Rodriguez, Jr. v. FreshPoint, Inc. et al
Plaintiff: Rodriguez, Jr. and Javier Rodriguez, Jr.
Defendant: FreshPoint, Inc, FreshPoint, Inc. and Freshpoint San Francisco, Inc.
Case Number: 4:2016cv05271
Filed: September 14, 2016
Court: US District Court for the Northern District of California
Presiding Judge: Phyllis J Hamilton
Referring Judge: Donna M Ryu
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 11, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2017 Filing 24 NOTICE of Appearance by Jessica Renee Corrales (Corrales, Jessica) (Filed on 1/11/2017)
November 16, 2016 Filing 23 Acknowledgment from Alameda County Superior Court. (vlkS, COURT STAFF) (Filed on 11/16/2016)
November 3, 2016 Filing 22 Sent certified copies of #21 Order remanding case and docket sheet to Alameda County Superior Court (vlkS, COURT STAFF) (Filed on 11/3/2016)
November 2, 2016 Opinion or Order Filing 21 ORDER by Judge Hamilton denying #6 Motion to Dismiss; ORDER remanding case. (pjhlc1, COURT STAFF) (Filed on 11/2/2016)
November 2, 2016 Filing 20 Minute Entry for proceedings held before Hon. Phyllis J. Hamilton: Motion Hearing held on 11/2/2016 re #6 MOTION to Dismiss Complaint filed by FreshPoint, Inc., Freshpoint San Francisco, Inc. Court Reporter: Diane Skillman. (napS, COURT STAFF) (Date Filed: 11/2/2016)
October 25, 2016 Opinion or Order Filing 19 Order by Hon. Phyllis J. Hamilton granting #18 Motion for Pro Hac Vice for Martin T. Wymer.(napS, COURT STAFF) (Filed on 10/25/2016)
October 20, 2016 Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10865425.) filed by FreshPoint, Inc., Freshpoint San Francisco, Inc.. (Wymer, Martin) (Filed on 10/20/2016)
October 12, 2016 Filing 17 Request for Judicial Notice re #16 Reply to Opposition/Response filed byFreshPoint, Inc., Freshpoint San Francisco, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #16 ) (Bils, Jeffrey) (Filed on 10/12/2016)
October 12, 2016 Filing 16 REPLY to Opposition (re #6 MOTION to Dismiss Complaint), filed by FreshPoint, Inc., Freshpoint San Francisco, Inc.. (Bils, Jeffrey) (Filed on 10/12/2016) Modified on 10/13/2016 (jlmS, COURT STAFF).
October 5, 2016 Filing 15 RESPONSE (re #6 MOTION to Dismiss Complaint ) Plaintiff's Opposition to Defendants' Motion to Dismiss filed byJavier Rodriguez, Jr.. (Attachments: #1 Request for Judicial Notice, #2 Certificate/Proof of Service)(Vecchi, Jill) (Filed on 10/5/2016)
October 4, 2016 Filing 14 Statement Submission Re Standing Order Re Removed Cases by FreshPoint, Inc., Freshpoint San Francisco, Inc.. (Madoyan, Vartan) (Filed on 10/4/2016)
September 29, 2016 Opinion or Order Filing 13 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/12/2017. Initial Case Management Conference set for 1/19/2017 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 9/29/16. (napS, COURT STAFF) (Filed on 9/29/2016)
September 27, 2016 Set/Reset hearing as to #6 MOTION to Dismiss Complaint. Motion Hearing set for 11/2/2016 09:00 AM before Hon. Phyllis J. Hamilton. (vlkS, COURT STAFF) (Filed on 9/27/2016)
September 27, 2016 Filing 12 Renotice motion hearing re #6 MOTION to Dismiss Complaint filed byFreshPoint, Inc., Freshpoint San Francisco, Inc.. (Related document(s) #6 ) (Madoyan, Vartan) (Filed on 9/27/2016)
September 26, 2016 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on September 26, 2016. (cjlS, COURT STAFF) (Filed on 9/26/2016)
September 23, 2016 Filing 10 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. (vlkS, COURT STAFF) (Filed on 9/23/2016)
September 22, 2016 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Javier Rodriguez, Jr... (Attachments: #1 Certificate/Proof of Service)(Vecchi, Jill) (Filed on 9/22/2016)
September 22, 2016 Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 9/29/2016. 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. (ig, COURT STAFF) (Filed on 9/22/2016)
September 21, 2016 Filing 7 Request for Judicial Notice re #6 MOTION to Dismiss Complaint filed byFreshPoint, Inc., Freshpoint San Francisco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #6 ) (Bils, Jeffrey) (Filed on 9/21/2016)
September 21, 2016 Filing 6 MOTION to Dismiss Complaint filed by FreshPoint, Inc., Freshpoint San Francisco, Inc.. Motion Hearing set for 10/27/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 10/5/2016. Replies due by 10/12/2016. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order)(Bils, Jeffrey) (Filed on 9/21/2016)
September 15, 2016 Filing 5 CERTIFICATE OF SERVICE by FreshPoint, Inc., Freshpoint San Francisco, Inc. (Service of Court Documents after Filing Notice of Removal) (Bils, Jeffrey) (Filed on 9/15/2016)
September 15, 2016 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/14/2016. Case Management Conference set for 12/21/2016 01:30 PM. (vlkS, COURT STAFF) (Filed on 9/15/2016)
September 15, 2016 Filing 3 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. 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 9/29/2016. (cjlS, COURT STAFF) (Filed on 9/15/2016)
September 14, 2016 Filing 2 Certificate of Interested Entities by FreshPoint, Inc., Freshpoint San Francisco, Inc. identifying Corporate Parent Sysco Corporation for FreshPoint, Inc., Freshpoint San Francisco, Inc.. (Bils, Jeffrey) (Filed on 9/14/2016)
September 14, 2016 Filing 1 NOTICE OF REMOVAL of Action to Federal Court from Superior Court of California, County of Alameda. Their case number is RG16825142. (Filing fee $400 receipt number 0971-10770167). Filed byFreshpoint San Francisco, Inc., FreshPoint, Inc.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Civil Cover Sheet, #3 Declaration of Tom Piz in Support of Removal, #4 Certification of Interested Entitites or Persons)(Bils, Jeffrey) (Filed on 9/14/2016)

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Defendant: FreshPoint, Inc
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Defendant: FreshPoint, Inc.
Represented By: Margaret Rosenthal
Represented By: Jeffrey Charles Bils
Represented By: Vartan Serge Madoyan
Represented By: Martin Thomas Wymer
Represented By: Sabrina Layne Shadi
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Defendant: Freshpoint San Francisco, Inc.
Represented By: Margaret Rosenthal
Represented By: Jeffrey Charles Bils
Represented By: Vartan Serge Madoyan
Represented By: Martin Thomas Wymer
Represented By: Sabrina Layne Shadi
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Plaintiff: Rodriguez, Jr.
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Plaintiff: Javier Rodriguez, Jr.
Represented By: William David Turley
Represented By: Jill Marie Vecchi
Represented By: David Thomas Mara
Represented By: Jessica Renee Corrales
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