Eller v. Automatic Data Processing, Inc. et al
Plaintiff: Amy Eller
Defendant: Automatic Data Processing, Inc. and Does 1 through 50
Case Number: 3:2023cv00943
Filed: May 22, 2023
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: Larry Alan Burns
2 Judge: Allison H Goddard
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2023 Opinion or Order Filing 30 ORDER Scheduling Settlement Disposition Conference ("SDC"). SDC set for 8/29/2023 at 11:00 AM before Magistrate Judge Allison H. Goddard. Joint email update due 8/28/2023. Signed by Magistrate Judge Allison H. Goddard on 7/7/2023.(hmw)
July 7, 2023 Opinion or Order Filing 28 NOTICE of Settlement by Amy Eller (Vartanian, Kristapor) (jmo).
July 6, 2023 Opinion or Order Filing 29 USCA Case Number 23-55590 for #27 Notice of Appeal to 9th Circuit filed by Automatic Data Processing, Inc. (Attachments: #1 Notice to All Parties and Counsel, #2 Case Opening Packet, #3 Attorneys Not Registered for E-Filing, #4 Mediation Letter)(jrd)
July 5, 2023 Opinion or Order Filing 27 NOTICE OF APPEAL to the 9th Circuit by Automatic Data Processing, Inc. (Filing fee $505.00 receipt number ACASDC-17988358.) (Notice of Appeal electronically transmitted to US Court of Appeals.)(Kingston, Sean)(jrd)
July 5, 2023 Opinion or Order Filing 26 NOTICE of Address Correction by Automatic Data Processing, Inc. (Kingston, Sean) (jmo).
June 30, 2023 Opinion or Order Filing 25 Joint MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction (Second) by Amy Eller. (Vartanian, Kristapor) (alns).
June 30, 2023 Opinion or Order Filing 24 ANSWER to Complaint , COUNTERCLAIM against Amy Eller by Automatic Data Processing, Inc..(Kingston, Sean) (alns).
June 16, 2023 Opinion or Order Filing 23 Order: 1. Issuing Preliminary Injuction; and 2. Granting Joint Motion for Extension #22 . Opposition due by 7/10/2023. Reply due by 7/17/2023. Signed by Judge Cynthia Bashant on 6/16/23. (jmo)
June 15, 2023 Opinion or Order Filing 22 Joint MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction by Amy Eller. (Vartanian, Kristapor) (jmo).
June 13, 2023 Opinion or Order Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 6/2/2023, before Judge Cynthia Bashant. Court Reporter/Transcriber Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/5/2023. Redacted Transcript Deadline set for 7/14/2023. Release of Transcript Restriction set for 9/11/2023. (axr)
June 7, 2023 Opinion or Order Filing 20 NOTICE of Disassociation of Counsel for Defendant by Automatic Data Processing, Inc. (Kingston, Sean) (jmo).
June 5, 2023 Opinion or Order Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Automatic Data Processing, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Sean T. Kingston, #3 Proposed Order)(Kingston, Sean)(jmo).
June 5, 2023 Opinion or Order Filing 18 Order Granting Plaintiff's Ex Parte Application for Temporary Restraining Order (ECF No. #3 ). Defendant is enjoined from attempting to enforce the Agreements outside the present action. Signed by Judge Cynthia Bashant on 6/5/2023. (jmo)
June 2, 2023 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 6/2/2023 re #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction filed by Amy Eller. Motion submitted. Court to issue order.(Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Nathan Chapman). (Defendant Attorney Sean Kingston). (no document attached) (sxm)
June 2, 2023 Opinion or Order Filing 16 REPLY to Response to Motion re #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Amy Eller. (Vartanian, Kristapor)(jmo).
June 2, 2023 Opinion or Order Filing 15 Order Granting Plaintiff's Ex Parte Request for Leave to File Reply Brief (ECF No. #14 ). Plaintiff must file her reply brief on or before 6/2/2023. Signed by Judge Cynthia Bashant on 6/2/23. (jmo)
June 1, 2023 Opinion or Order Filing 14 Ex Parte MOTION for Leave to File a Reply Brief in Support of Plaintiff's Application for a TRO and Preliminary Injunction by Amy Eller. (Attachments: #1 Draft Reply Brief (seeking leave), #2 Declaration of Kristapor Vartanian)(Vartanian, Kristapor) (jmo).
May 31, 2023 Opinion or Order Filing 13 ORDER Approving #8 Pro Hac Vice Application of James Boutrous, II. Signed by Judge Cynthia Bashant.(jrm)
May 31, 2023 Opinion or Order Filing 12 RESPONSE in Opposition re #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Automatic Data Processing, Inc.. (Attachments: #1 Declaration of Katherine Donohue, #2 Declaration of Christina Feinberg)(Kingston, Sean) (jmo).
May 31, 2023 Opinion or Order Filing 11 NOTICE OF WITHDRAWAL OF DOCUMENT by Automatic Data Processing, Inc. re #9 Response in Opposition to Motion, filed by Automatic Data Processing, Inc. . (Kingston, Sean) (jmo).
May 30, 2023 Opinion or Order Filing 10 CERTIFICATE OF SERVICE by Automatic Data Processing, Inc. re #2 Notice of Party With Financial Interest, #1 Notice of Removal, (Kingston, Sean) (jmo).
May 30, 2023 Opinion or Order Filing 9 **DOCUMENT WITHDRAWN BY FILER PER #11 AND REFILED WITH SIGNATURE**RESPONSE in Opposition re #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Automatic Data Processing, Inc.. (Attachments: #1 Declaration of Katherine Donohue, #2 Declaration of Christina Feinberg)(Kingston, Sean) **QC mailer re: document not signed 5/31/2023** (jmo). Modified on 6/1/2023 (jmo).
May 30, 2023 Opinion or Order Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17884590.) (Application to be reviewed by Clerk.) (Boutrous, James)
May 25, 2023 Opinion or Order Filing 7 Order Setting Oral Argument (ECF No. #3 ). Parties to appear on Friday, 6/2/2023 at 11:00 AM in Courtroom 12B. Signed by Judge Cynthia Bashant on 5/25/23.(jmo)
May 25, 2023 Opinion or Order Filing 6 Order Requiring Response to Ex Parte Application for Temporary Restraining Order. (ECF No. #3 ). ADP to file a response by Tuesday, 5/30/2023. Signed by Judge Cathy Ann Bencivengo for Judge Cynthia Bashant on 5/25/23.(jmo)
May 25, 2023 Opinion or Order Filing 5 Corporate Disclosure Statement by Amy Eller. No Corporate Parents/Interested Parties. (Vartanian, Kristapor) (jmo).
May 25, 2023 Opinion or Order Filing 4 MINUTE ORDER OF TRANSFER. Case reassigned under Local Rule 40.1.c. Judge Larry Alan Burns is no longer assigned. Case reassigned to Judge Cynthia Bashant for all further proceedings. The new case number is 23cv943-BAS(AHG).(no document attached) (rmc)
May 24, 2023 Opinion or Order Filing 3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction by Amy Eller. (Attachments: #1 Declaration of Amy Eller, #2 Declaration of Kristapor Vartanian)(Vartanian, Kristapor). Added MOTION for Preliminary Injunction on 5/25/2023 (rmc).
May 22, 2023 Opinion or Order Filing 2 NOTICE of Party With Financial Interest by Automatic Data Processing, Inc.. No Parties With Financial Interest. (mjw)
May 22, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-17868669.), filed by Automatic Data Processing, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibits 1-10, #3 Declaration of Sean T. Kingston)The new case number is 3:23-cv-943-LAB-AHG. Judge Larry Alan Burns and Magistrate Judge Allison H. Goddard are assigned to the case.(mjw) (Additional attachment(s) added on 5/23/2023: #4 Notice of Related Cases) (mjw).

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Plaintiff: Amy Eller
Represented By: Kristapor Vartanian
Represented By: Nathan Chapman
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Defendant: Automatic Data Processing, Inc.
Represented By: Kristina Noel Avena Buan
Represented By: Sean T. Kingston
Represented By: James Boutrous, II
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Defendant: Does 1 through 50
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