Fleming v. Matco Tools Corporation et al
Plaintiff: John Fleming
Defendant: NMTC, Inc. d/b/a Matco Tools, Fortive Corporation and Matco Tools Corporation
Case Number: 3:2019cv00463
Filed: January 25, 2019
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Nature of Suit: Labor: Other
Cause of Action: 05 U.S.C. § 704
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2019 Filing 26 OPPOSITION/RESPONSE (re #25 ADMINISTRATIVE MOTION re #22 Reply to Opposition/Response,, for Leave to File Sur-Reply ) filed byFortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (Attachments: #1 Proposed Order)(Lloyd, Eric) (Filed on 3/25/2019)
March 19, 2019 Filing 25 OBJECTION TO REPLY EVIDENCE AND ADMINISTRATIVE MOTION FOR LEAVE TO FILE SUR-REPLY re #22 Reply to Opposition/Response, for Leave to File Sur-Reply filed by John Fleming. Responses due by 3/25/2019. (Attachments: #1 Declaration of Valerie Brender ISO Plaintiff's Objection to Reply and Administrative Motion for Leave to File Sur-Reply, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order Granting Plaintiff's Administrative Motion for Leave to File Sur-Reply)(Brender, Valerie) (Filed on 3/19/2019) Modified on 3/20/2019 (aaaS, COURT STAFF).
March 15, 2019 Filing 24 NOTICE of Appearance by Christian Joseph Rowley (Rowley, Christian) (Filed on 3/15/2019)
March 15, 2019 Filing 23 CLERK'S NOTICE - Motion Hearing as to #16 MOTION to Dismiss and Case Management Conference reset for 4/24/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Case Management Statement due 4/17/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 3/15/2019)
March 12, 2019 Filing 22 REPLY (re #16 MOTION to Dismiss ) , or, in the Alternative, Transfer Venue to the U.S. District Court for the Northern District of Ohio [Forum Non Conveniens] filed byFortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (Attachments: #1 Defendants' Supplemental Request for Judicial Notice Supporting Reply in Support of Motion to Dismiss, or, in the Alternative, Transfer Venue to the U.S. District Court for the Northern District of Ohio [Forum Non Conveniens])(Lloyd, Eric) (Filed on 3/12/2019)
March 5, 2019 Filing 21 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss ) filed byJohn Fleming. (Attachments: #1 Declaration of John Fleming, #2 Exhibit 1, #3 Exhibit 2)(Brender, Valerie) (Filed on 3/5/2019)
March 5, 2019 Filing 20 NOTICE by Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools re #16 MOTION to Dismiss [Defendants' Notice of Change Hearing Date on Motion to Dismiss, or, in the Alternative, Transfer Venue [Forum Non Conveniens]] (Goodin, Matthew) (Filed on 3/5/2019)
February 19, 2019 Filing 19 Corporate Disclosure Statement by Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools identifying Corporate Parent Fortive Corporation for Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (CORRECTION OF DOCKET #18 (Lloyd, Eric) (Filed on 2/19/2019)
February 19, 2019 Filing 18 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER #19 FOR THE CORRECTION Corporate Disclosure Statement by Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools identifying Corporate Parent Fortive Corporation for Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (Lloyd, Eric) (Filed on 2/19/2019) Modified on 2/20/2019 (aaaS, COURT STAFF).
February 19, 2019 Filing 17 Certificate of Interested Entities by Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools identifying Corporate Parent Fortive Corporation for Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (Lloyd, Eric) (Filed on 2/19/2019)
February 19, 2019 Filing 16 MOTION to Dismiss filed by Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. Motion Hearing set for 4/3/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 3/5/2019. Replies due by 3/12/2019. (Attachments: #1 Declaration of Mike Swanson, #2 Exhibit 1 to Declaration of Mike Swanson, #3 Exhibit 2 to Declaration of Mike Swanson, #4 Exhibit Exhibit 3 to Declaration of Mike Swanson, #5 Exhibit 4 and 5 to Declaration of Mike Swanson, #6 Request for Judicial Notice, #7 Proposed Order)(Lloyd, Eric) (Filed on 2/19/2019)
February 14, 2019 Filing 15 Certificate of Interested Entities by John Fleming (Brender, Valerie) (Filed on 2/14/2019)
February 13, 2019 Filing 14 CERTIFICATE OF SERVICE by John Fleming Proof of Service re: Case Management Conference Order (Brender, Valerie) (Filed on 2/13/2019)
February 6, 2019 Filing 13 CERTIFICATE OF SERVICE by John Fleming Proof of Service for Defendant Fortive Corporation (Brender, Valerie) (Filed on 2/6/2019)
February 6, 2019 Filing 12 CERTIFICATE OF SERVICE by John Fleming Proof of Service for Defendant NMTC, Inc., d/b/a Matco Tools (Brender, Valerie) (Filed on 2/6/2019)
February 6, 2019 Filing 11 CERTIFICATE OF SERVICE by John Fleming Proof of Service for Defendant Matco Tools Corporation (Brender, Valerie) (Filed on 2/6/2019)
February 5, 2019 Opinion or Order Filing 10 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 4/30/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/23/2019. Signed by Judge William H. Orrick on 02/05/2019. (jmdS, COURT STAFF) (Filed on 2/5/2019)
February 5, 2019 Filing 9 Case REASSIGNED to Judge William H. Orrick. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 2/5/2019)
February 5, 2019 Filing 8 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 2/5/2019)
February 4, 2019 Filing 7 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 2/4/2019)
February 4, 2019 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Fleming.. (Brender, Valerie) (Filed on 2/4/2019)
January 28, 2019 Filing 5 Summons Issued as to Fortive Corporation, Matco Tools Corporation, NMTC, Inc. d/b/a Matco Tools. (sfbS, COURT STAFF) (Filed on 1/28/2019)
January 28, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 4/24/2019. Initial Case Management Conference set for 5/1/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 1/28/2019)
January 25, 2019 Filing 3 Case assigned to Judge Nathanael M. Cousins. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/8/2019. (bwS, COURT STAFF) (Filed on 1/25/2019)
January 25, 2019 Filing 2 Proposed Summons. (Brender, Valerie) (Filed on 1/25/2019)
January 25, 2019 Filing 1 COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 400, receipt number 0971-13037046.). Filed byJohn Fleming. (Attachments: #1 Civil Cover Sheet)(Brender, Valerie) (Filed on 1/25/2019)

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Defendant: NMTC, Inc. d/b/a Matco Tools
Represented By: Eric Michael Lloyd
Represented By: Matthew A. Goodin
Represented By: Christian Joseph Rowley
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Defendant: Fortive Corporation
Represented By: Eric Michael Lloyd
Represented By: Matthew A. Goodin
Represented By: Christian Joseph Rowley
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Defendant: Matco Tools Corporation
Represented By: Eric Michael Lloyd
Represented By: Matthew A. Goodin
Represented By: Christian Joseph Rowley
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Plaintiff: John Fleming
Represented By: Valerie Jean Brender
Represented By: Dylan Thomas Cowart
Represented By: Peter Scott Rukin
Represented By: Jessica Lee Riggin
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