Huntsman v. Southwest Airlines Co.
| Jayson Huntsman |
| Southwest Airlines Co. |
| 4:2019cv00083 |
| January 7, 2019 |
| US District Court for the Northern District of California |
| Phyllis J Hamilton |
| Elizabeth D Laporte |
| Labor: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 63 NOTICE of Change of Address by Peter Romer-Friedman (Romer-Friedman, Peter) (Filed on 2/18/2020) |
| Filing 62 Transcript of Proceedings held on 11/27/19, before Judge Hamilton. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@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/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 #60 Transcript Order ) Redaction Request due 1/7/2020. Redacted Transcript Deadline set for 1/17/2020. Release of Transcript Restriction set for 3/16/2020. (Related documents(s) #60 ) (Batalo, Pam) (Filed on 12/17/2019) |
| Filing 61 TRANSCRIPT ORDER for proceedings held on November 27, 2019 before Judge Phyllis J. Hamilton by Jayson Huntsman, for Court Reporter Pam Batalo. (Romer-Friedman, Peter) (Filed on 12/12/2019) |
| Filing 60 TRANSCRIPT ORDER for proceedings held on 11/27/2019 before Judge Phyllis J. Hamilton for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 12/12/2019) |
Filing 59
Order by Judge Phyllis J. Hamilton denying #52 Motion for Judgment on the Pleadings.(pjhlc1S, COURT STAFF) (Filed on 11/27/2019)
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| Filing 58 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 11/27/2019 re #52 MOTION for Judgment on the Pleadings filed by Southwest Airlines Co. Court Reporter: Pamela Batalo Hebel. (kcS, COURT STAFF) (Date Filed: 11/27/2019) |
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Filing 57
STIPULATION TO CONTINUE HEARING DATE FOR DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS; ORDER AS MODIFIED BY THE COURT by Judge Phyllis J. Hamilton granting #56 Stipulation. (kcS, COURT STAFF) (Filed on 10/17/2019)
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| Set/Reset Deadlines as to #52 MOTION for Judgment on the Pleadings . Motion Hearing set for 11/27/2019 at 09:00 AM in Oakland, Courtroom 4, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 10/17/2019) |
| Filing 56 STIPULATION WITH PROPOSED ORDER re #52 MOTION for Judgment on the Pleadings , 55 Clerk's Notice Continuing Motion Hearing,, Set Motion and Deadlines/Hearings Stipulation to Continue Hearing Date of Motion for Judgment on the Pleadings filed by Southwest Airlines Co. and Jayson Huntsman. (Attachments: #1 Declaration of Brian D. Berry)(Berry, Brian) (Filed on 10/9/2019) Modified on 10/10/2019 (ajsS, COURT STAFF). |
| Filing 55 CLERK'S NOTICE Continuing Motion Hearing. YOU ARE HEREBY NOTIFIED that on November 13, 2019 at 9:00 A.M., in Courtroom No. 3 on the 3rd floor of the Federal Building, 1301 Clay Street, Oakland, California, the HONORABLE PHYLLIS J. HAMILTON will conduct the Motion for Judgment on the Pleadings Hearing previously noticed for October 9, 2019, in this matter. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #52 ) (kcS, COURT STAFF) (Filed on 9/27/2019) |
| Reset Deadlines as to #52 MOTION for Judgment on the Pleadings . Motion Hearing set for 11/13/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/27/2019) |
| Filing 54 REPLY (re #52 MOTION for Judgment on the Pleadings ) filed bySouthwest Airlines Co.. (Berry, Brian) (Filed on 9/18/2019) |
| Filing 53 OPPOSITION/RESPONSE (re #52 MOTION for Judgment on the Pleadings ) filed byJayson Huntsman. (Attachments: #1 Supplement Request for Judicial Notice, #2 Declaration Declaration of Peter Romer-Friedman, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Proposed Order, #12 Certificate/Proof of Service)(Romer-Friedman, Peter) (Filed on 9/11/2019) |
| Filing 52 MOTION for Judgment on the Pleadings filed by Southwest Airlines Co.. Motion Hearing set for 10/9/2019 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 9/11/2019. Replies due by 9/18/2019. (Attachments: #1 Request for Judicial Notice)(Berry, Brian) (Filed on 8/28/2019) |
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Filing 51
ORDER by Judge Phyllis J. Hamilton granting #50 Motion for Pro Hac Vice as to Pamela Disney. (kcS, COURT STAFF) (Filed on 8/22/2019)
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| Filing 50 MOTION for leave to appear in Pro Hac Vice of Pamela Disney ( Filing fee $ 310, receipt number 0971-13633771.) filed by Jayson Huntsman. (Disney, Pamela) (Filed on 8/21/2019) |
| CASE REFERRED to Private ADR. (kcS, COURT STAFF) (Filed on 8/15/2019) |
| Filing 49 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 8/15/2019. Amended Pleadings due by 12/15/2019. Designation of Experts due by 4/8/2020. Rebuttal Reports due by 4/29/2020. Dispositive Motion due by 8/28/2019. Dispositive Motion Hearing set for 10/9/2019 09:00 AM. Class Certification Motion due by 5/20/2020. Responses due by 7/1/2020. Replies due by 7/22/2020. Class Certification Motion Hearing set for 8/12/2020 09:00 AM. FTR Time: 2:03-2:35. (dtmS, COURT STAFF) (Date Filed: 8/15/2019) |
| Filing 48 Notice of Withdrawal of Motion (Barton, R.) (Filed on 8/9/2019) |
| Filing 47 JOINT CASE MANAGEMENT STATEMENT filed by Jayson Huntsman, Southwest Airlines Co.. (Romer-Friedman, Peter) (Filed on 8/8/2019) Modified on 8/9/2019 (cpS, COURT STAFF). |
| Filing 46 Certificate of Interested Entities by Jayson Huntsman (Romer-Friedman, Peter) (Filed on 8/8/2019) Modified on 8/9/2019 (cpS, COURT STAFF). |
| Filing 45 Certificate of Interested Entities by Southwest Airlines Co. (Berry, Brian) (Filed on 8/8/2019) |
| Filing 44 Rule 7.1 Disclosures by Southwest Airlines Co. (Berry, Brian) (Filed on 8/8/2019) |
| Filing 43 NOTICE of Change In Counsel by Brian Davis Berry (Berry, Brian) (Filed on 8/8/2019) |
| Filing 42 MOTION to Appear by Telephone filed by Jayson Huntsman. (Barton, R.) (Filed on 8/7/2019) |
| Filing 41 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Romer-Friedman, Peter) (Filed on 8/5/2019) |
| Filing 40 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Southwest Airlines, Co. (Berry, Brian) (Filed on 8/2/2019) |
| Filing 39 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 8/1/2019) |
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Filing 38
Order by Judge Phyllis J. Hamilton denying #29 Motion to Change Venue.(pjhlc1S, COURT STAFF) (Filed on 7/19/2019)
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| Filing 37 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 7/17/2019 re #29 MOTION to Change Venue filed by Southwest Airlines Co. Court Reporter: Raynee Mercado. (kcS, COURT STAFF) (Date Filed: 7/17/2019) |
| Filing 36 REPLY in Support of (re #29 MOTION to Change Venue ) filed bySouthwest Airlines Co.. (Berry, Brian) (Filed on 6/26/2019) Modified on 6/27/2019 (cpS, COURT STAFF). |
| Filing 35 OPPOSITION/RESPONSE (re #29 MOTION to Change Venue ) filed byJayson Huntsman. (Attachments: #1 Declaration of Peter Romer-Friedman, #2 Exhibit A, #3 Declaration of Jayson Huntsman, #4 Declaration of Daniel Stromberg, #5 Proposed Order)(Romer-Friedman, Peter) (Filed on 6/5/2019) Modified on 6/6/2019 (cpS, COURT STAFF). |
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Filing 34
STIPULATED PROTECTIVE ORDER by Judge Phyllis J. Hamilton granting #33 Stipulation. (kcS, COURT STAFF) (Filed on 5/24/2019)
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| Filing 33 STIPULATION WITH PROPOSED ORDER RE PROTECTIVE ORDER filed by Southwest Airlines Co., Jayson Huntsman. (Brown, Jason) (Filed on 5/22/2019) Modified on 5/23/2019 (cpS, COURT STAFF). |
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Filing 32
STIPULATION TO EXTEND MOTION TO TRANSFER VENUE BRIEFING SCHEDULE IN LIGHT OF PARTIES' AGREEMENT TO CONDUCT LIMITED DISCOVERY AND ORDER by Judge Phyllis J. Hamilton granting #31 Stipulation. Joint Case Management Statement due by 8/8/2019. Initial Case Management Conference set for 8/15/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor.(kcS, COURT STAFF) (Filed on 5/13/2019)
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| Set/Reset Deadlines as to #29 MOTION to Change Venue . Responses due by 6/5/2019. Replies due by 6/26/2019. Motion Hearing set for 7/17/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 5/13/2019) |
| Filing 31 STIPULATION WITH PROPOSED ORDER to Extend Briefing Schedule re #29 MOTION to Change Venue filed by Jayson Huntsman, Southwest Airlines Co. (Romer-Friedman, Peter) (Filed on 5/10/2019) Modified on 5/13/2019 (cpS, COURT STAFF). |
| #Electronic filing error. Judge initials are incorrect. Counsel need not re-file the document, but should reference the correct judge initials (PJH) after the case number on future filings Re: #30 Notice of Change of Address filed by Jayson Huntsman (cpS, COURT STAFF) (Filed on 5/10/2019) |
| Filing 30 NOTICE of Change of Address by Vincent Cheng (Cheng, Vincent) (Filed on 5/9/2019) |
| (see dkt. #25 )***Set/Reset Deadlines as to #29 MOTION to Change Venue . Responses due by 5/15/2019. Replies due by 5/29/2019. (cpS, COURT STAFF) (Filed on 4/25/2019) |
| Filing 29 MOTION to Change Venue filed by Southwest Airlines Co.. Motion Hearing set for 6/19/2019 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 4/24/2019. Replies due by 5/1/2019. (Attachments: #1 Declaration of Brian D. Berry, #2 Declaration of Gregg Thorsen, #3 Request for Judicial Notice, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibits Nos. 5 - 11, #9 Proposed Order)(Berry, Brian) (Filed on 4/10/2019) |
| Filing 28 ANSWER to Complaint (Class Action) bySouthwest Airlines Co.. (Berry, Brian) (Filed on 4/10/2019) Modified on 4/11/2019 (cpS, COURT STAFF). |
| Filing 27 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on June 13, 2019 at 2:00 P.M., in Courtroom No. 3 on the 3rd floor of the Federal Building, 1301 Clay Street, Oakland, California, the HONORABLE PHYLLIS J. HAMILTON will conduct the Initial Case Management Conference previously noticed for April 18, 2019, in this matter. Joint Case Management Statement due by 6/6/2019. If a motion to transfer venue is filed, a further continuance may be sought. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 4/1/2019) |
| ***Motions terminated: #26 STIPULATION WITH PROPOSED ORDER to Vacate Initial Case Management Conference and Set Status Conference Re: Southwest's Motion to Transfer Venue filed by Southwest Airlines Co., Jayson Huntsman. (kcS, COURT STAFF) (Filed on 4/1/2019) |
| Filing 26 STIPULATION WITH PROPOSED ORDER to Vacate Initial Case Management Conference and Set Status Conference Re: Southwest's Motion to Transfer Venue filed by Southwest Airlines Co., Jayson Huntsman. (Berry, Brian) (Filed on 3/29/2019) Modified on 3/31/2019 (cpS, COURT STAFF). |
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Filing 25
ORDER GRANTING STIPULATION re #23 Stipulation to Extend Time to File Responsive Pleading Pursuant to Local Rule 6-1filed by Southwest Airlines Co., Jayson Huntsman. Signed by Judge Phyllis J. Hamilton on 3/6/19. (kcS, COURT STAFF) (Filed on 3/6/2019)
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| Filing 24 Proposed Order re #23 Stipulation by Southwest Airlines Co.. (Berry, Brian) (Filed on 3/5/2019) |
| Filing 23 STIPULATION to Extend Time to File Responsive Pleading Pursuant to Local Rule 6-1 filed by Southwest Airlines Co. and Jayson Huntsman. (Berry, Brian) (Filed on 3/4/2019) Modified on 3/5/2019 (ajsS, COURT STAFF). |
| #Electronic filing error. Please submit a proposed order in accordance with L.R. 5-1(g) Re: #23 Stipulation filed by Southwest Airlines Co. (dtmS, COURT STAFF) (Filed on 3/ 4/2019) |
| Filing 22 CLERK'S NOTICE REGARDING MOTION TO RELATE CASES (lrcS, COURT STAFF) (Filed on 3/1/2019) |
| Filing 21 Plaintiff's Notice Regarding Administrative Motion Filed by Jayson Huntsman. (Attachments: #1 Exhibit A)(Romer-Friedman, Peter) (Filed on 2/21/2019) Modified on 2/21/2019 (cjlS, COURT STAFF). |
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Filing 20
ORDER SETTING CASE MANAGMENT CONFERENCE. Joint Case Management Statement due by 4/11/2019. Initial Case Management Conference set for 4/18/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 2/21/19. (kcS, COURT STAFF) (Filed on 2/21/2019)
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Filing 19
ORDER, Case reassigned to Judge Phyllis J. Hamilton. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 2/21/19. (haS, COURT STAFF) (Filed on 2/21/2019)
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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 reassign this case to a District Judge because a party has not consented to the jurisdiction of a 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. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 2/20/2019) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jayson Huntsman.. (Romer-Friedman, Peter) (Filed on 2/19/2019) |
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Filing 16
ORDER by Judge Elizabeth D. Laporte granting #15 Motion for Pro Hac Vice for Attorney Peter Romer-Friedman. (mllS, COURT STAFF) (Filed on 1/30/2019)
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| Filing 15 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice of Peter Romer-Friedman ( Filing fee $ 310, receipt number 0971-13047360.) filed by Jayson Huntsman. (Romer-Friedman, Peter) (Filed on 1/30/2019) Modified on 1/30/2019 (aaaS, COURT STAFF). |
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Filing 14
ORDER by Judge Elizabeth D. Laporte granting #13 Motion for Pro Hac Vice for Attorney Thomas Jarrard. (mllS, COURT STAFF) (Filed on 1/29/2019)
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| Filing 13 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12982906.) Filing fee previously paid on 1/8/19 filed by Jayson Huntsman. (Attachments: #1 Exhibit)(Jarrard, Thomas) (Filed on 1/29/2019) Modified on 1/30/2019 (aaaS, COURT STAFF). |
| #Electronic filing error. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #12 Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12982906.) Filing fee previously paid on 1/8/19 filed by Jayson Huntsman E-Filer Must Leave Judge's Signature Line Blank for Judge's Ruling. (aaaS, COURT STAFF) (Filed on 1/28/2019) |
| Filing 12 ERRONEOUSLY E-FILED: SEE ERROR MESSAGE DATED 01/28/19 Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12982906.) Filing fee previously paid on 1/8/19 filed by Jayson Huntsman. (Attachments: #1 Exhibit)(Jarrard, Thomas) (Filed on 1/28/2019) Modified on 1/29/2019 (aaaS, COURT STAFF). |
| Filing 11 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination. Plaintiff 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. Consent/Declination due by 2/19/2019. (shyS, COURT STAFF) (Filed on 1/28/2019) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Jayson Huntsman. Service waived by Southwest Airlines Co. waiver sent on 1/8/2019, answer due 3/11/2019. (Cheng, Vincent) (Filed on 1/28/2019) |
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Filing 9
ORDER Denying Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: denying #7 Application. (shyS, COURT STAFF) (Filed on 1/9/2019)
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Filing 8
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting #3 Application. (shyS, COURT STAFF) (Filed on 1/8/2019)
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| Filing 7 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12982906.) filed by Jayson Huntsman. (Jarrard, Thomas) (Filed on 1/8/2019) Modified on 1/9/2019 (aaaS, COURT STAFF). |
| Filing 6 Summons Issued as to Southwest Airlines Co. (aaaS, COURT STAFF) (Filed on 1/8/2019) |
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Filing 5
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 b y 4/2/2019. Initial Case Management Conference set for 4/9/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 1/7/19. (Attachments: #1 Notice of Eligibility)(aaaS, COURT STAFF) (Filed on 1/7/2019)
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| Filing 4 Proposed Summons. (Cheng, Vincent) (Filed on 1/7/2019) |
| Filing 3 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12978565.) filed by Jayson Huntsman. (Crotty, Matthew) (Filed on 1/7/2019) Modified on 1/8/2019 (aaaS, COURT STAFF). |
| Filing 2 Case assigned to Magistrate Judge Elizabeth D. Laporte. 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 1/22/2019. (bwS, COURT STAFF) (Filed on 1/7/2019) |
| Filing 1 CLASS ACTION COMPLAINT ; JURY TRIAL DEMANDED; EXEMPT FROM FILING FEES UNDER 38 U.S.C. 4323(h)(1); (Filing Fee Waived re "No fees or court costs are charged or taxed against any person claiming rights under USERRA. 38 U.S.C. 4323(h)(1)" ) against Southwest Airlines Co. Filed by Jayson Huntsman. (Attachments: #1 Civil Cover Sheet)(Cheng, Vincent) (Filed on 1/7/2019) Modified on 1/7/2019 (bwS, COURT STAFF). Modified on 1/8/2019 (aaaS, COURT STAFF). |
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