Burbank v. Linsemeyer et al
| Jennifer Isabelle Burbank |
| Alma M. Linsemeyer, Rebecca Taylor-Ford, Michelle DeMoss, Lisa Maldonado, California Nurses Association/National Nurses Organizing Committee and Kaiser Permanente Santa Rosa Medical Center and Medical Offices |
| 4:2022cv02332 |
| April 14, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Joseph C Spero |
| Labor: Other |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 Acknowledgment of receipt of remand documents from Superior Court of California for the County of Sonoma. (anj, COURT STAFF) (Filed on 9/22/2022) |
| Filing 43 CLERK'S NOTICE Remanding case to the Superior Court of California for the County of Sonoma. (anj, COURT STAFF) (Filed on 9/20/2022) |
Filing 42
ORDER (as modified) GRANTING #38 STIPULATION Remanding Case to State Court. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 9/19/2022. (ndr, COURT STAFF) (Filed on 9/19/2022)
|
| Filing 41 CLERK'S NOTICE. The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should include Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/19/2022) |
|
Filing 40
ORDER by Hon. Haywood S. Gilliam, Jr. WITHDRAWING Dkt. No. 39 in light of Dkt. No. #38 the Parties' Stipulation with Proposed Order Remanding Case to State Court. The parties' stipulation was filed while the order was in the process of being entered. The Court appreciates the parties' collaborative effort to resolve the issue without further litigation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 9/16/2022)
|
|
Filing 39
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file by September 20, 2022, either 1) a stipulation to remand, or 2) if the parties are unable to reach an agreement, a statement that they were not able to reach a stipulation. Given the current posture of the case, the Court is strongly of the view that remand is appropriate, and expects the parties to assess in good faith whether further litigation should be necessary to resolve this issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 9/16/2022)
|
| Filing 38 Joint Stipulation to Remand action to the Superior Court of California, County of Sonoma filed by Jennifer Isabelle Burbank, Kaiser Permanente Santa Rosa Medical Center and Medical Offices, Rebecca Taylor-Ford, Alma M. Linsemeyer. (Dorame-Martinez, Emilio) (Filed on 9/16/2022) Modified on 9/19/2022 (anj, COURT STAFF). |
| Filing 37 NOTICE of Voluntary Dismissal Michelle DeMoss (Revised) by Jennifer Isabelle Burbank (Dorame-Martinez, Emilio) (Filed on 9/9/2022) |
| Filing 35 NOTICE of Voluntary Dismissal of Michelle DeMoss by Jennifer Isabelle Burbank (Attachments: #1 Proposed Order)(Dorame-Martinez, Emilio) (Filed on 9/9/2022) |
| *** Party Michelle DeMoss Terminated, See Docket No. #37 . *** (ndr, COURT STAFF) (Filed on 9/9/2022) |
| Filing 36 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference NOT held and Motion Hearing held on 9/8/2022. Total Time in Court: 16 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Emilio Martinez and Dana Oviedo. Defendant Attorney: Eric Wiesner; Nina Montazeri; Babak Yousefzadeh. Motion to dismiss and motion to remand (docket nos. #7 and #18 ) are argued and submitted by the parties and taken under submission by the Court. Parties are directed to meet and confer and, if they are able to reach an agreement, e-file within one week from today (September 15, 2022) 1) a stipulated dismissal as to Ms. DeMoss and 2) a stipulation and proposed order remanding the case back to State Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 9/8/2022) |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wiesner, Eric) (Filed on 9/6/2022) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by parties and counsel (Montazeri, Nina) (Filed on 9/2/2022) |
| Filing 32 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 8/19/2022) |
| Filing 31 CLERK'S NOTICE. Notice is hereby given that the hearings on the #7 motion to dismiss, #18 motion to remand, and the case management conference, previously set for September 1, 2022 are continued to September 8, 2022, before Judge Haywood S. Gilliam, Jr, at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 8/17/2022) |
|
Filing 30
Order Granting #29 Dismissal Without Prejudice of Defendants California Nurses Association/National Nurses Organization Committee and Lisa Maldonado. Signed by Judge Haywood S. Gilliam, Jr. on 8/11/2022. (amg, COURT STAFF) (Filed on 8/11/2022)
|
| Filing 29 NOTICE of Voluntary Dismissal of Defendants CNA & Lisa Maldonado by Jennifer Isabelle Burbank (Attachments: #1 Proposed Order)(Dorame-Martinez, Emilio) (Filed on 8/10/2022) |
| Filing 28 Certificate of Interested Entities by Kaiser Permanente Santa Rosa Medical Center and Medical Offices (Attachments: #1 Certificate/Proof of Service)(Montazeri, Nina) (Filed on 8/2/2022) |
| Filing 27 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Kaiser Permanente Santa Rosa Medical Center and Medical Offices, Rebecca Taylor-Ford, Alma M. Linsemeyer, California Nurses Association/National Nurses Organizing Committee, Lisa Maldonado, Michelle DeMoss. (Attachments: #1 Certificate/Proof of Service)(Montazeri, Nina) (Filed on 8/2/2022) Modified on 8/3/2022 (anj, COURT STAFF). |
|
Filing 26
ORDER by Judge Haywood S. Gilliam, Jr.DENYING #25 First ADMINISTRATIVE MOTION advance hearing date on Remand Motion or originally noticed date of August 11, 2022. (ndr, COURT STAFF) (Filed on 7/29/2022)
|
| Filing 25 First ADMINISTRATIVE MOTION advance hearing date on Remand Motion or originally noticed date of August 11, 2022 filed by Jennifer Isabelle Burbank. Responses due by 8/2/2022. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Dorame-Martinez, Emilio) (Filed on 7/29/2022) |
| Filing 24 ANSWER to Complaint (Notice of Removal) Answer To Plaintiff Jennifer Isabelle Burbank's Complaint by Kaiser Permanente Santa Rosa Medical Center and Medical Offices, Alma M. Linsemeyer, Rebecca Taylor-Ford. (Attachments: #1 Certificate/Proof of Service)(Montazeri, Nina) (Filed on 7/1/2022) Modified on 7/5/2022 (anj, COURT STAFF). |
| Filing 23 OPPOSITION/RESPONSE (re #18 MOTION to Remand ) filed by California Nurses Association/National Nurses Organizing Committee. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Wiesner, Eric) (Filed on 5/27/2022) Modified on 5/31/2022 (anj, COURT STAFF). |
| Filing 22 CLERK'S NOTICE. Notice is hereby given that the hearing on the #18 motion to remand, previously set for August 11, 2022, is continued to September 1, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., to be heard along with case management conference and the hearing on the #7 motion to dismiss, in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/20/2022) |
| Set Hearing as to #18 MOTION to Remand, See Docket No. #21 : Motion Hearing set for 8/11/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 5/19/2022) |
| Filing 21 Renotice motion hearing re #18 MOTION to Remand Complaint filed byJennifer Isabelle Burbank. (Attachments: #1 Certificate/Proof of Service, #2 Proposed Order)(Related document(s) #18 ) (Dorame-Martinez, Emilio) (Filed on 5/19/2022) |
| Filing 20 NOTICE of Appearance by Amara Chanel Blades (Attachments: #1 Certificate/Proof of Service)(Blades, Amara) (Filed on 5/19/2022) |
| Filing 19 CLERK'S NOTICE OT COUNSEL RE DOCKET NO. #18 . Notice is hereby given that counsel must notice the motion for hearing pursuant to L.R. 7-2 (a). The briefing schedule remains in effect. The motion should not be re-filed. Counsel is directed to check the Court's scheduling notes before noticing the motion for a hearing date. June 16th is vacated, motion was not noticed for this date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/16/2022) |
| Filing 18 MOTION to Remand filed by Jennifer Isabelle Burbank. Motion Hearing set for 6/16/2022 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 5/27/2022. Replies due by 6/3/2022. (Williams, Howard) (Filed on 5/13/2022) |
| Filing 17 REPLY (re #7 MOTION to Dismiss ) filed byCalifornia Nurses Association/National Nurses Organizing Committee. (Attachments: #1 Certificate/Proof of Service)(Wiesner, Eric) (Filed on 5/11/2022) |
| Filing 16 CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for August 9, 2022, is continued to September 1, 2022 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA to be held along with the hearing on the #7 motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/4/2022) |
| Set Hearing as to #7 MOTION to Dismiss, See Docket No. #15 : Motion Hearing set for 9/1/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 5/3/2022) |
| Filing 15 Renotice motion hearing re #7 MOTION to Dismiss filed by California Nurses Association/National Nurses Organizing Committee. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Related document(s) #7 ) (Wiesner, Eric) (Filed on 5/2/2022) Modified on 5/3/2022 (kkp, COURT STAFF). |
| Filing 14 CERTIFICATE OF SERVICE by California Nurses Association/National Nurses Organizing Committee (Wiesner, Eric) (Filed on 4/28/2022) |
| Filing 13 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for August 9, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 2nd. 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-02332-HSG. The August 9th 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 4/28/2022) |
|
Filing 12
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 Joseph C. Spero no longer assigned to case. Signed by Clerk on 04/28/2022. (mbc, COURT STAFF) (Filed on 4/28/2022)
|
| Filing 11 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 4/28/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Nurses Association/National Nurses Organizing Committee.. (Attachments: #1 Certificate/Proof of Service)(Wiesner, Eric) (Filed on 4/27/2022) |
| Filing 9 CERTIFICATE OF SERVICE by California Nurses Association/National Nurses Organizing Committee re 8 Clerk's Notice re: Consent or Declination,, (Wiesner, Eric) (Filed on 4/21/2022) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Defendants have filed a Motion to Dismiss. Accordingly the Plaintiffs and 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 4/27/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 4/20/2022) |
| Filing 7 MOTION to Dismiss filed by California Nurses Association/National Nurses Organizing Committee. Motion Hearing set for 6/17/2022 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. Responses due by 5/4/2022. Replies due by 5/11/2022. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Wiesner, Eric) (Filed on 4/20/2022) |
| Filing 6 CERTIFICATE OF SERVICE by California Nurses Association/National Nurses Organizing Committee re #1 Notice of Removal,, #5 Certificate of Interested Entities, 3 Case Assigned by Intake,, #4 Initial Case Management Scheduling Order with ADR Deadlines,, (Wiesner, Eric) (Filed on 4/15/2022) |
| Filing 5 Rule 7.1 Disclosures by California Nurses Association/National Nurses Organizing Committee identifying Other Affiliate National Nurses United for California Nurses Association/National Nurses Organizing Committee. (Wiesner, Eric) (Filed on 4/14/2022) |
| 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 7/29/202 2. Initial Case Management Conference set for 8/5/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. (anj, COURT STAFF) (Filed on 4/14/2022) |
| Filing 3 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/28/2022. (anj, COURT STAFF) (Filed on 4/14/2022) |
| Filing 2 Rule 7.1 Disclosures by California Nurses Association/National Nurses Organizing Committee identifying Other Affiliate National Nurses United for California Nurses Association/National Nurses Organizing Committee. (Wiesner, Eric) (Filed on 4/14/2022) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California, County of Sonoma. Their case number is SCV-270114. (Filing fee $402 receipt number ACANDC-17086474). Filed by California Nurses Association/National Nurses Organizing Committee. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Civil Cover Sheet Civil Cover Sheet, #7 Declaration Declaration of Lisa Maldonado, #8 Declaration Declaration of Eric Wiesner, #9 Errata Notice to State Court of Intent to Oppose Federal Court Plaintiff's Complaint)(Wiesner, Eric) (Filed on 4/14/2022) Modified on 4/14/2022 (anj, COURT STAFF). |
| #Electronic filing error. Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office.Re: #2 Certificate of I nterested Entities, filed by California Nurses Association/National Nurses Organizing Committee (anj, COURT STAFF) (Filed on 4/14/2022) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
