Davey v. The Home Depot USA, Inc.
| Lisa Davey |
| The Home Depot USA, Inc. |
| 3:2020cv07297 |
| October 16, 2020 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 19 CLERK'S NOTICE vacating hearing set for 12/17/2020 re #10 Motion to Dismiss or Transfer. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 18 REPLY (re #10 MOTION to Dismiss or MOTION to Transfer Case ) filed byThe Home Depot USA, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Barbara Miller)(Miller, Barbara) (Filed on 12/7/2020) |
| Filing 17 OPPOSITION/RESPONSE (re #10 MOTION to Dismiss or MOTION to Transfer Case ) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS OR TRANSFER BASED ON THE FIRST-TO-FILE RULE OR, ALTERNATIVELY, TO DISMISS PURSUANT TO FED. R. CIV. P 12(b)(6) filed byLisa Davey. (Mauro, Gregory) (Filed on 11/24/2020) |
| Filing 16 CLERK'S NOTICE PROVIDING ZOOM ACCESS TO MOTION HEARING SET FOR 12/17/2020 RE #10 MOTION to Dismiss or MOTION to Transfer Case . Motion Hearing set for 12/17/2020, 10:00 AM, by Videoconference Only before Judge Vince Chhabria. This proceeding 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.uscou rts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified 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 vccrd@cand.uscourts.gov no later than Monday, December 14, 2020, at 10:00 a.m.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/. Motion Hearing set for 12/17/2020, 10:00 AM, by Videoconference Only before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 11/20/2020) |
| Filing 15 Renotice motion hearing re #10 MOTION to Dismiss or MOTION to Transfer Case filed byThe Home Depot USA, Inc.. (Related document(s) #10 ) (Miller, Barbara) (Filed on 11/12/2020) |
| Filing 14 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 1/12/2021. Initial Case Management Conference set for 1/19/2021, 02:00 PM, by Videoconference Only. This proceeding 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/vc Court A ppearances: Advanced notice is required of counsel or parties who wish to be identified 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 vccrd@cand.uscourts.gov no later than Thursday, January 14, 2021, at 10:00 a.m.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/. p> Case Management Statement due by 1/12/2021. Initial Case Management Conference set for 1/19/2021, 02:00 PM, by Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 11/4/2020) |
Filing 13
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse 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 10/28/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/28/2020)
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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 reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shyS, COURT STAFF) (Filed on 10/27/2020) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Home Depot USA, Inc... (Miller, Barbara) (Filed on 10/23/2020) |
| Filing 10 MOTION to Dismiss or, MOTION to Transfer Case filed by The Home Depot USA, Inc.. Motion Hearing set for 12/11/2020 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 11/6/2020. Replies due by 11/13/2020. (Attachments: #1 Declaration of Barbara Miller, #2 Proposed Order)(Miller, Barbara) (Filed on 10/23/2020) |
| Filing 9 NOTICE of Appearance by Nancy My Ngoc Nguyen (Nguyen, Nancy) (Filed on 10/23/2020) |
| Filing 8 NOTICE of Appearance by Paul Bartholomew Quintans (Quintans, Paul) (Filed on 10/23/2020) |
| Filing 7 NOTICE of Appearance by John David Hayashi (Hayashi, John) (Filed on 10/23/2020) |
| Filing 6 NOTICE of Appearance by Barbara Jean Miller (Miller, Barbara) (Filed on 10/23/2020) |
| Filing 5 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 1/15/2021. Initial Case Management Conference set for 1/22/2021 02:00 PM in San Francisco, Courtroom A, 15th Floor. (gbaS, COURT STAFF) (Filed on 10/21/2020) |
| Filing 4 CERTIFICATE OF SERVICE by The Home Depot USA, Inc. re #1 Notice of Removal,, (Attachments: #1 Exhibit 1)(Mezias, Donna) (Filed on 10/21/2020) |
| Filing 3 Case assigned to Magistrate Judge Alex G. Tse. 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 11/2/2020. (mbcS, COURT STAFF) (Filed on 10/19/2020) |
| Filing 2 Certificate of Interested Entities by The Home Depot USA, Inc. identifying Corporate Parent Home Depot U.S.A., Inc., Corporate Parent The Home Depot USA, Inc. for The Home Depot USA, Inc.. re #1 Notice of Removal,, (Mezias, Donna) (Filed on 10/16/2020) |
| Filing 1 NOTICE OF REMOVAL of Action from Contra Costa Superior. Their case number is CIVMSC20-01093. (Filing fee $400.00, receipt number 0971-15077361). Filed by The Home Depot USA, Inc.. (Attachments: #1 Declaration of Dorothy F. Kaslow, #2 Exhibit A to Declaration of Dorothy F. Kaslow, #3 Exhibit B to Declaration of Dorothy F. Kaslow, #4 Exhibit C to Declaration of Dorothy F. Kaslow, #5 Declaration of Deborah Mosunich, #6 Declaration of G. Edward Anderson, Ph.D., #7 Civil Cover Sheet) (Mezias, Donna) (Filed on 10/16/2020) Modified on 10/21/2020 (gbaS, COURT STAFF). |
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