Batiste v. City of Richmond et al
Plaintiff: David Batiste
Defendant: City of Richmond, Hugo Mendoza and Tim Higares
Case Number: 4:2022cv01188
Filed: February 25, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Referring Judge: Haywood S Gilliam
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 Job Discrimination (Race)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2022 Opinion or Order Filing 29 ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #28 Stipulation to Re-Set Hearing Date. (ndr, COURT STAFF) (Filed on 4/25/2022)
April 25, 2022 Filing 28 STIPULATION WITH PROPOSED ORDER to Re-Set Hearing Date filed by City of Richmond. (Maloney, C.) (Filed on 4/25/2022)
April 25, 2022 Reset Hearing as to #24 MOTION to Dismiss of Defendants Richmond and Mendoza, See Docket No. #29 : Motion Hearing set for 6/23/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 4/25/2022)
April 22, 2022 Filing 27 Renotice motion hearing of Defendant City's and Mendoza's Motion to Dismiss filed byCity of Richmond. (Maloney, C.) (Filed on 4/22/2022)
April 22, 2022 Filing 26 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #24 motion to dismiss. Hearing date of May 26, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. ay 26th was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be e-filed after the motion is re-noticed. And if granted, the Court will advance the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/22/2022)
April 22, 2022 Set Hearing as to #24 MOTION to Dismiss of Defendants Richmond and Mendoza, See Docket No. #27 : Motion Hearing set for 10/27/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 4/22/2022)
April 21, 2022 Filing 25 Request for Judicial Notice re #24 MOTION to Dismiss of Defendants Richmond and Mendoza filed byCity of Richmond. (Related document(s) #24 ) (Maloney, C.) (Filed on 4/21/2022)
April 21, 2022 Filing 24 MOTION to Dismiss of Defendants Richmond and Mendoza filed by City of Richmond. Motion Hearing set for 5/26/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/5/2022. Replies due by 5/12/2022. (Attachments: #1 Proposed Order)(Maloney, C.) (Filed on 4/21/2022)
April 21, 2022 Filing 23 CERTIFICATE OF SERVICE by David Batiste of Sanding Order for Civil Cases Before District Judge Haywood S. Gilliam, Jr. on Defendant Hugo Mendoza (Alaga, Paul) (Filed on 4/21/2022)
April 21, 2022 Filing 22 CERTIFICATE OF SERVICE by David Batiste of Sanding Order for Civil Cases Before District Judge Haywood S. Gilliam, Jr. on Defendant City of Richmond (Alaga, Paul) (Filed on 4/21/2022)
April 21, 2022 Filing 21 NOTICE of Appearance by Jaclyn A Gross (Gross, Jaclyn) (Filed on 4/21/2022)
April 21, 2022 Filing 20 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for May 31, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by May 24th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-01188-HSG. The May 31st proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 4/21/2022)
April 21, 2022 Opinion or Order Filing 19 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case. Signed by Clerk on 04/21/2022. (jlg, COURT STAFF) (Filed on 4/21/2022)
April 20, 2022 Filing 18 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. (ejk, COURT STAFF) (Filed on 4/20/2022)
April 20, 2022 Filing 17 SUMMONS Returned Executed by David Batiste. Hugo Mendoza served on 3/31/2022, answer due 4/21/2022. (Alaga, Paul) (Filed on 4/20/2022)
April 20, 2022 Filing 16 SUMMONS Returned Executed by David Batiste. City of Richmond served on 3/31/2022, answer due 4/21/2022. (Alaga, Paul) (Filed on 4/20/2022)
April 20, 2022 Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Richmond.. (Maloney, C.) (Filed on 4/20/2022)
April 20, 2022 Filing 14 NOTICE of Appearance by C. Christine Maloney on Behalf of Def. Richmond (Maloney, C.) (Filed on 4/20/2022)
April 7, 2022 Filing 13 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 5/26/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 5/19/2022. 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/lb General Order 58. Pe rsons 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/zoom/. (This is a text-only entry generated by the court. There is no document associated with this ent ry.) (ejk, COURT STAFF) (Filed on 4/7/2022)
March 14, 2022 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Batiste.. (Alaga, Paul) (Filed on 3/14/2022)
March 14, 2022 Filing 11 CLERK'S NOTICE 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 3/28/2022. (ejk, COURT STAFF) (Filed on 3/14/2022)
February 25, 2022 Filing 10 Summons Issued as to Hugo Mendoza. (msr, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022 Filing 9 Summons Issued as to Tim Higares. (msr, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022 Filing 8 Summons Issued as to City of Richmond. (msr, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022 Filing 7 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 5/19/202 2. Initial Case Management Conference set for 5/26/2022 11:00 PM in San Francisco, Courtroom B, 15th Floor. (msr, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022 Filing 6 Case assigned to Magistrate Judge Laurel Beeler. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/11/2022. (jlg, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022 Filing 5 Proposed Summons. (Alaga, Paul) (Filed on 2/25/2022)
February 25, 2022 Filing 4 Proposed Summons. (Alaga, Paul) (Filed on 2/25/2022)
February 25, 2022 Filing 3 Proposed Summons. (Alaga, Paul) (Filed on 2/25/2022)
February 25, 2022 Filing 2 Civil Cover Sheet by DAVID BATISTE . (Alaga, Paul) (Filed on 2/25/2022)
February 25, 2022 Filing 1 COMPLAINT FOR DAMAGES against All Defendants ( Filing fee $ 402, receipt number ACANDC-16938491.). Filed byDAVID BATISTE. (Alaga, Paul) (Filed on 2/25/2022)
February 25, 2022 #Electronic filing error. Document not properly linked. [err102]In future, please link Civil Cover Sheet to Complaint--not filed as separate Docket Entry. Corrected by Clerk's Office. No further action is necessary. Re: #2 Civil Cover Sheet filed by David Batiste (msr, COURT STAFF) (Filed on 2/25/2022)

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Plaintiff: David Batiste
Represented By: Paul L. Alaga
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Defendant: City of Richmond
Represented By: C. Christine Maloney
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Defendant: Hugo Mendoza
Represented By: Jaclyn A Gross
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Defendant: Tim Higares
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