Operating Engineers Local 3 v. Marathon Petroleum Company LP et al
Plaintiff: Operating Engineers Local 3
Defendant: Marathon Petroleum Company LP and Tesoro Refining & Marketing Co., LLC
Case Number: 3:2022cv09057
Filed: December 21, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Alex G Tse
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2023 Filing 37 OBJECTIONS to Evidence Filed with Defendant's Opposition to Summary Judgement re #35 Declaration in Support by Operating Engineers Local 3. (Goldsmith, Eileen) (Filed on 4/14/2023) Modified on 4/14/2023 (kmg, COURT STAFF).
April 14, 2023 Filing 36 REPLY (re #24 MOTION for Summary Judgment ) filed by Operating Engineers Local 3. (Goldsmith, Eileen) (Filed on 4/14/2023) Modified on 4/14/2023 (kmg, COURT STAFF).
March 31, 2023 Filing 35 Declaration of Shenna Bradshaw in Support of #33 Opposition/Response to Motion filed byMarathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Related document(s) #33 ) (Chambers, Courtney) (Filed on 3/31/2023)
March 31, 2023 Filing 34 Declaration of Kirbie Hunley in Support of #33 Opposition/Response to Motion filed byMarathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Related document(s) #33 ) (Chambers, Courtney) (Filed on 3/31/2023)
March 31, 2023 Filing 33 OPPOSITION/RESPONSE (re #24 MOTION for Summary Judgment ) filed byMarathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Chambers, Courtney) (Filed on 3/31/2023)
March 20, 2023 Filing 32 CLERKS NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 6/2/2023 at 2:00 PM before Magistrate Judge Alex G. Tse. 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/agt 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.) (shy, COURT STAFF) (Filed on 3/20/2023)
March 17, 2023 Filing 31 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Operating Engineers Local 3. (Goldsmith, Eileen) (Filed on 3/17/2023) Modified on 3/20/2023 (gba, COURT STAFF).
March 16, 2023 Opinion or Order Filing 30 ORDER granting Stipulation to Continue Briefing Schedule and Hearing Date signed by Magistrate Judge Alex G. Tse: granting #28 Stipulation. The hearing on Plaintiff's Motion for Summary Judgment is now set for 5/12/2023 at 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 3/16/2023)
March 16, 2023 Opinion or Order Filing 29 ***PLEASE DISREGARD THIS DOCKET ENTRY AS THE CORRESPONDING DOCUMENT CONTAINS AN IN CORRECT SIGNATURE DATE*** ORDER granting Stipulation to Continue Briefing Schedule and Hearing Date signed by Magistrate Judge Alex G. Tse: granting #28 Stipulation. The hearing on Plaintiff's Motion for Summary Judgment is now set for 5/12/2023 at 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 3/16/2023) Modified on 3/16/2023 (shy, COURT STAFF).
March 15, 2023 Filing 28 JOINT STIPULATION WITH PROPOSED ORDER to Continue Briefing Schedule and Hearing Date Pursuant to Local Rule 6-2 filed by Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Chambers, Courtney) (Filed on 3/15/2023)
March 9, 2023 Filing 27 Proposed Order re #24 MOTION for Summary Judgment by Operating Engineers Local 3. (Goldsmith, Eileen) (Filed on 3/9/2023)
March 9, 2023 Filing 26 Declaration of Brooke Bond in Support of #24 MOTION for Summary Judgment filed byOperating Engineers Local 3. (Attachments: #1 Exhibit A)(Related document(s) #24 ) (Goldsmith, Eileen) (Filed on 3/9/2023)
March 9, 2023 Filing 25 Declaration of Gening Liao in Support of #24 MOTION for Summary Judgment filed byOperating Engineers Local 3. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #24 ) (Goldsmith, Eileen) (Filed on 3/9/2023)
March 9, 2023 Filing 24 MOTION for Summary Judgment filed by Operating Engineers Local 3. Motion Hearing set for 4/14/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 3/23/2023. Replies due by 3/30/2023. (Goldsmith, Eileen) (Filed on 3/9/2023)
March 3, 2023 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chambers, Courtney) (Filed on 3/3/2023)
March 3, 2023 Filing 22 Certificate of Interested Entities by Operating Engineers Local 3 identifying Other Affiliate International Union of Operating Engineers, Local 3 for Operating Engineers Local 3. (Goldsmith, Eileen) (Filed on 3/3/2023)
March 3, 2023 Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Goldsmith, Eileen) (Filed on 3/3/2023)
March 3, 2023 Filing 20 CLERKS NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 3/24/2023 at 1:00 PM before Magistrate Judge Alex G. Tse. 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/agt 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.) (shy, COURT STAFF) (Filed on 3/3/2023)
February 21, 2023 Filing 19 Certificate of Interested Entities by Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC identifying Corporate Parent Marathon Petroleum Company LP, Corporate Parent MARATHON PETROLEUM CORPORATION, Corporate Parent MPC Investment LLC for Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Chambers, Courtney) (Filed on 2/21/2023)
February 21, 2023 Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC.. (Chambers, Courtney) (Filed on 2/21/2023)
February 21, 2023 Filing 17 ANSWER to Complaint by Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC. (Chambers, Courtney) (Filed on 2/21/2023) Modified on 2/22/2023 (gba, COURT STAFF).
February 13, 2023 Filing 16 CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination. Defendants shall file a consent or declination to proceed before a magistrate judge by 2/27/2023. 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. (shy, COURT STAFF) (Filed on 2/13/2023)
January 10, 2023 Opinion or Order Filing 15 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Alex G. Tse: granting #14 Application. (shy, COURT STAFF) (Filed on 1/10/2023)
January 9, 2023 Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17880834.) filed by Marathon Petroleum Company LP. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing (Supreme Court of Texas))(Carter, Arthur) (Filed on 1/9/2023)
January 4, 2023 Opinion or Order Filing 13 ORDER Granting Administrative Motion to Consider Whether Cases Should be Related signed by Magistrate Judge Alex G. Tse: granting #12 Administrative Motion. (shy, COURT STAFF) (Filed on 1/4/2023)
January 4, 2023 Filing 12 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by Operating Engineers Local 3. Responses due by 1/9/2023. (Attachments: #1 Signature Page (Declarations/Stipulations), #2 Proposed Order, #3 Certificate/Proof of Service)(Goldsmith, Eileen) (Filed on 1/4/2023)
January 3, 2023 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Operating Engineers Local 3.. (Goldsmith, Eileen) (Filed on 1/3/2023)
December 28, 2022 Filing 10 WAIVER OF SERVICE Returned Executed filed by Tesoro Refining & Marketing Co., LLC. Service waived by Tesoro Refining & Marketing Co., LLC waiver sent on 12/23/2022, answer due 2/21/2023. (Chambers, Courtney) (Filed on 12/28/2022)
December 28, 2022 Filing 9 WAIVER OF SERVICE Returned Executed filed by Marathon Petroleum Company LP. Service waived by Marathon Petroleum Company LP waiver sent on 12/22/2022, answer due 2/21/2023. (Chambers, Courtney) (Filed on 12/28/2022)
December 23, 2022 Filing 8 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 3/17/202 3. Initial Case Management Conference set for 3/24/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (ecg, COURT STAFF) (Filed on 12/23/2022)
December 22, 2022 Filing 7 NOTICE of Appearance by Zoe Louise Palitz (Palitz, Zoe) (Filed on 12/22/2022)
December 22, 2022 Filing 6 NOTICE of Appearance by Samuel Eric de Freitas Hull (Hull, Samuel) (Filed on 12/22/2022)
December 22, 2022 Filing 5 NOTICE of Appearance by Samuel Eric de Freitas Hull (Hull, Samuel) (Filed on 12/22/2022)
December 22, 2022 Filing 4 NOTICE of Appearance by Zoe Louise Palitz (Palitz, Zoe) (Filed on 12/22/2022)
December 21, 2022 Filing 3 Proposed Summons. (Goldsmith, Eileen) (Filed on 12/21/2022)
December 21, 2022 Filing 2 Case assigned to Magistrate Judge Alex G. Tse. 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 1/4/2023. (ark, COURT STAFF) (Filed on 12/21/2022)
December 21, 2022 Filing 1 COMPLAINT to Compel Arbitration against Marathon Petroleum Company LP, Tesoro Refining & Marketing Co., LLC ( Filing fee $ 402, receipt number ACANDC-17843815.). Filed by Operating Engineers Local 3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (Goldsmith, Eileen) (Filed on 12/21/2022) Modified on 1/3/2023 (gba, COURT STAFF).

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Plaintiff: Operating Engineers Local 3
Represented By: Eileen B. Goldsmith
Represented By: Zoe Louise Palitz
Represented By: Samuel Eric de Freitas Hull
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Defendant: Marathon Petroleum Company LP
Represented By: Arthur T. Carter
Represented By: Courtney O. Chambers
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Defendant: Tesoro Refining & Marketing Co., LLC
Represented By: Courtney O. Chambers
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