Binesh v. United States Postal Service
Plaintiff: Faz Binesh
Defendant: United States Postal Service
Case Number: 3:2022cv01138
Filed: February 24, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Referring Judge: Donna M Ryu
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1442 Petition for Removal
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2022 Filing 19 Renotice motion hearing re #7 MOTION to Dismiss for Lack of Jurisdiction filed byUnited States Postal Service. (Related document(s) #7 ) (Jeu, Christopher) (Filed on 4/21/2022)
April 7, 2022 Filing 18 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 5/18/2022. Initial Case Management Conference set for 5/25/2022, 01:00 PM, via 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/vc Court Appearances: Advanced notice is required of counsel 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 vccrd@cand.uscourts.gov no later than Thursday, May 19, 2022, by 10:00 a.m.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 4/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 4, 2022 Filing 17 RESPONSE re #16 Letter Requesting Remand by United States Postal Service. (Jeu, Christopher) (Filed on 4/4/2022)
March 22, 2022 Filing 16 Letter Requesting information regarding remand from Faz Binesh. (Attachments: #1 Envelope)(cjl, COURT STAFF) (Filed on 3/22/2022)
March 22, 2022 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu 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 March 22, 2022. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 3/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 21, 2022 Filing 14 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. (ig, COURT STAFF) (Filed on 3/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (ig, COURT STAFF). Modified on 3/21/2022 (ig, COURT STAFF).
March 16, 2022 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Faz Binesh.. (Attachments: #1 Envelope)(hdj, COURT STAFF) (Filed on 3/16/2022)
March 16, 2022 Filing 12 SECOND CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 3/23/2022. (ig, COURT STAFF) (Filed on 3/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 16, 2022 Filing 11 PLEASE DISREGARD DOCKET ENTRY #11 , DEADLINE FOR PLAINTIFF'S CONSENT/DECLINATION WAS INCORRECT. SEE DOCKET ENTRY #12 INSTEAD. SECOND CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 3/30/2022. (ig, COURT STAFF) (Filed on 3/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 3/16/2022 (ig, COURT STAFF).
March 8, 2022 Filing 10 ADMINISTRATIVE MOTION to Supplement Record re #7 MOTION to Dismiss for Lack of Jurisdiction filed by United States Postal Service. Responses due by 3/14/2022. (Attachments: #1 Declaration, #2 Proposed Order)(Jeu, Christopher) (Filed on 3/8/2022)
March 7, 2022 Filing 9 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 3/14/2022. (ig, COURT STAFF) (Filed on 3/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 3, 2022 Filing 8 Declaration of C. Jeu in Support of #7 MOTION to Dismiss for Lack of Jurisdiction filed byUnited States Postal Service. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #7 ) (Jeu, Christopher) (Filed on 3/3/2022)
March 3, 2022 Filing 7 MOTION to Dismiss for Lack of Jurisdiction filed by United States Postal Service. Motion Hearing set for 4/14/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 3/17/2022. Replies due by 3/24/2022. (Attachments: #1 Proposed Order)(Jeu, Christopher) (Filed on 3/3/2022)
March 3, 2022 Filing 6 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 3/17/2022. (ig, COURT STAFF) (Filed on 3/3/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 3, 2022 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Postal Service.. (Jeu, Christopher) (Filed on 3/3/2022)
February 24, 2022 Filing 4 CERTIFICATE OF SERVICE by United States Postal Service re #1 Notice of Removal, (Jeu, Christopher) (Filed on 2/24/2022)
February 24, 2022 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/25/2022. Initial Case Management Conference set for 6/1/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (far, COURT STAFF) (Filed on 2/24/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
February 24, 2022 Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/10/2022. (jlg, COURT STAFF) (Filed on 2/24/2022)
February 24, 2022 Filing 1 NOTICE OF REMOVAL from Superior Court of CA, Co of Alameda, Small Claims. Their case number is 21SC003296. (Filing fee: Exempt). Filed by United States Postal Service. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Jeu, Christopher) (Filed on 2/24/2022) Modified on 3/18/2022 (jlg, COURT STAFF).
February 24, 2022 #***CLERICAL ERROR - PLEASE DISREGARD***Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701]This filing will not be processed by the clerks office. Re: #1 Notice of Removal, filed by United States Postal Service. (jlg, COURT STAFF) (Filed on 2/24/2022) Modified on 2/24/2022 (jlg, COURT STAFF).

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Plaintiff: Faz Binesh
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Defendant: United States Postal Service
Represented By: Christopher Frederick Jeu
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