Valencia v. Mattress Firm, Inc.
| Carmen Valencia |
| Mattress Firm, Inc. |
| 3:2022cv06875 |
| November 4, 2022 |
| US District Court for the Northern District of California |
| William Alsup |
| Nathanael M Cousins |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Defendant |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER GRANTING IN PART #6 MOTION TO COMPEL ARBITRATION AND DISMISS AND STAYING CASE. Signed by Judge Alsup. (whalc5, COURT STAFF) (Filed on 2/16/2023)
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Filing 30
CLERK'S NOTICE: Pursuant to Local Rule 7-1(b), the #6 Motion to Compel will be ruled on the papers by the Court. Motion hearing set for 2/16/2023 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 2/10/2023)
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Filing 29
MOTION to Appear by Telephone at Hearing on Defendant's Motion to Compel Arbitration and Case Management Conference filed by Carmen Valencia. (Attachments: #1 Declaration OF ROMAN OTKUPMAN IN SUPPORT OF PLAINTIFFS REQUEST TO APPEAR REMOTELY AT THE HEARING ON DEFENDANTS MOTION TO COMPEL ARBITRATION)(Otkupman, Roman) (Filed on 2/9/2023)
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Filing 28
ORDER DENYING #27 MOTION TO APPEAR BY TELEPHONE. Signed by Judge Alsup.(whalc5, COURT STAFF) (Filed on 2/9/2023)
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Filing 27
MOTION to Appear by Telephone via Zoom Videoconference at Hearing on Defendant's Motion to Compel Arbitration and Case Management Conference filed by Mattress Firm, Inc.. (Attachments: #1 Proposed Order)(Lau, Annie) (Filed on 2/9/2023)
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Filing 26
CLERK'S NOTICE RESCHEDULING #6 MOTION TO COMPEL HEARING FROM 1/26/2023 TO 2/16/2023 AT 1:30PM AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE FROM 2/9/2023 TO 3/9/2023: Hearing re #6 MOTION to Compel Arbitration, Strike the Non-Individual Representative Claims, and Dismiss or Stay the Action Pending Arbitration RESCHEDULED from 1/26/2023 to 2/16/2023 01:30 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Initial Case Management Conference RESCHEDULED from 2/9/2023 to 3/9/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 3/2/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afm, COURT STAFF) (Filed on 1/23/2023)
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Filing 25
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lau, Annie) (Filed on 1/18/2023)
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Filing 24
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Otkupman, Roman) (Filed on 1/17/2023)
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Filing 23
REPLY (re #6 MOTION to Compel Arbitration, Strike the Non-Individual Representative Claims, and Dismiss or Stay the Action Pending Arbitration ) filed byMattress Firm, Inc.. (Lau, Annie) (Filed on 12/2/2022)
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Filing 22
CERTIFICATE OF SERVICE by Mattress Firm, Inc. re #18 Order Reassigning Case,,, Case Assigned/Reassigned,, (Lau, Annie) (Filed on 11/28/2022)
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Filing 21
OPPOSITION/RESPONSE (re #6 MOTION to Compel Arbitration, Strike the Non-Individual Representative Claims, and Dismiss or Stay the Action Pending Arbitration ) filed byCarmen Valencia. (Attachments: #1 Declaration In Support of Plaintiff's Opposition to Defendant's Motion to Compel Arbitration)(Otkupman, Roman) (Filed on 11/25/2022)
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Filing 20
CLERK'S NOTICE RESCHEDULING #6 MOTION TO COMPEL AND INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT: Motion hearing re #6 MOTION to Compel Arbitration reset for 1/26/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Initial Case Management Conference reset for 2/9/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 2/2/2023. Parties may download Judge Alsup's standing orders from webpage: https://cand.uscourts.gov/judges/alsup-william-wha/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afm, COURT STAFF) (Filed on 11/22/2022)
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Filing 19
Renotice motion hearing re #6 MOTION to Compel Arbitration, Strike the Non-Individual Representative Claims, and Dismiss or Stay the Action Pending Arbitration filed byMattress Firm, Inc.. (Related document(s) #6 ) (Lau, Annie) (Filed on 11/22/2022)
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Filing 18
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Judge Susan Illston 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 11/18/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 11/18/2022)
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Filing 17
ORDER OF RECUSAL. Signed by Judge Susan Illston on 11/17/2022. (ec, COURT STAFF) (Filed on 11/17/2022)
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Filing 16
INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT: Joint Case Management Statement due by 2/3/2023. Initial Case Management Conference set for 2/10/2023 at 02:30 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Counsel are instructed to re-notice any pending Motions after reviewing the assigned Jude's Scheduling Notes. The briefing schedule for all Motions remain unchanged. 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 sicrd@cand.uscourts.gov no later than 1/25/23 at 2 pm.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si 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/. Case Management Statement due by 2/3/2023. Initial Case Management Conference set for 2/10/2023 02:3 0 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 11/16/2022)
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Judge Charles R. Breyer 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 11/16/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 11/16/2022)
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Filing 14
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 11/16/2022. (ls, COURT STAFF) (Filed on 11/16/2022)
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Filing 13
Defendant Mattress Firm, Inc.'s Corporate Disclosure Statement Pursuant to FRCP Rule 7.1 by Mattress Firm, Inc. (Lau, Annie) (Filed on 11/15/2022).
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Filing 12
Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Judge Charles R. Breyer for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 11/15/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 11/15/2022)
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Filing 11
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 11/15/2022)
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Filing 10
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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 11/14/2022)
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Filing 9
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mattress Firm, Inc... (Lau, Annie) (Filed on 11/14/2022)
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Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carmen Valencia.. (Otkupman, Roman) (Filed on 11/11/2022)
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Filing 7
CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 11/18/2022. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/11/2022)
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Filing 6
MOTION to Compel Arbitration, Strike the Non-Individual Representative Claims, and Dismiss or Stay the Action Pending Arbitration filed by Mattress Firm, Inc.. Motion Hearing set for 1/18/2023 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 11/25/2022. Replies due by 12/2/2022. (Attachments: #1 Declaration of Annie Lau, #2 Declaration of Diane Penoyer-Hanratty, #3 Proposed Order)(Lau, Annie) (Filed on 11/11/2022)
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Filing 5
CERTIFICATE OF SERVICE by Mattress Firm, Inc. re #1 Notice of Removal, (Lau, Annie) (Filed on 11/4/2022)
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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 2/1/2023 . Initial Case Management Conference set for 2/8/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. (msr, COURT STAFF) (Filed on 11/4/2022)
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Filing 3
Certificate of Interested Entities by Mattress Firm, Inc. identifying Corporate Parent Steinhoff International Holdings N.V., Other Affiliate Mattress Firm, Inc., Other Affiliate Carmen Valencia, Other Affiliate Carmela Verdugo for Mattress Firm, Inc.. re #1 Notice of Removal, (Lau, Annie) (Filed on 11/4/2022)
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Filing 2
Case assigned to Magistrate Judge Nathanael M. Cousins. 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 11/18/2022. (as, COURT STAFF) (Filed on 11/4/2022)
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Filing 1
NOTICE OF REMOVAL from Santa Clara. Their case number is 22cv403324. (Filing fee $402 receipt number ACANDC-17697881). Filed byMattress Firm, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Diane Penoyer-Hanratty)(Lau, Annie) (Filed on 11/4/2022)
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| Plaintiff: Carmen Valencia | |
| Represented By: | Roman Otkupman |
| Represented By: | Nidah Farishta |
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| Defendant: Mattress Firm, Inc. | |
| Represented By: | Brandon Tyler Khalil Kahoush |
| Represented By: | Jenna Rogenski |
| Represented By: | Annie Lau |
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