O'Neal v. Kaiser Foundation Hospitals
| Kenneth O'Neal |
| Kaiser Foundation Hospitals, Mila Miranda and Barry O'Brian |
| 3:2023cv00521 |
| February 3, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 Minute Entry for settlement conference held on 11/20/2023 before Magistrate Judge Alex G. Tse. Case did not settle. (Not Reported.) Plaintiff Attorneys: Carlos Montoya and Nathalie Meza Contreras. Defendant Attorneys: Catherine Lee and Melisa N. McKellar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 11/20/2023) |
| Filing 34 NOTICE of Change of Address by Catherine Mi Lee (Lee, Catherine) (Filed on 10/27/2023) |
Filing 33
ORDER re: #32 Stipulation to Continue Deadlines. Further Case Management Conference previously set for 9/28/2023 is reset to 12/14/2023 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/7/2023. This proceeding will be held via a Zoom webinar.Non-Expert Discovery Completion Date 5/10/2024.Expert disclosures due 5/17/2024; Rebuttals due 6/14/2024.Expert discovery due 7/12/2024.Last hearing date for dispositive motions and/or further case management conference: 3/14/2024 at 9:30 a.m./11:00 a.m.Meet and confer re pretrial filings due 1/23/2024.Pretrial filings due 8/2/2024; Oppositions, objections, exhibits, and depo designations due 8/9/2024.Final Pretrial Conference set for 8/22/2024 at 01:00 PM in Courtroom B, 15th Floor, San Francisco.Jury Selection set for 9/3/2024 at 8:30 AM. Jury Trial set for 9/3/2024 - 9/9/2024 at 08:30 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb 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/. Signed by Judge Laurel Beeler on 09/22/2023. (ejk, COURT STAFF) (Filed on 9/22/2023)
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| Filing 32 STIPULATION WITH PROPOSED ORDER filed by Kaiser Foundation Hospitals and Kenneth O'Neal. (Attachments: #1 Proposed Order Granting Stipulation, #2 Joint Case Management Conference Statement)(McKellar, Melisa) (Filed on 9/21/2023) Modified on 9/22/2023 (jml, COURT STAFF). |
| Filing 31 CLERKS NOTICE SETTING FURTHER SETTLEMENT CONFERENCE. A Further Settlement Conference is set for 11/20/2023 at 10:00 AM before Magistrate Judge Alex G. Tse. This proceeding will be held via a non-public Zoom meeting. Updated settlement conference statements must be lodged with the court no later than 11/13/2023.Court Appearances: Advanced notice is required of counsel and their clients who wish to be identified by the court as making an appearance or will be participating in the conference. A list of names must be sent to the courtroom deputy at AGTcrd@cand.uscourts.gov no later than 11/13/2023.Zoom Meeting Access: Information on how to join the conference can be found on the Court's website under the subheading Joining Non-Public Hearings (Settlement Conferences, etc.) 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 9/19/2023) |
| Filing 30 Minute Entry for settlement conference held on 9/18/2023 before Magistrate Judge Alex G. Tse. Case did not settle. Total Time in Court: 3 hours. Court Reporter: Not Reported. Plaintiff Attorneys: Carlos Montoya and Nathalie Meza Contreras. Defendant Attorneys: Catherine Lee and Melisa N. McKellar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 9/18/2023) |
| Filing 29 CLERKS NOTICE RESCHEDULING SETTLEMENT CONFERENCE: The parties are hereby notified that the Settlement Conference is rescheduled to 9/18/2023 at 10:30 AM before Magistrate Judge Alex G. Tse. This proceeding will be held via non-public Zoom meeting.Zoom Meeting 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 9/14/2023) |
| Filing 28 CLERKS NOTICE CHANGING LOCATION FOR SETTLEMENT CONFERENCE. The parties are hereby notified that the settlement conference, which is set for 9/18/2023 at 10:00 AM before Magistrate Judge Alex G. Tse, will be held via a non-public Zoom meeting. Court Appearances: Advanced notice is required of counsel and their clients who wish to be identified by the court as making an appearance or will be participating in the conference. A list of names must be sent to the courtroom deputy at AGTcrd@cand.uscourts.gov no later than noon on 9/14/2023.Zoom Meeting Access: Information on how to join the conference can be found on the Court's website under the subheading Joining Non-Public Hearings (Settlement Conferences, etc.) 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 9/12/2023) |
| Filing 27 CLERK'S NOTICE RESCHEDULING SETTLEMENT CONFERENCE. The parties are hereby notified that the settlement conference is rescheduled to 9/18/2023 at 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Filed on 8/4/2023) |
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Filing 26
ORDER re #25 Stipulation for a Continuance of Certain Deadlines in the Case Management Order Dated May 11, 2023. ADR completion date 9/18/2023Updated joint case management conference statement due 9/21/2023; Further Case Management Conference set for 9/28/2023 at 9:30 a.m.Last hearing date for dispositive motions and/or further case management conference: 11/16/2023 at 9:30 a.m./11:00 a.m.Expert disclosures due 12/1/2023.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb 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/. Signed by Judge Laurel Beeler on 07/24/2023. (ejk, COURT STAFF) (Filed on 7/24/2023)
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| Filing 25 STIPULATION WITH PROPOSED ORDER FOR A CONTINUANCE OF CERTAIN DEADLINES IN THE CASE MANAGEMENT ORDER DATED MAY 11, 2023 filed by Kaiser Foundation Hospitals, Kenneth O'Neal. (Attachments: #1 Proposed Order)(McKellar, Melisa) (Filed on 7/21/2023) Modified on 7/24/2023 (cjl, COURT STAFF). |
| Filing 24 NOTICE of Appearance by Melisa Nicole McKellar as Counsel for Defendant Kaiser Foundation Hospitals (McKellar, Melisa) (Filed on 7/21/2023) |
| Filing 23 Defendant Kaiser Foundation Hospitals' Notice of Withdrawal of Christina C.K. Semmer As Counsel by Kaiser Foundation Hospitals. (Lee, Catherine) (Filed on 6/13/2023) Modified on 6/13/2023 (cjl, COURT STAFF). |
| Filing 22 CLERK'S NOTICE: The parties are hereby notified that a Settlement Conference is set for 8/15/2023 at 11:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 5/26/2023) |
| Filing 21 Minute Entry for pre-settlement conference held on 5/23/2023 before Magistrate Judge Alex G. Tse. The Court shall schedule an in-person settlement conference to take place in August 2023. (Not Reported.)Plaintiff Attorney: Carlos E Montoya. Defendant Attorney: Catherine Mi Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shy, COURT STAFF) (Date Filed: 5/23/2023) |
| Filing 20 CLERK'S NOTICE SETTING PRE-SETTLEMENT SCHEDULING CONFERENCE: The parties are hereby notified that a Scheduling Conference is set for 5/23/2023 at 11:00 AM before Magistrate Judge Alex G. Tse. This proceeding will be held via a non-public Zoom meeting.Zoom Meeting Access: Information on how to join the conference can be found on the Court's website under the subheading Joining Non-Public Hearings (Settlement Conferences, etc.) 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/. (jlg, COURT STAFF) (Filed on 5/18/2023) |
| CASE REFERRED to Magistrate Judge Alex G. Tse for Settlement (mkl, COURT STAFF) (Filed on 5/18/2023) |
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Filing 19
ORDER OF RECUSAL, Signed by Judge Kandis A. Westmore on 5/17/2023. (wft, COURT STAFF) (Filed on 5/17/2023)
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| CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (mkl, COURT STAFF) (Filed on 5/16/2023) |
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Filing 18
CASE MANAGEMENT SCHEDULING ORDER (JURY): Updated joint case management conference statement due 8/17/2023; Further Case Management Conference set for 8/24/2023 at 9:30 a.m.ORDER REFERRING CASE to Magistrate Judge for Settlement. ADR completion date 8/17/2023 (if possible). Non-expert discovery due 1/26/2024.Expert disclosures due 11/17/2023; Rebuttals due 12/15/2023.Expert discovery due 1/26/2024.Last hearing date for dispositive motions and/or further case management conference (and the court assumes that the parties will not have a Rule 54(d) issue given the close of fact discovery in January): 10/19/2023 at 9:30 a.m./11:00 a.m.Meet and confer re pretrial filings due 1/23/2024.Pretrial filings due 2/1/2024; Oppositions, objections, exhibits, and depo designations due 2/8/2024.Final Pretrial Conference set for 2/22/2024 at 01:00 PM in Courtroom B, 15th Floor, San Francisco. Jury Selection set for 3/4/2024 at 8:30 AM. Jury Trial set for 3/4/2024 - 3/8/2024 at 08:30 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 05/11/2023. (ejk, COURT STAFF) (Filed on 5/11/2023)
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| Filing 17 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held via Zoom on 5/11/2023. Scheduling Order to issue. (Not Reported). Total Time in Court: 4 minutes. Plaintiff's Attorney: Carlos E Montoya. Defendant's Attorney: Catherine Mi Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 5/11/2023) |
| Filing 16 Joint Case Management Statement & [Proposed] Order filed by Kaiser Foundation Hospitals, Kenneth O'Neal. (Lee, Catherine) (Filed on 5/4/2023) Modified on 5/5/2023 (cjl, COURT STAFF). |
| Filing 15 Notice of Change of Address by Catherine Mi Lee. (Lee, Catherine) (Filed on 5/1/2023) Modified on 5/1/2023 (cjl, COURT STAFF). |
| Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Montoya, Carlos) (Filed on 4/20/2023) |
| Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification By Parties and Counsel (Lee, Catherine) (Filed on 4/20/2023) |
| Filing 12 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 5/11/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 5/4/2023. 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/lb 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.) (ejk, COURT STAFF) (Filed on 4/17/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenneth O'Neal.. (Attachments: #1 Certificate/Proof of Service)(Mosley, Walter) (Filed on 2/23/2023) |
| Filing 10 NOTICE of Appearance by Walter Mosley (Attachments: #1 Certificate/Proof of Service Certificate of Service)(Mosley, Walter) (Filed on 2/23/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kaiser Foundation Hospitals.. (Lee, Catherine) (Filed on 2/21/2023) |
| Filing 8 Certificate of Service of Notice to Clerk of the Superior Court and Adverse Parties of Filing Notice of Removal of Action Pursuant to 28 U.S.C. Sections 1331, 1442, and 1446 by Kaiser Foundation Hospitals. (Lee, Catherine) (Filed on 2/6/2023) Modified on 2/7/2023 (cjl, COURT STAFF). |
| Filing 7 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 5/4/2023 . Initial Case Management Conference set for 5/11/2023 11:00 AM in San Francisco, Courtroom B, 15th Floor. (cjl, COURT STAFF) (Filed on 2/6/2023) |
| Filing 6 Case assigned to Magistrate Judge Laurel Beeler. 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 2/21/2023. (jrs, COURT STAFF) (Filed on 2/6/2023) |
| #4 -29 Answer to Removal Complaint by Kaiser Foundation Hospitals. (cjl, COURT STAFF) (Filed on 2/3/2023) |
| Filing 5 Defendant Kaiser Foundation Hospitals Certification of Conflicts and Interested Entities or persons Under Local Rule 3-15 by Kaiser Foundation Hospitals. (Lee, Catherine) (Filed on 2/3/2023) Modified on 2/6/2023 (cjl, COURT STAFF). |
| Filing 4 Appendix re #3 Declaration in Support, #1 Notice of Removal, #2 Declaration in Support, Appendix of Exhibits in Support of Defendant Kaiser Foundation Hospitals' Notice of Removal Pursuant to 28 U.S.C. Sections 1331, 1441, and 1446 filed byKaiser Foundation Hospitals. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Related document(s) #3 , #1 , #2 ) (Lee, Catherine) (Filed on 2/3/2023) |
| Filing 3 Declaration of Christina C.K. Semmer in Support of #1 Notice of Removal, #2 Declaration in Support, Declaration of Christina C.K. Semmer in Support of Defendant Kaiser Foundation Hospitals' Notice of Removal of Action Pursuant to 28 U.S.C. Sections 1331, 1441, and 1446 filed byKaiser Foundation Hospitals. (Attachments: #1 Exhibit C)(Related document(s) #1 , #2 ) (Lee, Catherine) (Filed on 2/3/2023) |
| Filing 2 Declaration of Grace Putulin in Support of #1 Notice of Removal, Declaration of Grace Putulin in Support of Defendant Kaiser Foundation Hospitals' Notice of Removal of Action Pursuant to 28 U.S.C. Sections 1331, 1441, and 1446 filed byKaiser Foundation Hospitals. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #1 ) (Lee, Catherine) (Filed on 2/3/2023) |
| Filing 1 Defendant Kaiser Foundation Hospitals' Notice of Removal of Action Pursuant to 28 U.S.C. Sections 1331, 1441, and 1446 from Marin County Superior Court (with jury demand by plaintiff. Their case number is CIV2203575. (Filing fee $402 receipt number ACANDC-17958409). Filed by Kaiser Foundation Hospitals. (Attachments: #1 Civil Cover Sheet)(Lee, Catherine) (Filed on 2/3/2023) Modified on 2/6/2023 (cjl, COURT STAFF). |
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