Tolosa v. Kensington Redwood City LLC et al
Plaintiff: Emily Tolosa
Defendant: Kensington Redwood City LLC and Kensington Senior Living, LLC
Case Number: 3:2021cv05564
Filed: July 20, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Maxine M Chesney
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2021 Opinion or Order Filing 22 Remark - receipt of acknowledgment (cv, COURT STAFF) (Filed on 11/15/2021)
November 3, 2021 Opinion or Order Filing 21 Remark Pursuant to an order remanding case to your court, transmitted are: Certified original and one copy of this letter, Certified copy of docket entries, Certified copy of Remand Order (cv, COURT STAFF) (Filed on 11/3/2021)
November 3, 2021 Opinion or Order Filing 20 ORDER GRANTING PLAINTIFF'S MOTION TO REMAND; VACATING HEARING.. Signed by Judge Maxine M. Chesney on November 3, 2021.(mmclc1, COURT STAFF) (Filed on 11/3/2021)
October 26, 2021 Opinion or Order Filing 19 CLERK'S NOTICE CONVERTING NOVEMBER 5, 2021 MOTION HEARING TO A ZOOM WEBINAR. As to #11 MOTION to Remand .,. Motion Hearing set for 11/5/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. 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/ mmc 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 11/5/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.), (tl, COURT STAFF) (Filed on 10/26/2021)
October 15, 2021 Opinion or Order Filing 18 OBJECTIONS to re #16 Supplemental Brief, by Emily Tolosa. (Garcia, Eduardo) (Filed on 10/15/2021)
October 15, 2021 Opinion or Order Filing 17 Supplemental Brief re #11 MOTION to Remand filed byEmily Tolosa. (Related document(s) #11 ) (Garcia, Eduardo) (Filed on 10/15/2021)
October 1, 2021 Opinion or Order Filing 16 Supplemental Brief re #11 MOTION to Remand in Opposition to Plaintiff's Motion to Remand Action to State Court filed byKensington Senior Living, LLC. (Attachments: #1 Declaration of Brian Hilton in Support of Defendant Kensington Senior Living, LLC's Supplemental Brief in Opposition to Plaintiff's Motion to Remand)(Related document(s) #11 ) (Aparicio, Josue) (Filed on 10/1/2021)
September 21, 2021 Opinion or Order Filing 15 ORDER AFFORDING PARTIES LEAVE TO FILE SUPPLEMENTAL BRIEFS; CONTINUING HEARING ON DEFENDANT KSL'S MOTION TO REMAND; CONTINUING CASE MANAGEMENT CONFERENCE. No later than October 1, 2021, KSL shall file any supplemental brief, not to exceed five pages in length, exclusive of exhibits. No later than October 15, 2021, Tolosa shall file any supplemental responsive brief, not to exceed five pages in length, exclusive of exhibits. The hearing on Tolosa's motion to remand is continued to November 5, 2021, at 9:00 a.m. The Case Management Conference is continued from October 22, 2021, to December 10, 2021, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later than December 3, 2021. Signed by Judge Maxine M. Chesney on September 21, 2021. (mmclc1, COURT STAFF) (Filed on 9/21/2021)
September 21, 2021 Opinion or Order Set/Reset Deadlines as to #11 MOTION to Remand , #15 Order,,,., Set/Reset Deadlines:, Set/Reset Hearing re #15 Order,,, Motion Hearing reset to 11/5/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 12/3/2021. Initial Case Management Conference reset to 12/10/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 9/21/2021)
September 8, 2021 Opinion or Order Filing 14 OBJECTIONS to re #12 Opposition/Response to Motion,,, by Emily Tolosa. (Zakay, Shani) (Filed on 9/8/2021)
September 8, 2021 Opinion or Order Filing 13 REPLY (re #11 MOTION to Remand ) filed byEmily Tolosa. (Attachments: #1 Declaration of Shani O. Zakay, Esq.)(Zakay, Shani) (Filed on 9/8/2021)
September 2, 2021 Opinion or Order Filing 12 OPPOSITION/RESPONSE (re #11 MOTION to Remand ) filed byKensington Senior Living, LLC. (Attachments: #1 Declaration of Josue R. Aparicio in Support of Defendant Kensington Senior Living, LLC's Opposition to Plaintiff's Motion to Remand Action to State Court, #2 Declaration of Brian Hilton in Support of Defendant Kensington Senior Living, LLC's Opposition to Plaintiff's Motion to Remand Action to State Court, #3 Request for Judicial Notice in Support of Defendant Kensington Senior Living, LLCs Opposition to Plaintiff's Motion to Remand Action to State Court, #4 Defendant Kensington Senior Living, LLC's Response and Opposition to Plaintiff's Evidentiary Objections, #5 Proposed Order Denying Plaintiff's Motion to Remand Action to State Court)(Aparicio, Josue) (Filed on 9/2/2021)
August 19, 2021 Opinion or Order Filing 11 MOTION to Remand filed by Emily Tolosa. Motion Hearing set for 9/24/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 9/2/2021. Replies due by 9/9/2021. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Eduardo Garcia, Esq., #3 Objection to Evidence, #4 Proposed Order)(Garcia, Eduardo) (Filed on 8/19/2021)
August 6, 2021 Opinion or Order Filing 10 ORDER DIRECTING DEFENDANT KSL TO SUBMIT CHAMBERS COPIES. Signed by Judge Maxine M. Chesney on August 6, 2021. (mmclc1, COURT STAFF) (Filed on 8/6/2021)
August 5, 2021 Opinion or Order Filing 9 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/22/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 10/15/2021.. Signed by Judge Maxine M. Chesney on 8/5/2021. (tlS, COURT STAFF) (Filed on 8/5/2021)
August 4, 2021 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 Maxine M. Chesney 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 8/4/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 8/4/2021)
August 3, 2021 Opinion or Order 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 8/3/2021)
August 3, 2021 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kensington Senior Living, LLC.. (Aparicio, Josue) (Filed on 8/3/2021)
July 27, 2021 Opinion or Order Filing 5 NOTICE by Kensington Senior Living, LLC re #1 Notice of Removal,, Certificate of Filing and Service of Notice to State Court and Adverse Party of Removal to Federal Court (Aparicio, Josue) (Filed on 7/27/2021)
July 27, 2021 Opinion or Order Filing 4 Certificate of Interested Entities by Kensington Senior Living, LLC (Aparicio, Josue) (Filed on 7/27/2021)
July 21, 2021 Opinion or Order 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 10/15/20 21. Initial Case Management Conference set for 10/22/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (elyS, COURT STAFF) (Filed on 7/21/2021)
July 20, 2021 Opinion or Order 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 8/3/2021. (bwS, COURT STAFF) (Filed on 7/20/2021)
July 20, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is 21-CIV-03030. (Filing fee $402 receipt number 0971-16198538). Filed byKensington Senior Living, LLC. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B(1) - Notice of Assignment and Case Management and Trial Setting Conference, #3 Exhibit Exhibit B(2) - Civil Case Cover Sheet, #4 Exhibit Exhibit B(3) - Proof of Service of Summons and Declaration of Mailing, #5 Exhibit Exhibit B(4) - Case Management Order No. 1, #6 Exhibit Exhibit C - Answer, #7 Exhibit Exhibit D - Declaration of Brian Hilton, #8 Proof of Service, #9 Civil Cover Sheet)(Aparicio, Josue) (Filed on 7/20/2021)

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Plaintiff: Emily Tolosa
Represented By: Shani O. Zakay
Represented By: Eduardo Garcia
Represented By: Jean-Claude Lapuyade
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Defendant: Kensington Redwood City LLC
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Defendant: Kensington Senior Living, LLC
Represented By: Josue R Aparicio
Represented By: Sandra Lynn Rappaport
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