Maciel et al v. Flowers Foods, Inc. et al
Plaintiff: Maciel Distribution, Inc. and Jose Maciel
Defendant: Flowers Foods, Inc., Flowers Finance, LLC and Flowers Bakeries, LLC
Case Number: 3:2020cv03814
Filed: June 10, 2020
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Nature of Suit: Labor: Fair Standards
Cause of Action: 15 U.S.C. § 1938
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2020 Filing 21 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ,Transfer, or Stay This Case Under the First-to-File Rule ) filed byJose Maciel, Maciel Distribution, Inc.. (Attachments: #1 Declaration of Ethan T. Litney in Support of Plaintiffs' Opposition, #2 Exhibit 1 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #3 Exhibit 2 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #4 Exhibit 3 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #5 Exhibit 4 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #6 Exhibit 5 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #7 Exhibit 6 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #8 Exhibit 7 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #9 Exhibit 8 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #10 Exhibit 9 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #11 Exhibit 10 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition, #12 Exhibit 11 to the Declaration of of Ethan T. Litney in Support of Plaintiffs' Opposition)(Litney, Ethan) (Filed on 8/6/2020)
August 6, 2020 Filing 20 NOTICE of Appearance by Ethan Thomas Litney for Plaintiffs Jose Maciel and Maciel Distribution, Inc. (Litney, Ethan) (Filed on 8/6/2020)
August 3, 2020 Filing 19 NOTICE by Jose Maciel, Maciel Distribution, Inc. Re: FLSA Consent Forms (Attachments: #1 Exhibit A - Salvador Rosales, #2 Exhibit B - Narciso Arocho, #3 Exhibit C - Josue Vargas, #4 Exhibit D - Francisco Prieto, #5 Exhibit E - Cyndi Vitko, #6 Exhibit F - Tracy Speights, #7 Exhibit G - James Falciani, #8 Exhibit H - Matt Smith)(Markley, Shaun) (Filed on 8/3/2020)
July 23, 2020 Filing 18 MOTION to Dismiss ,Transfer, or Stay This Case Under the First-to-File Rule filed by Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc.. Motion Hearing set for 9/30/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/6/2020. Replies due by 8/13/2020. (Attachments: #1 Declaration of Jared L. Palmer in Support of Motion to Dismiss, Transfer, or Stay This Case Under the First-to-File Rule, #2 Exhibit 1 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #3 Exhibit 2 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #4 Exhibit 3 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #5 Exhibit 4 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #6 Exhibit 5 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #7 Exhibit 6 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #8 Exhibit 7 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #9 Exhibit 8 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #10 Exhibit 9 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #11 Exhibit 10 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #12 Exhibit 11 to Declaration of Jared L. Palmer ISO Mtn to Dismiss et al., #13 Proposed Order Granting Defendants' Motion to Dismiss Transfer, or Stay This Case Under the First-to-File Rule)(Palmer, Jared) (Filed on 7/23/2020)
July 23, 2020 Filing 17 NOTICE by Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc. of Pendency of Other Action or Proceeding (Local Rule 3-13) (Palmer, Jared) (Filed on 7/23/2020)
July 2, 2020 Filing 16 Rule 7.1 Disclosures by Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc. identifying Corporate Parent Flowers Foods, Inc. for Flowers Bakeries, LLC, Flowers Finance, LLC. (Palmer, Jared) (Filed on 7/2/2020)
July 2, 2020 Filing 15 Certificate of Interested Entities by Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc. identifying Corporate Parent Flowers Foods, Inc. for Flowers Bakeries, LLC, Flowers Finance, LLC. (Palmer, Jared) (Filed on 7/2/2020)
July 2, 2020 Filing 14 ANSWER to Complaint with Jury Demand byFlowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Filed on 7/2/2020)
June 30, 2020 Filing 13 SUMMONS Returned Executed by Jose Maciel, Maciel Distribution, Inc.. Flowers Foods, Inc. served on 6/12/2020, answer due 7/6/2020. (Tomasevic, Alex) (Filed on 6/30/2020)
June 30, 2020 Filing 12 SUMMONS Returned Executed by Jose Maciel, Maciel Distribution, Inc.. Flowers Finance, LLC served on 6/12/2020, answer due 7/6/2020. (Tomasevic, Alex) (Filed on 6/30/2020)
June 30, 2020 Filing 11 SUMMONS Returned Executed by Jose Maciel, Maciel Distribution, Inc.. Flowers Bakeries, LLC served on 6/12/2020, answer due 7/6/2020. (Tomasevic, Alex) (Filed on 6/30/2020)
June 26, 2020 Opinion or Order Filing 10 CASE MANAGEMENT CONFERENCE ORDER - Initial Case Management Conference set for 9/8/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 9/1/2020. Signed by Judge William H. Orrick on 06/26/2020. (jmdS, COURT STAFF) (Filed on 6/26/2020)
June 26, 2020 Opinion or Order Filing 9 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 6/26/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 6/26/2020)
June 25, 2020 Filing 8 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 6/25/2020)
June 24, 2020 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jose Maciel, Maciel Distribution, Inc... (Tomasevic, Alex) (Filed on 6/24/2020)
June 24, 2020 Filing 6 NOTICE of Appearance by Craig McKenzie Nicholas for Plaintiffs (Nicholas, Craig) (Filed on 6/24/2020)
June 11, 2020 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the 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 9/4/2020 . Initial Case Management Conference set for 9/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (elyS, COURT STAFF) (Filed on 6/11/2020)
June 11, 2020 Filing 4 Summons Issued as to Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc.. (elyS, COURT STAFF) (Filed on 6/11/2020)
June 10, 2020 Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 6/24/2020. (bwS, COURT STAFF) (Filed on 6/10/2020)
June 10, 2020 Filing 2 Proposed Summons. (Tomasevic, Alex) (Filed on 6/10/2020)
June 10, 2020 Filing 1 COMPLAINT (Class Action) against Flowers Bakeries, LLC, Flowers Finance, LLC, Flowers Foods, Inc. ( Filing fee $ 400, receipt number 0971-14563550.). Filed byJose Maciel, Maciel Distribution, Inc.. (Attachments: #1 Civil Cover Sheet)(Tomasevic, Alex) (Filed on 6/10/2020)

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Plaintiff: Maciel Distribution, Inc.
Represented By: Alex Michael Tomasevic
Represented By: Shaun Andrew Markley
Represented By: Ethan Thomas Litney
Represented By: Craig McKenzie Nicholas
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Plaintiff: Jose Maciel
Represented By: Alex Michael Tomasevic
Represented By: Shaun Andrew Markley
Represented By: Ethan Thomas Litney
Represented By: Craig McKenzie Nicholas
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Defendant: Flowers Foods, Inc.
Represented By: Alexander Miller Chemers
Represented By: Francis Lawrence Tobin
Represented By: Jared Lee Palmer
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Defendant: Flowers Finance, LLC
Represented By: Alexander Miller Chemers
Represented By: Francis Lawrence Tobin
Represented By: Jared Lee Palmer
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Defendant: Flowers Bakeries, LLC
Represented By: Alexander Miller Chemers
Represented By: Francis Lawrence Tobin
Represented By: Jared Lee Palmer
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