Sheppard v. Staffmark Investment, LLC et al
| Tracee Sheppard |
| UPS Mail Innovations, Inc. and Staffmark Investment, LLC |
| 5:2020cv05443 |
| August 6, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| Labor: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
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Filing 40
Case Remanded to Santa Clara County Superior Court per dkt #39 Order Granting and Remanding. (Attachments: #1 Order to Remand, #2 docket) (sfbS, COURT STAFF) (Filed on 2/24/2021)
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Filing 39
ORDER GRANTING #22 #30 DEFENDANTS MOTIONS TO COMPEL ARBITRATION; AND REMANDING STATE LAW CLAIM. Signed by Judge Beth Labson Freeman on 2/23/2021. (blflc2S, COURT STAFF) (Filed on 2/23/2021)
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Filing 38
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 2/11/2021 re #22 First MOTION to Compel Arbitration filed by Staffmark Investment, LLC. Total Time in Court: 38 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Fawn Beckam via Zoom Webinar. Defendant Attorney: Aaron Cole, Susan Steward, Kieran Hurtley 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: 2/11/2021)
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Filing 37
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR. Motion Hearing as to #22 First MOTION to Compel Arbitration set for 2/11/2021 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 February 10, 2021 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 2/8/2021)
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MOTION HEARING VACATED re #30 MOTION to Compel Arbitration and Stay PAGA Claim. (tshS, COURT STAFF) (Filed on 2/5/2021)
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Filing 36
ORDER VACATING JUNE 17, 2021 HEARING. Signed by Judge Beth Labson Freeman on 2/4/2021. (blflc2S, COURT STAFF) (Filed on 2/4/2021)
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Filing 35
REPLY (re #30 MOTION to Compel Arbitration and Stay PAGA Claim ) filed byUPS Mail Innovations, Inc.. (Cole, Aaron) (Filed on 2/4/2021)
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Filing 34
CLERK'S NOTICE ADVANCING MOTION HEARING DATE. Motion Hearing as to #22 First MOTION to Compel Arbitration reset for 2/11/2021 09:00 AM 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 1/28/2021)
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Filing 33
ORDER GRANTING #32 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 1/21/2021. Case Management Statement due by 7/8/2021. Initial Case Management Conference set for 7/15/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor.(blflc2S, COURT STAFF) (Filed on 1/21/2021)
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Filing 32
STIPULATION WITH PROPOSED ORDER re 20 Clerk's Notice,, Set Motion and Deadlines/Hearings, to Continue Case Management Conference filed by Tracee Sheppard. (Attachments: #1 Proposed Order)(Bekam, Fawn) (Filed on 1/20/2021)
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Filing 31
Request for Judicial Notice re #30 MOTION to Compel Arbitration and Stay PAGA Claim filed byUPS Mail Innovations, Inc.. (Related document(s) #30 ) (Cole, Aaron) (Filed on 1/14/2021)
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Filing 30
MOTION to Compel Arbitration and Stay PAGA Claim filed by UPS Mail Innovations, Inc.. Motion Hearing set for 6/17/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/28/2021. Replies due by 2/4/2021. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Compel and Stay PAGA Claim, #2 Declaration of Aaron H. Cole, #3 Proposed Order)(Cole, Aaron) (Filed on 1/14/2021)
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Filing 29
REPLY (re #22 First MOTION to Compel Arbitration ) Amended Reply filed byStaffmark Investment, LLC. (Attachments: #1 Declaration Suzanne Perry, #2 Declaration Charles Coleman)(Steward, Susan) (Filed on 9/28/2020)
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Filing 28
ORDER STRIKING DEFENDANTS REPLY BRIEF. Signed by Judge Beth Labson Freeman on 9/25/2020. (blflc2S, COURT STAFF) (Filed on 9/25/2020)
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Filing 27
REPLY (re #22 First MOTION to Compel Arbitration ) filed byStaffmark Investment, LLC. (Attachments: #1 Declaration Declaration of Charles Coleman, #2 Declaration Declaration of Suzanne Perry)(Steward, Susan) (Filed on 9/24/2020)
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Filing 26
ORDER VACATING JANUARY 28, 2021 HEARING ON MOTION TO REMAND; AND DENYING #8 MOTION TO REMAND. Signed by Judge Beth Labson Freeman on 9/18/2020.(blflc2S, COURT STAFF) (Filed on 9/18/2020)
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Filing 25
OPPOSITION/RESPONSE (re #22 First MOTION to Compel Arbitration ) filed byTracee Sheppard. (Attachments: #1 Declaration, #2 Declaration)(Bekam, Fawn) (Filed on 9/17/2020)
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Filing 24
REPLY (re #8 MOTION to Remand Action to State Court ) filed byTracee Sheppard. (Bekam, Fawn) (Filed on 9/8/2020)
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Filing 23
Request for Judicial Notice re #22 First MOTION to Compel Arbitration filed byStaffmark Investment, LLC. (Related document(s) #22 ) (Steward, Susan) (Filed on 9/3/2020)
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Filing 22
First MOTION to Compel Arbitration filed by Staffmark Investment, LLC. Motion Hearing set for 2/18/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 9/17/2020. Replies due by 9/24/2020. (Attachments: #1 Declaration Declaration of Suzanne Perry In support of Motion to compel Arbitration, #2 Declaration Declaration of Emily Giltner In supprt of Motion to compel Arbitration, #3 Declaration Declaration of Lucero Rocha Lopez in support of motion to compel Arbitration, #4 Declaration Declaration of Susan Steward in support of motion to compel Arbitration, #5 Proposed Order Proposed Order)(Steward, Susan) (Filed on 9/3/2020)
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Filing 21
OPPOSITION/RESPONSE (re #8 MOTION to Remand Action to State Court ) filed byUPS Mail Innovations, Inc.. (Cole, Aaron) (Filed on 8/31/2020)
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Filing 20
CLERK'S NOTICE RESETTING MOTION HEARING and CASE MANAGEMENT AFTER REASSIGNMENT. #8 MOTION to Remand Action to State Court Motion Hearing set for 1/28/2021 09:00 AM and Initial Case Management Conference set for 1/28/2021 11:00 AM before Judge Beth Labson Freeman. Case Management Statement due by 1/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 8/24/2020)
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Filing 19
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. Magistrate Judge Nathanael M. Cousins no longer assigned to case except for Discovery matters. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge Clerk on 8/21/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(sfbS, COURT STAFF) (Filed on 8/21/2020)
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Filing 18
NOTICE of Appearance by Barbara Shellem Van Ligten (Van Ligten, Barbara) (Filed on 8/20/2020)
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Filing 17
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. (lmhS, COURT STAFF) (Filed on 8/20/2020)
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Filing 16
NOTICE of Appearance by Kieran D Hartley (Hartley, Kieran) (Filed on 8/20/2020)
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Filing 15
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Staffmark Investment, LLC.. (Steward, Susan) (Filed on 8/20/2020)
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Filing 14
Corporate Disclosure Statement by Staffmark Investment, LLC (Steward, Susan) (Filed on 8/20/2020)
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Filing 13
Certificate of Interested Entities by Staffmark Investment, LLC identifying Corporate Parent RGF Staffing USA, Inc., Corporate Parent Staffmark Group, LLC for Staffmark Investment, LLC. (Steward, Susan) (Filed on 8/20/2020)
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Filing 12
NOTICE of Appearance by Susan McClellan Steward (Steward, Susan) (Filed on 8/20/2020)
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Filing 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by UPS Mail Innovations, Inc... (Cole, Aaron) (Filed on 8/20/2020)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tracee Sheppard.. (Campbell, Jessica) (Filed on 8/18/2020)
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Filing 9
CLERK'S NOTICE REGARDING Consent or Declination: All parties are requested to file a consent or declination to proceed before a magistrate judge by 8/24/2020. 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 8/17/2020)
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Filing 8
MOTION to Remand Action to State Court filed by Tracee Sheppard. Motion Hearing set for 9/23/2020 01:00 PM in Oakland, Courtroom 5, 2nd Floor before Judge Nathanael M. Cousins. Responses due by 8/31/2020. Replies due by 9/8/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Campbell, Jessica) (Filed on 8/17/2020)
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Filing 7
CERTIFICATE OF SERVICE by UPS Mail Innovations, Inc. (Cole, Aaron) (Filed on 8/11/2020)
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Filing 6
Civil Cover Sheet by UPS Mail Innovations, Inc. Amended. (Cole, Aaron) (Filed on 8/6/2020)
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Filing 5
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 10/28 /2020. Initial Case Management Conference set for 11/4/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 8/6/2020)
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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 8/20/2020. (bwS, COURT STAFF) (Filed on 8/6/2020)
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Filing 3
NOTICE by UPS Mail Innovations, Inc. of Related Cases (Cole, Aaron) (Filed on 8/6/2020)
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Filing 2
Certificate of Interested Entities by UPS Mail Innovations, Inc. (Cole, Aaron) (Filed on 8/6/2020)
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Filing 1
Answer to Removal Complaint (See Exhibit B of Removal Complaint) by UPS Mail Innovations, Inc. (sfbS, COURT STAFF) (Filed on 8/6/2020)
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#Electronic filing error. Case has been randomly assigned to Judge. However, incorrect Civil Cover Sheet used at case opening of JS-CAND 44 (Rev. 06/17) Please complete and file a s Amended Document correct Civil Cover Sheet of JS-CAND 44 (Rev 07/19) and file as a separate docket entry Re: 1 . #5 Notice of Removal, filed by UPS Mail Innovations, Inc. (bwS, COURT STAFF) (Filed on 8/6/2020)
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