Viray et al v. United States Postal Service et al
Plaintiff: William Viray and Natividad Navarro Viray
Defendant: Stephen Merritt Raffle, Kaiser Permanente and United States Postal Service
Case Number: 5:2018cv00099
Filed: January 5, 2018
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
2 Judge: Howard R Lloyd
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2018 Filing 45 Mail sent to Natividad Navarro Viray returned as undeliverable re #43 Order on Motion to Relate Case. (sfbS, COURT STAFF) (Filed on 9/6/2018)
August 27, 2018 Filing 44 Mail sent to Natividad Navarro Viray returned as undeliverable re #41 Order on Administrative Motion per Civil Local Rule 7-11,. (sfbS, COURT STAFF) (Filed on 8/27/2018)
August 27, 2018 Opinion or Order Filing 43 ORDER GRANTING #42 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED. Signed by Judge Beth Labson Freeman on 8/27/2018.(blflc2S, COURT STAFF) (Filed on 8/27/2018) (Additional attachment(s) added on 8/28/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
August 14, 2018 Filing 42 MOTION to Relate Case and Declaration of Claire T. Cormier and Request for Judicial Notice filed by United States Postal Service. (Attachments: #1 Exhibit A through C)(Cormier, Claire) (Filed on 8/14/2018)
August 9, 2018 Opinion or Order Filing 41 ORDER GRANTING #40 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED. Signed by Judge Beth Labson Freeman on 8/9/2018.(blflc2S, COURT STAFF) (Filed on 8/9/2018) (Additional attachment(s) added on 8/14/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
August 2, 2018 Filing 40 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related ; Declaration of Claire T. Cormier and Request for Judicial Notice filed by United States Postal Service. Responses due by 8/6/2018. (Cormier, Claire) (Filed on 8/2/2018)
July 30, 2018 Filing 39 Mail sent to Natividad Navarro Viray returned as undeliverable re #36 Order on Motion to Dismiss. (sfbS, COURT STAFF) (Filed on 7/30/2018)
July 23, 2018 Filing 38 Mail sent to Natividad Navarro Viray returned as undeliverable re #20 Order. (sfbS, COURT STAFF) (Filed on 7/23/2018)
April 25, 2018 Filing 37 JUDGMENT. Signed by Judge Beth Labson Freeman on 4/25/2018. (blflc2S, COURT STAFF) (Filed on 4/25/2018) (Additional attachment(s) added on 4/26/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
April 25, 2018 Opinion or Order Filing 36 ORDER GRANTING #22 #28 #30 DEFENDANTS' MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND; VACATING HEARINGS AND CASE MANAGEMENT CONFERENCE SCHEDULED FOR AUGUST 16, 2018. Signed by Judge Beth Labson Freeman on 4/25/2018. (blflc2S, COURT STAFF) (Filed on 4/25/2018) (Additional attachment(s) added on 4/26/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
April 18, 2018 Filing 35 NOTICE by Kaiser Permanente NOTICE OF NON-OPPOSITION TO KAISER FOUNDATION HEALTH PLAN, INC., AND THE PERMANENTE MEDICAL GROUP INC.'S MOTION TO DISMISS (Simonson, John) (Filed on 4/18/2018)
April 16, 2018 Filing 34 REPLY (re #30 MOTION to Dismiss First Amended Complaint ) filed byStephen Merritt Raffle. (Attachments: #1 Certificate/Proof of Service)(Kelly, Kevin) (Filed on 4/16/2018)
April 13, 2018 Filing 33 REPLY (re #22 MOTION to Dismiss First Amended Complaint ) filed byUnited States Postal Service. (Cormier, Claire) (Filed on 4/13/2018)
March 30, 2018 Filing 32 Letter from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/30/2018)
March 29, 2018 Filing 30 MOTION to Dismiss First Amended Complaint filed by Stephen Merritt Raffle. Motion Hearing set for 8/16/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/12/2018. Replies due by 4/19/2018. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Kelly, Kevin) (Filed on 3/29/2018)
March 28, 2018 Filing 31 Letters from William Castanares Viray. (Attachments: #1 Supplement Letter, #2 Supplement Letter, #3 Supplement Letter, #4 Supplement Letter, #5 Supplement Letter, #6 Supplement Letter, #7 Supplement Letter)(sfbS, COURT STAFF) (Filed on 3/28/2018)
March 28, 2018 Filing 28 MOTION to Dismiss filed by Kaiser Permanente. Motion Hearing set for 8/16/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/11/2018. Replies due by 4/18/2018. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate/Proof of Service Proof of Service)(Simonson, John) (Filed on 3/28/2018)
March 28, 2018 Filing 27 Answer to Amended Complaint and Demand for Jury byKaiser Permanente. (Simonson, John) (Filed on 3/28/2018)
March 27, 2018 Filing 29 Letter from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/27/2018)
March 27, 2018 Filing 23 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/9/2018. Initial Case Management Conference set for 8/16/2018 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 3/27/2018)
March 27, 2018 Filing 22 MOTION to Dismiss First Amended Complaint filed by United States Postal Service. Motion Hearing set for 8/16/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/10/2018. Replies due by 4/17/2018. (Cormier, Claire) (Filed on 3/27/2018)
March 26, 2018 Filing 26 Letter from William Castanares Viray. (Attachments: #1 Similar Letter)(sfbS, COURT STAFF) (Filed on 3/26/2018)
March 23, 2018 Filing 25 Letter from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/23/2018)
March 22, 2018 Filing 24 Letter from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/22/2018)
March 20, 2018 Filing 21 Letter from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/20/2018)
March 19, 2018 Opinion or Order Filing 20 ORDER CONSTRUING #19 AS AN AMENDED COMPLAINT AND DIRECTING DEFENDANTS TO RESPOND. Signed by Judge Beth Labson Freeman on 3/19/2018. (blflc2S, COURT STAFF) (Filed on 3/19/2018) (Additional attachment(s) added on 3/20/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
March 15, 2018 Filing 19 AMENDED COMPLAINT from William Castanares Viray. (sfbS, COURT STAFF) (Filed on 3/15/2018)
February 20, 2018 Opinion or Order Filing 18 ORDER GRANTING #8 #9 DEFENDANTS' MOTIONS TO DISMISS WITH LEAVE TO AMEND; VACATING HEARINGS AND CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAY 31, 2018. Signed by Judge Beth Labson Freeman on 2/20/2018. (blflc2S, COURT STAFF) (Filed on 2/20/2018) (Additional attachment(s) added on 2/21/2018: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
February 9, 2018 Filing 17 CLERK'S NOTICE RESETTING MOTION HEARINGS AND CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT #8 MOTION to Dismiss , #9 MOTION to Dismiss . Motion Hearing set for 5/31/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Case Management Statement due by 5/24/2018. Initial Case Management Conference set for 5/31/2018 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 2/9/2018)
February 8, 2018 Filing 16 REPLY (re #9 MOTION to Dismiss ) AND REQUEST FOR ORDER WITHOUT HEARING filed byStephen Merritt Raffle. (Attachments: #1 Certificate/Proof of Service)(Kelly, Kevin) (Filed on 2/8/2018)
February 2, 2018 Filing 15 REPLY (re #8 MOTION to Dismiss ) filed byUnited States Postal Service. (Attachments: #1 Declaration of Claire T. Cormier and Request for Judicial Notice, #2 Exhibit A)(Cormier, Claire) (Filed on 2/2/2018)
February 2, 2018 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings pursuant to Order that Case be Reassigned to a District Judge. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(bwS, COURT STAFF) (Filed on 2/2/2018)
February 2, 2018 Opinion or Order Filing 13 ORDER REASSIGNING CASE TO A DISTRICT JUDGE. Signed by Magistrate Judge Howard R. Lloyd on 2/2/2018. (hrllc3S, COURT STAFF) (Filed on 2/2/2018)
January 31, 2018 Filing 12 ANSWER to Complaint with Jury Demand byKaiser Permanente. (Simonson, John) (Filed on 1/31/2018)
January 23, 2018 Filing 11 CERTIFICATE OF SERVICE re #10 Order, Set Hearings (pmc, COURT STAFF) (Filed on 1/23/2018)
January 23, 2018 Opinion or Order Filing 10 Order continuing hearing on motions to dismiss. Motion hearing continued to 2/27/2018 at 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 1/23/2018. (hrllc3S, COURT STAFF) (Filed on 1/23/2018)
January 23, 2018 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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. Consent/Declination due by 2/2/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc3S, COURT STAFF) (Filed on 1/23/2018)
January 18, 2018 Filing 9 MOTION to Dismiss filed by Stephen Merritt Raffle. Motion Hearing set for 2/22/2018 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 2/1/2018. Replies due by 2/8/2018. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Kelly, Kevin) (Filed on 1/18/2018)
January 12, 2018 Filing 8 MOTION to Dismiss filed by United States Postal Service. Motion Hearing set for 2/22/2018 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 1/26/2018. Replies due by 2/2/2018. (Attachments: #1 Declaration of Dino Desorbo, #2 Declaration of Kimberly Herbst)(Cormier, Claire) (Filed on 1/12/2018)
January 12, 2018 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Postal Service.. (Cormier, Claire) (Filed on 1/12/2018)
January 8, 2018 Filing 6 CERTIFICATE OF SERVICE by United States Postal Service re #5 Initial Case Management Scheduling Order with ADR Deadlines (Cormier, Claire) (Filed on 1/8/2018)
January 8, 2018 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/3/2018. Initial Case Management Conference set for 4/10/2018 01:30 PM in Courtroom 2, 5th Floor, San Jose. (sfbS, COURT STAFF) (Filed on 1/8/2018)
January 5, 2018 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stephen Merritt Raffle.. (Attachments: #1 Certificate/Proof of Service)(Kelly, Kevin) (Filed on 1/5/2018)
January 5, 2018 Filing 3 CERTIFICATE OF SERVICE by United States Postal Service re 2 Case Assigned by Intake,,, #1 Notice of Removal, (Cormier, Claire) (Filed on 1/5/2018)
January 5, 2018 Filing 2 Case assigned to Magistrate Judge Howard R. Lloyd. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/19/2018. (srnS, COURT STAFF) (Filed on 1/5/2018)
January 5, 2018 Filing 1 NOTICE OF REMOVAL OF CIVIL ACTION from Santa Clara County Superior Court, Small Claims. Their case number is 17SC072064. (). Filed byUnited States Postal Service. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Cormier, Claire) (Filed on 1/5/2018)

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Search for this case: Viray et al v. United States Postal Service et al
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Plaintiff: William Viray
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Plaintiff: Natividad Navarro Viray
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Defendant: Stephen Merritt Raffle
Represented By: Kevin Peter Kelly
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Defendant: Kaiser Permanente
Represented By: John Stewart Simonson
Represented By: Matthew A. Bisbee
Represented By: Yvonne Michelle Pierrou
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Defendant: United States Postal Service
Represented By: Claire T. Cormier
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