Fleming v. Provest California LLC et al
| Bruno Fleming |
| Hector Torres and Provest California LLC |
| 5:2021cv04462 |
| June 10, 2021 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Lucy H Koh |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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Set Deadlines: Close of Fact Discovery 1/26/2023, Last Day to File Dispositive Motion 3/2/2023, Opposition to Dispositive Motions 3/16/2023, Replies to Opposition to Dispositive Motions 3/23/2023. (tsh, COURT STAFF) (Filed on 5/3/2022)
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Filing 44
ORDER GRANTING #43 STIPULATION SETTING CASE MANAGEMENT DEADLINES. Signed by Judge Beth Labson Freeman on 5/2/2022. (blflc4, COURT STAFF) (Filed on 5/2/2022)
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Filing 43
STIPULATION setting case deadlines and Proposed Order re #42 Case Management Scheduling Order filed by Bruno Fleming, Provest California and Hector Torres. (Roulston, Raeon) (Filed on 4/29/2022) Modified on 5/2/2022 (anj, COURT STAFF).
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Filing 42
CASE MANAGEMENT SCHEDULING ORDER: Last Day to Hear Dispositive Motions set for 4/6/2023 09:00 AM. Final Pretrial Conference set for 7/27/2023 01:30 PM. Jury Selection set for 8/18/2023, 8/21/2023 09:00 AM. Jury Trial set for 8/21/2023, 8/22/2023, 8/23/2023, 8/24/2023, 8/25/2023, 8/28/2023, 8/29/2023, 8/30/2023, 8/31/2023, 9/1/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 4/14/2022. (tsh, COURT STAFF) (Filed on 4/14/2022)
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Filing 41
Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 4/14/2022.Digital Recording Time: 11:06 - 11:14. Plaintiff Attorney: Raeon Roulston. Defendant Attorney: Jessica Dorman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 4/14/2022)
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Filing 40
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Plaintiff) (Schwinn, Fred) (Filed on 4/14/2022)
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Filing 39
CLERK'S NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR CONFERENCE and NOTICE OF REQUIRED REGISTRATION. Initial Case Management Conference set for 4/14/2022 11:00 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 April 12, 2022 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.) (tsh, COURT STAFF) (Filed on 4/6/2022)
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Filing 38
JOINT CASE MANAGEMENT STATEMENT filed by Bruno Fleming, Hector Torres and Provest California LLC. (Schwinn, Fred) (Filed on 4/4/2022) Modified on 4/5/2022 (anj, COURT STAFF).
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Filing 37
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dorman, Jessica) (Filed on 4/1/2022)
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Filing 36
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 3/25/2022)
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Filing 35
CLERK'S NOTICE VACATING CURRENTLY SET DATES AND SETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 4/7/2022. Initial Case Management Conference set for 4/14/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 2/1/2022)
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Filing 34
Order granting ***AS MODIFIED BY THE COURT*** #30 Stipulated Protective Order. Signed by Judge Susan van Keulen on 1/13/2022. (svklc1, COURT STAFF) (Filed on 1/13/2022)
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Filing 33
ORDER REASSIGNING CASE. Signed by Judge Richard Seeborg on 1/13/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(ecg, COURT STAFF) (Filed on 1/13/2022)
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Case Reassigned to Judge Beth Labson Freeman. Judge Lucy H. Koh no longer assigned to the 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. (ecg, COURT STAFF) (Filed on 1/13/2022)
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Filing 32
CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Pursuant to this notice, the Further Case Management Conference is CONTINUED from January 12, 2022 to March 2, 2022 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California before Judge Lucy H. Koh. A Joint Case Management Statement is due February 23, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ked, COURT STAFF) (Filed on 1/7/2022)
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Filing 31
JOINT CASE MANAGEMENT STATEMENT (Further) filed by Bruno Fleming, Provest California LLC and Hector Torres. (Schwinn, Fred) (Filed on 1/7/2022) Modified on 1/7/2022 (jml, COURT STAFF).
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Filing 30
Stipulated Protective Order for Standard Litigation filed by Provest California LLC, Hector Torres and Bruno Fleming. (Dorman, Jessica) (Filed on 1/7/2022) Modified on 1/7/2022 (jml, COURT STAFF).
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Filing 29
Order Directing Parties to File a Joint Case Management Statement. Signed by Judge Lucy H. Koh on 1/06/2022. (lhklc1, COURT STAFF) (Filed on 1/6/2022)
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Filing 28
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Provest California LLC.. (Attachments: #1 Proof of Service)(Dorman, Jessica) (Filed on 1/5/2022)
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Filing 27
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bruno Fleming.. (Schwinn, Fred) (Filed on 1/3/2022)
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Filing 26
You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy-adi, COURT STAFF) (Filed on 12/23/2021)
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Filing 25
Order by Judge Lucy H. Koh denying #11 Plaintiff's Motion to Remand.(lhklc1, COURT STAFF) (Filed on 12/22/2021)
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Filing 24
CLERK'S NOTICE VACATING NOVEMBER 4, 2021 HEARING on #11 MOTION to Remand. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ked, COURT STAFF) (Filed on 11/1/2021)
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***Set/Reset Hearings per #23 Case Management Order:Further Case Management Conference set for January 12, 2022 at 2:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Hearing on Dispositive Motions set for October 6, 2022 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Final Pretrial Conference set for December 8, 2022 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Jury Trial (3 days) set for January 9, 2023 at 9:00 AM each day in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 9/10/2021)
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Filing 23
Case Management Order. Signed by Judge Lucy H. Koh on 9/9/2021. (lhklc1S, COURT STAFF) (Filed on 9/9/2021)
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Filing 22
Order by Judge Lucy H. Koh Denying as Moot #21 Motion to Appear by Telephone. Per the Court's Scheduling Notes, parties need not file motions to appear by telephone at this time. For telephonic or videoconference proceedings, the Court will post the information on how the public and press may participate on the case dockets and the Court's public calendar. See https://apps.cand.uscourts.gov/CEO/cfd.aspx?7142#Notes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 9/8/2021)
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Filing 21
MOTION to Appear by Telephone at September 15, 2021, Case Management Conference filed by Bruno Fleming. (Roulston, Raeon) (Filed on 9/8/2021)
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Filing 20
JOINT CASE MANAGEMENT STATEMENT and Federal Rule of Civil Procedure 26(f) Discovery Plan filed by Bruno Fleming, Provest California, LLC and Hector Torres. (Schwinn, Fred) (Filed on 9/8/2021) Modified on 9/9/2021 (bnsS, COURT STAFF).
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Filing 19
Amended ANSWER to Complaint with Jury Demand byProvest California LLC, Hector Torres. (Attachments: #1 Certificate/Proof of Service)(Dorman, Jessica) (Filed on 7/14/2021)
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Filing 18
ORDER by Judge Lucy H. Koh Denying #12 Motion to Strike as Moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc1S, COURT STAFF) (Filed on 7/14/2021)
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Filing 17
ORDER by Judge Lucy H. Koh Granting #16 Stipulation to File Amended Answer. (lhklc1S, COURT STAFF) (Filed on 7/14/2021)
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Filing 16
STIPULATION WITH PROPOSED ORDER filed by Provest California LLC, Hector Torres. (Attachments: #1 Exhibit Amended Answer to Complaint, #2 Proposed Order, #3 Proof of Service)(Dorman, Jessica) (Filed on 7/13/2021)
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Filing 15
Supplemental Brief re #11 MOTION to Remand filed byProvest California LLC, Hector Torres. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #11 ) (Dorman, Jessica) (Filed on 7/6/2021)
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Filing 14
REPLY (re #11 MOTION to Remand ) filed byBruno Fleming. (Schwinn, Fred) (Filed on 7/6/2021)
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Filing 13
OPPOSITION/RESPONSE (re #11 MOTION to Remand ) filed byProvest California LLC, Hector Torres. (Attachments: #1 Proof of Service)(Dorman, Jessica) (Filed on 7/6/2021)
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Filing 12
MOTION to Strike #1 Notice of Removal, filed by Bruno Fleming. Motion Hearing set for 11/4/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 7/15/2021. Replies due by 7/22/2021. (Attachments: #1 Memorandum of Points & Authorities ISO Motion to Strike Affirmative Defenses)(Schwinn, Fred) (Filed on 7/1/2021)
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Filing 11
MOTION to Remand filed by Bruno Fleming. Motion Hearing set for 11/4/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 7/6/2021. Replies due by 7/13/2021. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Remand)(Schwinn, Fred) (Filed on 6/21/2021)
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Filing 10
Certificate of Interested Entities by Provest California LLC, Hector Torres identifying Corporate Parent ProVest Services LLC, Corporate Parent ProVest Litigation Services LLC, Corporate Parent ProVest LLC, Corporate Parent ProVest Holdings LLC,, Corporate Parent ProVest Purchaser, LLC, Corporate Parent ProVest Topco, LLC, Corporate Parent Nonantum Capital Partners for Hector Torres, Provest California LLC. (Attachments: #1 Certificate/Proof of Service)(Dorman, Jessica) (Filed on 6/16/2021)
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Filing 9
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Provest California LLC, Hector Torres.. (Attachments: #1 Certificate of Interested Entities or Persons, #2 Certificate/Proof of Service)(Dorman, Jessica) (Filed on 6/16/2021)
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Filing 8
CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for September 15, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. 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 H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 6/14/2021)
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh 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 Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/14/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 6/14/2021)
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Filing 6
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. (jhfS, COURT STAFF) (Filed on 6/14/2021)
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Filing 5
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bruno Fleming.. (Schwinn, Fred) (Filed on 6/13/2021)
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Filing 4
DEMAND for Trial by Jury by Bruno Fleming. (Schwinn, Fred) (Filed on 6/13/2021)
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Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/7/2021. Initial Case Management Conference set for 9/14/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (dhmS, COURT STAFF) (Filed on 6/11/2021)
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Filing 2
Case assigned to Magistrate Judge Susan van Keulen. 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 6/25/2021. (bnsS, COURT STAFF) (Filed on 6/11/2021)
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Filing 1
NOTICE OF REMOVAL from Superior Court of California, County of Santa Clara. Their case number is 21CV381619. (Filing fee $402 receipt number 0971-16063064). Filed byHector Torres, Provest California LLC. (Attachments: #1 Civil Cover Sheet, #2 Demand for Jury Trial, #3 Proof of Service)(Dorman, Jessica) (Filed on 6/10/2021)
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