Neky v. Costco Wholesale Corporation
Plaintiff: Michael Neky
Defendant: Costco Wholesale Corporation
Case Number: 3:2019cv03781
Filed: June 28, 2019
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Referring Judge: Donna M Ryu
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2019 Filing 20 NOTICE of Appearance by Bradley James Swingle Richard D. Moths (Swingle, Bradley) (Filed on 8/26/2019)
August 22, 2019 Filing 19 NOTICE of Change of Address by Donald P. Gagliardi dated 08-22-19 (Attachments: #1 Certificate/Proof of Service)(Gagliardi, Donald) (Filed on 8/22/2019)
August 19, 2019 Filing 18 CERTIFICATE OF SERVICE by Michael Neky re #17 Case Management Scheduling Order, (Swingle, Bradley) (Filed on 8/19/2019)
August 16, 2019 Opinion or Order Filing 17 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 10/29/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 10/22/2019. Signed by Judge William H. Orrick on 08/16/2019. (jmdS, COURT STAFF) (Filed on 8/16/2019)
August 16, 2019 Filing 16 CLERK'S NOTICE - Reset Deadlines as to #6 First MOTION to Remand Removed Action. Motion Hearing reset for 9/25/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 8/16/2019)
August 16, 2019 Filing 15 Renotice motion hearing re #6 First MOTION to Remand Removed Action filed byMichael Neky. (Related document(s) #6 ) (Swingle, Bradley) (Filed on 8/16/2019)
August 16, 2019 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Donna M. Ryu 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 the Clerk on 08/16/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 8/16/2019)
August 15, 2019 Filing 13 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. (ig, COURT STAFF) (Filed on 8/15/2019)
August 14, 2019 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Neky.. (Swingle, Bradley) (Filed on 8/14/2019)
August 9, 2019 Filing 11 OPPOSITION AND MEMORANDUM OF POINTS AND AUTHORITIES TO #6 First MOTION to Remand filed by Costco Wholesale Corporation. (Attachments: #1 Declaration of Arthur J. Casey in Opposition to Motion to Remand Action to State Court, #2 Proposed Order Denying Plaintiff's Motion to Remand Action to State Court)(Gagliardi, Donald) (Filed on 8/9/2019) Modified on 8/9/2019 (ajsS, COURT STAFF).
August 6, 2019 Filing 10 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 8/13/2019. (ig, COURT STAFF) (Filed on 8/6/2019)
July 29, 2019 Set/Reset Deadlines as to #6 First Motion to Remand Removed Action. Motion Hearing set for 9/26/2019 01:00 PM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 7/29/2019)
July 29, 2019 Filing 9 Renotice motion hearing re #6 First MOTION to Remand Removed Action filed byMichael Neky. (Related document(s) #6 ) (Swingle, Bradley) (Filed on 7/29/2019)
July 26, 2019 Filing 8 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 8/2/2019. (ig, COURT STAFF) (Filed on 7/26/2019).
July 26, 2019 Filing 7 CLERK'S NOTICE: Plaintiff's motion to remand #6 was noticed for hearing on a date that is not an available hearing date on Magistrate Judge Donna M. Ryu's calendar. The 9/12/2019 01:00 PM hearing date is VACATED. Plaintiff shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a) and Judge Ryu's Standing Order. The briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 7/26/2019)
July 26, 2019 Filing 6 First MOTION to Remand Removed Action filed by Michael Neky. Motion Hearing set for 9/12/2019 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 8/29/2019. Replies due by 9/5/2019. (Attachments: #1 Memorandum in Support of Motion to Remand Removed Action, #2 Declaration Declaration of Richard D. Moths in Support of Motion to Remand Removed Action, #3 Request for Judicial Notice in Support of Motion to Remand Removed Action, #4 Proposed Order [Proposed] Order Granting Motion to Remand Removed Action)(Swingle, Bradley) (Filed on 7/26/2019)
July 16, 2019 Filing 5 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. Consent/Declination due by 7/30/2019. (kcS, COURT STAFF) (Filed on 7/16/2019)
July 11, 2019 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Costco Wholesale Corporation.. (Gagliardi, Donald) (Filed on 7/11/2019)
July 1, 2019 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/25/2019. Initial Case Management Conference set for 10/2/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (ajsS, COURT STAFF) (Filed on 7/1/2019)
July 1, 2019 Answer to Removal Complaint by Costco Wholesale Corporation. (ajsS, COURT STAFF) (Filed on 7/1/2019)
June 28, 2019 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 7/12/2019. (ajsS, COURT STAFF) (Filed on 6/28/2019)
June 28, 2019 Filing 1 NOTICE OF REMOVAL BY DEFENDANT COSTCO WHOLESALE CORPORATION from San Mateo County Superior Court. Their case number is 19CIV00358. (No Process)(Filing fee $400 receipt number 0971-13477938). Filed byCostco Wholesale Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Gagliardi, Donald) (Filed on 6/28/2019) Modified on 7/1/2019 (ajsS, COURT STAFF).

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Plaintiff: Michael Neky
Represented By: Bradley James Swingle
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Defendant: Costco Wholesale Corporation
Represented By: Donald P. Gagliardi
Represented By: Arthur J. Casey
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