Al Otat v. Cycle Gear, Inc. et al
| Isin Al Otat |
| Cycle Gear, Inc., Comoto Holdings, Inc. and Comoto Holdings, LLC |
| 4:2023cv02808 |
| June 7, 2023 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Kandis A Westmore |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER by Judge Haywood S. Gilliam, Jr. Granting #20 Motion for Pro Hac Vice for Schildhammer, Ann. (ndr, COURT STAFF) (Filed on 8/3/2023)
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| Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18511332.) filed by Comoto Holdings, Inc., Comoto Holdings, LLC, Cycle Gear, Inc.. (Schildhammer, Ann) (Filed on 8/3/2023) |
| Filing 19 Receipt from SF Superior Court. (hdj, COURT STAFF) (Filed on 8/2/2023) |
| Filing 18 Mailed order to SF Superior Court (hdj, COURT STAFF) (Filed on 7/25/2023) |
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Filing 17
ORDER (as modified) GRANTING #16 STIPULATION TO REMAND ACTION TO STATE COURT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 7/24/2023. (ndr, COURT STAFF) (Filed on 7/24/2023)
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| Filing 16 STIPULATION WITH PROPOSED ORDER TO REMAND ACTION TO STATE COURT filed by Comoto Holdings, Inc., Comoto Holdings, LLC, Cycle Gear, Inc.. (Sugg, Wendy) (Filed on 7/21/2023) |
| Filing 15 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #14 . If counsel wants to appear remotely at the motion to remand hearing, then she must e-file an administrative motion along with a proposed order on the docket. Making such a request via a foot note on the motion to remand pleading is not appropriate. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/7/2023) Modified on 7/7/2023 to change administrative request to administrative motion (ndr, COURT STAFF). |
| Filing 14 Amended MOTION to Remand PURSUANT TO 28 U.S.C. 1447 filed by Isin Al Otat. Motion Hearing set for 10/5/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/21/2023. Replies due by 7/28/2023. (Attachments: #1 Declaration Declaration of Jessica Gomez ISO Plaintiffs Motion for Remand, #2 Exhibit 1 of Gomez Decl., #3 Exhibit 2 of Gomez Decl., #4 Exhibit 3 of Gomez Decl., #5 Exhibit 4 of Gomez Decl., #6 Exhibit 5 of Gomez Decl., #7 Exhibit 6 of Gomez Decl., #8 Proposed Order [Proposed] Order, #9 Supplement Request for Judicial Notice, #10 Exhibit A of Request for Judicial Notice, #11 Exhibit B of Request for Judicial Notice, #12 Exhibit C of Request for Judicial Notice)(Gomez, Jessica) (Filed on 7/7/2023) |
| Filing 13 CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #9 - #12 . Counsel is directed to re-file the motion to remand in it's entirety and re-notice it for hearing. Counsel is directed to check the Court's scheduling notes before selecting a new hearing date. August 24, 2023 was not the Court's next available hearing date when this motion was e-filed. When re-filing the motion, the supporting documents (declarations, exhibits, and proposed order) must be e-filed as attachments to the motion filing and not e-filed incorrectly as separate motion filings on the docket. The Court location on the pleadings should also be reflecting US District Court not Superior Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/7/2023) |
| Filing 12 [PROPOSED] ORDER RE MOTION to Remand PURSUANT TO 28 U.S.C. 1447 filed by Isin Al Otat. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/21/2023. Replies due by 7/28/2023. (Gomez, Jessica) (Filed on 7/7/2023) Modified on 7/7/2023 to correct docket text (ndr, COURT STAFF). |
| Filing 11 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE WITH EXHIBITS RE MOTION to Remand PURSUANT TO 28 U.S.C. 1447 filed by Isin Al Otat. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/21/2023. Replies due by 7/28/2023. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C)(Gomez, Jessica) (Filed on 7/7/2023) Modified on 7/7/2023 to correct docket text (ndr, COURT STAFF). |
| Filing 10 DECLARATION OF JESSICA GOMEZ WITH EXHIBITS RE MOTION to Remand PURSUANT TO 28 U.S.C. 1447 filed by Isin Al Otat. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/21/2023. Replies due by 7/28/2023. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex.5, #6 Exhibit Ex. 6)(Gomez, Jessica) (Filed on 7/7/2023) Modified on 7/7/2023 to correct docket text (ndr, COURT STAFF). |
| Filing 9 ***REFILED SEE DOCKET NO. #14 .*** MOTION to Remand PURSUANT TO 28 U.S.C. 1447 filed by Isin Al Otat. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/21/2023. Replies due by 7/28/2023. (Gomez, Jessica) (Filed on 7/7/2023) Modified on 7/7/2023 (ndr, COURT STAFF). |
| ***Docket Nos. #10 , #11 , and #12 Terminated. Supporting Documents Misfiled as Motions.*** (ndr, COURT STAFF) (Filed on 7/7/2023) |
| *** #9 MOTION to Remand PURSUANT TO 28 U.S.C. 1447 TERMINATED, RE-FILED AS DOCKET NO. #14 . *** (ndr, COURT STAFF) (Filed on 7/7/2023) |
| Filing 8 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for September 5, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 29th. 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 4:23-cv-02808-HSG. The September 5, 2023 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. NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 6/15/2023) |
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Filing 7
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 Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 6/14/2023. (bar, COURT STAFF) (Filed on 6/14/2023)
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| Filing 6 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. (wft, COURT STAFF) (Filed on 6/14/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Comoto Holdings, Inc., Comoto Holdings, LLC, Cycle Gear, Inc... (Sugg, Wendy) (Filed on 6/14/2023) |
| 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 8/29/2023. Initial Case Management Conference set for 9/5/2023 01:30 PM in Oakland, - To be determined. (hdj, COURT STAFF) (Filed on 6/8/2023) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 6/21/2023. (ark, COURT STAFF) (Filed on 6/7/2023) |
| Filing 2 Certificate of Interested Entities by Comoto Holdings, Inc., Comoto Holdings, LLC, Cycle Gear, Inc. identifying Corporate Parent Comoto Holdings, LLC for Comoto Holdings, Inc.; Corporate Parent Comoto Holdings, Inc. for Cycle Gear, Inc.. (Sugg, Wendy) (Filed on 6/7/2023) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-23-606243. (Filing fee $402 receipt number ACANDC-18338801). Filed byComoto Holdings, LLC, Comoto Holdings, Inc., Cycle Gear, Inc.. (Attachments: #1 Exhibit 1, #2 Wade Declaration, #3 Civil Cover Sheet)(Sugg, Wendy) (Filed on 6/7/2023) |
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