Austin v. San Francisco Department of Public Health
| Francine Austin |
| San Francisco Departmentt of Public Health and San Francisco Department of Public Health |
| 3:2020cv07803 |
| November 4, 2020 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Richard Seeborg |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER RE #43 GRANTING DISMISSAL WITH PREJUDICE. Signed by Judge Richard Seeborg on 8/8/2022. (cl, COURT STAFF) (Filed on 8/8/2022)
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| Filing 43 STIPULATION WITH PROPOSED ORDER for Dismissal filed by Francine Austin. (Attachments: #1 Proposed Order)(Ratner, David) (Filed on 8/8/2022) |
| Filing 42 CLERK'S NOTICE CONTINUING STANDBY ORDER OF DISMISSAL. Show Cause Response due by 8/18/2022. Order to Show Cause Hearing previously set for 5/19/2022 is continued to 8/25/2022 at 01:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/12/2022) |
| Filing 41 CLERK'S NOTICE CONTINUING STANDBY ORDER OF DISMISSAL. Show Cause Response due by 5/12/2022. Order to Show Cause Hearing previously set for 1/13/2022 is continued to 5/19/2022 at 01:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/7/2022) |
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Filing 40
STANDBY ORDER OF DISMISSAL. Order to Show Cause Hearing set for 1/13/2022 01:30 PM. Show Cause Response due by 1/6/2022. Signed by Chief Judge Richard Seeborg on 10/15/2021. (clS, COURT STAFF) (Filed on 10/15/2021)
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| Filing 39 Minute Entry for Zoom proceedings held before Magistrate Judge Sallie Kim: Settlement Conference held on 10/14/2021. Case settled. Confidential settlement placed on the record. Settlement is subject to approval by the Board of Supervisors & the Health Commission. Parties of record may have a copy of this sealed transcript without need for Court Order. Digital Reporter: Recorded by Zoom Meeting. Plaintiff Attorney: David Ratner, Shelley Molineaux. Defendant Attorney: Peter A. Cownan.Total Time in Court: 6 Hours, 30 Minutes (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Date Filed: 10/15/2021) |
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Filing 38
STIPULATION AND ORDER RE #37 TO CONTINUE MOTION HEARING AND BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 10/5/2021. (clS, COURT STAFF) (Filed on 10/5/2021)
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| Set/Reset Deadlines as to #35 MOTION for Partial Summary Judgment . Motion Hearing previously set for 10/28/2021 is continued to 11/18/2021 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (clS, COURT STAFF) (Filed on 10/5/2021) |
| Filing 37 STIPULATION WITH PROPOSED ORDER re #35 MOTION for Partial Summary Judgment filed by Francine Austin. (Molineaux, Shelley) (Filed on 10/4/2021) |
| Filing 36 CLERKS NOTICE RESCHEDULING MOTION HEARING: The hearing on the motion for partial summary judgment #35 is rescheduled to 10/28/2021 at 1:30 PM before Judge Richard Seeborg. This proceeding will be held via a Zoom webinar.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 RScrd@cand.uscourts.gov no later than 10/21/2021 at 12:00 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs A>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.) (shyS, COURT STAFF) (Filed on 9/23/2021) |
| Filing 35 MOTION for Partial Summary Judgment filed by San Francisco Department of Public Health. Motion Hearing set for 10/28/2021 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 10/7/2021. Replies due by 10/14/2021. (Attachments: #1 Supplement Notice of Motion for Summary Adjudication/Partial Summary Judgment, #2 Declaration Declaration of Peter Cownan in Support of Defendant's Motion for Summary Adjudication/Partial Summary Judgment, #3 Declaration Declaration of Michelle Long in Support of Defendant's Motion for Summary Adjudication/Partial Summary Judgment, #4 Proposed Order [Proposed] Order Granting Defendant's Motion for Summary Adjudication/Partial Summary Judgment)(Cownan, Peter) (Filed on 9/23/2021) |
| Filing 34 CLERK'S NOTICE VACATING FURTHER CASE MANAGEMENT CONFERENCE. FURTHER CASE MANAGEMENT CONFERENCE CURRENTLY SET FOR SEPTEMBER 9, 2021 IS VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 9/8/2021) |
| Filing 33 CLERKS NOTICE SETTING ZOOM CASE MANAGEMENT CONFERENCE HEARING. Further Case Management Conference set for 9/9/2021 10:00 AM in San Francisco, - 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/rs Court Appearances: Advanced notice is required of couns el 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 RScrd@cand.uscourts.gov no later than September 7, 2021 AT 2:00 PM.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. Th ere is no document associated with this entry.) (clS, COURT STAFF) (Filed on 9/2/2021) |
| Filing 32 SECOND JOINT CASE MANAGEMENT STATEMENT filed by San Francisco Department of Public Health. (Cownan, Peter) (Filed on 9/2/2021) Modified text on 9/2/2021 (dhmS, COURT STAFF). |
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Filing 31
ORDER RE #30 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Richard Seeborg on 8/3/2021. (clS, COURT STAFF) (Filed on 8/3/2021)
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| Filing 30 [PROPOSED] ORDER re STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION filed by San Francisco Department of Public Health. (Cownan, Peter) (Filed on 7/30/2021) |
| Filing 29 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 6/25/2021. Settlement Conference rescheduled for 10/14/2021 09:30 AM in San Francisco - Videoconference Only. If there is a conflict with this date the parties shall meet and confer then provide three alternative dates to the Court. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. Court Appearances: Advanced notice is required of counsel or parties who will be attending the settlement conference. A joint list of names including client representatives and titles must be sent to the CRD at SKCRD@cand.uscourts.gov no later than 10/12/2021 at 12:00 PM. 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/. Total Time in Court: 15 minutes. Not reported. Attorney for Plaintiff: Shelley Molineaux . Attorney for Defendant: Peter Cownan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 6/25/2021) |
| Filing 28 CLERK'S NOTICE Vacating Settlement Conference: The Settlement Conference set for 6/25/2021 before Magistrate Judge Sallie Kim is vacated. The Court will instead hold a Scheduling Conference on 6/25/2021 at 09:30 AM by video conference to discuss a new date. Counsel shall use the following Zoom meeting information to participate: Meeting ID: 161 399 7742 Passcode: 530648 (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 6/8/2021) |
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Filing 27
ORDER by Judge Richard Seeborg GRANTING #26 STIPULATION TO CONTINUE SETTLEMENT CONFERENCE FOR 60 DAYS. (clS, COURT STAFF) (Filed on 6/7/2021)
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| Filing 26 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE FOR 60 DAYS filed by Francine Austin. (Molineaux, Shelley) (Filed on 6/4/2021) |
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Filing 25
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER (with Judge's signature affixed). Settlement Conference set for 6/25/2021 09:30 AM in San Francisco - Videoconference Only. Signed by Magistrate Judge Sallie Kim on 3/5/2021. (mklS, COURT STAFF) (Filed on 3/5/2021)
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Filing 24
**Filed in error without signature affixed. Refer to docket no. #25 .** NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 6/25/2021 09:30 AM in San Francisco - Videoconference Only. Signed by Magistrate Judge Sallie Kim on 3/5/2021. (mklS, COURT STAFF) (Filed on 3/5/2021) Modified on 3/5/2021 (mklS, COURT STAFF).
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| Filing 23 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 3/5/2021. Settlement conference set for 6/25/2021 at 9:30 AM. The Court will issue a settlement conference order. (Total Time in Court: 15 minutes.) (Not reported.) Attorney for Plaintiff: Shelley Molineaux. Attorney for Defendant: Peter Cownan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 3/5/2021) |
| Filing 22 NOTICE of Appearance by Peter Abraham Cownan and Re-Assignment of Attorney (Cownan, Peter) (Filed on 2/26/2021) |
| Filing 21 NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 3/5/2021 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 2/19/2021. (mklS, COURT STAFF) (Filed on 2/19/2021) |
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Filing 20
INITIAL CASE MANAGEMENT SCHEDULING ORDER. ORDER REFERRING CASE to Magistrate Judge for Settlement. Case Management Statement due by 9/2/2021. Telephonic Further Case Management Conference set for 9/9/2021 at 10:00 AM. Jury Selection/Trial set for 1/18/2022 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 1/5/2022 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Chief Judge Richard Seeborg on 2/18/2021. (clS, COURT STAFF) (Filed on 2/18/2021)
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| Filing 19 Minute Entry for proceedings held before Judge Richard Seeborg: Initial Case Management Conference held telephonic on 2/18/2021. Court to issue Case Management Scheduling Order.Total Time in Court: 10 minutes. Not Reported or Recorded.Plaintiff Attorney: Shelly Molineaux, David Ratner - Telephonic. Defendant Attorney: Lisa Berkowitz - Telephonic. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Date Filed: 2/18/2021) |
| CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (ahm, COURT STAFF) (Filed on 2/18/2021) |
| Filing 18 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by San Francisco Department of Public Health. (Berkowitz, Lisa) (Filed on 2/11/2021) |
| Filing 17 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: The Initial Case Management Conference previously set for February 11, 2021 is continued to February 18, 2021 at 10:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by February 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 2/4/2021) |
| Filing 16 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berkowitz, Lisa) (Filed on 1/19/2021) |
| Filing 15 NOTICE of Appearance by Lisa Beth Berkowitz - Notice of Appearance and Reassignment of Attorney (Berkowitz, Lisa) (Filed on 1/11/2021) |
| Filing 14 ANSWER to Complaint for Damages filed by San Francisco Departmentt of Public Health. (Ofierski, Rafal) (Filed on 12/22/2020) |
| Filing 13 CERTIFICATE OF SERVICE filed by Francine Austin of re #1 Complaint (Ratner, David) (Filed on 12/7/2020) |
| Filing 12 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 2/11/2021 at 10:00 AM to be held telephonic before Judge Richard Seeborg upon reassignment. Case Management Statement due by 2/4/2021.All parties shall appear telephonically and must contact Court Conference at (866) 582-6878 at least one week prior to the Conference to arrange their participation. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 11/23/2020) |
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Filing 11
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case.. Signed by The Clerk on 11/23/20. (haS, COURT STAFF) (Filed on 11/23/2020)
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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 11/23/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Francine Austin.. (Molineaux, Shelley) (Filed on 11/20/2020) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 12/4/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 11/20/2020) |
| Filing 7 Summons Issued as to Defendant San Francisco Departmentt of Public Health. (tnS, COURT STAFF) (Filed on 11/5/2020) |
| Filing 6 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. Joint Case Management Statement due by 2/ 1/2021. Initial Case Management Conference set for 2/8/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 11/5/2020) |
| Filing 5 Civil Cover Sheet by Francine Austin . (Ratner, David) (Filed on 11/5/2020) |
| Filing 4 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 11/18/2020. (bwS, COURT STAFF) (Filed on 11/4/2020) |
| Filing 3 DEMAND for Trial by Jury filed by Francine Austin. (Ratner, David) (Filed on 11/4/2020) |
| Filing 2 Proposed Summons. (Ratner, David) (Filed on 11/4/2020) |
| Filing 1 COMPLAINT FOR DAMAGES: 1. Racial Discrimination in Violation of Title VII of the Civil Rights Act 1964 (CRA) [42 U.S.C. 2000e-2]; 2. Disability Discrimination in Violation of Title II of the Americans with Disabilities Act 1990 (ADA) [42 U.S.C. 12101, et seq.]; 3.Failure to Provide a Reasonable Accommodation under the ADA [42 U.S.C. 12111(8)-(9)]; 4.Failure to Engage in Good Faith Interactive Process in Violation of the Code of Federal Regulations (CFR) [29 CFR 1630.2(o)(3)]; 5.Harassment Under the ADA [42 U.S.C. 12203]; 6.Retaliation Under the ADA [42 U.S.C. 12203]; 7.Failure to Prevent Discrimination, Retaliation and Harassment Under the ADA [42 U.S.C. 12101]; 8.Violation of Business and Professions Code 17200; 9.Intentional Infliction of Emotional Distress; Demand for Jury Trial against All Defendants, (Filing Fee: $400.00, receipt number 0971-15154081). Filed by Francine Austin. (Attachments: #(1) Civil Cover Sheet)(Ratner, David) (Filed on 11/4/2020) Modified on 11/5/2020 (tnS, COURT STAFF). |
| #Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 06/17) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20) re #1 . #1 Complaint filed by Francine Austin (bwS, COURT STAFF) (Filed on 11/4/2020) |
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