SENDEK v. 7-ELEVEN, INC.
| Birhanu Sendek |
| 7-ELEVEN, INC. |
| 1:2021cv00923 |
| April 5, 2021 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Labor: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 NOTICE of Appearance by Brad Goldstein on behalf of 7-ELEVEN, INC. (Goldstein, Brad) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 6/3/2021. Any Motion to Amend Pleadings/Joinder of Parties due by 6/11/2021; Exchange of Initial Disclosures due by 6/18/2021; Discovery to close by 10/8/2021; Any Expert Disclosures due by 8/6/2021; Any Rebuttal Disclosures due by 9/3/2021; Expert Depositions due by 11/5/2021; Any Pre-Motion Statement due by 10/22/2021; Any Rebuttal Pre-Motion Statement due by 10/29/2021. A Pre-Motion Conference/Status Conference is set for 11/10/2021, at 10:00 AM, by video, before Judge Randolph D. Moss. The Courtroom Deputy Clerk will circulate instructions for joining the hearing remotely. (Court Reporter: Jeff Hook.) (kt) |
| Filing 12 Receipt on 5/24/2021 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2021 CA 000568 B. (ztd) |
MINUTE ORDER: Upon consideration of Plaintiff's motion to remand to state court, Dkt. #9 , and Defendant's response, Dkt. #11 , it is hereby ORDERED that the motion is DENIED. Plaintiff's complaint alleges one count of "[r]ace [d]iscrimination." Dkt. 1-1 at 7. At the conclusion of that count, the complaint alleges: "Defendant's actions have exposed it to liability under Title VII and [the] DC Human Rights Act (DCHRA) of 1977 for discrimination." Id. at 8. This language unambiguously asserts claims under both the DCHRA and Title VII. Because this Court has original jurisdiction over civil actions "arising under the Constitution, laws, or treaties of the United States," 28 U.S.C. 1331, and Title VII is such a law, Defendant properly removed this case under 28 U.S.C. 1441(a), which allows removal of any civil action "of which the district courts of the United States have original jurisdiction." Although Plaintiff now disclaims any intention of bringing a Title VII claim, a Title VII claim appears on the face of the complaint. Disclaiming federal claims after removal cannot justify remand, because "a plaintiff's change in legal theory cannot defeat jurisdiction if a federal question appeared on the face of the complaint." Herero People's Reparations Corp. v. Deutsche Bank, A.G., 370 F.3d 1192, 1195 (D.C. Cir. 2004); Cannon v. Wells Fargo Bank, N.A., 908 F. Supp. 2d 110, 113 (D.D.C. 2012). Accordingly, the Court will deny Plaintiff's motion. Signed by Judge Randolph D. Moss on 05/19/2021. (lcrdm1)
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| Filing 11 RESPONSE re #9 MOTION to Remand to State Court filed by 7-ELEVEN, INC.. (Welter, Eric) |
| Filing 10 MEET AND CONFER STATEMENT. (Welter, Eric) |
| Filing 9 MOTION to Remand to State Court by BIRHANU SENDEK. (Attachments: #1 Text of Proposed Order)(Favors, Reshad) |
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Filing 8
ORDER: The parties are hereby ORDERED to appear telephonically for an Initial Scheduling Conference on June 3, 2021, at 11:30 a.m. The parties may obtain a teleconference number and access code from the Deputy Clerk of Court. It is further ORDERED that the parties shall submit a report and a proposed scheduling order pursuant to Local Civil Rule 16.3(d) on or before May 27, 2021. See document for details. Signed by Judge Randolph D. Moss on 05/03/2021. (lcrdm1)
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| Filing 7 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by 7-ELEVEN, INC. (Welter, Eric) |
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Filing 6
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 04/07/2021. (lcrdm1)
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| Filing 5 NOTICE to Counsel/Party re #1 Notice of Removal, (adh, ) |
| Case Assigned to Judge Randolph D. Moss. (adh, ) |
| Filing 4 ERRATA Corrected Civil Cover Sheet by 7-ELEVEN, INC. re #3 Errata filed by 7-ELEVEN, INC.. (Welter, Eric) |
| Filing 3 ERRATA by 7-ELEVEN, INC. re Notice of QC- New Case,. (Attachments: #1 Exhibit 1 Summons and Complaint, #2 Exhibit 2 Answer (filed), #3 Exhibit 3 Docket Report, #4 Exhibit 4 Other pleadings)(Welter, Eric) |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to eaw@welterlaw.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) |
| Filing 2 CIVIL COVER SHEET by 7-ELEVEN, INC. re #1 Notice of Removal, filed by 7-ELEVEN, INC.. Related document: #1 Notice of Removal, filed by 7-ELEVEN, INC..(Welter, Eric) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2021 CA 000568 B Filing fee $ 402, receipt number ADCDC-8352592 filed by 7-ELEVEN, INC.. (Attachments: #1 Exhibit 1 Summons and Complaint, #2 Exhibit 2 Answer (filed), #3 Exhibit 3 Docket Report, #4 Exhibit 4 Other pleadings)(Welter, Eric) |
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| Plaintiff: Birhanu Sendek | |
| Represented By: | Reshad Favors |
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| Defendant: 7-ELEVEN, INC. | |
| Represented By: | Eric Anthony Welter |
| Represented By: | Brad Goldstein |
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