Briggs v. International Business Machines Corporation (IBM)
| Mark Briggs |
| International Business Machines Corporation (IBM) |
| 3:2021cv06645 |
| August 27, 2021 |
| US District Court for the Northern District of California |
| James Donato |
| Sallie Kim |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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Filing 31
ORDER. Plaintiffs' motion to consolidate cases is suitable for decision without argument pursuant to Civil Local Rule 7-1(b), and the hearing set for December 16, 2021, is vacated. The motion is granted, and the cases will be consolidated into the lowest-numbered case, Comin v. IBM, No. 19-cv-7261. The Briggs case will be closed. Plaintiffs are directed to file a consolidated complaint by December 16, 2021. In light of the consolidated complaint, IBM's partial motion to dismiss in the Briggs action, Dkt. No. 29, is terminated without prejudice. IBM may file a motion to dismiss the consolidated complaint. Signed by Judge James Donato on 12/3/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 12/3/2021)
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| Filing 30 REPLY (re #24 MOTION to Consolidate Cases ) filed byMark Briggs. (Straus, Alex) (Filed on 11/30/2021) |
| Filing 29 MOTION to Dismiss Partial Motion To Dismiss Plaintiff Mark Briggss Amended Class Action Complaint filed by International Business Machines Corporation (IBM). Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/7/2021. Replies due by 12/14/2021. (Attachments: #1 Proposed Order)(Ritchey, Cindi) (Filed on 11/23/2021) |
| Filing 28 OPPOSITION/RESPONSE (re #24 MOTION to Consolidate Cases ) filed by International Business Machines Corporation (IBM). (Ritchey, Cindi) (Filed on 11/23/2021) Modified on 11/24/2021 (kmg, COURT STAFF). |
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Filing 27
ORDER. In light of the amended complaint, Dkt. No. #23 , the motion to dismiss is terminated without prejudice. The hearing set for November 18, 2021, is vacated. Signed by Judge James Donato on 11/10/21. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 11/10/2021)
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| Filing 26 NOTICE of Appearance by Aaron L. Agenbroad (Agenbroad, Aaron) (Filed on 11/10/2021) |
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Filing 25
ORDER by Judge James Donato granting #22 Motion for Pro Hac Vice as to Justin Barnes. (lrc, COURT STAFF) (Filed on 11/10/2021)
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| Filing 24 MOTION to Consolidate Cases filed by Mark Briggs. Motion Hearing set for 12/16/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/23/2021. Replies due by 11/30/2021. (Attachments: #1 Exhibit A - Comin Amended Complaint (DE 23), #2 Exhibit B - Briggs Amended Complaint, #3 Exhibit C - Consolidated Class Action Complaint, #4 Proposed Order)(Straus, Alex) (Filed on 11/9/2021) |
| Filing 23 AMENDED COMPLAINT against International Business Machines Corporation (IBM). Filed byMark Briggs. (Attachments: #1 Exhibit A - PAGA Notice Letter)(Straus, Alex) (Filed on 11/9/2021) |
| Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16479608.) Filing fee previously paid on 10/8/2021 filed by International Business Machines Corporation (IBM). (Barnes, Justin) (Filed on 11/4/2021) |
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Filing 21
ORDER. At the parties' joint request, Dkt. No. #19 , the deadline for plaintiff's opposition to the motion to dismiss is November 9, 2021. Signed by Judge James Donato on 10/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 10/26/2021)
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Filing 20
ORDER by Judge James Donato denying #13 Motion for Pro Hac Vice as to Justin Barnes. (lrc, COURT STAFF) (Filed on 10/26/2021)
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| Filing 19 STIPULATION WITH PROPOSED ORDER re #15 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Mark Briggs. (Attachments: #1 Declaration of Alex R. Straus, #2 Proposed Order)(Straus, Alex) (Filed on 10/22/2021) |
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Filing 18
ORDER by Judge James Donato granting #17 Motion for Pro Hac Vice as to Kelli Church. (lrcS, COURT STAFF) (Filed on 10/18/2021)
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| Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16501015.) filed by International Business Machines Corporation (IBM). (Church, Kelli) (Filed on 10/15/2021) |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned to Judge James Donato for all further proceedings. Judge Yvonne Gonzalez Rogers 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 10/13/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 10/13/2021)
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| Filing 15 MOTION to Dismiss Plaintiff's Class Action Complaint filed by International Business Machines Corporation (IBM). Motion Hearing set for 11/18/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/26/2021. Replies due by 11/2/2021. (Attachments: #1 Supplement Request for Judicial Notice, #2 Proposed Order)(Ritchey, Cindi) (Filed on 10/12/2021) |
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Filing 14
ORDER RELATING CASE.. Signed by Judge James Donato on 10/7/2021. (lrcS, COURT STAFF) (Filed on 10/12/2021)
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| Filing 13 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16479608.) filed by International Business Machines Corporation (IBM). (Barnes, Justin) (Filed on 10/8/2021) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Sallie Kim 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 9/30/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 9/30/2021)
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| Filing 11 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 9/29/2021) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by International Business Machines Corporation (IBM).. (Attachments: #1 Certificate/Proof of Service)(Ritchey, Cindi) (Filed on 9/29/2021) |
| Filing 9 NOTICE by Mark Briggs Notice of Firm Name and Email Address Change (Sigmon, Mark) (Filed on 9/17/2021) |
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Filing 8
ORDER by Judge Sallie Kim granting #6 Stipulation. (sklc1S, COURT STAFF) (Filed on 9/16/2021)
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| Filing 7 Certificate of Interested Entities by International Business Machines Corporation (IBM) (Ritchey, Cindi) (Filed on 9/16/2021) |
| Filing 6 STIPULATION WITH PROPOSED ORDER re #1 Complaint,,, filed by International Business Machines Corporation (IBM). (Attachments: #1 Declaration of Cindi L. Ritchey, #2 Proposed Order)(Ritchey, Cindi) (Filed on 9/16/2021) |
| 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 11/22/20 21. Initial Case Management Conference set for 11/29/2021 01:30 PM in San Francisco, - Videoconference Only. (arkS, COURT STAFF) (Filed on 8/30/2021) |
| Filing 4 Summons Issued as to International Business Machines Corporation (IBM). (arkS, COURT STAFF) (Filed on 8/30/2021) |
| Filing 3 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 9/10/2021. (asS, COURT STAFF) (Filed on 8/27/2021) |
| Filing 2 Proposed Summons. (Straus, Alex) (Filed on 8/27/2021) |
| Filing 1 COMPLAINT against International Business Machines Corporation (IBM) ( Filing fee $ 402, receipt number 0971-16329531.). Filed byMark Briggs. (Attachments: #1 Exhibit A - Choplin Martinotti Depo., #2 Exhibit B - Choplin Betthany Depo., #3 Exhibit C - Choplin Maleki Depo., #4 Exhibit D - Choplin Dorsey Depo., #5 Exhibit E - Moorer Email, #6 Exhibit F - Batthany Email, #7 Exhibit G - Stephenson Martinotti 30b6, #8 Exhibit H - Stephenson Blackwell, #9 Exhibit I - Stephenson Clarke depo, #10 Exhibit J - Stephenson Moorer depo, #11 Exhibit K - Swafford Martinotti 30b6, #12 Exhibit L - Swafford depo briggs, #13 Exhibit M - Swafford Wirtenson Depo, #14 Exhibit N - Swafford Leeke depo, #15 Civil Cover Sheet)(Straus, Alex) (Filed on 8/27/2021) |
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