Scholz et al v. United Airlines, Inc.
Plaintiff: John R. Scholz, III and Kevin E. Bybee
Defendant: United Airlines, Inc.
Case Number: 4:2021cv09561
Filed: December 10, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Yvonne Gonzalez Rogers
Referring Judge: Joseph C Spero
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2022 Filing 32 OBJECTIONS to re #31 Reply to Opposition/Response, Objections to Evidence Plaintiffs Submitted with Reply Brief ISO Motion to Remand (Declarations of John Scholz and Kevin Bybee) by United Airlines, Inc.. (Sommerfeld, Amanda) (Filed on 2/7/2022)
January 31, 2022 Filing 31 REPLY to Defendant's Opposition(re #23 MOTION to Remand ) filed by Kevin E. Bybee, John R. Scholz, III. (Attachments: #1 Declaration, #2 Exhibit, #3 Declaration, #4 Exhibit)(Mariani, Jane) (Filed on 1/31/2022) Modified on 2/1/2022 (jml, COURT STAFF).
January 24, 2022 Filing 30 OPPOSITION/RESPONSE (re #23 MOTION to Remand ) filed byUnited Airlines, Inc.. (Attachments: #1 Declaration of Lincoln Lounsbury In Support of Opposition to Motion to Remand, #2 Declaration of Reiner Neurohr In Support of Opposition to Motion to Remand, #3 Declaration of Carlos Jiminez In Support of Opposition to Motion to Remand, #4 Declaration of Paul Joklik In Support of Opposition to Motion to Remand, #5 Proposed Order)(Sommerfeld, Amanda) (Filed on 1/24/2022)
January 13, 2022 Filing 29 CLERK'S NOTICE Continuing Motion Hearing. Notice is hereby given that the hearing on the #13 MOTION to Dismiss previously set for 2/1/2022 is continued to 2/15/2022 at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.), Motion Hearing set for 2/15/2022 02:00 PM in Oakland, - Videoconference Only before Judge Yvonne Gonzalez Rogers. (Related documents(s) #13 )(amg, COURT STAFF) (Filed on 1/13/2022)
January 11, 2022 Filing 28 EXHIBITS re #27 Exhibits, #24 Request for Judicial Notice, Electronic Filing Error, Corrected Exhibits filed byKevin E. Bybee, John R. Scholz, III. (Related document(s) #27 , #24 , []) (Mariani, Jane) (Filed on 1/11/2022)
January 11, 2022 Filing 27 EXHIBITS re #24 Request for Judicial Notice, CORRECTION OF DOCKET #24 filed byKevin E. Bybee, John R. Scholz, III. (Related document(s) #24 ) (Mariani, Jane) (Filed on 1/11/2022)
January 11, 2022 Filing 26 Errata by Kevin E. Bybee, John R. Scholz, III re #23 MOTION to Remand (Attachments: #1 Errata)(Mariani, Jane) (Filed on 1/11/2022) Modified on 1/11/2022 (jml, COURT STAFF).
January 11, 2022 #Electronic filing error. No title Page. Exhibits e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement . Please re-file in its entirety. Re: #27 Exhibits filed by John R. Scholz, III, Kevin E. Bybee (jml, COURT STAFF) (Filed on 1/11/2022)
January 10, 2022 #Electronic filing error. Incorrect event used. [err101] The correct event is Errata. The correct event can be found at: Civil Events > Other Filings > Other Documents > Errata. Corrected by Clerk's Office. No further action is necessary. Re: #26 Notice (Other) filed by John R. Scholz, III, Kevin E. Bybee (jml, COURT STAFF) (Filed on 1/10/2022)
January 10, 2022 Filing 25 Proposed Order re #23 MOTION to Remand by Kevin E. Bybee, John R. Scholz, III. (Mariani, Jane) (Filed on 1/10/2022)
January 10, 2022 Filing 24 Request for Judicial Notice re #23 MOTION to Remand filed byKevin E. Bybee, John R. Scholz, III. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Declaration)(Related document(s) #23 ) (Mariani, Jane) (Filed on 1/10/2022)
January 10, 2022 Filing 23 MOTION to Remand filed by Kevin E. Bybee, John R. Scholz, III. Motion Hearing set for 2/15/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 1/24/2022. Replies due by 1/31/2022. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Declaration, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Declaration)(Mariani, Jane) (Filed on 1/10/2022)
January 6, 2022 Filing 22 Proposed Order Granting United's Motion to Dismiss Plaintiffs' Class Action Complaint re #21 Notice (Other), #20 Notice (Other), #13 MOTION to Dismiss by United Airlines, Inc.. (Sommerfeld, Amanda) (Filed on 1/6/2022) Modified on 1/7/2022 (jml, COURT STAFF).
January 6, 2022 Filing 21 NOTICE of Non-Response to United's Motion to Dismiss by United Airlines, Inc. re #13 MOTION to Dismiss (Sommerfeld, Amanda) (Filed on 1/6/2022) Modified on 1/7/2022 (jml, COURT STAFF).
January 4, 2022 Filing 20 NOTICE of New Hearing Date on Motion to Dismiss by United Airlines, Inc. re #13 MOTION to Dismiss (Wooley, Koree) (Filed on 1/4/2022) Modified on 1/5/2022 (jml, COURT STAFF).
January 4, 2022 Filing 19 CERTIFICATE OF SERVICE Re Assigned Judge Standing Orders by United Airlines, Inc. (Wooley, Koree) (Filed on 1/4/2022) Modified on 1/5/2022 (jml, COURT STAFF).
January 4, 2022 Filing 18 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE Joint Case Management Statement due by 3/7/2022. Initial Case Management Conference set for 3/14/2022 02:00 PM in Oakland, - Videoconference Only. (Attachments: #1 Standing Order) (amg, COURT STAFF) (Filed on 1/4/2022)
January 3, 2022 Opinion or Order Filing 17 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 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 1/3/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/3/2022)
January 3, 2022 Filing 16 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. (klh, COURT STAFF) (Filed on 1/3/2022)
December 22, 2021 Filing 15 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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 12/29/2021. (klh, COURT STAFF) (Filed on 12/22/2021)
December 21, 2021 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Airlines, Inc... (Perez, Renee Pauline) (Filed on 12/21/2021)
December 16, 2021 Filing 13 MOTION to Dismiss filed by United Airlines, Inc.. Motion Hearing set for 1/21/2022 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 12/30/2021. Replies due by 1/6/2022. (Attachments: #1 Exhibit Exhibits A-D, #2 Proposed Order Proposed Order)(Sommerfeld, Amanda) (Filed on 12/16/2021)
December 16, 2021 Opinion or Order Filing 12 Order. Signed 12/16/2021 by Chief Magistrate Judge Joseph C. Spero granting #10 Motion for Pro Hac Vice - Eaton.(klh, COURT STAFF) (Filed on 12/16/2021)
December 16, 2021 Opinion or Order Filing 11 Order. Signed 12/16/2021 by Chief Magistrate Judge Joseph C. Spero granting #9 Motion for Pro Hac Vice for Redmond.(klh, COURT STAFF) (Filed on 12/16/2021)
December 14, 2021 Filing 10 First MOTION for leave to appear in Pro Hac Vice for Miguel Eaton ( Filing fee $ 317, receipt number ACANDC-16720957.) filed by United Airlines, Inc.. (Attachments: #1 Exhibit Certificate of good standing)(Eaton, Miguel) (Filed on 12/14/2021)
December 14, 2021 Filing 9 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16719869.) filed by United Airlines, Inc.. (Attachments: #1 Exhibit Letter of Good Standing from the D.C. Bar)(Redmond, Caleb) (Filed on 12/14/2021)
December 13, 2021 Filing 8 CERTIFICATE OF SERVICE by United Airlines, Inc. re #5 Initial Case Management Scheduling Order with ADR Deadlines, 4 Case Assigned by Intake,,, re Assigned Judge's Standing Orders and New Case Opening Documents (Wooley, Koree) (Filed on 12/13/2021)
December 13, 2021 Filing 7 CERTIFICATE OF SERVICE by United Airlines, Inc. re #3 Certificate of Interested Entities, #2 Certificate of Interested Entities, #1 Notice of Removal, (Wooley, Koree) (Filed on 12/13/2021)
December 13, 2021 Filing 6 NOTICE of Filing of Notice of Removal with Superior Court by United Airlines, Inc. (Attachments: #1 Exhibit A - Notice to San Mateo Superior Court of Removal to Federal Court)(Wooley, Koree) (Filed on 12/13/2021) Modified on 12/14/2021 (jml, COURT STAFF).
December 13, 2021 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/4/2022. Initial Case Management Conference set for 3/11/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. (jml, COURT STAFF) (Filed on 12/13/2021)
December 10, 2021 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 12/27/2021. (anj, COURT STAFF) (Filed on 12/10/2021)
December 10, 2021 Filing 3 Certificate of Interested Entities by United Airlines, Inc. identifying Corporate Parent United Airlines Holdings, Inc., Other Affiliate United Airlines, Inc. for United Airlines, Inc.. (Wooley, Koree) (Filed on 12/10/2021)
December 10, 2021 Filing 2 Rule 7.1 Disclosures by United Airlines, Inc. identifying Corporate Parent United Airlines Holdings, Inc. for United Airlines, Inc.. (Wooley, Koree) (Filed on 12/10/2021)
December 10, 2021 Filing 1 NOTICE OF REMOVAL ACANDC-16708421-$402 fee paid from San Mateo with jury demand. Their case number is 21cv06029. (). Filed by United Airlines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Wooley, Koree) (Filed on 12/10/2021) Modified on 12/13/2021 (jml, COURT STAFF).

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Plaintiff: John R. Scholz, III
Represented By: Jane Catherine Mariani
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Plaintiff: Kevin E. Bybee
Represented By: Jane Catherine Mariani
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Defendant: United Airlines, Inc.
Represented By: Koree B. Wooley
Represented By: Miguel F Eaton
Represented By: Amanda C. Sommerfeld
Represented By: Caleb Paul Redmond
Represented By: Renee Pauline Tiongson Perez
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