent or declination to proceed before a magistrate judge by 1/24/2012. (hrllc2, COURT STAFF) (Filed on 1/5/2012) 2013-05-08 21:51:26 cb10074057e875aa19cdf35158e240286a34ef3a
2012-01-12 15 0 Stipulation STIPULATION to Extend Time to Respond to Complaint re [1] by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).
2012-01-12 16 0 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options ADR Certification by Defendants and Counsel (ADR L.R. 3-5 b) of discussion of ADR options (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).
2012-01-12 17 0 Notice of need of ADR Phone Conference (ADR L.R. 3-5 d) NOTICE of need for ADR Phone Conference by All Parties (ADR L.R. 3-5 d) (Southworth, Peter) (Filed on 1/12/2012) Modified on 1/13/2012 (bw, COURT STAFF).
2012-01-13 18 0 Stipulation and Order STIPULATION AND ORDER re [15] Extending Defendants' Time to Respond to Complaint. Defendants' answer or response to complaint due by 1/23/2012. Initial case management conference continued to 2/28/2012, 1:30 PM. No later than 1/24/2012, each party to file either consent or declination to proceed before a magistrate judge. Signed by Magistrate Judge Howard R. Lloyd on 1/13/2012. (hrllc2, COURT STAFF) (Filed on 1/13/2012)
2012-01-18 19 0 Consent to Proceed Before a US Magistrate Judge CONSENT to Proceed Before a US Magistrate Judge by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti .. (Southworth, Peter) (Filed on 1/18/2012)
2012-01-23 20 0 Stipulation STIPULATION for Filing of Amended Complaint and (Proposed) Order filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Southworth, Peter) (Filed on 1/23/2012) Modified on 1/24/2012 (bw, COURT STAFF).
2012-01-24 21 0 Consent to Proceed Before a US Magistrate Judge CONSENT to Proceed Before a US Magistrate Judge by Think Computer Corporation (Carroll, Michael) (Filed on 1/24/2012) Modified on 1/24/2012 (bw, COURT STAFF).
2012-01-27 22 0 Order on Stipulation STIPULATION AND ORDER re [20] by Magistrate Judge Howard R. Lloyd for Filing of Amended Complaint. Plaintiff's First Amended Complaint due by 1/31/2012. Defendants' answer or response due as per Fed. R. Civ. P. 15(a). Initial case management conference continued to 4/17/2012, 1:30 PM.(hrllc2, COURT STAFF) (Filed on 1/27/2012)
2012-01-31 23 0 Amended Complaint FIRST AMENDED COMPLAINT For Declaratory and Injunctive Relief and jury demand against All Defendants. Filed byThink Computer Corporation. (Attachments: # (1) Exhibit Schedule B To First Amended Complaint) (Carroll, Michael) (Filed on 1/31/2012) Modified on 1/31/2012 (bw, COURT STAFF). 2013-05-08 21:54:22 772f916725894ec26a618ffab7333f79dfa2054d
23 1 Exhibit Schedule B To First Amended Complaint
2012-02-14 24 0 Motion to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint re [23] by State Defendants; Memorandum of Points and Authorities in Support filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. Motion Hearing set for 3/27/2012 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 2/28/2012. Replies due by 3/6/2012. (Attachments: # (1) (Proposed) Order Granting State Defendants' Motion to Dismiss)(Marcroft, Ryan) (Filed on 2/14/2012) Modified on 2/14/2012 (bw, COURT STAFF).
2012-02-28 25 0 Opposition/Response to Motion Response and Opposition to State Defendants' Motion to Dismiss re [24] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/28/2012) Modified on 3/1/2012 (bw, COURT STAFF).
2012-02-28 26 0 Request for Judicial Notice Exhibits D-F to Response and Opposition to State Defendants' Motion to Dismiss re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/28/2012) Text modified on 3/1/2012 conforming to posted document incorrect event type used when posting Exhibits (bw, COURT STAFF).
2012-02-29 27 0 Request for Judicial Notice Exhibits C to Response and Opposition to State Defendants' Motion to Dismiss re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/29/2012) Text modified on 3/1/2012 conforming to posted document caption; incorrect event type used when posting Exhibit (bw, COURT STAFF).
2012-02-29 28 0 Request for Judicial Notice Request for Judicial Notice in Support of Response to Opposition to Motion to Dismiss and Exhibits A-B re [25] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 2/29/2012) Modified on 3/1/2012 (bw, COURT STAFF).
2012-03-03 29 0 Notice (Other) Notice of Court of Filing of [Errata] Plaintiffs Response and Opposition To State Defendants Motion to Dismiss by Think Computer Corporation (Carroll, Michael) (Filed on 3/3/2012) Modified on 3/5/2012 (bw, COURT STAFF).
2012-03-03 30 0 Opposition/Response to Motion Response and Opposition to State Defendants' Motion to Dismiss (re [24] filed by Think Computer Corporation. (Carroll, Michael) (Filed on 3/3/2012) Modified on 3/5/2012 (bw, COURT STAFF).
2012-03-06 31 0 Reply to Opposition/Response Reply Memorandum of Points and Authorities in Support of State Defendants' MOTION to Dismiss First Amended Complaint re [24] filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 3/6/2012) Modified on 3/8/2012 (bw, COURT STAFF).
2012-03-12 32 0 Clerks Notice CLERKS NOTICE re Motion Hearing and Initial Case Management Conference. Hearing re [24] continued to 4/17/2012, 10:00 AM, Courtroom 2, San Jose. Case Management Statement due by 5/22/2012. Initial Case Management Conference set for 5/29/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 3/12/2012)
2012-03-13 33 0 Motion to Shorten Time Motion to Change Time of Oral Argument Concerning Defendants' Motion To Dismiss And Scheduling Conference Pursuant to Local Rule 6-3 filed by Think Computer Corporation. (Carroll, Michael) (Filed on 3/13/2012) Text modified on 3/14/2012 (bwS, COURT STAFF).
2012-03-14 34 0 Opposition/Response to Motion Response and Partial Oppositon to Plainitff's Motion to Change Time re [33]; Declaration of Ryan Marcroft in Support filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 3/14/2012) Text modified, linkage added on 3/15/2012 (bw, COURT STAFF).
2012-03-16 35 0 Order on Motion to Shorten Time ORDER by Magistrate Judge Howard R. Lloyd denying [33] Plaintiff's Motion for an Order Shortening Time.(hrllc2, COURT STAFF) (Filed on 3/16/2012)
2012-04-06 36 0 Motion for Pro Hac Vice Application for Admission of Attorney Marvin Cable for leave to appear in Pro Hac Vice ( Filing fee $ 305.00, receipt number 34611072669.) Filing fee previously paid on 4/6/2012 filed by Think Computer Corporation. (gm, COURT STAFF) (Filed on 4/6/2012) Modified on 4/13/2012 (bw, COURT STAFF).
2012-04-06 37 0 Proposed Order (Proposed) Order Granting Application for Admission of Attorney Marvin Cable for leave to appear in Pro Hac Vice re [36] by Think Computer Corporation. (gm, COURT STAFF) (Filed on 4/6/2012) Modified on 4/13/2012 (bw, COURT STAFF).
2012-04-16 38 0 Order on Motion for Pro Hac Vice ORDER by Magistrate Judge Howard R. Lloyd granting [36] Motion for Pro Hac Vice as to Marvin Cable.(hrllc2, COURT STAFF) (Filed on 4/16/2012)
2012-04-17 39 0 Motion Hearing *** FILED IN ERROR*** Minute Entry: Motion Hearing held on 4/17/2012 before Magistrate Judge Howard R. Lloyd (Date Filed: 4/17/2012) re [24] (Court Reporter ftr.) (pmc, COURT STAFF) (Date Filed: 4/17/2012) Modified on 4/18/2012 (pmc, COURT STAFF).
2012-04-17 40 0 Motion Hearing Minute Entry: Motion Hearing held on 4/17/2012 before Magistrate Judge Howard R. Lloyd (Date Filed: 4/17/2012) re [24]. (Court Reporter ftr.) (pmc, COURT STAFF) (Date Filed: 4/17/2012)
2012-05-08 41 0 Stipulation STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF RYAN MARCROFT IN SUPPORT and (Proposed) Order filed by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Marcroft, Ryan) (Filed on 5/8/2012) Modified on 5/8/2012 (bw, COURT STAFF).
2012-05-10 42 0 Order on Stipulation STIPULATION AND ORDER by Magistrate Judge Howard R. Lloyd re [41] Continuing Initial Case Management Conference. Case management conference set for 5/29/2012 is continued to a date to be set by the court contemporaneous with its written ruling on defendants' motion to dismiss.(hrllc2, COURT STAFF) (Filed on 5/10/2012)
2012-05-18 43 0 Request for Judicial Notice Motion for Leave to File Request for Judicial Notice filed by Think Computer Corporation. (Attachments: # (1) Supplement, # (2) Declaration)(Cable, Marvin) (Filed on 5/18/2012) Text modified on 5/18/2012 conforming to posted document caption (bw, COURT STAFF).
2012-07-17 44 0 Transcript Transcript of Proceedings held on April 17, 2012, before Judge Howard R. Lloyd. Court Reporter/Transcriber Stacy Wegner, Telephone number 859-539-2802. Tape Number: FTR. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 8/7/2012. Redacted Transcript Deadline set for 8/17/2012. Release of Transcript Restriction set for 10/15/2012. (jy, COURT STAFF) (Filed on 7/17/2012) 2013-02-27 00:20:06 8fe0938d719baf308b858142dd9ee9d0e696ff41
2013-02-19 45 0 Notice of Change In Counsel NOTICE OF WITHDRAWAL OF CO-COUNSEL FOR PLAINTIFF THINK COMPUTER CORPORATION Before the Honorable Howard R. Lloydby Michael Brooks Carroll (Carroll, Michael) (Filed on 2/19/2013) Modified on 2/20/2013 (bwS, COURT STAFF). 2013-05-08 21:46:21 120c0bc87a519d093c92379de5a9aefe1aa85a94
2013-02-27 46 0 Order ORDER Denying Without Prejudice [45] Plaintiff's Counsel's Motion to Withdraw. Signed by Magistrate Judge Howard R. Lloyd on 2/27/2013. (hrllc2, COURT STAFF) (Filed on 2/27/2013) 2013-05-08 21:46:36 c200d660797c9bffdc84e2b2e557e660572a7fbe
2013-03-14 47 0 Request for Judicial Notice Request for Judicial Notice filed by Think Computer Corporation. (Attachments: # (1) Declaration of Aaron Greenspan in Support of Plaintiff's Request for Judicial Notice) (Cable, Marvin) (Filed on 3/14/2013) Modified on 3/15/2013 (bwS, COURT STAFF). 2013-05-08 21:48:36 ec943ae8cc7c6fdcfb9b54e20b54d8aa8549e7db
47 1 Declaration of Aaron Greenspan in Support of Plaintiff's Request for Judici 2013-05-08 21:49:31 f5a79467931359ab53e5d38b51ea0cbceb5c5907
2013-07-16 48 0 Notice of Appearance NOTICE of Appearance by Michael James Aschenbrener for Plaintiff Think Computer Corp. (Aschenbrener, Michael) (Filed on 7/16/2013)
2013-08-10 49 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney (pro hac vice) filed by Think Computer Corporation. Responses due by 8/26/2013. Replies due by 9/3/2013. (Cable, Marvin) (Filed on 8/10/2013)
2013-10-15 50 0 Request for Judicial Notice Request for Judicial Notice filed byThink Computer Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Aschenbrener, Michael) (Filed on 10/15/2013)
2014-03-20 51 0 Order on Motion to Withdraw as Attorney ORDER by Magistrate Judge Howard R. Lloyd granting [49] Motion to Withdraw as Attorney. Attorney Marvin Nathan Cable terminated. (hrllc2, COURT STAFF) (Filed on 3/20/2014)
2014-03-24 52 0 Notice (Other) NOTICE by Think Computer Corporation re [24] MOTION to Dismiss First Amended Complaint by State Defendants; Memorandum of Points and Authorities in Support, [30] Opposition/Response to Motion, [31] Reply to Opposition/Response, [40] Motion Hearing under L.R. 7-13 that motion has been under submission for more than 120 days (Aschenbrener, Michael) (Filed on 3/24/2014)