Berry v. Amazon.com Services LLC, et al.
| Cheyenne Berry |
| Amazon.com Services LLC and Amazon.com Inc. |
| 1:2024cv00093 |
| January 19, 2024 |
| US District Court for the Eastern District of California |
| Fresno Office |
| No District Court Judge |
| Stanley A Boone |
| Kirk E Sherriff |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 CERTIFICATE / PROOF of SERVICE by Cheyenne Berry re #42 Order Reassigning Newly Appointed District Judge,. (Glugoski, John) |
Filing 42
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Kirk E. Sherriff to the bench of the Eastern District of California, this action is reassigned from No District Court Judge (NODJ) to District Judge Kirk E. Sherriff for all further proceedings. All dates currently set in this reassigned action shall remain pending subject to further order of the court. (Attachments: #1 Standing Order) (Rivera, O)
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| Filing 41 REPLY by Amazon.com Inc., Amazon.com Services LLC to RESPONSE to #36 Motion to Dismiss. (Hyde, Samuel) |
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Filing 40
ORDER GRANTING #39 Application for Pro Hac Vice signed by Magistrate Judge Stanley A. Boone on 2/23/2024. Added attorney Jason D. Burns, PHV for Amazon.com Inc., Amazon.com Services LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lawrence, A)
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| Filing 39 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Amazon.com Inc., Amazon.com Services LLC for attorney Jason D. Burns to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11361183) (Attachments: #1 Certificate of Good Standing)(Hutner, Lindsay) |
| Filing 38 OPPOSITION by Cheyenne Berry to #36 Motion to Dismiss. (Attachments: #1 Request for Judicial Notice In Support of Opposition to Defendants' Motion to Transfer or Dismiss First Amended Class Action Complaint)(Glugoski, John) |
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Filing 37
MINUTE ORDER ISSUED BY CHIEF JUDGE KIMBERLY J. MUELLER on 2/02/2024: (Text Only Entry) The parties are advised that as provided by Local Rule 230(g), the recently filed #36 motion to dismiss will be decided on the papers unless or until further order of the Court. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court encourages the parties to consider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the judicial resource emergency currently facing the Fresno courthouse. SO ORDERED. (Gonzales, V)
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| SERVICE BY MAIL: 37 Minute Order, served on Jason D. Burns NCAED. (Gonzales, V) |
| Filing 36 MOTION to DISMISS by Amazon.com Inc., Amazon.com Services LLC. Motion Hearing set for 3/13/2024 at 09:00 AM before No District Court Judge. (Attachments: #1 Proposed Order)(Hyde, Samuel) |
| Filing 35 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Hutner, Lindsay) |
| Filing 34 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 5/14/2024 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Order, #2 Consent Form, #3 VDRP) (Lundstrom, T) |
| Filing 33 CASE TRANSFERRED IN from District of California Northern; Case Number 3:23-cv-03614. |
| SERVICE BY MAIL: #34 Civil New Case Documents for NODJ served on Jason D. Burns NCAED. (Lundstrom, T) |
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Filing 32
ORDER TRANSFERRING CASE TO [THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION]. Signed by Judge Trina L. Thompson on 1/18/2024. (rfm, COURT USER) (Filed on 1/18/2024) [Transferred from cand on 1/19/2024.]
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| Filing 31 Minute Entry for proceedings held before Judge Trina L Thompson: Motion Hearing held on 1/16/2024. re #15 MOTION to Dismiss NOTICE OF MOTION AND MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Amazon.com Services LLC, Amazon.com Inc. The motion having been argued and submitted, the Court takes it under submission.Total Time in Court: 50 minutes. Court Reporter: Jennifer Coulthard. Plaintiff Attorney: John Glugoski. Defendant Attorney: Lindsay Hutner, Samuel Hyde. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 1/16/2024) [Transferred from cand on 1/19/2024.] |
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Filing 30
Order GRANTING #29 Motion for Pro Hac Vice as to Jason D. Burns. Signed by Judge Trina L Thompson on 12/6/2023. (rfm, COURT USER) (Filed on 12/6/2023) [Transferred from cand on 1/19/2024.]
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| Filing 29 MOTION for leave to appear in Pro Hac Vice of Jason Burns ( Filing fee $ 317, receipt number ACANDC-18909386.) filed by Amazon.com Inc., Amazon.com Services LLC. (Attachments: #1 Certificate of Good Standing)(Burns, Jason) (Filed on 12/6/2023) [Transferred from cand on 1/19/2024.] |
| Filing 28 CLERK'S NOTICE RE DOCKET NO. #24 . The court has reviewed the motion and determined that no cases are related and no reassignments shall occur. (ndr, COURT STAFF) (Filed on 11/21/2023) [Transferred from cand on 1/19/2024.] |
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Trina L. Thompson on 11/10/2023. (rfm, COURT USER) (Filed on 11/13/2023) [Transferred from cand on 1/19/2024.]
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| Filing 25 Statement re #24 Judicial Referral for Purpose of Determining Relationship of Cases by Cheyenne Berry. (Attachments: #1 Declaration of John Glugoski In Support of Plaintiff Berry's Statement of Finding Berry Action Unrelated, #2 Proposed Order)(Glugoski, John) (Filed on 11/10/2023) [Transferred from cand on 1/19/2024.] |
| Filing 26 Minute Entry for proceedings held before Judge Trina L Thompson: Initial Case Management Conference held on 11/9/2023. Case referred to Private ADR to be completed by 5/8/2025. Jury Selection set for 11/3/2025 - 11-19/2025 at 8:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Estimated Length: 7-10 days. Final Pretrial Conference set for 10/2/2025 at 3:00 PM in San Francisco, Courtroom 09, 19th Floor. Joint Pretrial Statement with Objections due by 9/18/2025.Dispositive Motion Hearing set for 9/2/2025 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Dispositive Motion due by 7/1/2025. Close of Expert Discovery is 6/30/2025. Rebuttal Reports due by 6/9/2025. Opening Reports due by 5/19/2025. Close of Fact Discovery is 5/5/2025. Further Case Management Conference set for 5/9/2024 at 2:00 PM in San Francisco - Videoconference Only. Joint Case Management Statement due by 5/2/2024. Amended Pleadings due by 2/5/2024. Written order to be issued.Total Time in Court: 15 minutes. Court Reporter: Not reported. Plaintiff Attorney: John Glugoski. Defendant Attorney: Lindsay Hutner Matthew Weber. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 11/9/2023) [Transferred from cand on 1/19/2024.] |
| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 11/9/2023) [Transferred from cand on 1/19/2024.] |
| Filing 24 REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP re 21-cv-02147-HSG. Signed by Judge Trina L. Thompson on 11/8/2023. (rfm, COURT USER) (Filed on 11/8/2023) [Transferred from cand on 1/19/2024.] |
| Filing 23 JOINT CASE MANAGEMENT STATEMENT filed by Amazon.com Inc., Amazon.com Services LLC. (Weber, Matthew) (Filed on 11/2/2023) [Transferred from cand on 1/19/2024.] |
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Filing 22
Order GRANTING #21 Stipulation selecting Private ADR. Signed by Judge Trina L Thompson on 11/1/2023. (rfm, COURT USER) (Filed on 11/1/2023) [Transferred from cand on 1/19/2024.]
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| Filing 21 STIPULATION and Proposed Order selecting Private ADR by Cheyenne Berry filed by Cheyenne Berry. (Glugoski, John) (Filed on 11/1/2023) [Transferred from cand on 1/19/2024.] |
| Filing 20 NOTICE of Change of Address by Matthew Righetti (Attachments: #1 Certificate/Proof of Service)(Righetti, Matthew) (Filed on 10/11/2023) [Transferred from cand on 1/19/2024.] |
| Filing 19 REPLY (re #15 MOTION to Dismiss NOTICE OF MOTION AND MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES ) REPLY BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT filed byAmazon.com Inc., Amazon.com Services LLC. (Hyde, Samuel) (Filed on 10/5/2023) [Transferred from cand on 1/19/2024.] |
| Filing 18 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss NOTICE OF MOTION AND MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES ) filed byCheyenne Berry. (Attachments: #1 Declaration of Cheyenne Berry ISO Opposition to Defendants' Motion to Transfer or Dismiss)(Glugoski, John) (Filed on 9/28/2023) [Transferred from cand on 1/19/2024.] |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nathan, Reuben) (Filed on 9/27/2023) [Transferred from cand on 1/19/2024.] |
| Filing 16 Request for Judicial Notice re #15 MOTION to Dismiss NOTICE OF MOTION AND MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DEFENDANTS AMAZON.COM, INC. AND AMAZON.COM SERVICES, LLC'S REQUEST FOR JUDICIAL NOTICE filed byAmazon.com Inc., Amazon.com Services LLC. (Related document(s) #15 ) (Hyde, Samuel) (Filed on 9/14/2023) [Transferred from cand on 1/19/2024.] |
| Filing 15 MOTION to Dismiss NOTICE OF MOTION AND MOTION TO TRANSFER OR DISMISS FIRST AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Amazon.com Inc., Amazon.com Services LLC. Motion Hearing set for 1/16/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Responses due by 9/28/2023. Replies due by 10/5/2023. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS AMAZON.COM, INC. AND AMAZON.COM SERVICES, LLC'S MOTION TO TRANSFER OR DISMISS)(Hyde, Samuel) (Filed on 9/14/2023) [Transferred from cand on 1/19/2024.] |
| Filing 14 Summons Issued as to Amazon.com Inc., Amazon.com Services LLC. (dhm, COURT STAFF) (Filed on 8/31/2023) [Transferred from cand on 1/19/2024.] |
| Filing 13 AMENDED COMPLAINT against Amazon.com Inc., Amazon.com Services LLC. Filed by Cheyenne Berry. (Attachments: #1 Summons Proposed Summons as to Amazon.com Services LLC, #2 Summons Proposed Summons as to Amazon.com, Inc.)(Righetti, Matthew) (Filed on 8/31/2023) Modified text on 8/31/2023 (dhm, COURT STAFF). [Transferred from cand on 1/19/2024.] |
| #Electronic filing error. Document submitted incorrectly. [err101] Re: #13 Amended Complaint, filed by Cheyenne Berry. ***Proposed Summons should not be submitted as an attachment to the complaint. In the future, please submit proposed summons as a separate entry using the correct ECF event**** (dhm, COURT STAFF) (Filed on 8/31/2023) [Transferred from cand on 1/19/2024.] |
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Filing 12
ORDER GRANTING #10 STIPULATION REGARDING PLAINTIFF'S FILING OF FIRST AMENDED COMPLAINT; ORDER. Signed by Judge Trina L. Thompson on 8/14/2023. (rfm, COURT USER) (Filed on 8/14/2023) [Transferred from cand on 1/19/2024.]
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| Filing 11 NOTICE by Amazon.com Inc., Amazon.com Services LLC of Pendency of Other Actions or Proceedings (Hutner, Lindsay) (Filed on 8/11/2023) [Transferred from cand on 1/19/2024.] |
| Filing 10 STIPULATION WITH PROPOSED ORDER Regarding Plaintiffs Filing of First Amended Complaint filed by Amazon.com Inc., Amazon.com Services LLC. (Weber, Matthew) (Filed on 8/10/2023) [Transferred from cand on 1/19/2024.] |
| Filing 9 CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 11/9/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 11/2/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 8/4/2023) [Transferred from cand on 1/19/2024.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Chief Magistrate Judge Donna M. Ryu no longer assigned to case. Signed by The Clerk on 8/4/2023. (bar, COURT STAFF) (Filed on 8/4/2023) [Transferred from cand on 1/19/2024.]
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| Filing 7 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. (kc, COURT STAFF) (Filed on 8/4/2023) [Transferred from cand on 1/19/2024.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cheyenne Berry.. (Righetti, Matthew) (Filed on 8/3/2023) [Transferred from cand on 1/19/2024.] |
| Filing 5 CLERK'S NOTICE Re: Consent or Declination: Defendants 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 8/10/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 7/27/2023) [Transferred from cand on 1/19/2024.] |
| Filing 4 STIPULATION Extending Time for Defendants' Initial Response to Complaint filed by Amazon.com Inc., Amazon.com Services LLC. (Hyde, Samuel) (Filed on 7/27/2023) [Transferred from cand on 1/19/2024.] |
| Filing 3 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 10/11/2023. Initial Case Management Conference set for 10/18/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (dhm, COURT STAFF) (Filed on 7/21/2023) [Transferred from cand on 1/19/2024.] |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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 8/3/2023. (bw, COURT STAFF) (Filed on 7/20/2023) [Transferred from cand on 1/19/2024.] |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is 23CV032667. (Filing fee $402 receipt number ACANDC-18468714). Filed byAmazon.com Services LLC, Amazon.com Inc.. (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement, #3 Declaration of Lindsay Hutner, #4 Declaration of Zane Brown, #5 Declaration of Beth Rothenberger, #6 Certificate/Proof of Service)(Hutner, Lindsay) (Filed on 7/20/2023) [Transferred from cand on 1/19/2024.] |
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