Garcia v. Din Tai Fung Restaurant, Inc. et al
| Juana Garcia |
| ANTONIO ULN, SELENA SOTO, DIN TAI FUNG RESTAURANT, INC. and DIN TAI FUNG (SF) RESTAURANT, LLC |
| 5:2020cv02919 |
| April 28, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER GRANTING #16 MOTION TO COMPEL ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS. Signed by Judge Beth Labson Freeman on 11/20/2020.(blflc2S, COURT STAFF) (Filed on 11/20/2020)
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| Filing 43 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 10/22/2020 re #16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc. Oral Argument Hearing, matter taken under submission. Written Order to be Issued by the Court.Total Time in Court: 9:00 - 9:30. Court Reporter: Summer Fisher. Plaintiff Attorney: Juan Gambao, Hector Martinez via Zoom Webinar. Defendant Attorney: Ladell Muhlestein via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 10/22/2020) |
| Filing 42 AMENDED COMPLAINT against All Defendants. Filed byJuana Garcia. (Attachments: #1 Civil Cover Sheet First Amended)(Gamboa, Juan) (Filed on 10/21/2020) |
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Filing 41
ORDER GRANTING #40 STIPULTION AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 10/20/20.(blflc2S, COURT STAFF) (Filed on 10/20/2020)
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| Filing 40 STIPULATION WITH PROPOSED ORDER for Leave to File First Amended Complaint filed by Juana Garcia. (Attachments: #1 Exhibit "A" -Proposed First Amended Complaint)(Gamboa, Juan) (Filed on 10/19/2020) |
| Filing 39 CLERK'S NOTICE CONVERTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE ON 10/22/2020 TO ZOOM WEBINAR. Motion Hearing and Case Management Conference set for 10/22/2020 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than October 21, 2020 at 2:00 PM PST.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.) (tshS, COURT STAFF) (Filed on 10/16/2020) |
| Filing 38 STATUS REPORT Jointly Submitted by Juana Garcia. (Gamboa, Juan) (Filed on 10/14/2020) |
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Filing 37
ORDER GRANTING #34 MOTION FOR JOINDER. Signed by Judge Beth Labson Freeman on August 11, 2020. (blflc2S, COURT STAFF) (Filed on 8/11/2020)
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| Filing 36 REPLY (re #34 MOTION for Joinder to Motion to Compel Arbitration and to Dismiss All State Claims; Memorandum of Points and Authorities ) Defendant Selena Soto's Opposition to Plaintiff's Objection to Joinder in Motion and Motion to Compel Arbitration and To Dismiss All State Claims filed bySelena Soto. (Muhlestein, Ladell) (Filed on 8/7/2020) |
| Filing 35 OBJECTIONS to re #34 MOTION for Joinder to Motion to Compel Arbitration and to Dismiss All State Claims; Memorandum of Points and Authorities by Juana Garcia. (Gamboa, Juan) (Filed on 8/5/2020) |
| Filing 34 MOTION for Joinder to Motion to Compel Arbitration and to Dismiss All State Claims; Memorandum of Points and Authorities filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc., Selena Soto. (Muhlestein, Ladell) (Filed on 8/3/2020) |
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Filing 33
ORDER GRANTING #32 STIPULATION EXTENDING TIME WITHIN WHICH TO FILE A RESPONSIVE PLEADING. Signed by Judge Beth Labson Freeman on July 30, 2020. (blflc2S, COURT STAFF) (Filed on 7/30/2020)
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Filing 32
STIPULATION and Order Extending Time Within Which to File a Responsive Pleading filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc.. (DeLaCruz, Alfred) (Filed on 7/29/2020)
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Filing 31
#30 STIPULATION AND ORDER EXTENDING TIME WITHIN WHICH TO FILE A RESPONSIVE PLEADING. Signed by Judge Beth Labson Freeman on 7/23/2020. (blflc2S, COURT STAFF) (Filed on 7/23/2020)
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| Filing 30 STIPULATION WITH PROPOSED ORDER Extending Time Within Which to File a Responsive Pleading filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc., Selena Soto. (DeLaCruz, Alfred) (Filed on 7/22/2020) |
| Filing 29 Certificate of Interested Entities by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc. (Muhlestein, Ladell) (Filed on 7/8/2020) |
| Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gamboa, Juan) (Filed on 7/7/2020) |
| Filing 27 Certificate of Interested Entities by Juana Garcia (Gamboa, Juan) (Filed on 7/6/2020) |
| Filing 26 SUMMONS Returned Executed by Juana Garcia. Selena Soto served on 6/30/2020, answer due 7/21/2020. (Gamboa, Juan) (Filed on 7/2/2020) |
| Filing 25 NOTICE by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc. NOTICE OF CONTINUANCE OF MOTION AND MOTION TO COMPEL ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS AND CHANGE OF JUDGE AND COURTROOM (Muhlestein, Ladell) (Filed on 6/30/2020) |
| Filing 24 REPLY (re #16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO ) Reply to Opposition to Defendants' Motion to Compel Arbitration and Motion to Dismiss All State Claims filed byDin Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc.. (Attachments: #1 Declaration Al M. De La Cruz)(Muhlestein, Ladell) (Filed on 6/30/2020) |
| Filing 23 CLERK'S NOTICE RESETTING MOTION AND CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Motion Hearing as to #16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO set for 10/22/2020 09:00 AM. Case Management Statement due by 10/15/2020. Initial Case Management Conference set for 10/22/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 6/29/2020) |
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Filing 22
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/25/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 6/25/2020)
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| Filing 21 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 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. (lmh, COURT STAFF) (Filed on 6/25/2020) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc... (Muhlestein, Ladell) (Filed on 6/24/2020) |
| Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO ) filed byJuana Garcia. (Attachments: #1 Declaration of Juan Gamboa In Support of Opposition to Defendant's Motion to Compel Arbitration, #2 Declaration of Juana Garcia In Support of Opposition to Defendant's Motion to Compel Arbitration)(Gamboa, Juan) (Filed on 6/23/2020) |
| Filing 18 Proposed Order re #16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO AMENDED [PROPOSED] ORDER by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc.. (Muhlestein, Ladell) (Filed on 6/10/2020) |
| Filing 17 CLERK'S NOTICE REGARDING Consent or Declination: Defendants are requested to file a consent or declination to proceed before a magistrate judge by 6/17/2020. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/10/2020) |
| Filing 16 MOTION to Compel ARBITRATION AND MOTION TO DISMISS ALL STATE CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY YANG AND EXHIBITS THERETO filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc.. Motion Hearing set for 7/22/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 6/23/2020. Replies due by 6/30/2020. (Attachments: #1 Proposed Order)(Muhlestein, Ladell) (Filed on 6/9/2020) |
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Filing 15
ORDER GRANTING #14 STIPULATION extending time within which to file a responsive pleading to 6/9/2020. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 5/26/2020)
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| Filing 14 STIPULATION WITH PROPOSED ORDER extending time within which to file a responsive pleading filed by Din Tai Fung (SF) Restaurant, LLC, Din Tai Fung Restaurant, Inc.. (DeLaCruz, Alfred) (Filed on 5/22/2020) |
| Filing 13 SUMMONS Returned Executed by Juana Garcia. Din Tai Fung (SF) Restaurant, LLC served on 5/4/2020, answer due 5/26/2020. (Gamboa, Juan) (Filed on 5/7/2020) |
| Filing 12 SUMMONS Returned Executed by Juana Garcia. Din Tai Fung Restaurant, Inc. served on 5/4/2020, answer due 5/26/2020. (Gamboa, Juan) (Filed on 5/7/2020) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Juana Garcia.. (Gamboa, Juan) (Filed on 5/4/2020) |
| Filing 10 Summons Issued as to Selena Soto. (cv, COURT STAFF) (Filed on 4/30/2020) |
| Filing 9 Summons Issued as to Din Tai Fung (SF) Restaurant, LLC. (cv, COURT STAFF) (Filed on 4/30/2020) |
| Filing 8 Summons Issued as to Din Tai Fung Restaurant, Inc.. (cv, COURT STAFF) (Filed on 4/30/2020) |
| Filing 7 Proposed Summons. (Gamboa, Juan) (Filed on 4/30/2020) |
| Filing 6 Proposed Summons. (Gamboa, Juan) (Filed on 4/30/2020) |
| Filing 5 Proposed Summons. (Gamboa, Juan) (Filed on 4/30/2020) |
| Filing 4 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 7/22/202 0. Initial Case Management Conference set for 7/29/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (dhmS, COURT STAFF) (Filed on 4/29/2020) |
| Filing 3 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 5/13/2020. (haS, COURT STAFF) (Filed on 4/29/2020) |
| #Electronic filing error. Proposed summons should not be submitted as an attachment to the complaint. Please re-file the proposed summons in their entirety using the correct event. Re: #1 Complaint/Proposed Summons, filed by Juana Garcia (dhmS, COURT STAFF) (Filed on 4/29/2020) |
| Filing 2 NOTICE of Appearance by Juan Gamboa (Gamboa, Juan) (Filed on 4/28/2020) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14418446.). Filed byJuana Garcia. (Attachments: #1 Civil Cover Sheet, #2 Summons for Defendant Din Tai Fung (SF) Restaurant, LLC, #3 Summons for Defendant Din Tai Fung, Inc., #4 Summons for Defendant Selena Soto, #5 Affidavit of Consent to Sue)(Gamboa, Juan) (Filed on 4/28/2020) |
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