Harris v. D.A. McCosker Contruction Co.
Plaintiff: Andrew R. Harris
Defendant: D.A. McCosker Contruction Co. a California corporation doing business as Independent Construction Co.
Case Number: 3:2011cv05339
Filed: November 3, 2011
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Contra Costa
Presiding Judge: Charles R Breyer
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2013 Filing 55 Transcript of Proceedings held on October 26, 2012, before Judge Charles R. Breyer. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, Telephone number 415-255-6842. 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. Redaction Request due 2/20/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 4/30/2013. (Columbini, Joan) (Filed on 1/30/2013)
January 18, 2013 Filing 54 Transcript of Proceedings held on 1/20/12, before Judge Charles R. Breyer. Court Reporter/Transcriber Katherine Powell Sullivan, Official Reporter, Telephone number 415-794-6659/Katherine_Sullivan@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. Redaction Request due 2/8/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 4/18/2013. (Sullivan, Katherine) (Filed on 1/18/2013)
January 2, 2013 Filing 52 USCA Case Number 12-17676 USCA 9th Circuit for #49 Amended Notice of Appeal filed by Andrew R. Harris. (dtmS, COURT STAFF) (Filed on 1/2/2013)
December 28, 2012 Filing 51 TRANSCRIPT DESIGNATION by Andrew R. Harris for proceedings held on 1/20/12, 10/26/12 before Judge Breyer, Charles.. (Fanady, Kimberly) (Filed on 12/28/2012)
December 5, 2012 Filing 50 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #49 Amended Notice of Appeal (Attachments: #1 Docket)(dtmS, COURT STAFF) (Filed on 12/5/2012)
December 4, 2012 Filing 49 AMENDED NOTICE OF APPEAL by Andrew R. Harris . Appeal Record due by 1/3/2013. (Attachments: #1 Exhibit Representation Statement)(Fanady, Kimberly) (Filed on 12/4/2012)
December 4, 2012 Filing 48 NOTICE OF APPEAL to the 9th CCA Andrew R. Harris.(Appeal fee of $455 receipt number 0971-7318464 paid.) (Attachments: #1 Exhibit Representation Statement)(Fanady, Kimberly) (Filed on 12/4/2012)
November 6, 2012 Filing 47 JUDGMENT for defendant and against plaintiff. Signed by Judge Charles R. Breyer on 11/6/2012. (crblc1, COURT STAFF) (Filed on 11/6/2012) Modified on 11/7/2012 (mclS, COURT STAFF).
November 6, 2012 Opinion or Order Filing 46 ORDER by Judge Charles R. Breyer granting #43 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 11/6/2012)
October 26, 2012 Filing 53 Minute Entry: Motion Hearing held on 10/26/2012 before Charles R. Breyer (Date Filed: 10/26/2012) re #43 MOTION to Dismiss first amended complaint filed by D.A. McCosker Contruction Co.. (Court Reporter Joan Columbini.) (beS, COURT STAFF) (Date Filed: 10/26/2012)
October 10, 2012 Filing 45 REPLY (re #43 MOTION to Dismiss first amended complaint ) in Support of its Motion to Dismiss Plaintiff's First Amended Complaint filed byD.A. McCosker Contruction Co.. (VanBrussel, Mark) (Filed on 10/10/2012)
October 3, 2012 Filing 44 RESPONSE (re #43 MOTION to Dismiss first amended complaint ) MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO DISMISS FIRST AMENDED COMPLAINT [F.R.C.P. 12(b)(6)] filed byAndrew R. Harris. (Kipperman, Steven) (Filed on 10/3/2012)
September 19, 2012 Filing 43 MOTION to Dismiss first amended complaint filed by D.A. McCosker Contruction Co.. Motion Hearing set for 10/26/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 10/3/2012. Replies due by 10/10/2012. (Attachments: #1 Proposed Order, #2 Supplement Request for judicial notice)(VanBrussel, Mark) (Filed on 9/19/2012) Modified on 10/3/2012 (mcl, COURT STAFF).
September 5, 2012 Filing 42 AMENDED COMPLAINT against All Defendants. Filed byAndrew R. Harris. (Kipperman, Steven) (Filed on 9/5/2012)
August 8, 2012 Opinion or Order Filing 41 ORDER by Judge Charles R. Breyer vacating #31 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 8/8/2012)
July 12, 2012 Filing 40 Declaration of Sean O'Donoghue In Support of Defendant's Motion to Dismiss filed byD.A. McCosker Contruction Co.. (VanBrussel, Mark) (Filed on 7/12/2012)
July 12, 2012 Filing 39 Declaration of Kevin Rowe In Support of #31 Defendant's Motion to Dismiss filed byD.A. McCosker Contruction Co. (VanBrussel, Mark) (Filed on 7/12/2012) Modified on 7/13/2012 (mcl, COURT STAFF).
July 12, 2012 Filing 38 Declaration of Brian Cartmell In Support of #31 Defendant's Motion to Dismiss filed byD.A. McCosker Contruction Co. (VanBrussel, Mark) (Filed on 7/12/2012) Modified on 7/13/2012 (mcl, COURT STAFF).
July 12, 2012 Filing 37 Declaration of Brian McCosker In Support of #31 Defendant's Motion to Dismiss filed byD.A. McCosker Contruction Co. (VanBrussel, Mark) (Filed on 7/12/2012) Modified on 7/13/2012 (mcl, COURT STAFF).
July 12, 2012 Filing 36 REPLY (re #31 MOTION to Dismiss Plaintiff's Complaint ) filed byD.A. McCosker Contruction Co.. (VanBrussel, Mark) (Filed on 7/12/2012)
July 5, 2012 Filing 35 RESPONSE (re #31 MOTION to Dismiss Plaintiff's Complaint ) filed byAndrew R. Harris. (Attachments: #1 Declaration, #2 Proposed Order)(Kipperman, Steven) (Filed on 7/5/2012)
June 21, 2012 Filing 34 Proposed Order re #31 Defendant's Motion to Dismiss by D.A. McCosker Contruction Co. (VanBrussel, Mark) (Filed on 6/21/2012) Modified on 6/22/2012 (mcl, COURT STAFF).
June 21, 2012 Filing 33 Request for Judicial Notice re #31 MOTION to Dismiss Plaintiff's Complaint filed byD.A. McCosker Contruction Co.. (Related document(s) #31 ) (VanBrussel, Mark) (Filed on 6/21/2012)
June 21, 2012 Filing 32 Declaration of Brian McCosker in Support of #31 MOTION to Dismiss Plaintiff's Complaint filed byD.A. McCosker Contruction Co.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #31 ) (VanBrussel, Mark) (Filed on 6/21/2012)
June 21, 2012 Filing 31 MOTION to Dismiss Plaintiff's Complaint filed by D.A. McCosker Contruction Co.. Motion Hearing set for 8/10/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 7/5/2012. Replies due by 7/12/2012. (VanBrussel, Mark) (Filed on 6/21/2012)
March 19, 2012 Opinion or Order Filing 30 ORDER STAYING CASE 30 days after final disposition of grievance or 10/15/2012. Signed by Judge Charles R. Breyer on 3/16/2012. Initial Case Management Conference set for 4/13/2012 is vacated.(beS, COURT STAFF) (Filed on 3/19/2012)
March 12, 2012 Filing 29 STIPULATION WITH PROPOSED ORDER to Stay of Action filed by Andrew R. Harris. (Fanady, Kimberly) (Filed on 3/12/2012)
March 8, 2012 Opinion or Order Filing 28 ORDER granting #27 STIPULATION Continung Case Management Conference filed by Andrew R. Harris. Initial Case Management Conference reset for 4/13/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 3/8/2012. (beS, COURT STAFF) (Filed on 3/8/2012)
March 6, 2012 Filing 27 STIPULATION WITH PROPOSED ORDER Continung Case Management Conference filed by Andrew R. Harris. (Fanady, Kimberly) (Filed on 3/6/2012)
March 6, 2012 ADR Remark: ADR Phone Conference held by RWS on 3/6/12. (sgd, COURT STAFF) (Filed on 3/6/2012)
February 29, 2012 Filing 26 REPORT of Rule 26(f) Planning Meeting (Joint). (Fanady, Kimberly) (Filed on 2/29/2012)
February 29, 2012 Filing 25 CASE MANAGEMENT STATEMENT (Joint) filed by Andrew R. Harris. (Fanady, Kimberly) (Filed on 2/29/2012)
February 14, 2012 Filing 24 ADR Clerk Notice Setting ADR Phone Conference on 3/6/12 at 9:30 a.m. Pacific. The attached document contains instructions for connecting to the call for parties to the case. (sgd, COURT STAFF) (Filed on 2/14/2012)
February 10, 2012 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Fanady, Kimberly) (Filed on 2/10/2012)
February 9, 2012 Filing 22 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Moyle, Connor) (Filed on 2/9/2012)
February 9, 2012 Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options D.A. McCosker (Moyle, Connor) (Filed on 2/9/2012)
January 30, 2012 Opinion or Order Filing 20 ORDER by Judge Charles R. Breyer denying #11 Motion to Remand. (crblc1, COURT STAFF) (Filed on 1/30/2012)
January 20, 2012 Filing 19 Minute Entry: Motion Hearing held on 1/20/2012 before Charles R. Breyer (Date Filed: 1/20/2012) re #11 MOTION to Remand filed by Andrew R. Harris. (Court Reporter Katherine Sullivan.) (beS, COURT STAFF) (Date Filed: 1/20/2012)
January 3, 2012 Opinion or Order Filing 18 ORDER continuing CMC re #17 Stipulation filed by Andrew R. Harris Initial Case Management Conference set for 3/9/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 12/29/2011. (beS, COURT STAFF) (Filed on 1/3/2012)
December 22, 2011 Filing 17 STIPULATION re continuance of case management conference by Andrew R. Harris. (Attachments: #1 signaturepage)(Fanady, Kimberly) (Filed on 12/22/2011)
December 12, 2011 Filing 16 REPLY (re #11 MOTION to Remand ) filed byAndrew R. Harris. (Attachments: #1 Declaration Fanady Decl, #2 Exhibit Fanady Decl Exh 1)(Kipperman, Steven) (Filed on 12/12/2011)
December 6, 2011 Filing 15 Proposed Order Denying Motion to Remand by D.A. McCosker Contruction Co.. (Moyle, Connor) (Filed on 12/6/2011)
December 6, 2011 Filing 14 DECLARATION of Brian McCosker in Opposition to Motion to Remand filed byD.A. McCosker Contruction Co.. (Attachments: #1 Exhibit A (pt 1), #2 Exhibit A (pt 2), #3 Exhibit B (pt 1), #4 Exhibit B (pt 2), #5 Exhibit C (pt 1), #6 Exhibit C (pt 2))(Moyle, Connor) (Filed on 12/6/2011)
December 6, 2011 Filing 13 RESPONSE (re #11 MOTION to Remand ) Opposition to Motion to Remand filed byD.A. McCosker Contruction Co.. (Moyle, Connor) (Filed on 12/6/2011)
November 22, 2011 Filing 12 CERTIFICATE OF SERVICE by Andrew R. Harris re #12 CLERKS NOTICE Initial Case Management Conference. (Kipperman, Steven) (Filed on 11/22/2011) Modified on 11/23/2011 (wsn, COURT STAFF).
November 22, 2011 Filing 11 MOTION to Remand filed by Andrew R. Harris. Motion Hearing set for 1/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 12/6/2011. Replies due by 12/13/2011. (Attachments: #1 Proposed Order Prop Ord Granting Mo Remand)(Kipperman, Steven) (Filed on 11/22/2011)
November 21, 2011 Filing 10 CLERKS NOTICE Initial Case Management Conference set for 2/17/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: #1 Standing Order) (beS, COURT STAFF) (Filed on 11/21/2011)
November 10, 2011 Filing 9 Certificate of Interested Entities by Andrew R. Harris (Fanady, Kimberly) (Filed on 11/10/2011)
November 9, 2011 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on November 9, 2011. (cjl, COURT STAFF) (Filed on 11/9/2011)
November 9, 2011 Filing 7 DEMAND for Trial by Jury by Andrew R. Harris. (Attachments: #1 Certificate/Proof of Service)(Fanady, Kimberly) (Filed on 11/9/2011)
November 8, 2011 Filing 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 11/8/2011)
November 8, 2011 Filing 5 Declination to Proceed Before a U.S. Magistrate Judge by D.A. McCosker Contruction Co.. (Moyle, Connor) (Filed on 11/8/2011)
November 8, 2011 Filing 4 CERTIFICATE OF SERVICE by D.A. McCosker Contruction Co. (Moyle, Connor) (Filed on 11/8/2011)
November 3, 2011 Filing 3 Certificate of Interested Entities by D.A. McCosker Contruction Co. (vlk, COURT STAFF) (Filed on 11/3/2011) (mclS, COURT STAFF).
November 3, 2011 Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 2/8/2012. Case Management Conference set for 2/15/2012 01:30 PM. (Attachments: #1 Standing Order)(vlk, COURT STAFF) (Filed on 11/3/2011)
November 3, 2011 Filing 1 Answer to Removal Complaint byD.A. McCosker Contruction Co.. (vlk, COURT STAFF) (Filed on 11/3/2011) Modified on 11/7/2011 (vlk, COURT STAFF).

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Plaintiff: Andrew R. Harris
Represented By: Kimberly A. Fanady
Represented By: Steven Mathew Kipperman
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Defendant: D.A. McCosker Contruction Co. a California corporation doing business as Independent Construction Co.
Represented By: Mark Henry VanBrussel
Represented By: Connor Joseph Moyle
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