Conn v. 24 Hour Fitness USA, Inc.
| Richard Conn |
| 24 Hour Fitness USA, Inc. |
| 4:2019cv08010 |
| December 6, 2019 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Reset Deadlines/Hearing as to #16 MOTION to Dismiss, See Docket No. 19 : Responses due by 2/24/2020; Replies due by 3/16/2020 and Motion Hearing set for 4/2/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 1/24/2020) |
Filing 19
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING #18 the stipulation to extend the briefing schedule. The Court RESETS the schedule as follows: Plaintiff's opposition to Defendant's motion to dismiss is due by February 24, 2020; Defendant's reply is due by March 16, 2020; and the hearing on Defendant's motion to dismiss is set for April 2, 2020 at 2:00 p.m. Further, the Court DIRECTS the parties TO SHOW CAUSE why the Court does or does not have subject matter jurisdiction in light of CAFA's local controversy exception, 28 U.S.C. 1332(d)(4). The parties should address the jurisdictional question in their opposition and reply briefs and the Court will hear the jurisdictional arguments at the April 2, 2020 hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 1/24/2020)
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| Filing 18 STIPULATION WITH PROPOSED ORDER to Extend Briefing Schedule on #16 Motion to Dismiss filed by Richard Conn and 24 Hour Fitness USA, Inc. (Attachments: #1 Declaration Declaration of Jacob Karczewski)(Karczewski, Jacob) (Filed on 1/23/2020) Modified on 1/24/2020 (jjbS, COURT STAFF). |
| Filing 17 Request for Judicial Notice re #16 MOTION to Dismiss [Request for Incorporation by Reference in Support of Motion] filed by24 Hour Fitness USA, Inc.. (Related document(s) #16 ) (Deeley, Elizabeth) (Filed on 1/10/2020) |
| Filing 16 MOTION to Dismiss filed by 24 Hour Fitness USA, Inc.. Motion Hearing set for 2/20/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 1/24/2020. Replies due by 1/31/2020. (Attachments: #1 Declaration of Elizabeth L. Deeley, #2 Exhibit 1, #3 Proposed Order)(Deeley, Elizabeth) (Filed on 1/10/2020) |
| Filing 15 NOTICE of Appearance by Cindy Guan for 24 Hour Fitness USA, Inc. (Guan, Cindy) (Filed on 1/10/2020) |
| Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 10, 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 March 17, 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-08010-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/18/2019) |
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Filing 13
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 12/18/19. (as, COURT STAFF) (Filed on 12/18/2019)
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| Filing 12 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 12/17/2019) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 24 Hour Fitness USA, Inc... (Deeley, Elizabeth) (Filed on 12/17/2019) |
| Filing 10 STIPULATION Extending Time for Defendant to Respond to the Complaint filed by 24 Hour Fitness USA, Inc.. (Deeley, Elizabeth) (Filed on 12/10/2019) |
| Filing 9 CERTIFICATE OF SERVICE by 24 Hour Fitness USA, Inc. - Proof of Service of Documents Related to Judicial Assignment (Deeley, Elizabeth) (Filed on 12/9/2019) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 3/9/2020. Initial Case Management Conference set for 3/16/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 12/9/2019) |
| Filing 7 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 12/23/2019. (mbcS, COURT STAFF) (Filed on 12/9/2019) |
| Filing 6 CERTIFICATE OF SERVICE filed by 24 Hour Fitness USA, Inc. of re #2 Notice of Appearance, re #1 Notice of Removal, re #5 Certificate of Interested Entities, re #3 Notice of Appearance, re #4 Certificate of Interested Entities (Deeley, Elizabeth) (Filed on 12/6/2019) |
| Filing 5 Rule 7.1 Corporate Disclosure Statement filed by 24 Hour Fitness USA, Inc. identifying Corporate Parent 24 Hour Fitness United States, Inc., Other Affiliate 24 Hour Fitness Worldwide, Inc., Other Affiliate 24 Hour Holdings II LLC, Other Affiliate 24 Hour Holdings I Corp. for 24 Hour Fitness USA, Inc.. (Deeley, Elizabeth) (Filed on 12/6/2019) |
| Filing 4 Certification of Interested Parties or Persons Pursuant to Civil Local Rule 3-15 filed by 24 Hour Fitness USA, Inc. identifying Corporate Parent 24 Hour Fitness United States, Inc., Other Affiliate 24 Hour Fitness Worldwide, Inc., Other Affiliate 24 Hour Holdings II LLC, Other Affiliate 24 Hour Holdings I Corp. for 24 Hour Fitness USA, Inc.. (Deeley, Elizabeth) (Filed on 12/6/2019) |
| Filing 3 NOTICE of Appearance by Joseph C. Hansen for 24 Hour Fitness USA, Inc. (Hansen, Joseph) (Filed on 12/6/2019) |
| Filing 2 NOTICE of Appearance by Elizabeth L. Deeley for 24 Hour Fitness USA, Inc. (Deeley, Elizabeth) (Filed on 12/6/2019) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California for the County of Contra Costa. Their case number is C19-02183, (Filing Fee: $400.00, receipt number 0971-13956692). Filed by 24 Hour Fitness USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Deeley, Elizabeth) (Filed on 12/6/2019) Modified on 12/9/2019 (tnS, COURT STAFF). |
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| Plaintiff: Richard Conn | |
| Represented By: | Jacob L Karczewski |
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| Defendant: 24 Hour Fitness USA, Inc. | |
| Represented By: | Joseph C. Hansen |
| Represented By: | Elizabeth L. Deeley |
| Represented By: | Cindy Guan |
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