Franken v. Esper et al
| Kevin Franken |
| Mark Esper and United States of America |
| 1:2018cv01622 |
| November 27, 2018 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Erica P Grosjean |
| Anthony W Ishii |
| Barbara A McAuliffe |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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Filing 37
ORDER granting defendant's Motion for a Continuance of Discovery Deadlines, document #36 . Order signed by Magistrate Judge Erica P. Grosjean on 1/8/2019. (Rooney, M)
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| Filing 36 MOTION to CONTINUE Discovery Deadlines by Mark Esper. (Attachments: #1 Declaration of Chi Soo Kim)(Kim, Chi Soo) |
| Filing 35 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Chi Soo Kim, GOVT for Mark Esper, attorney Pamela T. Johann terminated (Kim, Chi Soo) |
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Filing 34
MINUTE ORDER: ***TEXT ENTRY ONLY*** In light of cases 1:18-cv-001618, 1:18-cv-01622, 1:18-cv-01627 and 1:18-cv-01687 being related, the Scheduling Conference in these cases is set for 3/19/2019, at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The parties shall file their joint scheduling report in each case by no later than 3/12/2019. The scheduling conference set on 2/28/2019, before Magistrate Judge McAuliffe is vacated. Minute order signed by Magistrate Judge Erica P. Grosjean on 12/28/2018. (Timken, A)
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Filing 33
ORDER RELATING & REASSIGNING Case and Referring Cases to the Magistrate Judge for Further Proceedings, signed by District Judge Anthony W. Ishii on 12/20/18. NEW CASE NUMBER 1:18-CV-1622 AWI EPG.(Marrujo, C)
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Filing 32
MINUTE ORDER: (TEXT Only) Parties wishing to appear telephonically at the Scheduling Conference currently set for Thursday, February 28, 2019 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/18/2018. (Valdez, E)
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| Filing 31 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/28/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Sant Agata, S) |
| Filing 30 CASE TRANSFERRED IN from District of California Northern; Case Number 3:18-cv-04120. |
| Case electronically transferred to the Eastern District of California. (fabS, COURT STAFF) (Filed on 11/27/2018) [Transferred from cand on 11/27/2018.] |
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Filing 29
ORDER Granting Motions to Transfer Case 53 (3:17-cv-07161-VC), 47 (3:18-cv-01837-VC), #18 (3:18-cv-04120-VC). The motions hearing scheduled for November 29, 2018 is vacated. Signed by Judge Vince Chhabria on November 21, 2018. (vclc2, COURT STAFF) (Filed on 11/21/2018) [Transferred from cand on 11/27/2018.]
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| Filing 28 REPLY (re #18 MOTION to Dismiss or to Transfer ) filed byMark Esper. (Johann, Pamela) (Filed on 11/15/2018) [Transferred from cand on 11/27/2018.] |
| Filing 27 DECLARATION of Micah Fargey in Opposition to #24 Opposition/Response to Motion (Corrected to Include Signature) filed byKevin Franken. (Related document(s) #24 ) (Fargey, Micah) (Filed on 11/9/2018) [Transferred from cand on 11/27/2018.] |
| Filing 26 NOTICE by Kevin Franken re #25 Declaration in Opposition (Fargey, Micah) (Filed on 11/9/2018) [Transferred from cand on 11/27/2018.] |
| Filing 25 DECLARATION of Micah D. Fargey in Opposition to #24 Opposition/Response to Motion, #18 MOTION to Dismiss or to Transfer filed byKevin Franken. (Related document(s) #24 , #18 ) (Fargey, Micah) (Filed on 11/8/2018) [Transferred from cand on 11/27/2018.] |
| Filing 24 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss or to Transfer ) filed byKevin Franken. (Fargey, Micah) (Filed on 11/8/2018) [Transferred from cand on 11/27/2018.] |
| Filing 23 CLERK'S NOTICE RESCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE FROM 11/20/2018 TO 12/11/2018. Case Management Statement due by 12/4/2018. Initial Case Management Conference set for 12/11/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/6/2018) [Transferred from cand on 11/27/2018.] |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johann, Pamela) (Filed on 11/1/2018) [Transferred from cand on 11/27/2018.] |
| Filing 21 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/31/2018) [Transferred from cand on 11/27/2018.] |
| Filing 20 Declaration of Pamela T. Johann in Support of #18 MOTION to Dismiss or to Transfer filed byMark Esper. (Related document(s) #18 ) (Johann, Pamela) (Filed on 10/25/2018) [Transferred from cand on 11/27/2018.] |
| Filing 19 Request for Judicial Notice re #18 MOTION to Dismiss or to Transfer filed byMark Esper. (Attachments: #1 Exhibit A)(Related document(s) #18 ) (Johann, Pamela) (Filed on 10/25/2018) [Transferred from cand on 11/27/2018.] |
| Filing 18 MOTION to Dismiss or to Transfer filed by Mark Esper. Motion Hearing set for 11/29/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 11/8/2018. Replies due by 11/15/2018. (Johann, Pamela) (Filed on 10/25/2018) [Transferred from cand on 11/27/2018.] |
| Filing 17 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 11/13/2018. Initial Case Management Conference set for 11/20/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. *Re the pending Motion to Consolidate Cases: the motion must be filed in all related cases. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/19/2018) [Transferred from cand on 11/27/2018.] |
| Filing 16 AMENDED COMPLAINT against Mark Esper. Filed byKevin Franken. (Fargey, Micah) (Filed on 10/17/2018) [Transferred from cand on 11/27/2018.] |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned to Judge Vince Chhabria for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. 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. Signed by the Executive Committee on 10/16/18. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 10/16/2018) [Transferred from cand on 11/27/2018.]
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| Filing 14 Summons Issued as to Mark Esper, United States of America, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 10/16/2018) [Transferred from cand on 11/27/2018.] |
| Filing 13 Proposed Summons. (Fargey, Micah) (Filed on 10/15/2018) [Transferred from cand on 11/27/2018.] |
| Filing 12 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. (ejkS, COURT STAFF) (Filed on 10/11/2018) [Transferred from cand on 11/27/2018.] |
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Filing 11
ORDER REASSIGNING CASE.Plaintiff Kevin Franken filed three related discrimination cases related to his employment as a federal Park Ranger/Natural Resources Specialist. Franken v. Esper, No. 17-7161 (N.D. Cal. filed Dec. 17, 2017) (Esper I); Franken v. Harris, No. 18-1837 (N.D. Cal. filed Mar. 25, 2018) (Harris); Franken v. Esper, No. 18-4120 (N.D. Cal. filed July 10, 2018) (Esper II). Mr. Franken has a pending motion to consolidate the three cases. Esper I - ECF No. 38.Mr. Franken and all defendants consented to the undersigned's jurisdiction in Esper I and Harris, but Mr. Franken declined to consent in Esper II. Esper II - ECF No. 10.Because the three cases are related and are the subject of a pending motion to consolidate, the undersigned finds it appropriate to reassign the three cases together in light of Mr. Franken's declination in Esper II. The undersigned directs the clerk of court to reassign these three cases together to a district judge.Signed by Judge Laurel Beeler on October 11, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1S, COURT STAFF) (Filed on 10/11/2018) [Transferred from cand on 11/27/2018.]
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| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kevin Franken.. (Fargey, Micah) (Filed on 10/11/2018) [Transferred from cand on 11/27/2018.] |
| Filing 9 CLERK'S FIFTH NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. 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 10/24/2018. (ejkS, COURT STAFF) (Filed on 10/10/2018) [Transferred from cand on 11/27/2018.] |
| Filing 8 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference set for 12/20/2018 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 12/13/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/2/2018) [Transferred from cand on 11/27/2018.] |
| Filing 7 CLERK'S FOURTH NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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 10/9/2018. (ejkS, COURT STAFF) (Filed on 9/25/2018) [Transferred from cand on 11/27/2018.] |
| Filing 6 CLERK'S THIRD NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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 9/20/2018. (ejkS, COURT STAFF) (Filed on 9/6/2018) [Transferred from cand on 11/27/2018.] |
| Filing 5 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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 9/4/2018. (ejkS, COURT STAFF) (Filed on 8/30/2018) [Transferred from cand on 11/27/2018.] |
| Case reassigned to Magistrate Judge Laurel Beeler. Magistrate Judge Sallie Kim no longer assigned to the case. (haS, COURT STAFF) (Filed on 8/30/2018) [Transferred from cand on 11/27/2018.] |
| Filing 4 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 8/24/2018. 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. (mklS, COURT STAFF) (Filed on 8/10/2018) [Transferred from cand on 11/27/2018.] |
| Filing 3 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. Joint Case Management Statement d ue by 10/8/2018. Initial Case Management Conference set for 10/15/2018 at 1:30 PM in San Francisco, Courtroom A, 15th Floor. (tnS, COURT STAFF) (Filed on 7/12/2018) [Transferred from cand on 11/27/2018.] |
| 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. 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 7/25/2018. (srnS, COURT STAFF) (Filed on 7/11/2018) [Transferred from cand on 11/27/2018.] |
| Filing 1 COMPLAINT; Jury Trial Demanded against Kevin Mark Esper & the United States of America, (Filing Fee: $400.00, receipt number 0971- 12501897). Filed by Kevin Franken. (Attachments: #(1) Civil Cover Sheet)(Fargey, Micah) (Filed on 7/10/2018) Modified on 7/12/2018 (tnS, COURT STAFF). [Transferred from cand on 11/27/2018.] |
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