Simon-Van Hook v. HMS Host Family Restaurants, Inc. et al
| BERNADINE P. SIMON-VAN HOOK |
| HMS HOST FAMILY RESTAURANTS, INC. and Host International, Inc. |
| 4:2019cv07072 |
| October 28, 2019 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Haywood S Gilliam |
| Sallie Kim |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 STIPULATION for Dismissal of Action with Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1) filed by HMS Host Family Restaurants, Inc., Host International, Inc.. (Habashy, Christopher) (Filed on 5/10/2021) |
Filing 44
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to provide the Court with a status update explaining why they did not file a stipulation of dismissal by May 3, 2021, as contemplated by Dkt. No. #43 the parties' status report. Parties shall either file the stipulation of dismissal or a statement of two pages or less by May 12, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 5/5/2021)
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| Filing 43 STATUS REPORT by Bernadine P. Simon-Van Hook. (Sackman, Mara) (Filed on 3/10/2021) |
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Filing 42
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file by March 10, 2021, a joint status report of no more than two pages notifying the Court when they will file a stipulation of dismissal in light of the successful mediation held on February 12, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 3/5/2021)
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| Filing 41 Certification of ADR Session by Mediator Arthur Eidelhoch: I hereby certify that the parties in this matter held a Mediation session on 2/12/2021, and continued facilitated negotiations were conducted. The case settled. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 3/4/2021) |
| Set/Reset Hearing Mediation Hearing set for 2/12/2021 09:00 AM via Zoom videoconference. (af, COURT STAFF) (Filed on 12/31/2020) |
| Filing 40 ADR Clerk's Notice Appointing Arthur Eidelhoch as Mediator. (af, COURT STAFF) (Filed on 12/16/2020) |
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Filing 39
ORDER (as modified) GRANTING #38 Stipulation for the Court to Refer the Parties to a Court Appointed Settlement Conference in the Next 45-60 Days. Case is referred to mediation. Close of Expert Discovery due by 3/8/2021; Motion Hearing set for 4/29/2021 02:00 PM before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 8/10/2021 03:00 PM before Judge Haywood S. Gilliam Jr.; and Jury Selection /Jury Trial (5-day) set for 8/23/2021 08:30 AM before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 12/14/2020. (ndrS, COURT STAFF) (Filed on 12/14/2020)
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| #Electronic filing error. REMINDER TO COUNSEL: Judges name is incorrect on the signature line of the Proposed Order. Counsel need not re-file the document, but shou ld reference the Judges name as Haywood S. Gilliam, Jr. on future filings. |
| Filing 38 Stipulation for the Court to Refer the Parties to a Court Appointed Settlement Conference in the Next 45-60 Days with Proposed Order filed by HMS Host Family Restaurants, Inc., Host International, Inc., and Bernadine P. Simon-Van Hook. (Attachments: #1 Proposed Order)(Habashy, Christopher) (Filed on 12/11/2020) Modified on 12/14/2020 (bnsS, COURT STAFF). |
| Filing 37 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Discovery Hearing held and recorded by Zoom video conference on 10/29/2020. By the close of business October 30, Defendant will confirm the deposition dates discussed at the hearing including the date for Plaintiff's deposition. And by November 3, Defendant will provide addresses for Sheila Jones, Nicole Banks and Chelsea Polk. The disputes in #33 Discovery Letter Brief are resolved. (Recording Time 1:55-2:02)Attorneys for Plaintiff: Jocelyn Burton and Mara Sackman.Attorney for Defendants: Christopher Habashy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 10/29/2020) |
| Filing 36 CLERKS NOTICE SETTING ZOOM HEARING. Discovery Hearing set for 10/29/2020 at 1:30 p.m. before Magistrate Judge Jacqueline Scott Corley will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is required of counsel or parties who wish to be identifie d by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 10/28/2020.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 10/27/2020) |
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Filing 35
ORDER RE: JOINT DISCOVERY LETTER BRIEF. Signed by Magistrate Judge Jacqueline Scott Corley on 10/27/2020. (ahm, COURT STAFF) (Filed on 10/27/2020)
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| CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Discovery (ahmS, COURT STAFF) (Filed on 10/26/2020) |
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Filing 34
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes Re Docket No. #33 .Signed by Judge Haywood S. Gilliam, Jr. on 10/26/2020. (ndrS, COURT STAFF) (Filed on 10/26/2020)
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| Filing 33 Discovery Letter Brief filed byBernadine P. Simon-Van Hook, HMS Host Family Restaurants, Inc., Host International, Inc.. (Sackman, Mara) (Filed on 10/26/2020) Modified on 10/27/2020 (bnsS, COURT STAFF). Modified on 10/27/2020 (ahmS, COURT STAFF). |
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Filing 32
ORDER by Judge Haywood S. Gilliam, Jr. Granting #31 Stipulation to Continue Trial Date and all Trial Related Deadlines. Docket No. #27 Terminated, Re-filed as Docket. No. #31 . (ndrS, COURT STAFF) (Filed on 8/24/2020)
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| Filing 31 STIPULATION WITH PROPOSED ORDER to Continue Trial Date and all Trial Related Deadlines filed by HMS Host Family Restaurants, Inc., Host International, Inc., Bernadine P. Simon-Van Hook. (Attachments: #1 Proposed Order)(Habashy, Christopher) (Filed on 8/21/2020) Modified on 8/24/2020 (bnsS, COURT STAFF). |
| Filing 30 Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Further Telephonic Case Management Conference held on 8/18/2020. Total Time in Court: 8 Minutes. Not Reported. Plaintiff Attorney: No Appearance. Defendant Attorney: Chritopher Habashy. Matter is called at 2:02 p.m. and counsel for plaintiff is not on the line. The Court advises counsel for defendant that the Court is not inclined to grant a 5-month extension. Counsel for defendant is directed to meet and confer with counsel for plaintiff and e-file by August 21, 2020 a stipulation and proposed order proposing a significantly shorter extension narrowly tailored to the time necessary to conduct the required depositions with a high level of diligence. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 8/18/2020) |
| Filing 29 CLERK'S NOTICE SETTING FURTHER TELEPHONIC CASE MANAGEMENT CONFERENCE Re Docket No. #27 . Notice is hereby given that a Further Telephonic Case Management Conference has been set for August 18, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 8/11/2020) |
| Filing 28 ***ERRONEOUS ENTRY, PLEASE IGNORE*** PROPOSED ORDER GRANTING STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL RELATED DEADLINES re #27 STIPULATION WITH PROPOSED ORDER re #26 Case Management Scheduling Order by HMS Host Family Restaurants, Inc., Host International, Inc.. (Habashy, Christopher) (Filed on 8/10/2020) Modified on 8/11/2020 (jlmS, COURT STAFF). |
| Filing 27 STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL RELATED DEADLINES; PROPOSED ORDER Refiled at Docket #31 re #26 Case Management Scheduling Order, filed by HMS Host Family Restaurants, Inc., Host International, Inc., Bernadine P. Simon Van-Hook. (Attachments: #1 Proposed Order Granting Stipulation to Continue Trial Date and All Trial Related Deadlines)(Habashy, Christopher) (Filed on 8/10/2020) Modified on 8/11/2020 (jlmS, COURT STAFF). Modified on 8/24/2020 (bnsS, COURT STAFF). |
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Filing 26
SCHEDULING ORDER: Amended Pleadings due by 4/6/2020; Close of Fact Discovery due by 8/28/2020; Opening Reports due by 9/8/2020; Rebuttal Reports due by 9/29/2020; Close of Expert Discovery due by 11/3/2020; Motion Hearing set for 12/3/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 3/2/2021 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. and Jury Selection/ Jury Trial (5-day) set for 3/22/2021 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (This order terminates docket no. #25 ). Signed by Judge Haywood S. Gilliam, Jr. on 2/13/2020. (ndrS, COURT STAFF) (Filed on 2/13/2020)
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| Filing 25 STIPULATION WITH PROPOSED ORDER Regarding Case Schedule filed by HMS Host Family Restaurants, Inc., Host International, Inc., and Bernadine P. Simon-Van Hook. (Attachments: #1 Proposed Order Granting Stipulation Regarding Case Schedule)(Habashy, Christopher) (Filed on 2/11/2020) Modified on 2/12/2020 (jjbS, COURT STAFF). |
| Filing 24 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference held on 2/4/2020. FTR Time: 2:12-2:23. Plaintiff Attorney: Jocelyn Burton. Defendant Attorney: Margaret Rosenthal appearing via courtcall. Parties are directed to meet and confer and e-file within a week a stipulation and proposed order setting a case schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/4/2020) |
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Filing 23
ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Motion to Appear by Telephone. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (ndrS, COURT STAFF) (Filed on 1/29/2020)
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| #Electronic filing error. REMINDER TO COUNSEL: Document missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywood S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. This is a text only docket entry. There is no document associated with this entry. Re: #22 Motion to Appear by Telephone (jjbS, COURT STAFF) (Filed on 1/29/2020) |
| Filing 22 MOTION to Appear by Telephone at the Case Management Conference Schedule for Febrary 4, 2020 filed by HMS Host Family Restaurants, Inc., Host International, Inc. (Attachments: #1 Proposed Order)(Habashy, Christopher) (Filed on 1/28/2020) Modified on 1/29/2020 (jjbS, COURT STAFF). |
| Filing 21 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by HMS Host Family Restaurants, Inc., Host International, Inc., and Bernadine P. Simon-Van Hook. (Habashy, Christopher) (Filed on 1/28/2020) Modified on 1/29/2020 (jjbS, COURT STAFF). |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Habashy, Christopher) (Filed on 1/14/2020) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Burton, Jocelyn) (Filed on 1/10/2020) |
| Filing 18 NOTICE of Appearance by Margaret Rosenthal (Rosenthal, Margaret) (Filed on 12/23/2019) |
| Filing 17 Certificate of Interested Entities by HMS Host Family Restaurants, Inc., Host International, Inc. identifying Other Affiliate BERNADINE P. SIMON-VAN HOOK, Other Affiliate HMS HOST FAMILY RESTAURANTS, INC. for HMS Host Family Restaurants, Inc., Host International, Inc.. re #15 Answer to Complaint, #16 Answer to Complaint for Damages (Habashy, Christopher) (Filed on 12/23/2019) |
| Filing 16 Defendant Host International, Inc.'s ANSWER to #1 Complaint for Damages by Host International, Inc. (Habashy, Christopher) (Filed on 12/23/2019) Modified on 12/26/2019 (jjbS, COURT STAFF). |
| Filing 15 Defendant HMS Host Family Restaurants, Inc's ANSWER to #1 Complaint for Damages by HMS Host Family Restaurants, Inc. (Habashy, Christopher) (Filed on 12/23/2019) Modified on 12/26/2019 (jjbS, COURT STAFF). |
| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: #14 Stipulation filed by Bernadine P. Simon-Van Hook, Host International, Inc., HMS Host Family Restaurants, Inc. (jjbS, COURT STAFF) (Filed on 12/2/2019) |
| Filing 14 STIPULATION filed by HMS Host Family Restaurants, Inc., Host International, Inc. and Bernadine P. Simon-Van Hook. (Habashy, Christopher) (Filed on 11/27/2019) Modified on 12/2/2019 (jjbS, COURT STAFF). |
| Filing 13 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for February 4, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 28th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-07072-HSG. NOTE: Please disregard docket no. 12 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 11/1/2019) |
| Filing 12 **DISREGARD, SEE DOCKET NO. 13 .** CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for February 3, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 27, 2020. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-07072-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 11/1/2019) Modified on 11/1/2019 (ndrS, COURT STAFF). |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 10/30/2019. (mbcS, COURT STAFF) (Filed on 10/30/2019)
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| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/29/2019) |
| Filing 9 Summons Issued as to Defendants HMS Host Family Restaurants, Inc. and Host International, Inc.. (tnS, COURT STAFF) (Filed on 10/29/2019) |
| Filing 8 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. Joint Case Management Statement due by 1/20/2020. Initial Case Management Conference set for 1/27/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 10/29/2019) |
| Filing 7 Certification of Interested Entities or Persons filed by BERNADINE P. SIMON-VAN HOOK (Nakama, Scott) (Filed on 10/29/2019) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge filed by BERNADINE P. SIMON-VAN HOOK. (Nakama, Scott) (Filed on 10/29/2019) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/12/2019. (ajsS, COURT STAFF) (Filed on 10/28/2019) |
| Filing 4 FEE PAID - (Filing Fee: $400.00, receipt number 0971-13832059). (Nakama, Scott) (Filed on 10/28/2019) |
| Filing 3 Proposed Summons (corrections to docket #2). (Nakama, Scott) (Filed on 10/28/2019) |
| Filing 2 Proposed Summons. (Nakama, Scott) (Filed on 10/28/2019) |
| Filing 1 COMPLAINT FOR DAMAGES; JURY TRIAL DEMANDED against All Defendants. Filed by BERNADINE P. SIMON-VAN HOOK. (Attachments: #(1) Civil Cover Sheet)(Nakama, Scott) (Filed on 10/28/2019) Modified on 10/29/2019 (tnS, COURT STAFF). |
| NOTICE OF NON-PAYMENT: Please be advised that the filing fee has not been received in this case. The fee must be paid within two business days or the case will be subject to termination. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ajsS, COURT STAFF) (Filed on 10/28/2019) |
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