Witthoeft v. Food 4 Less of California, Inc. et al
John Witthoeft |
Food 4 Less of California, Inc., Kroger Company, Miguel Markets, PAQ, Inc. a California corporation doing business as Food 4 Less (Ceres), Walgreens Company, Dollar General Corporation, Wal-Mart Stores Inc, Dollar Tree, Inc., Kmart Corporation, Sears Holding Company, Save Mart Supermarkets, Inc., CVS Caremark Corporation, CVS Pharmacy, Rancho San Miguel Markets and Dollar Tree Stores, Inc. |
5:2014cv04395 |
September 30, 2014 |
US District Court for the Northern District of California |
San Jose Office |
Alameda |
Paul Singh Grewal |
Civil Rights: Jobs |
29 U.S.C. § 791 Job Discrimination (Rehabilitation Act) |
Plaintiff |
Docket Report
This docket was last retrieved on May 19, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 158 ORDER GRANTING STIPULATED DISMISSAL by Magistrate Judge Paul Singh Grewal granting #157 (psglc2, COURT STAFF) (Filed on 5/19/2016) |
Filing 157 STIPULATION WITH PROPOSED ORDER of Dismissal filed by PAQ, Inc.. (Gorham, William) (Filed on 5/18/2016) |
Filing 156 ORDER RE CONSENT/DECLINATION. Signed by Hon. Phyllis J. Hamilton on 5/18/2016. (ofr, COURT STAFF) (Filed on 5/18/2016) |
Filing 155 CLERK'S NOTICE VACATING MAY 31, 2016 PRETRIAL CONFERENCE AND JUNE 13, 2016 JURY TRIAL: All hearing dates presently set before Magistrate Judge Paul S. Grewal are hereby vacated and should be re-noticed for hearing before the judge to whom this case is reassigned. Parties will be informed by separate notice of the judge to whom this case is reassigned. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 5/13/2016) |
Filing 154 ORDER GRANTING MOTION TO SUBSTITUTE ATTORNEY by Magistrate Judge Paul Singh Grewal granting #151 (psglc2, COURT STAFF) (Filed on 1/5/2016) |
Filing 153 ORDER GRANTING STIPULATION TO EXTEND ALL DISCOVERY AND EXPERT DEADLINES BY 90 DAYS by Magistrate Judge Paul Singh Grewal granting #152 (psglc2, COURT STAFF) (Filed on 1/4/2016) |
Filing 152 STIPULATION WITH PROPOSED ORDER to Extend all Discovery and Expert Deadlines by 90 Days filed by John Witthoeft. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 1/4/2016) |
Filing 151 MOTION to Substitute Attorney and [Proposed] order by Brian David Fahy (Fahy, Brian) (Filed on 12/3/2015) Modified on 12/3/2015 (cv, COURT STAFF). |
Filing 150 ADR Clerk's Notice Vacating Appointment of Co-Mediators Katherine Huibonhoa and Samuel R. Miller #149 . (af, COURT STAFF) (Filed on 8/5/2015) |
ADR Remark: Mediation referral administratively terminated. Referral relates to Walgreens Defendant only. Walgreens was severed from this action. See docket entry #94 . (af, COURT STAFF) (Filed on 8/5/2015) Modified on 8/5/2015 (af, COURT STAFF). |
Filing 149 ADR Clerk's Notice Appointing Katherine Huibonhoa and Samuel R. Miller as Co-Mediators. (af, COURT STAFF) (Filed on 8/4/2015) |
***Setting hearing: Pretrial Conference set for 5/31/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Jury Trial set for 6/13/2016 at 9:30 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Pursuant to ECF No. #148 . (ofr, COURT STAFF) (Filed on 7/23/2015) |
Filing 148 CASE SCHEDULING ORDER re 147 Signed by Judge Paul S. Grewal on July 23, 2015 (psglc2S, COURT STAFF) (Filed on 7/23/2015) |
Filing 147 Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Case Management Conference held on 7/21/2015 as to 5:14-cv-04395-PSG John Witthoeft v. PAQ, Inc., et al. and RELATED CASES 5:15-cv-02404-PSG John Witthoeft v. Walgreens Co., et al., 5:15-cv-02405-PSG John Witthoeft v. Save Mart Supermarkets, Inc., et al., 5:15-cv-02406-PSG John Witthoeft v. Kmart Corporation, et al., 5:15-cv-02407-PSG John Witthoeft v. Dollar Tree Stores, Inc., et al. and 5:15-cv-02408-PSG John Witthoeft v. Dollar General Corporation, et al. Case Management Scheduling Order to be issued. The court will set an expedited schedule re discovery disputes. FTR Time: 4:48 to 5:11. Plaintiff Attorney present: Peggy Farrell, telephonically. Defendant Attorney(s) present: Constance Norton and Martin White. Also present (telephonically): William Gorham, Timothy Del Castillo and Cristopher Killens. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 7/21/2015) |
ADR Remark: ADR Phone Conference held by Daniel Bowling, ADR Program Staff Attorney, on 7/16/2015. (af, COURT STAFF) (Filed on 7/17/2015) |
Filing 146 REPORT of Rule 26(f) Planning Meeting . (Attachments: #1 Proof of Service)(Farrell, Peggy) (Filed on 7/15/2015) |
Filing 145 ORDER GRANTING REQUEST FOR TELEPHONIC APPEARANCE BY DEFENDANT PAQ, INC. by Judge Paul S. Grewal, granting-as-modified #144 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 7/15/2015) |
Filing 144 MOTION to Appear by Telephone filed by PAQ, Inc.. (Gorham, William) (Filed on 7/14/2015) |
Filing 143 ORDER GRANTING PLAINTIFF JOHN WITTHOEFT'S ADMINISTRATIVE MOTION FOR LEAVE TO APPEAR TELEPHONICALLY AT THE JULY 21, 2015 CASE MANAGEMENT CONFERENCE by Judge Paul S. Grewal, granting (142) Motion to Appear by Telephone in case 5:14-cv-04395-PSG; granting (19) Motion to Appear by Telephone in case 5:15-cv-02403-PSG; granting (20) Motion to Appear by Telephone in case 5:15-cv-02404-PSG; granting (22) Motion to Appear by Telephone in case 5:15-cv-02405-PSG; granting (24) Motion to Appear by Telephone in case 5:15-cv-02406-PSG; granting (17) Motion to Appear by Telephone in case 5:15-cv-02407-PSG and granting (18) Motion to Appear by Telephone in case 5:15-cv-02408-PSG. Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 7/10/2015) |
Filing 142 MOTION to Appear by Telephone at July 21, 2015 Case Management Conference filed by John Witthoeft. (Attachments: #1 Proposed Order, #2 Proof of Service)(Farrell, Peggy) (Filed on 7/10/2015) |
ADR Remark: Please note that the call-in telephone number for the ADR Phone Conference scheduled on Thursday, July 16, 2015 at 4:30 PM Pacific time has been changed to 641-715-3274. The access code remains the same. (af, COURT STAFF) (Filed on 7/9/2015) |
Filing 141 CLERK'S NOTICE RESETTING TIME ON JULY 21, 2015 CASE MANAGEMENT CONFERENCE: 7/21/2015 10:00 AM Case Management Conference is reset to 4:45 PM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 7/14/2015. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 7/7/2015) |
Filing 140 ORDER GRANTING STIPULATED DISMISSAL WITH PREJUDICE by Judge Paul S. Grewal granting #138 Joint Stipulation for Dismissal with Prejudice of Defendants CVS Health Corporation (improperly sued as CVS Caremark Corporation) and CVS Pharmacy, Inc. (psglc2, COURT STAFF) (Filed on 7/7/2015) Modified on 1/7/2016 (cv, COURT STAFF). |
ADR Remark: The ADR Phone Conference previously scheduled on 7/15/2015, has been rescheduled to 7/16/2015 at 4:30 PM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 7/7/2015) |
Filing 139 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 7/6/2015) |
Filing 138 STIPULATION WITH PROPOSED ORDER for Dismissal with Prejudice filed by CVS Caremark Corporation, CVS Pharmacy. (Lichtenstein, Galen) (Filed on 7/6/2015) |
Filing 137 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, July 15, 2015 at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 7/6/2015) |
Filing 136 ORDER by Judge Paul S. Grewal granting #135 Motion to Substitute Attorney. Attorney Carrie Anne Gonell terminated. (ofr, COURT STAFF) (Filed on 7/1/2015) |
Filing 135 MOTION to Substitute Attorney by Christopher Anthony Killens (Killens, Christopher) (Filed on 6/30/2015) Modified on 6/30/2015 (cv, COURT STAFF). |
Filing 134 Transcript of Proceedings held on 05/20/2015, before Judge Lucy H. Koh. Court Reporter/Transcriber Summer Fisher, Telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #98 Transcript Order ) Release of Transcript Restriction set for 9/21/2015. (Related documents(s) #98 ) (Fisher, Summer) (Filed on 6/22/2015) |
Filing 133 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT TO MAGISTRATE JUDGE PAUL S. GREWAL. Case Management Conference set for 7/21/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 7/14/2015. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 6/19/2015) |
Filing 132 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dollar General Corporation.. (Killens, Christopher) (Filed on 6/18/2015) |
Filing 131 Minute Entry for proceedings held before Hon. Lucy H. Koh: Further Case Management Conference held on 6/17/2015 from 2:56-3:03PM. A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. Court Reporter: Lee-Anne Shortridge. Courtroom Deputy: Stacy Sakamoto. Representing Plaintiff: Attorney Peggy Anne Farrell (by phone). Representing Defendant: Attorney Christopher Anthony Killens (Dollar General Corporation) (by phone). **David Bournazian, counsel for Wal-Mart Stores, Inc. also briefly appeared by phone, but was dismissed from the CMC before any substantive communications began.** (This is a text only Minute Entry; there is no document associated with this entry) (sms, COURT STAFF) (Date Filed: 6/17/2015) Modified on 6/17/2015 (sms, COURT STAFF). |
Filing 130 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Paul Singh Grewal for all further proceedings re Order of Referral. Hon. Lucy H Koh no longer assigned to Case. Reassignment Order signed by Executive Committee on 6/17/2015. (bwS, COURT STAFF) (Filed on 6/17/2015) |
Filing 129 ***CLERK'S NOTICE CLARIFYING ATTENDANCE AT TODAY'S CASE MANAGEMENT CONFERENCE*** Pursuant to this notice, the following parties shall attend today's CMC by phone: Plaintiff and Dollar General. All other cases have now been re-assigned to Judge Grewal. (This is a text-only notice; there is no document associated with this entry.) (sms, COURT STAFF) (Filed on 6/17/2015) |
Filing 128 ORDER OF REFERRAL. Signed by Judge Lucy H. Koh on June 17, 2015. (lhklc1, COURT STAFF) (Filed on 6/17/2015) |
Filing 127 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CVS Caremark Corporation, CVS Pharmacy.. (Lichtenstein, Galen) (Filed on 6/17/2015) |
Filing 126 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Witthoeft.. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 6/16/2015) |
Filing 125 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kmart Corporation.. (Liburt, Joseph) (Filed on 6/16/2015) |
Filing 124 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Walgreens Company.. (Cartwright, Jill) (Filed on 6/16/2015) |
Filing 123 Order by Hon. Lucy H. Koh granting #116 Dollar General's Motion to Appear by Telephone. **The moving party shall finalize their appearance through CourtCall.** (sms, COURT STAFF) (Filed on 6/16/2015) |
Filing 122 Order by Hon. Lucy H. Koh granting #114 Wal-Mart's Motion to Appear by Telephone. **The moving party shall finalize their appearance with CourtCall.** (sms, COURT STAFF) (Filed on 6/16/2015) |
Filing 121 Order by Hon. Lucy H. Koh granting #113 Walgreens' Motion to Appear by Telephone. **The moving party shall finalize their appearance with CourtCall.** (sms, COURT STAFF) (Filed on 6/16/2015) |
Filing 120 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dollar General Corporation.. (Killens, Christopher) (Filed on 6/16/2015) |
Filing 119 Order by Hon. Lucy H. Koh granting #111 Dollar Tree's Motion to Appear by Telephone. **The moving party shall finalize her appearance with CourtCall.** (sms, COURT STAFF) (Filed on 6/16/2015) |
Filing 118 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wal-Mart Stores Inc.. (Bournazian, J.) (Filed on 6/16/2015) |
Filing 117 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Save Mart Supermarkets, Inc... (White, Martin) (Filed on 6/16/2015) |
Filing 116 MOTION to Appear by Telephone at Case Management Conference filed by Dollar General Corporation. (Attachments: #1 Proposed Order)(Killens, Christopher) (Filed on 6/16/2015) |
Filing 115 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by PAQ, Inc... (Gorham, William) (Filed on 6/16/2015) |
Filing 114 MOTION to Appear by Telephone at June 17, 2015 Case Management Conference filed by Wal-Mart Stores Inc. (Attachments: #1 Proposed Order)(Bournazian, J.) (Filed on 6/15/2015) |
Filing 113 MOTION to Appear by Telephone at June 17, 2015 Further Case Management Conference filed by Walgreens Company. (Cartwright, Jill) (Filed on 6/15/2015) |
Filing 112 CASE MANAGEMENT ORDER RE JUNE 17, 2015 CASE MANAGEMENT CONFERENCE AND CONSENT/DECLINATION TO MAGISTRATE JUDGE JURISDICTION. Signed by Judge Lucy H. Koh on June 15, 2015. (lhklc1, COURT STAFF) (Filed on 6/15/2015) |
Filing 111 MOTION to Appear by Telephone at Case Management Conference and Request for Clarification filed by Dollar Tree Stores, Inc.. (Fu, Amanda) (Filed on 6/15/2015) |
Filing 110 Order by Hon. Lucy H. Koh granting in part and denying in part #105 CVS' Motion to Appear by Telephone. **The Court DENIES CVS' request to be excused from the 6/17/15 CMC, but GRANTS CVS' request to appear at the CMC by telephone. CVS' counsel shall finalize their appearances through CourtCall.** (sms, COURT STAFF) (Filed on 6/15/2015) |
Filing 109 Order by Hon. Lucy H. Koh granting #107 Plaintiff's Motion to Appear by Telephone. **The moving party shall finalize her appearance with CourtCall.** (sms, COURT STAFF) (Filed on 6/12/2015) |
Filing 108 ORDER RELATING CASES. The following cases shall be re-assigned to the Hon. Lucy H. Koh: 5:15-CV-02403-NC, 5:15-CV-02404-PSG, 5:15-CV-02405-EJD, 5:15-CV-02406-PSG, 5:15-CV-02407-PSG, and 5:15-CV-02408-PSG. Signed by Judge Hon. Lucy H. Koh on 6/11/2015. (smsS, COURT STAFF) (Filed on 6/11/2015) |
Filing 107 MOTION to Appear by Telephone at June 17, 2015 Case Management Conference filed by John Witthoeft. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 6/11/2015) |
Filing 106 JOINT CASE MANAGEMENT STATEMENT and Report of Counsel Pursuant to Federal Rule of Civil Procedure 26(f) filed by John Witthoeft. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 6/10/2015) |
Filing 105 MOTION to Appear by Telephone or in the Alternative to be Excused from Appearing at CMC filed by CVS Caremark Corporation, CVS Pharmacy. (Lichtenstein, Galen) (Filed on 6/10/2015) |
Filing 104 ORDER by Judge Lucy H. Koh granting #102 Stipulation (lhklc1, COURT STAFF) (Filed on 6/8/2015) |
Filing 103 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wal-Mart Stores Inc.. (Bournazian, J.) (Filed on 6/5/2015) |
Filing 102 STIPULATION WITH PROPOSED ORDER to Extend Time to File Stipulation of Dismissal with Prejudice filed by CVS Caremark Corporation, CVS Pharmacy. (Lichtenstein, Galen) (Filed on 6/5/2015) |
Filing 101 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dollar Tree Stores, Inc... (Norton, Constance) (Filed on 6/4/2015) |
Filing 100 ORDER by Judge Lucy H. Koh granting #99 Stipulation This stipulation is without prejudice to Plaintiff refiling an action naming Save Mart as an individual defendant. (lhklc1, COURT STAFF) (Filed on 5/27/2015) Modified on 1/7/2016 (cv, COURT STAFF). |
Filing 99 STIPULATION WITH PROPOSED ORDER re #94 Order on Motion to Sever, Stipulation and [Proposed] Order Severing Defendant Save Mart Supermarkets filed by Save Mart Supermarkets, Inc.. (White, Martin) (Filed on 5/26/2015) |
Filing 98 TRANSCRIPT ORDER by Wal-Mart Stores Inc for Court Reporter Summer Fisher. (Bournazian, J.) (Filed on 5/21/2015) |
Filing 97 NOTICE of Appearance by Christopher Anthony Killens as Counsel for Dollar General Corporation (Killens, Christopher) (Filed on 5/21/2015) |
Filing 95 NOTICE of Appearance by Michael Walter Warren Notice of Appearance of Counsel (Warren, Michael) (Filed on 5/21/2015) |
Filing 96 Minute Entry for proceedings held before Hon. Lucy H. Koh: Initial Case Management Conference held on 5/20/2015 from 3:32-4:17PM. A further Case Management Conference is set for 6/17/2015 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. See ECF No. #94 for a Case Management Order detailing all relevant dates, deadlines, and rulings from the Conference. Court Reporter: Summer Fisher. Courtroom Deputy: Stacy Sakamoto. Representing Plaintiff: Attorney Peggy Farrell (by cell phone). Representing Defendants: Attorney William Gorham for PAQ, Inc.; Attorney David Raizman for Walgreens Co.; Attorney Carrie Gonell for Dollar General Corp. (by phone); Attorney David Bournazian for Wal-Mart Stores Inc.; Attorney Martin White for Save Mart Supermarkets, Inc.; Attorney Michael Warren for CVS Caremark Corp. and CVS Pharmacy; Attorney Constance Norton for Dollar Tree Stores, Inc; and Attorney Joseph Liburt for Kmart Corp. and Sears Holding. (This is a text only Minute Entry; there is no document associated with this entry) (sms, COURT STAFF) (Date Filed: 5/20/2015) |
Filing 94 CASE MANAGEMENT ORDER by Judge Lucy H. Koh granting #67 Motion to Sever; granting #77 Motion to Sever. the Court dismissed without prejudice Defendants Dollar Tree Stores, Walgreens, Wal-Mart, Dollar General, Kmart, and Sears. Plaintiff shall file any new complaints against these Defendants by May 29, 2015. (lhklc1, COURT STAFF) (Filed on 5/20/2015) Modified on 1/7/2016 (cv, COURT STAFF). |
Filing 93 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) filed by DOLLAR TREE STORES, INC. (Norton, Constance) (Filed on 5/20/2015) |
Filing 92 ORDER by Judge Lucy H. Koh granting #89 Stipulation (lhklc1, COURT STAFF) (Filed on 5/19/2015) |
Filing 91 REPLY (re #77 MOTION to Sever AND DISMISS BASED ON MISJOINDER ) filed byWalgreens Company. (Attachments: #1 Declaration of David Raizman in Support of Defendant Walgreen Co.'s Reply Brief in Support of Motion to Sever and Dismiss Based on Misjoinder, #2 Exhibit A - C to Declaration of David Raizman)(Raizman, David) (Filed on 5/18/2015) |
Filing 90 Order by Hon. Lucy H. Koh granting #88 Dollar General's Motion to Appear by Telephone. The moving party shall contact CourtCall to finalize their appearance. (sms, COURT STAFF) (Filed on 5/18/2015) |
Filing 89 STIPULATION WITH PROPOSED ORDER Selecting ADR Process filed by Walgreens Company. (Raizman, David) (Filed on 5/15/2015) |
Filing 88 MOTION to Appear by Telephone at May 20, 2015 Case Management Conference filed by Dollar General Corporation. (Attachments: #1 Proposed Order Granting Dollar General's Administrative Motion for Leave to Appear Telephonically at May 20, 2015 Case Management Conference)(Gonell, Carrie) (Filed on 5/13/2015) |
Filing 87 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Waggoner, Anne-Marie) (Filed on 5/13/2015) |
Filing 86 Joinder re #83 Joint Case Management Statement and Report of Counsel and Supplemental Statements of Defendant by Walgreens Company. (Raizman, David) (Filed on 5/13/2015) |
Filing 85 ORDER by Judge Lucy H. Koh granting #82 Stipulation selecting Mediation (lhklc1, COURT STAFF) (Filed on 5/12/2015) |
Filing 84 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (White, Martin) (Filed on 5/12/2015) |
Filing 83 JOINT CASE MANAGEMENT STATEMENT AND REPORT OF COUNSEL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(f) filed by Dollar Tree Stores, Inc.. (Norton, Constance) (Filed on 5/12/2015) |
Filing 82 STIPULATION and Proposed Order selecting Mediation by Kmart Corporation, Sears Holding Company filed by Kmart Corporation, Sears Holding Company. (Del Castillo, Timothy) (Filed on 5/12/2015) |
Filing 81 OPPOSITION to ( #67 DEFENDANT DOLLAR TREE STORES, INC.'S MOTION TO SEVER AND DISMISS BASED ON MISJOINDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Fed. R. Civ. P. 21], #77 MOTION to Sever AND DISMISS BASED ON MISJOINDER ) filed byJohn Witthoeft. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 5/11/2015) Modified text on 5/12/2015 (dhmS, COURT STAFF). |
Filing 80 NOTICE of Change In Counsel by Clifford Eric Yin (Yin, Clifford) (Filed on 5/6/2015) |
Filing 79 NOTICE by CVS Caremark Corporation, CVS Pharmacy re Corporate Disclosure Statement (Waggoner, Anne-Marie) (Filed on 4/29/2015) |
Filing 78 Certificate of Interested Entities by CVS Caremark Corporation, CVS Pharmacy (Waggoner, Anne-Marie) (Filed on 4/29/2015) |
Filing 77 MOTION to Sever AND DISMISS BASED ON MISJOINDER filed by Walgreens Company. Motion Hearing set for 9/17/2015 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 5/11/2015. Replies due by 5/18/2015. (Attachments: #1 Proposed Order)(Cartwright, Jill) (Filed on 4/27/2015) |
Filing 76 Certificate of Interested Entities by Walgreens Company identifying Corporate Parent Walgreens Boots Alliance, Inc., Other Affiliate Farmacias Ahumada S.A., Other Affiliate Farmacias Benavides S.A.B., Other Affiliate Nanjing Pharmaceutical Co., Ltd. for Walgreens Company. (Cartwright, Jill) (Filed on 4/27/2015) |
Filing 75 ANSWER to First Amended Complaint by Walgreens Company. (Cartwright, Jill) (Filed on 4/27/2015) Modified on 6/17/2015 (cv, COURT STAFF). |
Filing 74 NOTICE of Appearance by Martin Daniel White (White, Martin) (Filed on 4/22/2015) |
Filing 73 REPLY (re #67 MOTION to Sever DEFENDANT DOLLAR TREE STORES, INC.'S MOTION TO SEVER AND DISMISS BASED ON MISJOINDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Fed. R. Civ. P. 21] ) filed byDollar Tree Stores, Inc.. (Norton, Constance) (Filed on 4/13/2015) |
Filing 72 OPPOSITION to ( #67 MOTION to Sever DEFENDANT DOLLAR TREE STORES, INC.'S MOTION TO SEVER AND DISMISS BASED ON MISJOINDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Fed. R. Civ. P. 21] ) filed by John Witthoeft. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 4/6/2015) Modified text on 4/7/2015 (dhmS, COURT STAFF). |
Filing 71 Certificate of Interested Entities by Walgreens Company (Raizman, David) (Filed on 3/25/2015) |
Filing 70 STIPULATION re #45 Amended Complaint Deadline for Walgreen Co. to Respond to First Amended Complaint filed by Walgreens Company. (Raizman, David) (Filed on 3/25/2015) |
Filing 69 ANSWER to First Amended Complaint by Dollar General Corporation. (Gonell, Carrie) (Filed on 3/23/2015) Modified on 6/17/2015 (cv, COURT STAFF). |
Filing 68 ANSWER to First Amended Complaint by PAQ, Inc., Rancho San Miguel Markets. (Gorham, William) (Filed on 3/23/2015) Modified on 6/17/2015 (cv, COURT STAFF). |
Filing 67 MOTION to Sever DEFENDANT DOLLAR TREE STORES, INC.'S MOTION TO SEVER AND DISMISS BASED ON MISJOINDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Fed. R. Civ. P. 21] filed by Dollar Tree Stores, Inc.. Motion Hearing set for 8/6/2015 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/6/2015. Replies due by 4/13/2015. (Attachments: #1 Proposed Order)(Norton, Constance) (Filed on 3/23/2015) |
Filing 66 Certificate of Interested Entities by Wal-Mart Stores Inc (Bournazian, J.) (Filed on 3/23/2015) |
Filing 65 ANSWER to Amended Complaint byWal-Mart Stores Inc. (Bournazian, J.) (Filed on 3/23/2015) |
Filing 64 ANSWER to Amended Complaint byCVS Caremark Corporation, CVS Pharmacy. (Waggoner, Anne-Marie) (Filed on 3/23/2015) |
Filing 63 Certificate of Interested Entities by Dollar Tree Stores, Inc. DOLLAR TREE STORES, INC.S CORPORATE DISCLOSURE STATEMENT [FRCP 7.1] (Fu, Amanda) (Filed on 3/23/2015) |
Filing 62 Certificate of Interested Entities by Dollar Tree Stores, Inc. (Norton, Constance) (Filed on 3/23/2015) |
Filing 61 ANSWER TO FIRST AMENDED COMPLAINT by Dollar Tree Stores, Inc.. (Norton, Constance) (Filed on 3/23/2015) Modified on 6/17/2015 (cv, COURT STAFF). |
Filing 60 ANSWER to Amended Complaint byKmart Corporation. (Liburt, Joseph) (Filed on 3/23/2015) |
Case calendar amended, re #59 : Initial Case Management Conference continued to 5/20/2015 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 3/20/2015) |
Filing 59 ORDER by Judge Lucy H. Koh granting as modified #58 Stipulation (lhklc3, COURT STAFF) (Filed on 3/19/2015) |
Filing 58 STIPULATION WITH PROPOSED ORDER to Continue Rule 26 Conference and Extend Time to Serve Initial Disclosures filed by Kmart Corporation. (Attachments: #1 Proposed Order)(Del Castillo, Timothy) (Filed on 3/19/2015) |
Filing 57 Certificate of Interested Entities by Save Mart Supermarkets, Inc. (Roccanova, Gina) (Filed on 3/11/2015) |
Filing 56 ANSWER to Amended Complaint bySave Mart Supermarkets, Inc.. (Roccanova, Gina) (Filed on 3/11/2015) |
Filing 55 ORDER by Judge Lucy H. Koh granting #51 Stipulation (lhklc3, COURT STAFF) (Filed on 3/9/2015) |
Filing 54 NOTICE of Appearance by Anne-Marie Waggoner (Waggoner, Anne-Marie) (Filed on 3/6/2015) |
Filing 53 Summons Issued as to All Defendants for First Amended Complaint. (srmS, COURT STAFF) (Filed on 3/6/2015) |
Filing 52 Proposed Summons. (Farrell, Peggy) (Filed on 3/5/2015) |
Filing 51 STIPULATION WITH PROPOSED ORDER re #45 Amended Complaint to Dismiss ONLY Plaintiff's Seven Cause of Action and Eighth Cause of Action from the First Amended Complaint, and Stipulation to Extend Time for All Defendants to File an Answer to First Amended Complaint filed by John Witthoeft. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 3/5/2015) |
Filing 50 NOTICE by Food 4 Less of California, Inc., Kroger Company RE DISMISSAL AND REQUEST FOR REMOVAL FROM ECF SERVICE LIST (Chilleen, Michael) (Filed on 2/26/2015) |
Filing 49 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Liburt, Joseph) (Filed on 2/25/2015) |
Filing 48 CERTIFICATE OF SERVICE by John Witthoeft re #46 Notice (Other), (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 2/23/2015) |
Filing 47 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 2/23/2015) |
Filing 46 NOTICE by John Witthoeft re 5 Case Assigned by Intake,,, of Service of Judge Lucy Koh's Standing Order Regarding Case Management in Civil Cases (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 2/23/2015) |
Filing 45 FIRST AMENDED COMPLAINT For Damages against All Defendants. Filed byJohn Witthoeft. (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 2/18/2015) Modified text on 2/19/2015 (dhmS, COURT STAFF). |
Calendar amended, re #44 : Initial Case Management Conference continued to 4/8/2015 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 1/30/2015) |
Filing 44 ORDER by Judge Lucy H. Koh finding as moot #38 Motion to Dismiss; granting as modified #42 Stipulation; finding as moot #31 Motion to Dismiss (lhklc3, COURT STAFF) (Filed on 1/29/2015) |
Filing 43 NOTICE of Voluntary Dismissal without prejudice of defendant Dollar Tree, Inc. by John Witthoeft (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 1/29/2015) |
Filing 42 STIPULATION WITH PROPOSED ORDER for leave to file first amended complaint filed by John Witthoeft. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order, #4 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 1/29/2015) |
Filing 41 ORDER by Judge Lucy H. Koh granting #40 Stipulation; finding as moot #24 Motion to Sever (lhklc1, COURT STAFF) (Filed on 1/26/2015) |
Filing 40 STIPULATION WITH PROPOSED ORDER for dismissal without prejudice of Defendants Food 4 Less of California, Inc., a California corporation and Kroger Company, an Ohio corporation filed by John Witthoeft. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 1/26/2015) |
Filing 39 NOTICE by John Witthoeft re #34 Summons Returned Executed Notice of Withdrawal POS of Summons (Attachments: #1 Certificate/Proof of Service)(Farrell, Peggy) (Filed on 1/23/2015) |
Filing 38 MOTION to Dismiss Plaintiff's Complaint Pursuant to F.R.C.P. 12(b)(6) filed by Dollar General Corporation. Motion Hearing set for 5/14/2015 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 1/29/2015. Replies due by 2/5/2015. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order Granting Motion to Dismiss)(Gonell, Carrie) (Filed on 1/15/2015) |
Filing 37 STIPULATION re #31 MOTION to Dismiss to extend time for Plaintiff to Oppose Motion to Dismiss Defendants' filed by John Witthoeft. (Attachments: #1 Proof Of Service)(Farrell, Peggy) (Filed on 1/15/2015) |
Filing 36 STIPULATION re #24 MOTION to Sever to Further Extend Time for Plaintiff to Oppose Motion to Dismiss, Sever Based on Misjoinder filed by John Witthoeft. (Attachments: #1 Proof Of Service)(Farrell, Peggy) (Filed on 1/15/2015) |
Filing 35 SUMMONS Returned Executed by John Witthoeft. Food 4 Less of California, Inc. served on 11/7/2014, answer due 11/28/2014. (Potter, Mark) (Filed on 1/8/2015) |
Filing 34 SUMMONS Returned Executed by John Witthoeft. Dollar Tree, Inc. served on 12/8/2014, answer due 12/29/2014. (Potter, Mark) (Filed on 1/8/2015) |
Filing 33 SUMMONS Returned Executed by John Witthoeft. Dollar General Corporation served on 11/10/2014, answer due 12/1/2014. (Potter, Mark) (Filed on 1/8/2015) |
Filing 32 SUMMONS Returned Executed by John Witthoeft. Wal-Mart Stores Inc served on 11/7/2014, answer due 11/28/2014. (Potter, Mark) (Filed on 1/8/2015) |
Filing 31 MOTION to Dismiss filed by Miguel Markets, PAQ, Inc.. Motion Hearing set for 4/2/2015 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 1/16/2015. Replies due by 1/23/2015. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Gorham, William) (Filed on 1/2/2015) (Hearing Date Previously Requested and Approved - sms, COURT STAFF). |
Filing 30 STIPULATION - SECOND STIPULATION TO EXTEND TIME FOR DEFENDANT DOLLAR GENERAL CORPORATION TO RESPOND TO PLAINTIFF'S COMPLAINT filed by Dollar General Corporation. (Gonell, Carrie) (Filed on 12/22/2014) |
Filing 29 STIPULATION re #24 MOTION to Sever to extend time for plaintiff to oppose defendants food 4 less of california, inc.s and kroger companys motion to dismiss, sever based on misjoinder (L.R. 6-1) filed by John Witthoeft. (Attachments: #1 Proof of Service)(Farrell, Peggy) (Filed on 12/19/2014) |
Filing 28 Certificate of Interested Entities by Kmart Corporation, Sears Holding Company (Liburt, Joseph) (Filed on 12/19/2014) |
Filing 27 Defendants Kmart Corporation and Sears Holdings Corporation's ANSWER to Complaint for Damages byKmart Corporation, Sears Holding Company. (Liburt, Joseph) (Filed on 12/19/2014) |
Filing 26 NOTICE of Appearance by Timothy Brian Del Castillo (Del Castillo, Timothy) (Filed on 12/19/2014) |
Filing 25 **CLERK'S NOTICE SETTING AN INITIAL CASE MANAGEMENT CONFERENCE.** Following re-assignment, this case is now set for an Initial Case Management Conference before the Hon. Lucy H. Koh on 4/2/2015 at 1:30PM in Courtroom 8, 4th floor, in San Jose, California. A Joint Case Management Conference Statement is due 7 days before the conference date. The Parties are encouraged to familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. This is a text only docket entry, there is no document associated with this notice. (sms, COURT STAFF) (Filed on 12/19/2014) |
Filing 24 MOTION to Sever filed by Food 4 Less of California, Inc., Kroger Company. Motion Hearing set for 4/2/2015 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/30/2014. Replies due by 1/6/2015. (Attachments: #1 Declaration of Leimkuhler in Support of Motion to Sever and Dismiss Based on Misjoinder, #2 Exhibit A-E to Declaration of Leimkuhler, #3 Proposed Order Granting Motion to Sever and Dismiss Based on Misjoinder)(Hurley, Gregory) (Filed on 12/16/2014) (Hearing Date Approved - sms, COURT STAFF). |
Filing 23 NOTICE of Appearance by Bradley James Leimkuhler (Leimkuhler, Bradley) (Filed on 12/15/2014) |
Filing 22 SUMMONS Returned Executed by John Witthoeft. Save Mart Supermarkets, Inc. served on 11/11/2014, answer due 12/2/2014. (Potter, Mark) (Filed on 12/10/2014) |
Filing 21 ORDER REASSIGNING CASE. Case reassigned to Hon. Lucy H. Koh for all further proceedings., Magistrate Judge Paul Singh Grewal remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 12/10/2014. (bwS, COURT STAFF) (Filed on 12/10/2014) |
Filing 20 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 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. (ofr, COURT STAFF) (Filed on 12/10/2014) |
Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Food 4 Less of California, Inc., Kroger Company.. (Hurley, Gregory) (Filed on 12/9/2014) |
Filing 18 ORDER GRANTING #17 STIPULATION entered by Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 17 STIPULATION WITH PROPOSED ORDER for extension of time to file response to complaint filed by Miguel Markets, PAQ, Inc.. (Gorham, William) (Filed on 12/5/2014) Modified on 12/8/2014 (cv, COURT STAFF). |
Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 12/19/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 12/5/2014) |
Filing 15 STIPULATION TO EXTEND TIME FOR DEFENDANT DOLLAR GENERAL CORPORATION TO RESPOND TO PLAINTIFFS COMPLAINT re #1 filed by Dollar General Corporation. (Gonell, Carrie) (Filed on 12/2/2014) Linkage added on 12/2/2014 (bwS, COURT STAFF). |
Filing 14 SUMMONS Returned Executed by John Witthoeft. PAQ, Inc. served on 11/14/2014, answer due 12/5/2014. (Potter, Mark) (Filed on 12/1/2014) |
Filing 13 Certificate of Interested Entities by Food 4 Less of California, Inc., Kroger Company (Hurley, Gregory) (Filed on 11/26/2014) |
Filing 12 ANSWER to Complaint re #1 with Jury Demand by Food 4 Less of California, Inc., Kroger Company. (Hurley, Gregory) (Filed on 11/26/2014) Modified on 12/2/2014 (bwS, COURT STAFF). |
Filing 11 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT re #1 (L.R. 6-1) filed by Kmart Corporation, Sears Holding Company. (Liburt, Joseph) (Filed on 11/24/2014) Text modified on 12/2/2014 (bwS, COURT STAFF). |
Filing 10 SUMMONS Returned Executed by John Witthoeft. Sears Holding Company served on 11/7/2014, answer due 11/28/2014. (Potter, Mark) (Filed on 11/18/2014) |
Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Witthoeft.. (Attachments: #1 Certificate/Proof of Service)(Potter, Mark) (Filed on 10/29/2014) |
Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 10/29/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 10/15/2014) |
Filing 7 Summons Issued as to CVS Caremark Corporation, CVS Pharmacy, Dollar General Corporation, Dollar Tree, Inc., Food 4 Less of California, Inc., Kmart Corporation, Kroger Company, Miguel Markets, PAQ, Inc., Save Mart Supermarkets, Inc., Sears Holding Company, Wal-Mart Stores Inc, Walgreens Company. (cv, COURT STAFF) (Filed on 9/30/2014) |
Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/10/2015. Case Management Conference set for 2/17/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 9/30/2014) |
Filing 5 Case assigned to Magistrate Judge Paul Singh Grewal. 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. (ha, COURT STAFF) (Filed on 9/30/2014) |
Filing 4 Proposed Summons. (Potter, Mark) (Filed on 9/30/2014) |
Filing 3 Certificate of Interested Entities by John Witthoeft re #1 Complaint (Potter, Mark) (Filed on 9/30/2014) |
Filing 2 Civil Cover Sheet by John Witthoeft . (Potter, Mark) (Filed on 9/30/2014) |
Filing 1 COMPLAINT violations of the ADAAA, FEHA, Civil Rights Act, Sec. 12112. Discrimination disability in regard to job application procedures against All Defendants ( Filing fee $ 400, receipt number 0971-8959996.). Filed by John Witthoeft. (Potter, Mark) (Filed on 9/30/2014) Modified text on 9/30/2014 (cv, COURT STAFF). Modified on 6/17/2015 (cv, COURT STAFF). |
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