Soto v. United Airlines, Inc.
| Roger Soto |
| United Airlines Inc |
| 4:2024cv03045 |
| May 21, 2024 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2024. A more recent docket listing may be available from PACER.
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Filing 40
ORDER (as modified) GRANTING #39 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Case Management Statement due by 9/17/2024. Initial Case Management Conference via a Zoom webinar set for 9/24/2024 02:00 PM. The Zoom webinar information and instructions remain the same as previously provided in docket no. 38 . Signed by Judge Haywood S. Gilliam, Jr. on 7/15/2024. (ndr, COURT STAFF) (Filed on 7/15/2024)
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| *** #35 JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES TERMINATED, Re-Filed as Docket No. #39 .*** (ndr, COURT STAFF) (Filed on 7/15/2024) |
| Filing 39 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES filed by United Airlines Inc. (Attachments: #1 Proposed Order)(Clark, Michelle) (Filed on 7/12/2024) |
| Filing 38 CLERK'S NOTICE RE DOCKET NO. 34 . Notice is hereby given that the case management conference, previously set for August 27, 2024 will be held on that day before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. via a Zoom webinar instead of by phone. All attorneys and pro se litigants appearing for the case management conference are required to join at least 15 minutes before the hearing to check-in with the CRD. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/hsg 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/3/2024) |
| Filing 37 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 7/2/2024) |
| Filing 36 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #35 . Counsel are directed to meet and confer and e-file a revised stipulation and proposed continuing the case management conference and related deadlines. The revised stipulation and proposed order should accurately reflect the current case management conference date and related deadlines (see docket no. 34 ). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/2/2024) |
| Filing 35 ***Re-Filed as Docket No. #39 .***STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES filed by United Airlines Inc. (Attachments: #1 Proposed Order)(Clark, Michelle) (Filed on 7/1/2024) Modified on 7/15/2024 (ndr, COURT STAFF). |
| Filing 34 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 August 27, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 20th. 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 4:24-cv-03045-HSG. The August 27, 2024 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 5/29/2024) |
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Filing 33
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 Thomas S. Hixson no longer assigned to case,. Signed by Clerk on 5/29/2024. (sec, COURT STAFF) (Filed on 5/29/2024)
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| Filing 32 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. (tshlc1, COURT STAFF) (Filed on 5/28/2024) |
| Filing 31 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Roger Soto.. (Barnes, Robert) (Filed on 5/28/2024) |
| Filing 30 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Airlines Inc.. (Clark, Michelle) (Filed on 5/28/2024) |
| Filing 29 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 5/28/2024. 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.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 5/21/2024) |
| Filing 28 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. Joint Case Management Statement due by 8/15/2024. Initial Case Management Conference set for 8/22/2024 at 10:00 AM in San Francisco, Courtroom E, 15th Floor. (tn, COURT STAFF) (Filed on 5/21/2024) |
| Filing 27 Case Transferred in from United States District Court for the Eastern District of California; Case Number 2:23-cv-02148-DJC-JDP. Original file certified copy of transfer order and docket sheet received. |
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Filing 26
ORDER signed by District Judge Daniel J. Calabretta on 5/17/24 GRANTING IN PART AND DENYING IN PART #9 Defendant's Motion to Dismiss or in the Alternative to Transfer Venue. All dates and deadlines set before the undersigned are VACATED. Case TRANSFERRED to the Northern District of California. CASE CLOSED. (Kastilahn, A)
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| Filing 25 REPLY by United Airlines, Inc. in support of #9 Motion to Dismiss. (Attachments: #1 Certificate of Service)(Hernandez, Jr., Gerardo) Modified on 5/6/2024 (Benson, A.). |
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Filing 24
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 4/23/2024 EXTENDING the deadline to file and serve reply to the #16 Opposition is due 5/3/2024. (Woodson, A)
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| Filing 23 STIPULATION and PROPOSED ORDER for Extension of Deadline to File and Serve Reply to Opposition re #9 Motion to Dismiss by United Airlines, Inc. (Attachments: #1 Proposed Order, #2 Proof of Service)(Rodriguez, Emilio) Modified on 4/24/2024 (Mena-Sanchez, L). |
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Filing 22
ORDER signed by District Judge Daniel J. Calabretta on 04/02/2024 GRANTING #21 Application for Pro Hac Vice. Added Attorney Lexis Anderson, PHV for Roger Soto. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Murphy, J)
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| Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Roger Soto for attorney Lexis Anderson to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11438992) (Barnes, Robert) |
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Filing 20
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 3/28/2024 CONTINUING the defendants deadline to file and serve its Reply to the Plaintiff's #16 Opposition to the Motion to Dismiss by 4/24/24. The Motion Hearing for the #9 Motion to Dismiss is set for 5/23/2024 at 1:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Woodson, A)
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| Filing 19 STIPULATION and PROPOSED ORDER for Deadline to File and Serve Reply to Plaintiffs Opposition to Defendants Motion to Dismiss re Minute Order (ECF No. 18) , by United Airlines, Inc.. (Attachments: #1 Proposed Order)(Clark, Michelle) |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 3/22/2024: On March 8, 2024, the Court ordered Plaintiff's counsel to show cause in writing within seven (7) days of the Order why the Court should not construe Plaintiff's prior failure to file a timely opposition as a non-opposition to Defendant United Airlines, Inc.'s Motion to Dismiss. See ECF No. 12 . On March 15, 2024, Plaintiff's counsel timely filed a response to the Order to Show Cause (ECF No. #17 ) and also filed an Opposition (ECF No. #16 ) to Defendant's #9 Motion to Dismiss. As a result, the Court VACATES the 12 Order to Show Cause. Further, Defendant United Airlines, Inc. is INSTRUCTED to file a Reply in ten (10) days from the entry of this Order. Counsel shall confer and contact Judge Calabretta's courtroom deputy, Gabriel Michel, via email at gmichel@caed.uscourts.gov, to obtain an available date to re-notice the motion for hearing. IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 17 RESPONSE to 12 ORDER to SHOW CAUSE by Roger Soto. (Barnes, Robert) |
| Filing 16 OPPOSITION by Roger Soto to #9 Motion to Dismiss,. (Barnes, Robert) |
| Filing 15 CERTIFICATE / PROOF of SERVICE by United Airlines, Inc. re #14 Notice of Appearance, #13 Notice of Appearance. (Rodriguez, Emilio) |
| Filing 14 NOTICE of APPEARANCE by Emilio Rodriguez on behalf of United Airlines, Inc.. Attorney Rodriguez, Emilio added. (Rodriguez, Emilio) |
| Filing 13 NOTICE of APPEARANCE by Michelle Ann Clark on behalf of United Airlines, Inc.. Attorney Clark, Michelle Ann added. (Clark, Michelle) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 3/8/2024: On 1/9/2024, Defendant United Airlines, Inc. filed a Motion to Dismiss. (ECF No. #9 .) Pursuant to Local Rules for this district, the deadline for Plaintiff to file an opposition or statement of non-opposition was fourteen days after the Motion to Dismiss was filed. L.R. 230(c); see also Fed. R. Civ. P. 78. Fourteen days have passed, and Plaintiff has failed to file an opposition, statement of non-opposition, or a request for an extension of time to do so. Accordingly, IT IS HEREBY ORDERED that within seven (7) days of this Order Plaintiff must show cause in writing why the Court should not construe Plaintiff's failure to file a timely opposition as a non-opposition to Defendant's Motion to Dismiss and why this case should not be dismissed for failure to prosecute. See L.R. 230(c). Further, pursuant to Local Rule 230(g), the 3/28/2024 hearing on Defendant's Motion to Dismiss (ECF No. 9) is VACATED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 1/12/2024: The parties shall file a Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Case Management Order referenced on Judge Calabretta's webpage under Case Management Procedures, within thirty (30) days after the Court's ruling on Defendant's pending #9 Motion to Dismiss. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) |
| Filing 10 EXHIBIT to Declaration of Emilio A. Rodriguez filed by Defendant United Airlines, Inc. re #9 Motion to Dismiss. (Attachments: #1 Exhibit A)(Hernandez, Jr., Gerardo) Modified on 1/11/2024 (Mena-Sanchez, L). |
| Filing 9 MOTION to DISMISS by United Airlines, Inc. Motion Hearing SET for 3/28/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Attachments: #1 Memorandum of Points and Authorities, #2 Factural Declaration of Kirk Limacher, #3 Declaration of Emilio A. Rodriguez, #4 Proposed Order)(Hernandez, Jr., Gerardo) Modified on 1/11/2024 (Mena-Sanchez, L). |
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Filing 8
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 12/6/2023 ORDERING that defendant's time to serve and file a response to Plaintiff's complaint shall be EXTENDED through and including 1/9/2024. (Mena-Sanchez, L)
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| Filing 7 STIPULATION and PROPOSED ORDER for JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT TO FILE AN ANSWER TO INITIAL COMPLAINT by United Airlines, Inc.. (Hernandez, Jr., Gerardo) |
| Filing 6 SUMMONS RETURNED EXECUTED: United Airlines, Inc. served on 11/17/2023, answer due 12/8/2023. (Barnes, Robert) |
| Filing 5 CIVIL COVER SHEET filed by Roger Soto (Barnes, Robert) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Licea Chavez, V) |
| Filing 3 SUMMONS ISSUED as to *United Airlines, Inc* with answer to complaint due within *21* days. Attorney *Robert Edward Barnes* *Robert Barnes* *700 S. Flower St. Suite 1000* *Los Angeles, CA 90017*. (Licea Chavez, V) |
| Filing 2 CLERK'S NOTICE to Attorney Robert Barnes re Civil Case Cover Sheet: Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Lawrence, A) |
| Filing 1 COMPLAINT against United Airlines, Inc. by Roger Soto. Attorney Barnes, Robert Edward added. (Filing fee $ 402, receipt number ACAEDC-11100495) (Attachments: # 1 Civil Cover Sheet)(Barnes, Robert) |
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