Esquivel v. Home Depot U.S.A., Inc.
Plaintiff: Hector Esquivel
Defendant: Home Depot U.S.A., Inc.
Case Number: 4:2020cv06999
Filed: October 7, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Jeffrey S White
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2021 Opinion or Order Filing 30 ORDER by Judge Jeffrey S. White granting #19 Motion for Leave to Proceed in forma pauperis. (jjoS, COURT STAFF) (Filed on 1/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 28, 2021 Opinion or Order Filing 29 ORDER SETTING PRETRIAL AND TRIAL DATES AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 1/28/21. Close of Expert Discovery due by 10/29/2021. Close of Fact Discovery due by 6/25/2021. Consent/Declination due by 2/19/2021. Opening Reports due by 8/6/2021. Rebuttal Reports due by 8/27/2021. Jury Selection set for 4/20/2022 08:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Jury Trial set for 4/25/2022 08:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Motion Hearing set for 1/21/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Pretrial Conference set for 4/4/2022 02:00 PM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 1/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 28, 2021 Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Home Depot U.S.A., Inc., Hector Esquivel. (Tolson, Zachary) (Filed on 1/28/2021) Modified on 1/28/2021 (cjlS, COURT STAFF).
January 26, 2021 Opinion or Order Filing 27 ORDER by Judge Jeffrey S. White granting #26 Motion for Withdrawal and Substitute Attorney For Hector Esquivel.. (jjoS, COURT STAFF) (Filed on 1/26/2021) Modified on 1/26/2021 (jjoS, COURT STAFF).Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 24, 2021 Filing 26 First MOTION to Substitute Attorney and Proposed Order filed by Hector Esquivel. (Kaplunovsky, Eliyahu) (Filed on 1/24/2021)
December 9, 2020 Filing 24 Answer (with jury demand) to #23 Amended Complaint by Home Depot U.S.A., Inc. (Tolson, Zachary) (Filed on 12/9/2020) Modified on 12/9/2020 (cjlS, COURT STAFF).
December 8, 2020 Filing 25 SUMMONS Returned Executed by Hector Esquivel. Home Depot U.S.A., Inc. served on 12/8/2020, answer due 12/29/2020. (cjlS, COURT STAFF) (Filed on 12/8/2020)
November 24, 2020 Filing 23 AMENDED COMPLAINT against Home Depot U.S.A., Inc.. Filed byHector Esquivel. (Kaplunovsky, Eliyahu) (Filed on 11/24/2020)
November 24, 2020 Opinion or Order Filing 22 ORDER by Judge Jeffrey S. White granting #21 Stipulation to Amend Complaint. (jjoS, COURT STAFF) (Filed on 11/24/2020)
November 24, 2020 #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re: [ 21] Stipulation to File Second Amended Complaint. (cjlS, COURT STAFF) (Filed on 11/24/2020)
November 23, 2020 Filing 21 STIPULATION WITH PROPOSED ORDER to File Second Amended Complaint filed by Hector Esquivel, Home Depot U.S.A., Inc. (Kaplunovsky, Eliyahu) (Filed on 11/23/2020) Modified on 11/24/2020 (cjlS, COURT STAFF).
November 5, 2020 Filing 20 [Proposed] Summons. (cjlS, COURT STAFF) (Filed on 11/5/2020)
November 5, 2020 Filing 19 MOTION for Leave to Proceed in forma pauperis filed by Hector Esquivel. (Attachments: #1 Proposed Order)(cjlS, COURT STAFF) (Filed on 11/5/2020)
November 5, 2020 Filing 18 AMENDED COMPLAINT against Home Depot U.S.A., Inc. Filed by Hector Esquivel. (Attachments: #1 Civil Cover Sheet)(cjlS, COURT STAFF) (Filed on 11/5/2020)
November 4, 2020 Filing 17 REPLY (re #11 MOTION to Dismiss ) filed byHome Depot U.S.A., Inc.. (Tolson, Zachary) (Filed on 11/4/2020)
October 22, 2020 Filing 16 CERTIFICATE OF SERVICE by Home Depot U.S.A., Inc. Re Order Setting Case Management Conference [Docket 15] (Tolson, Zachary) (Filed on 10/22/2020)
October 22, 2020 Opinion or Order Filing 15 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 10/22/20. Joint Case Management Statement due by 1/29/2021. Initial Case Management Conference set for 2/5/2021 11:00 AM in Telephone Conference Only.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III.(jjoS, COURT STAFF) (Filed on 10/22/2020)
October 22, 2020 Set/Reset Deadlines as to #11 MOTION to Dismiss . Motion Hearing set for 1/29/2021 09:00 AM in To Be Determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 10/22/2020)
October 21, 2020 Filing 14 Renotice motion hearing re #11 MOTION to Dismiss filed byHome Depot U.S.A., Inc.. (Related document(s) #11 ) (Tolson, Zachary) (Filed on 10/21/2020)
October 21, 2020 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Joseph C. Spero 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 Clerk on 10/21/20. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 10/21/2020)
October 14, 2020 Filing 12 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/21/2020. (klhS, COURT STAFF) (Filed on 10/14/2020)
October 14, 2020 Filing 11 MOTION to Dismiss filed by Home Depot U.S.A., Inc.. Motion Hearing set for 11/20/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 10/28/2020. Replies due by 11/4/2020. (Attachments: #1 Proposed Order)(Tolson, Zachary) (Filed on 10/14/2020)
October 13, 2020 Filing 10 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/27/2020. (klhS, COURT STAFF) (Filed on 10/13/2020)
October 13, 2020 Filing 9 PLEASE DISREGARD. FILED IN ERROR. CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 10/13/2020) Modified on 10/13/2020 (klhS, COURT STAFF).
October 13, 2020 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Home Depot U.S.A., Inc... (Tolson, Zachary) (Filed on 10/13/2020)
October 13, 2020 Filing 7 CERTIFICATE OF SERVICE by Home Depot U.S.A., Inc. re #6 Initial Case Management Scheduling Order with ADR Deadlines, (Tolson, Zachary) (Filed on 10/13/2020)
October 13, 2020 #Electronic filing error. Document filed in wrong case. [err401]Corrected by Clerk's Office. No further action is necessary. Re: #9 Clerk's Notice of Impending Reassignm ent PLEASE DISREGARD. (klhS, COURT STAFF) (Filed on 10/13/2020)
October 13, 2020 Set Deadlines/Hearings: Restores incorrectly terminated dates: Case Management Statement due by 1/1/2021. Initial Case Management Conference set for 1/8/2021 02:00 PM in Videoconference Only. (klhS, COURT STAFF) (Filed on 10/13/2020)
October 9, 2020 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/1/2021. Initial Case Management Conference set for 1/8/2021 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (jlgS, COURT STAFF) (Filed on 10/9/2020)
October 9, 2020 Filing 5 CERTIFICATE OF SERVICE by Home Depot U.S.A., Inc. re #3 Certificate of Interested Entities, #1 Notice of Removal, #2 Certificate of Interested Entities (Tolson, Zachary) (Filed on 10/9/2020)
October 8, 2020 Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. 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 10/22/2020. (haS, COURT STAFF) (Filed on 10/8/2020)
October 7, 2020 Filing 3 Certificate of Interested Entities by Home Depot U.S.A., Inc. identifying Other Affiliate Home Depot U.S.A., Inc. for Home Depot U.S.A., Inc.. (Tolson, Zachary) (Filed on 10/7/2020)
October 7, 2020 Filing 2 Corporate Disclosure Statement by Home Depot U.S.A., Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc.. (Tolson, Zachary) (Filed on 10/7/2020)
October 7, 2020 Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is HG20066858. (Filing fee $400 receipt number 0971-15036774). Filed byHome Depot U.S.A., Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Correspondence, #3 Civil Cover Sheet)(Tolson, Zachary) (Filed on 10/7/2020)

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Plaintiff: Hector Esquivel
Represented By: Eliyahu Yuli Kaplunovsky
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Defendant: Home Depot U.S.A., Inc.
Represented By: Zachary S. Tolson
Represented By: Joshua Seth Goodman
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