McManus v. The Clorox Company
| James McManus |
| The Clorox Company and The Employee Benefits Committee of The Clorox Company 401(k) Plan |
| 4:2023cv05325 |
| October 18, 2023 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 Request for Judicial Notice re #24 MOTION to Dismiss Complaint Pursuant to Fed R. Civ. P. 12(B)(1) and 12(B)(6) filed byThe Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (Related document(s) #24 ) (Fleckner, James) (Filed on 12/13/2023) |
| Filing 25 Declaration of David Rosenberg in Support of #24 MOTION to Dismiss Complaint Pursuant to Fed R. Civ. P. 12(B)(1) and 12(B)(6) filed byThe Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (Attachments: #1 Exhibit 1 - Clorox 401K Plan and Amendments, #2 Exhibit 2 - Clorox 401K Plan SPD, #3 Exhibit 3 - Clorox 401K Plan 5500 (2022), #4 Exhibit 4 - Clorox 401K Plan 5500 (2021), #5 Exhibit 5 - Clorox 401K Plan 5500 (2020), #6 Exhibit 6 - Clorox 401K Plan 5500 (2019), #7 Exhibit 7 - Clorox 401K Plan 5500 (2018), #8 Exhibit 8 - Clorox 401K Plan 5500 (2017), #9 Exhibit 9 - H.R. Report)(Related document(s) #24 ) (Rosenberg, David) (Filed on 12/13/2023) |
| Filing 24 MOTION to Dismiss Complaint Pursuant to Fed R. Civ. P. 12(B)(1) and 12(B)(6) filed by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. Motion to Dismiss Hearing set for 2/20/2024 02:00 PM in Oakland, Courtroom 1, 4th Floor. Responses due by 12/27/2023. Replies due by 1/3/2024. (Attachments: #1 Proposed Order)(Fleckner, James) (Filed on 12/13/2023) |
Filing 23
ORDER GRANTING STIPULATION TO SET A BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE by Judge Yvonne Gonzalez Rogers Granting #22 Stipulation. The Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 3/4/2024. Initial Case Management Conference set for 3/11/2024 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 March 8, 2024 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/. Defendant's Motion to Dismiss due by 12/13/2023. Plaintiff's Opposition due by 1/15/2024. Defendant's Reply due by 2/1/2024. Defendant's Motion to Dismiss Hearing set for 2/20/2024 at 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (eac, COURT STAFF) (Filed on 12/4/2023)
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| Filing 22 STIPULATION WITH PROPOSED ORDER to Set a Briefing Schedule for Defendants' Motion to Dismiss and Continue the Case Management Conference filed by James McManus. (Attachments: #1 Proposed Order)(Pawlenko, Kye) (Filed on 12/1/2023) |
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Filing 21
APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Yvonne Gonzalez Rogers Granting #19 Motion for Pro Hac Vice (David Rosenberg). (eac, COURT STAFF) (Filed on 11/28/2023)
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Filing 20
APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER by Judge Yvonne Gonzalez Rogers Granting #18 Motion for Pro Hac Vice (James Fleckner). (eac, COURT STAFF) (Filed on 11/28/2023)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18843020.) filed by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (Rosenberg, David) (Filed on 11/16/2023) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18842845.) filed by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (Fleckner, James) (Filed on 11/16/2023) |
| Filing 17 STIPULATION to Extend Time to Respond to Initial Complaint by Not More Than 30 Days Pursuant to Local Civil Rule 6-1 filed by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (Schuman, Brett) (Filed on 11/8/2023) |
| Filing 16 Certificate of Interested Entities by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan (Schuman, Brett) (Filed on 11/8/2023) |
| Filing 15 Corporate Disclosure Statement by The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan (Schuman, Brett) (Filed on 11/8/2023) |
| Filing 14 NOTICE of Appearance by Brett Michael Schuman (Schuman, Brett) (Filed on 11/8/2023) |
| Filing 13 CERTIFICATE OF SERVICE by James McManus on The Employee Benefits Committee of The Clorox Company 401(k) Plan (Pawlenko, Kye) (Filed on 10/25/2023) |
| Filing 12 CERTIFICATE OF SERVICE by James McManus on The Clorox Company (Pawlenko, Kye) (Filed on 10/25/2023) |
| Filing 11 NOTICE of Appearance by Matthew Bryan Hayes (Hayes, Matthew) (Filed on 10/25/2023) |
| Filing 10 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 1/15/2024. Initial Case Management Conference set for 1/22/2024 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 January 19, 2024 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 10/20/2023) |
| Filing 9 ***PLEASE DISREGARD. POSTED IN ERROR. REFER TO #10 FOR CORRECT CASE MANAGEMENT SETTING.*** 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 1/9/2024. Initial Case Management Conference set for 1/16/2024 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 January 13, 2024 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 10/20/2023) Modified on 10/20/2023 (eac, COURT STAFF). |
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Filing 8
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 Kandis A. Westmore 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 10/20/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 10/20/2023)
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| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/9/2024. Initial Case Management Conference set for 1/16/2024 01:30 PM in Oakland, - To be determined. (sec, COURT STAFF) (Filed on 10/19/2023) |
| Filing 6 Summons Issued as to The Clorox Company, The Employee Benefits Committee of The Clorox Company 401(k) Plan. (sec, COURT STAFF) (Filed on 10/19/2023) |
| Filing 5 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 10/19/2023) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James McManus.. (Pawlenko, Kye) (Filed on 10/19/2023) |
| 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 11/2/2023. (kmg, COURT STAFF) (Filed on 10/19/2023) |
| Filing 2 Proposed Summons. (Pawlenko, Kye) (Filed on 10/18/2023) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-18750600.). Filed byJames McManus. (Attachments: #1 Civil Cover Sheet)(Pawlenko, Kye) (Filed on 10/18/2023) |
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