Bowman et al v. ABF Freight System, Inc.
| Terry Bowman and Maria Soto |
| ABF Freight System, Inc. |
| 4:2021cv07921 |
| October 8, 2021 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Jon S Tigar |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 23
Order by Judge Jon S. Tigar granting #13 Motion to Transfer Case.(mll, COURT STAFF) (Filed on 12/17/2021)
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| Case transferred from California Northern has been opened in Eastern District of California - Live System as case 2:21-cv-02342, filed 12/17/2021. (cjl, COURT STAFF) (Filed on 12/17/2021) |
| Filing 22 Answer to #20 Amended Complaint by ABF Freight System, Inc. (Burkhardt Vicente, Emily) (Filed on 12/3/2021) Modified on 12/3/2021 (cjl, COURT STAFF). |
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Filing 21
ORDER VACATING HEARING re #13 MOTION to Transfer Case Change Venue Pursuant to 28 U.S.C. 1406(a) or, in the Alternative, 1404(a); Memorandum of Points and Authorities filed by ABF Freight System, Inc. Signed by Judge Jon S. Tigar on November 22, 2021. (mll, COURT STAFF) (Filed on 11/22/2021)
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| Filing 20 FIRST AMENDED CLASS ACTION COMPLAINT (with jury demand) against All Defendants. Filed by Terry Bowman, Maria Soto. (Rothman, Jason) (Filed on 11/12/2021) Modified on 11/15/2021 (cjl, COURT STAFF). |
| Filing 19 REPLY (re #13 MOTION to Transfer Case Change Venue Pursuant to 28 U.S.C. 1406(a) or, in the Alternative, 1404(a); Memorandum of Points and Authorities ) filed byABF Freight System, Inc.. (Burkhardt Vicente, Emily) (Filed on 11/5/2021) |
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Filing 18
Order by Judge Jon S. Tigar granting #17 Stipulation Regarding Removal and Motion to Dismiss and Declaration of Emily Burkhardt Vicente in Support. Amended Pleadings due by 11/12/2021.(mll, COURT STAFF) (Filed on 11/2/2021)
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| Filing 17 STIPULATION WITH PROPOSED ORDER Regarding Removal and Motion to Dismiss and Declaration of Emily Burkhardt Vicente in Support filed by ABF Freight System, Inc., Terry Bowman, Maria Soto. (Attachments: #1 Proposed Order)(Burkhardt Vicente, Emily) (Filed on 11/1/2021) Modified on 11/2/2021 (cjl, COURT STAFF). |
| Filing 16 OPPOSITION/RESPONSE (re #13 MOTION to Change Venue Pursuant to 28 U.S.C. 1406(a) or, in the Alternative, 1404(a) filed by Terry Bowman, Maria Soto. (Attachments: #1 Declaration of Terry Bowman)(Rothman, Jason) (Filed on 10/29/2021) Modified on 11/1/2021 (cjl, COURT STAFF). |
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Filing 15
ORDER REGARDING STIPULATION TO EXTEND BRIEFING SCHEDULE ASSOCIATED WITH DEFENDANT'S MOTION TO STRIKE / DISMISS by Judge Jon S. Tigar granting #14 Stipulation.(mll, COURT STAFF) (Filed on 10/25/2021)
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| Set/Reset Deadlines as to #11 MOTION to Dismiss Pursuant to Rule 12(b)(6) Or to Strike Allegations From the Complaint; Memorandum in Support. Responses due by 11/5/2021. Replies due by 11/12/2021. (mll, COURT STAFF) (Filed on 10/25/2021) |
| Filing 14 JOINT STIPULATION TO CONTINUE DEADLINES TO RESPOND TO DEFENDANTS MOTION TO DISMISS AND/OR STRIKE TO DUE DISCUSSIONS AS TO AMENDING THE COMPLAINT filed by Terry Bowman, Maria Soto, ABF Freight System, Inc. (Attachments: #1 Proposed Order Regarding Stipulation to Extend Briefing Schedule)(Rothman, Jason) (Filed on 10/22/2021) Modified on 10/25/2021 (cjl, COURT STAFF). |
| Filing 13 MOTION to Transfer Case Change Venue Pursuant to 28 U.S.C. 1406(a) or, in the Alternative, 1404(a); Memorandum of Points and Authorities filed by ABF Freight System, Inc.. Motion Hearing set for 12/2/2021 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/29/2021. Replies due by 11/5/2021. (Attachments: #1 Exhibit Declaration of Doug Thiel, #2 Proposed Order)(Burkhardt Vicente, Emily) (Filed on 10/15/2021) |
| Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss Pursuant to Rule 12(b)(6) Or to Strike Allegations From the Complaint; Memorandum in Support filed byABF Freight System, Inc.. (Attachments: #1 Exhibit A - ABF National Master Freight Agreement for the period April 1, 2018 through June 30, 2023, #2 Exhibit B - ABF Western States Area Part I Common Clauses Supplemental Agreement for the period April 1, 2018 through June 30, 2023, #3 Exhibit C - ABF Western States Part III Over-The-Road Motor Freight Supplemental Agreement for the Period April 1, 2018 through June 30, 2023)(Related document(s) #11 ) (Burkhardt Vicente, Emily) (Filed on 10/15/2021) |
| Filing 11 MOTION to Dismiss Pursuant to Rule 12(b)(6) Or to Strike Allegations From the Complaint; Memorandum in Support filed by ABF Freight System, Inc.. Motion Hearing set for 12/2/2021 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/29/2021. Replies due by 11/5/2021. (Attachments: #1 Proposed Order)(Burkhardt Vicente, Emily) (Filed on 10/15/2021) |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/11/2022. Initial Case Management Conference set for 1/18/2022 02:00 PM in Oakland, - Videoconference Only. 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 Court Appearances: Advan ced notice is required 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than January 14, 2022 by Noon.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/zoo m/. Case Management Statement due by 1/11/2022. Initial Case Management Conference set for 1/18/2022 02:00 PM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 10/14/2021) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Donna M. Ryu 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 10/14/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 10/14/2021)
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| Filing 8 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. (ig, COURT STAFF) (Filed on 10/13/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ABF Freight System, Inc... (Burkhardt Vicente, Emily) (Filed on 10/13/2021) |
| Filing 6 Certificate of Interested Entities by ABF Freight System, Inc. identifying Corporate Parent ArcBest Corporation, Corporate Parent ABF, Inc., Other Affiliate Blackrock, Inc., Other Affiliate Terry Bowman, Other Affiliate Mario Soto for ABF Freight System, Inc.. (Burkhardt Vicente, Emily) (Filed on 10/12/2021) |
| Filing 5 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 1/5/2022 . Initial Case Management Conference set for 1/12/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 10/12/2021) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents . Re: #3 Certificate of Interested Entities filed by ABF Freight System, Inc. (jmlS, COURT STAFF) (Filed on 10/12/2021) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 10/22/2021. (anjS, COURT STAFF) (Filed on 10/8/2021) |
| Filing 3 Certificate of Interested Entities by ABF Freight System, Inc. identifying Corporate Parent ArcBest Corporation, Corporate Parent ABF, Inc. for ABF Freight System, Inc.. (Burkhardt Vicente, Emily) (Filed on 10/8/2021) |
| Filing 2 Corporate Disclosure Statement by ABF Freight System, Inc. identifying Corporate Parent ArcBest Corporation, Corporate Parent ABF, Inc. for ABF Freight System, Inc.. (Burkhardt Vicente, Emily) (Filed on 10/8/2021) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG21111887. (Filing fee $402 receipt number 0971-16479771). Filed byABF Freight System, Inc.. (Attachments: #1 Exhibit A-E to Notice of Removal, #2 Civil Cover Sheet, #3 Certificate/Proof of Service)(Burkhardt Vicente, Emily) (Filed on 10/8/2021) |
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