Waters et al v. Walmart Inc.
| Destiney Lopez, April Swoboda, Barbara Waters and Samantha Fernandez |
| Walmart Inc. |
| 5:2020cv05664 |
| August 13, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Edward J Davila |
| Susan van Keulen |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 31 Corporate Disclosure Statement by Walmart Inc. Defendant Walmart Inc.'s Federal Rule of Civil Procedure 7.1 Disclosure Statement and Local Rule 3-15 Certification of Interested Parties or Entities (Ta, Quyen) (Filed on 10/2/2020) |
| Filing 30 CLERK'S NOTICE CONTINUING MOTION HEARING. Pursuant to Judge Davila's Standing Order a motion hearing reservation must be obtained prior to the filing of a motion. Please take NOTICE that the Motions #29 Motion to Dismiss and #28 Motion to Strike Hearing set for 11/5/2020 is HEREBY CONTINUED to 1/21/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 10/15/2020. Replies due by 10/22/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #29 , #28 )(amkS, COURT STAFF) (Filed on 10/2/2020) |
| Filing 29 MOTION to Dismiss Plaintiffs' Class Action Complaint, or Alternatively Stay the Action Pending a Decision in Brown; Memorandum of Points and Authorities in Support Thereof filed by Walmart Inc.. Motion Hearing set for 11/5/2020 09:00 AM in Oakland, Courtroom 4, 3rd Floor before Judge Edward J. Davila. Responses due by 10/15/2020. Replies due by 10/22/2020. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Ta, Quyen) (Filed on 10/1/2020) |
| Filing 28 MOTION to Strike Class Allegations and Prayers for Punitive Damages and Attorneys' Fees from Plaintiffs' Complaint; Memorandum of Points and Authorities in Support Thereof filed by Walmart Inc.. Motion Hearing set for 11/5/2020 09:00 AM in Oakland, Courtroom 4, 3rd Floor before Judge Edward J. Davila. Responses due by 10/15/2020. Replies due by 10/22/2020. (Attachments: #1 Proposed Order Granting Motion to Strike)(Ta, Quyen) (Filed on 10/1/2020) |
Filing 27
Order Granting #26 Stipulation to Extend Defendant's Time to Answer, Move, or Otherwise Respond to Complaint. Signed by Judge Edward J. Davila on 9/4/2020. (ejdlc3S, COURT STAFF) (Filed on 9/4/2020)
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| Filing 26 STIPULATION WITH PROPOSED ORDER re #1 Complaint, filed by Walmart Inc.. (Ta, Quyen) (Filed on 9/4/2020) |
| Filing 25 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 10/26/2020. Initial Case Management Conference set for 11/5/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor 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. (amkS, COURT STAFF) (Filed on 9/3/2020) |
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Filing 24
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings re #23 Related Case Order. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Jon S. Tigar no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/3/2020)
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Filing 23
RELATED CASE ORDER. Signed by Judge Edward J. Davila on 9/2/2020. (ejdlc3S, COURT STAFF) (Filed on 9/2/2020)
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| #Electronic filing error. NOTICE TO COUNSEL: Kelly Perigoe. The docket shows a different address from what is appearing on the document (dkt. #: 21 Notice of Appearance fi led by Walmart Inc.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 9/1/2020) |
| #Electronic filing error. NOTICE TO COUNSEL: Jeanne Adele Fugate. The docket shows a different address from what is appearing on the document (dkt. #: 20 Notice of Appeara nce filed by Walmart Inc.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 9/1/2020) |
| Filing 22 NOTICE of Appearance by Alessandra M Givens (Givens, Alessandra) (Filed on 9/1/2020) |
| Filing 21 NOTICE of Appearance by Kelly L Perigoe (Perigoe, Kelly) (Filed on 9/1/2020) |
| Filing 20 NOTICE of Appearance by Jeanne Adele Fugate (Fugate, Jeanne) (Filed on 9/1/2020) |
| Filing 19 NOTICE of Appearance by Quyen Le Ta (Ta, Quyen) (Filed on 9/1/2020) |
| Filing 18 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/1/2020. Initial Case Management Conference set for 12/8/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 8/28/2020) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Judge Saundra Brown Armstrong no longer assigned to case, 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 the Clerk on 8/28/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/28/2020)
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Filing 16
ORDER OF RECUSAL. Signed by Judge Saundra Brown Armstrong on 8/27/2020. (amgS, COURT STAFF) (Filed on 8/27/2020)
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| Filing 15 Case REASSIGNED to Judge Saundra Brown Armstrong. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. (bwS, COURT STAFF) (Filed on 8/27/2020) (bwS, COURT STAFF). |
| Filing 14 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 8/27/2020) |
| Filing 13 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 8/27/2020) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Samantha Fernandez, Destiney Lopez, April Swoboda, Barbara Waters.. (McInerney, Kevin) (Filed on 8/26/2020) |
| Filing 11 SUMMONS Returned Executed by Barbara Waters, April Swoboda, Destiney Lopez, Samantha Fernandez. Walmart Inc. served on 8/19/2020, answer due 9/9/2020. (McInerney, Kevin) (Filed on 8/20/2020) |
| Filing 10 Summons Issued as to Walmart Inc. (sfbS, COURT STAFF) (Filed on 8/18/2020) |
| Filing 9 AMENDED DOCUMENT by Barbara Waters. Amendment to #8 Notice of Appearance AMENDED NOTICE OF APPEARANCE OF JAMIE R. GREENE. (Greene, Jamie) (Filed on 8/18/2020) |
| Filing 8 NOTICE of Appearance by Jamie Rebecca Greene NOTICE OF APPEARANCE OF JAMIE R. GREENE (Greene, Jamie) (Filed on 8/17/2020) |
| Filing 7 Proposed Summons. (McInerney, Kevin) (Filed on 8/17/2020) |
| Filing 6 SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 5:20-cv-05664 NC with 5:09-cv-03339 EJD. Signed by Judge Nathanael Cousins on 8/17/2020. (lmh, COURT STAFF) (Filed on 8/17/2020) |
| Filing 5 NOTICE of Appearance by Bevin Elaine Allen Pike NOTICE OF APPEARANCE OF BEVIN ALLEN PIKE (Pike, Bevin) (Filed on 8/17/2020) |
| Filing 4 NOTICE of Appearance by Orlando Jose Villalba NOTICE OF APPEARANCE OF ORLANDO VILLALBA (Villalba, Orlando) (Filed on 8/17/2020) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/11/2020. Initial Case Management Conference set for 11/18/2020 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 8/14/2020) |
| Filing 2 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 8/27/2020. (bwS, COURT STAFF) (Filed on 8/13/2020) |
| Filing 1 COMPLAINT against Walmart Inc. ( Filing fee $ 400, receipt number 0971-14812699.). Filed byBarbara Waters, April Swoboda, Destiney Lopez, Samantha Fernandez. (Attachments: #1 Exhibit Exhibits 1-4, #2 Civil Cover Sheet)(McInerney, Kevin) (Filed on 8/13/2020) |
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