Anaclerio v. Dutra Group et al
| Joe Anaclerio |
| THE DUTRA GROUP, a California corporation, DUTRA MATERIALS, an unknown business entity, DOES 1 through 100, inclusive, JOE ANACLERIO, individually, and on behalf of other members of the general public similarly situated on and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act, Dutra Group and Dutra Materials |
| 3:2023cv04717 |
| September 13, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Labor: Labor/Mgt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 CLERKS NOTICE RESETTING MOTION HEARING. The court is working on the pending motion and will benefit from having additional time to work on it before oral argument. The court thus continues the hearing to 11/16/2023 at 9:30 a.m. Motion Hearing #7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule of Civil Procedure 12(b)(6) set for 11/16/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. 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 11/9/2023) |
| Filing 21 CLERKS NOTICE RESETTING MOTION HEARING. The court is working on the pending motion and will benefit from having additional time to work on it before oral argument. The court thus continues the hearing from 11/2/2023 to 11/9/2023 at 9:30 a.m.Motion Hearing #7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule of Civil Procedure 12(b)(6) set for 11/9/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. 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 11/1/2023) |
| Filing 20 CLERKS NOTICE RESETTING MOTION HEARING. The court needs more time with the motions and resets them to 11/2/2023 at 9:30 a.m.Motion Hearing #7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule oif Civil Procedure 12(b)(6) set for 11/2/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. 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 10/25/2023) |
| Filing 19 REPLY (re #7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule oif Civil Procedure 12(b)(6) ) filed byDutra Group, Dutra Materials. (Jang-Busby, Travis) (Filed on 10/11/2023) |
| Filing 18 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule oif Civil Procedure 12(b)(6) ) filed byJoe Anaclerio. (Parker-Fawley, Elizabeth) (Filed on 10/4/2023) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joe Anaclerio.. (Parker-Fawley, Elizabeth) (Filed on 10/3/2023) |
| Filing 16 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 10/4/2023. (ejk, COURT STAFF) (Filed on 9/29/2023) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dutra Group.. (Jang-Busby, Travis) (Filed on 9/28/2023) |
| Filing 14 NOTICE of Appearance by Elizabeth Parker-Fawley (Parker-Fawley, Elizabeth) (Filed on 9/22/2023) |
| Filing 13 NOTICE of Appearance by Gabriella Sole (Sole, Gabriella) (Filed on 9/22/2023) |
| Filing 12 NOTICE of Appearance by Arman Marukyan (Marukyan, Arman) (Filed on 9/22/2023) |
| Filing 11 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #7 MOTION to Dismiss PLAINTIFFS COMPLAINT, OR IN THE ALTERNATIVE, EACH CAUSE OF ACTION, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) set for 10/26/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 10/4/2023. Replies due by 10/11/2023. This proceeding will be held via a Zoom webinar.The court is now holding in-person motions hearings if the parties agree. They must notify the court within two weeks of their preference. 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 9/21/2023) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 9/28/2023. (ejk, COURT STAFF) (Filed on 9/21/2023) |
| Filing 9 CERTIFICATE OF SERVICE OF ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES by Dutra Group, Dutra Materials re #5 Initial Case Management Scheduling Order with ADR Deadlines, (Wentworth, Nicole) (Filed on 9/20/2023) Modified on 9/22/2023 (kmg, COURT STAFF). |
| Filing 8 CERTIFICATE OF SERVICE-(STANDING ORDER FOR MAGISTRATE JUDGE LAUREL BEELER) by Dutra Group, Dutra Materials (Wentworth, Nicole) (Filed on 9/20/2023) Modified on 9/22/2023 (kmg, COURT STAFF). |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint, or in the alternative, Each Cause of Action, Pursuant to Federal Rule oif Civil Procedure 12(b)(6); Memorandum of Points and Authorities in Support filed by Dutra Group, Dutra Materials. Motion Hearing set for 10/26/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 10/4/2023. Replies due by 10/11/2023. (Attachments: #1 Declaration, #2 Proposed Order) (Wentworth, Nicole) (Filed on 9/20/2023) |
| Filing 6 NOTICE of Appearance by Nicole Wentworth (Wentworth, Nicole) (Filed on 9/19/2023) |
| Filing 5 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 12/7/2023. Initial Case Management Conference set for 12/14/2023 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (wsn, COURT STAFF) (Filed on 9/14/2023) |
| Filing 4 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 9/28/2023. (ark, COURT STAFF) (Filed on 9/14/2023) |
| Filing 3 CERTIFICATE OF SERVICE by Dutra Materials, an unknown business entity, The Dutra Group, a California corporation re #2 Certificate of Interested Entities, #1 Notice of Removal, (Jang-Busby, Travis) (Filed on 9/13/2023) AFF). |
| Filing 2 Certificate of Interested Entities by Dutra Materials, an unknown business entity, The Dutra Group, a California corporation identifying Other Affiliate San Rafael Rock Quarry, Inc. for Dutra Materials, an unknown business entity, The Dutra Group, a California corporation. (Jang-Busby, Travis) (Filed on 9/13/2023) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Marin County. Their case number is CV0000481. (Filing fee $402, receipt number ACANDC-18641731). Filed by The Dutra Group, a California corporation, Dutra Materials, an unknown business entity. (Attachments: #1 Exhibit A to Notice of Removal, #2 Civil Cover Sheet) (Jang-Busby, Travis) (Filed on 9/13/2023) |
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