Garcia v. Nestle USA, Inc et al
| Richard Garcia |
| Nestle USA, Inc, Karthik Shetty, Roger Palpant and DOES 1-25 |
| 3:2023cv06199 |
| November 30, 2023 |
| US District Court for the Northern District of California |
| William Alsup |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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#Electronic filing error. Incorrect event used. The correct event is REPLY. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #20 MOTION to Remand filed by Richard Garcia. (mcl, COURT STAFF) (Filed on 1/24/2024)
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Filing 20
REPLY (re #18 MOTION to Remand ) filed by Richard Garcia. (Sadat, Arash) (Filed on 1/23/2024) Modified on 1/24/2024 (mcl, COURT STAFF).
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Filing 19
OPPOSITION/RESPONSE (re #18 MOTION to Remand ) Defendant Nestle USA, Inc,'s Opposition to Plaintiff's Motion to Remand filed byNestle USA, Inc. (Papania, Emily) (Filed on 1/16/2024)
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Filing 18
MOTION to Remand filed by Richard Garcia. Motion Hearing set for 2/15/2024 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 1/16/2024. Replies due by 1/23/2024. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Sadat, Arash) (Filed on 1/2/2024)
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Filing 17
REPLY (re #9 MOTION to Dismiss Defendants Nestle USA, Inc., Karthik Shetty and Roger Palpant's Notice of Motion and Motion to Dismiss Plaintiff's Seventh Cause of Action Pursuant to FRCP 12(b)(6) ) filed byNestle USA, Inc, Roger Palpant, Karthik Shetty. (Papania, Emily) (Filed on 12/28/2023)
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Filing 16
OPPOSITION/RESPONSE (re #9 MOTION to Dismiss Defendants Nestle USA, Inc., Karthik Shetty and Roger Palpant's Notice of Motion and Motion to Dismiss Plaintiff's Seventh Cause of Action Pursuant to FRCP 12(b)(6) ) Opposition filed byRichard Garcia. (Sadat, Arash) (Filed on 12/21/2023)
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Filing 15
CLERK'S NOTICE RESCHEDULING HEARING RE: #9 MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT: Hearing re: #9 MOTION to Dismiss and Initial Case Management Conference RESET for 2/15/2024 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 2/8/2024. Parties may download Judge Alsup's standing orders from the Court's webpage: https://cand.uscourts.gov/judges/alsup-william-wha/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afm, COURT STAFF) (Filed on 12/14/2023)
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Filing 14
Case REASSIGNED to Judge William Alsup for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk on 12/8/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 12/8/2023)
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Filing 13
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 12/8/2023)
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Filing 12
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. (amk, COURT STAFF) (Filed on 12/8/2023)
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Filing 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nestle USA, Inc, Roger Palpant, Karthik Shetty.. (Papania, Emily) (Filed on 12/8/2023)
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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 12/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 12/8/2023)
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Filing 9
MOTION to Dismiss Defendants Nestle USA, Inc., Karthik Shetty and Roger Palpant's Notice of Motion and Motion to Dismiss Plaintiff's Seventh Cause of Action Pursuant to FRCP 12(b)(6) filed by Nestle USA, Inc, Roger Palpant, Karthik Shetty. Motion to Dismiss Hearing set for 1/16/2024 10:00 AM in San Jose, Courtroom 2, 5th Floor. Responses due by 12/21/2023. Replies due by 12/28/2023. (Attachments: #1 Proposed Order re Defendants' Motion to Dismiss Plaintiff's Seventh Cause of Action Pursuant to FRCP 12(b)(6))(Papania, Emily) (Filed on 12/7/2023)
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Filing 8
NOTICE by Nestle USA, Inc of Withdrawal of Counsel (Young, Brett) (Filed on 12/4/2023)
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Filing 7
NOTICE by Nestle USA, Inc of Withdrawal of Counsel (Forsey, Morgan) (Filed on 12/4/2023)
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Filing 6
Certificate of Interested Entities by Nestle USA, Inc identifying Corporate Parent Nestle Holdings, Inc., Corporate Parent NIMCO US, Inc. for Nestle USA, Inc. re #1 Notice of Removal, (Papania, Emily) (Filed on 12/4/2023)
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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 2/27/2024. Initial Case Management Conference set for 3/5/2024 01:30 PM in San Jose, Courtroom 2, 5th Floor. (kmg, COURT STAFF) (Filed on 12/1/2023)
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Filing 4
CERTIFICATE OF SERVICE by Nestle USA, Inc, Roger Palpant, Karthik Shetty re 2 Case Assigned by Intake,, (Papania, Emily) (Filed on 12/1/2023)
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Filing 3
***ERRONEOUS ENTRY. DISREGARD, POSTED IN WRONG CASE.*** Case referred to Private ADR., 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 2/27/2024. Initial Case Management Conference set for 3/5/2024 01:30 PM in San Jose, Courtroom 2, 5th Floor. (kmg, COURT STAFF) (Filed on 12/1/2023) Modified on 12/1/2023 (kmg, COURT STAFF).
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Filing 2
Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 12/15/2023. (as, COURT STAFF) (Filed on 12/1/2023)
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#Electronic filing error. Please re-file (2) Corporate Disclosure Statement in it's entirety as a separate docket entry Re: #1 Notice of Removal, filed by Roger Palpant, Karthik Shetty, Nestle USA, Inc.. (kmg, COURT STAFF) (Filed on 12/1/2023)
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Answer to Removal Complaint Page 34 exhibit B. (kmg, COURT STAFF) (Filed on 11/30/2023)
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Filing 1
NOTICE OF REMOVAL from Monterey Superior Court. Their case number is 23cv001286. (Filing fee $402 receipt number ACANDC-18888965). Filed by Roger Palpant, Nestle USA, Inc, Karthik Shetty. (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement, #3 of Tracey A. Kennedy ISO, #4 of Jackie Combs ISO, #5 of Manuel Gonzalez ISO, #6 Proof of Service)(Papania, Emily) (Filed on 11/30/2023)
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