Mario v. Swissport USA, Inc. et al
| Mario and Fesaitu Mario |
| Swissport USA, Inc, Swissport Cargo Services L.P. and Swissport USA, Inc. |
| 3:2017cv02099 |
| April 14, 2017 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Francisco |
| William Alsup |
| Sallie Kim |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2017. A more recent docket listing may be available from PACER.
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Filing 56
ORDER GRANTING STIPULATION TO DISMISS by Judge Alsup granting #55 Stipulation. (whalc1, COURT STAFF) (Filed on 11/8/2017) Modified on 11/8/2017 (whalc1, COURT STAFF).
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| Filing 55 STIPULATION WITH PROPOSED ORDER re #54 Order on Stipulation Amended Stipulation to Proceed to Arbitration filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 11/7/2017) |
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Filing 54
ORDER RE STIPULATION TO PROCEED TO ARBITRATION by Judge William Alsup re #53 Stipulation.(whalc1, COURT STAFF) (Filed on 11/6/2017)
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| Filing 53 STIPULATION WITH PROPOSED ORDER Stipulation to Proceed to Arbitration filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 11/6/2017) |
| Filing 52 CLERK'S NOTICE ADVANCING TIME OF MOTION HEARING: Motion Hearing re #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding is ADVANCED from 11/9/2017 at 1:30 p.m. to 11/9/2017 at 08:00 AM in Courtroom 12, 19th Floor, San Francisco before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 11/6/2017) |
| Filing 51 ERRATA re #47 Opposition/Response to Motion,,,,,,,,,,, (To the Compendium Exhibits 3 and 4) by Fesaitu Mario. (Attachments: #1 Exhibit Exhibit A to Notice of Errata, #2 Exhibit Exhibit B to Notice of Errata)(Grombacher, Kiley) (Filed on 10/24/2017) |
| Filing 50 REPLY (re #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding ) filed bySwissport Cargo Services L.P., Swissport USA, Inc.. (Attachments: #1 Declaration of Jennifer Seminara, #2 Declaration of Sarah K. Hamilton, #3 Exhibit 1 to Hamilton Declaration, #4 Exhibit 2 to Hamilton Declaration)(Hamilton, Sarah) (Filed on 10/20/2017) |
| Filing 49 CLERK'S NOTICE RESCHEDULING MOTION HEARING: #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding is rescheduled from 11/2/2017 to 11/9/2017 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco before Judge William Alsup. Briefing schedules remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 10/18/2017) |
| Filing 48 OBJECTIONS to re #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding (PLAINTIFFS EVIDENTIARY OBJECTIONS TO DECLARATION OF NWE MELENDEZ SUBMITTED BY DEFENDANTS SWISSPORT USA, INC., AND SWISSPORT CARGO SERVICES, L.P. IN SUPPORT OF THEIR MOTION TO COMPEL ARBITRATION) by Fesaitu Mario. (Grombacher, Kiley) (Filed on 10/13/2017) |
| Filing 47 OPPOSITION/RESPONSE (re #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding ) filed byFesaitu Mario. (Attachments: #1 Declaration DECLARATION OF KILEY LYNN GROMBACHER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #2 Exhibit Exhibit A TO THE DECLARATION OF KILEY LYNN GROMBACHER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #3 Exhibit Exhibit B TO THE DECLARATION OF KILEY LYNN GROMBACHER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #4 Exhibit EXHIBIT C TO THE DECLARATION OF KILEY LYNN GROMBACHER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #5 Exhibit EXHIBIT D DECLARATION OF KILEY LYNN GROMBACHER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #6 Appendix COMPENDIUM OF DECLARATIONS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #7 Exhibit EXHIBIT 1 TO THE COMPENDIUM OF DECLARATIONS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #8 Exhibit Exhibit 2 to the COMPENDIUM OF DECLARATIONS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #9 Exhibit Exhibit 3 TO THE COMPENDIUM OF DECLARATIONS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS, #10 Exhibit EXHIBIT 4 TO THE COMPENDIUM OF DECLARATIONS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SWISSPORT USA, INC. AND SWISSPORT CARGO SERVICES, L.P.S MOTION TO COMPEL ARBITRATION AND STAY CLASS CLAIMS, OR IN THE ALTERNATIVE, STAY ENTIRE PROCEEDINGS)(Grombacher, Kiley) (Filed on 10/13/2017) |
| Set/Reset Deadlines as to #42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding. Opposition due by 10/13/2017. Reply due by 10/20/2017. Motion Hearing reset to 11/2/2017 01:30 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (tlS, COURT STAFF) (Filed on 9/15/2017) |
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Filing 46
ORDER GRANTING STIPULATION AS MODIFIED by Hon. William Alsup granting #45 Stipulation. Motion Hearing set for 11/2/2017 01:30 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.(whalc1S, COURT STAFF) (Filed on 9/13/2017)
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| Filing 45 STIPULATION WITH PROPOSED ORDER filed by Fesaitu Mario. (Attachments: #1 Proposed Order [Proposed] Order to Stipulation to Continue the Hearing on Defendants' Motion to Compel Arbitration and Setting Briefing Schedule)(Grombacher, Kiley) (Filed on 9/12/2017) |
| Filing 44 TRANSCRIPT ORDER for proceedings held on August 15, 2017 before Hon. William Alsup by Fesaitu Mario, for Court Reporter Jo Ann Bryce. (Grombacher, Kiley) (Filed on 9/6/2017) |
| Filing 43 CERTIFICATE OF SERVICE by Fesaitu Mario to Plaintiff's Initial Disclosures (Grombacher, Kiley) (Filed on 9/5/2017) |
| Filing 42 MOTION to Compel Arbitration And Stay Class Claims, Or In The Alternative, Stay Entire Proceeding filed by Swissport Cargo Services L.P., Swissport USA, Inc.. Motion Hearing set for 10/26/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 9/14/2017. Replies due by 9/21/2017. (Attachments: #1 Declaration of Kenneth D. Sulzer, #2 Exhibit 1 to Sulzer Declaration, #3 Declaration of Nwe Melendez, #4 Exhibit 1 to Melendez Declaration, #5 Exhibit 2 to Melendez Declaration, #6 Proposed Order)(Hamilton, Sarah) (Filed on 8/31/2017) |
| Filing 41 Transcript of Proceedings held on 8/15/17, before Judge William H. Alsup. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. 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. (Re #40 Transcript Order ) Release of Transcript Restriction set for 11/15/2017. (Related documents(s) #40 ) (jabS, COURTSTAFF) (Filed on 8/17/2017) |
| Filing 40 TRANSCRIPT ORDER for proceedings held on 08/15/2017 before Hon. William Alsup by Swissport Cargo Services L.P., Swissport USA, Inc., for Court Reporter Jo Ann Bryce. (Hamilton, Sarah) (Filed on 8/16/2017) |
| Filing 39 Minute Entry for proceedings held before Hon. William Alsup: Initial Case Management Conference held on 8/15/2017. By 8/31/2017, defendant shall file a Motion for Arbitration. Initial Disclosures shall be completed by 8/31/2017. No further dates set. Supreme Court decision could be in January. Total Time in Court 14 minutes. Court Reporter Name JoAnn Bryce. Plaintiff Attorney Kiley Grombacher. Defendant Attorney Kenneth Sulzer; Sarah Hamilton. This is a text-only Minute Entry (dlS, COURT STAFF) (Date Filed: 8/15/2017) |
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Filing 38
ORDER RE INITIAL DISCLOSURES AND MOTION TO COMPEL Signed by Judge Alsup on 8/15/2017. (whalc1, COURT STAFF) (Filed on 8/15/2017)
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| Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Grombacher, Kiley) (Filed on 8/8/2017) |
| Filing 36 CASE MANAGEMENT STATEMENT (Joint) filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 8/8/2017) |
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Filing 35
ORDER GRANTING STIPULATION AS MODIFIED by Hon. William Alsup granting #34 Stipulation.(whalc1, COURT STAFF) (Filed on 8/3/2017)
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| Filing 34 STIPULATION WITH PROPOSED ORDER Regarding Right to File Motion to Compel Arbitration and Stay of Class and Collective Claims Discovery and Proceedings filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 8/2/2017) |
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Filing 33
ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO 8/15/2017 AT 11:00 AM by Hon. William Alsup [ranting in part and denying in part #30 Stipulation]. Case Management Statement due by 8/8/2017. Initial Case Management Conference set for 8/15/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco.(whasec, COURT STAFF) (Filed on 7/18/2017)
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| Filing 32 STIPULATION and Proposed Order selecting Private ADR by Swissport Cargo Services L.P., Swissport USA, Inc. filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 7/14/2017) |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hamilton, Sarah) (Filed on 7/14/2017) |
| Filing 30 STIPULATION WITH PROPOSED ORDER re 28 Clerk's Notice, Request to Continue Initial Case Management Conference filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 7/14/2017) |
| Filing 29 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 7/11/2017) |
| Filing 28 AMENDED CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 7/20/2017. Initial Case Management Conference set for 7/27/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (dl, COURT STAFF) (Filed on 7/3/2017) |
| Filing 27 CLERK'S NOTICE Scheduling Initial CMC on Reassignment. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 7/20/2017. Initial Case Management Conference set for 7/20/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/whaorders. (dl, COURT STAFF) (Filed on 6/16/2017) |
| Filing 26 Certificate of Interested Entities by Swissport Cargo Services L.P. (Hamilton, Sarah) (Filed on 6/16/2017) |
| Filing 25 Certificate of Interested Entities by Swissport USA, Inc. identifying Corporate Parent Swissport Holdings, Inc. for Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 6/16/2017) |
| Filing 24 CERTIFICATE OF SERVICE by Swissport USA, Inc. re #23 Answer to Complaint (Hamilton, Sarah) (Filed on 6/15/2017) |
| Filing 23 ANSWER to Complaint bySwissport USA, Inc.. (Hamilton, Sarah) (Filed on 6/14/2017) |
| Filing 22 CERTIFICATE OF SERVICE by Swissport Cargo Services L.P. re #21 Answer to Complaint (Hamilton, Sarah) (Filed on 6/13/2017) |
| Filing 21 ANSWER to Complaint bySwissport Cargo Services L.P.. (Hamilton, Sarah) (Filed on 6/12/2017) |
| Filing 20 NOTICE REGARDING FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT Signed by Judge Alsup on 6/5/2017. (whalc1, COURT STAFF) (Filed on 6/5/2017) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William Alsup for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 6/5/17. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 6/5/2017)
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| Filing 18 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. (mklS, COURT STAFF) (Filed on 6/5/2017) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fesaitu Mario.. (Bradley, Marcus) (Filed on 6/2/2017) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 6/1/2017) |
| Filing 15 CERTIFICATE OF SERVICE filed by Fesaitu Mario of re #9 Clerk's Notice re: Consent or Declination, re #1 Complaint, re #2 Certificate of Interested Entities, re #8 Summons Issued to Swissport Cargo Services, L.P., A California Limited Partnership (Grombacher, Kiley) (Filed on 5/22/2017) |
| Filing 14 CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendants shall file a consent or declination to proceed before a magistrate judge by 6/2/2017. 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. (mklS, COURT STAFF) (Filed on 5/19/2017) |
| Filing 13 CERTIFICATE OF SERVICE by Fesaitu Mario re 5 Case Assigned by Intake,,, #6 Initial Case Management Scheduling Order with ADR Deadlines and Standing Order for All Judges of Northern District of California and Standing Order for Magistrate Judge Sallie Kim (Grombacher, Kiley) (Filed on 5/15/2017) |
| Filing 12 Service of Summons Returned Executed/CERTIFICATE OF SERVICE by Fesaitu Mario re #9 Clerk's Notice re: Consent or Declination, #1 Complaint, #2 Certificate of Interested Entities, #7 Summons Issued to Swissport USA, Inc., a Delaware corporation (Grombacher, Kiley) (Filed on 5/15/2017) Modified on 5/17/2017 (ysS, COURT STAFF). |
| Filing 11 CERTIFICATE OF SERVICE by Swissport Cargo Services L.P., Swissport USA, Inc. re #10 Stipulation (Hamilton, Sarah) (Filed on 5/4/2017) |
| Filing 10 STIPULATION re #1 Complaint Stipulation To Extend Time To Respond To Initial Complaint filed by Swissport Cargo Services L.P., Swissport USA, Inc.. (Hamilton, Sarah) (Filed on 5/4/2017) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 5/15/2017. 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. (mklS, COURT STAFF) (Filed on 5/1/2017) |
| Filing 8 Summons Issued as to Swissport Cargo Services L.P.. (ysS, COURT STAFF) (Filed on 4/17/2017) |
| Filing 7 Summons Issued as to Swissport USA, Inc.. (ysS, COURT STAFF) (Filed on 4/17/2017) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/10/2017. Case Management Conference set for 7/17/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 4/14/2017) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. 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 4/28/2017. (srnS, COURT STAFF) (Filed on 4/14/2017) |
| Filing 4 Proposed Summons. (Grombacher, Kiley) (Filed on 4/14/2017) |
| Filing 3 Proposed Summons. (Grombacher, Kiley) (Filed on 4/14/2017) |
| Filing 2 Certificate of Interested Entities by Fesaitu Mario re #1 Complaint (Grombacher, Kiley) (Filed on 4/14/2017) |
| Filing 1 COMPLAINT against Fesaitu Mario. Filed byFesaitu Mario. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Grombacher, Kiley) (Filed on 4/14/2017) Receipt for Filing Fee 0971-11316560. Modified on 4/17/2017 (srnS, COURT STAFF). |
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