Prado v. Dart Container Corporation of California
| Miguel Prado |
| Dart Container Corporation of California |
| 5:2018cv07286 |
| November 30, 2018 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Lucy H Koh |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Received Acknowledgment Letter from Superior Court - County of Santa Clara. (dhmS, COURT STAFF) (Filed on 5/16/2019) |
| Filing 36 Remand Transmittal Letter mailed to Superior Court, County of Santa Clara (dhmS, COURT STAFF) (Filed on 3/20/2019) |
Filing 35
Order by Judge Lucy H. Koh Granting #14 Motion to Remand; Denying Request for Attorneys' Fees; Denying #16 Motion for Leave to File Amended Notice of Removal. (lhklc4, COURT STAFF) (Filed on 3/18/2019)
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| Filing 34 **CLERK'S NOTICE** VACATING March 21, 2019 Hearing for #14 Motion to Remand. Matter to be determined on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 3/14/2019) |
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Filing 33
ORDER by Judge Lucy H. Koh finding as moot #31 Motion to Appear by Telephone due to continuance of Case Management Conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 3/1/2019)
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| Filing 32 **CLERKS NOTICE.** Initial Case Management Conference continued from 3/6/2019 to 5/8/2019 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Joint Case Management Statement due 7 days prior, on 5/1/2019. (kedS, COURT STAFF) (Filed on 3/1/2019) |
| Filing 31 MOTION to Appear by Telephone At Initial Case Management Conference filed by Dart Container Corporation of California. (Attachments: #1 Proposed Order)(Gallegos, Yesenia) (Filed on 2/28/2019) |
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Filing 30
ORDER by Judge Lucy H. Koh granting #28 Motion to Appear by Telephone. Counsel shall contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (kedS, COURT STAFF) (Filed on 2/28/2019)
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| Filing 29 JOINT CASE MANAGEMENT STATEMENT & [Proposed] Order filed by Dart Container Corporation of California. (Russell, Andrew) (Filed on 2/28/2019) |
| Filing 28 MOTION to Appear by Telephone filed by Miguel Prado. (Attachments: #1 Proposed Order Granting Plaintiff's Request to Appear By Telephone at Initial Case Management Conference)(Setareh, Chaim) (Filed on 2/27/2019) |
| Filing 27 JOINT CASE MANAGEMENT STATEMENT filed by Dart Container Corporation of California. (Gallegos, Yesenia) (Filed on 2/27/2019) |
| Filing 26 NOTICE of Change In Counsel by Howard Scott Leviant (Leviant, Howard) (Filed on 2/22/2019) |
| Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Setareh, Chaim) (Filed on 2/22/2019) |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Dart Container Corporation of California (Gallegos, Yesenia) (Filed on 2/22/2019) |
| Filing 23 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 2/14/2019) |
| Filing 22 REPLY (re #16 MOTION for Leave to File Amended Notice of Removal ) filed byDart Container Corporation of California. (Gallegos, Yesenia) (Filed on 2/1/2019) |
| Filing 21 OPPOSITION/RESPONSE (re #16 MOTION for Leave to File Amended Notice of Removal ) to Defendant's Motion to File Amended Notice of Removal filed byMiguel Prado. (Setareh, Chaim) (Filed on 1/25/2019) |
| Filing 20 REPLY (re #14 MOTION to Remand ) in Support of Motion to Remand filed byMiguel Prado. (Setareh, Chaim) (Filed on 1/25/2019) |
| Filing 19 ANSWER to Amended Complaint byDart Container Corporation of California. (Russell, Andrew) (Filed on 1/18/2019) |
| Filing 18 OPPOSITION/RESPONSE (re #14 MOTION to Remand ) filed byDart Container Corporation of California. (Attachments: #1 Declaration of Yesenia M. Gallegos)(Russell, Andrew) (Filed on 1/18/2019) |
| Filing 17 CLERK'S NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to #16 MOTION for Leave to File Amended Notice of Removal: Motion Hearing set for 4/25/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.), (ecgS, COURT STAFF) (Filed on 1/17/2019) |
| Filing 16 MOTION for Leave to File Amended Notice of Removal filed by Dart Container Corporation of California. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Of Yesenia M. Gallegos, #3 Proposed Order)(Gallegos, Yesenia) (Filed on 1/11/2019) |
| Filing 15 CLERK'S NOTICE Correcting TIME for Motion Hearing. Set/Reset Deadlines as to #14 MOTION to Remand . Motion Hearing set for 3/21/2019 01:30 PM in San Jose, Courtroom 7, 4th Floor before Judge Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS, COURT STAFF) (Filed on 1/7/2019) Modified text to correct typographical error on year on 1/7/2019 (ecgS, COURT STAFF). |
| Set/Reset Deadlines as to #14 MOTION to Remand . Motion Hearing set for 3/21/2019 01:30 PM in San Jose, Courtroom 7, 4th Floor before Judge Lucy H. Koh. (ecgS, COURT STAFF) (Filed on 1/7/2019) |
| Filing 14 MOTION to Remand filed by Miguel Prado. Motion Hearing set for 3/21/2019 02:00 PM in San Jose, Courtroom 4, 5th Floor before Judge Lucy H. Koh. Responses due by 1/18/2019. Replies due by 1/25/2019. (Attachments: #1 Declaration of Shaun Setareh, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Setareh, Chaim) (Filed on 1/4/2019) |
| Filing 13 STIPULATION re #12 Amended Complaint - Extending Time to Respond filed by Dart Container Corporation of California. (Russell, Andrew) (Filed on 12/26/2018) |
| Filing 12 AMENDED COMPLAINT against All Defendants. Filed byMiguel Prado. (Setareh, Chaim) (Filed on 12/17/2018) |
| Filing 11 **CLERK'S NOTICE FOLLOWING CASE RE-ASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case re-assignment to Judge Lucy Koh, an Initial Case Management Conference is set for 3/6/2019 at 2:00 P.M. in Courtroom 8, 4th floor, in San Jose, California. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 12/14/2018) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh 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 Virginia K. DeMarchi remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 12/14/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 12/14/2018)
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| Filing 9 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. (pmc, COURT STAFF) (Filed on 12/14/2018) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dart Container Corporation of California.. (Russell, Andrew) (Filed on 12/14/2018) |
| Filing 7 CERTIFICATE OF SERVICE by Dart Container Corporation of California of Standing Orders of Magistrate Judge Virginia DeMarchi and Judges of San Jose and US District Court of Northern California, Case Management Statement and Consenting to a Magistrate Judge's Jurisdiction in the Northern District of California (Russell, Andrew) (Filed on 12/12/2018) |
| Filing 6 CERTIFICATE OF SERVICE by Dart Container Corporation of California re #2 Certificate of Interested Entities, #1 Notice of Removal, #5 Initial Case Management Scheduling Order with ADR Deadlines,, #3 Civil Cover Sheet (Russell, Andrew) (Filed on 12/11/2018) |
| 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 2/ 26/2019. Initial Case Management Conference set for 3/5/2019 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 12/3/2018) |
| Filing 4 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 12/17/2018. (haS, COURT STAFF) (Filed on 12/3/2018) |
| Filing 3 Civil Cover Sheet by Dart Container Corporation of California (Amended). (Russell, Andrew) (Filed on 12/3/2018) |
| Filing 2 Certificate of Interested Entities by Dart Container Corporation of California re #1 Notice of Removal, (Russell, Andrew) (Filed on 11/30/2018) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 18CV336217. (Filing fee $400 receipt number 0971-12890709). Filed byDart Container Corporation of California. (Attachments: #1 Declaration of Andrew W. Russell, #2 Declaration of Rachel Miyata, #3 Civil Cover Sheet)(Russell, Andrew) (Filed on 11/30/2018) |
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