Bathija v. Vivint Wireless, Inc.
Plaintiff: Pravin Bathija
Defendant: Vivint Wireless, Inc.
Case Number: 5:2018cv04389
Filed: July 19, 2018
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Nathanael M Cousins
Referring Judge: Edward J Davila
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2018 Filing 27 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Please take NOTICE that the Initial Case Management Conference scheduled for 10/18/2018 is HEREBY RESET to 12/20/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 12/10/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 9/14/2018)
September 11, 2018 Filing 26 REPLY (re #22 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim ) filed byVivint Wireless, Inc.. (Attachments: #1 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 9/11/2018)
September 11, 2018 Filing 25 ERRATA re #24 Opposition/Response to Motion,, CORRECTION OF DOCKET #24 by Pravin Bathija. (Attachments: #1 Errata Errata re: Pltf's CORRECTED Opp Brief to Def's Mots to Dismiss, Transfer, or Stay, #2 Declaration Dec of SMC ISO Pltf's Corrected Opp Brief to Def's Mots to Dismiss, Transfer, or Stay, #3 Exhibit Exh. A to Dec of SMC ISO Pltf's Corrected Opp Brief to Def's Mots to Dismiss, Transfer, or Stay, #4 Certificate/Proof of Service COS)(Chanley, Steven) (Filed on 9/11/2018)
September 4, 2018 Filing 24 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim ) filed byPravin Bathija. (Attachments: #1 Declaration Bathija, #2 Declaration SMC, #3 Exhibit SMC Dec, #4 Exhibit SMC Dec, #5 Exhibit SMC Dec, #6 Exhibit SMC Dec, #7 Exhibit SMC Dec, #8 Exhibit SMC Dec, #9 Exhibit SMC Dec, #10 Exhibit SMC Dec, #11 Exhibit SMC Dec, #12 Exhibit SMC Dec, #13 Exhibit SMC Dec, #14 Certificate/Proof of Service)(Chanley, Steven) (Filed on 9/4/2018)
August 30, 2018 Filing 23 CERTIFICATE OF SERVICE by Pravin Bathija re. Standing Orders (Chanley, Steven) (Filed on 8/30/2018)
August 21, 2018 Filing 22 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim filed by Vivint Wireless, Inc.. Motion Hearing set for 11/15/2018 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 9/4/2018. Replies due by 9/11/2018. (Attachments: #1 Declaration of Dale R. Gerard, #2 Exhibit A to Declaration of Dale R. Gerard, #3 Declaration of Chet A. Kronenberg, #4 Exhibit A to Declaration of Chet A. Kronenberg, #5 Exhibit B to Declaration of Chet A. Kronenberg, #6 Exhibit C to Declaration of Chet A. Kronenberg, #7 Exhibit D to Declaration of Chet A. Kronenberg, #8 Exhibit E to Declaration of Chet A. Kronenberg, #9 Exhibit F to Declaration of Chet A. Kronenberg, #10 Proposed Order, #11 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 8/21/2018)
August 20, 2018 Filing 21 REPLY (re #15 MOTION to Remand ) CORRECTION OF DOCKET #20 filed byPravin Bathija. (Attachments: #1 Errata, #2 Declaration, #3 Certificate/Proof of Service)(Chanley, Steven) (Filed on 8/20/2018)
August 17, 2018 Filing 20 *** posted in error *** PLEASE see #21 REPLY (re #15 MOTION to Remand ) filed by Pravin Bathija. (Attachments: #1 Certificate/Proof of Service)(Chanley, Steven) (Filed on 8/17/2018) Modified on 8/20/2018 (cv, COURT STAFF).
August 10, 2018 Filing 19 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) filed byVivint Wireless, Inc.. (Attachments: #1 Declaration of Chet A. Kronenberg, #2 Exhibit A to Declaration of Chet A. Kronenberg, #3 Exhibit B to Declaration of Chet A. Kronenberg, #4 Exhibit C to Declaration of Chet A. Kronenberg, #5 Exhibit D to Declaration of Chet A. Kronenberg, #6 Exhibit E to Declaration of Chet A. Kronenberg, #7 Exhibit F to Declaration of Chet A. Kronenberg, #8 Exhibit G to Declaration of Chet A. Kronenberg, #9 Exhibit H to Declaration of Chet A. Kronenberg, #10 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 8/10/2018)
August 9, 2018 Opinion or Order Filing 18 ORDER RE: #17 AMENDED COMPLAINT. The Motion to Dismiss #12 is TERMINATED. Any re-filed motion to dismiss shall be noticed for hearing at 9:00 a.m. on 11/15/2018. The Motion to Remand #15 is unaffected by the Amended Complaint. Signed by Judge Edward J. Davila on 8/9/2018. (ejdlc1S, COURT STAFF) (Filed on 8/9/2018)
August 8, 2018 Filing 17 AMENDED COMPLAINT against Vivint Wireless, Inc.. Filed byPravin Bathija. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate/Proof of Service)(Chanley, Steven) (Filed on 8/8/2018)
August 2, 2018 Filing 16 Statement Opposing Notice of Pendency of Related Proceeding by Pravin Bathija. (Attachments: #1 Declaration Declaration of Steven M. Chanley in Support of Plaintiff Pravin Bathija's Statement Opposing Notice of Pendency of Related Proceeding, #2 Exhibit Exhibit A to Declaration of Steven M. Chanley, #3 Certificate/Proof of Service Certificate of Service Plaintiff Pravin Bathija's Statement Opposing Notice of Pendency of Related Proceeding, #4 Certificate/Proof of Service Certificate of Service Declaration of Steven M. Chanley ISO Plaintiff Pravin Bathija's Statement Opposing Notice of Pendency of Related Proceeding)(Chanley, Steven) (Filed on 8/2/2018)
July 27, 2018 ***Set hearing as to #15 Motion to Remand. Motion Hearing set for 11/15/2018 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 7/27/2018)
July 27, 2018 Filing 15 MOTION to Remand this action to Santa Clara County Superior Court filed by Pravin Bathija. Responses due by 8/10/2018. (Attachments: #1 Certificate/Proof of Service, #2 Declaration, #3 Certificate/Proof of Service, #4 Proposed Order, #5 Certificate/Proof of Service)(Chanley, Steven) (Filed on 7/27/2018) Modified on 7/27/2018 (cv, COURT STAFF).
July 27, 2018 Filing 14 CERTIFICATE OF SERVICE by Vivint Wireless, Inc. re #13 Request for Judicial Notice, #12 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim (Kronenberg, Chet) (Filed on 7/27/2018)
July 27, 2018 Filing 13 Request for Judicial Notice re #12 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim filed byVivint Wireless, Inc.. (Related document(s) #12 ) (Kronenberg, Chet) (Filed on 7/27/2018)
July 27, 2018 Filing 12 MOTION to Dismiss or Transfer Based on Delaware Forum Selection Clause; or Stay Pending Resolution of Vivint Wireless' Declaratory Judgment Claim Against Plaintiff in Delaware Chancery Court; or Dismiss Based on Failure to State a Claim filed by Vivint Wireless, Inc.. Motion Hearing set for 11/15/2018 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/10/2018. Replies due by 8/17/2018. (Attachments: #1 Declaration of Dale R. Gerard, #2 Exhibit A to Declaration of Dale R. Gerard, #3 Exhibit B to Declaration of Dale R. Gerard, #4 Declaration of Chet A. Kronenberg, #5 Exhibit A to Declaration of Chet A. Kronenberg, #6 Exhibit B to Declaration of Chet A. Kronenberg, #7 Exhibit C to Declaration of Chet A. Kronenberg, #8 Exhibit D to Declaration of Chet A. Kronenberg, #9 Exhibit E to Declaration of Chet A. Kronenberg, #10 Proposed Order)(Kronenberg, Chet) (Filed on 7/27/2018)
July 27, 2018 Set/Reset Deadlines as to #12 . Motion Hearing set for 11/15/2018 09:00 AM in San Jose, Courtroom 8, 4th Floor before Judge Edward J. Davila. (iym, COURT STAFF) (Filed on 7/27/2018)
July 25, 2018 Filing 11 (Text Only) CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 10/11/2018. Initial Case Management Conference set for 10/18/2018 at 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (iym, COURT STAFF) (Filed on 7/25/2018)
July 25, 2018 Filing 10 NOTICE of Appearance by Charles D Reiter for Defendant Vivint Wireless, Inc. (Reiter, Charles) (Filed on 7/25/2018)
July 24, 2018 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings pursuant to Clerk's Notice of Impending Reassignment to a U.S. District Court 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 Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 7/24/2018. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 7/24/2018)
July 24, 2018 Filing 8 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 7/24/2018)
July 23, 2018 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Vivint Wireless, Inc... (Kronenberg, Chet) (Filed on 7/23/2018) **Case Number on form is incorrect** Modified on 7/24/2018 (lmh, COURT STAFF).
July 19, 2018 Filing 6 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 10 /10/2018. Initial Case Management Conference set for 10/17/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 7/19/2018)
July 19, 2018 Filing 5 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 8/2/2018. (srnS, COURT STAFF) (Filed on 7/19/2018)
July 19, 2018 Filing 4 Corporate Disclosure Statement by Vivint Wireless, Inc. identifying Corporate Parent Vivint Group, Inc. for Vivint Wireless, Inc.. re #1 Notice of Removal, (Attachments: #1 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 7/19/2018)
July 19, 2018 Filing 3 Certificate of Interested Entities by Vivint Wireless, Inc. identifying Corporate Parent Vivint Group, Inc. for Vivint Wireless, Inc.. re #1 Notice of Removal, (Attachments: #1 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 7/19/2018)
July 19, 2018 Filing 2 NOTICE by Vivint Wireless, Inc. re #1 Notice of Removal, of Pendency of Other Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 7/19/2018)
July 19, 2018 Filing 1 NOTICE OF REMOVAL from Superior Court of CA County of Santa Clara. Their case number is 18CV328454. (Filing fee $400 receipt number 0971-12526693). Filed byVivint Wireless, Inc.. (Attachments: #1 Exhibit A-C to Notice of Removal, #2 Civil Cover Sheet, #3 Certificate/Proof of Service)(Kronenberg, Chet) (Filed on 7/19/2018)

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Plaintiff: Pravin Bathija
Represented By: Steven Merle Chanley
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Defendant: Vivint Wireless, Inc.
Represented By: Chet Alan Kronenberg
Represented By: Charles D Reiter
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