Smith v. Fidelity Workplace Services LLC et al
| TIMOTHY SMITH JR and Timothy Smith, Jr. |
| AT&T Services, Inc. and Fidelity Workplace Services LLC |
| 3:2021cv03941 |
| May 25, 2021 |
| US District Court for the Northern District of California |
| James Donato |
| Joseph C Spero |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Employee Benefits |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 62 JUDGMENT. Signed by Judge James Donato on 6/14/2023. (jdlc1, COURT STAFF) (Filed on 6/14/2023) |
Filing 61
ORDER RE MOTION TO DISMISS. Signed by Judge James Donato on 6/13/2023. ***Civil Case Terminated. (jdlc1, COURT STAFF) (Filed on 6/13/2023)
|
|
Filing 60
ORDER. The motion to dismiss, Dkt. No. 54, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing set for April 20, 2023, is vacated. Signed by Judge James Donato on 4/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 4/13/2023)
|
| Filing 59 STIPULATION WITH PROPOSED ORDER TO VACATE THE APRIL 20, 2023 MOTIONS HEARING filed by AT&T Services, Inc., Fidelity Workplace Services LLC, Timothy Smith , Jr. (Attachments: #1 Proposed Order)(Campbell, Stacey) (Filed on 4/13/2023) Modified on 4/13/2023 (cjl, COURT STAFF). |
| Filing 58 REPLY (re #54 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byAT&T Services, Inc., Fidelity Workplace Services LLC. (Campbell, Stacey) (Filed on 3/28/2023) |
| Filing 57 OPPOSITION/RESPONSE (re #54 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byTimothy Smith, Jr. (Varlack, Tiega) (Filed on 3/22/2023) |
| Set/Reset Deadlines as to #54 MOTION to Dismiss Plaintiff's Second Amended Complaint. Motion Hearing set for 4/20/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrc, COURT STAFF) (Filed on 3/14/2023) |
| Filing 56 NOTICE of Substitution of Counsel by Stacey Alan Campbell (Campbell, Stacey) (Filed on 3/14/2023) |
| Filing 55 DEFENDANTS NOTICE OF MOTION HEARING REGARDING #54 THEIR FEB. 21, 2023 MOTION TO DISMISS by AT&T Services, Inc., Fidelity Workplace Services LLC. (Campbell, Stacey) (Filed on 3/14/2023) Modified on 3/15/2023 (cjl, COURT STAFF). |
| Filing 54 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by AT&T Services, Inc., Fidelity Workplace Services LLC. Motion Hearing set for 3/23/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/21/2023. Replies due by 3/28/2023. (Attachments: #1 Proposed Order)(Campbell, Stacey) (Filed on 2/21/2023) |
|
Filing 53
ORDER. For Dkt. No. 52, defense counsel did not identify a good reason for an extension of the time to respond to the second amended complaint. As a one-time courtesy, defendants may file a responsive pleading by February 21, 2023. Smith may respond to any motion to dismiss by March 21, 2023. Signed by Judge James Donato on 2/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 2/15/2023)
|
| Filing 52 Stipulated Request for Extensions of Time for Defendants to Answer or Response to Plaintiff's Second Amended Complaint, and for Plaintiff to Submit a Response to a Motion Pursuant to F.R.C.P. 12(b) filed by AT&T Services, Inc., Fidelity Workplace Services LLC, Timothy Smith, Jr. (Attachments: #1 Declaration of Stacey A. Campbell, #2 Proposed Order)(Campbell, Stacey) (Filed on 2/14/2023) Modified on 2/15/2023 (cjl, COURT STAFF). |
| Filing 51 SECOND AMENDED COMPLAINT (with jury demand) against All Defendants. Filed by Timothy Smith, Jr. (Varlack, Tiega) (Filed on 1/31/2023) Modified on 2/1/2023 (cjl, COURT STAFF). |
|
Filing 50
ORDER RE MOTION TO DISMISS AND PARTIAL STAY. Signed by Judge James Donato on 1/11/2023. (jdlc1, COURT STAFF) (Filed on 1/11/2023)
|
|
Filing 49
ORDER. The motion to stay discovery, Dkt. No. 45, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for July 28, 2022, is vacated. Signed by Judge James Donato on 7/20/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 7/20/2022)
|
| Filing 48 MOTION to Appear by Telephone filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Proposed Order)(A., Stacey) (Filed on 7/15/2022) |
| Filing 47 REPLY (re #45 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss ) filed byAT&T Services, Inc., Fidelity Workplace Services LLC. (A., Stacey) (Filed on 7/7/2022) |
| Filing 46 OPPOSITION/RESPONSE (re #45 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss ) filed byTimothy Smith, Jr. (Varlack, Tiega) (Filed on 6/23/2022) |
| Filing 45 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by AT&T Services, Inc., Fidelity Workplace Services LLC. Motion Hearing set for 7/28/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/24/2022. Replies due by 7/1/2022. (Attachments: #1 Proposed Order)(A., Stacey) (Filed on 6/10/2022) |
| Filing 44 REPLY (re #39 MOTION to Dismiss ) filed byAT&T Services, Inc., Fidelity Workplace Services LLC. (A., Stacey) (Filed on 5/26/2022) |
|
Filing 43
ORDER. The motion to dismiss, Dkt. No. #39 , is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing set for June 16, 2022, is vacated. Signed by Judge James Donato on 5/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 5/25/2022)
|
| Filing 42 OPPOSITION/RESPONSE (re #39 MOTION to Dismiss) filed by Timothy Smith, Jr. (Varlack, Tiega) (Filed on 5/19/2022) Modified on 5/20/2022 (kkp, COURT STAFF). |
| Filing 41 MOTION to Appear by Telephone filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Proposed Order)(A., Stacey) (Filed on 5/19/2022) |
| Filing 40 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #39 MOTION to Dismiss . Motion Hearing set for 6/16/2022 10:00 AM before Judge James Donato. (lrc, COURT STAFF) (Filed on 5/5/2022) |
| Filing 39 MOTION to Dismiss filed by AT&T Services, Inc., Fidelity Workplace Services LLC. Motion Hearing set for 6/16/2022 11:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 5/19/2022. Replies due by 5/26/2022. (Attachments: #1 Exhibit, #2 Proposed Order)(A., Stacey) (Filed on 5/5/2022) |
|
Filing 38
ORDER. The motion for an extension of time, Dkt. No. #37 , is granted. Defendants may file a response to the first amended complaint by May 5, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 4/1/2022)
|
| Filing 37 MOTION for Extension of Time to File Answer filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Declaration of Stacey Campbell, #2 Proposed Order)(A., Stacey) (Filed on 3/30/2022) |
|
Filing 36
ORDER by Judge James Donato granting #34 Motion for Pro Hac Vice as to Stacey A. Campbell. (lrc, COURT STAFF) (Filed on 3/23/2022)
|
| #Electronic filing error. Incorrect PDF attached. [err201] Pro Hac Vice Application has been updated. Please access the new form from the court's web site and re-file. This filing will not be processed by the clerks office. Re: #34 MOTION for leave to appear in Pro Hac Vice for Stacey Campbell (Filing fee $317, receipt number ACANDC-17014572) filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (cjl, COURT STAFF) (Filed on 3/23/2022) |
| Filing 35 FIRST AMENDED COMPLAINT (with jury demand) against Timothy Smith, Jr. Filed by Timothy Smith, Jr. (Varlack, Tiega) (Filed on 3/22/2022) Modified on 3/23/2022 (cjl, COURT STAFF). |
| Filing 34 MOTION for leave to appear in Pro Hac Vice for Stacey Campbell ( Filing fee $ 317, receipt number ACANDC-17014572.) filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Exhibit)(A., Stacey) (Filed on 3/22/2022) |
|
Filing 33
ORDER RE MOTIONS TO DISMISS. Signed by Judge James Donato on 3/1/2022. (jdlc1, COURT STAFF) (Filed on 3/1/2022)
|
|
Filing 32
ORDER. The motions to dismiss, Dkt. Nos. 12 and 13, are suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing and initial case management conference set for December 9, 2021, are vacated. Signed by Judge James Donato on 12/6/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 12/6/2021)
|
| Filing 31 MOTION to Appear by Telephone filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Proposed Order)(Lungstrum Macneill, Alison) (Filed on 12/2/2021) |
| Filing 30 JOINT CASE MANAGEMENT STATEMENT filed by AT&T Services, Inc., Fidelity Workplace Services LLC, Timothy Smith, Jr. (Lungstrum Macneill, Alison) (Filed on 12/2/2021) Modified on 12/2/2021 (cjl, COURT STAFF). |
| Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Varlack, Tiega) (Filed on 12/2/2021) |
| Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lungstrum Macneill, Alison) (Filed on 12/2/2021) |
| Filing 27 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 11/19/2021) |
| Filing 26 Certificate of Interested Entities by Fidelity Workplace Services LLC identifying Corporate Parent FRM LLC for Fidelity Workplace Services LLC. (Lungstrum Macneill, Alison) (Filed on 8/19/2021) |
| Filing 25 Certificate of Interested Entities by AT&T Services, Inc. identifying Corporate Parent AT&T, Inc. for AT&T Services, Inc. (Lungstrum Macneill, Alison) (Filed on 8/19/2021) Modified on 8/19/2021 (mclS, COURT STAFF). |
|
Filing 24
ORDER. The initial case management conference and motion hearing are continued to December 9, 2021, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 8/12/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/12/2021)
|
| #Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety using the correct event Certificat e of Interested Entities found under the Other Filings/Notices category. Re: #23 Notice (Other) filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (mclS, COURT STAFF) (Filed on 8/12/2021) |
| Filing 23 NOTICE by AT&T Services, Inc., Fidelity Workplace Services LLC (Lungstrum Macneill, Alison) (Filed on 8/11/2021) |
| Filing 22 MOTION for Leave to Appear via Zoom filed by AT&T Services, Inc.. (Gardiner, Katherine) (Filed on 8/9/2021) |
| Filing 21 MOTION for Leave to Appear via Zoom filed by Fidelity Workplace Services LLC. (Gardiner, Katherine) (Filed on 8/9/2021) |
| Filing 20 REPLY (re #13 MOTION to Dismiss , #12 MOTION to Dismiss ) filed byFidelity Workplace Services LLC. (Gardiner, Katherine) (Filed on 7/13/2021) |
| Filing 19 REPLY (re #13 MOTION to Dismiss , #12 MOTION to Dismiss ) filed byAT&T Services, Inc.. (Gardiner, Katherine) (Filed on 7/13/2021) |
|
Filing 18
ORDER granting #17 Joint Stipulation for a Seven Day Extension to File Reply Brief. Signed by Judge James Donato on 7/7/2021. (jdlc1S, COURT STAFF) (Filed on 7/7/2021)
|
|
Motions terminated: #5 STIPULATION WITH PROPOSED ORDER filed by AT&T Services, Inc., Fidelity Workplace Services LLC. Signed by Judge James Donato on 7/7/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/7/2021)
|
| Filing 17 STIPULATION WITH PROPOSED ORDER Joint Stipulation for a Seven Day Extension to File Reply Brief filed by AT&T Services, Inc.. (Attachments: #1 Proposed Order Regarding Joint Stipulation for Seven Day Extension to File Reply Brief)(Gardiner, Katherine) (Filed on 7/6/2021) Modified on 7/7/2021 (mclS, COURT STAFF). |
| Filing 16 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss , #12 MOTION to Dismiss ) DEFENDANTS' JOINT 12(b)(6) Motions filed byTimothy Smith, Jr. (Varlack, Tiega) (Filed on 6/29/2021) |
|
Filing 15
ORDER by Judge James Donato granting #14 Motion for Pro Hac Vice as to Alison Lungstrum Macneill. (lrcS, COURT STAFF) (Filed on 6/16/2021)
|
| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16079411.) filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Exhibit Certificate of Good Standing for Alison Macneill)(Lungstrum Macneill, Alison) (Filed on 6/15/2021) |
| Filing 13 MOTION to Dismiss filed by Fidelity Workplace Services LLC. Motion Hearing set for 8/19/2021 10:00 AM before Judge James Donato. Responses due by 6/29/2021. Replies due by 7/6/2021. (Attachments: #1 Proposed Order)(Gardiner, Katherine) (Filed on 6/15/2021) |
| Filing 12 MOTION to Dismiss filed by AT&T Services, Inc.. Motion Hearing set for 8/19/2021 10:00 AM before Judge James Donato. Responses due by 6/29/2021. Replies due by 7/6/2021. (Attachments: #1 Proposed Order)(Gardiner, Katherine) (Filed on 6/15/2021) |
|
Filing 11
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 8/26/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 8/19/2021. Signed by Judge James Donato on 6/3/2021. (lrcS, COURT STAFF) (Filed on 6/3/2021)
|
| Filing 10 NOTICE by Fidelity Workplace Services LLC of Notice to Plaintiff and State Court of Filing Notice of Removal (Gardiner, Katherine) (Filed on 6/2/2021) |
| Filing 9 NOTICE by AT&T Services, Inc. of Notice to Plaintiff and State Court of Filing Notice of Removal (Gardiner, Katherine) (Filed on 6/2/2021) |
|
Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Joseph C. Spero 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 Clerk on 06/02/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 6/2/2021)
|
| 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. (klhS, COURT STAFF) (Filed on 6/1/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Timothy Smith, Jr.. (Varlack, Tiega) (Filed on 5/29/2021) |
| Filing 5 STIPULATION WITH PROPOSED ORDER filed by AT&T Services, Inc., Fidelity Workplace Services LLC. (Attachments: #1 Proposed Order Proposed Order for Joint Stipulation)(Gardiner, Katherine) (Filed on 5/28/2021) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AT&T Services, Inc., Fidelity Workplace Services LLC.. (Gardiner, Katherine) (Filed on 5/28/2021) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/20/2021. Initial Case Management Conference set for 8/27/2021 02:00 PM. (mclS, COURT STAFF) (Filed on 5/26/2021) |
| Filing 2 Case assigned to Magistrate Judge Joseph C. Spero. 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 6/8/2021. (jmlS, COURT STAFF) (Filed on 5/25/2021) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is HG21092143. (Filing fee $402 receipt number 0971-16008620). Filed byFidelity Workplace Services LLC, AT&T Services, Inc. (Attachments: #1 copy of Complaint attached - DECLARATION OF KATHERINE P. GARDINER IN SUPPORT OF NOTICE OF REMOVAL BY DEFENDANTS, #2 Civil Cover Sheet)(Gardiner, Katherine) (Filed on 5/25/2021) Modified on 5/26/2021 (mclS, COURT STAFF). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
