Diaz v. Rescare, Inc et.al.
Plaintiff: Susana Diaz
Defendant: Rescare Inc. and RSCR California, Inc.
Case Number: 4:2020cv01333
Filed: February 21, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Referring Judge: Yvonne Gonzalez Rogers
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2020 Filing 19 RSCR ANSWER to #17 Amended Complaint by RSCR California, Inc. (Montoya, Phil) (Filed on 4/6/2020) Modified on 4/7/2020 (jjbS, COURT STAFF).
April 6, 2020 Filing 18 Rescare ANSWER to #17 First Amended Complaint by Rescare Inc.. (Montoya, Phil) (Filed on 4/6/2020) Modified on 4/7/2020 (jjbS, COURT STAFF).
March 23, 2020 Filing 17 FIRST AMENDED COMPLAINT against All Defendants. Filed bySusana Diaz. (Setareh, Chaim) (Filed on 3/23/2020) Modified on 3/24/2020 (jjbS, COURT STAFF).
March 11, 2020 Opinion or Order Filing 16 ORDER by Judge Yvonne Gonzalez Rogers granting #10 Motion for Pro Hac Vice as to Matthew A. Boyd. Signed by Judge Yvonne Gonzalez Rogers on 3/11/2020. (fs, COURT STAFF) (Filed on 3/11/2020)
March 11, 2020 Opinion or Order Filing 15 ORDER by Judge Yvonne Gonzalez Rogers granting #11 Motion for Pro Hac Vice as to Ronald G. Polly, Jr. (fs, COURT STAFF) (Filed on 3/11/2020)
March 11, 2020 Opinion or Order Filing 14 ***INCORRECT ATTACHMENT. SEE DKT. NO. 16 FOR CORRECT ENTRY*** ORDER by Judge Yvonne Gonzalez Rogers granting #10 Motion for Pro Hac Vice as to Matthew A. Boyd. (fs, COURT STAFF) (Filed on 3/11/2020) Modified on 3/11/2020 (fs, COURT STAFF).
March 11, 2020 Opinion or Order Filing 13 ORDER by Judge Yvonne Gonzalez Rogers granting #12 Stipulation to take Motion to Dismiss off calendar and File First Amended Complaint. Amended Pleadings due by 3/23/2020. (fs, COURT STAFF) (Filed on 3/11/2020)
March 10, 2020 Filing 12 STIPULATION WITH PROPOSED ORDER to Take #7 Motion to Dismiss Off Calendar and File First Amended Complaint filed by Susana Diaz, RSCR California, Inc., and Rescare, Inc. (Setareh, Chaim) (Filed on 3/10/2020) Modified on 3/11/2020 (jjbS, COURT STAFF).
March 5, 2020 Filing 11 First MOTION for leave to appear in Pro Hac Vice Application for Admission of attorney Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14250545.) filed by Rescare Inc.. (Montoya, Phil) (Filed on 3/5/2020)
March 5, 2020 Filing 10 First MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14249701.) filed by Rescare Inc.. (Montoya, Phil) (Filed on 3/5/2020)
March 2, 2020 #Electronic filing error. Incorrect event used. [err101]. Correct Event is "Certificate/Proof of Service" Event can be found under Civil Events > Initials Pleadings an d Service > Service of Process > Certificate/ Proof of Service. Corrected by Clerk's Office. No further action is necessary. Re: #9 Case Management Statement filed by Rescare Inc. (jjbS, COURT STAFF) (Filed on 3/2/2020)
February 28, 2020 Filing 9 CERTIFICATE OF SERVICE filed by Rescare Inc.. (Montoya, Phil) (Filed on 2/28/2020) Modified on 3/2/2020 (jjbS, COURT STAFF).
February 28, 2020 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rescare Inc... (Montoya, Phil) (Filed on 2/28/2020)
February 28, 2020 Filing 7 First MOTION to Dismiss complaint for failure to state a claim filed by Rescare Inc.. Motion Hearing set for 4/7/2020 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 3/13/2020. Replies due by 3/20/2020. (Attachments: #1 Certificate/Proof of Service of standing order; joint case management; consenting to magistrate booklet, #2 Proposed Order Granting Defendants' motion to dismiss plaintiff's complaint for failure to state a claim)(Montoya, Phil) (Filed on 2/28/2020)
February 25, 2020 Filing 6 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 du e by 5/14/2020. Initial Case Management Conference set for 5/21/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 2/25/2020)
February 25, 2020 Opinion or Order Filing 5 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the 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 2/25/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 2/25/2020)
February 25, 2020 Filing 4 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. (ejkS, COURT STAFF) (Filed on 2/25/2020)
February 25, 2020 Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Susana Diaz.. (Setareh, Chaim) (Filed on 2/25/2020)
February 21, 2020 Filing 2 Case assigned to Magistrate Judge Laurel Beeler. 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 3/6/2020. (cv, COURT STAFF) (Filed on 2/21/2020)
February 21, 2020 Filing 1 NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-20-582235, (Filing Fee: $400.00, receipt number 0971-14205383). Filed by Antonia Rescare. (Attachments: #1 Civil Cover Sheet, #2 Declaration Cynthia Eisenmenger, #3 notice to plaintiff of removal, #4 L.R.315 Ceriticate, #5 Declaration Phil Montoya)(Montoya, Phil) (Filed on 2/21/2020) Modified on 2/25/2020 (tnS, COURT STAFF).

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Defendant: Rescare Inc.
Represented By: Phil John Montoya, Jr.
Represented By: Ronald Glen Polly, Jr.
Represented By: Matthew A Boyd
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Defendant: RSCR California, Inc.
Represented By: Phil John Montoya, Jr.
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Plaintiff: Susana Diaz
Represented By: Chaim Shaun Setareh
Represented By: Farrah Grant
Represented By: Thomas Alistair Segal
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