Fitzsimmons v. Werner Co. et al
Plaintiff: Joseph Fitzsimmons
Defendant: Costco Wholesale Corp., Keller, Does 1 to 50 inclusive and Werner Co.
Case Number: 3:2020cv07903
Filed: November 10, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2021 Filing 20 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 3/25/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 2/22/2021. 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/lb General Order 58. Persons g ranted 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.) (ejkS, COURT STAFF) (Filed on 2/9/2021)
February 9, 2021 Opinion or Order Filing 19 ORDER. The defendant Keller has not appeared in the case. The court continues the initial case-management conference currently set for 2/11/2021 to 3/25/2021. The court asks the parties to confer and submit a short joint status update regarding the service and appearance of defendant Keller. The status must also address whether the parties believe the claims against Keller will remain as part of this case. The joint status update is due 2/22/2021. Signed by Judge Laurel Beeler on 2/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 2/9/2021)
January 27, 2021 Opinion or Order Filing 18 Order by Magistrate Judge Laurel Beeler granting #16 Stipulation selecting Private ADR. (ejkS, COURT STAFF) (Filed on 1/27/2021)
January 26, 2021 Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Terhar, Michael) (Filed on 1/26/2021)
January 26, 2021 Filing 16 STIPULATION and [Proposed] Order Selecting Private ADR by Werner Co. , Joseph Fitzsimmons and Costco Wholesale Corporation filed by Werner Co.. (Attachments: #1 Declaration of Michael Terhar)(Terhar, Michael) (Filed on 1/26/2021)
January 26, 2021 Filing 15 REPORT of Rule 26(f) Planning Meeting . (Terhar, Michael) (Filed on 1/26/2021)
December 28, 2020 Filing 14 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 2/11/2021 at 11:00 AM is reset to 9:30 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/lb General Order 58. Persons gran ted 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.) i> (ejkS, COURT STAFF) (Filed on 12/28/2020)
December 15, 2020 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Werner Co... (Terhar, Michael) (Filed on 12/15/2020)
December 14, 2020 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Costco Wholesale Corp... (Gagliardi, Donald) (Filed on 12/14/2020)
December 14, 2020 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joseph Fitzsimmons.. (Treppa, Michael) (Filed on 12/14/2020)
December 11, 2020 Filing 10 ANSWER TO CROSSCLAIM re #8 Answer to Complaint, and Crossclaim filed by Werner Co.. (Terhar, Michael) (Filed on 12/11/2020)
November 30, 2020 Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 12/14/2020. (ejkS, COURT STAFF) (Filed on 11/30/2020)
November 24, 2020 Filing 8 ANSWER to Complaint with Jury Trial Demand, and CROSSCLAIM against Keller, Werner Co. filed by Costco Wholesale Corp.. (Attachments: #(1) Certificate/Proof of Service, #(2) Cross-Claim, #3 Certificate/Proof of Service)(Gagliardi, Donald) (Filed on 11/24/2020)
November 17, 2020 Filing 7 ANSWER to Plaintiff's Complaint filed by Werner Co.. (Terhar, Michael) (Filed on 11/17/2020)
November 12, 2020 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/4/2021. Initial Case Management Conference set for 2/11/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 11/12/2020)
November 12, 2020 Filing 5 CERTIFICATE OF SERVICE filed by Werner Co. RE REMOVAL DOCUMENTS (Attachments: #1 Exhibit A)(Terhar, Michael) (Filed on 11/12/2020)
November 10, 2020 Filing 4 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO L.R. 3-15 filed by Werner Co. identifying Corporate Parent New Werner Holding Co., Inc. for Werner Co.. (Terhar, Michael) (Filed on 11/10/2020)
November 10, 2020 Filing 3 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 11/24/2020. (bwS, COURT STAFF) (Filed on 11/10/2020)
November 10, 2020 Filing 2 Civil Cover Sheet filed by Werner Co.. (Terhar, Michael) (Filed on 11/10/2020)
November 10, 2020 Filing 1 NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. SECTION 1441(b) (DIVERSITY) DEMAND FOR JURY TRIAL from Superior Court of California, County of Contra Costa. Their case number is C 20-00080, (Filing Fee: $400.00, receipt number 0971-15174644). Filed by Werner Co.. (Attachments: #(1) Exhibit A)(Terhar, Michael) (Filed on 11/10/2020) Modified on 11/12/2020 (tnS, COURT STAFF).

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Defendant: Costco Wholesale Corp.
Represented By: Arthur J. Casey
Represented By: Donald P. Gagliardi
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Defendant: Keller
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Defendant: Does 1 to 50 inclusive
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Defendant: Werner Co.
Represented By: Michael John Terhar
Represented By: Jonathan Edward Hembree
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Plaintiff: Joseph Fitzsimmons
Represented By: Michael Scott Treppa
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