A.W.S. v. Johnston et al
Plaintiff: A.W.S.
Defendant: Iain D. Johnston, OCTC and United States
Case Number: 4:2022cv04718
Filed: August 17, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Sallie Kim
Referring Judge: Jeffrey S White
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1442 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2022 Opinion or Order Filing 27 ORDER DENYING MOTION TO REMAND Re: Dkt. No. #6 , #14 , #17 . Signed by Judge Jeffrey S. White on October 4, 2022. (dts, COURT STAFF) (Filed on 10/4/2022)
September 27, 2022 Opinion or Order Filing 26 REPLY (re #6 MOTION to Remand ) in response to dkt. 25, response to object to Plaintiff's requests for judicial notice filed byA.W.S.. (Shalaby, Andrew) (Filed on 9/27/2022)
September 26, 2022 Opinion or Order Filing 25 OBJECTIONS to re #24 Request for Judicial Notice, by United States. (Johann, Pamela) (Filed on 9/26/2022)
September 18, 2022 Opinion or Order Filing 24 Request for Judicial Notice re #23 Reply to Opposition/Response filed byA.W.S.. (Attachments: #1 Exhibit A - dkt 7/23/20 in case 23-4315 (ILND), #2 Exhibit B - AOB in appeal 20-2689, #3 Exhibit C - appellate decision in 20-2689, #4 Exhibit D - dkt for appeal 22-2111 (Bailey case))(Related document(s) #23 ) (Shalaby, Andrew) (Filed on 9/18/2022)
September 18, 2022 Opinion or Order Filing 23 REPLY (re #6 MOTION to Remand ) filed byA.W.S.. (Shalaby, Andrew) (Filed on 9/18/2022)
September 16, 2022 Opinion or Order Filing 22 Declaration of Thomas G. Bruton in Support of #21 Opposition/Response to Motion to Remand filed byUnited States. (Attachments: #1 Exhibit A)(Related document(s) #21 ) (Johann, Pamela) (Filed on 9/16/2022)
September 16, 2022 Opinion or Order Filing 21 OPPOSITION/RESPONSE (re #6 MOTION to Remand ) filed byUnited States. (Johann, Pamela) (Filed on 9/16/2022)
August 31, 2022 Opinion or Order Filing 20 Renotice motion hearing re #6 MOTION to Remand filed byA.W.S.. (Related document(s) #6 ) (Shalaby, Andrew) (Filed on 8/31/2022)
August 31, 2022 Opinion or Order Set/Reset Deadlines as to #6 MOTION to Remand . Motion Hearing set for 10/14/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (dts, COURT STAFF) (Filed on 8/31/2022)
August 30, 2022 Opinion or Order Filing 19 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on August 30, 2022. Joint Case Management Statement due by 11/25/2022. Initial Case Management Conference set for 12/2/2022 11:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argu ment at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jswcrd@cand.uscourts.gov no later than December 1, 2022 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (Filed on 8/30/2022)
August 30, 2022 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to 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 Clerk on 08/30/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 8/30/2022)
August 29, 2022 Opinion or Order Filing 17 Ex Parte Application re #16 Order , to correct portion of order stating that there are three defendants, and stating in error that the "United States" is a defendant filed by A.W.S.. (Shalaby, Andrew) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Filing 16 ORDER Regarding Consent. Signed by Judge Sallie Kim on August 29, 2022. (sklc1, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Filing 15 PLEASE DISREGARD. ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to 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 Clerk on 08/29/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 8/29/2022) Modified on 8/29/2022 (mbc, COURT STAFF).
August 29, 2022 Opinion or Order Filing 14 Ex Parte Application re #5 Consent/Declination to Proceed Before a US Magistrate Judge, #12 Consent/Declination to Proceed Before a US Magistrate Judge, 13 Clerk's Notice of Impending Reassignment - Text Only,,, plaintiff moves to dismiss OCTC without prejudice filed by A.W.S.. (Attachments: #1 Proposed Order dismissing OCTC)(Shalaby, Andrew) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Filing 13 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 either (1) a party (Defendant OCTC) has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Case Reassigned to Magistrate Judge Sallie Kim. Judge Jeffrey S. White no longer assigned to the case. (mbc, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Set/Reset Deadlines as to #6 MOTION to Remand . Responses due by 9/16/2022. Replies due by 9/23/2022. Motion Hearing set for 10/17/2022 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. (mkl, COURT STAFF) (Filed on 8/29/2022)
August 26, 2022 Opinion or Order Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States.. (Johann, Pamela) (Filed on 8/26/2022)
August 23, 2022 Opinion or Order Filing 11 Order by Magistrate Judge Sallie Kim granting #10 Stipulation.(sklc1, COURT STAFF) (Filed on 8/23/2022)
August 23, 2022 Opinion or Order Filing 10 STIPULATION WITH PROPOSED ORDER re Response Date and Briefing Schedule filed by United States. (Attachments: #1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 8/23/2022)
August 19, 2022 Opinion or Order Filing 9 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 8/26/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 8/26/2022. (mkl, COURT STAFF) (Filed on 8/19/2022)
August 19, 2022 Opinion or Order Filing 8 ERRATA re #6 MOTION to Remand minor correction (immaterial) by A.W.S.. (Shalaby, Andrew) (Filed on 8/19/2022)
August 19, 2022 Opinion or Order Filing 7 Proposed Order re #6 MOTION to Remand by A.W.S.. (Shalaby, Andrew) (Filed on 8/19/2022)
August 19, 2022 Opinion or Order Filing 6 MOTION to Remand filed by A.W.S.. Motion Hearing set for 9/26/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 9/2/2022. Replies due by 9/9/2022. (Attachments: #1 Supplement Notice of Motion and Motion for Remand)(Shalaby, Andrew) (Filed on 8/19/2022)
August 18, 2022 Opinion or Order Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by A.W.S... (Shalaby, Andrew) (Filed on 8/18/2022)
August 18, 2022 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/14/2022. Initial Case Management Conference set for 11/21/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdj, COURT STAFF) (Filed on 8/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
August 17, 2022 Opinion or Order Filing 3 CERTIFICATE OF SERVICE by Iain D. Johnston re #1 Notice of Removal (Johann, Pamela) (Filed on 8/17/2022)
August 17, 2022 Opinion or Order Filing 2 Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/31/2022. (mbc, COURT STAFF) (Filed on 8/17/2022)
August 17, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL of Civil Action from Contra Costa Superior Court. Their case number is L22-02281. (). Filed byIain D. Johnston. (Attachments: #1 Civil Cover Sheet)(Johann, Pamela) (Filed on 8/17/2022)

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Plaintiff: A.W.S.
Represented By: Andrew Wagdy Shalaby
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Defendant: Iain D. Johnston
Represented By: Pamela T. Johann
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Defendant: OCTC
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Defendant: United States
Represented By: Pamela T. Johann
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