Marshall v. Alameda Contra Costa Transit District et al
| Danny Marshall |
| Alameda Contra Costa Transit District, Amalgamated Transit Union, Local 192 and Robert L. Coleman |
| 4:2024cv00996 |
| February 20, 2024 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Jon S Tigar |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPLY (re #9 MOTION to Dismiss Second Amended Complaint ) filed byAmalgamated Transit Union, Local 192, Robert L. Coleman. (Attachments: #1 Request for Judicial Notice, #2 Declaration Declaration of Bronwen Beseda O'Herin)(O'Herin, Bronwen) (Filed on 4/5/2024) |
| Filing 24 REPLY (re #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] ) filed byAlameda Contra Costa Transit District. (Lau, Wilson) (Filed on 4/5/2024) |
Filing 23
ORDER RE: STIPULATED REQUEST TO CONTINUE HEARING ON PENDING MOTIONS TO DISMISS re #9 MOTION to Dismiss Second Amended Complaint filed by Robert L. Coleman, Amalgamated Transit Union, Local 192, #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] filed by Alameda Contra Costa Transit District, Set/Reset Deadlines as to #9 MOTION to Dismiss Second Amended Complaint, #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)], #22 STIPULATION WITH PROPOSED ORDER ., Motions terminated: #22 STIPULATION WITH PROPOSED ORDER filed by Robert L. Coleman, Alameda Contra Costa Transit District, Amalgamated Transit Union, Local 192. Motion Hearing set for 5/30/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on March 28, 2024. (mll, COURT STAFF) (Filed on 3/28/2024)
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| Filing 22 STIPULATION WITH PROPOSED ORDER filed by Alameda Contra Costa Transit District, Amalgamated Transit Union, Local 192, Robert L. Coleman. (Attachments: #1 Declaration of Bronwen Beseda O'Herin in Support of Stipulated Request to Continue Hearing on Pending Motions to Dismiss, #2 Proposed Order re: Stipulated Request to Continue Hearing on Pending Motions to Dismiss)(O'Herin, Bronwen) (Filed on 3/27/2024) |
| Filing 21 OPPOSITION/RESPONSE (re #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] ) Plaintiff's Corrected Points and Authorities in Opposition to Defendant AC Transit's Motion to Dismiss filed byDanny Marshall. (Attachments: #1 Certificate/Proof of Service)(Wolf, David) (Filed on 3/25/2024) |
| Filing 20 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss Second Amended Complaint ) Plaintiff's Points and Authorities in Opposition to Defendants ATU Local 192's and Mr. Coleman's Motion to Dismiss filed byDanny Marshall. (Attachments: #1 Opposition / Objection to ATU Local 192's RJN and Exhibits to RJN, #2 Plaintiff's RJN (PRJN), #3 Declaration Plaintiff's Declaration in Support of PRJN, #4 Declaration Declaration of Plaintiff's Counsel in Support of PRJN, Courtesy Copy of Secondary Authority, Non-Opposition to Opposing Counsel's Request to Continue Hearing, etc., #5 Proposed Order Plaintiff's Proposed Order as to Defendants ATU Local 192 and Mr. Coleman, #6 Certificate/Proof of Service Plaintiff's Certificate of Service on Defendants ATU Local 192 and Mr. Coleman)(Wolf, David) (Filed on 3/22/2024) |
| Filing 19 OPPOSITION/RESPONSE (re #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] ) Points and Authorities in Opposition to Defendant AC Transit's Motion to Dismiss filed byDanny Marshall. (Attachments: #1 Opposition Objection to Declaration of Wilson Lau and Exhibits A and B to Declaration, #2 Plaintiff's RJN (PRJN), #3 Plaintiff's Declaration in Support of PRJN, #4 Declaration of Plaintiff's Counsel in Support of PRJN, Courtesy Copy of Secondary Authority, Non-Opposition to Opposing Counsel's Request to Continue Hearing, etc., #5 Plaintiff's Proposed Order as to Defendant AC Transit, #6 Plaintiff's Cert. Service on Defendant AC Transit)(Wolf, David) (Filed on 3/22/2024) |
| Filing 18 CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 6/4/2024. Initial Case Management Conference set for 6/11/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 5/2/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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. A combined 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 May 1, 2024 by 2:00 p.m. for the Motion hearing and June 10, 2024 by 2:00 p.m. for the CMC.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/., Set/Reset Deadlines as to #9 MOTION to Dismiss Second Amended Complaint, #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)]. Case Management Statement due by 6/4/2024. Initial Case Management Conference set for 6/11/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 5/2/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (mll, COURT STAFF) (Filed on 3/7/2024) |
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Filing 17
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 Sallie Kim 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 03/07/2024. (Attachments: #1 Criminal Cover Sheet)(mbc, COURT STAFF) (Filed on 3/7/2024)
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| Filing 16 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. (bxl, COURT STAFF) (Filed on 3/7/2024) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Danny Marshall.. (Attachments: #1 Certificate/Proof of Service)(Wolf, David) (Filed on 3/6/2024) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Danny Marshall.. (Attachments: #1 Certificate/Proof of Service)(Wolf, David) (Filed on 3/6/2024) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 3/13/2024 . 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 3/6/2024) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda Contra Costa Transit District.. (Lau, Wilson) (Filed on 3/6/2024) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amalgamated Transit Union, Local 192, Robert L. Coleman.. (O'Herin, Bronwen) (Filed on 3/6/2024) |
| Filing 10 Proposed Order re #8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] by Alameda Contra Costa Transit District. (Lau, Wilson) (Filed on 3/4/2024) |
| Filing 9 MOTION to Dismiss Second Amended Complaint filed by Amalgamated Transit Union, Local 192, Robert L. Coleman. Motion to Dismiss Hearing set for 4/22/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor. Responses due by 3/22/2024. Replies due by 4/5/2024. (Attachments: #1 Request for Judicial Notice, #2 Declaration in Support of Request for Judicial Notice, #3 (Proposed) Order Granting Defendants' Motion to Dismiss)(Chan, Connie) (Filed on 3/1/2024) |
| Filing 8 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT [FRCP 12(b)(6)] filed by Alameda Contra Costa Transit District. Motion to Dismiss Hearing set for 4/22/2024 09:30 AM in San Francisco, Courtroom C, 15th Floor. Responses due by 3/22/2024. Replies due by 4/5/2024. (Attachments: #1 Declaration DECLARATION OF WILSON LAU IN SUPPORT OF DEFENDANT ALAMEDA CONTRA COSTA TRANSIT DISTRICTS MOTION TO DISMISS)(Lau, Wilson) (Filed on 3/1/2024) |
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Filing 7
Order by Magistrate Judge Sallie Kim granting #6 Stipulation Extending Deadline and Setting Briefing Schedule. Motion Hearing set for 4/22/2024 at 9:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Sallie Kim. Opposition due by 3/22/2024. Replies due by 4/5/2024. (bxl, COURT STAFF) (Filed on 2/28/2024)
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| Filing 6 STIPULATION WITH PROPOSED ORDER filed by Alameda Contra Costa Transit District, Amalgamated Transit Union, Local 192, Robert L. Coleman. (Attachments: #1 Declaration of Bronwen Beseda O'Herin in Support of Stipulated Request to Extend the Briefing Schedule for Defendants' Motion(s) to Dismiss and Plaintiff's Corresponding Opposition, #2 Proposed Order re: Stipulated Request to Extend the Briefing Schedule for Defendants' Motion(s) to Dismiss and Plaintiff's Corresponding Opposition)(Chan, Connie) (Filed on 2/27/2024) |
| Filing 5 DEMAND for Trial by Jury by Danny Marshall. (Attachments: #1 Declaration Supporting Jury Demand, #2 Appearance of Counsel, #3 Plaintiff's ADR Cert., #4 Plaintiff's Declination of Magistrate Jurisdiction, #5 Certificate/Proof of Service Plaintiff's Cert. Svc. Apperance Form, Jury Demand, Declaration re Same, ADR Cert., Declination of Magistrate Jurisdiction)(Wolf, David) (Filed on 2/27/2024) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/13/2024. Initial Case Management Conference set for 5/20/2024 01:30 PM in San Francisco, Courtroom C, 15th Floor. (far, COURT STAFF) (Filed on 2/21/2024) |
| Filing 3 Case assigned to Magistrate Judge Sallie Kim. 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 3/5/2024. (as, COURT STAFF) (Filed on 2/20/2024) |
| Filing 2 FEE PAID (Filing fee$405,receipt number ACANDC-19140668). (Lau, Wilson) (Filed on 2/20/2024) |
| Filing 1 NOTICE OF REMOVAL OF ALAMEDA COUNTY SUPERIOR COURT CASE NO. 23CV031289 UNDER 28 U.S.C. 1441(a) (). Filed by Alameda Contra Costa Transit District. (Attachments: #1 Civil Cover Sheet)(Lau, Wilson) (Filed on 2/20/2024) |
| #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701] Re: #1 Notice of Removal filed by Alameda Contra Costa Transit District (as, COURT STAFF) (Filed on 2/20/2024) |
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