Perez et al v. Bath & Body Works, LLC et al
| Carmen Perez and Andrea Brooks |
| Bath & Body Works, LLC and L Brands, Inc. |
| 5:2021cv05606 |
| July 21, 2021 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 111
ORDER DENYING IN PART AND GRANTING IN PART WITHOUT LEAVE TO AMEND #102 MOTION TO DISMISS SECOND AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 5/15/2023. (blflc2, COURT STAFF) (Filed on 5/15/2023)
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Filing 110
TRANSCRIPT ORDER for proceedings held on 05-03-2023 before Judge Beth Labson Freeman by Bath & Body Works, LLC, for Court Reporter Summer Fisher. (Kim, Jason) (Filed on 5/4/2023)
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Filing 109
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 5/3/2023. Total Time in Court: 9:00 - 9:43. Court Reporter: Summer Fisher. Plaintiff Attorney: Anthony Patek. Defendant Attorney: Ryan Phair, Emma Hutchison. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 5/3/2023)
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Filing 108
NOTICE by Bath & Body Works, LLC re #102 MOTION to Dismiss Second Amended Complaint (Supplemental Authority in Support) (Attachments: #1 Exhibit D)(Kim, Jason) (Filed on 5/2/2023)
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Filing 107
CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #102 MOTION to Dismiss Second Amended Complaint filed by Bath & Body Works, LLC set for 5/3/2023 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 5/1/2023, at 12:00 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 4/25/2023)
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Filing 106
CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to as to #102 MOTION to Dismiss Second Amended Complaint set for 5/3/2023 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 5/1/2023, at 12:00 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 4/18/2023)
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Filing 105
ORDER RESETTING HEARING ON DEFENDANT'S MOTION TO DISMISS TO MAY 3, 2023. Signed by Judge Beth Labson Freeman on 4/14/2023. (blflc3, COURT STAFF) (Filed on 4/14/2023)
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Filing 104
REPLY (re #102 MOTION to Dismiss Second Amended Complaint ) filed byBath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 2/3/2023)
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Filing 103
OPPOSITION/RESPONSE (re #102 MOTION to Dismiss Second Amended Complaint ) Plfs' Opposition to MTD 2nd Amended Complaint filed byAndrea Brooks, Carmen Perez. (Attachments: #1 Declaration Patek Decl. Opp to MTD, #2 Exhibit Ex. A - Hearing Tr. MTD First Amended Complaint)(Patek, Anthony) (Filed on 1/13/2023)
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Filing 102
MOTION to Dismiss Second Amended Complaint filed by Bath & Body Works, LLC. Motion Hearing set for 5/4/2023 09:00 AM before Judge Beth Labson Freeman. Responses due by 12/19/2022. Replies due by 12/27/2022. (Attachments: #1 Proposed Order)(Kim, Jason) (Filed on 12/5/2022)
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Filing 101
ORDER GRANTING #100 ADMINISTRATIVE MOTION AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 11/28/2022. (blflc2, COURT STAFF) (Filed on 11/28/2022)
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Filing 100
ADMINISTRATIVE MOTION Reset Motion for Class Certification Deadline Admin. Mot. for Relief from Class Cert. Deadline filed by Andrea Brooks, Carmen Perez. Responses due by 11/28/2022. (Attachments: #1 Declaration Patek Decl. iso Admin.Mot. for Relief from Deadline, #2 Proposed Order Proposed Order Admin Mot. for Relief from Deadline)(Patek, Anthony) (Filed on 11/22/2022)
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Filing 99
ORDER GRANTING IN PART AND DENYING IN PART #94 MOTION TO SEAL. Signed by Judge Beth Labson Freeman on 11/9/2022. (blflc2, COURT STAFF) (Filed on 11/9/2022)
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Filing 98
OPPOSITION/RESPONSE (re #94 Administrative Motion to File Under Seal Admin. Mot. to Consider Whether Another Party's Material Should Be Sealed, per L.R. 79-5(f) ) Plaintiff's Opposition to Defendants' Request to Seal Portions of the Second Amended Complaint filed byAndrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 11/7/2022)
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Filing 97
Declaration of Robert Stalter in Support of #94 Administrative Motion to File Under Seal Admin. Mot. to Consider Whether Another Party's Material Should Be Sealed, per L.R. 79-5(f) filed byBath & Body Works, LLC, L Brands, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #94 ) (Kim, Jason) (Filed on 11/3/2022)
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Filing 96
AFFIDAVIT in Support re #94 Administrative Motion to File Under Seal Admin. Mot. to Consider Whether Another Party's Material Should Be Sealed, per L.R. 79-5(f) Proof of Service of Documents Required by L.R. 79-5(f) filed byAndrea Brooks, Carmen Perez. (Related document(s) #94 ) (Patek, Anthony) (Filed on 10/28/2022)
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Filing 95
AMENDED COMPLAINT Second Amended Complaint (Redacted Version) against All Defendants. Filed byCarmen Perez, Andrea Brooks. (Patek, Anthony) (Filed on 10/28/2022)
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Filing 94
Administrative Motion to File Under Seal Admin. Mot. to Consider Whether Another Party's Material Should Be Sealed, per L.R. 79-5(f) filed by Andrea Brooks, Carmen Perez. (Attachments: #1 Declaration Patek Decl. iso Admin. Mot. Consider Whether Another Party's Material Should be Sealed, #2 Exhibit Ex 1a Redacted 2nd Amended Complaint, #3 Exhibit Ex 1b Unredacted 2nd Amended Complaint (under seal), #4 Proposed Order Proposed Order)(Patek, Anthony) (Filed on 10/28/2022)
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Filing 93
ORDER RE CASE DEADLINES IN LIGHT OF #92 STIPULATION. Signed by Judge Beth Labson Freeman on 10/25/2022. (blflc2, COURT STAFF) (Filed on 10/25/2022)
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Filing 92
STIPULATION WITH PROPOSED ORDER Regarding Case Deadlines filed by Bath & Body Works, LLC. (Kim, Jason) (Filed on 10/24/2022)
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Filing 91
ORDER DENYING #82 MOTION FOR RECONSIDERATION. Signed by Judge Beth Labson Freeman on 9/12/2022. (blflc2, COURT STAFF) (Filed on 9/12/2022)
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Filing 90
TRANSCRIPT ORDER for proceedings held on 06/30/22 before Judge Beth Labson Freeman by Andrea Brooks, Carmen Perez, for Court Reporter Summer Fisher. (Patek, Anthony) (Filed on 9/2/2022)
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Filing 89
ORDER RE: [82, 86, 87] SEALING MOTIONS. Signed by Judge Beth Labson Freeman on 8/31/2022. (blflc2, COURT STAFF) (Filed on 8/31/2022)
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Filing 88
OPPOSITION/RESPONSE (re #82 Administrative Motion to File Under Seal Administrative Mot. for Leave to Move for Reconsideration ) (REDACTED VERSION) filed byBath & Body Works, LLC. (Kim, Jason) (Filed on 8/26/2022)
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Filing 87
Administrative Motion to File Under Seal Response to Motion for Reconsideration filed by Bath & Body Works, LLC. (Attachments: #1 Proposed Order, #2 Unredacted Version of Response to Motion for Reconsideration)(Kim, Jason) (Filed on 8/26/2022)
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Filing 86
OPPOSITION/RESPONSE (re #82 Administrative Motion to File Under Seal Administrative Mot. for Leave to Move for Reconsideration ) -- Response in Support of Motion to Seal filed byBath & Body Works, LLC, L Brands, Inc.. (Attachments: #1 Declaration of R. Stalter in Support, #2 Proposed Order Granting Motion to Seal)(Kim, Jason) (Filed on 8/18/2022)
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Filing 85
ORDER GRANTING #84 STIPULATION REGARDING RESPONSE TO ADMINISTRATIVE MOTION TO SEAL. Signed by Judge Beth Labson Freeman on 8/16/2022. (blflc4, COURT STAFF) (Filed on 8/16/2022)
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Filing 84
STIPULATION WITH PROPOSED ORDER re #82 Administrative Motion to File Under Seal Administrative Mot. for Leave to Move for Reconsideration / Stipulation and [Proposed] Order Regarding Deadline to File Response to Administrative Motion to Seal filed by Bath & Body Works, LLC. (Kim, Jason) (Filed on 8/15/2022)
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Filing 83
ORDER GRANTING #82 MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION; REQUESTING RESPONSE FROM DEFENDANTS. Signed by Judge Beth Labson Freeman on 8/12/2022. (blflc2, COURT STAFF) (Filed on 8/12/2022)
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Filing 82
Administrative Motion to File Under Seal Administrative Mot. for Leave to Move for Reconsideration filed by Andrea Brooks, Carmen Perez. (Attachments: #1 Declaration Patek Decl iso Mot Seal, #2 Proposed Order Proposed Order Admin Mot Seal, #3 Exhibit Redacted Version of Motion for Leave to Seek Reconsideration, #4 Exhibit Unredacted Version of Motion for Leave to Seek Reconsideration (Filed Under Seal), #5 Declaration Patek Decl. iso Mot for Leave to Seek Reconsideration, #6 Exhibit Redacted Version of Ex. A Mot. for Leave (Burdick Tr.), #7 Exhibit Unredacted Version of Ex. A Mot. for Leave (Burdick Tr.), #8 Proposed Order Proposed Order Mot. Leave Reconsideration)(Patek, Anthony) (Filed on 8/11/2022)
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Filing 81
NOTICE by Andrea Brooks OF FILING ARBITRATION DEMAND (Safier, Seth) (Filed on 8/3/2022)
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Filing 80
Transcript of Proceedings held on 06/30/2022, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #78 Transcript Order ) Redaction Request due 8/15/2022. Redacted Transcript Deadline set for 8/25/2022. Release of Transcript Restriction set for 10/24/2022. (Related documents(s) #78 ) (Fisher, Summer) (Filed on 7/25/2022)
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Filing 79
ORDER GRANTING IN PART AND DENYING IN PART #57 MOTION TO DISMISS by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 7/14/2022)
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Filing 78
TRANSCRIPT ORDER for proceedings held on June 30, 2022 before Judge Beth Labson Freeman by Bath & Body Works, LLC, for Court Reporter Summer Fisher. (Phair, Ryan) (Filed on 7/12/2022)
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Filing 77
ORDER GRANTING #61 MOTION TO COMPEL ARBITRATION OF PLAINTIFF ANDREA BROOKS by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 6/30/2022)
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Filing 76
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 6/30/2022 re #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - filed by Bath & Body Works, LLC, L Brands, Inc., #57 MOTION to Dismiss First Amended Complaint filed by Bath & Body Works, LLC, L Brands, Inc. Total Time in Court: 55 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Anthony Patek, Tekesha Geel. Defendant Attorney: Ryan Phair, Leslie Kostyshak, Emma Hutchison. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 6/30/2022)
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Filing 75
CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #57 MOTION to Dismiss First Amended Complaint, #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - set for 6/30/2022 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 6/28/2022, 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 6/23/2022)
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Filing 74
CLERK'S NOTICE RESETTING MOTION HEARINGS.Motion Hearings as to #57 MOTION to Dismiss First Amended Complaint, #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - reset for 6/30/2022 09:00 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.) (tsh, COURT STAFF) (Filed on 6/15/2022)
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Filing 73
ORDER ADVANCING HEARINGS ON #57 MOTION TO DISMISS AND #61 MOTION TO COMPEL ARBITRATION. Signed by Judge Beth Labson Freeman on 6/14/2022. (blflc2, COURT STAFF) (Filed on 6/14/2022)
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Filing 72
ORDER REQUESTING COURTESY COPIES. Signed by Judge Beth Labson Freeman on 6/2/2022. (blflc2, COURT STAFF) (Filed on 6/2/2022)
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Filing 71
ORDER by Judge Susan van Keulen on #70 Joint Discovery Statement No. 2. (Attachments: #1 Exhibit Exhibit 1)(svklc2, COURT STAFF) (Filed on 6/1/2022)
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Filing 70
Discovery Letter BriefJoint Discovery Letter re: Burdick Deposition filed by Andrea Brooks, Carmen Perez. (Attachments: #1 Exhibit Ex. 1 Defendant's Proposed Deposition Protocol)(Patek, Anthony) (Filed on 5/20/2022) Modified on 6/1/2022 (jhf, COURT STAFF).
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Filing 69
REPLY (re #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - ) filed byBath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 5/3/2022)
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Filing 68
OPPOSITION/RESPONSE (re #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - ) Plaintiffs' Opp. to Renewed Mot. Compel Arbitration filed byAndrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 4/12/2022)
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Filing 67
REPLY (re #57 MOTION to Dismiss First Amended Complaint ) filed byBath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 4/11/2022)
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Filing 66
OPPOSITION/RESPONSE (re #57 MOTION to Dismiss First Amended Complaint ) Plaintiffs' Opposition to Motion to Dismiss First Amended Complaint filed byAndrea Brooks, Carmen Perez. (Attachments: #1 Declaration Patek Decl. in Opp. to Mot. Dismiss FAC, #2 Exhibit Ex. A - PTR Order, #3 Exhibit Ex. B - CLRA Letter)(Patek, Anthony) (Filed on 3/28/2022)
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Filing 65
ORDER GRANTING #64 STIPULATION TO SET BRIEFING SCHEDULE FOR #61 MOTION TO COMPEL ARBITRATION by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 3/15/2022)
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Filing 64
STIPULATION WITH PROPOSED ORDER re #61 MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - Stipulation re Briefing Schedule - filed by Bath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 3/15/2022)
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Filing 63
ORDER GRANTING *** AS MODIFIED BY THE COURT*** #60 Stipulated ESI Order. Signed by Judge Susan van Keulen on 3/15/2022. (svklc1, COURT STAFF) (Filed on 3/15/2022)
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Filing 62
ORDER GRANTING *** AS MODIFIED BY THE COURT*** #59 Stipulated Protective Order. Signed by Judge Susan van Keulen on 3/15/2022. (svklc1, COURT STAFF) (Filed on 3/15/2022)
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Filing 61
MOTION to Compel - Renewed Motion to Compel Arbitration of Plaintiff Brooks - filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 7/14/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/22/2022. Replies due by 3/29/2022. (Attachments: #1 Declaration of Laura Puscas in Support, #2 Declaration of Rob Lovell in Support, #3 Proposed Order)(Kim, Jason) (Filed on 3/8/2022)
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Filing 60
STIPULATION WITH PROPOSED ORDER Proposed Joint Stipulated ESI Order filed by Andrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 3/7/2022)
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Filing 59
STIPULATION WITH PROPOSED ORDER Proposed Joint Stipulated Protective Order filed by Andrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 3/7/2022)
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Filing 58
ORDER RE #56 JOINT DISCOVERY STATEMENT NO. 1. Signed by Judge Susan van Keulen on 3/3/2022. (svklc1, COURT STAFF) (Filed on 3/3/2022)
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Filing 57
MOTION to Dismiss First Amended Complaint filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 7/14/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/28/2022. Replies due by 4/11/2022. (Attachments: #1 Declaration of Douglas Wlodarski in support, #2 Proposed Order)(Kim, Jason) (Filed on 3/1/2022)
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Filing 56
Discovery Letter BriefNo 1 Joint) filed by Andrea Brooks, Carmen Perez. (Safier, Seth) (Filed on 2/24/2022)
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Filing 55
Transcript of Proceedings held on 01/27/2022, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #54 Transcript Order ) Redaction Request due 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (Related documents(s) #54 ) (Fisher, Summer) (Filed on 2/23/2022)
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Filing 54
TRANSCRIPT ORDER for proceedings held on January 27, 2022 before Judge Beth Labson Freeman by Bath & Body Works, LLC, L Brands, Inc., for Court Reporter Summer Fisher. (Kim, Jason) (Filed on 2/9/2022)
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Filing 53
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 1/27/2022 re #23 MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) filed by Bath & Body Works, LLC, L Brands, Inc. Total Time in Court: 10:17 - 10:34. Court Reporter: Summer Fisher. Plaintiff Attorney: Anthony Patek. Defendant Attorney: Ryan Phair, Emm Hutchison. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 1/27/2022)
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Filing 52
ORDER DENYING WITHOUT PREJUDICE #23 MOTION TO COMPEL ARBITRATION by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 1/27/2022)
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Filing 51
ORDER GRANTING #50 MOTION FOR PRO HAC VICE ADMISSION by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 1/25/2022)
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Filing 50
MOTION for leave to appear in Pro Hac Vice Leslie Kostyshak ( Filing fee $ 317, receipt number ACANDC-16836524.) Filing fee previously paid on 1/25/2022 filed by Bath & Body Works, LLC, L Brands, Inc.. (Kostyshak, Leslie) (Filed on 1/25/2022)
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Filing 49
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #23 MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) set for 1/27/2022 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 January 25, 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 1/21/2022)
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Filing 48
ORDER TERMINATING #22 MOTION TO DISMISS AS MOOT by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 1/11/2022)
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Filing 47
AMENDED COMPLAINT First Amended Complaint against All Defendants. Filed byCarmen Perez, Andrea Brooks. (Attachments: #1 Declaration CLRA Declaration)(Patek, Anthony) (Filed on 1/10/2022)
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Set Deadlines: Plaintiffs shall file their amended complaint on or before January 10, 2022, Defendants shall have until January 14, 2022 to respond to Plaintiffs first set of interrogatories and requests for production served November 30, 2021, Defendants shall file their motion to dismiss Plaintiffs complaint on or before March 1, 2022, Plaintiffs shall file any opposition to Defendants motion to dismiss on or before March 28, 2022, Defendant shall file any reply brief in support of their motion to dismiss on or before April 11, 2022, The Parties propose September 15, 2023 as the close of fact discovery, The Parties propose October 1, 2023 as the expert disclosure deadline and December 15, 2023 as the close of expert discovery. (tsh, COURT STAFF) (Filed on 1/5/2022)
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Filing 46
ORDER GRANTING #45 STIPULATION REGARDING AMENDED COMPLAINT AND CASE DEADLINES ***AS MODIFIED BY THE COURT*** by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 1/5/2022)
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Filing 45
STIPULATION WITH PROPOSED ORDER Joint Stipulation and Proposed Order re: Leave to File Amended Complaint and Case Calendar filed by Andrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 1/5/2022)
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Filing 44
ORDER GRANTING #43 STIPULATION SELECTING PRIVATE ADR by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 12/27/2021)
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CASE REFERRED to Private ADR. (af, COURT STAFF) (Filed on 12/27/2021)
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Filing 43
STIPULATION and Proposed Order selecting Private ADR by Bath & Body Works, LLC, L Brands, Inc. filed by Bath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 12/23/2021)
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Filing 42
CASE MANAGEMENT ORDER: Last Day to File Class Certification Motions 12/2/2022. Last Day to Hear Dispositive Motions set for 2/22/2024 09:00 AM. Final Pretrial Conference set for 5/16/2024 01:30 PM. Jury Selection set for 6/14/2024, 6/17/2024 09:00 AM. Jury Trial set for 6/17/2024, 6/18/2024, 6/19/2024, 6/20/2024, 6/21/2024, 6/24/2024, 6/25/2024, 6/26/2024, 6/27/2024, 6/28/2024 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 12/16/2021. (tsh, COURT STAFF) (Filed on 12/16/2021)
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Filing 41
Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 12/16/2021.FTR Time: 11:35 - 11:47. Plaintiff Attorney: Anthony Patek. Defendant Attorney: Emma Hutchinson, Ryan Phair, Jason Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 12/16/2021)
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Filing 40
ORDER REQUESTING COURTESY COPIES (re #22 #23 #28 #29 #35 #39 ). Signed by Judge Beth Labson Freeman on 12/13/2021. (blflc2, COURT STAFF) (Filed on 12/13/2021)
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Filing 39
REPLY (re #23 MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) ) filed byBath & Body Works, LLC, L Brands, Inc.. (Attachments: #1 Declaration of Laura Puscas in Support)(Kim, Jason) (Filed on 12/10/2021)
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Filing 38
CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR. Initial Case Management Conference set for 12/16/2021 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 w ho 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 December 14, 2021 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 d ocument associated with this entry.) (tsh, COURT STAFF) (Filed on 12/8/2021)
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Filing 37
JOINT CASE MANAGEMENT STATEMENT Joint CMC Statement filed by Andrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 12/8/2021)
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Filing 36
ORDER STRIKING #34 REPLY IN SUPPORT OF MOTION TO COMPEL ARBITRATION. Signed by Judge Beth Labson Freeman on 12/8/2021. (blflc2, COURT STAFF) (Filed on 12/8/2021)
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Filing 35
REPLY (re #22 MOTION to Dismiss for Lack of Jurisdiction (Amended Notice of Motion and Motion) ) REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AND MOTION TO STRIKE filed byBath & Body Works, LLC, L Brands, Inc.. (Kim, Jason) (Filed on 12/7/2021)
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Filing 34
REPLY (re #23 MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) ) filed byBath & Body Works, LLC, L Brands, Inc.. (Attachments: #1 Declaration L. Puscas, #2 Exhibit A-D to Decl. of L. Puscas)(Kim, Jason) (Filed on 12/7/2021)
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Filing 33
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kim, Jason) (Filed on 12/1/2021)
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Filing 32
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification of Carmen Perez (Patek, Anthony) (Filed on 11/30/2021)
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Filing 31
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Certification of Andrea Brooks (Patek, Anthony) (Filed on 11/30/2021)
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Filing 30
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 11/30/2021)
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Filing 29
OPPOSITION/RESPONSE (re #22 MOTION to Dismiss for Lack of Jurisdiction (Amended Notice of Motion and Motion) ) Plaintiffs' Opposition to Defs' Motion to Dismiss and/or Strike filed byAndrea Brooks, Carmen Perez. (Attachments: #1 Declaration Decl. of Anthony Patek in Opposition to Defendants' Mot. to Dismiss and/or Strike, #2 Exhibit Ex. A (Proposed Amended Complaint), #3 Exhibit Ex. B (PTR Order Denying MSJ), #4 Exhibit Ex. C (Plaintiff Brooks' CLRA Notice to Defendants))(Patek, Anthony) (Filed on 11/1/2021)
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Filing 28
OPPOSITION/RESPONSE (re #23 MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) ) Plaintiffs' Opposition to Defendants' Motion to Compel Arbitration and Permit Limited Jurisdictional Discovery filed byAndrea Brooks, Carmen Perez. (Patek, Anthony) (Filed on 11/1/2021)
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Filing 27
ORDER STRIKING #22 FIRST AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 10/28/2021. (blflc4, COURT STAFF) (Filed on 10/28/2021)
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Filing 26
AMENDED COMPLAINT First Amended Complaint by Carmen Perez and Andrea Brooks against All Defendants. Filed byCarmen Perez, Andrea Brooks. (Attachments: #1 Declaration CLRA Declaration of Carmen Perez)(Patek, Anthony) (Filed on 10/27/2021)
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Filing 25
ORDER GRANTING #24 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 10/4/2021. (blflc4S, COURT STAFF) (Filed on 10/4/2021)
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Filing 24
MOTION for leave to appear in Pro Hac Vice for Emma J. Hutchison, (Filing Fee: $317.00, receipt number 0971-16449873) filed by Bath & Body Works, LLC, L Brands, Inc.. (Hutchison, Emma) (Filed on 9/30/2021)
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Filing 23
MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery (AMENDED Notice of Motion and Motion) filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 1/27/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Declaration of R. Lovell in Support, #2 Proposed Order)(Kim, Jason) (Filed on 9/28/2021)
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Filing 22
MOTION to Dismiss for Lack of Jurisdiction (Amended Notice of Motion and Motion) filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 1/27/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Declaration of D. Wlodarski in Support, #2 Proposed Order)(Kim, Jason) (Filed on 9/28/2021)
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Filing 21
MOTION to Compel Arbitration and Permit Limited Jurisdictional Discovery filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 12/16/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 9/30/2021. Replies due by 10/7/2021. (Attachments: #1 Declaration of R. Lovell in Support, #2 Proposed Order)(Kim, Jason) (Filed on 9/16/2021)
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Filing 20
MOTION to Dismiss for Lack of Jurisdiction and/or Motion to Strike filed by Bath & Body Works, LLC, L Brands, Inc.. Motion Hearing set for 12/16/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 9/30/2021. Replies due by 10/7/2021. (Attachments: #1 Declaration of D. Wlodarski in Support, #2 Proposed Order)(Kim, Jason) (Filed on 9/16/2021)
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Filing 19
ORDER GRANTING #17 STIPULATION REGARDING BRIEFING SCHEDULE FOR PRESENTATION OF 12(B)(6) DEFENSES AND/OR MOTION TO COMPEL ARBITRATION. Signed by Judge Beth Labson Freeman on 9/1/2021. (blflc4S, COURT STAFF) (Filed on 9/1/2021)
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Filing 18
ORDER GRANTING #16 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/1/2021. (blflc4S, COURT STAFF) (Filed on 9/1/2021)
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Filing 17
STIPULATION WITH PROPOSED ORDER re Briefing Schedule for Presentation of FRCP 12(b)(6) Defenses and/or Motion to Compel Arbitration filed by Bath & Body Works, LLC, L Brands, Inc.. (Attachments: #1 Declaration of Ryan P. Phair in support)(Kim, Jason) (Filed on 9/1/2021)
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Filing 16
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16343220.) filed by Bath & Body Works, LLC. (Phair, Ryan) (Filed on 8/31/2021)
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Filing 15
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 12/9/2021. Initial Case Management Conference set for 12/16/2021 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.) (tshS, COURT STAFF) (Filed on 8/30/2021)
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Filing 14
Certificate of Interested Entities by Bath & Body Works, LLC, L Brands, Inc. (Kim, Jason) (Filed on 8/27/2021)
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Filing 13
Corporate Disclosure Statement by Bath & Body Works, LLC, L Brands, Inc. identifying Other Affiliate Retail Store Operations, Inc. for Bath & Body Works, LLC. (L Brands, Inc. has changed its name to Bath & Body Works, Inc.) (Kim, Jason) (Filed on 8/27/2021)
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Filing 12
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 Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/26/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 8/26/2021)
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Filing 11
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 8/25/2021)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bath & Body Works, LLC, L Brands, Inc... (Kim, Jason) (Filed on 8/25/2021)
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Filing 9
NOTICE of Appearance by Jason Jonathan Kim (Kim, Jason) (Filed on 8/25/2021)
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Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andrea Brooks, Carmen Perez.. (Safier, Seth) (Filed on 7/26/2021)
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Filing 7
Summons Issued as to Bath & Body Works, LLC. (cv, COURT STAFF) (Filed on 7/22/2021)
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Filing 6
Summons Issued as to L Brands, Inc.. (cv, COURT STAFF) (Filed on 7/22/2021)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/12/2021. Initial Case Management Conference set for 10/19/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 7/22/2021)
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Filing 4
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 8/4/2021. (haS, COURT STAFF) (Filed on 7/21/2021)
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Filing 3
Proposed Summons. (Safier, Seth) (Filed on 7/21/2021)
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Filing 2
Proposed Summons. (Safier, Seth) (Filed on 7/21/2021)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16202368.). Filed byCarmen Perez, Andrea Brooks. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 7/21/2021)
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