Arends et al v. Select Medical Corporation et al
| Jill Arends and Alexandra Armstrong |
| Select Employment Services, Inc., DOES 1 through 50, Inclusive and Select Medical Corporation |
| 3:2020cv06448 |
| September 14, 2020 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 11/12/2020 re #16 MOTION to Remand filed by Alexandra Armstrong, Jill Arends, and #12 MOTION to Dismiss filed by Select Medical Corporation, Select Employment Services, Inc. The Court heard oral argument and took the matter under submission. A written ruling will be issued.Total Time in Court: 21 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 11:12 - 11:33. Plaintiff Attorney: Joshua Robert Hendrickson and Mark Russell Thierman. Defendant Attorney: Ndubisi Anthony Ezeolu. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 11/12/2020) |
Filing 25
ORDER REGARDING HEARING 24 . Signed by Judge Vince Chhabria on 11/10/2020. (vclc1S, COURT STAFF) (Filed on 11/10/2020)
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| Filing 24 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 11/12/2020, 10:00 AM, by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be ide ntified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Tuesday, November 10, 2020, at 12:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 11/12/2020, 10:00 AM, by Videoconference Only before Judg e Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 11/9/2020) |
| Filing 23 NOTICE by Select Employment Services, Inc., Select Medical Corporation re #3 Notice (Other) of Non-Opposition to Notice of Pendency of other Action (Aragon, Juan) (Filed on 10/27/2020) |
| Filing 22 REPLY (re #16 MOTION to Remand ) filed byJill Arends, Alexandra Armstrong. (Hendrickson, Joshua) (Filed on 10/26/2020) |
| Filing 21 REPLY (re #12 MOTION to Dismiss ) filed bySelect Employment Services, Inc., Select Medical Corporation. (Aragon, Juan) (Filed on 10/26/2020) |
| Filing 20 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss ) filed byJill Arends, Alexandra Armstrong. (Attachments: #1 Certificate/Proof of Service)(Hendrickson, Joshua) (Filed on 10/19/2020) |
| Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Remand ) filed bySelect Employment Services, Inc., Select Medical Corporation. (Attachments: #1 Declaration of Juan A. Aragon, #2 Declaration of Sandra Pasillas, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Aragon, Juan) (Filed on 10/19/2020) |
| Reset Deadlines as to #12 MOTION to Dismiss . Motion Hearing set for 11/12/2020 10:00 AM in Videoconference Only before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 10/14/2020) |
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Filing 18
Order by Judge Vince Chhabria granting as modified #15 Stipulation to Extend Time to Respond to Defendants' Motion to Dismiss. The hearing on the motion to dismiss is continued to 11/12/2020.(vclc1S, COURT STAFF) (Filed on 10/9/2020)
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| Filing 17 CLERK'S NOTICE RESCHEDULING THE HEARING RE #16 MOTION to Remand . The motion was filed for a hearing date that is not in compliance with the Local Rules of this court. The hearing is rescheduled to be in compliance. The change in hearing date does not change the briefing schedule as set by the Local Rules upon filing of the motion. Motion Hearing set for 11/12/2020, 10:00 AM, before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 10/6/2020) |
| Filing 16 MOTION to Remand filed by Jill Arends, Alexandra Armstrong. Motion Hearing set for 11/5/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 10/19/2020. Replies due by 10/26/2020. (Attachments: #1 Exhibit A - Pls Opp to Def Mtn to Transfer, #2 Exhibit B - Order Denying Mtn to Transfer, #3 Exhibit C - Def Response to Pls RFA, #4 Exhibit D - Complaint, #5 Exhibit E - Def Notice of Removal)(Buck, Joshua) (Filed on 10/5/2020) |
| Filing 15 STIPULATION WITH PROPOSED ORDER to Extend Time of Respond to Defendants' Motion to Dismiss filed by Jill Arends, Alexandra Armstrong. (Attachments: #1 Declaration of Joshua R. Hendrickson iso Stip to Extend Time, #2 Proposed Order Granting Stip to Extend Time)(Buck, Joshua) (Filed on 10/2/2020) |
| Filing 14 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 12/8/2020. Initial Case Management Conference set for 12/15/2020, 02:00 PM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is re quired of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, December 10, 2020, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/8/2020. Initial Case Management Conference set for 12/15/2020, 02:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 9/23/2020) |
| Filing 13 Correction of Opposition/Response or Reply Deadlines pertaining to #12 MOTION to Dismiss (Reason: Correcting an error) filed bySelect Employment Services, Inc., Select Medical Corporation. Responses due by 10/5/2020. Replies due by 10/13/2020. (Aragon, Juan) (Filed on 9/22/2020) |
| Filing 12 MOTION to Dismiss filed by Select Employment Services, Inc., Select Medical Corporation. Motion Hearing set for 11/5/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 10/16/2020. Replies due by 10/22/2020. (Attachments: #1 Request for Judicial Notice in support, #2 Declaration of Juan A. Aragon in support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Aragon, Juan) (Filed on 9/21/2020) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore 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 9/21/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/21/2020)
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| Filing 10 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. (amgS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Select Employment Services, Inc., Select Medical Corporation.. (Aragon, Juan) (Filed on 9/21/2020) |
| Filing 8 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 12/8/202 0. Initial Case Management Conference set for 12/15/2020 01:30 PM. (anjS, COURT STAFF) (Filed on 9/16/2020) |
| Filing 7 Certificate of Interested Entities by Select Employment Services, Inc., Select Medical Corporation identifying Corporate Parent Select Medical Holdings Corporation for Select Employment Services, Inc., Select Medical Corporation. re Electronic Filing Error,, (Aragon, Juan) (Filed on 9/15/2020) |
| Filing 6 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 9/29/2020. (mbcS, COURT STAFF) (Filed on 9/15/2020) |
| Filing 5 CERTIFICATE OF SERVICE by Select Employment Services, Inc., Select Medical Corporation re #3 Notice (Other) of pendency of other action (Aragon, Juan) (Filed on 9/15/2020) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Certificate of Interested Entities. 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: #2 Notice (Other) filed by Select Medical Corporation, Select Employment Services, Inc. (bnsS, COURT STAFF) (Filed on 9/15/2020) |
| Filing 4 CERTIFICATE OF SERVICE by Select Employment Services, Inc., Select Medical Corporation re #1 Notice of Removal, #3 Notice (Other), #2 Notice (Other) (Aragon, Juan) (Filed on 9/14/2020) |
| Filing 3 NOTICE of Pendency of Other Action by Select Employment Services, Inc., Select Medical Corporation (Aragon, Juan) (Filed on 9/14/2020) Modified on 9/15/2020 (bnsS, COURT STAFF). |
| Filing 2 NOTICE by Select Employment Services, Inc., Select Medical Corporation (of Interested Parties) (Aragon, Juan) (Filed on 9/14/2020) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from Superior Court of California, County of Alameda. Their case number is RG19047456. (Filing fee $400 receipt number 0971-14939126). Filed bySelect Employment Services, Inc., Select Medical Corporation. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Juan A. Aragon, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F (part 1 of 2), #9 Exhibit F (part 2 of 2))(Aragon, Juan) (Filed on 9/14/2020) Modified on 9/16/2020 (anjS, COURT STAFF). |
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