Markel v. We Work Management LLC
| Richard Markel |
| We Work Management LLC and We Work Companies, Inc. |
| 3:2019cv04061 |
| July 15, 2019 |
| US District Court for the Northern District of California |
| James Donato |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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Filing 29
ORDER. Plaintiff's request to voluntarily dismiss the case under FRCP 41(a)(2), Dkt. No. 24, is granted. The case is at a very early stage, no orders on any pending motions are imminent, and defendants will not suffer any plain legal prejudice from dismissal. Defendants' suggestion that they will be prejudiced by a possibility of future litigation or having to defend against plaintiff's claims in another forum are not the type of prejudice that weighs against voluntary dismissal. See Smith v. Lenches, 263 F.3d 972, 976 (9th Cir. 2001). That defendants have incurred legal expenses to this point is also not legal prejudice. See Westlands Water Dist. v. United States, 100 F.3d 94, 97 (9th Cir. 1996). That is all the more true here, where it appears a substantial amount of defendants' legal work could be used in any future litigation of these claims. All pending motions are terminated and the dismissal is without prejudice as provided for in FRCP 41(a)(2). The case is ordered closed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Donato, James) (Filed on 8/29/2019)
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| Filing 28 OPPOSITION/RESPONSE (re #24 MOTION to Shorten Time Plaintiff's Motion to Change Time re Hearings on Plaintiff's Motion for Leave to File First Amended Complaint and for Remand, or in the Alternative for an Order for Dismissal Without Prejudice ) Opposition to Plaintiff's Motion for Remand to State Court; Memorandum of Supporting Points and Authorities filed byWe Work Companies, Inc.. (Attachments: #1 Declaration Declaration of Davidson ISO Opposition to Motion for Remand to State Court, #2 Exhibit 1)(Davidson, Spencer) (Filed on 8/28/2019) |
| Filing 27 OPPOSITION/RESPONSE (re #16 MOTION to Compel Arbitration and Request for Monetary Sanctions; Memorandum of Points and Authorities ) filed byRichard Markel. (Attachments: #1 Declaration Declaration of Ryan J. Vlasak in Support of Plaintiff's Opposition to Defendant WeWork Management LLC's Motion to Compel Arbitration)(Vlasak, Ryan) (Filed on 8/28/2019) |
| Filing 26 Declaration of Spencer Davidson in Support of #25 Opposition/Response to Motion, Corrected Declaration of Spencer Davidson In Support of Opposition to Motion to Change Time for Hearings on the Second Amended Motion to File a First Amended Complaint, and the Motion to Remand, Or Alternatively, for Dismissal Without Prejudice filed byWe Work Companies, Inc.. (Related document(s) #25 ) (Davidson, Spencer) (Filed on 8/27/2019) |
| Filing 25 OPPOSITION/RESPONSE (re #24 MOTION to Shorten Time Plaintiff's Motion to Change Time re Hearings on Plaintiff's Motion for Leave to File First Amended Complaint and for Remand, or in the Alternative for an Order for Dismissal Without Prejudice ) and Declaration of Spencer Davidson In Support Thereof filed byWe Work Companies, Inc.. (Attachments: #1 Declaration)(Davidson, Spencer) (Filed on 8/26/2019) |
| Filing 24 MOTION to Shorten Time Plaintiff's Motion to Change Time re Hearings on Plaintiff's Motion for Leave to File First Amended Complaint and for Remand, or in the Alternative for an Order for Dismissal Without Prejudice filed by Richard Markel. (Attachments: #1 Declaration Declaration of Ryan J. Vlasak in Support of Motion to Change Time re Hearings on Plaintiff's Motion for Leave to File First Amended Complaint and for Remand, or in the Alternative for an Order for Dismissal Without Prejudice, #2 Proposed Order Proposed Order Granting Motion to Change Time re Hearings on Plaintiff's Motion for Leave to File First Amended Complaint and for Remand, or in the Alternative for an Order for Dismissal Without Prejudice)(Vlasak, Ryan) (Filed on 8/21/2019) |
| Filing 23 Letter Brief to Continue Hearing Dates and Briefing Schedules filed byWe Work Companies, Inc.. (Davidson, Spencer) (Filed on 8/20/2019) |
| Filing 22 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #15 MOTION to Remand . Motion Hearing continued to 10/10/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (Related documents(s) #15 )(lrcS, COURT STAFF) (Filed on 8/19/2019) |
| Filing 21 Second MOTION for Leave to File First Amended Complaint filed by Richard Markel. (Attachments: #1 Declaration SECOND AMENDED DECLARATION OF RYAN J. VLASAK IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, #2 Declaration DECLARATION OF PLAINTIFF RICHARD MARKEL IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, #3 Proposed Order SECOND AMENDED [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT)(Vlasak, Ryan) (Filed on 8/16/2019) |
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Filing 20
ORDER. Plaintiff's motion for leave to file an amended complaint, Dkt. No. #14 , is terminated because it is not based on federal rule or procedure. Signed by Judge James Donato on 8/16/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/16/2019)
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| Filing 19 Proposed Order re #16 MOTION to Compel Arbitration and Request for Monetary Sanctions; Memorandum of Points and Authorities by We Work Companies, Inc.. (Sween, Lisa) (Filed on 8/14/2019) |
| Filing 18 Declaration of Brian Kelly In Support of Defendant's Motion to Compel Arbitration and Request for Monetary Sanctions filed byWe Work Companies, Inc.. (Attachments: #1 Exhibit 1)(Sween, Lisa) (Filed on 8/14/2019) |
| Filing 17 Declaration of Lisa Barnett Sween in Support of #16 MOTION to Compel Arbitration and Request for Monetary Sanctions; Memorandum of Points and Authorities filed byWe Work Companies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #16 ) (Sween, Lisa) (Filed on 8/14/2019) |
| Filing 16 MOTION to Compel Arbitration and Request for Monetary Sanctions; Memorandum of Points and Authorities filed by We Work Companies, Inc.. Motion Hearing set for 9/19/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/28/2019. Replies due by 9/4/2019. (Sween, Lisa) (Filed on 8/14/2019) |
| Filing 15 MOTION to Remand filed by Richard Markel. Motion Hearing set for 9/26/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/28/2019. Replies due by 9/4/2019. (Attachments: #1 Declaration Declaration of Ryan J. Vlasak in Support of Plaintiff's Motion for Remand to State Court, #2 Declaration Declaration of Plaintiff Richard Markel in Support of Plaintiff's Motion for Remand to State Court, #3 Proposed Order Proposed Order Granting Plaintiff's Motion for Remand to State Court)(Vlasak, Ryan) (Filed on 8/14/2019) |
| Filing 14 Amended MOTION for Leave to File First Amended Complaint filed by Richard Markel. (Attachments: #1 Declaration Amended Declaration of Ryan J. Vlasak in Support of Plaintiff's Motion for Leave to File First Amended Complaint, #2 Proposed Order Amended Proposed Order Granting Plaintiff's Motion for Leave to File First Amended Complaint)(Vlasak, Ryan) (Filed on 8/13/2019) |
| Filing 13 Certificate of Interested Entities by Richard Markel (Vlasak, Ryan) (Filed on 8/13/2019) |
| Filing 12 MOTION for Leave to File First Amended Complaint filed by Richard Markel. (Attachments: #1 Declaration Declaration of Ryan J. Vlasak in Support of Plaintiff's Motion for Leave to File First Amended Complaint, #2 Declaration Declaration of Plaintiff Richard Markel in Support of Plaintiff's Motion for Leave to File First Amended Complaint, #3 Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File First Amended Complaint)(Vlasak, Ryan) (Filed on 8/13/2019) |
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Filing 11
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/17/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 10/10/2019. Signed by Judge James Donato on 8/6/19. (lrcS, COURT STAFF) (Filed on 8/6/2019)
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| Filing 10 NOTICE by We Work Companies, Inc. Notice of Non-Party Interested Entities (Davidson, Spencer) (Filed on 8/5/2019) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 08/01/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 8/1/2019)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 7/31/2019) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Richard Markel.. (Vlasak, Ryan) (Filed on 7/30/2019) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by We Work Companies, Inc... (Sween, Lisa) (Filed on 7/30/2019) |
| Filing 5 CERTIFICATE OF SERVICE by We Work Companies, Inc. (Davidson, Spencer) (Filed on 7/16/2019) |
| Filing 4 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 10 /9/2019. Initial Case Management Conference set for 10/16/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (ajsS, COURT STAFF) (Filed on 7/16/2019) |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/30/2019. (ajsS, COURT STAFF) (Filed on 7/16/2019) |
| Filing 2 CERTIFICATE OF SERVICE by We Work Management LLC re #1 Notice of Removal, of Action to Federal Court (Sween, Lisa) (Filed on 7/15/2019) |
| Filing 1 NOTICE OF REMOVAL of Action to Federal Court Under 28 U.S.C. Sections 1332, 1367 and 1441(b) from County of San Francisco Superior Court. Their case number is CGC-19-576580. (No Process)(Filing fee $400 receipt number 0971-13520858). Filed byWe Work Management LLC. (Attachments: #1 Declaration of Jason Saxe ISO Defendant's Notice of Removal, #2 Civil Cover Sheet)(Davidson, Spencer) (Filed on 7/15/2019) Modified on 7/16/2019 (ajsS, COURT STAFF). |
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