Valdez et al v. Uber Technologies, Inc. et al
| Worksafe, Benjamin Valdez, Hector Castellanos and Chinese Progressive Association (CPA) |
| Uber Technologies, Inc., Rasier-CA, LLC, Uber USA, LLC and Rasier, LLC |
| National Employment Law Project, Bet Tzedek, Womens Employment Rights Clinic of Golden Gate University School of Law, California Employment Lawyers Association, Asian Americans Advancing Justice - Asian Law Caucus and Partnership for Working Families |
| 4:2020cv07496 |
| October 25, 2020 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE of Withdrawal of Fee Motion by Hector Castellanos, Benjamin Valdez (Lowe, David) (Filed on 12/2/2020) Modified on 12/3/2020 (jmlS, COURT STAFF). |
Filing 23
Order by Judge Jon S. Tigar granting #22 Stipulation re Extension of Briefing Schedule re Plaintiffs' Motion for Attorney's Fees. Replies due by 12/10/2020.(mllS, COURT STAFF) (Filed on 11/16/2020)
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| Filing 22 STIPULATION WITH PROPOSED ORDER re Extension of Briefing Schedule re Plaintiffs' Motion for Attorney's Fees filed by Hector Castellanos, Benjamin Valdez, Uber Technologies, Inc.; Uber USA, LLC; Rasier, LLC; And Rasier-CA, LLC. (Lowe, David) (Filed on 11/13/2020) Modified on 11/16/2020 (jmlS, COURT STAFF). |
| Filing 21 Brief in Opposition re #17 Plaintiffs' Request for Attorneys' Fees filed byRasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Uber USA, LLC. (Attachments: #1 Declaration of T. Evangelis, #2 Exhibit A, Evangelis Decl'n, #3 Exhibit B, Evangelis Decl'n)(Evangelis, Theane) (Filed on 11/12/2020) |
| Filing 20 Transcript of Proceedings held on 10/27/2020, before Judge Tigar. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #18 Transcript Order ) Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. (Related documents(s) #18 ) (Batalo, Pam) (Filed on 10/30/2020) |
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Filing 19
ORDER SETTING BRIEFING SCHEDULE re #17 Supplemental Brief, filed by Hector Castellanos, Benjamin Valdez. Responses due by 11/12/2020. Replies due by 11/19/2020. Signed by Judge Jon S. Tigar on October 29, 2020. (mllS, COURT STAFF) (Filed on 10/29/2020)
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| Filing 18 TRANSCRIPT ORDER for proceedings held on 10/27/2020 before Judge Jon S. Tigar by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Uber USA, LLC, for Court Reporter Pam Batalo. (Evangelis, Theane) (Filed on 10/28/2020) |
| Filing 17 Supplemental Brief re #15 Order Remanding Case, 14 Motion Hearing,,, Request for Attorney Fees filed byHector Castellanos, Benjamin Valdez. (Attachments: #1 Declaration of Michelle G. Lee, #2 Proposed Order)(Related document(s) #15 , 14 ) (Lee, Michelle) (Filed on 10/27/2020) |
| Filing 16 CLERK'S NOTICE Remanding Case to San Francisco County Superior Court. (cjlS, COURT STAFF) (Filed on 10/27/2020) Modified on 10/27/2020 (jmlS, COURT STAFF). |
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Filing 15
ORDER REMANDING CASE TO STATE COURT. Signed by Judge Jon S. Tigar on October 27, 2020. (mllS, COURT STAFF) (Filed on 10/27/2020)
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| Filing 14 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 10/27/2020 re #5 Ex Parte MOTION for Temporary Restraining Order filed by Worksafe, Hector Castellanos, Benjamin Valdez, Chinese Progressive Association (CPA). Hearing held via Zoom videoconference. Argument heard from parties regarding the question of jurisdiction. Question of jurisdiction taken under submission. Written order to issue. Unless and until the case is remanded the schedule issued in the text order at ECF. 11 will remain in effect. Total Time in Court: 41 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: David Lowe, Meghan Loisel, George Warner. Defendant Attorney: Theane Evangelis, Glenn Rother, Heather Richardson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 10/27/2020) |
| Filing 13 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 10/29/2020 02:00 PM in Videoconference Only before Judge Jon S. Tigar. Objections due by 10/27/2020. Responses due by 10/28/2020. Replies due by 10/29/2020. Motion Hearing set for 10/30/2020 02:00 PM in Videoconference Only before Judge Jon S. Tigar. 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/jst General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebr oadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/z oom/., Set/Reset Deadlines as to #5 Ex Parte MOTION for Temporary Restraining Order . Responses due by 10/28/2020. Replies due by 10/29/2020. Motion Hearing set for 10/29/2020 02:00 PM in Videoconference Only before Judge Jon S. Tigar. Objections due by 10/27/2020. Motion Hearing set for 10/30/2020 02:00 PM in Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/26/2020) |
| Filing 12 CLERKS NOTICE SETTING ZOOM HEARING. Status Conference set for 10/27/2020 09:00 AM in Videoconference Only before Judge Jon S. Tigar. 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/jst General Order 58. Persons granted access to court proceedings held by telephone or vid eoconference 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/. Status Conference set for 10/27/2020 09:00 AM in Videoconference Only before Judge Jon S. Tigar. (Related documents(s) 11 ) (This is a text-only entry generated b y the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/26/2020) |
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Filing 11
ORDERAn opposition to Plaintiffs' Motion for Temporary Restraining Order, ECF No. 5, is due October 28, 2020 at noon Pacific Time. A reply is due October 29, 2020 at noon Pacific Time. The Court will conduct a hearing on the motion on October 30, 2020 at 2:00 p.m. If Plaintiffs file a written waiver of reply by October 27, 2020 at 5:00 p.m., the Court will conduct a hearing on Plaintiffs' motion on October 29, 2020 at 2:00 p.m. The Court will also conduct a status hearing on October 27, 2020 at 9:00 a.m. The hearing will proceed videographically. The principal topic of the hearing will be whether this Court should sua sponte remand this case to state court for want of jurisdiction in light of the local controversy and home state exceptions to the Class Action Fairness Act. See Bey v. SolarWorld Indus. Am., Inc., 904 F. Supp. 2d 1096, 1100-02 (D. Or. 2012) (citing 28 U.S.C. 1332(d)(4)(A), 1332(d)(4)(B)). If the Court concludes that remand is appropriate, it may so order from the bench. (This is a text-only entry generated by the court. There is no document associated with this entry.)(Entered by Judge Jon S. Tigar) (Filed on 10/26/2020)
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| Filing 10 NOTICE of Voluntary Dismissal For Plaintiffs WorkSafe and Chinese Progressive Association Without Prejudice Pursuant to Rule 41(A) by Chinese Progressive Association (CPA), Worksafe (Lowe, David) (Filed on 10/26/2020) |
| Filing 9 MOTION to File Amicus Curiae Brief REGARDING PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Bet Tzedek, National Employment Law Project, California Employment Lawyers Association, Womens Employment Rights Clinic of Golden Gate University School of Law, Partnership for Working Families, Asian Americans Advancing Justice - Asian Law Caucus. Responses due by 11/9/2020. Replies due by 11/16/2020. (Rothner, Glenn) (Filed on 10/26/2020) |
| Filing 8 Case assigned to Judge Jon S. Tigar. 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. (asS, COURT STAFF) (Filed on 10/26/2020) |
| Filing 7 Civil Cover Sheet by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Uber USA, LLC (Amended). (Evangelis, Theane) (Filed on 10/26/2020) |
| Filing 6 NOTICE of Filing of Notice of Removal of Class Action With Superior Court by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Uber USA, LLC re #1 Notice of Removal,, (Attachments: #1 Exhibit 1)(Evangelis, Theane) (Filed on 10/26/2020) Modified on 10/27/2020 (jmlS, COURT STAFF). |
| Filing 5 Ex Parte MOTION for Temporary Restraining Order filed by Hector Castellanos, Chinese Progressive Association (CPA), Benjamin Valdez, Worksafe. (Attachments: #1 PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #2 Declaration OF DAVID A. LOWE IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #3 NOTICE DECLARATION OF DAVID A. LOWE IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #4 Declaration OF BENJAMIN VALDEZ IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #5 Declaration OF HECTOR CASTELLANOS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #6 Declaration OF TONJE ETTESVOLL IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #7 Declaration OF JOHN DOE IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #8 [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE)(Lowe, David) (Filed on 10/26/2020) |
| Filing 4 NOTICE of Appearance by George Alejandro Warner (Warner, George) (Filed on 10/26/2020) |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Benjamin Valdez.. (Loisel, Meghan) (Filed on 10/26/2020) |
| Filing 2 Rule 7.1 Disclosures by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc., Uber USA, LLC identifying Corporate Parent Rasier, LLC. for Rasier-CA, LLC; Corporate Parent Uber Technologies, Inc. for Rasier, LLC, Uber USA, LLC; Other Affiliate SoftBank Group Corp., Other Affiliate SB Cayman 2 Ltd. for Uber Technologies, Inc.. ; apart from the named parties to this action, they do not believe that there are other persons, associations of persons, firms, partnerships, corporations, or other entities that have either (i) a financial interest in the subject matter in controversy or in a party to the proceeding, or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. (Evangelis, Theane) (Filed on 10/25/2020) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-20-587266. (Filing fee $400 receipt number 0971-15109984). Filed byUber USA, LLC, Rasier-CA, LLC, Rasier, LLC, Uber Technologies, Inc.. (Attachments: #1 Declaration T. Evangelis, #2 Exhibit A, Evangelis Decl'n, #3 Exhibit B, Evangelis Decl'n, #4 Exhibit C, Evangelis Decl'n, #5 Exhibit D, Evangelis Decl'n, #6 Declaration B. Rosenthal, #7 Civil Cover Sheet)(Evangelis, Theane) (Filed on 10/25/2020) |
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