Roe et al v. Doe et al

Plaintiffs:Richard Roe, Richard Roe, II and Don A. Nelson
Defendants:John Doe, Mark Cuban and Dallas Basketball Ltd.
 
Case Number:3:2009cv00682
Filed:February 17, 2009
 
Court:California Northern District Court
Office:Assault Libel & Slander Office [ Court Info ]
County:Alameda
Presiding Judge:Hon. Phyllis J. Hamilton
Presiding Judge:Magistrate Judge Maria-Elena James
 
Nature of Suit:Torts - Injury - Assault, Libel, and Slander
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Personal Injury
Date Filed # Docket Text
February 17, 2009 1 NOTICE OF REMOVAL /no process from Alameda County Superior Court. Their case number is RG 08410275. (Filing fee $350 receipt number 34611028908). Filed byDallas Basketball Ltd., Mark Cuban. (Attachments: # 1 Civil Cover Sheet)(ga, COURT STAFF) (Filed on 2/17/2009) (Entered: February 19, 2009)
February 17, 2009 2 Appendix re 1 Notice of Removal, filed byDallas Basketball Ltd., Mark Cuban. (ga, COURT STAFF) (Filed on 2/17/2009) (far, COURT STAFF). (Entered: February 19, 2009)
February 17, 2009 3 Certificate of Interested Entities by Dallas Basketball Ltd., Mark Cuban re 1 Notice of Removal, (ga, COURT STAFF) (Filed on 2/17/2009) (Entered: February 19, 2009)
February 17, 2009 4 ADR SCHEDULING ORDER: Case Management Statement due by 5/21/2009. Case Management Conference set for 5/28/2009 10:00 AM.. Signed by Judge Maria-Elena James on 2/17/09. (Attachments: # 1 Standing Order)(ga, COURT STAFF) (Filed on 2/17/2009) (Entered: February 19, 2009)
February 17, 2009   CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 2/17/2009) (Entered: February 19, 2009)
February 18, 2009 5 CERTIFICATE OF SERVICE by Dallas Basketball Ltd., Mark Cuban re 3 Certificate of Interested Entities, 4 ADR Scheduling Order, 2 Appendix, 1 Notice of Removal, (ga, COURT STAFF) (Filed on 2/18/2009) (Entered: February 19, 2009)
February 18, 2009 6 Declination to Proceed Before a U.S. Magistrate Judge by Dallas Basketball Ltd., Mark Cuban. (ga, COURT STAFF) (Filed on 2/18/2009) (Entered: February 19, 2009)
February 19, 2009 7 MOTION for attorney Charles L. Babcock leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611029022.) filed by Dallas Basketball Ltd., Mark Cuban. (ga, COURT STAFF) (Filed on 2/19/2009) (Entered: February 20, 2009)
February 19, 2009 8 MOTION for attorney Amanda L. Bush leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611029022.) filed by Dallas Basketball Ltd., Mark Cuban. (ga, COURT STAFF) (Filed on 2/19/2009) (Entered: February 20, 2009)
February 19, 2009 9 CERTIFICATE OF SERVICE by Dallas Basketball Ltd., Mark Cuban re 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611029022.), 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611029022.) (ga, COURT STAFF) (Filed on 2/19/2009) (Entered: February 20, 2009)
February 23, 2009 10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bjt, COURT STAFF) (Filed on 2/23/2009) (Entered: February 23, 2009)
February 23, 2009 11 MOTION to Strike 1 Complaint Pursuant to California Code of Civil Procedure § 425.16 filed by Dallas Basketball Ltd., Mark Cuban. (Hebert, William) (Filed on 2/23/2009) Modified on 2/26/2009 (far, COURT STAFF). (Entered: February 23, 2009)
February 23, 2009 12 Declaration of Amanda Bush in Support of 11 MOTION to Strike Complaint Pursuant to California Code of Civil Procedure § 425.16 filed byDallas Basketball Ltd., Mark Cuban. (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)(Related document(s) 11 ) (Hebert, William) (Filed on 2/23/2009) (Entered: February 23, 2009)
February 23, 2009 13 Proposed Order re 11 MOTION to Strike Complaint Pursuant to California Code of Civil Procedure § 425.16 by Dallas Basketball Ltd., Mark Cuban. (Hebert, William) (Filed on 2/23/2009) (Entered: February 23, 2009)
February 23, 2009 14 ANSWER to 1 Notice of Removal (Plaintiff's First Amended Complaint for Damages) filed by Dallas Basketball Ltd., Mark Cuban. (Hebert, William) (Filed on 2/23/2009) Modified on 2/26/2009 (far, COURT STAFF). (Entered: February 23, 2009)
February 24, 2009 15 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Judge Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 2/24/09. (as, COURT STAFF) (Filed on 2/24/2009) (Entered: February 24, 2009)
February 24, 2009 16 Proposed Order Granting Application of Admission of Charles Babcock Pro Hac Vice re 7 Motion for Pro Hac Vice by Dallas Basketball Ltd., Mark Cuban. (Hebert, William) (Filed on 2/24/2009) Modified on 2/24/2009 (far, COURT STAFF). (Entered: February 24, 2009)
February 24, 2009 17 Proposed Order Granting Application for Admission of Amanda Bush Pro Hac Vice re 8 Motion for Pro Hac by Dallas Basketball Ltd., Mark Cuban. (Hebert, William) (Filed on 2/24/2009) Modified on 2/24/2009 (far, COURT STAFF). (Entered: February 24, 2009)
February 24, 2009 18 Renotice motion hearing re 11 Defendants' Special Motion to Strike Complaint Pursuant to California Code of Civil Procedure Section 425.16 filed by Dallas Basketball Ltd., Mark Cuban. Motion Hearing set for 4/22/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Hebert, William) (Filed on 2/24/2009) Modified on 2/24/2009 (far, COURT STAFF). (Entered: February 24, 2009)
February 24, 2009   Set/Reset Deadlines as to 11 MOTION to Strike Complaint Pursuant to California Code of Civil Procedure § 425.16. Motion Hearing set for 4/22/2009 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (far, COURT STAFF) (Filed on 2/24/2009) (Entered: February 24, 2009)
February 25, 2009 19 ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 2/25/09. (nah, COURT STAFF) (Filed on 2/25/2009) (Entered: February 25, 2009)
February 25, 2009   Set Deadlines/Hearings: Joint Case Management Statement due by 5/21/2009. Initial Case Management Conference set for 5/28/2009 02:30 PM. (nah, COURT STAFF) (Filed on 2/25/2009) (Entered: 02/25/2009)
February 25, 2009 20 ORDER GRANTING APPLICATION FOR ADMISSION FOR ATTORNEY PRO HAC VICE by Judge Phyllis J. Hamilton granting 7 Motion for Pro Hac Vice for Charles L. Babcock. (nah, COURT STAFF) (Filed on 2/25/2009) (Entered: February 25, 2009)
February 25, 2009 21 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge Phyllis J. Hamilton granting 8 Motion for Pro Hac Vice for Amanda L. Bush. (nah, COURT STAFF) (Filed on 2/25/2009) (Entered: February 25, 2009)
February 26, 2009 22 CLERKS NOTICE re: Appendix 2 ; Failure to E-File and/or Failure to Register as an E-Filer (far, COURT STAFF) (Filed on 2/26/2009) (Entered: February 26, 2009)
March 19, 2009 23 First Amended ANSWER to 1 Complaint with Jury Demand by Dallas Basketball Ltd., Mark Cuban. (Bush, Amanda) (Filed on 3/19/2009) Modified on 3/20/2009 (far, COURT STAFF). (Entered: March 19, 2009)
April 1, 2009 24 Memorandum in Opposition to 11 Defendants' Special Motion to Strike filed by Richard Roe, Richard Roe, II, Don A. Nelson. (Attachments: # 1 Supplement Declaration of John O'Connor, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20c, # 22 Exhibit Exhibit 20a, # 23 Proposed Order Proposed Order)(O'Connor, John) (Filed on 4/1/2009) Modified on 4/2/2009 (far, COURT STAFF). (Entered: April 1, 2009)
April 8, 2009 25 Reply to Opposition re 11 MOTION to Strike 1 Complaint Pursuant to California Code of Civil Procedure § 425.16 filed byDallas Basketball Ltd., Mark Cuban. (Bush, Amanda) (Filed on 4/8/2009) (Entered: April 8, 2009)
April 15, 2009 26 MOTION to Strike 25 Reply to Response to Special Motion to Strike filed by Don A. Nelson. Motion Hearing set for 4/22/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (O'Connor, John) (Filed on 4/15/2009) Modified on 4/16/2009 (far, COURT STAFF). (Entered: April 15, 2009)
April 20, 2009 27 ORDER Granting Plaintiff's Request to Conduct Discovery and Vacating Hearing Date. Signed by Judge Hamilton on April 20, 2009. (pjhlc4, COURT STAFF) (Filed on 4/20/2009) (Entered: 04/20/2009)
May 19, 2009 28 STIPULATION of the Parties to Continue the Case Management Conference by Dallas Basketball Ltd., Mark Cuban. (Attachments: # 1 Proposed Order Continuing CMC)(Bush, Amanda) (Filed on 5/19/2009) (Entered: May 19, 2009)
May 21, 2009 29 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 28 Stipulation filed by Dallas Basketball Ltd., Mark Cuban. Signed by Judge Phyllis J. Hamilton on 5/21/09. (nah, COURT STAFF) (Filed on 5/21/2009) (Entered: May 21, 2009)
May 21, 2009   Set Deadlines/Hearings: Joint Case Management Statement due by 6/25/2009. Case Management Conference set for 7/2/2009 02:30 PM. (nah, COURT STAFF) (Filed on 5/21/2009) (Entered: 05/21/2009)
June 3, 2009 30 Memorandum in Opposition to Defendant's Special Motion to Strike filed byDon A. Nelson. (O'Connor, John) (Filed on 6/3/2009) (Entered: June 3, 2009)
June 3, 2009 31 DECLARATION of John D. O'Connor in Opposition to Defendant's Special Motion to Strike filed byDon A. Nelson. (Attachments: # 1 Exhibit Exh. 101 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 2 Exhibit Exh. 102 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 3 Exhibit Exh. 103 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 4 Exhibit Exh. 104 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 5 Exhibit Exh. 105 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 6 Exhibit Exh. 106 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 7 Exhibit Exh. 107 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike, # 8 Exhibit Exh. 108 to Supplemental Declaration of John D. O'Connor in Opposition to Defendant's Special Motion to Strike)(O'Connor, John) (Filed on 6/3/2009) (Entered: June 3, 2009)
June 12, 2009 32 REPLY to Response to Motion re 11 MOTION to Strike 1 Complaint Pursuant to California Code of Civil Procedure § 425.16 filed byMark Cuban, Dallas Basketball Ltd.. (Attachments: # 1 Exhibit 11)(Bush, Amanda) (Filed on 6/12/2009) (Entered: June 12, 2009)
June 15, 2009 33 ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 6/15/2009) (Entered: June 15, 2009)
June 21, 2009 34 STIPULATION of the Parties to Continue Case Management Conference by Mark Cuban, Dallas Basketball Ltd.. (Attachments: # 1 Proposed Order Proposed Order Continuing Case Management Conference)(Bush, Amanda) (Filed on 6/21/2009) (Entered: June 21, 2009)
June 25, 2009 35 REPORT of Rule 26(f) Planning Meeting of Case Management. (Hebert, William) (Filed on 6/25/2009) (Entered: June 25, 2009)
June 30, 2009 36 ORDER by Judge Hamilton Granting 11 Special Motion to Strike; Granting 26 Motion to Strike. (pjhlc4, COURT STAFF) (Filed on 6/30/2009) (Entered: June 30, 2009)
June 30, 2009 37 JUDGMENT. Signed by Judge Hamilton on June 30, 2009. (pjhlc4, COURT STAFF) (Filed on 6/30/2009) (Entered: June 30, 2009)
July 13, 2009 38 MOTION for Attorney Fees and Costs Under CCP 425.16(c) filed by Mark Cuban, Dallas Basketball Ltd.. Motion Hearing set for 8/26/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Bush, Amanda) (Filed on 7/13/2009) (Entered: July 13, 2009)
July 29, 2009 39 NOTICE OF APPEAL as to 36 Order on Motion to Strike, 37 Judgment by Don A. Nelson, Richard Roe, Richard Roe, II.; FEE NOT PAID.(far, COURT STAFF) (Filed on 7/29/2009) (Entered: August 3, 2009)
August 3, 2009   APPEAL Filing fee: $ 455.00, receipt number 34611035054. (far, COURT STAFF) (Filed on 8/3/2009) (Entered: August 7, 2009)
August 4, 2009 40 STIPULATION of the Parties Regarding Attorneys' Fees and Stay of Enforcement of Judgment of Same Without Plaintiff Posting a Supersedeas Bond if Final Judgment is Timely Appealed by Mark Cuban, Dallas Basketball Ltd.. (Attachments: # 1 Proposed Order)(Bush, Amanda) (Filed on 8/4/2009) (Entered: 08/04/2009)
August 17, 2009 41 ORDER AWARDING DEFENDANTS' ATTORNEYS' FEES AND COSTS AND STAYING ENFORCEMENT OF JUDGMENT OF SAME WITHOUT PLAINTIFF POSTING A SUPERSEDEAS BOND IF FINAL JUDGMENT IS TIMELY APPEALED re 40 Stipulation, filed by Dallas Basketball Ltd., Mark Cuban. Signed by Judge Phyllis J. Hamilton on 8/17/09. (nah, COURT STAFF) (Filed on 8/17/2009) (Entered: August 17, 2009)
August 19, 2009 42 USCA Case Number 09-16637 9th Circuit for 39 Notice of Appeal filed by Don A. Nelson, Richard Roe, II, Richard Roe. (far, COURT STAFF) (Filed on 8/19/2009) (Entered: August 19, 2009)
September 9, 2009 43 CLERKS NOTICE Effective September 14, 2009, Judge Phyllis Hamilton's courtroom and chambers will be located in the Oakland Courthouse, Courtroom #3, 3rd floor, 1301 Clay Street, Oakland, California 94612. On or after September 14, 2009, all filings for matters pending on Judge Hamiltons docket, all court appearances, and all deliveries of chambers' copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged. Please note that all of Judge Hamilton's case files will be moved to the Oakland Courthouse, therefore all cases numbers assigned to her will be changed slightly to reflect the correct venue. Previously, all case numbers started with "3:" to indicate the San Francisco office (Example: 3:09-cv-12345-PJH). As of September 14th, 2009, all of Judge Hamilton's case files will begin with "4:" to indicate the Oakland office, but everything else will stay the same (Example: 4:09-cv-12345-PJH). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 09-12345 (YY-NNNNN). For information on the Oakland Courthouse's accessibility, parking, driving directions, public transit, hotels and other helpful links, please visit our website: http://www.cand.uscourts.gov, click on "Court Information" on the right hand side of our main page, then select the Oakland link under "Address and Jurisdiction". The main telephone number for the Oakland Division is 510 637-3530. (rcs, COURT STAFF) (Filed on 9/9/2009) (Entered: September 9, 2009)
September 11, 2009 44 CLERKS NOTICE Effective September 14, 2009, Judge Phyllis Hamilton's courtroom and chambers will be located in the Oakland Courthouse, Courtroom #3, 3rd floor, 1301 Clay Street, Oakland, California 94612. On or after September 14, 2009, all filings for matters pending on Judge Hamiltons docket, all court appearances, and all deliveries of chambers' copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged. Please note that all of Judge Hamilton's case files will be moved to the Oakland Courthouse, therefore all cases numbers assigned to her will be changed slightly to reflect the correct venue. Previously, all case numbers started with "3:" to indicate the San Francisco office (Example: 3:09-cv-12345-PJH). As of September 14th, 2009, all of Judge Hamilton's case files will begin with "4:" to indicate the Oakland office, but everything else will stay the same (Example: 4:09-cv-12345-PJH). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 09-12345 (YY-NNNNN). For information on the Oakland Courthouse's accessibility, parking, driving directions, public transit, hotels and other helpful links, please visit our website: http://www.cand.uscourts.gov, click on "Court Information" on the right hand side of our main page, then select the Oakland link under "Address and Jurisdiction". The main telephone number for the Oakland Division is 510 637-3530. (ga, COURT STAFF) (Filed on 9/11/2009) (Entered: September 11, 2009)
October 27, 2009 45 Stipulation to Dismiss with Prejudice by Don A. Nelson (O'Connor, John) (Filed on 10/27/2009) Modified on 10/28/2009 (vlk, COURT STAFF). (Entered: October 27, 2009)
October 27, 2009 46 Proposed Order re 45 Notice of Voluntary Dismissal Stipulation to Dismiss with Prejudice by Don A. Nelson. (O'Connor, John) (Filed on 10/27/2009) (Entered: October 27, 2009)
November 6, 2009 47 MANDATE of USCA as to 39 Notice of Appeal filed by Don A. Nelson (vlk, COURT STAFF) (Filed on 11/6/2009) (Entered: November 6, 2009)
November 6, 2009 48 See document 49 for correct attachment CLERKS Letter Spreading Mandate to Counsel (vlk, COURT STAFF) (Filed on 11/6/2009) Modified on 11/10/2009 (vlk, COURT STAFF). (Entered: November 6, 2009)
November 10, 2009 49 CLERKS Letter Spreading Mandate to Counsel (vlk, COURT STAFF) (Filed on 11/10/2009) (Entered: November 10, 2009)
November 20, 2009 50 NOTICE of Voluntary Dismissal Stipulation by Don A. Nelson (O'Connor, John) (Filed on 11/20/2009) (Entered: November 20, 2009)
Docket Report Last Checked: November 22, 2009 16:05:42 PST
Search for this case: Roe et al v. Doe et al
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Plaintiff: Richard Roe
Represented By: Bradley P. Kaplan
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Plaintiff: Richard Roe, II
Represented By: Bradley P. Kaplan
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Plaintiff: Don A. Nelson
Represented By: Bradley P. Kaplan
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Defendant: John Doe
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Defendant: Mark Cuban
Represented By: Charles L. Babcock, IV, Amanda L. Bush, William N. Hebert
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Defendant: Dallas Basketball Ltd.
Represented By: Charles L. Babcock, IV, Amanda L. Bush, William N. Hebert
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