McElhannon et al v. Carmax Auto Superstores West Coast, Inc. et al
| Christopher Syharath, Emil Milisci, Ruben Santiago, Aleena Iqbal and Derek McElhannon |
| DOES 1-50, Carmax Auto Superstores California, LLC and Carmax Auto Superstores West Coast, Inc. |
| 3:2019cv00586 |
| February 1, 2019 |
| US District Court for the Northern District of California |
| William H Orrick |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 42 RECEIPT OF ACKNOWLEDGEMENT FROM ALAMEDA SUPERIOR COURT. Re #40 Order (aaaS, COURT STAFF) (Filed on 6/17/2019) |
| Filing 41 CLERK'S NOTICE : Sent by U.S. MAIL a certified copy of #40 Order to Remand, a certified copy of the Civil Docket to Alameda Superior Court. Re #40 Order (aaaS, COURT STAFF) (Filed on 6/5/2019) (Additional attachment(s) added on 6/5/2019: #1 Court's Return Envelope) (aaaS, COURT STAFF). |
Filing 40
ORDER REMANDING CASE. The case is REMANDED to the Superior Court of California, County of Alameda. Signed by Judge William H. Orrick on 6/4/2019. (jmdS, COURT STAFF) (Filed on 6/4/2019)
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Filing 39
ORDER TO CONTINUE MAY 15, 2019 HEARINGS - Hearing as to #25 MOTION to Strike, #15 MOTION to Compel Arbitration, and #24 MOTION to Remand. Motion Hearing continued to 6/12/2019 02:00 PM before Judge William H. Orrick. Signed by Judge William H. Orrick on 05/07/2019. (jmdS, COURT STAFF) (Filed on 5/7/2019)
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| Filing 38 STIPULATION WITH PROPOSED ORDER re #25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages, #24 MOTION to Remand Plaintiffs Motion, #15 MOTION to Compel Arbitration, Dismiss Class Claims, and Stay PAGA Claim Pursuant to the Federal Arbitration Act (9 U.S.C. 3), or, in the Alternative, to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Auth STIPULATION AND [PROPOPSED] ORDER TO CONTINUE MAY 15, 2019 HEARINGS filed by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Attachments: #1 Certificate of Order)(Katz, Jennifer) (Filed on 5/6/2019) |
| Filing 37 REPLY (re #25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages ) filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Katz, Jennifer) (Filed on 4/24/2019) |
| Filing 36 NOTICE by Aleena Iqbal re #34 Reply to Opposition/Response, Notice to Court Regarding Request to Lock Declaration of Jacob N. Whitehead Document No. 34-1 (Attachments: #1 Certificate/Proof of Service Certificate of Service re Notice to Court Regarding Request to Lock Declaration of Jacob N. Whitehead Document No. 34-1)(Whitehead, Jacob) (Filed on 4/23/2019) |
| Filing 35 Declaration of Jacob N. Whitehead in Support of #30 Opposition/Response to Motion In Support of Plaintiffs' Aleena Iqbal and Emil Milisci's Reply to Defendant's Opposition to Motion to Remand filed byAleena Iqbal. (Related document(s) #30 ) (Whitehead, Jacob) (Filed on 4/22/2019) |
| Filing 34 REPLY (re #24 MOTION to Remand Plaintiffs Motion ) Plaintiffs Aleena Iqbal, Emil Milisci filed byAleena Iqbal. (Attachments: #1 Document Locked Declaration Declaration of Jacob Whitehead ISO Plaintiffs Reply to Opposition to Motion to Remand, #2 Certificate/Proof of Service Certificate of Service Plaintiffs Reply to Defendants' Opposition to Motion to Remand)(Whitehead, Jacob) (Filed on 4/22/2019) Modified on 4/23/2019 (aaaS, COURT STAFF). |
| Filing 33 CERTIFICATE OF SERVICE by Aleena Iqbal, Derek McElhannon, Emil Milisci, Ruben Santiago, Christopher Syharath Amended Certificate of Service (Whitehead, Jacob) (Filed on 4/16/2019) |
| Filing 32 CERTIFICATE OF SERVICE by Aleena Iqbal, Derek McElhannon, Emil Milisci, Ruben Santiago, Christopher Syharath re #31 Opposition/Response to Motion, (Whitehead, Jacob) (Filed on 4/16/2019) |
| Filing 31 OPPOSITION/RESPONSE (re #25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages ) filed byAleena Iqbal, Derek McElhannon, Emil Milisci, Ruben Santiago, Christopher Syharath. (Attachments: #1 Declaration Declaration of Jacob Whitehead ISO Plaintiffs' Opposition to Motion to Strike Second Amended Complaint)(Whitehead, Jacob) (Filed on 4/16/2019) |
| Filing 30 OPPOSITION/RESPONSE (re #24 MOTION to Remand Plaintiffs Motion ) filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Katz, Jennifer) (Filed on 4/16/2019) |
| Filing 29 CLERK'S NOTICE - Resetting hearing as to #25 MOTION to Strike and #15 MOTION to Compel. Motion Hearing set for 5/15/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 4/15/2019) |
| Filing 28 NOTICE of Change In Counsel by Jacob N. Whitehead Notice of Association of Plaintiffs' Counsel (Attachments: #1 Certificate/Proof of Service Certificate of Service of Notice of Association of Plaintiffs' Counsel)(Whitehead, Jacob) (Filed on 4/10/2019) |
| Filing 27 CERTIFICATE OF SERVICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. re #25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages, #26 Request for Judicial Notice, (Katz, Jennifer) (Filed on 4/3/2019) |
| Filing 26 Request for Judicial Notice re #25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Attachments: #1 Exhibit A-B)(Related document(s) #25 ) (Katz, Jennifer) (Filed on 4/3/2019) |
| Filing 25 MOTION to Strike Plaintiffs' Second Amended Complaint for Damages filed by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. Motion Hearing set for 5/8/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 4/17/2019. Replies due by 4/24/2019. (Attachments: #1 Proposed Order)(Katz, Jennifer) (Filed on 4/3/2019) |
| Filing 24 MOTION to Remand Plaintiffs Motion filed by Aleena Iqbal. Motion Hearing set for 5/15/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 4/16/2019. Replies due by 4/23/2019. (Attachments: #1 Declaration Declaration of Jacob N. Whitehead, #2 Certificate/Proof of Service Certificate of Service Mot to Remand, #3 Standing Order Proposed Order)(Whitehead, Jacob) (Filed on 4/2/2019) |
| Filing 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aleena Iqbal, Emil Milisci.. (Attachments: #1 Certificate/Proof of Service)(Whitehead, Jacob) (Filed on 3/28/2019) |
| Filing 22 AMENDED COMPLAINT Second Amended Complaint against Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. Filed byAleena Iqbal, Emil Milisci. (Attachments: #1 Certificate/Proof of Service)(Whitehead, Jacob) (Filed on 3/20/2019) |
| Filing 21 Renotice motion hearing re #15 MOTION to Compel Arbitration, Dismiss Class Claims, and Stay PAGA Claim Pursuant to the Federal Arbitration Act (9 U.S.C. 3), or, in the Alternative, to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Auth filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #15 ) (Katz, Jennifer) (Filed on 3/18/2019) |
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Filing 20
ORDER REASSIGNING CASE. Case reassigned to Judge William H. Orrick for all further proceedings. Magistrate Judge Elizabeth D. Laporte 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 Clerk on 3/15/19. (Attachments: #1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/15/2019)
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| Filing 19 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 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. (mllS, COURT STAFF) (Filed on 3/14/2019) |
| Filing 18 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination. Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 3/13/2019. 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. (shyS, COURT STAFF) (Filed on 3/7/2019) |
| Filing 17 CERTIFICATE OF SERVICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. re #16 Request for Judicial Notice, #15 MOTION to Compel Arbitration, Dismiss Class Claims, and Stay PAGA Claim Pursuant to the Federal Arbitration Act (9 U.S.C. 3), or, in the Alternative, to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Auth (Katz, Jennifer) (Filed on 3/6/2019) |
| Filing 16 Request for Judicial Notice re #15 MOTION to Compel Arbitration, Dismiss Class Claims, and Stay PAGA Claim Pursuant to the Federal Arbitration Act (9 U.S.C. 3), or, in the Alternative, to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Auth filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Related document(s) #15 ) (Katz, Jennifer) (Filed on 3/6/2019) |
| Filing 15 MOTION to Compel Arbitration, Dismiss Class Claims, and Stay PAGA Claim Pursuant to the Federal Arbitration Act (9 U.S.C. 3), or, in the Alternative, to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. Motion Hearing set for 4/16/2019 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Responses due by 3/20/2019. Replies due by 3/27/2019. (Attachments: #1 Declaration of Jennifer Katz, #2 Declaration of Karen Holt, #3 Proposed Order)(Katz, Jennifer) (Filed on 3/6/2019) |
| Filing 14 NOTICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. of Additional Filings Recently Served on Defendants in State Court (Attachments: #1 Certificate/Proof of Service)(Katz, Jennifer) (Filed on 3/6/2019) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc... (Attachments: #1 Certificate/Proof of Service)(Katz, Jennifer) (Filed on 2/20/2019) |
| Filing 12 CERTIFICATE OF SERVICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. re #1 Notice of Removal,, (Attachments: #1 Exhibit A - Defendants' Notice to Adverse Party and Clerk of the California Superior Court of Removal of Civil Action to United States District Court)(Katz, Jennifer) (Filed on 2/5/2019) |
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Filing 11
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 4/30/2019. Initial Case Management Conference set for 5/7/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 2/4/19. (Attachments: #1 Notice of Eligibility)(aaaS, COURT STAFF) (Filed on 2/4/2019)
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| Filing 10 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 2/19/2019. (as, COURT STAFF) (Filed on 2/4/2019) |
| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by Carmax Auto Superstores West Coast, Inc., Carmax Auto Superstores California, LLC Defendant Parties Entered Incorrectly. Do Not Enter Does Parties on to Court Docket (aaaS, COURT STAFF) (Filed on 2/1/2019) |
| Answer to #1 Removal Complaint (Page 2); byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. (aaaS, COURT STAFF) (Filed on 2/1/2019) |
| Filing 9 CERTIFICATE OF SERVICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. re #7 Certificate of Interested Entities, #4 Declaration in Support, #3 Declaration in Support, #5 Declaration in Support, #1 Notice of Removal, #8 Notice (Other), #2 Declaration in Support, #6 Certificate of Interested Entities, (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 8 NOTICE by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. re #1 Notice of Removal, Defendants' Notice of Pendency of Other Action or Proceeding (Local Rule 3-13) (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 7 Certificate of Interested Entities by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. identifying Corporate Parent Carmax, Inc. for Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. re #1 Notice of Removal, (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 6 Corporate Disclosure Statement by Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc. identifying Corporate Parent Carmax, Inc. for Carmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. re #1 Notice of Removal, (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 5 Declaration of Lee Ann Wilson in Support of #1 Notice of Removal, filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Related document(s) #1 ) (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 4 Declaration of Patrick Leahey in Support of #1 Notice of Removal, filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Related document(s) #1 ) (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 3 Declaration of R. Wilson Hulcher, Jr. in Support of #1 Notice of Removal, filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Related document(s) #1 ) (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 2 Declaration of Jennifer L. Katz in Support of #1 Notice of Removal, filed byCarmax Auto Superstores California, LLC, Carmax Auto Superstores West Coast, Inc.. (Attachments: #1 Exhibit C - Amended Joint Stipulation)(Related document(s) #1 ) (Katz, Jennifer) (Filed on 2/1/2019) |
| Filing 1 NOTICE OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT PURSUANT TO 28 U.S.C. 1332, 1367, 1441 AND 1446; (NO PROCESS); from Superior Court, County of Alameda. Their case number is HG18929561. (Filing fee $400 receipt number 0971-13058427). Filed byCarmax Auto Superstores West Coast, Inc., Carmax Auto Superstores California, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer, #3 Civil Cover Sheet)(Katz, Jennifer) (Filed on 2/1/2019) Modified on 2/4/2019 (aaaS, COURT STAFF). |
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