Ponce v. Chevron U.S.A., Inc.
| Miguel Angel Ponce |
| Chevron U.S.A. Inc. and Chevron Corporation |
| 1:2021cv00114 |
| April 7, 2021 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Taylor B McNeel |
| Robert P Myers |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 MEMORANDUM IN SUPPORT re #38 MOTION to Dismiss filed by Miguel Angel Ponce (Dunnells, Christopher) |
| Filing 42 RESPONSE in Opposition re #38 MOTION to Dismiss filed by Miguel Angel Ponce (Dunnells, Christopher) |
| Reset Hearing: Due to a scheduling conflict with the Court, the Telephonic Case Management Conference is RESET for 7/6/2021 at 1:00 PM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order #40 . (AB) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Dismiss by Miguel Angel Ponce (Dunnells, Christopher) |
TEXT ONLY ORDER granting #41 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiff shall have until 6/4/21 to file his response. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Taylor B. McNeel on 5/12/2021. (MS)
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| DOCKET ANNOTATION as to # 41. Attorney is advised that the correct division that should be listed on all future filings is "Southern", not Jackson. (JCH) |
| Filing 40 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/18/2021 at 1:30 PM before Magistrate Judge John C. Gargiulo. (AB) |
| Filing 39 MEMORANDUM in Support re #38 MOTION to Dismiss filed by Chevron U.S.A. Inc. (Weiner - PHV, Monique) |
| Filing 38 MOTION to Dismiss by Chevron U.S.A. Inc. (Weiner - PHV, Monique) |
| Filing 37 Corporate Disclosure Statement by Chevron U.S.A. Inc. (Weiner - PHV, Monique) |
| Filing 36 **ERROR**Disregard this entry. MOTION to Dismiss by Chevron U.S.A. Inc. (Attachments: #1 Attachment Memorandum in Support) (Weiner - PHV, Monique) Modified on 5/7/2021 (RLW). |
| DOCKET ANNOTATION as to #36: Attorney advises that there is an error in this entry, and it should be disregarded. Court staff terminated Motion. It has been correctly refiled as Doc. #38 . The Memorandum in Support attached as an exhibit will be filed as a separate entry. (RLW) |
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TEXT ONLY ORDER granting #35 Motion to Appear Pro Hac Vice of Donald E. Pinaud, Jr. Donald E. Pinaud, Jr. is admitted pro hac vice in this case on behalf of Plaintiff in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/30/2021 (AB)
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| Filing 35 MOTION for Donald E. Pinaud, Jr. to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4542759) by Miguel Angel Ponce (Attachments: #1 Attachment Certificate of Good Standing - FL - Donald E. Pinaud, Jr.)(Monroe, Clark) |
| Filing 34 NOTICE of Appearance by Christopher G. Dunnells on behalf of Miguel Angel Ponce (Dunnells, Christopher) |
| Filing 33 NOTICE of Appearance by Clark Monroe, II on behalf of Miguel Angel Ponce (Monroe, Clark) |
| DOCKET ANNOTATION as to # 33 - # 35. Attorney is advised that the correct judge initials for this case are TBM-JCG, which should be used on all future filings. (JCH) |
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TEXT ONLY ORDER granting #29 Motion to Appear Pro Hac Vice of Skylar Rudin; granting #30 Motion to Appear Pro Hac Vice of Monique Weiner. Skylar Rudin and Monique Weiner are admitted pro hac vice in this case on behalf of Defendant Chevron U.S.A. Inc., in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/27/2021 (AB)
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TEXT ONLY ORDER granting #31 Motion to Withdraw as Counsel of Record. Robert D. Eassa is terminated as counsel of record for Defendant. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 4/27/2021 (AG)
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Filing 32
ORDER OF RECUSAL. Magistrate Judge Robert P. Myers, Jr. recused. Case reassigned to Magistrate Judge John C. Gargiulo for all further proceedings. Signed by Magistrate Judge Robert P. Myers, Jr. on 4/26/21. (RLW)
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| Attorneys are advised to include the case number and new judge assignment of 1:21cv114 TBM-JCG on future filed pleadings. (RLW) |
| Filing 31 MOTION to Withdraw as Attorney by Chevron U.S.A. Inc. (Kuchler, Deborah) |
| Filing 30 MOTION for Monique Weiner to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4538101) by Chevron U.S.A. Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Kuchler, Deborah) |
| Filing 29 MOTION for Skylar Rudin to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4538029) by Chevron U.S.A. Inc. (Attachments: #1 Exhibit Certificate of Good Standing)(Kuchler, Deborah) |
| Filing 28 Letter sent to Pinaud, Mullanax, Eassa and Weiner on 4/7/21 requesting PHV motion, proposed order and fee. (RLW) |
| Filing 27 Case transferred in from District of California Northern; Case Number 3:20-cv-07813. Original file certified copy of transfer order and docket sheet received. |
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Filing 26
Order by Judge Susan Illston granting #25 Stipulation to Transfer Jurisdiction.(ecS, COURT STAFF) (Filed on 4/6/2021) [Transferred from California Northern on 4/7/2021.]
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| case electronically transmitted to the Southern District of Mississippi. (tnS, COURT STAFF) (Filed on 4/6/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 25 NOTICE OF STIPULATION AND [PROPOSED] ORDER OF IMPROPER VENUE AND TO TRANSFER CASE FOR PROPER VENUE TO THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF MISSISSIPPI, AND REQUEST TO TRANSFER re #23 Amended MOTION to Dismiss or Transfer filed by Miguel Angel Ponce. (Attachments: #1 [Proposed] Order)(Pinaud, Donald) (Filed on 4/5/2021) [Transferred from California Northern on 4/7/2021.] |
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Filing 24
Order by Judge Susan Illston granting #22 Motion for Pro Hac Vice of Monique M. Weiner.(ecS, COURT STAFF) (Filed on 3/18/2021) [Transferred from California Northern on 4/7/2021.]
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| Filing 23 AMENDED NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE (OR, ALTERNATIVELY, TO TRANSFER) AND FOR FAILURE TO STATE A CLAIM filed by Chevron U.S.A., Inc.. Motion Hearing set for 4/30/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 3/31/2021. Replies due by 4/7/2021. (Eassa, Robert) (Filed on 3/17/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 22 MOTION for leave to appear in Pro Hac Vice of Monique M. Weiner, (Filing Fee: $317.00, receipt number 0971-15715235) filed by Chevron U.S.A., Inc.. (Eassa, Robert) (Filed on 3/17/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 21 NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE (OR, ALTERNATIVELY, TO TRANSFER) AND FOR FAILURE TO STATE A CLAIM filed by Chevron U.S.A., Inc.. Motion Hearing set for 4/30/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 3/31/2021. Replies due by 4/7/2021. (Attachments: #1 Declaration of Anusha Mandava, #2 Declaration of Jacqueline Smith)(Eassa, Robert) (Filed on 3/17/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 20 CLERK'S NOTICE MOVING INITIAL CASE MANAGEMENT CONFERENCE: Initial Case Management Conference set for 4/30/2021 at 10:00 AM - Videoconference Only. Joint Case Management Statement due by 4/23/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 3/17/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chevron U.S.A., Inc... (Eassa, Robert) (Filed on 3/16/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chevron U.S.A., Inc... (Eassa, Robert) (Filed on 3/16/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 17 NOTICE OF MOTION AND MOTION TO DISMISS FOR IMPROPER VENUE (OR, ALTERNATIVELY, TO TRANSFER) AND FOR FAILURE TO STATE A CLAIM /i> filed by Chevron U.S.A., Inc.. Motion Hearing set for 4/15/2021 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 3/30/2021. Replies due by 4/6/2021. (Attachments: #1 Declaration of Anusha Mandava, #2 Declaration of Jacqueline Smith, #3 Certificate of Interested Parties)(Eassa, Robert) (Filed on 3/16/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 16 CLERK'S NOTICE RE: #15 CONSENT MOTION TO CONTINUE / RESCHEDUEL CASE MANAGEMENT CONFERENCE: Counsel is instructed to refile the Consent Motion so that it conforms with 1) California Rules of Court Rule 2.100. Form and format of papers presented for filing in the trial courts, and 2) provide a Proposed Order as part of the filing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 3/8/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 15 Consent MOTION to Continue /Reschedule Case Mgmt. Conf. filed by Miguel Angel Ponce. (Pinaud, Donald) (Filed on 3/8/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 14 AMENDED COMPLAINT against All Defendants. Filed by Miguel Angel Ponce. (Pinaud, Donald) (Filed on 2/23/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 13 CLERKS NOTICE SETTING TELEPHONIC HEARING. Initial Case Management Conference set for 3/26/2021 at 02:30 PM - Telephonic Only. Joint Case Management Statement due by 3/19/2021.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. Initial Case Management Conference set for 3/26/2021 02:30 PM in San Francisco, - Telephonic Only. (Related documents(s) 12 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 2/3/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 12 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE:Initial Case Management Conference set for 3/26/2021 at 02:30 PM in San Francisco, Courtroom 01, 17th Floor. Joint Case Management Statement due by 3/19/2021. (ecS, COURT STAFF) (Filed on 2/3/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 4/7/2021.] |
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Filing 11
Order by Judge Susan Illston granting #10 Motion for Pro Hac Vice of Donald E. Pinaud, Jr..(ecS, COURT STAFF) (Filed on 1/19/2021) [Transferred from California Northern on 4/7/2021.]
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| Filing 10 MOTION for leave to appear in Pro Hac Vice for Plaintiff Miguel A. Ponce, (Filing Fee: $317.00, receipt number 0971-15450242) filed by Miguel Angel Ponce. (Pinaud, Donald) (Filed on 1/15/2021) [Transferred from California Northern on 4/7/2021.] |
| Filing 9 CLERKS NOTICE SETTING TELEPHONIC HEARING. Initial Case Management Conference set for 2/5/2021 at 02:30 PM - Telephonic Only. Joint Case Management Statement due by 1/29/2021.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. Initial Case Management Conference set for 2/5/2021 02:30 PM in San Francisco, - Telephonic Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 12/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.] |
| Filing 8 CLERK'S NOTICE ON REASSIGNMENT AND SETTING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 2/5/2021 at 02:30 PM in San Francisco, Courtroom 01, 17th Floor. Joint Case Management Statement due by 1/29/2021. (ecS, COURT STAFF) (Filed on 12/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.] |
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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 Susan Illston for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to 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.. Signed by Clerk on 12/07/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 12/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.]
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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. (ahm, COURT STAFF) (Filed on 12/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miguel Angel Ponce.. (Ponce, Miguel) (Filed on 12/7/2020) [Transferred from California Northern on 4/7/2021.] |
| Filing 4 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 12/7/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 11/23/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.] |
| Filing 3 Summons Issued as to Defendant Chevron Corporation. (tnS, COURT STAFF) (Filed on 11/2/2020) [Transferred from California Northern on 4/7/2021.] |
| Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Joint Case Management Statement due by 1/28/2021. Initial Case Management Conference set for 2/4/2021 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 11/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 4/7/2021.] |
| Filing 1 COMPLAINT; JURY DEMAND against Chevron Corporation, (Filing Fee: $400.00, receipt number 34611151559). Filed by Miguel A. Ponce. Consent/Declination due by 11/16/2020. (Attachments: #(1) Civil Cover Sheet, #(2) Filing Fee Receipt, #(3) Envelope) (tnS, COURT STAFF) (Filed on 11/2/2020) [Transferred from California Northern on 4/7/2021.] |
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