Giles v. Canus Corporation et al
| Martinez Andre Giles |
| Canus Corporation and PG&E Corporation |
| 3:2022cv03098 |
| May 26, 2022 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Sallie Kim |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 50
ORDER APPROVING JOINT STIPULATED MOTION TO DISMISS ACTION PURSUSANT TO F.R.C.P. 41(a)(1)(A)(ii). Signed by Judge Maxine M. Chesney on 11/8/2022. (mmclc2, COURT STAFF) (Filed on 11/8/2022)
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| Filing 49 STIPULATION WITH PROPOSED ORDER to Dismiss Action Pursuant to F.R.C.P. 41(a)(1)(A)(ii) filed by Martinez Andre Giles. (Puche, Sergio) (Filed on 11/7/2022) |
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Filing 48
ORDER APPROVING JOINT STIPULATION FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT IN RELATED CASE. Signed by Judge Maxine M. Chesney on 10/12/2022. (mmclc2, COURT STAFF) (Filed on 10/12/2022)
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| Filing 47 STIPULATION WITH PROPOSED ORDER FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT IN RELATED CASE filed by Martinez Andre Giles. (Puche, Sergio) (Filed on 10/10/2022) |
| Filing 46 Statement of Non-Opposition re #45 MOTION for Judgment on the Pleadings and Dismissal of Plaintiff's First Amended Complaint Defendant PG&E Corporation's Statement of Non-Opposition to Defendant Canus Corporation's Motion for Judgment on the Pleadings/Motion to Dismiss Plaintiff's First Amended Complaint [RE DKT. 45] filed byPG&E Corporation. (Related document(s) #45 ) (Kienitz, Joshua) (Filed on 9/28/2022) |
| Filing 45 MOTION for Judgment on the Pleadings and Dismissal of Plaintiff's First Amended Complaint filed by Canus Corporation. Motion Hearing set for 11/4/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/11/2022. Replies due by 10/18/2022. (Attachments: #1 Mem of Points and Authorities in support of MJOP and Dismissal of First Amended Complaint, #2 Proposed Order Re Defendant's MJOP and Dismissal of Plaintiff's First Amended Complaint)(Korgan, Alison) (Filed on 9/27/2022) |
| Filing 44 AMENDED COMPLAINT FIRST AMENDED REPRESENTATIVE ACTION COMPLAINT against All Defendants. Filed byMartinez Andre Giles. (Attachments: #1 PROOF OF SERVICE)(Puche, Sergio) (Filed on 9/13/2022) |
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Filing 43
ORDER DENYING PLAINTIFF'S MOTIONS TO REMAND; GRANTING DEFENDANT'S MOTIONS FOR JUDGMENT ON THE PLEADINGS; AFFORDING PLAINTIFF LEAVE TO AMEND; DIRECTING DEFENDANT TO RE-SUBMIT COURTESY COPIES OF NOTICE OF REMOVAL IN SINGLE-SIDED FORMAT. Plaintiff's motions to remand are denied. Defendant Canus Corporation's motions for judgment on the pleadings are granted, and plaintiff's minimum wage, overtime, and meal period claims, as well as his wage statement, waiting time, wrongful termination, and UCL claims to the extent said claims are derivative of the minimum wage, overtime, and meal period claims, are dismissed. Plaintiff shall file any amended pleading no later than September 13, 2022. Defendant Canus Corporation is directed to re-submit in single-sided format, no later than August 19, 2022, courtesy copies of his Notice of Removal, as well as the declarations and exhibits filed in support thereof. Signed by Judge Maxine M. Chesney on August 16, 2022. (mmclc2, COURT STAFF) (Filed on 8/16/2022)
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Filing 42
ORDER APPROVING JOINT STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES. The Initial Case Management Conference is continued from August 26, 2022, to December 2, 2022, at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than November 23, 2022. The Rule 26(f) conference shall be held no later than 21 days before the continued Initial Case Management Conference. Signed by Judge Maxine M. Chesney on August 16, 2022. (mmclc2, COURT STAFF) (Filed on 8/16/2022)
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| Filing 41 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference and Related Dates filed by Martinez Andre Giles. (Puche, Sergio) (Filed on 8/16/2022) |
| Set/Reset Deadlines:, Set/Reset Hearing re (36 in 3:22-cv-03097-MMC, 36 in 3:22-cv-03097-MMC) Order,,, Terminate Motions,, (42 in 3:22-cv-03098-MMC, 42 in 3:22-cv-03098-MMC) Order,,, Terminate Motions,, Joint Case Management Statement due by 11/23/2022. Initial Case Management Conference reset to 12/2/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 8/16/2022) |
| Filing 40 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Korgan, Alison) (Filed on 8/15/2022) |
| Filing 39 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kienitz, Joshua) (Filed on 8/11/2022) |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Herman, Jeffrey) (Filed on 8/11/2022) |
| Filing 37 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 8/11/2022) |
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Filing 36
ORDER VACATING HEARING ON DEFENDANT CANUS CORPORATION'S MOTION FOR JUDGMENT ON THE PLEADINGS AND PLAINTIFF'S MOTION TO REMAND. The hearing scheduled for July 29, 2022, is vacated. Signed by Judge Maxine M. Chesney on July 25, 2022. (mmclc2, COURT STAFF) (Filed on 7/25/2022)
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| Filing 35 REPLY (re #27 MOTION to Remand Case to State Court ) filed byMartinez Andre Giles. (Attachments: #1 Request for Judicial Notice in Support of Plaintiff's Motion to Remand Case to State Court, #2 Certificate/Proof of Service)(Puche, Sergio) (Filed on 7/14/2022) |
| Filing 34 REPLY (re #26 MOTION for Judgment on the Pleadings ) filed byCanus Corporation. (Korgan, Alison) (Filed on 7/14/2022) |
| Filing 33 OPPOSITION/RESPONSE (re #26 MOTION for Judgment on the Pleadings ) Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed byMartinez Andre Giles. (Attachments: #1 Plaintiff's Request for Judicial Notice in Opposition of Defendant's Motion for Judgment on the Pleadings)(Herman, Jeffrey) (Filed on 7/7/2022) |
| Filing 32 CLERK'S NOTICE CONVERTING THE AUGUST 26, 2022 AT 10:30 AM - INITIAL CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Initial Case Management Conference set for 8/26/2022 at 10:30 AM in San Francisco, - 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/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/. Initial Case Management Conference set for 8/26/2022 at 10:30 AM in San Fran cisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 7/7/2022) |
| Filing 31 OPPOSITION/RESPONSE (re #27 MOTION to Remand Case to State Court ) filed byCanus Corporation. (Korgan, Alison) (Filed on 7/7/2022) |
| Filing 30 OPPOSITION/RESPONSE (re #27 MOTION to Remand Case to State Court ) filed byPG&E Corporation. (Cosmopulos, William) (Filed on 7/6/2022) |
| Filing 29 Statement of Non-Opposition to Defendant Canus Corporation's Motion for Judgment on the Pleadings filed byPG&E Corporation. (Cosmopulos, William) (Filed on 7/1/2022) |
| Filing 28 CLERK'S NOTICE CONVERTING THE JULY 29, 2022 AT 9:00 AM HEARING(S) ON MOTIONS TO A ZOOM WEBINAR. As to (26 in 3:22-cv-03098-MMC) MOTION for Judgment on the Pleadings , (27 in 3:22-cv-03098-MMC) MOTION to Remand Case to State Court, (20 in 3:22-cv-03097-MMC) MOTION for Judgment on the Pleadings , (21 in 3:22-cv-03097-MMC) MOTION to Remand Case to State Court. Motion Hearing set for 7/29/2022 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 7/29/ 2022 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 6/27/2022) |
| Filing 27 MOTION to Remand Case to State Court filed by Martinez Andre Giles. Motion Hearing set for 7/29/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 7/7/2022. Replies due by 7/14/2022. (Attachments: #1 Plaintiff's Memorandum of Points and Authorities In Support of Motion to Remand Case to State Court, #2 Proposed Order Granting Plaintiff's Motion to Remand Case to State Court)(Puche, Sergio) (Filed on 6/23/2022) |
| Filing 26 MOTION for Judgment on the Pleadings filed by Canus Corporation. Motion Hearing set for 7/29/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 7/7/2022. Replies due by 7/14/2022. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MJOP, #2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MJOP, #3 Declaration DECLARATION OF GREG RICKS IN SUPPORT OF MJOP, #4 Exhibit EXHIBIT A TO DECLARATION OF GREG RICKS, #5 Proposed Order RE DEFENDANT'S MJOP)(Korgan, Alison) (Filed on 6/23/2022) |
| Filing 25 NOTICE of Appearance by Alison A. Korgan By Jeffrey Ranen (Korgan, Alison) (Filed on 6/9/2022) |
| Filing 24 NOTICE of Appearance by Alison A. Korgan By Anthony Oceguera (Korgan, Alison) (Filed on 6/9/2022) |
| Filing 23 CERTIFICATE OF SERVICE by Martinez Andre Giles re #22 Case Management Scheduling Order, (Herman, Jeffrey) (Filed on 6/8/2022) |
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Filing 22
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 8/26/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 8/19/2022.. Signed by Judge Maxine M. Chesney on 6/8/2022. (tl, COURT STAFF) (Filed on 6/8/2022)
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| Filing 21 Case Reassigned to Judge Maxine M. Chesney. Judge William H. Orrick no longer assigned to the 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. (jlg, COURT STAFF) (Filed on 6/8/2022) |
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Filing 20
RELATED CASE ORDER. Signed by Judge Maxine M. Chesney on June 7, 2022. (mmclc2, COURT STAFF) (Filed on 6/7/2022)
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Judge Jacqueline Scott Corley 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 06/06/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 6/6/2022)
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Filing 18
ORDER OF RECUSAL. Signed by Judge Jacqueline Scott Corley on 6/6/2022. (ahm, COURT STAFF) (Filed on 6/6/2022)
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| Filing 17 ANSWER to Complaint (Notice of Removal) byCanus Corporation. (Korgan, Alison) (Filed on 6/2/2022) |
| Filing 16 NOTICE of Appearance of William A. Cosmopulos as Counsel for Defendant PG&E Corporation (Kienitz, Joshua) (Filed on 6/2/2022) Modified on 6/3/2022 (msr, COURT STAFF). |
| Filing 15 NOTICE of Appearance of Joshua D. Kienitz as Counsel for Defendant PG&E Corporation (Kienitz, Joshua) (Filed on 6/2/2022) Modified on 6/3/2022 (msr, COURT STAFF). |
| Filing 14 NOTICE by Canus Corporation OF RELATED CASES (Korgan, Alison) (Filed on 6/2/2022) |
| Filing 13 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 8/25/2022. Initial Case Management Conference reset for 9/1/2022 at 1:30 p.m. before Judge Jacqueline Scott Corley 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/jsc Court Appearances: Advan ced 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 8/31/2022.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/. (ahm, COURT STAFF) (Filed on 6/1/202 2) |
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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 Jacqueline Scott Corley 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 06/01/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 6/1/2022)
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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. (mkl, COURT STAFF) (Filed on 6/1/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Martinez Andre Giles.. (Puche, Sergio) (Filed on 6/1/2022) |
| Filing 9 NOTICE by PG&E Corporation re #1 Notice of Removal, Defendant PG&E Corporation's Notice of Consent to Canus Corporations Removal of PAGA Action to Federal Court (Florio Roberts, Olivia) (Filed on 5/31/2022) |
| Filing 8 CERTIFICATE OF SERVICE by Canus Corporation re #1 Notice of Removal, (Korgan, Alison) (Filed on 5/31/2022) Modified on 5/31/2022 (msr, COURT STAFF). |
| Filing 7 NOTICE of Appearance by Sergio Julian Puche (Puche, Sergio) (Filed on 5/27/2022) |
| Filing 6 NOTICE of Appearance by Jeffrey Scott Herman (Herman, Jeffrey) (Filed on 5/27/2022) |
| Filing 5 NOTICE of Appearance by Aparajit Bhowmik (Bhowmik, Aparajit) (Filed on 5/27/2022) |
| Filing 4 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 8/22/202 2. Initial Case Management Conference set for 8/29/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (msr, COURT STAFF) (Filed on 5/27/2022) |
| 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/9/2022. (mbc, COURT STAFF) (Filed on 5/26/2022) |
| Filing 2 Certificate of Interested Entities by Canus Corporation identifying Other Affiliate Gregory Ricks, Other Affiliate Courtney Mancuso, Other Affiliate Ricks Family Trust for Canus Corporation. re #1 Notice of Removal, (Korgan, Alison) (Filed on 5/26/2022) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Contra Costa. Their case number is C22-00368. (Filing fee $402 receipt number ACANDC-17213556). Filed byCanus Corporation. (Attachments: #1 Declaration of Anthony C. Oceguera, #2 Exhibit A to Declaration of Anthony C. Oceguera, #3 Declaration of Greg Ricks, #4 Exhibit B to Declaration of Greg Ricks, #5 Civil Cover Sheet)(Korgan, Alison) (Filed on 5/26/2022) |
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