Marcy v. J.R. Simplot Company
Plaintiff: Danielle Marcy
Defendant: J.R. Simplot Company
Case Number: 2:2022cv00523
Filed: March 21, 2022
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Kimberly J Mueller
2 Judge: Troy L Nunley
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2022 Filing 21 OPPOSITION by J.R. Simplot Company to #19 Motion to Remand,. (Attachments: #1 Exhibit A, #2 Declaration of Angela Buffalin, #3 Proof of Service)(Nader, Michael) Modified on 5/18/2022 (Coll, A).
May 6, 2022 Filing 20 CORRECTED DECLARATION of Ariel Kumpinsky in support of #1 Notice of Removal. (Nader, Michael) Modified on 5/9/2022 (Huang, H).
May 3, 2022 Filing 19 AMENDED #17 MOTION TO REMAND by All Plaintiffs. Motion Hearing set for 6/16/2022 at 2:00 PM before District Judge Troy L. Nunley. (Attachments: #1 Declaration of Liane Katzenstein Ly, #2 Ex A , #3 Ex B, #4 Proposed Order) (Kingsley, Eric) Modified on 5/3/2022 (Krueger, M).
May 3, 2022 Filing 18 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 5/3/2022: The Court is in receipt of Plaintiff's Motion to Remand (ECF No. #17 ). The Motion is not properly noticed and Plaintiff is directed to notice the Motion in Compliance with Local Rule 230(a) and (b). Accordingly, the Motion is TERMINATED. Counsel may find the Court's available law and motion dates on the Court's website. (Text Only Entry) (Krueger, M)
May 2, 2022 Filing 17 MOTION to REMAND by Danielle Marcy. (Attachments: #1 Declaration of Liane Katzenstein Ly, #2 Exhibit A, #3 Exhibit Exhibit B , #4 Proposed Order)(Kingsley, Eric) Modified on 5/16/2022 (Benson, A.).
April 12, 2022 Filing 16 CERTIFICATE of SERVICE by J.R. Simplot Company re #11 Order, #10 Order on Application for Pro Hac Vice, #13 Civil New Case Documents for TLN, #12 Order Reassigning Case. (Cirner, Paul)
April 11, 2022 Filing 15 MINUTE ORDER issued by Relief Courtroom Deputy M. York for District Judge Troy L. Nunley on 4/11/2022: The Court hereby GRANTS the parties' Stipulated Request (ECF No. #14 ). Plaintiff shall file a motion to remand no later than May 2, 2022. Defendant shall file an answer or otherwise respond to Plaintiff's Complaint no later than thirty (30) days after the hearing on Plaintiff's motion to remand without prejudice as to a renewed request for extension of time if the Court has not yet ruled on the motion to remand. If the motion to remand is DENIED, Defendant shall thirty (30) days from the issuance of the order to file a Rule 12 Motion or otherwise respond to the Complaint. (TEXT ONLY ENTRY) (York, M)
April 8, 2022 Filing 14 STIPULATION and PROPOSED ORDER to Reinstate the Timelines by J.R. Simplot Company. (Nader, Michael) Modified on 4/11/2022 (Benson, A.).
April 6, 2022 Filing 13 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Huang, H)
April 6, 2022 Opinion or Order Filing 12 RELATED CASE ORDER signed by District Judge Troy L. Nunley on 4/5/2022 ORDERING that this case be related to case number 2:21-cv-01054-TLN-CKD and that the related case be reassigned to District Judge Troy L. Nunley for all further proceedings. Any dates currently set in the reassigned case are VACATED. The caption on documents filed in the reassigned case shall be known as 2:22-cv-00523-TLN-CKD. The Clerk shall make the appropriate adjustments in the case assignment. Chief District Judge Kimberly J. Mueller no longer assigned. (Huang, H)
April 1, 2022 Opinion or Order Filing 11 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/22 ORDERING that plaintiff shall file a motion to remand no later than 30 days from the date of this order. Defendant shall file an answer to the complaint no later than 30 days after the hearing on the motion to remand, without prejudice as to a renewed request for an extension of time if the court has not yet ruled on the motion to remand.This order resolves ECF Nos. #7 and #9 .(Kastilahn, A)
March 30, 2022 Opinion or Order Filing 10 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/29/2022 GRANTING #8 Application for Pro Hac Vice. Added attorney Paul E. Cirner, PHV for J.R. Simplot Company. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Huang, H)
March 29, 2022 Filing 9 JOINT STIPULATED REQUEST by Danielle Marcy. Attorney Kingsley, Eric Bryce added. (Kingsley, Eric) Modified on 3/30/2022 (Mena-Sanchez, L).
March 23, 2022 Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by J.R. Simplot Company for attorney Paul E. Cirner to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10138707) (Attachments: #1 Certificate of Good Standing, #2 Proof of Service)(Nader, Michael)
March 22, 2022 Filing 7 STIPULATION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by J.R. Simplot Company. (Attachments: #1 Proof of Service)(Nader, Michael) Modified on 3/23/2022 (Reader, L).
March 22, 2022 Filing 6 NOTICE of RELATED CASE(S) 2:21-cv-01054-TLN-CKD by J.R. Simplot Company. (Attachments: #1 Proof of Service)(Nader, Michael)
March 22, 2022 Filing 5 NOTICE of COMPLIANCE with 28 U.S.C. Section 1446(D) by J.R. Simplot Company. (Attachments: #1 Proof of Service)(Nader, Michael)
March 21, 2022 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/28/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Huang, H)
March 21, 2022 Filing 3 CERTIFICATE of SERVICE re #1 Notice of Removal, #2 Civil Cover Sheet by J.R. Simplot Company. (Nader, Michael)
March 21, 2022 Filing 2 CIVIL COVER SHEET by J.R. Simplot Company. (Nader, Michael)
March 21, 2022 Filing 1 NOTICE of REMOVAL from San Joaquin Superior Court, case number STK-CV-UOE-2022-1105 by J.R. Simplot Company. (Filing fee $ 402, receipt number ACAEDC-10133325) (Attachments: #1 Declaration of Kala Killworth, #2 Declaration of Jennifer Goodman, #3 Declaration of Eric Hartvigsen, #4 Declaration of Ariel Kumpinsky, #5 Declaration of Michael J. Nader, #6 Notice of Interested Parties)(Nader, Michael)

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Plaintiff: Danielle Marcy
Represented By: Liane Katzenstein Ly
Represented By: Eric Bryce Kingsley
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Defendant: J.R. Simplot Company
Represented By: Michael John Nader
Represented By: Paul E. Cirner, PHV
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