Mann v. SPB Hospitality, LLC et al
Plaintiff: Marvin Mann
Defendant: Walnut Brewery and SPB Hospitality, LLC
Case Number: 4:2021cv03500
Filed: May 10, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Virginia K DeMarchi
Referring Judge: Yvonne Gonzalez Rogers
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2021 Opinion or Order Filing 18 ORDER by Judge Yvonne Gonzalez Rogers granting #17 Motion to Continue. Replies due by 9/28/2021. Responses due by 9/21/2021. Case Management Statement due by 11/30/2021. Initial Case Management Conference set for 12/7/2021 02:00 PM in Oakland, Courtroom 1, 4th Floor. Motion Hearing set for 10/12/2021 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 6/3/2021)
June 3, 2021 Set/Reset Deadlines as to #4 First MOTION to Dismiss the Complaint: Responses due by 9/21/2021. Replies due by 9/28/2021. Motion Hearing set for 10/12/2021 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 6/3/2021)
June 1, 2021 Filing 17 Stipulation To Postpone Briefing And Hearing Schedule For Defendants Motion To Dismiss, Compel Arbitration, And Stay Proceedings filed by Marvin Mann, SPB Hospitality, LLC, Walnut Brewery. (Attachments: #1 Proposed Order Order On Stipulation To Postpone Briefing And Hearing Schedule For Defendants Motion To Dismiss, Compel Arbitration, And Stay Proceedings)(Spivak, David) (Filed on 6/1/2021) Modified on 6/2/2021 (cjlS, COURT STAFF).
May 27, 2021 Filing 16 NOTICE of Change In Counsel by David Glenn Spivak (Spivak, David) (Filed on 5/27/2021)
May 26, 2021 Opinion or Order Filing 15 ORDER by Judge Yvonne Gonzalez Rogers granting #12 Motion for Pro Hac Vice as to Aron Z. Karabel. (fs, COURT STAFF) (Filed on 5/26/2021)
May 26, 2021 Opinion or Order Filing 14 ORDER by Judge Yvonne Gonzalez Rogers granting #10 Motion for Pro Hac Vice as to Flynne M. Dowdy. (fs, COURT STAFF) (Filed on 5/26/2021)
May 24, 2021 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marvin Mann.. (Spivak, David) (Filed on 5/24/2021)
May 20, 2021 Filing 12 MOTION for leave to appear in Pro Hac Vice of Aron Z.Karabel (Filing fee $ 317, receipt number 0971-15991692) filed by SPB Hospitality, LLC, Walnut Brewery. (Attachments: #1 Exhibit Certificate of Good Standing)(Karabel, Aron) (Filed on 5/20/2021) Modified on 5/21/2021 (cjlS, COURT STAFF).
May 19, 2021 Filing 11 Renotice motion hearing re #4 First MOTION to Dismiss the Complaint filed bySPB Hospitality, LLC, Walnut Brewery. (Related document(s) #4 ) (Miller, Adam) (Filed on 5/19/2021)
May 19, 2021 Filing 10 MOTION for leave to appear in Pro Hac Vice for Flynne M. Dowdy (Filing fee $ 317.) Filing fee previously paid on 05-19-2021 filed by SPB Hospitality, LLC, Walnut Brewery. (Attachments: #1 Sup. Ct. Tenn. Certificate of Good Standing)(Dowdy, Flynne) (Filed on 5/19/2021) Modified on 5/19/2021 (bnsS, COURT STAFF).
May 19, 2021 Filing 9 Case REASSIGNED to Judge Yvonne Gonzalez Rogers. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/19/2021)
May 19, 2021 Filing 8 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 5/19/2021)
May 19, 2021 Filing 7 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. (pmcS, COURT STAFF) (Filed on 5/19/2021)
May 18, 2021 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by SPB Hospitality, LLC, Walnut Brewery.. (Miller, Adam) (Filed on 5/18/2021)
May 18, 2021 Filing 5 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 5/24/2021. (pmcS, COURT STAFF) (Filed on 5/18/2021)
May 17, 2021 Filing 4 First MOTION to Dismiss the Complaint filed by SPB Hospitality, LLC, Walnut Brewery. Motion Hearing set for 7/6/2021 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 6/1/2021. Replies due by 6/8/2021. (Attachments: #1 Exhibit Exhibits C-G, #2 Declaration of Julie Johnson, #3 Exhibit Exhibits A-B to the Declaration of Julie Johnson, #4 Request for Judicial Notice, #5 Certificate/Proof of Service)(Miller, Adam) (Filed on 5/17/2021)
May 10, 2021 Filing 3 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 8/3/2021 . Initial Case Management Conference set for 8/10/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 5/10/2021)
May 10, 2021 Filing 2 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 5/24/2021. (asS, COURT STAFF) (Filed on 5/10/2021)
May 10, 2021 Filing 1 NOTICE OF REMOVAL from Superior Court for County of Santa Clara. Their case number is 21CV377897. (Filing fee $402 receipt number 0971-15949297). Filed bySPB HOSPITALITY, LLC, Walnut Brewery. (Attachments: #1 Exhibit State Court Filings, #2 Exhibit Notice of Removal to State Court, #3 Civil Cover Sheet)(Tishler, John) (Filed on 5/10/2021) Modified on 5/11/2021 (dhmS, COURT STAFF).

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Defendant: Walnut Brewery
Represented By: John Charles Tishler
Represented By: Adam Isaac Miller
Represented By: Aron Zwi Karabel
Represented By: Flynne Marie Dowdy
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Defendant: SPB Hospitality, LLC
Represented By: John Charles Tishler
Represented By: Adam Isaac Miller
Represented By: Aron Zwi Karabel
Represented By: Flynne Marie Dowdy
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Plaintiff: Marvin Mann
Represented By: Maya Cheaitani
Represented By: David Glenn Spivak
Represented By: Carl Joseph Kaplan
Represented By: Maya Cheaitani,
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