Callahan et al v. Paychex North America Inc.
| Stanley Callahan and Faisal Gailani |
| Paychex North America Inc. |
| 3:2021cv05670 |
| July 23, 2021 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Thomas S Hixson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 NOTICE by Paychex North America Inc. Notice of Dismissal (Jang, Scott) (Filed on 3/10/2023) |
| Filing 33 NOTICE of Change In Counsel by Nolan Shields McCready (Withdrawal of Nolan S. McCready) (McCready, Nolan) (Filed on 1/3/2023) |
Filing 32
ORDER by Judge Charles R. Breyer granting #26 Motion to Compel. (crblc2, COURT STAFF) (Filed on 10/20/2022)
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| Filing 31 CLERK'S NOTICE VACATING Motion to Compel Individual Arbitration and Dismiss Representative PAGA Action hearing set for October 21, 2022 before the Honorable Charles R. Breyer. The motion will be determined on the briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 10/19/2022) |
| Filing 30 CLERK'S NOTICE VACATING MOTION to Compel Individual Arbitration and Dismiss Representative PAGA Action hearing set for September 30, 2022 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 10/21/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. 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/crb Court Appearances: Advanced notice is required of coun sel 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 crbcrd@cand.uscourts.gov no later than October 18, 2022 at 3:00 PM PST.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 10/21/2022 10:00 AM in San Franc isco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 9/22/2022) |
| Set/Reset Deadlines as to #26 MOTION to Compel Individual Arbitration and Dismiss Representative PAGA Action. Motion Hearing set for 10/21/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 9/22/2022) |
| Filing 29 Request for Judicial Notice re #28 Reply to Opposition/Response filed byPaychex North America Inc.. (Related document(s) #28 ) (McCready, Nolan) (Filed on 9/16/2022) |
| Filing 28 REPLY (re #26 MOTION to Compel Individual Arbitration and Dismiss Representative PAGA Action ) filed byPaychex North America Inc.. (Attachments: #1 Declaration of Beth Moscarelli)(McCready, Nolan) (Filed on 9/16/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #26 MOTION to Compel Individual Arbitration and Dismiss Representative PAGA Action ) filed byStanley Callahan, Faisal Gailani. (Attachments: #1 Declaration of Julian Hammond, #2 Declaration of Stanley Callahan, #3 Declaration of Faisal Gailani, #4 Request For Judicial Notice, #5 Proposed Order)(Cherniak, Ari) (Filed on 8/31/2022) |
| Filing 26 MOTION to Compel Individual Arbitration and Dismiss Representative PAGA Action filed by Paychex North America Inc.. Motion Hearing set for 9/30/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 8/31/2022. Replies due by 9/16/2022. (Attachments: #1 Declaration of Sarah McHugh, #2 Declaration of Nolan S. McCready, #3 Proposed Order)(McCready, Nolan) (Filed on 8/8/2022) |
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Filing 25
STIPULATION AND ORDER FOR BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting #24 Stipulation. Opposition due by 8/31/2022. Motions due by 8/8/2022. Replies due by 9/16/2022. Motion Hearing set for 9/30/2022 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/15/2022)
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| Filing 24 STIPULATION WITH PROPOSED ORDER On Briefing Schedule filed by Stanley Callahan. (Cherniak, Ari) (Filed on 7/14/2022) |
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Filing 23
STIPULATION AND ORDER TO STAY CASE AND VACATE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES by Judge Charles R. Breyer: Granting #22 Stipulation. (ls, COURT STAFF) (Filed on 1/31/2022)
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| Filing 22 STIPULATION WITH PROPOSED ORDER to Stay Case and Vacate Case Management Conference and Related Deadlines re 21 Clerk's Notice filed by Paychex North America Inc.. (McCready, Nolan) (Filed on 1/28/2022) |
| Filing 21 CLERK'S NOTICE: A Joint Case Management Statement due by 2/25/2022. Case Management Conference set for 3/4/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 1/3/2022) |
| Filing 20 ANSWER TO re #19 PLAINTIFFS SECOND AMENDED CLASS AND REPRESENTATIVE ACTION COMPLAINT filed by Paychex North America Inc.. (McCready, Nolan) (Filed on 11/18/2021) |
| Filing 19 SECOND AMENDED REPRESENTATIVE ACTION COMPLAINT FOR CIVIL PENALTIES PURSUANT TO PRIVATE ATTORNEYS GENERAL ACT (CAL. LABOR CODE 2698 ET SEQ.) against Paychex North America Inc.. Filed by Stanley Callahan, Faisal Gailani. (Attachments: #1 Certificate/Proof of Service)(Cherniak, Ari) (Filed on 11/4/2021) |
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Filing 18
STIPULATION AND ORDER TO FILE A SECOND AMENDED COMPLAINT by Judge Charles R. Breyer: Granting #17 Stipulation. Counsel shall file the Second Amended Complaint as a separate filing. (ls, COURT STAFF) (Filed on 11/4/2021)
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| Filing 17 STIPULATION AND [PROPOSED] ORDER to File Second Amended Complaint filed by Stanley Callahan, Faisal Gailani. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cherniak, Ari) (Filed on 11/3/2021) |
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Filing 16
STIPULATION AND ORDER Vacating December 3, 2021 hearing by Judge Charles R. Breyer: Granting #15 Stipulation. (ls, COURT STAFF) (Filed on 10/26/2021)
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| Filing 15 STIPULATION AND [PROPOSED] ORDER to Vacate December 3, 2021 Hearing Date filed by Stanley Callahan, Faisal Gailani. (Cherniak, Ari) (Filed on 10/25/2021) |
| Filing 14 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE on November 12, 2021 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/18/2021) |
| Filing 13 MOTION to Compel Individual Arbitration and Stay Proceedings filed by Paychex North America Inc.. Motion Hearing set for 12/3/2021 10:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Charles R. Breyer. Responses due by 10/29/2021. Replies due by 11/5/2021. (Attachments: #1 Memorandum, #2 Declaration of Nolan S. McCready, #3 Declaration of Sarah McHugh, #4 Proposed Order)(McCready, Nolan) (Filed on 10/15/2021) |
| Filing 12 ANSWER to Complaint (Notice of Removal) to First Amended Class and Representative Action Complaint byPaychex North America Inc.. (McCready, Nolan) (Filed on 8/17/2021) |
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Filing 11
STIPULATION AND ORDER To Correct the Record by Judge Charles R. Breyer: Granting #10 Stipulation. (lsS, COURT STAFF) (Filed on 8/6/2021)
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| Filing 10 STIPULATION WITH PROPOSED ORDER To Correct the Record filed by Stanley Callahan. (Hammond, Julian) (Filed on 8/5/2021) |
| Filing 9 CLERK'S NOTICE: A Joint Case Management Statement due by 11/5/2021. Initial Case Management Conference set for 11/12/2021 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 7/27/2021) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Thomas S. Hixson 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 The Clerk on 7/27/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/27/2021)
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| 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. (rmm2S, COURT STAFF) (Filed on 7/27/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stanley Callahan.. (Hammond, Julian) (Filed on 7/27/2021) |
| 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 10/14/2021. Initial Case Management Conference set for 10/21/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 7/26/2021) |
| Answer to Removed Complaint (See Doc No. #1 -5) by Paychex North America Inc.. (gbaS, COURT STAFF) (Filed on 7/23/2021) |
| Filing 4 CERTIFICATE OF SERVICE by Paychex North America Inc. re #1 Notice of Removal, 3 Case Assigned by Intake,,, #2 Certificate of Interested Entities, (Jang, Scott) (Filed on 7/23/2021) |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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 8/6/2021. (mbcS, COURT STAFF) (Filed on 7/23/2021) |
| Filing 2 Certificate of Interested Entities by Paychex North America Inc. identifying Corporate Parent Paychex Holdings, LLC, Corporate Parent Paychex Inc. for Paychex North America Inc.. re #1 Notice of Removal, (Jang, Scott) (Filed on 7/23/2021) |
| Filing 1 NOTICE OF REMOVAL from County of Alameda Superior Court. Their case number is HG21102203. (Filing fee $402.00, receipt number 0971-16211082). Filed by Paychex North America Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration Martin Cannon, #3 Declaration Scott Jang, #4 Exhibit A - Complaint Service Packet, #5 Exhibit B - Answer to Class Complaint, #6 Exhibit C - First Amended Complaint, #7 Exhibit D - Rejection Letter) (Jang, Scott) (Filed on 7/23/2021) Modified on 7/26/2021 (gbaS, COURT STAFF). |
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