Nyong'o v. Sutter Health et al
Plaintiff: Omondi Nyong'o
Defendant: Sutter Health, Palo Alto Foundation Medical Group ("PAFMG") and Palo Alto Medical Foundation ("PAMF")
Case Number: 4:2021cv06238
Filed: August 12, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Referring Judge: Yvonne Gonzalez Rogers
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983 Civil Rights (Employment Discrimination)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2021 Filing 27 NOTICE of Acknowledgment of Receipt from Superior Court of California, County of San Francisco re #25 Order on Motion to Amend the Complaint and Remand to State Court. (Attachments: #1 Envelope)(jlg, COURT STAFF) (Filed on 10/26/2021)
October 14, 2021 Certified copy of #25 Remand Order and docket sheet sent to Superior Court of California, County of San Francisco. (jlgS, COURT STAFF) (Filed on 10/14/2021)
October 13, 2021 Filing 26 AMENDED COMPLAINT against Palo Alto Foundation Medical Group ("PAFMG"), Palo Alto Medical Foundation ("PAMF"), Sutter Health. Filed byOmondi Nyong'o. (Dermody, Kelly) (Filed on 10/13/2021)
October 13, 2021 Opinion or Order Filing 25 ORDER GRANTING MOTION TO AMEND THE COMPLAINT AND REMAND TO STATE COURT by Judge Yvonne Gonzalez Rogers; granting #16 Motion to Amend the Complaint. Plaintiff to file Amended Complaint by 10/15/2021. The Court VACATES the motion hearing set for October 19, 2021. Upon the filing of Amended Complaint the Clerk of Court is directed to REMAND the case to the San Francisco Superior Court and close the file.(fs, COURT STAFF) (Filed on 10/13/2021)
October 5, 2021 Filing 24 NOTICE of Appearance by Roy Mick Rubio (Rubio, Roy) (Filed on 10/5/2021)
October 4, 2021 Filing 23 REPLY (re #16 MOTION to Amend Complaint and Remand to State Court ) filed byOmondi Nyong'o. (Dermody, Kelly) (Filed on 10/4/2021)
September 29, 2021 Filing 22 Declaration of Daniel V, Kitzes in Support of #19 Opposition/Response to Motion, #16 MOTION to Amend Complaint and Remand to State Court filed byPalo Alto Medical Foundation ("PAMF"), Sutter Health. (Attachments: #1 Exhibit A to Supplemental Kitzes Declaration)(Related document(s) #19 , #16 ) (Kitzes, Daniel) (Filed on 9/29/2021)
September 29, 2021 Opinion or Order Filing 21 ORDER VACATING CASE MANAGEMENT CONFERENCE re #15 Clerk's Notice vacating the CMC. Signed by Judge Yvonne Gonzalez Rogers on 9/29/2021. * The 10/4/2021 at 2:00PM Case Management Conference is VACATED.*(fs, COURT STAFF) (Filed on 9/29/2021)
September 29, 2021 Opinion or Order Filing 20 **ATTACHMENT INCORRECT. SEE DKT. 21 FOR CORRECT ENTRY AND ATTACHMENT** ORDER VACATING CASE MANAGEMENT CONFERENCE re #15 Clerk's Notice Setting CMC. Signed by Judge Yvonne Gonzalez Rogers on 9/29/2021. (fs, COURT STAFF) (Filed on 9/29/2021) Modified on 9/29/2021 (fs, COURT STAFF).
September 27, 2021 Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Amend Complaint and Remand to State Court ) filed byPalo Alto Foundation Medical Group ("PAFMG"). (Attachments: #1 Declaration of Marcie Isom Fitzsimmons in Support of Defendants' Opposition to Motion to Remand (with Exhibits), #2 Proposed Order Denying Remand)(Fitzsimmons, Marcie) (Filed on 9/27/2021)
September 23, 2021 Filing 18 CASE MANAGEMENT STATEMENT filed by Omondi Nyong'o. (Dermody, Kelly) (Filed on 9/23/2021)
September 22, 2021 Filing 17 Defendant's CASE MANAGEMENT STATEMENT and [Proposed] Case Management Order filed by Palo Alto Foundation Medical Group ("PAFMG"). (Fitzsimmons, Marcie) (Filed on 9/22/2021) Modified on 9/23/2021 (jlgS, COURT STAFF).
September 13, 2021 Filing 16 MOTION to Amend Complaint and Remand to State Court; Memorandum of Points and Authorities in Support Thereof filed by Omondi Nyong'o. Motion Hearing set for 10/19/2021 at 2:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 9/27/2021. Replies due by 10/4/2021. (Attachments: #1 Declaration of Kelly M. Dermody in Support Thereof, #2 Exhibit A - First Amended Complaint, #3 Exhibit B - Complaint Redline, #4 Proposed Order)(Dermody, Kelly) (Filed on 9/13/2021) Modified on 9/14/2021 (jlgS, COURT STAFF).
September 8, 2021 Filing 15 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/27/2021. Initial Case Management Conference set for Monday, 10/4/2021 02:00 PM via Zoom Webinar Videoconference Only. (Attachments: #1 Standing Order)Zoom link information will be posted on the docket in advance of the hearing. Zoom link information is also on the Judge's page on the court website www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/ (fs, COURT STAFF) (Filed on 9/8/2021)
September 8, 2021 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers 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 Clerk on 9/8/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 9/8/2021)
September 7, 2021 Filing 13 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 9/7/2021)
September 7, 2021 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Omondi Nyong'o.. (Dermody, Kelly) (Filed on 9/7/2021)
August 30, 2021 Opinion or Order Filing 11 ORDER SETTING CASE MANAGEMENT CONFERENCE Signed by Magistrate Judge Kandis A. Westmore. Case Management Statement due by 9/21/2021. Initial Case Management Conference set for 9/28/2021 01:30 PM in Oakland, - To be determined. (wft, COURT STAFF) (Filed on 8/30/2021) Modified on 8/31/2021 to correct docket type. (wft, COURT STAFF).
August 30, 2021 Filing 10 CLERK'S NOTICE TO PLAINTIFF 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. Consent/Declination due by 9/13/2021. (wft, COURT STAFF) (Filed on 8/30/2021)
August 27, 2021 Opinion or Order Filing 9 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. Magistrate Judge Jacqueline Scott Corley no longer assigned to case,. Signed by Clerk on 8/27/21. (asS, COURT STAFF) (Filed on 8/27/2021)
August 27, 2021 Filing 8 Certificate of Interested Entities by Sutter Health identifying Corporate Parent Palo Alto Medical Foundation ("PAMF"), Corporate Parent Sutter Bay Medical Foundation for Sutter Health. (Kitzes, Daniel) (Filed on 8/27/2021)
August 27, 2021 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sutter Health.. (Kitzes, Daniel) (Filed on 8/27/2021)
August 27, 2021 Opinion or Order Filing 6 ORDER OF RECUSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 8/27/2021. (ahm, COURT STAFF) (Filed on 8/27/2021)
August 26, 2021 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Palo Alto Foundation Medical Group ("PAFMG").. (Fitzsimmons, Marcie) (Filed on 8/26/2021)
August 13, 2021 Filing 4 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 11/11/20 21. Initial Case Management Conference set for 11/18/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/13/2021)
August 12, 2021 Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 8/26/2021. (mbcS, COURT STAFF) (Filed on 8/12/2021)
August 12, 2021 Filing 2 NOTICE of Appearance by Vijayta R Labat (Labat, Vijayta) (Filed on 8/12/2021)
August 12, 2021 Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-21-592714. (Filing fee $402 receipt number 0971-16277718). Filed byPalo Alto Foundation Medical Group ("PAFMG"). (Attachments: #1 Civil Cover Sheet, #2 Declaration Fitzsimmons Declaration In Support Of Removal, #3 Declaration Kitzes Declaration In Support of Removal, #4 Supplement Certificate of Interested Parties)(Fitzsimmons, Marcie) (Filed on 8/12/2021)

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Plaintiff: Omondi Nyong'o
Represented By: Daniel M. Hutchinson
Represented By: Jalle H. Dafa
Represented By: Kelly M. Dermody
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Defendant: Sutter Health
Represented By: Alex Hernaez
Represented By: Daniel V. Kitzes
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Defendant: Palo Alto Foundation Medical Group ("PAFMG")
Represented By: Vijayta R Labat
Represented By: Marcie Isom Fitzsimmons
Represented By: Roy Mick Rubio
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Defendant: Palo Alto Medical Foundation ("PAMF")
Represented By: Alex Hernaez
Represented By: Daniel V. Kitzes
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