Tolentino v. Gillig, LLC
Plaintiff: Ronald Tolentino
Defendant: Gillig, LLC
Case Number: 3:2023cv02062
Filed: April 27, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Nature of Suit: Labor: Other
Cause of Action: 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Filing 35 TRANSCRIPT ORDER for proceedings held on 08/10/2023 before Judge Vince Chhabria by Ronald Tolentino, for Recorded Proceeding - San Francisco. (VanEmmerik, Jacquelyne) (Filed on 9/21/2023)
September 15, 2023 Filing 34 Case Number 23-16182 USCA for the Ninth Circuit for #33 Notice of Appeal to the Ninth Circuit filed by Ronald Tolentino. (anj, COURT STAFF) (Filed on 9/15/2023)
September 13, 2023 Filing 33 NOTICE OF APPEAL to the 9th Circuit Court of Appeals (Case Number 23-16182) filed by Ronald Tolentino. (Appeal fee of $505 receipt number ACANDC-18640556 paid.) (Feghali, Allen) (Filed on 9/13/2023) Modified on 9/15/2023 (anj, COURT STAFF).
August 29, 2023 Filing 31 Transcript of Proceedings held on 08/10/23, before Judge Vince Chhabria. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 2:14 - 2:36. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #25 Transcript Order ) Redaction Request due 9/19/2023. Redacted Transcript Deadline set for 9/29/2023. Release of Transcript Restriction set for 11/27/2023. (Related documents(s) #25 ) (Jauregui, Tara) (Filed on 8/29/2023)
August 28, 2023 Filing 32 Acknowledgment of receipt of remand documents from Superior Court of California for the County of Alameda. (anj, COURT STAFF) (Filed on 8/28/2023)
August 17, 2023 Filing 30 CLERK'S NOTICE remanding case to Superior Court of California, County of Alameda. Per Order at Docket no. #28 . (anj, COURT STAFF) (Filed on 8/17/2023) Modified on 8/17/2023 (anj, COURT STAFF).
August 17, 2023 Filing 29 JUDGMENT. Signed by Judge Vince Chhabria on 8/17/2023. (vclc2, COURT STAFF) (Filed on 8/17/2023)
August 17, 2023 Opinion or Order Filing 28 Order by Judge Vince Chhabria granting #17 Motion for Judgment on the Pleadings on the First Cause of Action and remanding the remaining state law claims. The Clerk of Court is directed to remand to the Superior Court of California, County of Alameda, and close the case. (vclc2, COURT STAFF) (Filed on 8/17/2023)
August 15, 2023 Filing 27 Letter from Jacquelyne VanEmmerik to Judge Chhabria. (VanEmmerik, Jacquelyne) (Filed on 8/15/2023)
August 15, 2023 Filing 26 Letter from Michael Warren to Judge Chhabria . (Warren, Michael) (Filed on 8/15/2023)
August 14, 2023 Filing 25 TRANSCRIPT ORDER for proceedings held on 08-10-2023 before Judge Vince Chhabria by Gillig, LLC, for Court Reporter not listed - San Francisco. (Warren, Michael) (Filed on 8/14/2023)
August 10, 2023 Filing 24 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 8/10/2023 re #10 MOTION to Remand Memorandum Of Points And Authorities filed by Ronald Tolentino. Court denied #10 Motion to Remand for the reasons as stated on the record. Assuming the Court will grant the Motion for Judgment on the Pleadings on the first claim, parties to file either joint or competing letters on their position on the remaining claims by Tuesday, 8/15. Total Time in Court: 22 minutes. Court Reporter: Hearing recorded via Zoom: 2:14 - 2:36. Plaintiff Attorney: Jacqueline VanEmmerik. Defendant Attorney: Michael Warren. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 8/10/2023) Proceedings transcribed by Tara Jauregui of Echo Reporting (echoreporting@yahoo.com). (bns, COURT STAFF).
August 7, 2023 Filing 23 CLERK'S NOTICE CONVERTING 8/10/2023 IN-PERSON MOTION HEARING TO ZOOM. #10 MOTION to Remand Memorandum Of Points And Authorities Hearing reset to 8/10/2023 at 01:00 PM by Videoconference Only before Judge Vince Chhabria. 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/vc 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 vccrd@cand.uscourts.gov no later than Tuesday, August 8, 2023, by no later than 1:00PM.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.)(bxs, COURT STAFF) (Filed on 8/7/2023)
August 4, 2023 Filing 22 REPLY (re #17 MOTION for Judgment on the Pleadings ) filed by Gillig, LLC. (Warren, Michael) (Filed on 8/4/2023) Modified on 8/4/2023 (anj, COURT STAFF).
July 28, 2023 Filing 21 OPPOSITION/RESPONSE (re #17 MOTION for Judgment on the Pleadings ) filed by Ronald Tolentino. (Attachments: #1 Declaration OF JACQUELYNE VANEMMERIK IN SUPPORT OF PLAINTIFF ROLAND TOLENTINOS OPPOSITION TO DEFENDANT GILLIG, LLCS MOTION FOR JUDGMENT ON THE PLEADINGS)(Feghali, Allen) (Filed on 7/28/2023) Modified on 7/31/2023 (anj, COURT STAFF).
July 19, 2023 Filing 20 REPLY (re #10 MOTION to Remand Memorandum Of Points And Authorities ) TO DEFENDANT GILLIG, LLCS OPPOSITION TO MOTION TO REMAND filed by Ronald Tolentino. (Feghali, Allen) (Filed on 7/19/2023) Modified on 7/20/2023 (anj, COURT STAFF).
July 18, 2023 Opinion or Order Filing 19 Order by Judge Vince Chhabria granting #18 Stipulation TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 9/29/2023. Initial Case Management Conference reset to 10/6/2023 at 10:00 AM by Videoconference Only. (bxs, COURT STAFF) (Filed on 7/18/2023)
July 17, 2023 Filing 18 STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Ronald Tolentino and Gillig, LLC. (VanEmmerik, Jacquelyne) (Filed on 7/17/2023) Modified on 7/18/2023 (jrs, COURT STAFF).
July 14, 2023 Filing 17 MOTION for Judgment on the Pleadings filed by Gillig, LLC. Motion Hearing set for 8/24/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/28/2023. Replies due by 8/4/2023. (Attachments: #1 Notice of Motion, #2 Request for Judicial Notice, #3 Certificate of Service)(Warren, Michael) (Filed on 7/14/2023)
July 14, 2023 #Electronic filing error. Counsel to update ECF profile to properly reflect change of Firm name Re: #15 Notice (Other) filed by Ronald Tolentino (jrs, COURT STAFF) (Filed on 7/14/2023)
July 13, 2023 Filing 16 Certificate of Interested Entities by Ronald Tolentino (Feghali, Allen) (Filed on 7/13/2023)
July 13, 2023 Filing 15 NOTICE by Ronald Tolentino of Change of Firm Name (Feghali, Allen) (Filed on 7/13/2023)
July 12, 2023 Filing 14 OPPOSITION/RESPONSE (re #10 MOTION to Remand Memorandum Of Points And Authorities ) filed byGillig, LLC. (Attachments: #1 Request for Judicial Notice In Support of Defendant's Opposition to Motion to Remand, #2 Certificate of Service)(Warren, Michael) (Filed on 7/12/2023)
July 7, 2023 Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Warren, Michael) (Filed on 7/7/2023)
July 5, 2023 Filing 12 CLERK'S NOTICE RE #11 . #10 MOTION to Remand Memorandum Of Points And Authorities Hearing set for 8/10/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 7/5/2023)
July 3, 2023 #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials (VC) on future filings. Re: #10 MOTION to Remand Memorandum Of Points And Authorities filed by Ronald Tolentino (jrs, COURT STAFF) (Filed on 7/3/2023)
June 30, 2023 Filing 11 NOTICE by Ronald Tolentino re #10 MOTION to Remand Memorandum Of Points And Authorities Plaintiff Roland Tolentino's Amended Notice of Motion to Remand (Hearing date 10:00 a.m., August 10, 2023) (Feghali, Allen) (Filed on 6/30/2023)
June 28, 2023 Filing 10 MOTION to Remand Memorandum Of Points And Authorities filed by Ronald Tolentino. Motion Hearing set for 6/20/2023 01:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/12/2023. Replies due by 7/19/2023. (Attachments: #1 Declaration Declaration Of Jacquelyne Vanemmerik In Support Of Plaintiff Roland Tolentinos Motion To Remand)(Feghali, Allen) (Filed on 6/28/2023)
May 9, 2023 Filing 9 NOTICE of Appearance by Jacquelyne VanEmmerik (VanEmmerik, Jacquelyne) (Filed on 5/9/2023)
May 9, 2023 Filing 8 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 7/21/2023. Initial Case Management Conference set for 7/28/2023 at 10:00 AM by 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/vc 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 vccrd@cand.uscourts.gov no later than Friday, July 21, 2023, by no later than 12:00PM.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.)(bxs, COURT STAFF) (Filed on 5/9/2023)
May 9, 2023 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse 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 05/09/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 5/9/2023)
May 9, 2023 Filing 6 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. (jlg, COURT STAFF) (Filed on 5/9/2023)
May 8, 2023 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gillig, LLC.. (Warren, Michael) (Filed on 5/8/2023)
May 1, 2023 Filing 4 CERTIFICATE OF SERVICE by Gillig, LLC re #1 Notice of Removal, (Warren, Michael) (Filed on 5/1/2023)
April 28, 2023 Filing 3 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 7/21/2023. Initial Case Management Conference set for 7/28/2023 02:00 PM in San Francisco, Courtroom C, 15th Floor. (anj, COURT STAFF) (Filed on 4/28/2023)
April 28, 2023 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 5/12/2023. (bar, COURT STAFF) (Filed on 4/28/2023)
April 27, 2023 Answer to Removal Complaint Docket no. #1 Exhibit-5 byGillig, LLC. (anj, COURT STAFF) (Filed on 4/27/2023)
April 27, 2023 Filing 1 NOTICE OF REMOVAL with Jury Demand from Alameda County Superior Court. Their case number is RG20073930. (Filing fee $402 receipt number ACANDC-18213930). Filed by Gillig, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Marla Loar in Support of Removal of Action Under 28 U.S.C. Sections 1331, 1441, and 1446, #3 Certificate/Proof of Service Certificate of Interested Parties)(Warren, Michael) (Filed on 4/27/2023) Modified on 4/28/2023 (anj, COURT STAFF).

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Plaintiff: Ronald Tolentino
Represented By: Jacquelyne VanEmmerik
Represented By: Kane Moon
Represented By: Allen Victor Feghali
Represented By: Jacquelyne P. VanEmmerik
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Defendant: Gillig, LLC
Represented By: Michael Walter Warren
Represented By: William Faulkner
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