Windsor Auctions, Inc. et al v. Ebay, Inc. et al

Plaintiffs:Windsor Auctions, Inc. and Jewelry Auctions, Inc.
Defendants:eBay, Inc., Live Auctioneers, LLC, Matthew Ledwith and John Ralston
 
Case Number:3:2008cv05409
Filed:December 2, 2008
 
Court:California Northern District Court
Office:Fraud or Truth-In-Lending Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Magistrate Judge Bernard Zimmerman
 
Nature of Suit:Torts - Property - Other Fraud
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Other Contract
Date Filed # Docket Text
September 15, 2008 1 COMPLAINT against Ebay, Inc., Live Auctioneers, LLC, Matthew Ledwith, John Ralston with Jury Demand (Filing fee $ 350 receipt number T047567) filed by Windsor Auctions, Inc., Jewelry Auctions, Inc.. (Attachments: # 1 Cover Sheet)(BES) (Entered: September 16, 2008)
September 15, 2008 2 Summons issued as to Ebay, Inc., Live Auctioneers, LLC, Matthew Ledwith, John Ralston. (BES) (Entered: September 16, 2008)
October 2, 2008 3 ENDORSED ORDER directing counsel to be admitted. Pursuant to the USDC - Middle District of Florida's Administrative Procedures for Electronic Filing in Civil and Criminal Cases, Section I(A) "... all documents filed in civil and criminal cases in this District... shall be filed electronically." Upon review of the file, the Court finds that JOHN BLAIN GIBBONS is not registered with the Court's CM/ECF filing system. Therefore, it is ORDERED AND ADJUDGED that counsel is directed to sign up for CM/ECF, enter an email address in their CM/ECF account, and electronically file a notice of compliance with this Court's Order within thirty (30) days. Failure to comply with this Order as directed will result in counsel being terminated from the docket sheet without further notice. If the referenced attorney is an out of state attorney who needs to apply to be admitted pro hac vice in this case, the motion to appear pro hac vice and designation of local counsel (pursuant to Local Rule 2.02), the special admission form and appropriate fee shall be submitted to the Court before CM/ECF access will be granted. Signed by Judge Richard A. Lazzara on 10/2/2008. (SKH) (Entered: October 2, 2008)
October 7, 2008 4 Unopposed MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Live Auctioneers, LLC, John Ralston. (Hasbun, Marcos) (Entered: October 7, 2008)
October 7, 2008 5 ENDORSED ORDER granting 4 Defendants' Unopposed MOTION for extension of time to file answer or otherwise plead. Defendants shall file their response on or before 11/3/08. Signed by Judge Richard A. Lazzara on 10/7/2008. (DMB) (Entered: October 7, 2008)
October 7, 2008 6 MOTION to extend time to respond to complaint by Ebay, Inc., Matthew Ledwith. (Mercier, Judith) (Entered: October 7, 2008)
October 8, 2008 7 ENDORSED ORDER granting 6 Motion to extend time to respond to complaint. Deadline extended to 10/27/08. Signed by Judge Richard A. Lazzara on 10/8/2008. (SKH) (Entered: October 8, 2008)
October 27, 2008 8 MOTION to dismiss Complaint Pursuant to Fed.R.Civ.Proc. 12(B)(2), (3), and (6) by Ebay, Inc., Matthew Ledwith. (Mercier, Judith) (Entered: October 27, 2008)
October 27, 2008 9 MOTION to transfer case Pursuant to 28 U.S.C. § 1404(a) by Ebay, Inc., Matthew Ledwith. (Mercier, Judith) (Entered: October 27, 2008)
October 27, 2008 10 DECLARATION of Melina K. Patterson re 9 MOTION to transfer case Pursuant to 28 U.S.C. § 1404(a), 8 MOTION to dismiss Complaint Pursuant to Fed.R.Civ.Proc. 12(B)(2), (3), and (6) by Ebay, Inc., Matthew Ledwith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mercier, Judith) (Entered: October 27, 2008)
October 27, 2008 11 NOTICE to the Courts to take judicial notice regarding 9 MOTION to transfer case Pursuant to 28 U.S.C. § 1404(a), 8 MOTION to dismiss Complaint Pursuant to Fed.R.Civ.Proc. 12(B)(2), (3), and (6) by Ebay, Inc., Matthew Ledwith. (Mercier, Judith) (Entered: October 27, 2008)
October 28, 2008 12 ENDORSED ORDER directing Plaintiffs to respond on or before 11/13/08 to Defendants' 8 Motion to Dismiss or alternative 9 Motion to Transfer. Signed by Judge Richard A. Lazzara on 10/28/2008. (DMB) (Entered: October 28, 2008)
October 28, 2008 13 Unopposed MOTION for Melina K. Patterson to appear pro hac vice by Ebay, Inc., Matthew Ledwith. (Attachments: # 1 Exhibit A)(Mercier, Judith) (Entered: October 28, 2008)
October 28, 2008 14 Unopposed MOTION for Heather C. Meservy to appear pro hac vice by Ebay, Inc., Matthew Ledwith. (Attachments: # 1 Exhibit A)(Mercier, Judith) (Entered: October 28, 2008)
October 28, 2008 15 Unopposed MOTION for Michael G. Rhodes to appear pro hac vice by Ebay, Inc., Matthew Ledwith. (Attachments: # 1 Exhibit A)(Mercier, Judith) (Entered: October 28, 2008)
October 28, 2008 16 ENDORSED ORDER granting 13 Defendants' unopposed motion to appear pro hac vice by Melina K. Patterson; granting 14 Defendants' unopposed motion to appear pro hac vice by Heather C. Meservy; granting 15 Defendants' unopposed motion to appear pro hac vice by Michael G. Rhodes. Signed by Judge Richard A. Lazzara on 10/28/2008. (Entered: October 28, 2008)
October 31, 2008 17 NOTICE by Windsor Auctions, Inc., Jewelry Auctions, Inc. re 2 Summons issued of Filing Returns of Service (Attachments: # 1 Exhibit A - eBay, # 2 Exhibit B - Live Auctioneers, LLC, # 3 Exhibit C - Matthew Ledwith, # 4 Exhibit D - John Ralston)(Quin, Paul) (Entered: October 31, 2008)
November 3, 2008 18 RETURN of service executed on 09/19/08 by Windsor Auctions, Inc., Jewelry Auctions, Inc. as to Ebay, Inc.. (Quin, Paul) (Entered: November 3, 2008)
November 3, 2008 19 RETURN of service executed on 09/19/08 by Windsor Auctions, Inc., Jewelry Auctions, Inc. as to Live Auctioneers, LLC. (Quin, Paul) (Entered: November 3, 2008)
November 3, 2008 20 RETURN of service executed on 09/18/08 by Windsor Auctions, Inc., Jewelry Auctions, Inc. as to Matthew Ledwith. (Quin, Paul) (Entered: November 3, 2008)
November 3, 2008 21 RETURN of service executed on 09/19/08 by Windsor Auctions, Inc., Jewelry Auctions, Inc. as to John Ralston. (Quin, Paul) (Entered: November 3, 2008)
November 3, 2008 22 MOTION to dismiss Complaint by Live Auctioneers, LLC, John Ralston. (Attachments: # 1 Affidavit of John Ralston as Corporate Representative, # 2 Affidavit John Ralston)(Hasbun, Marcos) (Entered: November 3, 2008)
November 4, 2008 23 ENDORSED ORDER directing Plaintiffs to respond to Defendants Live Auctioneers, LLC and John Ralston's Motion to Dismiss on or before 11/13/08. Signed by Judge Richard A. Lazzara on 11/4/2008. (DMB) (Entered: November 4, 2008)
November 13, 2008 24 RESPONSE in opposition re 8 MOTION to dismiss Complaint Pursuant to Fed.R.Civ.Proc. 12(B)(2), (3), and (6) filed by Windsor Auctions, Inc., Jewelry Auctions, Inc.. (Attachments: # 1 Exhibit A - Affidavit of Skibbee, # 2 Exhibit B - Redacted page 6 of eBay Agt)(Quin, Paul) (Entered: November 13, 2008)
November 13, 2008 25 MEMORANDUM in opposition re 22 Motion to dismiss filed by Windsor Auctions, Inc., Jewelry Auctions, Inc.. (Attachments: # 1 Exhibit A - Affidavit of Gregory J. Skibbee)(Quin, Paul) (Entered: November 14, 2008)
November 18, 2008 26 REPLY to response to motion re 22 MOTION to dismiss Complaint motion for leave to file reply filed by Live Auctioneers, LLC, John Ralston. (Hasbun, Marcos) (Entered: November 18, 2008)
November 18, 2008 27 NOTICE by Windsor Auctions, Inc., Jewelry Auctions, Inc. re 3 Order to comply with electronic filing and Notice of Appearance of John B. Gibbons (Gibbons, John) (Entered: 11/18/2008)
November 19, 2008 28 ENDORSED ORDER granting 26 Motion for Leave to File Reply. Signed by Judge Richard A. Lazzara on 11/19/2008. (SKH) Modified on 11/19/2008 (CH). NOTE: VACATED PER 29 ENDORSED ORDER (Entered: November 19, 2008)
November 19, 2008 29 ENDORSED ORDER vacating Dkt. 28 - - Endorsed Order granting Motion for Leave to File Reply. Ruling entered in error. The Motion for Leave to File Reply is DENIED. Signed by Judge Richard A. Lazzara on 11/19/2008. (SKH) (Entered: November 19, 2008)
November 20, 2008 30 CERTIFICATE of interested persons and corporate disclosure statement pursuant to F.R.C.P. Rule 7.1 by Windsor Auctions, Inc., Jewelry Auctions, Inc.. (Quin, Paul) (Entered: 11/20/2008)
November 20, 2008 31 MOTION for leave to file a Reply and Memorandum of Law in Support Thereof by Ebay, Inc., Matthew Ledwith. (Mercier, Judith) (Entered: November 20, 2008)
November 20, 2008 32 ENDORSED ORDER denying 31 Motion for Leave to File Reply. Signed by Judge Richard A. Lazzara on 11/20/2008. (CCB) (Entered: 11/20/2008)
November 20, 2008 33 CERTIFICATE of interested persons and corporate disclosure statement pursuant to F.R.C.P. Rule 7.1 by Live Auctioneers, LLC. (Hasbun, Marcos) (Entered: November 20, 2008)
November 26, 2008 34 ORDER ATTACHED granting 9 Defendants eBay Inc. and Matthew Ledwith's Motion to Transfer Pursuant to 28 U.S.C. § 1404(a). Defendants eBay and Ledwith's 8 Motion to Dismiss is denied as moot; Defendants Live Auctioneers, LLC and John Ralston's 22 Motion to Dismiss is denied as moot. The Clerk shall transfer this case to the United States District Court for the Northern District of California for all further proceedings. The Clerk is further directed to terminate any pending motions and close this case. Signed by Judge Richard A. Lazzara on 11/26/2008. (DMB) (Entered: November 26, 2008)
December 2, 2008 35 CASE TRANSFERRED in from United States District Court for the Middle District of Florida (Tampa); Case Number 8:08-cv-01816. Original File With Documents Numbered 1- 34, Certified Copy of Transfer Order & Docket Sheet Received. (Entered: December 4, 2008)
December 2, 2008 36 ADR SCHEDULING ORDER: Joint Case Management Statement due 3/2/2009 & InitialCase Management Conference set for 3/9/2009 at 4:00 PM.. (tn, COURT STAFF) (Filed on 12/2/2008) (Entered: 12/04/2008)
December 2, 2008 CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: December 4, 2008)
Docket Report Last Checked: December 5, 2008 15:06:28 PST
Search for this case: Windsor Auctions, Inc. et al v. Ebay, Inc. et al
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Plaintiff: Windsor Auctions, Inc.
Represented By: John Blain Gibbons, Paul M. Quin
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Plaintiff: Jewelry Auctions, Inc.
Represented By: Paul M. Quin
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Defendant: eBay, Inc.
Represented By: Judith M. Mercier, Heather C Meservy, Melina K. Patterson, Michael G. Rhodes
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Defendant: Live Auctioneers, LLC
Represented By: Marcos E. Hasbun
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Defendant: Matthew Ledwith
Represented By: Judith M. Mercier, Heather C Meservy, Melina K. Patterson, Michael G. Rhodes
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Defendant: John Ralston
Represented By: Marcos E. Hasbun
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