Ebony Byrd v. M.A.C. Cosmetics Inc et al
| Ebony Byrd |
| M.A.C. Cosmetics Inc. and 1-50 Does |
| 3:2024cv01639 |
| March 15, 2024 |
| US District Court for the Northern District of California |
| Peter H Kang |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 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 6/6/2024. Initial Case Management Conference set for 6/13/2024 10:30 AM. (mcl, COURT STAFF) (Filed on 3/15/2024) |
| Filing 38 Case transferred in from District of California Central; Case Number 2:23-cv-06720. Original file certified copy of transfer order and docket sheet received. |
| Filing 37 MINUTES OF DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A DISCRETIONARY STAY, PURSUANT TO THE FIRST-TO-FILE RULE #31 Hearing held before Judge George H Wu. The Court's Tentative Ruling on Defendant's Motion #31 was issued on March 13, 2024 #36 . Oral argument is held. The Tentative Ruling is adopted as the Court's Final Ruling. The Court concludes that application of the first-to-file rule is appropriate here, but also that a transfer as opposed to a stay, and certainly as opposed to a dismissal to the Northern District of California is the most appropriate outcome. (Made JS-6. Case Terminated.) Court Reporter: Terri A. Hourigan. (aco) |
| Filing 36 MINUTES IN CHAMBERS - TENTATIVE RULING ON DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A DISCRETIONARY STAY, PURSUANT TO THE FIRST-TO-FILE RULE #31 by Judge George H Wu. Attached hereto is the Court's Tentative Ruling on Defendant's Motion #31 set for hearing on March 14, 2024 at 8:30 a.m. (aco) |
| Filing 35 TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: The parties are advised that the MOTION HEARING #31 , set for Thursday, March 14, 2024 at 8:30 a.m. will be held in-person. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Emily Julia Atherton counsel for Defendant M.A.C. Cosmetics Inc. Adding Emily J. Atherton as counsel of record for M.A.C. Cosmetics Inc. for the reason indicated in the G-123 Notice. Filed by Defendant M.A.C. Cosmetics Inc.. (Attorney Emily Julia Atherton added to party M.A.C. Cosmetics Inc(pty:dft))(Atherton, Emily) |
| Filing 33 REPLY in further support NOTICE OF MOTION AND MOTION to Dismiss Case #31 Reply Memorandum Of Points And Authorities In Further Support Of Defendant's Motion To Dismiss Plaintiff's Complaint filed by Defendant M.A.C. Cosmetics Inc. (Ye, Susan) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #31 filed by Plaintiff Ebony Byrd. (Boal, Aaron) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant M.A.C. Cosmetics Inc. Motion set for hearing on 3/14/2024 at 08:30 AM before Judge George H Wu. (Attachments: #1 Memorandum, #2 Declaration of Allison S. Wallin in Support of Motion to Dismiss or, in the Alternative, Motion for a Discretionary Stay, Pursuant to the First to File Rule, #3 Exhibit A to Declaration of Allison Wallin (true and correct copy of the case initiating documents served upon Defendant), #4 Exhibit B to Declaration of Allison S. Wallin (Complaint), #5 Exhibit C to Declaration of Allison S. Wallin (First Amended Class Action Complaint), #6 Exhibit D to Declaration of Allison S. Wallin (Second Amended Class Action Complaint), #7 Proposed Order) (Wallin, Allison) |
| Filing 30 MINUTES OF Telephonic Status Conference held before Judge George H Wu: Case is called and appearances made. Court confers with counsel. Defense counsel to file their Motion to Dismiss within the next three weeks. Court Reporter: Terri A. Hourigan. Attorney for Plaintiff: Aaron Boal. Attorney for Defendant: Allison S. Wallin. Courtroom Deputy: Lynnie Fahey. Time in Court: 3 minutes (lfa) |
| Filing 29 First NOTICE of Appearance filed by attorney Aaron David Boal on behalf of Plaintiff Ebony Byrd (Attorney Aaron David Boal added to party Ebony Byrd(pty:pla))(Boal, Aaron) |
| Filing 28 TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: Counsel may appear telephonically for the SCHEDULING CONFERENCE set on Monday, January 22, 2024 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 27 JOINT REPORT of Scheduling Report filed by Plaintiff Ebony Byrd. (Boal, Aaron) |
| Filing 26 Notice of Pendency of Other Action filed by Defendant M.A.C. Cosmetics Inc. (Attachments: #1 Exhibit A - Plaintiff's Second Amended Complaint)(Ye, Susan) |
| Filing 25 NOTICE of Appearance filed by attorney Susan Tianyang Ye on behalf of Defendant M.A.C. Cosmetics Inc (Attorney Susan Tianyang Ye added to party M.A.C. Cosmetics Inc(pty:dft))(Ye, Susan) |
| Filing 24 NOTICE of Appearance filed by attorney Nathaniel H Jenkins on behalf of Defendant M.A.C. Cosmetics Inc (Attorney Nathaniel H Jenkins added to party M.A.C. Cosmetics Inc(pty:dft))(Jenkins, Nathaniel) |
Filing 23
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H Wu. The Court hereby orders that the request of Defendant M.A.C. Cosmetics Inc. to substitute Allison S. Wallin as attorney of record instead of Jennifer B. Zargarof and Julianne Park is hereby GRANTED.; granting #22 Request to Substitute Attorney. (aco)
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| Filing 22 REQUEST TO SUBSTITUTE ATTORNEY Allison S. Wallin in place of attorney Jennifer B. Zargarof Request for Approval of Substitution or Withdrawal of Counsel filed by Defendant M.A.C. Cosmetics Inc. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON REQUEST FOR) (Wallin, Allison) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: REQUEST TO SUBSTITUTE ATTORNEY Allison S. Wallin in place of attorney Jennifer B. Zargarof Request for Approval of Substitution or Withdrawal of Counsel #19 by Judge George H Wu. Docket No. 19 is stricken for the reason(s) stated in the Notice #20 filed on December 26, 2023. (See document for further details). (aco) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: REQUEST TO SUBSTITUTE ATTORNEY Allison S. Wallin in place of attorney Jennifer B. Zargarof Request for Approval of Substitution or Withdrawal of Counsel #19 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. A completed Form G-01 ORDER (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY was not attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 19 [DOCUMENT STRICKEN PER ORDER ON 12/6/2023, SEE DOC NO. 21] REQUEST TO SUBSTITUTE ATTORNEY Allison S. Wallin in place of attorney Jennifer B. Zargarof Request for Approval of Substitution or Withdrawal of Counsel filed by Defendants M.A.C. Cosmetics Inc. (Attorney Allison S Wallin added to party M.A.C. Cosmetics Inc(pty:dft)) (Wallin, Allison) Modified on 12/26/2023 (aco). |
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Filing 18
ORDER GRANTING JOINT STIPULATION TO FURTHER CONTINUE SCHEDULING CONFERENCE AND DEADLINE TO FILE JOINT RULE 26(f) REPORT by Senior District Judge George H Wu. The Court ORDERS as follows: 1. The Scheduling Conference in the Instant Action currently set for November 20, 2023, shall be continued 60 days to: January 22, 2024 at 8:30 a.m. and the deadline for the Joint 26(f) Report shall be reset for January 16, 2024. There will be no further continuances of the Rule 26(f) scheduling conference. RE: Stipulation to Continue #17 . (aco)
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| Filing 17 STIPULATION to Continue Scheduling Conference from November 20, 2023 to January 19, 2024 filed by defendant M.A.C. Cosmetics Inc. (Attachments: #1 Proposed Order)(Park, Julianne) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Courtney Marisa Miller counsel for Plaintiff Ebony Byrd. Courtney Marisa Miller is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Ebony Byrd. (Miller, Courtney) |
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Filing 15
ORDER GRANTING JOINT STIPULATION TO FURTHER CONTINUE SCHEDULING CONFERENCE AND DEADLINE TO FILE JOINT RULE 26(f) REPORT by Judge George H. Wu. The Court ORDERS as follows: 1. The Scheduling Conference in the Instant Action currently set for October 30, 2023, shall be continued 21 days to: November 20, 2023, at 8:30 a.m. and the deadline for the Joint 26(f) Report shall be reset for November 15, 2023. RE: Stipulation to Continue Scheduling Conference, #14 . (aco)
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| Filing 14 STIPULATION to Continue Scheduling Conference and Deadline to File Joint Rule 26(f) Report from October 30, 2023, and October 25, 2023, respectively to 21 days after the current dates filed by Plaintiff Ebony Byrd. (Attachments: #1 Proposed Order)(Miller, Courtney) |
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Filing 13
ORDER GRANTING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND DEADLINE TO FILE JOINT RULE 26(f) REPORT by Judge George H. Wu. The Court ORDERS as follows: 1. The Scheduling Conference in the Instant Action currently set for September 28, 2023, shall be continued approximately 30 days to: October 30, 2023 at 8:30 a.m. and the deadline for the Joint 26(f) Report shall be reset for October 25, 2023. (aco)
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| Filing 12 STIPULATION to Continue Scheduling Conference and Deadline to File Joint Rule 26(f) Report from September 28, 2023, and September 21, 2023, respectively to approximately 30 days after the current dates Re: Initial Order Setting R26 Scheduling Conference - form only, #10 filed by Plaintiff Ebony Byrd. (Attachments: #1 Proposed Order)(Miller, Courtney) |
| Filing 11 PROOF OF SERVICE filed by Defendant M.A.C. Cosmetics Inc, Notice to State Court and Plaintiff of Removal of Action to Federal Court; Notice of Case Assignment (Dkt 4) & Other Case-Initiating Documents served on 8/18/23 & 8/22/23. (Zargarof, Jennifer) |
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Filing 10
MINUTES IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for September 28, 2023 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than September 21, 2023. See Local Rule 26-1. (aco)
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Filing 9
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 8 AMENDED CIVIL COVER SHEET filed by Defendant M.A.C. Cosmetics Inc. (Zargarof, Jennifer) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Civil Cover Sheet (CV-71) #2 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Charles F. Eick. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, M.A.C. Cosmetics Inc. Jury Demanded, filed by Plaintiff Ebony Byrd. FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/11/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint filed by Defendant M.A.C. Cosmetics Inc. FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 8/15/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES filed by Defendant M.A.C. Cosmetics Inc identifying The Estee Lauder Companies Inc. as Corporate Parent. (Zargarof, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed by Defendant M.A.C. Cosmetics Inc. (Zargarof, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 23STCV16114 Receipt No: ACACDC-35868407 - Fee: $402, filed by Defendant M.A.C. Cosmetics Inc. (Attachments: #1 Exhibit A - Summons, Complaint, etc., #2 Exhibit B - Notice of Initial Status Conference, #3 Exhibit C - Answer, #4 Declaration of Julianne Park) (Attorney Jennifer B Zargarof added to party M.A.C. Cosmetics Inc(pty:dft))(Zargarof, Jennifer) |
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