Escalante v. San Francisco Community College District, and Board of Trustees et al
| Carolyn Escalante |
| Trudy Walton, Clara Starr, Sunny L. Clark, Steven Bruckman, Dianna R. Gonzales, Karl A. Gamarra, Service Employees International Union Local 1021, Elizabeth Coria, Leticia A. Santana Sazo, Athena Steff, San Francisco Community College District, and Board of Trustees, Kaden Kratzer, Mark W. Rocha, Roxanne Sanchez, Joseph A. Guiriba, Marylou Leyba, Service Employees International Union, City College Chapter Local1021, Leilani F. Battiste, Gregory Cross, Marylou Leyba-Frank and Maria M. Lampasona |
| 4:2018cv05562 |
| September 11, 2018 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Elizabeth D Laporte |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 141
ORDER of USCA as to #137 Notice of Appeal to the Ninth Circuit filed by Carolyn Escalante. (bnsS, COURT STAFF) (Filed on 4/22/2021)
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Filing 140
ORDER of USCA as to #137 Notice of Appeal to the Ninth Circuit filed by Carolyn Escalante (bnsS, COURT STAFF) (Filed on 3/16/2021)
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| Filing 139 USCA Case Number 21-15422 Ninth Circuit Court of Appeals for #137 Notice of Appeal to the Ninth Circuit filed by Carolyn Escalante. (cjlS, COURT STAFF) (Filed on 3/10/2021) |
| Filing 138 Mailed request for payment of docket fee to appellant (cc to USCA) (bnsS, COURT STAFF) (Filed on 3/9/2021) |
| Filing 137 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Carolyn Escalante. Appeal of Clerk's Judgment, #136 (Appeal FEE NOT PAID.) (Attachments: #1 Envelope)(bnsS, COURT STAFF) (Filed on 3/9/2021) |
| Remark: Notice of Appeal and Docket Sheet sent to Appellant. (bnsS, COURT STAFF) (Filed on 3/9/2021) |
| Filing 136 CLERK'S JUDGMENT in favor of San Francisco Community College District, and Board of Trustees, Service Employees International Union, City College Chapter Local1021, Athena Steff, Clara Starr, Dianna R. Gonzales, Elizabeth Coria, Joseph A. Guiriba, Karl A. Gamarra, Leilani F. Battiste, Leticia A. Santana Sazo, Mark W. Rocha, Marylou Leyba-Frank, Steven Bruckman, Sunny L. Clark, Trudy Walton against Carolyn Escalante. (ndrS, COURT STAFF) (Filed on 2/11/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 135
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING ( #119 , #120 ) MOTIONS TO DISMISS. (ndrS, COURT STAFF) (Filed on 2/11/2021)
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| ***Civil Case Terminated, See Docket Nos. #135 and #136 .*** (ndrS, COURT STAFF) (Filed on 2/11/2021) |
| Filing 134 Plaintiff, Carolyn Escalante's Reply to SEIU Local 1021, Athena Steff, and Karl Gamarra's Opposition to Plaintiff's re #132 Opposition/Response to Motion File Fourth Amended Complaint filed by Carolyn Escalante. (bnsS, COURT STAFF) (Filed on 1/26/2021) |
| Filing 132 OPPOSITION/RESPONSE (re #127 MOTION for Leave to File ) filed byKarl A. Gamarra, Service Employees International Union Local 1021, Athena Steff. (Attachments: #1 Proposed Order)(Perkins, Roberta) (Filed on 1/21/2021) |
| Filing 131 OPPOSITION/RESPONSE (re #127 MOTION for Leave to File, #126 MOTION to Withdraw #124 Opposition/Response to Motion, #118 Amended Complaint, MOTION to Amend/Correct ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 1/21/2021) |
| Filing 130 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending ( #119 and #120 ) motions to dismiss filings under submission. The hearings previously scheduled for January 21st at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 1/19/2021) |
| Filing 133 Plaintiff, Caroline Escalante's Notice of Motion and Motion to Withdraw, Amend or Correct Fourth and Fifth Causes of Action of Third Amended Complaint Against SEIU Local 1021 Defendants #127 MOTION for Leave to File, #126 MOTION to Withdraw #124 Opposition/Response to Motion filed by Carolyn Escalante. Responses due by 1/29/2021. Replies due by 2/5/2021. (bnsS, COURT STAFF) (Filed on 1/15/2021) |
| Filing 129 The San Francisco Community College District Defendants' Reply in Support of their Motion to Dismiss and Motion to Strike Plaintiff's Third Amended Complaint (re #120 MOTION to Dismiss ) filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 1/11/2021) Modified on 1/12/2021 (bnsS, COURT STAFF). |
| Filing 128 Defendants SEIU Local 1021, Athena Steff, and Karl Gamarras Reply In Support of Motion to Dismiss Plaintiffs Third Amended Complaint (re #119 MOTION to Dismiss )filed byKarl A. Gamarra, Service Employees International Union Local 1021, Athena Steff. (McDonagh, Katharine) (Filed on 1/11/2021) Modified on 1/12/2021 (bnsS, COURT STAFF). |
| Filing 127 MOTION for Leave to File Fourth Amended Complaint filed by Carolyn Escalante. (Attachments: #1 Amended Complaint)(bnsS, COURT STAFF) (Filed on 1/7/2021) |
| Filing 126 Plaintiff, Caroline Escalante's Verified Motion to Withdraw, Amend, or Correct Fourth and Fifth Causes of Action of Third Amended Complaint Against SEUI Local 1021 Defendants #124 Opposition/Response to Motion, #118 Amended Complaint filed by Carolyn Escalante. Responses due by 1/21/2021. Replies due by 1/28/2021. (Attachments: #1 Stipulation for Dimissal with Proposed Order)(bnsS, COURT STAFF) (Filed on 1/7/2021) |
| Filing 125 OPPOSITION/RESPONSE (re #120 MOTION to Dismiss The San Francisco Community College District Defendants' Motion to Dismiss and Motion to Strike Plaintiff's Third Amended Complaint ) filed by Carolyn Escalante. (Attachments: #1 Envelope)(bnsS, COURT STAFF) (Filed on 12/22/2020) |
| Filing 124 OPPOSITION/RESPONSE (re #119 MOTION to Dismiss Defendants SEIU Local 1021, Athena Steff, and Karl Gamarras Notice of Motion and Motion to Dismiss Plaintiffs Third Amended Complaint; Memorandum of Points And Authorities in Support of Motion to Dismiss ) filed by Carolyn Escalante. (Attachments: #1 Envelope)(bnsS, COURT STAFF) (Filed on 12/22/2020) |
| Filing 123 NOTICE of Change of Address by Roberta D. Perkins (Perkins, Roberta) (Filed on 11/30/2020) |
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Filing 122
ORDER by Judge Haywood S. Gilliam, Jr. Granting #121 Stipulation Re Docket Nos. #119 and #120 . (ndrS, COURT STAFF) (Filed on 11/13/2020)
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| Filing 121 STIPULATION WITH PROPOSED ORDER re #119 MOTION to Dismiss Defendants SEIU Local 1021, Athena Steff, and Karl Gamarras Notice of Motion and Motion to Dismiss Plaintiffs Third Amended Complaint; Memorandum of Points And Authorities in Support of Motion to Dismiss, #120 MOTION to Dismiss The San Francisco Community College District Defendants' Motion to Dismiss and Motion to Strike Plaintiff's Third Amended Complaint filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 11/12/2020) |
| #Electronic filing error. REMINDER to Counsel: For future motion filings, the proposed order should be filed as an attachment to the motion and not as a separate filing. [err102] Re: #119 MOTION to Dismiss Defendants SEIU Local 1021, Athena Steff, and Karl Gamarras Notice of Motion and Motion to Dismiss Plaintiffs Third Amended Complaint; Memorandum of Points And Authorities in Support of Motion to Dismiss filed by Kaden Kratzer, Karl A. Gamarra, Service Employees International Union Local 1021, Athena Steff, Roxanne Sanchez, #120 MOTION to Dismiss The San Francisco Community College District Defendants' Motion to Dismiss and Motion to Strike Plaintiff's Third Amended Complaint filed by Steven Bruckman, Dianna R. Gonzales, Sunny L. Clark, Maria M. Lampasona, Leilani F. Battiste, San Francisco Community College District, and Board of Trustees, Clara Starr, Joseph A. Guiriba, Leticia A. Santana Sazo, Elizabeth Coria, Marylou Leyba-Frank, Trudy Walton (bnsS, COURT STAFF) (Filed on 11/9/2020) |
| Filing 120 MOTION to Dismiss The San Francisco Community College District Defendants' Motion to Dismiss and Motion to Strike Plaintiff's Third Amended Complaint filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. Motion Hearing set for 1/21/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/20/2020. Replies due by 11/27/2020. (Lampasona, Maria) (Filed on 11/6/2020) |
| Filing 119 MOTION to Dismiss Defendants SEIU Local 1021, Athena Steff, and Karl Gamarras Notice of Motion and Motion to Dismiss Plaintiffs Third Amended Complaint; Memorandum of Points And Authorities in Support of Motion to Dismiss filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. Motion Hearing set for 1/21/2021 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 11/20/2020. Replies due by 11/27/2020. (McDonagh, Katharine) (Filed on 11/6/2020) |
| Filing 118 THIRD AMENDED COMPLAINT against Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Karl A. Gamarra, Dianna R. Gonzales, Joseph A. Guiriba, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Service Employees International Union, City College Chapter Local1021, Clara Starr, Athena Steff, Trudy Walton. Filed byCarolyn Escalante. (bnsS, COURT STAFF) (Filed on 10/22/2020) |
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Filing 117
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING ( #86 , #96 ) MOTIONS TO DISMISS. Amended Pleadings due by 10/23/2020. (ndrS, COURT STAFF) (Filed on 9/25/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 116 JOINT RESPONSE re #115 Letter, #114 Letter by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 5/29/2020) Modified on 6/1/2020 (jlmS, COURT STAFF). |
| Filing 115 Letter to Maria M. Lampasona re Motion to Dismiss filed on 01/06/20, from Carolyn Escalante, dated 05/12/20. (Attachments: #1 Envelope)(jlmS, COURT STAFF) (Filed on 5/14/2020) |
| Filing 114 Letter to Roberta Perkins re Motion to Dismiss filed on 12/18/19, from Carolyn Escalante, dated 05/12/20. (Attachments: #1 Envelope)(jlmS, COURT STAFF) (Filed on 5/14/2020) |
| Filing 113 CLERK'S NOTICE.(ndrS, COURT STAFF) (Filed on 3/17/2020) |
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Filing 112
ORDER by Judge Haywood S. Gilliam, Jr. DENYING #109 MOTION FOR LEAVE TO FILE SURREPLY. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 3/13/2020)
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| Filing 111 OPPOSITION/RESPONSE (re #109 MOTION for Leave to File ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 3/12/2020) |
| Filing 110 OPPOSITION/RESPONSE (re #109 MOTION for Leave to File a Surreply) filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (McDonagh, Katharine) (Filed on 3/11/2020) Modified on 3/12/2020 (jlmS, COURT STAFF). |
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Filing 108
ORDER (As Modified) by Judge Haywood S. Gilliam, Jr. Granting #107 Stipulation REGARDING THE HEARINGS ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF SECOND AMENDED COMPLAINT. (Docket No. #106 terminated, re-filed as docket no. #107 ). (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 3/11/2020)
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| Reset Hearings as to Docket Nos. #96 and #86 , See Docket No. #108 : Motion Hearing set for 4/1/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 3/11/2020) |
| Filing 109 MOTION for Leave to File a Surreply, filed by Carolyn Escalante. (Attachments: #1 Envelope)(jlmS, COURT STAFF) (Filed on 3/10/2020) |
| Filing 107 STIPULATION WITH PROPOSED ORDER REGARDING THE HEARINGS ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF SECOND AMENDED COMPLAINT filed by Carolyn Escalante, Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 3/10/2020) Modified on 3/11/2020 (jlmS, COURT STAFF). |
| Filing 106 ***DOCUMENT RE-FILED; PLEASE SEE DOCKET NO. #107 *** STIPULATION WITH PROPOSED ORDER REGARDING THE HEARINGS ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton, Carolyn Escalante, Service Employees International Union, City College Chapter Local 1021, Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Athena Steff. (Lampasona, Maria) (Filed on 3/9/2020) Modified on 3/10/2020 (jlmS, COURT STAFF). Modified on 3/10/2020 (jlmS, COURT STAFF). Modified on 3/11/2020 (jlmS, COURT STAFF). |
| Filing 105 CLERK'S NOTICE. Reset Hearings as to #86 and #96 MOTIONS to Dismiss. Motion Hearing set for 3/12/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 3/3/2020) |
| Filing 104 REPLY (re #96 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12 ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 2/20/2020) |
| Filing 102 REPLY (re #86 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byKarl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Attachments: #1 Declaration of Katharine R. McDonagh iso SEIU Defendants' Reply iso Motion to Dismiss Plaintiff's Second Amended Complaint)(McDonagh, Katharine) (Filed on 2/6/2020) |
| Filing 103 OPPOSITION/RESPONSE (re #96 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12 ) filed byCarolyn Escalante. (Attachments: #1 Envelope, #2 Envelope)(jjbS, COURT STAFF) (Filed on 2/5/2020) |
| Filing 101 OPPOSITION/RESPONSE (re #86 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byCarolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 1/24/2020) |
| Filing 100 TRANSCRIPT ORDER for proceedings held on 5/22/2019 before Judge Haywood S Gilliam, Jr by Carolyn Escalante, for Court Reporter Diane Skillman. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 1/9/2020) |
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Filing 99
ORDER CLARIFYING THE STIPULATION AND ORDER REGARDING PLEADING DEADLINES (Re Docket No. #87 ). Signed by Judge Haywood S. Gilliam, Jr. on 1/8/2020. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 1/8/2020)
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| #Electronic filing error. **REMINDER TO COUNSEL: In the future, please be sure to set the pre-approved opposition and reply deadlines when filing your motion. AL SO, In the future, please attach all supporting document and proposed orders to the Motion. Re: #97 Declaration in Support, #98 Proposed Order, #96 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12. Corrected by Clerk's Office. No further action is necessary. (jjbS, COURT STAFF) (Filed on 1/7/2020) |
| Filing 98 Proposed Order re #96 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12 by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 1/6/2020) |
| Filing 97 Declaration of Maria M. Lampasona in Support of #96 MOTION to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12 filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #96 ) (Lampasona, Maria) (Filed on 1/6/2020) |
| Filing 96 MOTION to Dismiss and Motion to Strike Plaintiff's #84 Second Amended Complaint Pursuant to Rule 12 filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/10/2020. Replies due by 2/20/2020. (Lampasona, Maria) (Filed on 1/6/2020) Modified on 1/7/2020 (jjbS, COURT STAFF). Modified on 1/7/2020 (jjbS, COURT STAFF). |
| Filing 95 Transcript of Proceedings held on October 8, 2019, before Judge Haywood S. Gilliam. Transcriber Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@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 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. (Re #94 Transcript Order ) Release of Transcript Restriction set for 3/30/2020. (Related documents(s) #94 ) (Skillman, Diane) (Filed on 12/30/2019) |
| Filing 94 TRANSCRIPT ORDER for proceedings held on 10-8-2019 before Judge Haywood S Gilliam, Jr by San Francisco Community College District, and Board of Trustees, for Court Reporter FTR - Oakland. (Patel, Sheena) (Filed on 12/30/2019) |
| Filing 93 Transcript of Proceedings held on May 22, 2019, before Judge Haywood S. Gilliam. Court Reporter Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@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 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 #91 Transcript Order ) Release of Transcript Restriction set for 3/30/2020. (Related documents(s) #91 ) (Skillman, Diane) (Filed on 12/30/2019) |
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Filing 92
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFF'S #88 EX PARTE APPLICATION TO EXTEND TIME Re #86 MOTION to Dismiss Plaintiff's Second Amended Complaint. Responses due by 1/23/2020 and Replies due by 2/6/2020. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/30/2019) Modified on 12/30/2019 (jjbS, COURT STAFF).
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| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: #94 T ranscript Order filed by San Francisco Community College District, and Board of Trustees (jjbS, COURT STAFF) (Filed on 12/30/2019) |
| Filing 91 TRANSCRIPT ORDER for proceedings held on 5/22/2019 before Judge Haywood S Gilliam, Jr by San Francisco Community College District, and Board of Trustees, for Court Reporter Diane Skillman. (Patel, Sheena) (Filed on 12/27/2019) |
| Filing 90 TRANSCRIPT ORDER for proceedings held on 5/22/2019 before Judge Haywood S Gilliam, Jr by San Francisco Community College District, and Board of Trustees, for Court Reporter Diane Skillman. (Patel, Sheena) (Filed on 12/27/2019) |
| Filing 89 TRANSCRIPT ORDER for proceedings held on 5/22/2019 before Judge Haywood S Gilliam, Jr by San Francisco Community College District, and Board of Trustees, for Court Reporter Diane Skillman. (Patel, Sheena) (Filed on 12/27/2019) |
| Filing 88 MOTION for Extension of Time to File Opposition as to #86 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Carolyn Escalante. (Attachments: #1 Proposed Order, #2 Envelope, #3 Envelope)(jjbS, COURT STAFF) (Filed on 12/26/2019) |
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Filing 87
ORDER by Judge Haywood S. Gilliam, Jr. Granting #85 Stipulation. Motions due by 1/6/2020; Responses due by 2/10/2020; Replies due by 2/20/2020 and Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/19/2019)
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| Filing 86 MOTION to Dismiss Plaintiff's #84 Second Amended Complaint filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. Motion Hearing set for 3/5/2020 02:00 PM before Judge Haywood S Gilliam Jr. Responses due by 1/2/2020. Replies due by 1/9/2020. (McDonagh, Katharine) (Filed on 12/18/2019) Modified on 12/19/2019 (jjbS, COURT STAFF). |
| Filing 85 STIPULATION WITH PROPOSED ORDER re #84 Amended Complaint,, filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton, and Caroline Escalante. (Lampasona, Maria) (Filed on 12/18/2019) Modified on 12/19/2019 (jjbS, COURT STAFF). |
| Filing 84 SECOND AMENDED COMPLAINT against Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Karl A. Gamarra, Dianna R. Gonzales, Joseph A. Guiriba, Kaden Kratzer, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Roxanne Sanchez, Leticia A. Santana Sazo, Service Employees International Union, City College Chapter Local1021, Clara Starr, Athena Steff, Trudy Walton. Filed byCarolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 12/6/2019) Modified on 12/6/2019 (jjbS, COURT STAFF). Modified on 12/6/2019 (jjbS, COURT STAFF). |
| Filing 83 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 10/8/2019. Assigned Transcriber: Diane Skillman. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Date Filed: 10/8/2019) Modified on 12/30/2019 (napS, COURT STAFF). |
| Correcting Hearing, See Docket No. #81 : Further Case Management Conference set for 10/8/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 9/30/2019) |
| Filing 82 NOTICE of Unavailability of Pro Se Plaintiff by Carolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 9/30/2019) |
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Filing 81
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING ( #32 , #39 ) Defendants' Motions to Dismiss. The Court SETS a further Case Management Conference for October 8, 2019 at 2:00 PM. (hsglc2S, COURT STAFF) (Filed on 9/30/2019) (Additional attachment(s) added on 10/1/2019: #1 Certificate/Proof of Service) (napS, COURT STAFF).
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| Filing 80 ASSOCIATION of Counsel by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 6/25/2019) |
| Filing 79 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held and Initial Case Management Conference NOT held on 5/22/2019. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Date Filed: 5/22/2019) |
| Filing 78 REPLY to Opposition (re #66 Request for Sanctions ) filed byCarolyn Escalante. (Attachments: #1 Martinez Declaration, #2 Envelope)(cpS, COURT STAFF) (Filed on 5/17/2019) |
| Filing 77 JOINT CASE MANAGEMENT STATEMENT filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff, San Francisco Community College District, et al. (Perkins, Roberta) (Filed on 5/15/2019) Modified on 5/16/2019 (cpS, COURT STAFF). |
| Filing 75 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKarl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #32 , #56 ) (Perkins, Roberta) (Filed on 5/14/2019) |
| Filing 76 REPLY to the San Francisco Community College District Defendant's Opposition to Supplemental Motion Re: Judicial Notice by Carolyn Escalante. (Attachments: #1 Envelope)(cpS, COURT STAFF) (Filed on 5/13/2019) |
| Filing 74 CERTIFICATE OF SERVICE Re Docket No. #71 .(ndrS, COURT STAFF) (Filed on 5/13/2019) |
| Filing 73 DECLARATION of Maria M. Lampasona in Opposition to #66 Request for Sanctions filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Attachments: #1 Exhibit A through Q)(Related document(s) #66 ) (Lampasona, Maria) (Filed on 5/10/2019) Modified on 5/13/2019 (cpS, COURT STAFF). |
| Filing 72 OPPOSITION/RESPONSE (re #66 For Sanctions ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 5/10/2019) Modified on 5/13/2019 (cpS, COURT STAFF). |
| Filing 71 CLERK'S NOTICE. Reset Motion Hearings and Case Management Conference to 5/22/2019 02:15 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/10/2019) |
| Filing 70 CLERK'S NOTICE. #66 MOTION for Default Judgment by the Clerk Hearing reset for 5/22/2019 02:30 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/9/2019) |
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Filing 69
ORDER by Judge Haywood S. Gilliam, Jr. STRIKING PLAINTIFF'S (57], #64 ) SUPPLEMENTAL MOTIONS AND SETTING BRIEFING SCHEDULE. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 5/6/2019)
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| Reset Deadlines/Hearing as to #66 MOTION for Default Judgment: Responses due by 5/10/2019; Replies due by 5/17/2019 and Motion Hearing set for 5/22/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/6/2019) |
| Filing 68 CASE MANAGEMENT STATEMENT filed by Carolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 5/3/2019) |
| Filing 67 OPPOSITION/RESPONSE (re #64 MOTION to Opposition to San Francisco Community College District's re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF). |
| Filing 66 MOTION for Default Judgment by the Clerk as to Maria M. Lampasona filed by Carolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 4/30/2019) |
| Filing 65 NOTICE of Change of Address by Maria M Lampasona (Lampasona, Maria) (Filed on 4/19/2019) |
| Filing 64 ***STRICKEN PER ORDER DKT. #69 *** MOTION to Opposition to San Francisco Community College District's re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 filed by Carolyn Escalante. Responses due by 5/2/2019. Replies due by 5/9/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 4/18/2019) Modified on 5/7/2019 (cpS, COURT STAFF). |
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Filing 63
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFFS #55 MOTIONS TO WITHDRAW HER MOTION FOR CHANGE OF VENUE AND TO DISMISS DEFENDANT GREGORY CROSS. (This order terminates docket no. #31 ). (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/17/2019)
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| Filing 62 REPLY (re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 4/16/2019) |
| Filing 61 CLERK'S NOTICE. Reset Deadlines/Hearings as to Docket Nos. #31 , #32 , #34 and #39 : Case Management Statement due by 5/15/2019 and Initial Case Management Conference/Motion Hearings set for 5/22/2019 02:30 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.(ndrS, COURT STAFF) (Filed on 4/10/2019) |
| Filing 60 OPPOSITION/RESPONSE (re #55 MOTION to Withdraw #31 MOTION to Change Venue MOTION to Dismiss ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 4/10/2019) Modified on 4/11/2019 (jjbS, COURT STAFF). |
| Filing 59 Statement of Non-Opposition re #55 MOTION to Withdraw #31 MOTION to Change Venue MOTION to Dismiss filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Related document(s) #55 ) (Perkins, Roberta) (Filed on 4/9/2019) Modified on 4/10/2019 (jjbS, COURT STAFF). |
| Filing 58 WAIVER OF SERVICE Returned Executed filed by Carolyn Escalante. Service waived by Maria M. Lampasona waiver sent on 4/1/2019, answer due 5/31/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 4/8/2019) |
| Filing 57 ***STRICKEN PER ORDER DKT. #69 ***Supplemental MOTION re #53 Reply to Opposition/Response filed by Carolyn Escalante. Responses due by 4/11/2019. Replies due by 4/18/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 3/28/2019) Modified on 5/7/2019 (cpS, COURT STAFF). |
| Filing 56 REPLY (re #32 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byKarl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Perkins, Roberta) (Filed on 3/28/2019) |
| Filing 55 MOTION to Withdraw #31 MOTION to Change Venue, Intra-District Transfer; MOTION to Dismiss Defendant Gregory Cross from First Amended Complaint filed by Carolyn Escalante. Responses due by 4/9/2019. Replies due by 4/16/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 3/26/2019) |
| Filing 54 Verified OPPOSITION (re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 ) filed byCarolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 3/22/2019) |
| Filing 53 Verified REPLY (re #34 MOTION for Default Judgment by the Court as to ) filed by Carolyn Escalante. (Attachments: #1 Declaration, #2 Envelope)(jjbS, COURT STAFF) (Filed on 3/22/2019) Modified on 3/22/2019 (jjbS, COURT STAFF). |
| Filing 52 Verified OPPOSITION/RESPONSE (re #32 MOTION to Dismiss Plaintiff's First Amended Complaint) filed byCarolyn Escalante. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 3/13/2019) |
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Filing 51
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFFS #49 EX PARTE APPLICATION TO EXTEND TIME. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 3/5/2019)
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| #Electronic filing error. Incorrect event used. [err101]. Correct Event is "Declaration." Event can be found under Civil Events > Motions and Related Filings > Othe r Supporting Documents.Corrected by Clerk's Office. No further action is necessary. Re: #50 Statement, filed by Steven Bruckman, Dianna R. Gonzales, Sunny L. Clark, Maria M. Lampasona, Leilani F. Battiste, San Francisco Community College District, and Board of Trustees, Clara Starr, Mark W. Rocha, Joseph A. Guiriba, Leticia A. Santana Sazo, Elizabeth Coria, Marylou Leyba-Frank, Trudy Walton (jjbS, COURT STAFF) (Filed on 3/4/2019) |
| Filing 50 Declaration of Maria M. Lampasona re #49 Ex Parte Application re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 3/1/2019) Modified on 3/4/2019 (jjbS, COURT STAFF). Modified on 3/4/2019 (jjbS, COURT STAFF). |
| Filing 46 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 4/25/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 2/28/2019) |
| Filing 49 Ex Parte Application for Order Extending Time Within Which to File An Opposition to Defendants, San Francisco Community College District Defendants' Motion to Dismiss and Motion to Strike; With Opposition to Plaintiff's Motion for Default; Declaration of Carolyn Escalante In Support thereof re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 filed by Carolyn Escalante. (Attachments: #1 Proposed Order)(jmlS, COURT STAFF) (Filed on 2/27/2019) (Additional attachment(s) added on 2/28/2019: #2 Envelope) (jmlS, COURT STAFF). |
| Filing 47 Letter from Caryolyn Escalante re Appearing telephonically at the March 5, 2019 hearing. (jjbS, COURT STAFF) (Filed on 2/27/2019) |
| #Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure the Judge's name is correctly reflected on your documents as Haywood S. Gilliam, Jr. No further action is necessary. Re: #45 Joint Case Management Statement,, filed by Kaden Kratzer, Steven Bruckman, Leilani F. Battiste, Clara Starr, Athena Steff, Trudy Walton, Dianna R. Gonzales, Sunny L. Clark, Maria M. Lampasona, San Francisco Community College District, and Board of Trustees, Mark W. Rocha, Joseph A. Guiriba, Karl A. Gamarra, Service Employees International Union Local 1021, Elizabeth Coria, Leticia A. Santana Sazo, Marylou Leyba-Frank, Roxanne Sanchez (jjbS, COURT STAFF) (Filed on 2/27/2019) Modified on 2/27/2019 (jjbS, COURT STAFF). |
| Filing 48 REPLY to Defendant's Opposition to Plaintiff's Verified Motion for Change of Venue; Intra-District Transfer; Return to San Francisco Judicial District; Declaration of Phillip Martinez in Support Thereof (re #31 MOTION to Change Venue ) filed by Carolyn Escalante. (jmlS, COURT STAFF) (Filed on 2/26/2019) (Additional attachment(s) added on 3/5/2019: #1 Envelope) (jjbS, COURT STAFF). |
| Filing 45 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff, San Francisco Community College District, and Board of Trustees, Mark W. Rocha, Dianna R. Gonzales, Steven Bruckman, Trudy Walton, Clara Starr, Elizabeth Coria, Sunny L. Clark, Joseph A. Guiriba, Leilani F. Battiste, Maria M. Lampasona, and Marylou Leyba-Frank. (Perkins, Roberta) (Filed on 2/26/2019) Modified on 2/27/2019 (jjbS, COURT STAFF). |
| #Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:18-cv-05562-HSG Re:[44 ] Certificate of Service, #43 Certificate of Service. No Further action is necessary. (jjbS, COURT STAFF) (Filed on 2/26/2019) |
| Filing 44 CERTIFICATE OF SERVICE by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton re #41 Opposition/Response to Motion, (Lampasona, Maria) (Filed on 2/25/2019) |
| Filing 43 CERTIFICATE OF SERVICE by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton re #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 (Lampasona, Maria) (Filed on 2/25/2019) |
| Filing 42 Declaration of Maria M. Lampasona in Support of #41 Opposition/Response to Motion, for Default Judgment filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Related document(s) #41 ) (Lampasona, Maria) (Filed on 2/22/2019) |
| Filing 41 OPPOSITION/RESPONSE (re #30 MOTION for Default Judgment by the Clerk as to, #34 MOTION for Default Judgment by the Court as to ) filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Lampasona, Maria) (Filed on 2/22/2019) |
| Filing 40 Declaration of Maria Lampasona in Support of #39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 filed byLeilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. (Related document(s) #39 ) (Lampasona, Maria) (Filed on 2/22/2019) |
| Filing 39 MOTION to Dismiss and Motion to Strike Pursuant to Rule 12 filed by Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Dianna R. Gonzales, Joseph A. Guiriba, Maria M. Lampasona, Marylou Leyba-Frank, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Leticia A. Santana Sazo, Clara Starr, Trudy Walton. Motion Hearing set for 5/16/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/8/2019. Replies due by 3/15/2019. (Lampasona, Maria) (Filed on 2/22/2019) |
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Filing 38
ORDER by Judge Haywood S. Gilliam, Jr. Granting #36 Stipulation Re #32 MOTION to Dismiss Plaintiff's First Amended Complaint. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 2/20/2019)
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| Filing 37 OPPOSITION/RESPONSE (re #31 MOTION to Change Venue ) filed byKarl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Perkins, Roberta) (Filed on 2/20/2019) |
| Reset Deadlines as to #32 MOTION to Dismiss Plaintiff's First Amended Complaint, See Docket No. #38 : Responses due by 3/14/2019 and Replies due by 3/28/2019. (ndrS, COURT STAFF) (Filed on 2/20/2019) |
| Filing 36 STIPULATION WITH PROPOSED ORDER re #32 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Carolyn Escalante, Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union, City College Chapter Local1021, Athena Steff. (Attachments: #1 Declaration of Phillip Martinez in Support, #2 Certificate/Proof of Service, #3 Proposed Order, #4 Envelope)(jjbS, COURT STAFF) (Filed on 2/14/2019) |
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Filing 35
ORDER SETTING HEARING DATE RE Docket Nos. #34 , #31 and #30 . Motion Hearing set for 4/25/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 2/14/2019. (Attachments: #1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 2/14/2019)
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| Filing 34 MOTION for Default Judgment by the Court as to filed by Carolyn Escalante. Responses due by 2/26/2019. Replies due by 3/5/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 2/12/2019) |
| Filing 32 MOTION to Dismiss #21 First Amended Complaint filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. Motion Hearing set for 4/25/2019 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 2/21/2019. Replies due by 2/28/2019. (Attachments: #1 Declaration of Maguerite Fa-Kaji iso Motion to Dismiss, #2 Declaration of Roberta D. Perkins iso Motion to Dismiss, #3 Proposed Order Granting Motion to Dismiss)(Perkins, Roberta) (Filed on 2/7/2019) Modified on 2/8/2019 (jjbS, COURT STAFF). |
| Filing 31 MOTION to Change Venue; Intradistrict Transfer; Return to San Francisco Judicial District filed by Carolyn Escalante. Responses due by 2/20/2019. Replies due by 2/27/2019. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 2/6/2019) |
| Filing 30 MOTION for Default Judgment by the Clerk as to San Francisco Community College District and Board of Trustee's, and the Individually Named Defendant's in Their Official and Individual Capacities filed by Carolyn Escalante. (Attachments: #1 Declaration, #2 Certificate/Proof of Service, #3 Envelope)(jjbS, COURT STAFF) (Filed on 2/6/2019) Modified on 9/24/2019 (ndrS, COURT STAFF). |
| Filing 33 Letter from Carolyn Escalante re #29 Clerk's Notice. (Attachments: #1 Motion, #2 Envelope)(jjbS, COURT STAFF) (Filed on 2/5/2019) |
| Filing 29 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Case Management Statement due by 2/26/2019 and Initial Case Management Conference set for 3/5/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 1/30/2019) |
| Filing 28 DUPLICATE, FILED IN ERROR ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Elizabeth D LaPorte no longer assigned to the case.. Signed by Executive Committee on 1/29/19. (as, COURT STAFF) (Filed on 1/29/2019) Modified on 1/30/2019 (jjbS, COURT STAFF). |
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Filing 27
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 1/29/19. (as, COURT STAFF) (Filed on 1/29/2019)
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| Filing 26 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. The Clerk of this Court will now reassign this case to a United States District Judge because one or more of the parties has not consented to the jurisdiction of a United States Magistrate Judge. 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. The deputy clerk hereby certifies that on 1/24/2019 a copy of this notice was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (shyS, COURT STAFF) (Filed on 1/24/2019) |
| Filing 25 Minute Entry for case management conference held on 1/22/2019 before Magistrate Judge Elizabeth D. Laporte. FTR Time: 3:32 - 3:36. The deputy clerk hereby certifies that on 1/24/19 a copy of these minutes was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (shyS, COURT STAFF) (Date Filed: 1/22/2019) Modified on 1/24/2019 (shyS, COURT STAFF). |
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Filing 24
ORDER granting Defendants' Request to Withdraw Notice of Motion and Motion to Dismiss and Vacate Hearing Date signed by Magistrate Judge Elizabeth D. Laporte. The deputy clerk hereby certifies that on 1/18/2019 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (shyS, COURT STAFF) (Filed on 1/18/2019) Modified on 1/18/2019 (shyS, COURT STAFF).
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| Filing 23 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Perkins, Roberta) (Filed on 1/15/2019) |
| Filing 22 Notice of Withdrawal of #11 Motion to Dismiss Plaintiff's Complaint; Proposed Order (Perkins, Roberta) (Filed on 1/15/2019) Modified on 1/16/2019 (aaaS, COURT STAFF). |
| Filing 21 FIRST AMENDED COMPLAINT FOR CIVIL RIGHTS VIOLATIONS; INJUNCTIVE AND DECLARATORY RELIEF, AND DAMAGES FOR: (1) Adverse Work Environment and Harassment in Violation of FEHA; (2) Retaliation in Violation of FEHA: (3) Disability Discrimination in Violation of FEHA; (4) Failure to Accommodate in Violation of FEHA; (5) Failure to Engage in the Interactive Process in Violation of FEHA-FMLA; (6) Failure to Prevent Discrimination in Violation of FEHA; (7) Arbitrary Interference in Violation of FMLA, 29 U.S.C. 2615; (8) Retaliation in Violation of FMLA; (9) Arbitrary Interference in Violation of CRFA; (10) Retaliation in Violation of CFRA; (11) Discrimination in Violation of the ADA, 42 U.S.C. 12101 et seq.; (12) Age Discrimination and Retaliation in Violation of Civil Rights Act; (13) Discrimination in Violation of the Unruh Civil Rights Act; (14) Breach of Statutory Duty in Violation of the Information Practices Act; (15) Breach of Contract and Breach Fiduciary Duty, Conversion, Unjust Enrichment; (16) Conspiracy to Violate Civil Rights in Violation of 18 U.S.C. 241 and 242; (17) Civil RICO and HOBBS Act Violations; (18) Medical Deliberate Indifference in Violation of 8th Amendment U.S. Const.; (19) Intentional Infliction of Emotional Distress; (20) Involuntary Extraction of Union Dues from Employee Wages Under Threat of Employment Termination in Violation of Decisional Law in Janus v. State County and Municipal Employees; JURY TRIAL DEMANDED; against Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Gregory Cross, Karl A. Gamarra, Dianna R. Gonzales, Joseph A. Guiriba, Kaden Kratzer, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Roxanne Sanchez, Leticia A. Santana Sazo, Service Employees International Union Local 1021, Service Employees International Union, City College Chapter Local1021, Clara Starr, Athena Steff, Trudy Walton. Filed byCarolyn Escalante. (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 1/8/2019) |
| Filing 20 REPLY TO COURTS #16 ORDER TO SERVE OR DISMISS DEFENDANTS; WITH VERIFICATION THEREON; by Carolyn Escalante. (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 12/24/2018) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ; by Carolyn Escalante (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 12/11/2018) |
| Filing 18 WAIVER OF SERVICE Returned Executed filed by Carolyn Escalante. Service waived by Leilani F. Battiste waiver sent on 12/4/2018, answer due 2/4/2019; Steven Bruckman waiver sent on 12/4/2018, answer due 2/4/2019; Sunny L. Clark waiver sent on 12/4/2018, answer due 2/4/2019; Elizabeth Coria waiver sent on 12/4/2018, answer due 2/4/2019; Dianna R. Gonzales waiver sent on 12/4/2018, answer due 2/4/2019; Joseph A. Guiriba waiver sent on 12/4/2018, answer due 2/4/2019; Marylou Leyba waiver sent on 12/4/2018, answer due 2/4/2019; Mark W. Rocha waiver sent on 12/4/2018, answer due 2/4/2019; San Francisco Community College District, and Board of Trustees waiver sent on 12/4/2018, answer due 2/4/2019; Leticia A. Santana Sazo waiver sent on 12/4/2018, answer due 2/4/2019; Clara Starr waiver sent on 12/4/2018, answer due 2/4/2019; Trudy Walton waiver sent on 12/4/2018, answer due 2/4/2019. (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 12/11/2018) |
| Filing 17 Letter dated 12/8/18; from Phillip Martinez re Waiver of Service of Summons/ADR Certification. (Attachments: #1 Envelope)(aaaS, COURT STAFF) (Filed on 12/11/2018) |
| Set/Reset Hearing re #15 Renotice motion hearing, Motion Hearing set for 2/5/2019 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. (mllS, COURT STAFF) (Filed on 12/11/2018) |
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Filing 16
ORDER TO SERVE OR DISMISS DEFENDANTS. Signed by Judge Elizabeth D. Laporte on December 11, 2018. (mllS, COURT STAFF) (Filed on 12/11/2018) (Additional attachment(s) added on 12/11/2018: #1 Certificate/Proof of Service) (mllS, COURT STAFF).
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| Filing 15 Renotice motion hearing re #11 MOTION to Dismiss [FED. R. CIV. P. 12(B)(1) AND (6)] filed byKarl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Related document(s) #11 ) (Perkins, Roberta) (Filed on 12/11/2018) |
| Filing 14 Proposed Order re #11 MOTION to Dismiss [FED. R. CIV. P. 12(B)(1) AND (6)] by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. (Perkins, Roberta) (Filed on 12/3/2018) |
| Filing 13 Certificate of Interested Entities by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff (Perkins, Roberta) (Filed on 12/3/2018) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff.. (Perkins, Roberta) (Filed on 12/3/2018) |
| Filing 11 MOTION to Dismiss [FED. R. CIV. P. 12(B)(1) AND (6)] filed by Karl A. Gamarra, Kaden Kratzer, Roxanne Sanchez, Service Employees International Union Local 1021, Athena Steff. Motion Hearing set for 1/8/2019 02:00 PM before Magistrate Judge Elizabeth D. Laporte. Responses due by 12/17/2018. Replies due by 12/24/2018. (Perkins, Roberta) (Filed on 12/3/2018) |
| Filing 9 CLERK'S NOTICE: The parties are hereby notified that the Case Management Conference is rescheduled to 1/22/2019 at 3:00 PM in San Francisco, Courtroom E, 15th Floor. A Case Management Statement is due by 1/15/2019. (shyS, COURT STAFF) (Filed on 11/28/2018) |
| Filing 10 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (ddkS, COURT STAFF) (Filed on 11/26/2018) |
| Filing 8 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendants Sanchez, Kratzer, Gamarra, Steff and SEIU Local 1021 (Perkins, Roberta) (Filed on 11/20/2018) |
| Filing 7 REQUEST for ADR Phone Conference on behalf of Defendants Sanchez, Kratzer, Gamorra, Steff and SEIU Local 1021 (Perkins, Roberta) (Filed on 11/20/2018) |
| Filing 6 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendants Sanchez, Kratzer, Gamorra, Steff and SEIU Local 1021 (Perkins, Roberta) (Filed on 11/20/2018) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Carolyn Escalante. Service waived by Karl A. Gamarra waiver sent on 10/4/2018, answer due 12/3/2018; Kaden Kratzer waiver sent on 10/4/2018, answer due 12/3/2018; Roxanne Sanchez waiver sent on 10/4/2018, answer due 12/3/2018; Service Employees International Union Local 1021 waiver sent on 10/4/2018, answer due 12/3/2018; Athena Steff waiver sent on 10/4/2018, answer due 12/3/2018. (aaaS, COURT STAFF) (Filed on 10/12/2018) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge; by Carolyn Escalante. (aaaS, COURT STAFF) (Filed on 9/17/2018) |
| Filing 3 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/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 9/25/2018. (aaaS, COURT STAFF) (Filed on 9/11/2018) |
|
Filing 2
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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 12/4/2018. Initial Case Management Conference set for 12/11/2018 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 9/11/18. (aaaS, COURT STAFF) (Filed on 9/11/2018) (Additional attachment(s) added on 9/12/2018: #1 Notice of Eligibility) (aaaS, COURT STAFF).
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| Filing 1 VERIFIED COMPLAINT FOR CIVIL RIGHTS VIOLATIONS; INJUNCTIVE AND DECLARATORY RELEIF, AND DAMAGES FOR: (1) Adverse Work Environment and Harassment in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Disability Discrimination in Violation of FEHA; (4) Failure to Accommodate in Violation of FEHA; (5) Failure to Engage in the Interactive Process in Violation of FEHA-FMLA; (6) Failure to Prevent Discrimination in Violation of FEHA; (7) Arbitrary Interference in Violation of FMLA, 29 U.S.C. 2615; (8) Retaliation in Violation of FMLA; (9) Arbitrary Interference in Violation of CFRA; (10) Retaliation in Violation of CFRA; (11) Discrimination in violation of the ADA, 42 U.S.C. 12101 et seq.; (12) Age Discrimination and Retaliation in Violation of Civil Rights Act; (13) Discrimination in Violation of the Unruh Civil Rights Act; (14) Breach of Statutory Duty in Violation of the Information Practices Act; (15) Breach of Contract and Breach of Fiduciary Duty, Conversion, Unjust Enrichment; (16) Conspiracy to Violate Civil Rights in Violation of 18 U.S.C. 241 and 242; (17) Civil RICO and HOBBS Act Violations; (18) Medical Deliberate Indifference in Violation of 8th Amendment U.S. Const.; (19) Intentional Infliction of Emotional Distress; (20) Involuntary Extraction of Union Dues from Employee Wages Under Threat of Employment Termination in Violation of Decisional Law in Janus v. State County and Municipal Employees; JURY TRIAL DEMANDED; against Leilani F. Battiste, Steven Bruckman, Sunny L. Clark, Elizabeth Coria, Gregory Cross, Karl A. Gamarra, Dianna R. Gonzales, Joseph A. Guiriba, Kaden Kratzer, Marylou Leyba, Mark W. Rocha, San Francisco Community College District, and Board of Trustees, Roxanne Sanchez, Leticia A. Santana Sazo, Service Employees International Union Local 1021, Service Employees International Union, City College Chapter Local1021, Clara Starr, Athena Steff, Trudy Walton (Filing fee $ 400.00; Receipt Number 34611136592). Filed byCarolyn Escalante. Consent/Declination due by 9/25/2018. (aaaS, COURT STAFF) (Filed on 9/11/2018) (Additional attachment(s) added on 9/12/2018: #1 Civil Cover Sheet) (aaaS, COURT STAFF). (Additional attachment(s) added on 9/12/2018: #2 Receipt) (aaaS, COURT STAFF). |
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