Prostek v. Lincare Inc. et al
Plaintiff: Jennifer Prostek
Defendant: Lincare Inc. and Lincare Pharmacy Services, Inc.
Case Number: 1:2022cv01530
Filed: November 28, 2022
Court: US District Court for the Eastern District of California
Presiding Judge: Anthony W Ishii
Referring Judge: Barbara A McAuliffe
2 Judge: Jennifer L Thurston
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2023 Opinion or Order Filing 13 ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge *Anthony W. Ishii* from the bench of the Eastern District of California, this action is reassigned to *District Judge Jennifer L. Thurston* for all further proceedings. (Sant Agata, S)
March 21, 2023 Opinion or Order Filing 12 ORDER GRANTING Defendants' #4 Motion to Compel, signed by District Judge Anthony W. Ishii on 03/21/2023. CASE STAYED(Martin-Gill, S)
January 23, 2023 Opinion or Order Filing 11 MINUTE ORDER (TEXT Only): Due to the current status of this case, the SCHEDULING CONFERENCE currently set for 2/28/2023 is continued to July 5, 2023, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Compel (Doc. #4 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/23/2023. (Valdez, E)
January 23, 2023 Opinion or Order Filing 10 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION TO COMPEL, Doc. No. #4 , noticed for hearing on 1/30/2023, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 1/23/2023. (Apodaca, P)
December 29, 2022 Opinion or Order Filing 9 REPLY by Lincare Inc., Lincare Pharmacy Services, Inc. re #4 Motion to Compel,. (Attachments: #1 Response to Plaintiff's Evidentiary Objections to Paula Adams' Declaration)(Kim, Min)
December 19, 2022 Opinion or Order Filing 8 OBJECTIONS by Plaintiff Jennifer Prostek to #4 MOTION to COMPEL Arbitration and Dismiss Class and Paga Claims . (Boxer, Joshua)
December 19, 2022 Opinion or Order Filing 7 REQUEST for JUDICIAL NOTICE by Jennifer Prostek in re #4 Motion to Compel,. (Attachments: #1 Exhibit Exhibit 1 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #2 Exhibit Exhibit 2 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #3 Exhibit Exhibit 3 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #4 Exhibit Exhibit 4 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #5 Exhibit Exhibit 5 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #6 Exhibit Exhibit 6 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #7 Exhibit Exhibit 7 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #8 Exhibit Exhibit 8 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims, #9 Exhibit Exhibit 9 to Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Compel Individual Arbitration and to Dismiss Class and Representative PAGA Claims)(Boxer, Joshua)
December 19, 2022 Opinion or Order Filing 6 OPPOSITION by Jennifer Prostek to #4 Motion to Compel,. (Attachments: #1 Declaration Declaration of Jennifer Prostek In Support Of Plaintiff's Opposition to Defendants' Motion to Compel Arbitration and Dismiss Class and Representative PAGA Claims)(Boxer, Joshua)
December 7, 2022 Opinion or Order Filing 5 MINUTE ORDER (Text Only Entry): The #4 Motion Hearing on MOTION to COMPEL Arbitration and Dismiss Class and Paga Claims currently set for 1/27/2023 is VACATED and RESET for 1/30/2023 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Minute Order signed by District Judge Anthony W. Ishii on 12/7/2022. (Apodaca, P)
December 5, 2022 Opinion or Order Filing 4 MOTION to COMPEL Arbitration and Dismiss Class and Paga Claims by Lincare Inc., Lincare Pharmacy Services, Inc.. Motion Hearing set for 1/27/2023 at 09:00 AM in cvbFRES Fresno before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Declaration of David Cheng, #2 Declaration of Paul K. Adams, #3 Proposed Order)(Cheng, David)
November 28, 2022 Opinion or Order Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/28/2023 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Consent Form, #2 VDRP) (Maldonado, C)
November 28, 2022 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendants Lincare Inc., Lincare Pharmacy Services, Inc.. (Kim, Min)
November 28, 2022 Opinion or Order Filing 1 NOTICE of REMOVAL from Tulare County Superior Court, case number VCU293223 by Jennifer Prostek. (Filing fee $ 402, receipt number ACAEDC-10567630) (Attachments: #1 Civil Cover Sheet, #2 Declaration of Min Kim)(Kim, Min)

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Plaintiff: Jennifer Prostek
Represented By: Clare Moran
Represented By: Joshua David Boxer
Represented By: Matthew John Matern
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Defendant: Lincare Inc.
Represented By: David Cheng
Represented By: Min Kyung Kim
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Defendant: Lincare Pharmacy Services, Inc.
Represented By: David Cheng
Represented By: Min Kyung Kim
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