Hemberger v. Safeway, Inc.
Plaintiff: Jeffrey Hemberger
Defendant: Safeway, Inc.
Case Number: 4:2018cv04252
Filed: July 16, 2018
Court: US District Court for the Northern District of California
Office: Oakland Office
County: Alameda
Presiding Judge: Yvonne Gonzalez Rogers
Referring Judge: Kandis A Westmore
Nature of Suit: Labor: Other
Cause of Action: 29 U.S.C. § 185
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2018 Filing 19 REPLY (re #10 First MOTION to Remand ) Plaintiff's Reply to Opposition to Motion to Remand filed byJeffrey Hemberger. (Kitta, John) (Filed on 8/24/2018)
August 22, 2018 Filing 18 CLERK'S NOTICE Continuing Motion Hearing., Set/Reset Deadlines as to #4 MOTION to Dismiss. Motion to Dismiss Hearing set for 9/18/2018 is CONTINUED to 9/25/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry (fs, COURT STAFF) (Filed on 8/22/2018)
August 20, 2018 REMINDER: Counsel are instructed that all future filings shall bear the initials YGR immediately after the case number instead of KAW Re: #16 Reply to Opposition/Response filed by Safeway, Inc. (cpS, COURT STAFF) (Filed on 8/20/2018)
August 17, 2018 Filing 17 OPPOSITION/RESPONSE (re #10 First MOTION to Remand ) filed bySafeway, Inc.. (Attachments: #1 Declaration)(Rice, Eileen) (Filed on 8/17/2018)
August 17, 2018 Filing 16 REPLY (re #4 MOTION to Dismiss ) filed bySafeway, Inc.. (Rice, Eileen) (Filed on 8/17/2018)
August 15, 2018 Filing 15 NOTICE of Appearance by Eileen M. Rice for Defendant Safeway Inc. (Rice, Eileen) (Filed on 8/15/2018)
August 13, 2018 Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/29/2018. Initial Case Management Conference set for MONDAY, 11/5/2018 02:00 PM before Judge Hon. Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 8/13/2018)
August 10, 2018 Filing 13 OPPOSITION/RESPONSE (re #4 MOTION to Dismiss ) filed byJeffrey Hemberger. (Kitta, John) (Filed on 8/10/2018)
August 10, 2018 Filing 12 Supplemental Brief re #10 First MOTION to Remand filed byJeffrey Hemberger. (Related document(s) #10 ) (Kitta, John) (Filed on 8/10/2018)
August 6, 2018 Per docket #11 . Set/Reset Deadlines as to #4 MOTION to Dismiss . Motion Hearing set for 9/18/2018 02:00 PM before Judge Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 8/6/2018)
August 3, 2018 Filing 11 Renotice motion hearing re #4 MOTION to Dismiss filed bySafeway, Inc.. (Related document(s) #4 ) (Iezza, Mark) (Filed on 8/3/2018)
August 3, 2018 Filing 10 First MOTION to Remand filed by Jeffrey Hemberger. Motion Hearing set for 9/25/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 8/17/2018. Replies due by 8/24/2018. (Attachments: #1 Declaration of Gary Lundry in Support of Motion to Remand and Exhibits, #2 Proposed Order re: Motion to Remand)(Kitta, John) (Filed on 8/3/2018)
August 3, 2018 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/3/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 8/3/2018)
August 3, 2018 Filing 8 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. (sisS, COURT STAFF) (Filed on 8/3/2018)
August 2, 2018 Filing 7 DECLINATION to Proceed Before a US Magistrate Judge by Safeway, Inc. (Iezza, Mark) (Filed on 8/2/2018) Modified on 8/2/2018 (jmlS, COURT STAFF).
August 1, 2018 Filing 6 CONSENT to Proceed Before a US Magistrate Judge by Jeffrey Hemberger. (Kitta, John) (Filed on 8/1/2018) Modified on 8/1/2018 (jmlS, COURT STAFF).
July 26, 2018 Filing 5 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 8/2/2018. (sisS, COURT STAFF) (Filed on 7/26/2018)
July 23, 2018 Filing 4 MOTION to Dismiss filed by Safeway, Inc.. Motion Hearing set for 9/20/2018 01:30 PM in Oakland, Chambers before Magistrate Judge Kandis A. Westmore. Responses due by 8/13/2018. Replies due by 8/20/2018. (Attachments: #1 Memorandum of Points and Authorities)(Iezza, Mark) (Filed on 7/23/2018)
July 16, 2018 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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 10 /9/2018. Initial Case Management Conference set for 10/16/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 7/16/2018)
July 16, 2018 Filing 2 Case assigned to Magistrate Judge Kandis A. Westmore. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/30/2018. (jmlS, COURT STAFF) (Filed on 7/16/2018)
July 16, 2018 Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG18906812. (Filing fee $400 receipt number 0971-12514725). Filed bySafeway, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Certificate/Proof of Service, #4 Certificate/Proof of Service)(Klein, Jonathan) (Filed on 7/16/2018)
July 16, 2018 #Electronic filing error. Incorrect event used. [err101] Name of Interested Entities must be entered. Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[1-3] Certificate/Proof of Service, filed by Safeway, Inc. (jmlS, COURT STAFF) (Filed on 7/16/2018)

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Defendant: Safeway, Inc.
Represented By: Jonathan Allan Klein
Represented By: Mark Patrick Iezza
Represented By: Eileen M. Rice
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Plaintiff: Jeffrey Hemberger
Represented By: Gary Francis Lundry
Represented By: John Noah Kitta
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