Christy J Kwon-v-American Automobile Association of Northern California, Nevada & Utah
| American Automobile Association of Northern California, Nevada & Utah |
| National Labor Relations Board Region #32 |
| 4:2024cv07978 |
| November 14, 2024 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 160 (1) National Labor Relations Act |
| None |
Docket Report
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Filing 49
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #47 Stipulation. (ndr, COURT STAFF) (Filed on 1/10/2025)
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| Filing 48 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 1/9/2025. Total Time in Court: 1 hour and 10 minutes. Court Reporter: Melanie Sonntag appearing via Zoom. Plaintiff Attorney: Amanda Brunt. Defendant Attorney: Thomas Posey. Motion for preliminary injunction (docket no. #16 ) is argued. Parties are directed to meet and confer and e-file by Monday (January 13, 2025) a joint filing that indicates the location(s) in the record reflecting communications between the parties re the June 2023 bargaining impasse. The motion will be deemed submitted on the papers once the joint filing is e-filed on the docket unless otherwise ordered. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 1/9/2025) |
| Filing 47 STIPULATION WITH PROPOSED ORDER re #8 Initial Case Management Scheduling Order with ADR Deadlines,, filed by National Labor Relations Board Region #32. (Davenport, Leigh) (Filed on 1/9/2025) |
| Filing 46 Declaration of Amanda Brunt in Support of #44 Reply to Opposition/Response, filed byNational Labor Relations Board Region #32. (Related document(s) #44 ) (Davenport, Leigh) (Filed on 1/9/2025) |
| Filing 45 Declaration of Dustin Cramer in Support of #36 Opposition/Response to Motion, filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Related document(s) #36 ) (Posey, Thomas) (Filed on 1/7/2025) |
| Filing 44 REPLY (re #16 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support ) filed byNational Labor Relations Board Region #32. (Attachments: #1 Declaration, #2 Exhibit Index, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Brunt, Amanda) (Filed on 12/27/2024) |
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Filing 43
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #39 Petitioner's Motion for Temporary Restraining Order. The issue raised in the motion was already raised in the pending application for preliminary injunction, which is being briefed on an agreed-upon schedule and heard on January 9, 2025. The Court will decide this issue along with the others raised in the pending application, and there is no clear explanation for why Petitioner filed a duplicative TRO application at 9:39 P.M. on the Friday before Christmas directed to an action not scheduled to occur until February 1, 2025, nearly a month after the preliminary injunction hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 12/23/2024)
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| *** #41 MOTION for Extension of Time to File Opposition to Motion for Temporary Injunction Consistent with Local Rul 7-3 or in the Alternative to Set 14-Day Opposition Brief Deadline TERMINATED as moot in light of Docket No. 43 .*** (ndr, COURT STAFF) (Filed on 12/23/2024) |
| Filing 42 OPPOSITION/RESPONSE (re #41 MOTION for Extension of Time to File Opposition to Motion for Temporary Injunction Consistent with Local Rul 7-3 or in the Alternative to Set 14-Day Opposition Brief Deadline ) filed byNational Labor Relations Board Region #32. (Brunt, Amanda) (Filed on 12/22/2024) |
| Filing 41 MOTION for Extension of Time to File Opposition to Motion for Temporary Injunction Consistent with Local Rul 7-3 or in the Alternative to Set 14-Day Opposition Brief Deadline filed by American Automobile Association of Northern California, Nevada & Utah. (Attachments: #1 Declaration Declaration of Thomas J. Posey, #2 Declaration Declaration of Alyson D. Dieckman)(Dieckman, Alyson) (Filed on 12/20/2024) |
| Filing 40 Brief re #39 MOTION for Temporary Restraining Order Memorandum of Points and Authorities in Support filed byNational Labor Relations Board Region #32. (Related document(s) #39 ) (Brunt, Amanda) (Filed on 12/20/2024) |
| Filing 39 MOTION for Temporary Restraining Order filed by National Labor Relations Board Region #32. (Attachments: #1 Declaration, #2 Exhibit Index, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order Show Cause, #8 Proposed Order Granting TRO)(Brunt, Amanda) (Filed on 12/20/2024) |
| Filing 38 DECLARATION of Michele Tracy Taylor in Opposition to #36 Opposition/Response to Motion, filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Related document(s) #36 ) (Dieckman, Alyson) (Filed on 12/13/2024) |
| Filing 37 AFFIDAVIT in Opposition re #16 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Related document(s) #16 ) (Dieckman, Alyson) (Filed on 12/13/2024) |
| Filing 36 OPPOSITION/RESPONSE (re #16 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support ) filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Dieckman, Alyson) (Filed on 12/13/2024) |
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Filing 35
ORDER GRANTING #33 STIPULATION. Reset Deadlines as to Docket No. #16 : Responses due by 12/13/2024 Replies due by 12/27/2024 Signed by Judge Haywood S. Gilliam, Jr. on 12/4/2024. (ndr, COURT STAFF) (Filed on 12/4/2024)
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| Filing 34 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #33 . 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 12/3/2024) |
| Filing 33 STIPULATION WITH PROPOSED ORDER filed by American Automobile Association of Northern California, Nevada & Utah. (Posey, Thomas) (Filed on 12/3/2024) |
| *** #28 MOTION for Reconsideration TERMINATED, See Docket No. 32 .*** (ndr, COURT STAFF) (Filed on 11/27/2024) |
| Filing 32 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held via a Zoom webinar on 1/26/2024. Total Time in Court: 14 Minutes. Not Reported. Plaintiff Attorney: Leigh Davenport; Richard McPalmer; and Amanda Brunt. Defendant Attorney: Thomas Posey. The parties are directed to meet and confer and e-file within one week from today (December 3, 2024) a stipulation and proposed order if they propose a revised briefing schedule as to the motion for preliminary injunction (docket no. #16 ). The administrative motion (docket no. #28 ) is TERMINATED by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/26/2024) Modified on 11/27/2024 to correct spacing and correct docket no. 18 to reflect 28 (ndr, COURT STAFF). Modified on 11/27/2024 (ndr, COURT STAFF). |
| Filing 31 OPPOSITION/RESPONSE (re #18 ADMINISTRATIVE MOTION Try 10(j) Petition for Temporary Injunction on Available Administrative Record and Supplemental Affidavits ) filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Dieckman, Alyson) (Filed on 11/26/2024) |
| Filing 30 CLERK'S NOTICE SETTING A CASE MANAGEMENT CONFERENCE RE DOCKET NO. #28 .Notice is hereby given that a Case Management Conference via a Zoom webinar has been set for today, November 26, 2024, before Judge Haywood S. Gilliam, Jr., at 3:00 p.m.The Zoom webinar information and instructions remain the same aspreviously provided in docket no. 11 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/26/2024) |
| Filing 29 Declaration of Thomas J. Posey in Support of #28 MOTION for Reconsideration re 26 Order,,, filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Related document(s) #28 ) (Posey, Thomas) (Filed on 11/25/2024) |
| Filing 28 MOTION for Reconsideration re 26 Order,,, filed by American Automobile Association of Northern California, Nevada & Utah. (Attachments: #1 Proposed Order)(Posey, Thomas) (Filed on 11/25/2024) |
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Filing 27
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #25 Motion for Pro Hac Vice for Alyson Dayan Girton Dieckman. **Docket No. #24 TERMINATED, Re-Filed as Docket No. #25 .*** (ndr, COURT STAFF) (Filed on 11/25/2024)
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Filing 26
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Respondent to file a response to the pending petition for temporary restraining order, Dkt. No. #1 by no later than 5:00 p.m. today, Monday, November 25, 2024. Based on the answer Respondent filed, Dkt. No. #21 Respondent appears to oppose the temporary relief sought by Petitioner. If this is Respondent's position, Respondent must file a brief that sets forth in detail its arguments opposing Petitioner's motion and that provides supporting facts and legal authority. Respondent's answer is not a sufficient response to substantively oppose the pending motion for temporary relief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 11/25/2024)
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| Filing 25 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number 133480.) Filing fee previously paid on 11/22/2024 filed by American Automobile Association of Northern California, Nevada & Utah. (Dieckman, Alyson) (Filed on 11/25/2024) |
| Filing 24 ***Re-Filed as Docket No. #25 .*** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number 133480.) Filing fee previously paid on 11/22/2024 filed by American Automobile Association of Northern California, Nevada & Utah. (Dieckman, Alyson) (Filed on 11/25/2024) Modified on 11/25/2024 (ndr, COURT STAFF). |
| *** #19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number 133480.) TERMINATED, Re-Filed as Docket No. #24 .*** (ndr, COURT STAFF) (Filed on 11/25/2024) |
| Filing 23 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #19 . The information on the application must match the docket. Your name on the application does not match the docket (your name listed on the docket is Alyson Dayan Girton Dieckman). Either update the information on the docket or e-file a revised application (with attachments) with the correct information reflected on it. If you update the information on the docket, please notify the CRD via e-mail after it's been done. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 11/22/2024) |
| Filing 22 Declaration of Thomas J. Posey in Support of #21 Answer to Complaint filed byAmerican Automobile Association of Northern California, Nevada & Utah. (Related document(s) #21 ) (Posey, Thomas) (Filed on 11/22/2024) |
| Filing 21 ANSWER to Complaint by American Automobile Association of Northern California, Nevada & Utah. (Posey, Thomas) (Filed on 11/22/2024) |
| Filing 20 Corporate Disclosure Statement by American Automobile Association of Northern California, Nevada & Utah (Posey, Thomas) (Filed on 11/22/2024) |
| Filing 19 ***Re-Filed as Docket No. #24 .*** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number 133480.) Filing fee previously paid on 11/22/2024 filed by American Automobile Association of Northern California, Nevada & Utah. (Dieckman, Alyson) (Filed on 11/22/2024) Modified on 11/25/2024 (ndr, COURT STAFF). |
| Filing 18 ADMINISTRATIVE MOTION Try 10(j) Petition for Temporary Injunction on Available Administrative Record and Supplemental Affidavits filed by National Labor Relations Board Region #32. Responses due by 11/26/2024. (Attachments: #1 Declaration Brunt Declaration in Support of Motion, #2 Proposed Order Proposed Order)(Brunt, Amanda) (Filed on 11/22/2024) Modified on 11/27/2024 to unterm (ndr, COURT STAFF). |
| Filing 17 CERTIFICATE OF SERVICE by National Labor Relations Board Region #32 re #10 Affidavit of Service, #1 Ex Parte Application Amended Proof of Service (Brunt, Amanda) (Filed on 11/21/2024) |
| Filing 16 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support filed by National Labor Relations Board Region #32. Motion Hearing set for 1/9/2025 02:00 PM in Oakland, - To be determined before Judge Haywood S Gilliam Jr.. Responses due by 12/5/2024. Replies due by 12/12/2024. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Declaration, #8 Proposed Order Proposed Order to Show Cause)(Brunt, Amanda) (Filed on 11/21/2024) |
| ***Docket No. #13 TERMINATED, Re-filed as Docket No. #16 . Reset Hearing as to #16 MOTION for Preliminary Injunction : Motion Hearing set for 1/9/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (location as previously docketed is not to be determined).*** (ndr, COURT STAFF) (Filed on 11/21/2024) |
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Filing 15
ORDER by Judge Haywood S. Gilliam, Jr. DENYING #14 Motion for Leave to File Excess Pages. (ndr, COURT STAFF) (Filed on 11/19/2024)
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| Filing 14 MOTION for Leave to File Excess Pages for Memorandum of Points and Authorities filed by National Labor Relations Board Region #32. (Attachments: #1 Proposed Order Stipulation and Proposed Order)(Brunt, Amanda) (Filed on 11/18/2024) |
| Filing 13 MOTION for Preliminary Injunction Memorandum of Points and Authorities in Support filed by National Labor Relations Board Region #32. Motion Hearing set for 1/9/2024 02:00 PM in Oakland, - To be determined before Judge Haywood S Gilliam Jr.. Responses due by 12/2/2024. Replies due by 12/9/2024. (Attachments: #1 Declaration Brunt Declaration in Support of MPA, #2 Exhibit Index of Exhibits-MPA, #3 Exhibit Transcript, #4 Exhibit GC Exhibits, #5 Exhibit GC Exhibits, #6 Exhibit Affidavits, #7 Exhibit Affidavits, #8 Proposed Order Show Cause)(Brunt, Amanda) (Filed on 11/18/2024) |
| Filing 12 NOTICE of Appearance filed by Thomas Posey on behalf of American Automobile Association of Northern California, Nevada & Utah (Posey, Thomas) (Filed on 11/18/2024) |
| Filing 11 CLERK'S NOTICE RE DOCKET NO. #8 . Notice is hereby given that the initial case management conference, previously set for February 18, 2025 will be on that date before Judge Haywood S. Gilliam, Jr. via a Zoom webinar at 2:00 p.m. 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 11/18/2024) |
| Filing 10 AFFIDAVIT of Service for Initiating Documents served on Registered Corporate Agent, CEO Doney, Mario Ragasa on 11/15/2024, filed by National Labor Relations Board Region #32. (Brunt, Amanda) (Filed on 11/15/2024) |
| Filing 9 Summons Issued as to American Automobile Association of Northern California, Nevada & Utah. (hdj, COURT STAFF) (Filed on 11/15/2024) |
| Filing 8 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 2/11/2025. Initial Case Management Conference set for 2/18/2025 02:00 PM in Oakland, - Telephonic Only. (hdj, COURT STAFF) (Filed on 11/15/2024) |
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Filing 7
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Petitioner Regional Director of Region 32 of the National Labor Relations Board to serve the petition for temporary injunction, Dkt. No. #1 and this order on Respondent American Automobile Association of Northern California, Nevada, & Utah by no later than 5:00 p.m. on Friday, November 15, 2024. Petitioner must also file a declaration and any supporting proof confirming that this was done by 6:00 p.m. on Friday, November 15, 2024. Should Respondent oppose the relief sought by Petitioner, Respondent must file a response no later than 5:00 p.m. on Friday, November 22, 2024. The petition will stand submitted at that time unless otherwise ordered. (hsglc3, COURT STAFF) (Filed on 11/14/2024)
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| Filing 6 NOTICE of Appearance filed by Leigh Kathryn Davenport on behalf of National Labor Relations Board Region #32 (Davenport, Leigh) (Filed on 11/14/2024) |
| Filing 5 NOTICE of Appearance filed by Richard Joseph McPalmer on behalf of National Labor Relations Board Region #32 (McPalmer, Richard) (Filed on 11/14/2024) |
| Filing 4 Case assigned to Judge Haywood S Gilliam, Jr. 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. (as, COURT STAFF) (Filed on 11/14/2024) |
| Filing 3 Proposed Summons. (Brunt, Amanda) (Filed on 11/14/2024) |
| Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Labor Relations Board Region #32.. (Brunt, Amanda) (Filed on 11/14/2024) |
| Filing 1 PETITION for Temporary Injunction against American Automobile Association of Northern California, Nevada & Utah (). Filed by National Labor Relations Board Region #32. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Petition Exhibit 1/7, #3 Exhibit Petition Exhibit 2/7, #4 Exhibit Petition Exhibit 3/7, #5 Exhibit Petition Exhibit 4/7, #6 Exhibit Petition Exhibit 5/7, #7 Exhibit Petition Exhibit 6/7, #8 Exhibit Petition Exhibit 7/7, #9 Declaration Kwon Decl. In Support of Petition, #10 Proposed Order, #11 Civil Cover Sheet)(Brunt, Amanda) (Filed on 11/14/2024) Modified on 11/14/2024 to add the gavel (ndr, COURT STAFF). |
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| Search for this case: Christy J Kwon-v-American Automobile Association of Northern California, Nevada & Utah | |
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| Petitioner: National Labor Relations Board Region #32 | |
| Represented By: | Amanda Marie Brunt |
| Represented By: | Richard Joseph McPalmer |
| Represented By: | Leigh Kathryn Davenport |
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| Defendant: American Automobile Association of Northern California, Nevada & Utah | |
| Represented By: | Alyson Dayan Girton Dieckman |
| Represented By: | Thomas Posey |
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