Gagetta et al v. Walmart, Inc.
| Susan Gagetta and Tracie Gomez |
| Walmart, Inc. |
| 3:2022cv03757 |
| June 24, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| William H Orrick |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 37 STIPULATION Regarding Response Deadline and Exchange of Initial Disclosures filed by Walmart, Inc.. (Kiser, Livia) (Filed on 12/20/2022) |
Filing 36
ORDERING GRANTING IN PART AND DENYING IN PART #25 MOTION TO DISMISS by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 12/19/2022)
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| Filing 34 TRANSCRIPT ORDER for proceedings held on 12/14/2022 before Judge William H. Orrick by Walmart, Inc., for Court Reporter Debra Pas. (Diamant, Samuel) (Filed on 12/15/2022) Modified on 12/15/2022: Added court reporter's name. (rjd, COURT STAFF). |
| Filing 35 Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference and Hearing re #25 MOTION to Dismiss. Case referred to Private ADR to be completed within 3 months of the pleadings being settled. Case Management Statement due by 6/6/2023. Case Management Conference set for 6/13/2023 02:00 PM via Videoconference. Total Time in Court: 16 minutes. Court Reporter: Debra Pas. Plaintiff Attorney: L. Timothy Fisher. Defendant Attorney: Liv Kiser and Samuel R. Diamant. (jmd, COURT STAFF) (Date Filed: 12/14/2022) |
| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 12/14/2022) |
| Filing 33 CLERKS NOTICE SETTING ZOOM HEARING - The Hearing on Motion to Dismiss and Case Management Conference set for 12/14/2022 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminde d 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.) (jmd, COURT STAFF) (Filed on 12/13/2022) |
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Filing 32
ORDER granting #31 STIPULATION to continue Hearing on #25 MOTION to Dismiss and Case Management Conference to 12/14/2022 02:00 PM via Videoconference. Signed by Judge William H. Orrick on 12/4/2022. (jmd, COURT STAFF) (Filed on 12/4/2022)
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| Filing 31 STIPULATION WITH PROPOSED ORDER Continuing Hearing on Defendant's Motion to Dismiss and the Case Management Conference filed by Susan Gagetta, Tracie Gomez. (Fisher, L.) (Filed on 12/2/2022) |
| Filing 30 CLERKS NOTICE RESETTING ZOOM HEARING Hearing on #25 Motion to Dismiss and Case Management Conference reset for 12/6/2022 02:00 PM. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoc onference 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.) (jmd, COURT STAFF) (Filed on 12/1/2022) |
| Filing 29 JOINT CASE MANAGEMENT STATEMENT filed by Susan Gagetta, Tracie Gomez. (Fisher, L.) (Filed on 11/30/2022) |
| Filing 28 REPLY (re #25 MOTION to Dismiss Plaintiffs' Complaint ) filed byWalmart, Inc.. (Kiser, Livia) (Filed on 11/9/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss Plaintiffs' Complaint ) filed bySusan Gagetta, Tracie Gomez. (Litteral, Sean) (Filed on 10/19/2022) |
| Filing 26 CLERKS NOTICE SETTING ZOOM HEARING - Case Management Conference reset for 12/7/2022 02:00 PM to coincide with the hearing on Motion to Dismiss. Case Management Statement due by 11/30/2022. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons grant ed 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.) i> (jmd, COURT STAFF) (Filed on 9/21/2022) |
| Filing 25 MOTION to Dismiss Plaintiffs' Complaint filed by Walmart, Inc.. Motion Hearing set for 12/7/2022 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 10/19/2022. Replies due by 11/9/2022. (Attachments: #1 Declaration of L. Kiser, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Kiser, Livia) (Filed on 9/19/2022) |
| Filing 24 Certificate of Interested Entities by Walmart, Inc. and Corporate Disclosure Statement (Kiser, Livia) (Filed on 9/19/2022) |
| Filing 23 NOTICE of Appearance by Samuel R. Diamant (Diamant, Samuel) (Filed on 9/19/2022) |
| Filing 22 NOTICE of Appearance by Ethan Price Davis (Davis, Ethan) (Filed on 9/19/2022) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kiser, Livia) (Filed on 9/15/2022) |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Litteral, Sean) (Filed on 9/15/2022) |
| Filing 19 NOTICE of Appearance by Sean L. Litteral (Litteral, Sean) (Filed on 9/15/2022) |
| Filing 18 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 9/7/2022) |
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Filing 17
ORDER EXTENDING DEADLINE FOR DEFENDANT'S RESPONSE TO COMPLAINT AND SETTING BRIEFING SCHEDULE ON ANY MOTION TO DISMISS by Judge William H. Orrick granting #16 Stipulation. (jmd, COURT STAFF) (Filed on 8/5/2022)
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| Filing 16 STIPULATION WITH PROPOSED ORDER Extending Deadline for Defendant's Response to Complaint and Setting Briefing Schedule on Any Motion to Dismiss filed by Walmart, Inc.. (Attachments: #1 Declaration of L. Kiser ISO Stip. on Response and Briefing Schedule)(Kiser, Livia) (Filed on 8/4/2022) |
| Filing 15 NOTICE of Appearance by Livia M. Kiser (Kiser, Livia) (Filed on 8/4/2022) |
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Filing 14
Order by Judge William H. Orrick granting #12 Motion for Pro Hac Vice by Gary E. Mason. (jmd, COURT STAFF) (Filed on 7/26/2022)
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Filing 13
Order by Judge William H. Orrick granting #10 Motion for Pro Hac Vice by Kevin Laukaitis. (jmd, COURT STAFF) (Filed on 7/26/2022)
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| Filing 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17363675.) filed by Susan Gagetta, Tracie Gomez. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(Mason, Gary) (Filed on 7/19/2022) |
| Filing 11 NOTICE of Appearance by Michael Liskow (Liskow, Michael) (Filed on 7/15/2022) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number ACANDC-17349080) filed by Susan Gagetta, Tracie Gomez. (Attachments: #1 PA Certificate of Good Standing, #2 NJ Certificate of Good Standing)(Laukaitis, Kevin) (Filed on 7/14/2022) |
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Filing 9
CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference set for 9/27/2022 02:00 PM via Videoconference. Case Management Statement due by 9/20/2022. Signed by Judge William H. Orrick on 07/11/2022. (jmd, COURT STAFF) (Filed on 7/11/2022)
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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 William H. Orrick 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 07/08/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 7/8/2022)
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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. (mkl, COURT STAFF) (Filed on 7/7/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Susan Gagetta, Tracie Gomez.. (Fisher, L.) (Filed on 7/7/2022) |
| Filing 5 Summons Issued as to Walmart, Inc.. (kmg, COURT STAFF) (Filed on 6/24/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/19/2022. Initial Case Management Conference set for 9/26/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (kmg, COURT STAFF) (Filed on 6/24/2022) |
| 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 7/8/2022. (ark, COURT STAFF) (Filed on 6/24/2022) |
| Filing 2 Proposed Summons. (Fisher, L.) (Filed on 6/24/2022) |
| Filing 1 COMPLAINT against Walmart, Inc. ( Filing fee $ 402, receipt number ACANDC-17295182.). Filed bySusan Gagetta, Tracie Gomez. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 6/24/2022) |
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