Biernacki v. Target Corporation
Plaintiff: Joanne Biernacki
Defendant: Target Corporation
Case Number: 4:2018cv07381
Filed: December 7, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2020 Filing 49 MANDATE of USCA as to #43 Notice of Appeal filed by Joanne Biernacki (jmlS, COURT STAFF) (Filed on 3/17/2020)
February 25, 2020 Opinion or Order Filing 48 ORDER of USCA - Appeal is dismissed for failure to prosecute as to #43 Notice of Appeal filed by Joanne Biernacki. (jmlS, COURT STAFF) (Filed on 2/25/2020)
December 17, 2019 Filing 47 Letter by Target Corporation re Withdrawing Bill of Costs. (Hamoy, Aimee) (Filed on 12/17/2019)
December 16, 2019 Filing 46 Letter from John A Fetto re withdrawing of Notice of appeal. (Fetto, John) (Filed on 12/16/2019)
December 6, 2019 Filing 45 ADMINISTRATIVE MOTION Leave To Address Bill of Costs re #40 Bill of Costs filed by Target Corporation. Responses due by 12/10/2019. (Attachments: #1 Declaration Declaration of Aimee Hamoy in support of Target Corporations Motion For Administrative Relief, #2 Proposed Order Proposed Order Granting Administrative Motion)(Hamoy, Aimee) (Filed on 12/6/2019)
November 27, 2019 Filing 44 USCA Case Number 19-17412 Ninth Circuit Court of Appals for #43 Notice of Appeal filed by Joanne Biernacki. (cjlS, COURT STAFF) (Filed on 11/27/2019)
November 27, 2019 Filing 43 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Joanne Biernacki. (Appeal fee of $505 receipt number 0971-13933463 paid.) (Fetto, John) (Filed on 11/27/2019)
November 27, 2019 #Electronic filing error. Incorrect event used. [err101] The correct event is Notice of Appeal. The correct event can be found at: Civil Events > Other Filings > Appeal Docum ents > Notice of Appeal. Please re-file in its entirety. Re: #42 Notice (Other) filed by Joanne Biernacki (jmlS, COURT STAFF) (Filed on 11/27/2019)
November 26, 2019 Filing 42 NOTICE to appeal by Joanne Biernacki (Fetto, John) (Filed on 11/26/2019) Modified on 11/27/2019 (jmlS, COURT STAFF).
November 14, 2019 Filing 41 CLERK'S NOTICE OF DEFICIENCY IN BILL OF COSTS. (dtmS, COURT STAFF) (Filed on 11/14/2019)
November 14, 2019 Filing 40 BILL OF COSTS by Target Corporation. Objections due by 11/29/2019. (Hamoy, Aimee) (Filed on 11/14/2019)
October 28, 2019 Filing 39 JUDGMENT. Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 10/28/2019. (dmrlc3, COURT STAFF) (Filed on 10/28/2019)
October 28, 2019 Opinion or Order Filing 38 Order by Magistrate Judge Donna M. Ryu granting #19 Motion for Summary Judgment. (dmrlc3, COURT STAFF) (Filed on 10/28/2019)
October 10, 2019 Filing 37 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Motion Hearing held on 10/10/2019 re #19 Defendant's Motion for Summary Judgment, motion is taken under submission. Court's written Order to follow. FTR Time: 1:11-1:31. Attachment: Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 10/10/2019)
October 10, 2019 Filing 36 PDF with attached Audio File. Court Date & Time [ 10/10/2019 1:11:17 PM ]. File Size [ 9584 KB ]. Run Time [ 00:19:58 ]. (courtspeak).
October 7, 2019 Opinion or Order Filing 35 ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting #34 Plaintiff's Motion to Appear by Telephone at the 10/10/2019 01:00 PM Motion Hearing. (ig, COURT STAFF) (Filed on 10/7/2019)
October 4, 2019 Filing 34 First MOTION to Appear by Telephone filed by Joanne Biernacki. (Attachments: #1 Proposed Order)(Fetto, John) (Filed on 10/4/2019)
October 2, 2019 Filing 33 Letter from John Fetto . (Fetto, John) (Filed on 10/2/2019)
September 30, 2019 Opinion or Order Filing 32 ORDER: Plaintiff's counsel submitted a unilateral request for a settlement conference. (Docket No. 31.) The letter does not indicate whether Defendant joins in the request, when the settlement conference ideally should take place, and whether the pending motion for summary judgment should be held in abeyance pending completion of the settlement conference. Counsel are ordered to meet and confer immediately, and to file a joint letter by 5:00 pm on October 2, 2019 setting forth their positions.Signed by Magistrate Judge Donna M. Ryu on 9/30/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 9/30/2019)
September 27, 2019 Filing 31 Letter from Law Offices of John A. Fetto . (Fetto, John) (Filed on 9/27/2019)
September 17, 2019 Filing 30 CLERK'S NOTICE: The hearing on Defendant's motion for summary judgment #19 is rescheduled for October 10, 2019, at 1:00 p.m, in the United States District Court, located at 1301 Clay Street, Oakland CA 94612. Plaintiff's administrative motion to continue the hearing #26 is terminated as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 9/17/2019)
September 11, 2019 Filing 29 OPPOSITION/RESPONSE (re #26 First MOTION to Continue Hearing on Motion for Summary Judgment ) filed byTarget Corporation. (Hamoy, Aimee) (Filed on 9/11/2019)
September 11, 2019 Filing 28 ERRATA re #19 First MOTION for Summary Judgment Notice of Errata in Declaration of Aimee G. Hamoy in Support of Target Corporatioin's Motion for Summary Judgment (DKT. 19-1) by Target Corporation. (Attachments: #1 Declaration Corrected Declaration of Aimee G. Hamoy in Support of Target Corporation's Motion for Summary Judgement)(Hamoy, Aimee) (Filed on 9/11/2019)
September 11, 2019 Filing 27 REPLY (re #19 First MOTION for Summary Judgment ) Defendant Target Corporation's Further Reply to Plaintiff's Late Filed Opposition to Defendant's Motion for Summary Judgment filed byTarget Corporation. (Hamoy, Aimee) (Filed on 9/11/2019)
September 5, 2019 Filing 26 First MOTION to Continue Hearing on Motion for Summary Judgment filed by Joanne Biernacki. (Attachments: #1 Declaration, #2 Proposed Order)(Fetto, John) (Filed on 9/5/2019) Modified on 9/6/2019 (cjlS, COURT STAFF).
September 4, 2019 Filing 25 REPLY (re #19 First MOTION for Summary Judgment ) filed by Target Corporation. (Hamoy, Aimee) (Filed on 9/4/2019) Modified on 9/5/2019 (jjbS, COURT STAFF).
September 4, 2019 Filing 24 OPPOSITION/RESPONSE (re #19 First MOTION for Summary Judgment ) filed byJoanne Biernacki. (Attachments: #1 Declaration Declaration of John A. Fetto, #2 Supplement, #3 Exhibit)(Fetto, John) (Filed on 9/4/2019)
August 21, 2019 Filing 23 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 8/21/2019. Close of Fact Discovery extended to 9/27/2019. Defendant may not file more than 1 Rule 56 motion. FTR Time: 2:48-2:55. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 8/21/2019)
August 21, 2019 Filing 22 PDF with attached Audio File. Court Date & Time [ 8/21/2019 2:48:22 PM ]. File Size [ 3600 KB ]. Run Time [ 00:07:30 ]. (courtspeak).
August 14, 2019 Filing 21 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Target Corporation and Joanne Biernacki. (Hamoy, Aimee) (Filed on 8/14/2019) Modified on 8/15/2019 (ajsS, COURT STAFF).
August 14, 2019 Filing 20 Request for Judicial Notice re #19 First MOTION for Summary Judgment filed byTarget Corporation. (Related document(s) #19 ) (Hamoy, Aimee) (Filed on 8/14/2019)
August 14, 2019 Filing 19 First MOTION for Summary Judgment filed by Target Corporation. Motion Hearing set for 9/26/2019 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 8/28/2019. Replies due by 9/4/2019. (Attachments: #1 Declaration DECLARATION OF AIMEE G. HAMOY IN SUPPORT OF TARGE CORPORATION'S MOTION FOR SUMMARY JUDGMENT, #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT TARGET CORORATION'S MOTION FOR SUMMARY JUDGMENT)(Hamoy, Aimee) (Filed on 8/14/2019)
April 4, 2019 Filing 18 CASE MANAGEMENT SCHEDULING AND PRETRIAL ORDER: See Order for all dates set by the court. (Attachments: #1 Trial Exhibit Markers)(ig, COURT STAFF) (Filed on 4/4/2019)
April 3, 2019 Filing 17 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 4/3/2019. Parties to participate in Private ADR which shall be held during the week of 7/15/2019. Updated Joint Case Management Statement due by 8/14/2019. Further Case Management Conference set for 8/21/2019 01:30 PM. Last day to hear dispositive motions on 11/14/2019 11:00 AM. Pretrial Conference set for 1/29/2020 03:00 PM, Jury Selection and Jury Trial (5 days) set for 2/10/2020 09:00 AM before Magistrate Judge Donna M. Ryu. FTR Time: 2:24-2:32. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 4/3/2019)
April 3, 2019 Filing 16 PDF with attached Audio File. Court Date & Time [ 4/3/2019 2:24:15 PM ]. File Size [ 3808 KB ]. Run Time [ 00:07:56 ]. (courtspeak).
March 26, 2019 Filing 15 JOINT STATUS REPORT Pursuant to FRCP 26 by Target Corporation and Joanne Biernacki. (Hamoy, Aimee) (Filed on 3/26/2019) Modified on 3/27/2019 (ajsS, COURT STAFF).
March 21, 2019 Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Fetto, John) (Filed on 3/21/2019)
March 20, 2019 Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hamoy, Aimee) (Filed on 3/20/2019)
March 14, 2019 Filing 12 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 3/14/2019)
February 25, 2019 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joanne Biernacki.. (Fetto, John) (Filed on 2/25/2019)
February 7, 2019 Filing 10 THIRD CLERK'S 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. (Plaintiff's Counsel also notified via telephone.) Consent/Declination due by 2/21/2019. (igS, COURT STAFF) (Filed on 2/7/2019)
January 22, 2019 Filing 9 SECOND CLERK'S NOTICE TO PLAINTIFF 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 2/5/2019. (ig, COURT STAFF) (Filed on 1/22/2019)
January 14, 2019 Filing 8 CLERK'S NOTICE: Notice is hereby given to all parties that the Initial Case Management Conference previously set for 3/20/2019 01:30 PM has been rescheduled to 4/3/2019 01:30 PM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. The Joint Case Management Statement is due no later than 3/27/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 1/14/2019)
January 14, 2019 Filing 7 PLEASE DISREGARD DOCKET ENTRY #7 , ATTACHED CLERK'S NOTICE ISSUED IN ERROR, SUPPOSEDLY INTENDED FOR A DIFFERENT CASE. SEE DOCKET ENTRY 8 INSTEAD. CLERK'S NOTICE: Notice is hereby given to all parties that the Initial Case Management Conference previously set for 3/20/2019 01:30 PM has been rescheduled to 4/3/2019 01:30 PM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. The Joint Case Management Statement is due no later than 3/27/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 1/14/2019) (igS, COURT STAFF). Modified on 1/14/2019 (ig, COURT STAFF).
January 2, 2019 Filing 6 CLERK'S NOTICE TO PLAINTIFF 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 1/16/2019. (ig, COURT STAFF) (Filed on 1/2/2019)
December 26, 2018 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Target Corporation.. (Hamoy, Aimee) (Filed on 12/26/2018)
December 10, 2018 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/13/2019. Initial Case Management Conference set for 3/20/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 12/10/2018)
December 7, 2018 Filing 3 Certificate of Interested Entities by Target Corporation (Hamoy, Aimee) (Filed on 12/7/2018)
December 7, 2018 Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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 12/21/2018. (cpS, COURT STAFF) (Filed on 12/7/2018)
December 7, 2018 Filing 1 NOTICE OF REMOVAL by Target Corporation from Alameda County. Their case number is RG18896144. (Filing fee $400 receipt number 0971-12909485). Filed byTarget Corporation. (Attachments: #1 Civil Cover Sheet)(Hamoy, Aimee) (Filed on 12/7/2018)

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Defendant: Target Corporation
Represented By: Aimee G. Hamoy
Represented By: Katrina R. Durek
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Plaintiff: Joanne Biernacki
Represented By: John Anthony Fetto
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