Bautista et al v. Juul Labs, Inc. et al
| Salvadora Correa, Luz Perez Bautista and Maria de la Luz Perez Bautista |
| David M. Ho, Long Ying International, Inc., Juul Labs, Inc. and Coalition For Reasonable Vaping Regulation |
| 4:2020cv01613 |
| March 4, 2020 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Labor: Fair Standards |
| 29 U.S.C. § 206 |
| None |
Docket Report
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| #Electronic filing error. Document not properly linked. [err102] NOTE: for future reference, please submit proposed orders as an attachment to the motions and not as a separa te filing. Corrected by Clerk's Office. No further action is necessary Re: #34 Motion to Compel Arbitration and Stay Proceedings and #36 Proposed Order filed by Long Ying International, Inc.; #37 Motion to Compel Arbitration and Stay Proceedings and #38 Proposed Order filed by Juul Labs, Inc. (jlmS, COURT STAFF) (Filed on 5/1/2020) |
| Filing 39 NOTICE of Joinder re #34 Motion to Compel Arbitration and Stay Proceedings and #37 Motion to Compel Arbitration and Stay Proceedings by Coalition For Reasonable Vaping Regulation (Hertz, Bradley) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 38 Proposed Order re #37 Motion to Compel Arbitration and Stay Proceedings by Juul Labs, Inc.. (Lipshutz, Joshua) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 37 MOTION to Compel Arbitration and Stay Proceedings filed by Juul Labs, Inc.. Motion Hearing set for 6/25/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/14/2020. Replies due by 5/21/2020. (Lipshutz, Joshua) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 36 Proposed Order re #34 Motion to Compel Arbitration and Stay Proceedings by Long Ying International, Inc.. (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 35 Declaration of David M. Ho in Support of #34 Motion to Compel Arbitration and Stay Proceedings, filed by Long Ying International, Inc.. (Related document(s) #34 ) (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 34 MOTION to Compel Arbitration and Stay Proceedings filed by Long Ying International, Inc.. Responses due by 5/14/2020. Replies due by 5/21/2020. (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 33 Certificate of Interested Entities by David M. Ho (Prather, Edwin) (Filed on 4/30/2020) |
| Filing 32 NOTICE of Appearance of Edwin Ken Prather and Sybil L. Renick as Counsel, filed by David M. Ho (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 31 NOTICE of Corporate Disclosure Statement and Certification of Interested Entities or Persons, filed by Long Ying International, Inc.. (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 30 NOTICE of Appearance of Edwin Ken Prather and Sybil L. Renick as Counsel, filed by Long Ying International, Inc.. (Prather, Edwin) (Filed on 4/30/2020) Modified on 5/1/2020 (jlmS, COURT STAFF). |
| Filing 29 Corporate Disclosure Statement and Certification of Interested Persons (None Other Than Named Parties, filed by Coalition For Reasonable Vaping Regulation (Hertz, Bradley) (Filed on 4/13/2020) Modified on 4/14/2020 (jlmS, COURT STAFF). |
| Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Salvadora Correa (Kaufmann, Aaron) (Filed on 4/6/2020) Modified on 4/7/2020 (jlmS, COURT STAFF). |
| #Electronic filing error. REMINDER: Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future fili ngs (4:20-CV-1613-HSG). Re: #26 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options filed by Maria de la Luz Perez Bautista, #27 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options filed by Luz Perez Bautista. (cjlS, COURT STAFF) (Filed on 3/31/2020) |
| Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options of Plaintiff Luz Perez Bautista (Kaufmann, Aaron) (Filed on 3/30/2020) |
| Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options of plaintiff Maria de la Luz Bautista Perez (Kaufmann, Aaron) (Filed on 3/30/2020) |
| Filing 25 STIPULATION to Extend Time for Defendants to Respond to Complaint Pursuant to L.R. 6-1 filed by Juul Labs, Inc., Luz Perez Bautista, Maria de la Luz Perez Bautista, Coalition for Reasonable Vaping Regulation, Salvadora Correa. (Lipshutz, Joshua) (Filed on 3/26/2020) Modified on 3/27/2020 (cjlS, COURT STAFF). |
| Filing 24 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for June 2, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by May 26th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-01613-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/25/2020) |
| Filing 23 NOTICE of Appearance of Bradley William Hertz and James Ross Sutton by Bradley William Hertz. (Hertz, Bradley) (Filed on 3/25/2020) Modified on 3/26/2020 (cjlS, COURT STAFF). |
Filing 22
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by the Clerk on 03/25/2020. (ajsS, COURT STAFF) (Filed on 3/25/2020)
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| Filing 21 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. (dtmS, COURT STAFF) (Filed on 3/24/2020) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Juul Labs, Inc... (Lipshutz, Joshua) (Filed on 3/24/2020) |
| Filing 19 Corporate Disclosure Statement by Juul Labs, Inc. and Certification of Interested Entities (Lipshutz, Joshua) (Filed on 3/24/2020) |
| Filing 18 NOTICE of Appearance by Joshua Seth Lipshutz Counsel for Defendant JUUL Labs, Inc. (Lipshutz, Joshua) (Filed on 3/24/2020) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Luz Perez Bautista, Maria de la Luz Perez Bautista, Salvadora Correa.. (Kaufmann, Aaron) (Filed on 3/24/2020) |
| Filing 16 SUMMONS Returned Executed by Maria de la Luz Perez Bautista, Salvadora Correa, Luz Perez Bautista. Coalition For Reasonable Vaping Regulation served on 3/12/2020, answer due 4/2/2020. (Kaufmann, Aaron) (Filed on 3/19/2020) |
| Filing 15 SUMMONS Returned Executed by Maria de la Luz Perez Bautista, Salvadora Correa, Luz Perez Bautista. Juul Labs, Inc. served on 3/10/2020, answer due 3/31/2020. (Kaufmann, Aaron) (Filed on 3/19/2020) |
| Filing 14 NOTICE of Appearance by Giselle Olmedo on behalf of Plaintiffs (Olmedo, Giselle) (Filed on 3/10/2020) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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 3/24/2020. (dtmS, COURT STAFF) (Filed on 3/10/2020) |
| Filing 12 Summons Issued as to Coalition For Reasonable Vaping Regulation, David M. Ho, Juul Labs, Inc., Long Ying International, Inc.. (jjbS, COURT STAFF) (Filed on 3/9/2020) |
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Filing 11
ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/26/2020. Initial Case Management Conference set for 6/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Judge Kandis A. Westmore on 3/9/20. (dtmS, COURT STAFF) (Filed on 3/9/2020)
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| Filing 10 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 5/ 26/2020. Initial Case Management Conference set for 6/2/2020 01:30 PM. (jjbS, COURT STAFF) (Filed on 3/9/2020) |
| Filing 9 NOTICE of Appearance by George Alejandro Warner (Warner, George) (Filed on 3/9/2020) |
| Filing 8 NOTICE of Appearance by Carole Vigne (Vigne, Carole) (Filed on 3/9/2020) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Kandis A. Westmore for all further proceedings. Judge William H. Orrick no longer assigned to case, clerical error case not part of MDL Juul.. Signed by Clerk on 3/6/20. (as, COURT STAFF) (Filed on 3/6/2020)
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| Filing 6 Case assigned to Judge William H. Orrick. 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. (bwS, COURT STAFF) (Filed on 3/4/2020) |
| FILED IN ERROR. PLEASE IGNORE. DIRECT FILED MEMBER CASE OPENED MDL 2913: Bautista, et al v. Juul Labs, Inc., Opened in California Northern District as 3:20-cv-01613-WHO. cc: JPMDL (wsnS, COURT STAFF) (Filed on 3/4/2020) Modified on 3/6/2020 (wsnS, COURT STAFF). |
| Filing 5 Proposed Summons. (Kaufmann, Aaron) (Filed on 3/4/2020) |
| Filing 4 Proposed Summons. (Kaufmann, Aaron) (Filed on 3/4/2020) |
| Filing 3 Proposed Summons. (Kaufmann, Aaron) (Filed on 3/4/2020) |
| Filing 2 Proposed Summons. (Kaufmann, Aaron) (Filed on 3/4/2020) |
| Filing 1 COMPLAINT, Putative Class Action and Collective Action for Damages for: (1) Failure to Pay Wages Owed at Separation, Calif. Labor Code Sections 201, 203; (2) Failure to Furnish Accurate Wage Statements, Calif. Labor Code Section 226; (3) Failure to Pay Minimum Wages Under California Law, Calif. Labor Code Sections 1194, 1194.2; (4) Failure to Pay San Francisco Minimum Wage, S.F. Admin Code Section 12R; (5) Failure to Pay Overtime Wages, Calif. Labor Code Sections 510, 1194; (6) Failure to Reimburse Business Expenses, Calif. Labor Code Section 2802; (7) Failure to Provide Meal Periods, Calif. Labor Code Sections 226.7, 512; (8) Violations of Unfair Competition Law, Calif. Bus. & Profs. Code Section 17200 et seq.; (9) Failure to Pay Overtime Wages, FLSA, 29 U.S.C. Section 207 against All Defendants, (Filing Fee: $400.00, receipt number 0971-14246649). Filed by Maria de la Luz Perez Bautista, Salvadora Correa, Luz Perez Bautista. (Attachments: #(1) Civil Cover Sheet)(Kaufmann, Aaron) (Filed on 3/4/2020) Modified on 3/6/2020 (tnS, COURT STAFF). |
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