Scianna et al v. Costco Wholesale Corporation
| Amy Muscato Lamson and Marci Scianna |
| Costco Wholesale Corporation |
| 5:2018cv03145 |
| May 25, 2018 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Cruz |
| Nathanael M Cousins |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2019. A more recent docket listing may be available from PACER.
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Filing 71
ORDER OF CONDITIONAL DISMISSAL. Re: Dkt. No. #70 . Signed by Judge Nathanael Cousins on 9/17/2019. (lmh, COURT STAFF) (Filed on 9/17/2019)
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Filing 70
NOTICE by Costco Wholesale Corporation Of Settlement, Joint (Westbrook, Geoffrey) (Filed on 9/17/2019)
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Filing 69
ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE; DENYING REQUEST TO CONTINUE PRETRIAL CONFERENCE; AND DEFERRING REQUEST TO CONTINUE TRIAL. Re: ECF #68 . Counsel must promptly contact courtroom deputy Patricia Cromwell (408.535.5365) to schedule the conference. Signed by Judge Nathanael Cousins on 9/13/2019. (lmh, COURT STAFF) (Filed on 9/13/2019)
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CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Settlement. (lmh, COURT STAFF) (Filed on 9/13/2019)
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Filing 68
Joint MOTION to Continue and Stipulated Request to Continue Trial and Corresponding Pre-Trial Dates; and Stipulation to Attend Settlement Conference Per Court's Recommendation (Dkt 67) filed by Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Westbrook, Geoffrey) (Filed on 9/12/2019)
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Filing 67
ORDER ASKING THE PARTIES WHETHER THE COURT SHOULD REFER THEM TO A SETTLEMENT CONFERENCE WITH A MAGISTRATE JUDGE. Joint response due by 9/13/2019, at 12:00 PM. Signed by Judge Nathanael Cousins on 9/11/2019. (lmh, COURT STAFF) (Filed on 9/11/2019)
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Filing 66
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Re: Dkt. No. #56 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/6/2019)
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Filing 65
PDF with attached Audio File. Court Date & Time [ 8/28/2019 1:15:19 PM ]. File Size [ 15080 KB ]. Run Time [ 00:31:25 ]. (courtspeak).
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Filing 64
Minute Entry for proceedings held before Judge Nathanael M. Cousins. HEARING HELD RE: Motion for Summary Judgment Or in the Alternative, Partial Summary Judgment filed by Costco Wholesale Corporation #56 . Court takes motion under submission. Attorney for Plaintiffs: Aaron Mohammed. Attorney for Defendant: Geoffrey Westbrook. FTR Time: 1:15pm - 1:46pm. Time in Court 31 mins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmhS, COURT STAFF) (Date Filed: 8/28/2019)
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Filing 63
REPLY (re #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment ) to Plaintiffs' Amended Opposition filed byCostco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 8/21/2019)
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Filing 62
OPPOSITION/RESPONSE (re #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment ) filed byAmy Muscato Lamson. (Attachments: #1 Declaration Declaration of Aaron Mohamed, #2 Declaration Declaration of Amy Muscato-Lamson, #3 Declaration Declaration of Marci Scianna, #4 Declaration Declaration of Anna Gizycki, #5 Declaration Declaration of Ismael Torres)(Mohamed, Aaron) (Filed on 8/14/2019)
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Filing 61
ORDER STRIKING THE OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT; RESETTING HEARING. Re: Dkt. No. #59 . The plaintiffs may file a new opposition, compliant with the Civil Local Rules, by 8/14/2019. The defendant may file a new reply by 8/21/2019. The hearing on the motion is reset for 8/28/2019 01:00 PM. Signed by Judge Nathanael Cousins on 8/8/2019. (lmh, COURT STAFF) (Filed on 8/8/2019)
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Filing 60
REPLY (re #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment ) filed byCostco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 7/30/2019)
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Filing 59
*Stricken Per dkt #61 Order Striking Opposition to Motion for Summary Judgment* OPPOSITION/RESPONSE (re #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment ) filed byAmy Muscato Lamson. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement)(Mohamed, Aaron) (Filed on 7/23/2019) Modified on 8/9/2019 (sfbS, COURT STAFF).
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Filing 58
Renotice motion hearing re #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment to August 21, 2019 filed byCostco Wholesale Corporation. (Related document(s) #56 ) (Westbrook, Geoffrey) (Filed on 7/18/2019)
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Filing 57
Declaration of Geoffrey C. Westbrook in Support of #56 MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment filed byCostco Wholesale Corporation. (Attachments: #1 Exhibit A Part 2 of 2 to Declaration of Geoffrey Westbrook (Part 2 of 3), #2 Exhibit B - J to Declaration of Geoffrey C. Westbrook (Part 3 of 3))(Related document(s) #56 ) (Westbrook, Geoffrey) (Filed on 7/9/2019)
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Filing 56
MOTION for Summary Judgment Or in the Alternative, Partial Summary Judgment filed by Costco Wholesale Corporation. Motion Hearing set for 8/14/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 7/23/2019. Replies due by 7/30/2019. (Attachments: #1 Declaration of Anthony McKenzie in Support of Defendant's Motion for Summary Judgment, Etc., #2 Declaration of April Macon in Support of Defendant's Motion for Summary Judgment, Etc., #3 Declaration of Darby Greek in Support of Defendant's Motion for Summary Judgment, Etc., #4 Declaration of Theresa Ramirez in Support of Defendant's Motion for Summary Judgment, Etc., #5 Declaration of Michael Wiederholt in Support of Defendant's Motion for Summary Judgment, Etc., #6 Declaration of Jeff Abadir in Support of Defendant's Motion for Summary Judgment, Etc., #7 Proposed Order Granting Defendant's Motion for Summary Judgment, Etc.)(Westbrook, Geoffrey) (Filed on 7/9/2019)
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Filing 55
NOTICE by Costco Wholesale Corporation of Withdrawal of Appearance of Rabia Z. Reed (Westbrook, Geoffrey) (Filed on 6/21/2019)
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Filing 54
CLERK'S NOTICE VACATING Further Case Management Conference set for 6/26/2019 at 10:00 AM before Judge Nathanael Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/21/2019)
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Filing 53
CASE MANAGEMENT STATEMENT Joint Further filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 6/19/2019)
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Filing 52
PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 4/8/2019. (lmh, COURT STAFF) (Filed on 4/8/2019)
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Filing 51
PDF with attached Audio File. Court Date & Time [ 4/3/2019 10:40:43 AM ]. File Size [ 11104 KB ]. Run Time [ 00:23:08 ]. (courtspeak).
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Filing 50
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 4/3/2019: Request to reopen discovery is denied for lack of good cause; No change in case schedule. Further Telephonic Case Management Conference set for 6/26/2019 10:00 AM; Updated Case Management Statement due by 6/19/2019. Attorney for Plaintiffs: Aaron Mohamed. Attorney for Defendant: Geoffrey Westbrook. FTR Time: 10:40am - 11:03am. Time in Court: 23 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 4/3/2019)
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Filing 49
ORDER GRANTING Defendant's Request to Appear Telephonically at Case Management Conference #47 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. Sigend by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/28/2019)
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Filing 48
ORDER GRANTING Request to Appear Telephonically at Case Management Conference filed by Plaintiffs #45 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/28/2019)
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Filing 47
MOTION to Appear by Telephone at Case Management Conference filed by Costco Wholesale Corporation. (Attachments: #1 Proposed Order Granting Defendant's Request to Appear Telephonically at Case Management Conference)(Westbrook, Geoffrey) (Filed on 3/28/2019)
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Filing 46
CASE MANAGEMENT STATEMENT Joint Further filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 3/27/2019)
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Filing 45
Second MOTION to Appear by Telephone filed by Amy Muscato Lamson. (Attachments: #1 Proposed Order)(Mohamed, Aaron) (Filed on 3/27/2019)
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Filing 44
PDF with attached Audio File. Court Date & Time [ 12/19/2018 10:46:27 AM ]. File Size [ 4000 KB ]. Run Time [ 00:08:20 ]. (courtspeak).
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Filing 43
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 12/19/2018: Fact discovery deadline is extended to 3/8/2019; Further Telephonic Case Management Conference set for 4/3/2019 10:00 AM; Updated CMC statement due 3/27/2019. Attorney for Plaintiffs: Sasha Shahabi. Attorney for Defendant: Geoffrey Westbrook. FTR Time: 10:46am - 10:54am (Total Time: 8 minutes). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 12/19/2018)
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Filing 42
CASE MANAGEMENT STATEMENT Joint Further Case Management Conference Statement filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 12/17/2018)
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Filing 41
ORDER GRANTING Motion to Appear by Telephone filed by Plaintiffs #39 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/17/2018)
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Filing 40
First MOTION for Leave to Appear filed by Amy Muscato Lamson. (Mohamed, Aaron) (Filed on 12/17/2018)
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Filing 39
First MOTION to Appear by Telephone filed by Amy Muscato Lamson. (Attachments: #1 Proposed Order)(Mohamed, Aaron) (Filed on 12/17/2018)
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Filing 38
ORDER GRANTING Motion to Appear by Telephone at Further Case Management Conference filed by Costco Wholesale Corporation #37 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/17/2018)
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Filing 37
MOTION to Appear by Telephone at Further Case Management Conference filed by Costco Wholesale Corporation. (Attachments: #1 Proposed Order Granting Defendant's Request to Appear Telephonically at Case Management Conference)(Westbrook, Geoffrey) (Filed on 12/14/2018)
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Filing 36
Certification of ADR Session by Mediator Katherine Clark: I hereby certify that the parties in this matter held a Mediation session on 12/7/2018. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 12/13/2018)
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Filing 35
PDF with attached Audio File. Court Date & Time [ 12/5/2018 1:17:15 PM ]. File Size [ 9416 KB ]. Run Time [ 00:19:37 ]. (courtspeak).
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Filing 34
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re Joint Discovery Letter Brief #29 held on 12/5/2018: Plaintiffs' Motion re RFP#s 15-17 is granted in part with production of documents from 1/1/2016 to 6/30/2017, with production due 1/25/2019; Plaintiffs' Motion re RFP#s 23-28 is denied. No costs or fees are awarded in connection with this motion. Attorney for Plaintiffs: Aaron Mohamed. Attorney for Defendant: Geoffrey Westbrook. (FTR Time: 1:17pm - 1:36pm.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 12/5/2018)
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Filing 33
NOTICE of Appearance by Lindsay Stevens Fitch (Fitch, Lindsay) (Filed on 11/30/2018)
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Filing 32
ORDER GRANTING Motion to Appear by Telephone at the Hearing on Joint Discovery Letter Brief filed by Costco Wholesale Corporation #31 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/29/2018)
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Filing 31
MOTION to Appear by Telephone at the Hearing on Joint Discovery Letter Brief filed by Costco Wholesale Corporation. (Attachments: #1 Proposed Order Granting Defendant's Request to Appear Telephonically at Hearing on Joint Discovery Letter Brief)(Westbrook, Geoffrey) (Filed on 11/29/2018)
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Filing 30
CLERK'S NOTICE SETTING HEARING RE: Joint Discovery Letter Brief #29 . Motion Hearing set for 12/5/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/28/2018)
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Filing 29
Joint Discovery Letter Brief filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 11/20/2018)
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Set/Reset Hearing Mediation Hearing set for 12/7/2018 09:30 AM., at the Law Offices of Katherine S. Clark, 919 The Alameda, San Jose, CA 95126. (af, COURT STAFF) (Filed on 11/5/2018)
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Filing 28
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Nathanael Cousins on 10/24/2018. (lmh, COURT STAFF) (Filed on 10/24/2018)
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Filing 27
STIPULATION WITH PROPOSED ORDER filed by Amy Muscato Lamson, Marci Scianna. (Peterson, Paul) (Filed on 10/24/2018)
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Filing 26
Pre MED phone conference scheduled on Wednesday, October 24, 2018, at 9:00 AM. Mediator will provide call-in number once the conference is confirmed. If you are not available at that time, let opposing counsel and mediator know alternative times within that week when you are available. (af, COURT STAFF) (Filed on 10/22/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 25
PDF with attached Audio File. Court Date & Time [ 10/17/2018 10:24:02 AM ]. File Size [ 9024 KB ]. Run Time [ 00:18:48 ]. (courtspeak).
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Filing 24
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re Joint Discovery Letter Brief #21 - held 10/17/2018: Plaintiff's motion to quash or limit defendants' third party subpoenas denied for reasons stated on record, without prejudice to entry of protective order by Oct. 24. Attorney for Plaintiffs: Aaron Mohamed. Attorney for Defendant: Geoffrey Westbrook. (FTR Time: 10:24am - 10:42am.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/17/2018). Modified on 10/17/2018 (lmh, COURT STAFF).
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Filing 23
ADR Clerk's Notice Appointing Katherine Clark as Mediator. (af, COURT STAFF) (Filed on 10/16/2018)
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Filing 22
CLERK'S NOTICE SETTING HEARING RE: Joint Discovery Letter Brief #21 . Motion Hearing set for 10/17/2018 10:00 AM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/9/2018)
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Filing 21
Joint Discovery Letter Brief filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 10/5/2018)
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Filing 20
PDF with attached Audio File. Court Date & Time [ 8/29/2018 10:51:17 AM ]. File Size [ 6432 KB ]. Run Time [ 00:13:24 ]. (courtspeak).
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Filing 19
CASE MANAGEMENT SCHEDULING ORDER: Deadline to amend pleadings and add parties is 9/26/2018; Fact discovery must be completed by 2/21/2019; Expert discovery must be completed by 5/8/2019; Dispositive motions must be filed by 7/9/2019; Pretrial Conference set for 10/2/2019 at 2:00 PM, with Pretrial Statement due 9/18/2019; Jury Trial set for five days will commence on 10/21/2019 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins on 8/29/2018. (lmh, COURT STAFF) (Filed on 8/29/2018)
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Filing 18
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Initial Case Management Conference held on 8/29/2018: Case REFERRED to mediation to be completed by 12/14/2018; Further Telephonic Case Management Conference set for 12/19/2018 10:00 AM; Updated Case Management Statement due by 12/17/2018. Court to issue scheduling order. Attorney for Plaintiffs: Aaron Mohamed. Attorney for Defendant: Geoffrey Westbrook. (FTR Time: 10:51am -11:05am.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 8/29/2018)
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Filing 17
CASE MANAGEMENT STATEMENT JOINT filed by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 8/21/2018)
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Filing 16
ORDER GRANTING Motion Appear by Telephone at the Initial Case Management Conference filed by Costco Wholesale Corporation #15 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/20/2018) (Additional attachment(s) added on 8/21/2018: #(1)CORRECT ORDER) (lmh, COURT STAFF). Modified on 8/21/2018 (lmh, COURT STAFF).
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Filing 15
MOTION to Appear by Telephone at the Initial Case Management Conference filed by Costco Wholesale Corporation. (Attachments: #1 Proposed Order Granting Request to Appear Telephonically at the Initial Case Management Conference)(Westbrook, Geoffrey) (Filed on 8/16/2018)
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Filing 14
Certificate of Interested Entities by Amy Muscato Lamson, Marci Scianna (Cowan, Lisa) (Filed on 8/16/2018)
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Filing 13
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Westbrook, Geoffrey) (Filed on 8/6/2018)
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Filing 12
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cowan, Lisa) (Filed on 8/1/2018)
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Filing 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Costco Wholesale Corporation.. (Westbrook, Geoffrey) (Filed on 6/4/2018)
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Filing 10
CERTIFICATE OF SERVICE by Costco Wholesale Corporation re #5 Initial Case Management Scheduling Order with ADR Deadlines,, (Westbrook, Geoffrey) (Filed on 6/1/2018)
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Filing 9
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amy Muscato Lamson, Marci Scianna.. (Cowan, Lisa) (Filed on 5/31/2018)
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Filing 8
DEMAND for Trial by Jury by Amy Muscato Lamson, Marci Scianna. (Cowan, Lisa) (Filed on 5/31/2018)
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Filing 7
DEMAND for Trial by Jury by Costco Wholesale Corporation. (Westbrook, Geoffrey) (Filed on 5/30/2018)
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Filing 6
CERTIFICATE OF SERVICE by Costco Wholesale Corporation Re Removal (Westbrook, Geoffrey) (Filed on 5/30/2018)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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 8/ 22/2018. Initial Case Management Conference set for 8/29/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 5/29/2018)
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Filing 1
Answer to Removal Complaint by Costco Wholesale Corporation. (sfbS, COURT STAFF) (Filed on 5/25/2018)
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Filing 4
Case assigned to Judge Nathanael M. Cousins. 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 6/8/2018. (as, COURT STAFF) (Filed on 5/25/2018)
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Filing 3
Corporate Disclosure Statement by Costco Wholesale Corporation (Westbrook, Geoffrey) (Filed on 5/25/2018)
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Filing 2
Certificate of Interested Entities by Costco Wholesale Corporation (Westbrook, Geoffrey) (Filed on 5/25/2018)
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Filing 1
NOTICE OF REMOVAL from Santa Cruz Superior Court. Their case number is 18CV01190. (Filing fee $400 receipt number 0971-12385706). Filed byCostco Wholesale Corporation. (Attachments: #1 Exhibit Exhibits A-E to Notice of Removal, #2 Civil Cover Sheet)(Westbrook, Geoffrey) (Filed on 5/25/2018)
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