Carrillo et al v. Amy's Kitchen, Inc. et al
Plaintiff: Maria Carrillo, Enrique Castillo and Jennifer Petri
Defendant: Amy's Kitchen, Inc., Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan, Carmelita Lewis, Peter Wong and Andy Berliner
Case Number: 4:2023cv01359
Filed: March 23, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Referring Judge: Jon S Tigar
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2023 Opinion or Order Filing 19 ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT by Judge Jon S. Tigar granting #12 Stipulation. Replies due by 7/31/2023. Responses due by 6/13/2023.(mll, COURT STAFF) (Filed on 4/28/2023)
April 19, 2023 Opinion or Order Filing 18 Order by Judge Jon S. Tigar granting #17 Motion for Pro Hac Vice as to Rene Thorne.(mll, COURT STAFF) (Filed on 4/19/2023)
April 18, 2023 Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18184333.) filed by Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan, Amy's Kitchen, Inc., Andy Berliner, Carmelita Lewis, Peter Wong. (Attachments: #1 Exhibit Certificate of Good Standing)(Thorne, Rene) (Filed on 4/18/2023)
April 17, 2023 Filing 16 CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 7/11/2023. Initial Case Management Conference set for 7/18/2023 02:00 PM in Oakland, - 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/jst 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than July 17, 2023 by 2:00 p.m.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 7/11/2023. Initial Case Management Conference set for 7/18/2023 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 4/17/2023)
April 17, 2023 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Donna M. Ryu 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 The Clerk on 04/17/2023. (jrs, COURT STAFF) (Filed on 4/17/2023)
April 14, 2023 Filing 14 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. (ig, COURT STAFF) (Filed on 4/14/2023)
April 14, 2023 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan, Amy's Kitchen, Inc., Andy Berliner, Carmelita Lewis, Peter Wong.. (Sullivan, Donald) (Filed on 4/14/2023)
April 14, 2023 Filing 12 STIPULATION WITH PROPOSED ORDER re #1 Complaint, Stipulation Extending Time For Defendants to Respond to Complaint filed by Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan, Amy's Kitchen, Inc., Andy Berliner, Carmelita Lewis, Peter Wong. (Sullivan, Donald) (Filed on 4/14/2023)
March 29, 2023 Filing 11 SUMMONS RETURNED EXECUTED by Maria Carrillo, Enrique Castillo, Jennifer Petri. Defendant Carmelita Lewis served on 3/27/23, answer due 4/17/23. (Clark, James) (Filed on 3/29/2023) Modified on 3/29/2023 (mcl, COURT STAFF).
March 29, 2023 Filing 10 SUMMONS RETURNED EXECUTED by Maria Carrillo, Enrique Castillo, Jennifer Petri. Defendant Peter Wong served on 3/27/23, answer due 4/17/23. (Clark, James) (Filed on 3/29/2023) Modified on 3/29/2023 (mcl, COURT STAFF).
March 29, 2023 Filing 9 SUMMONS RETURNED EXECUTED by Maria Carrillo, Enrique Castillo, Jennifer Petri. Defendant Andy Berliner served on 3/27/23, answer due 4/17/23. (Clark, James) (Filed on 3/29/2023) Modified on 3/29/2023 (mcl, COURT STAFF).
March 29, 2023 Filing 8 SUMMONS RETURNED EXECUTED by Maria Carrillo, Enrique Castillo, Jennifer Petri. Defendant Administrative Committee of Amy's Kitchen 401k Retirement Plan served on 3/27/23, answer due 4/17/23. (Clark, James) (Filed on 3/29/2023) Modified on 3/29/2023 (mcl, COURT STAFF).
March 29, 2023 Filing 7 SUMMONS RETURNED EXECUTED by Maria Carrillo, Enrique Castillo, Jennifer Petri . Defendant Amy's Kitchen, Inc. served on 3/27/23, answer due 4/17/23. (Clark, James) (Filed on 3/29/2023) Modified on 3/29/2023 (mcl, COURT STAFF).
March 29, 2023 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Maria Carrillo, Enrique Castillo, Jennifer Petri.. (Clark, James) (Filed on 3/29/2023)
March 29, 2023 #Electronic filing error. Incorrect event used. The correct event is SUMMONS RETURNED EXECUTED. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #7 Certificate of Service filed by Jennifer Petri, Maria Carrillo, Enrique Castillo, #10 Certificate of Service filed by Jennifer Petri, Maria Carrillo, Enrique Castillo, #11 Certificate of Service filed by Jennifer Petri, Maria Carrillo, Enrique Castillo, #9 Certificate of Service filed by Jennifer Petri, Maria Carrillo, Enrique Castillo, #8 Certificate of Service, filed by Jennifer Petri, Maria Carrillo, Enrique Castillo. (mcl, COURT STAFF) (Filed on 3/29/2023)
March 23, 2023 Filing 5 Summons Issued as to Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan, Amy's Kitchen, Inc., Andy Berliner, Carmelita Lewis, Peter Wong. (mcl, COURT STAFF) (Filed on 3/23/2023)
March 23, 2023 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/14/2023. Initial Case Management Conference set for 6/21/2023 01:30 PM. (mcl, COURT STAFF) (Filed on 3/23/2023)
March 23, 2023 Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 4/6/2023. (ark, COURT STAFF) (Filed on 3/23/2023)
March 23, 2023 Filing 2 Proposed Summons. (Clark, James) (Filed on 3/23/2023)
March 23, 2023 Filing 1 COMPLAINT (CLASS) FOR DAMAGES against ADMINISTRATIVE COMMITTEE OF AMYS KITCHEN INC. 401(K) RETIREMENT PLAN., Amy's Kitchen, Inc., Andy Berliner, Carmelita Lewis, Peter Wong ( Filing fee $ 402, receipt number ACANDC-18101327.). Filed byJennifer Petri, Enrique Castillo, Maria Carrillo. (Attachments: #1 Civil Cover Sheet)(Clark, James) (Filed on 3/23/2023)
March 23, 2023 #Electronic filing error. Filer is reminded not to enter party's name in all capital letters. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint, filed by Jennifer Petri, Maria Carrillo, Enrique Castillo. (mcl, COURT STAFF) (Filed on 3/23/2023)
March 23, 2023 #Electronic filing error. Summons have been issued but in the future, filer should submit only ONE single summons, listing out all the defendants in an attachment page if necessary. Re: #2 Proposed Summons filed by Jennifer Petri, Maria Carrillo, Enrique Castillo. (mcl, COURT STAFF) (Filed on 3/23/2023)

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Plaintiff: Maria Carrillo
Represented By: James Alan Clark
Represented By: Ariel Anna Pytel
Represented By: Renee Parras Ortega
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Plaintiff: Enrique Castillo
Represented By: James Alan Clark
Represented By: Ariel Anna Pytel
Represented By: Renee Parras Ortega
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Plaintiff: Jennifer Petri
Represented By: James Alan Clark
Represented By: Ariel Anna Pytel
Represented By: Renee Parras Ortega
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Defendant: Amy's Kitchen, Inc.
Represented By: Donald Patrick Sullivan
Represented By: Rene Elizabeth Thorne
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Defendant: Administrative Committee of Amy's Kitchen, Inc. 401(K) Retirement Plan
Represented By: Donald Patrick Sullivan
Represented By: Rene Elizabeth Thorne
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Defendant: Carmelita Lewis
Represented By: Donald Patrick Sullivan
Represented By: Rene Elizabeth Thorne
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Defendant: Peter Wong
Represented By: Donald Patrick Sullivan
Represented By: Rene Elizabeth Thorne
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Defendant: Andy Berliner
Represented By: Donald Patrick Sullivan
Represented By: Rene Elizabeth Thorne
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