Foster v. Pacific Gas and Electric Long Term Disability Plan
| Mary Foster |
| Pacific Gas and Electric Long Term Disability Plan |
| 4:2023cv04653 |
| September 11, 2023 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Joseph C Spero |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 35 CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for December 19, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by December 12th. 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-04653-HSG. The December 19, 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.PLEASE NOTE: 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 11/6/2023) |
Filing 34
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. Judge Jacqueline Scott Corley no longer assigned to case,. Signed by Clerk on 11/6/2023. (ark, COURT STAFF) (Filed on 11/6/2023)
|
|
Filing 33
ORDER OF RECUSAL. Signed by Judge Jacqueline Scott Corley on 11/3/2023. (ahm, COURT STAFF) (Filed on 11/3/2023)
|
|
Filing 32
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Judge Yvonne Gonzalez Rogers 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 11/3/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 11/3/2023)
|
|
Filing 31
ORDER OF RECUSAL. Signed by Judge Yvonne Gonzalez Rogers on 11/2/2023. (eac, COURT STAFF) (Filed on 11/2/2023)
|
| Filing 30 MOTION to Dismiss Defendant's Notice of Motion and Rule 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint; Memorandum in Support of Motion filed by Pacific Gas and Electric Long Term Disability Plan. Motion to Dismiss Hearing set for 1/16/2024 02:00 PM in Oakland, Courtroom 1, 4th Floor. Responses due by 11/15/2023. Replies due by 11/22/2023. (Attachments: #1 Declaration of Michael L. Junk w/ Exhibits, #2 Proposed Order)(Junk, Michael) (Filed on 11/1/2023) |
| Filing 29 NOTICE by Mary Foster re #28 Amended Complaint Notice of Filing Amended Complaint in Lieu of Opposition to Pending Motion to Dismiss (McDonald, Britney) (Filed on 10/18/2023) |
| Filing 28 AMENDED COMPLAINT against Pacific Gas and Electric Long Term Disability Plan. Filed byMary Foster. (McDonald, Britney) (Filed on 10/18/2023) |
|
Filing 27
APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Yvonne Gonzalez Rogers Granting #25 Motion for Leave to Appear Pro Hac Vice Nancy McTyre. (eac, COURT STAFF) (Filed on 10/18/2023)
|
|
Filing 26
APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Yvonne Gonzalez Rogers granting #24 Motion for Leave to Appear Pro Hac Vice Michael Junk. (eac, COURT STAFF) (Filed on 10/18/2023)
|
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Nancy F. McTyre filed by Pacific Gas and Electric Long Term Disability Plan. (Attachments: #1 Certificate of Good Standing)(McTyre, Nancy) (Filed on 10/18/2023) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Michael L. Junk filed by Pacific Gas and Electric Long Term Disability Plan. (Attachments: #1 Certificate of Good Standing)(Junk, Michael) (Filed on 10/18/2023) |
| Filing 23 CLERK'S NOTICE. You are hereby notified to re-file the Motion for Leave to Appear Pro Hac Vice in #15 and #16 . The addresses for the applicant and the local co-counsel are switched in both applications. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eac, COURT STAFF) (Filed on 10/17/2023) |
| Filing 22 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 12/11/2023. Initial Case Management Conference set for 12/18/2023 at 02:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr Court Appearances: Advanced 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. A list of names and emails must be sent to the CRD at YGRCRD@cand.uscourts.gov no later than December 15, 2023 at 12:00 PM PST. 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/zoom/. (eac, COURT STAFF) (Filed on 10/16/2023) |
|
Filing 21
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 10/13/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 10/13/2023)
|
| Filing 20 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 10/13/2023) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mary Foster.. (McDonald, Britney) (Filed on 10/13/2023) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Pacific Gas and Electric Long Term Disability Plan.. (Ott, Damon) (Filed on 10/13/2023) |
| Filing 17 CLERK'S NOTICE Re: Consent or Declination to Jurisdiction of the United States Magistrate Judge Defendant has filed a Motion to Dismiss. Defendant Pacific Gas and Electric Long Term Disability Plan 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 10/13/2023. (klh, COURT STAFF) (Filed on 10/6/2023) |
| Filing 16 MOTION for leave to appear in Pro Hac Vice Nancy F. McTyre ( Filing fee $ 317, receipt number ACANDC-18712070.) filed by Pacific Gas and Electric Long Term Disability Plan. (Attachments: #1 Certificate of Good Standing)(McTyre, Nancy) (Filed on 10/5/2023) |
| Filing 15 MOTION for leave to appear in Pro Hac Vice Michael L. Junk ( Filing fee $ 317, receipt number ACANDC-18711898.) filed by Pacific Gas and Electric Long Term Disability Plan. (Attachments: #1 Certificate of Good Standing)(Junk, Michael) (Filed on 10/5/2023) |
| Filing 14 NOTICE of Appearance by Atticus Shouyu Lee (Lee, Atticus) (Filed on 10/5/2023) |
| Filing 13 Certificate of Interested Entities by Pacific Gas and Electric Long Term Disability Plan identifying Corporate Parent Pacific Gas and Electric Company for Pacific Gas and Electric Long Term Disability Plan. (Ott, Damon) (Filed on 10/5/2023) |
| Filing 12 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND RULE 12(b)(6) MOTION TO DISMISS PLAINTIFFS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Pacific Gas and Electric Long Term Disability Plan. Motion to Dismiss Hearing set for 12/1/2023 09:30 AM in San Francisco, Courtroom D, 15th Floor. Responses due by 10/19/2023. Replies due by 10/26/2023. (Attachments: #1 Declaration DECLARATION OF MICHAEL L. JUNK IN SUPPORT OF DEFENDANTS MOTION AND RULE 12(b)(6) MOTION TO DISMISS PLAINTIFFS COMPLAINT, #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT)(Ott, Damon) (Filed on 10/5/2023) Modified on 11/3/2023 (ahm, COURT STAFF). |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mary Foster.. (Creitz, Joseph) (Filed on 10/4/2023) |
| Filing 10 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/18/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 10/4/2023) |
| Filing 9 CERTIFICATE OF SERVICE by Mary Foster re #5 Initial Case Management Scheduling Order with ADR Deadlines, #4 Summons Issued, #1 Complaint, Proof of Service of Summons, etc. (Creitz, Joseph) (Filed on 9/15/2023) |
|
Filing 8
Order. Signed 9/14/2023 by Magistrate Judge Joseph C. Spero granting #7 Motion for Pro Hac Vice for Britney McDonald for Mary Foster.(klh, COURT STAFF) (Filed on 9/14/2023)
|
| Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18636945.) Filing fee previously paid on 9/12/2023 filed by Mary Foster. (Attachments: #1 Exhibit COGS)(McDonald, Britney) (Filed on 9/13/2023) |
| #Electronic filing error. Please re-file in its entirety. Re: #6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18636945.) filed by Mary Foster. Local co-counsel's bar number is missing. (klh, COURT STAFF) (Filed on 9/13/2023) |
| Filing 6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18636945.) filed by Mary Foster. (Attachments: #1 Exhibit COGS)(McDonald, Britney) (Filed on 9/12/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/8/2023. Initial Case Management Conference set for 12/15/2023 02:00 PM in San Francisco, Courtroom D, 15th Floor. (cv, COURT STAFF) (Filed on 9/12/2023) |
| Filing 4 Summons Issued as to Pacific Gas and Electric Long Term Disability Plan. (cv, COURT STAFF) (Filed on 9/12/2023) |
| 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 9/25/2023. (cv, COURT STAFF) (Filed on 9/11/2023) |
| Filing 2 Proposed Summons. (Creitz, Joseph) (Filed on 9/11/2023) |
| Filing 1 COMPLAINT against Pacific Gas and Electric Long Term Disability Plan ( Filing fee $ 402, receipt number ACANDC-18632106.). Filed byMary Foster. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Creitz, Joseph) (Filed on 9/11/2023) |
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.
