Eaton et al v. Cavalia (USA) Inc.
Plaintiff: Kimberly Eaton and Anna Devito
Defendant: Cavalia (USA) Inc.
Case Number: 3:2020cv05219
Filed: July 29, 2020
Court: US District Court for the Northern District of California
Presiding Judge: William Alsup
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 31 Response re #29 Order Requesting Information byCavalia (USA) Inc.. (Bacon, Theodore) (Filed on 9/25/2020)
September 21, 2020 Filing 30 REPLY (re #18 First MOTION to Remand ) in support of Plaintiffs' Motion to Remand filed byAnna Devito, Kimberly Eaton. (Suh, Roy) (Filed on 9/21/2020)
September 21, 2020 Opinion or Order Filing 29 ORDER REQUESTING INFORMATION. Signed by Judge Alsup on 9/21/2020. (whalc1, COURT STAFF) (Filed on 9/21/2020)
September 14, 2020 Filing 28 Request for Judicial Notice re #27 Opposition/Response to Motion filed byCavalia (USA) Inc.. (Related document(s) #27 ) (Bacon, Theodore) (Filed on 9/14/2020)
September 14, 2020 Filing 27 OPPOSITION/RESPONSE (re #18 First MOTION to Remand ) filed byCavalia (USA) Inc.. (Attachments: #1 Declaration of Joanne C. Chan ISO Motion to Remand)(Bacon, Theodore) (Filed on 9/14/2020)
September 3, 2020 Filing 26 CLERK'S NOTICE CONTINUING HEARING AND SETTING TELEPHONIC HEARING. Pursuant to the Court's Order at #25 , the Motion Hearing as to #11 MOTION to Dismiss Second Amended Complaint set for 10/8/2020 is continued to 11/5/2020 at 8:00 AM before Judge William Alsup. Responses due by 10/9/2020 at 12:00 PM. Replies due by 10/15/2020 at 12:00 PM. 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) 684-8852Access Code: 3707514The 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.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. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 9/3/2020)
September 3, 2020 Opinion or Order Filing 25 ORDER RE #20 STIPULATED REQUEST ON BRIEFING SCHEDULE FOR MOTION TO DISMISS. (whalc1, COURT STAFF) (Filed on 9/3/2020)
September 2, 2020 Filing 24 Request for Judicial Notice re #12 Request for Judicial Notice CORRECTION OF DOCKET #12 filed byCavalia (USA) Inc.. (Related document(s) #12 ) (Bacon, Theodore) (Filed on 9/2/2020)
September 2, 2020 Filing 23 Declaration of Joanne C. Chan in Support of #11 MOTION to Dismiss Second Amended Complaint CORRECTION OF DOCKET #[11-1] filed byCavalia (USA) Inc.. (Related document(s) #11 ) (Bacon, Theodore) (Filed on 9/2/2020)
September 2, 2020 Filing 22 Declaration of Joanne C. Chan in Support of #1 Notice of Removal, CORRECTION OF DOCKET #[1-4] filed byCavalia (USA) Inc.. (Related document(s) #1 ) (Bacon, Theodore) (Filed on 9/2/2020)
September 2, 2020 Filing 21 Proposed Order re #20 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Dismiss Second Amended Complaint (Seeking Order Re-Setting Hearing and Briefing Schedule on Defendant Cavalia (USA) Inc's Motion to Dismiss Plaintiffs' Second Amended Complaint ) by Anna Devito, Kimberly Eaton. (Suh, Roy) (Filed on 9/2/2020)
September 2, 2020 Filing 20 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Dismiss Second Amended Complaint (Seeking Order Re-Setting Hearing and Briefing Schedule on Defendant Cavalia (USA) Inc's Motion to Dismiss Plaintiffs' Second Amended Complaint Until After Ruling on Plaintiffs' Motion for Remand) filed by Anna Devito, Kimberly Eaton. (Suh, Roy) (Filed on 9/2/2020)
August 31, 2020 Filing 19 Proposed Order re #18 First MOTION to Remand by Anna Devito, Kimberly Eaton. (Suh, Roy) (Filed on 8/31/2020)
August 31, 2020 Filing 18 First MOTION to Remand filed by Anna Devito, Kimberly Eaton. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/14/2020. Replies due by 9/21/2020. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Notice of Motion to Remand, #2 Declaration of Roy K. Suh in Support of Plaintiffs' Notice of Motion to Remand with Exhibits A-P)(Suh, Roy) (Filed on 8/31/2020)
August 31, 2020 #Electronic filing error. Incorrect event used. [err101]Document not properly linked. [err102]This filing will not be processed by the clerks office. Please refile as single Motion . Declaration in Support can be filed either as a supplement to Motion or as a Separated Event. Please re-file in its entirety. Re: #16 First MOTION to Remand filed by Anna Devito, Kimberly Eaton, #15 First MOTION to Remand filed by Anna Devito, Kimberly Eaton, #14 First MOTION to Remand filed by Anna Devito, Kimberly Eaton (msrS, COURT STAFF) (Filed on 8/31/2020)
August 29, 2020 Filing 17 Proposed Order re #16 First MOTION to Remand , #15 First MOTION to Remand , #14 First MOTION to Remand by Anna Devito, Kimberly Eaton. (Suh, Roy) (Filed on 8/29/2020)
August 29, 2020 Filing 16 First MOTION to Remand filed by Anna Devito, Kimberly Eaton. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/14/2020. Replies due by 9/21/2020. (Attachments: #1 Exhibit Exhs A-D to Roy K. Suh Declaration, #2 Exhibit Exhs E-P to Roy K. Suh Declaration)(Suh, Roy) (Filed on 8/29/2020)
August 29, 2020 Filing 15 First MOTION to Remand filed by Anna Devito, Kimberly Eaton. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/14/2020. Replies due by 9/21/2020. (Suh, Roy) (Filed on 8/29/2020)
August 28, 2020 Filing 14 First MOTION to Remand filed by Anna Devito, Kimberly Eaton. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/11/2020. Replies due by 9/18/2020. (Suh, Roy) (Filed on 8/28/2020)
August 27, 2020 Filing 13 Proposed Order re #11 MOTION to Dismiss Second Amended Complaint by Cavalia (USA) Inc.. (Bacon, Theodore) (Filed on 8/27/2020)
August 27, 2020 Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss Second Amended Complaint filed byCavalia (USA) Inc.. (Related document(s) #11 ) (Bacon, Theodore) (Filed on 8/27/2020)
August 27, 2020 Filing 11 MOTION to Dismiss Second Amended Complaint filed by Cavalia (USA) Inc.. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/10/2020. Replies due by 9/17/2020. (Attachments: #1 Declaration Declaration of Joanne C. Chan ISO Motion to Dismiss)(Bacon, Theodore) (Filed on 8/27/2020)
August 7, 2020 Filing 10 DEMAND for Trial by Jury by Cavalia (USA) Inc.. (Attachments: #1 Certificate/Proof of Service)(Bacon, Theodore) (Filed on 8/7/2020)
August 6, 2020 Filing 9 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. Case Management Statement due by 10/29/2020. Initial Case Management Conference set for 11/5/2020 11:00 AM in San Francisco, Chambers. 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) 684-8852Access Code: 3707514The 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.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. Case Management Statement due by 10/29/2020. Initial Case Management Conference set for 11/5/2020 11:00 AM in San Francisco, Chambers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 8/6/2020)
August 6, 2020 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup 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 8/6/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/6/2020)
August 5, 2020 Filing 7 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 8/5/2020)
August 4, 2020 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cavalia (USA) Inc... (Attachments: #1 Certificate/Proof of Service)(Bacon, Theodore) (Filed on 8/4/2020)
July 30, 2020 Filing 5 CERTIFICATE OF SERVICE by Cavalia (USA) Inc. re #1 Notice of Removal, Civil Cover Sheet, Declarations of Joanne C. Chan and Julie Centofanti, Certificate of Interested Parties and Standing Order for Judge Ryu (Bacon, Theodore) (Filed on 7/30/2020)
July 30, 2020 Filing 4 Certificate of Interested Entities by Cavalia (USA) Inc. (Bacon, Theodore) (Filed on 7/30/2020)
July 30, 2020 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the 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 10/28/20 20. Initial Case Management Conference set for 11/4/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 7/30/2020)
July 30, 2020 Filing 2 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 8/13/2020. (mbcS, COURT STAFF) (Filed on 7/30/2020)
July 30, 2020 #Electronic filing error. Incorrect event used. [err101] Name of Interested Entities must be entered. Correct event is found under Civil Events > Other Filings > Notices >gt ; Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[1-2] Certificate of Interested Parties, filed by Cavalia (USA) Inc. (jmlS, COURT STAFF) (Filed on 7/30/2020)
July 29, 2020 Filing 1 NOTICE OF REMOVAL with jury demand from Superior Court of San Francisco. Their case number is CGC-19-579421. (Filing fee $400 receipt number 0971-14751638). Filed by Cavalia (USA) Inc.. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Interested Parties, #3 Declaration Declaration of Julie Centofanti, #4 Declaration Declaration of Joanne C. Chan)(Bacon, Theodore) (Filed on 7/29/2020) Modified on 7/30/2020 (jmlS, COURT STAFF).

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Plaintiff: Kimberly Eaton
Represented By: Daniel Joseph Bass
Represented By: Roy Karngwon Suh
Represented By: Taras Peter Kick
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Plaintiff: Anna Devito
Represented By: Daniel Joseph Bass
Represented By: Roy Karngwon Suh
Represented By: Taras Peter Kick
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Defendant: Cavalia (USA) Inc.
Represented By: Theodore Emery Bacon
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