Nyiesha White v. Home Depot U.S.A., Inc. et al
| Nyiesha White and John Utne |
| Home Depot U.S.A, Inc. and Does 1 to 100, inclusive |
| 3:2022cv00276 |
| March 1, 2022 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Daniel E Butcher |
| M James Lorenz |
| Andrew G Schopler |
| Labor: Other |
| 28 U.S.C. § 1441 lm Removal- Labor/Mgmt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 STATUS REPORT by Home Depot U.S.A, Inc.. (Hayashi, John) (jrm). |
Filing 45
Order: (1) Denying Proposed Intervenor's Motion to Intervene; (2) Granting Proposed Intervenor's Motion to Transfer and/or Stay; and (3) Denying as Moot Propsoe Intervenor's Motion to Appoint Interim Class Counsel (Doc. No. #32 ) Motion to Intervene; granting #32 Motion to Stay. Case stayed pending the conclusion of Utne v. Home Depot, No. 3:16-CV-01854-RS. The parties must notify the Court within 14 days of the conclusion of said proceedings. The parties must file a joint status report on or before 10/7/22, and every ninety days thereafter. Signed by Judge Anthony J. Battaglia on 7/6/22. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing 44
ORDER finding as moot #35 Motion to Shorten Time. (no document attached) (sc)
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| Filing 43 NOTICE OF RELATED CASE(S) by Home Depot U.S.A, Inc. . (Miller, Barbara)(jrm). |
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Filing 42
ORDER BY JUDGE BATTAGLIA, Motions Submitted #32 MOTION to Intervene , for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities. This motion is suitable for determination on the papers and without need for oral argument, pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and this motion is deemed submitted as of this date.(no document attached) (sc)
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| Filing 41 REPLY to Response to Motion re #32 MOTION to Intervene , for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities filed by John Utne. (Attachments: #1 Supplemental Request for Judicial Notice ISO Motion to Intervene)(Saltzman, Stanley) (jpp). |
| Filing 40 RESPONSE in Opposition re #32 MOTION to Intervene , for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities filed by Home Depot U.S.A, Inc.. (Miller, Barbara) (jrm). |
| Filing 39 NOTICE of Appearance by Karen I. Gold on behalf of John Utne (Gold, Karen)Attorney Karen I. Gold added to party John Utne(pty:pla) (jrm). |
| Filing 38 NOTICE OF WITHDRAWAL OF DOCUMENT by Home Depot U.S.A, Inc. re #36 Response in Opposition to Motion filed by Home Depot U.S.A, Inc. . (Miller, Barbara)(jrm). |
| Filing 37 RESPONSE in Opposition re #35 Ex Parte MOTION to Shorten Time on Motion to Intervene filed by Home Depot U.S.A, Inc.. (Miller, Barbara)(jrm). |
| Filing 36 ***Document withdrawn per Doc. #38 *** RESPONSE in Opposition re #32 MOTION to Intervene , for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities filed by Home Depot U.S.A, Inc. (Miller, Barbara)(jrm). Modified to withdraw on 4/25/2022 (jrm). |
| Filing 35 Ex Parte MOTION to Shorten Time on Motion to Intervene by John Utne. (Attachments: #1 Declaration of Thomas Segal, #2 Proposed Order)(Setareh, Chaim) QC mailer sent re incorrectly filed proposed order on 4/20/2022 (jrm). |
| Filing 34 NOTICE of Appearance by Chaim Shaun Setareh on behalf of John Utne (Setareh, Chaim)Attorney Chaim Shaun Setareh added to party John Utne(pty:pla)(jrm). |
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Filing 33
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #32 MOTION to Intervene, for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities: Responses due by 4/28/2022; Replies due by 5/5/2022; sur-replies will not be accepted. Motion Hearing set for 6/16/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 32 MOTION to Intervene , for Appointment of Interim Class Counsel and Transfer and/or Stay Action; Memorandum of Points and Authorities by John Utne. (Attachments: #1 Declaration of Shaun Setareh ISO Motion to Intervene, #2 Declaration of Stanley D. Saltzman ISO Motion to Intervene, #3 Request for Judicial Notice ISO Motion to Intervene, #4 Proposed Order Granting Motion to Intervene)(Saltzman, Stanley)Attorney Stanley D Saltzman added to party John Utne(pty:pla) (jrm). |
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Filing 31
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #30 Motion for Change Venue, from Plaintiff John Utne. Non-compliance with local rule(s), Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation; ECF 2(a), (g) - Docket entry does not accurately reflect the document(s) file; ECF 2(h) - Includes a proposed order or requires judges signature; OTHER: Attorney not correctly associated with the filing party. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia on 4/6/2022.(All non-registered users served via U.S. Mail Service)(jrm)
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| Filing 30 ***Document Stricken per Order #31 *** Motion for Transfer - NOTICE OF RELATED CASE(S) by John Utne of case(s) N.D. Cal. Case No. 3:16-cv-01854-RS . (Attachments: #1 Exhibit [Proposed] Order)(Setareh, Chaim) Modified event/docket text on 4/6/2022 (jrm). Modified to strike on 4/6/2022 (jrm). (Additional attachment(s) added on 4/6/2022: #2 Stricken Document Form) (jrm). |
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Filing 29
ORDER (AGS): In light of the parties' joint status report (ECF #28 ), the Case Management Conference is vacated and the motion to continue (ECF #27 ) is denied as moot. The schedule will mirror the one in Barragan v. Home Depot, 19-cv-1766-AJB-AGS, for all pretrial purposes. Signed by Magistrate Judge Andrew G. Schopler on 3/15/2022. (no document attached) (rfb)
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| Filing 28 STATUS REPORT by Home Depot U.S.A, Inc.. (Miller, Barbara) (jrm). |
| Filing 27 Joint MOTION to Continue Case Management Conference by Home Depot U.S.A, Inc. (Attachments: #1 Order Granting Joint Motion to Continue Case Management Conference)(Miller, Barbara) (jrm). |
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Filing 26
ORDER (AGS): A Zoom-based Case Management Conference is set for March 17, 2022, at 10:00 a.m. By March 14, 2022, the parties must file a joint status report with a proposed schedule. Signed by Magistrate Judge Andrew G. Schopler on 3/8/2022.(no document attached) (rfb)
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Filing 25
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Andrew G. Schopler for all further proceedings. Judge M. James Lorenz, Magistrate Judge Daniel E. Butcher no longer assigned to case. Create association to 3:19-cv-01766-AJB-AGS. The new case number is 22CV0276-AJB-AGS. Signed by Judge M. James Lorenz on 3/03/2022. Signed by Judge Anthony J. Battaglia on 3/02/2022.(jpp) Modified docket text; case associations on 3/7/2022 (jrm).
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| Filing 24 Judge M. James Lorenz and Magistrate Judge Daniel E. Butcher assigned to transfer case from Cental District of California. (no document attached) (jpp) |
| Filing 23 Case transferred in from District of California Central; Case Number 2:21-cv-08753. Original file received electronically |
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Filing 22
ORDER GRANTING JOINT REQUEST TO TRANSFER MATTER #21 by Judge Maame Ewusi-Mensah Frimpong. This action is transferred to the United States District Court, Southern District of California. IT IS SO ORDERED. (See document for further details) (MD JS-6. Case Terminated) (yl) [Transferred from California Central on 3/1/2022.]
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| Filing 21 STIPULATION to Transfer Case to United States District Court, Southern District of California filed by Defendant Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order)(Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
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Filing 20
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the Order for complete details. IT IS SO ORDERED. (kd) [Transferred from California Central on 3/1/2022.]
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Filing 19
ORDER OF THE CHIEF JUDGE (#22-026) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge George H. Wu to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-08753-MEMF-JEMx. (sn) [Transferred from California Central on 3/1/2022.]
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| Filing 18 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The correct time to appear on DEFENDANT HOME DEPOT U.S.A., INC.S MOTION TO DISMISS, STAY, OR TRANSFER BASED ON THE FIRST-TO-FILE RULE #17 , set for February 28, 2022 is 8:30 a.m., not 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 3/1/2022.] |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss, Stay or Transfer Based on the First-to-File Rule filed by Defendant Home Depot U.S.A., Inc.. Motion set for hearing on 2/28/2022 at 10:00 AM before Judge George H. Wu. (Attachments: #1 Memorandum in support of Motion to Dismiss, Stay, or Transfer Based on the First-to-File Rule, #2 Declaration of John D. Hayashi, #3 Declaration of Barbara J. Miller, #4 Exhibit A-O in support of Declaration of Barbara J. Miller) (Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Pooja Virendra Patel counsel for Plaintiff Nyiesha White. Kevin Farnan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff NYIESHA WHITE on behalf of herself and others similarly situated. (Patel, Pooja) [Transferred from California Central on 3/1/2022.] |
| Filing 15 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. Court and counsel discuss scheduling. The Court sets the following: Deadline to file Defendant's Motion to Transfer January 19, 2022. Plaintiff's Opposition February 2, 2022. Defendant's Reply February 16, 2022. Hearing on Defendant's Motion to Transfer February 28, 2022 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (mrgo) [Transferred from California Central on 3/1/2022.] |
| Filing 14 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 12/20/2021 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 3/1/2022.] |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-15 days, filed by Plaintiff Nyiesha White.. (Patel, Pooja) [Transferred from California Central on 3/1/2022.] |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Pooja Virendra Patel counsel for Plaintiff Nyiesha White. Adding Pooja Virendra Patel as counsel of record for NYIESHA WHITE on behalf of herself and others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff NYIESHA WHITE on behalf of herself and others similarly situated. (Attorney Pooja Virendra Patel added to party Nyiesha White(pty:pla))(Patel, Pooja) [Transferred from California Central on 3/1/2022.] |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. ( Rule 26 Meeting Report due by 12/13/2021. Scheduling Conference set for 12/20/2021 at 08:30 AM before Judge George H. Wu.) (mrgo) [Transferred from California Central on 3/1/2022.]
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Filing 10
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See attached document for details) (mrgo) [Transferred from California Central on 3/1/2022.]
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| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 3/1/2022.] |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 3/1/2022.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge John E. McDermott. (ghap) [Transferred from California Central on 3/1/2022.] |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 to 100, inclusive, Home Depot U.S.A., Inc. Jury Demanded., filed by plaintiff Nyiesha White. (FILED IN STATE COURT ON 8/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) [Transferred from California Central on 3/1/2022.] |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Home Depot U.S.A., Inc. (FILED IN STATE COURT ON 11/4/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(ghap) [Transferred from California Central on 3/1/2022.] |
| Filing 6 NOTICE of Interested Parties filed by Defendant Home Depot U.S.A., Inc., identifying The Home Depot, Inc.. (Attorney John D Hayashi added to party Home Depot U.S.A., Inc.(pty:dft))(Hayashi, John) [Transferred from California Central on 3/1/2022.] |
| Filing 5 DECLARATION of Patricia Olmsted re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Home Depot U.S.A., Inc.. (Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
| Filing 4 DECLARATION of G. Edward Anderson re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Home Depot U.S.A., Inc.. (Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
| Filing 3 DECLARATION of Barbara J. Miller re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Home Depot U.S.A., Inc.. (Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Home Depot U.S.A., Inc.. (Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV31087 Receipt No: ACACDC-32283910 - Fee: $402, filed by Defendant Home Depot U.S.A., Inc.. (Attachments: #1 State Court Compliant, #2 State Court Answer) (Attorney Barbara J Miller added to party Home Depot U.S.A., Inc.(pty:dft))(Miller, Barbara) [Transferred from California Central on 3/1/2022.] |
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