Michele Metcalf v. Transperfect Global Inc.
| Michele Metcalf and Hannah Lawson |
| TransPerfect Global, Inc., TransPerfect Document Management, Inc., TransPerfect, Inc., TransPerfect Remote Interpreting, Inc. and Transperfect Translations International, Inc. |
| 1:2019cv10104 |
| October 31, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 ed |
| Plaintiff |
Docket Report
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Filing 60
LETTER addressed to Judge Alison J. Nathan from Daniel Turinsky dated December 23, 2019 re: In response to Plaintiffs letter dated December 19, 2019. Document filed by TransPerfect Document Management, Inc., TransPerfect Global, Inc., TransPerfect Remote Interpreting, Inc., TransPerfect, Inc., Transperfect Translations International, Inc..(Turinsky, Daniel)
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Filing 59
LETTER addressed to Judge Alison J. Nathan from Jeremiah Frei-Pearson dated December 19, 2019 re: Response to December 12, 2019 Order to Show Cause. Document filed by Hannah Lawson, Michele Metcalf. (Attachments: #1 Proposed Second Amended Class Action Complaint)(Frei-Pearson, Jeremiah)
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Filing 58
ORDER granting #56 Letter Motion for Extension of Time. Defendants' request is hereby granted. The deadline to respond to the Amended Complaint is extended to fourteen (14) days following the Court's determination of the Order to Show Cause. Furthermore, the initial pre-trial conference scheduled for December 20, 2019 is hereby adjourned to January 24, 2020 at 3:30 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/18/2019) (kv) Modified on 12/18/2019 (kv).
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Set/Reset Hearings: Initial Conference set for 1/24/2020 at 03:30 PM before Judge Alison J. Nathan. (kv)
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Filing 57
LETTER addressed to Judge Alison J. Nathan from Daniel Turinsky dated December 16, 2019 re: Adjournment of Initial Conference currently for December 20, 2019. Document filed by TransPerfect Document Management, Inc., TransPerfect Global, Inc., TransPerfect Remote Interpreting, Inc., TransPerfect, Inc., Transperfect Translations International, Inc..(Turinsky, Daniel)
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Filing 56
LETTER MOTION for Extension of Time for Defendants to file their motion to dismiss the Amended Complaint addressed to Judge Alison J. Nathan from Daniel Turinsky dated December 13, 2019. Document filed by TransPerfect Document Management, Inc., TransPerfect Global, Inc., TransPerfect Remote Interpreting, Inc., TransPerfect, Inc., Transperfect Translations International, Inc..(Turinsky, Daniel)
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Filing 55
ORDER: On December 6, 2019, Plaintiff Michele Metcalf amended her complaint and added an additional Plaintiff, Hannah Lawson. Dkt. No. 45. On December 10, 2019, Defendants wrote a letter to the Court contending that the addition of this plaintiff deprives the Court of subject matter jurisdiction. "Courts have an independent obligation to determine whether subject matter jurisdiction exists." Mills 2011 LLC v. Synovus Bank, 921 F. Supp. 2d 219, 220 (S.D.N.Y. 2013) (citing Arbaugh v. Y&H, 546 U.S. 500, 514, 126 S. Ct 1235, 163 L. Ed. 2d 1097 (2006)). There is no federal claim asserted in this case, and the Amended Complaint asserts diversity jurisdiction under 28 U.S.C. 1332. However, the Supreme Court has long held that 1332 "requir[es] complete diversity: In a case with multiple plaintiffs and multiple defendants, the presence in the action of a single plaintiff from the same State as a single defendant deprives the district court of original diversity jurisdiction over the entire action." Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546, 553 (2005); Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806). While the Amended Complaint pleads that Plaintiff Metcalf is a California citizen, it pleads that Plaintiff Lawson and all Defendants are New York citizens, meaning that there is not complete diversity in this case. Amended Complaint 7,16. Plaintiffs are hereby ordered to to show cause within one week from the date of this Order why this matter should not be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/11/2019) (va) Modified on 12/12/2019 (va).
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***DELETED DOCUMENT. Deleted document number #56 ORDER GRANTING IFP APPLICATION. The document was incorrectly filed in this case. (va)
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Filing 54
ELECTRONIC SUMMONS ISSUED as to Transperfect Translations International, Inc.. (pne)
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Filing 53
ELECTRONIC SUMMONS ISSUED as to TransPerfect Remote Interpreting, Inc.. (pne)
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Filing 52
ELECTRONIC SUMMONS ISSUED as to TransPerfect, Inc.. (pne)
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Filing 51
ELECTRONIC SUMMONS ISSUED as to TransPerfect Document Management, Inc.. (pne)
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Filing 50
LETTER addressed to Judge Alison J. Nathan from Daniel Turinsky, dated December 10, 2019, re: to inform the Court, in accordance with the Order dated November 27, 2019, that Defendants intend to file a new motion to dismiss. Document filed by TransPerfect Document Management, Inc., TransPerfect Global, Inc., TransPerfect Remote Interpreting, Inc., TransPerfect, Inc., Transperfect Translations International, Inc..(Turinsky, Daniel)
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Filing 49
REQUEST FOR ISSUANCE OF SUMMONS as to TransPerfect Translations International, Inc., re: #45 Amended Complaint,. Document filed by Hannah Lawson, Michele Metcalf. (Frei-Pearson, Jeremiah)
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Filing 48
REQUEST FOR ISSUANCE OF SUMMONS as to TransPerfect Document Management, Inc., re: #45 Amended Complaint,. Document filed by Hannah Lawson, Michele Metcalf. (Frei-Pearson, Jeremiah)
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Filing 47
REQUEST FOR ISSUANCE OF SUMMONS as to TransPerfect, Inc., re: #45 Amended Complaint,. Document filed by Hannah Lawson, Michele Metcalf. (Frei-Pearson, Jeremiah)
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Filing 46
REQUEST FOR ISSUANCE OF SUMMONS as to TransPerfect Remote Interpreting, Inc., re: #45 Amended Complaint,. Document filed by Hannah Lawson, Michele Metcalf. (Frei-Pearson, Jeremiah)
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Filing 45
AMENDED COMPLAINT amending #1 Complaint - Miscellaneous against TransPerfect Document Management, Inc., TransPerfect Global, Inc., TransPerfect Remote Interpreting, Inc., TransPerfect, Inc., Transperfect Translations International, Inc. with JURY DEMAND.Document filed by Hannah Lawson, Michele Metcalf. Related document: #1 Complaint - Miscellaneous.(Frei-Pearson, Jeremiah)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeremiah Lee Frei-Pearson to RE-FILE Document No. #44 Amended Complaint. The filing is deficient for the following reason(s): Amended Pleading not linked to initial pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Filing 44
FILING ERROR AMENDED PLEADING NOT LINKED TO CORRESPONDING PLEADING- AMENDED COMPLAINT against TransPerfect Global, Inc., Transperfect Translations International, Inc., TransPerfect Document Management, Inc., TransPerfect, Inc., TransPerfect Remote Interpreting, Inc. with JURY DEMAND.Document filed by Michele Metcalf, Hannah Lawson.(Frei-Pearson, Jeremiah) Modified on 12/9/2019 (sj).
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Filing 43
ORDER terminating #42 Letter Motion for Extension of Time to File Response/Reply. Because Plaintiff intends to amend her complaint, see Dkt. No. 41, Defendant will have the option of either filing a new answer, a new motion to dismiss, or a letter stating that it will rely on its initially-filed motion to dismiss. Plaintiff must oppose Defendant's November 15, 2019 motion to dismiss only in the event that Defendant files a letter stating that it intends to rely on its initially-filed motion to dismiss. If Defendant does so, Plaintiff's opposition will be due two weeks from the filing date of Defendant's letter. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/27/2019) (kv)
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Filing 42
LETTER MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss Complaint. addressed to Judge Alison J. Nathan from Jeremiah Frei-Pearson dated November 26, 2019. Document filed by Michele Metcalf.(Frei-Pearson, Jeremiah)
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Filing 41
LETTER addressed to Judge Alison J. Nathan from Jeremiah Frei-Pearson dated November 25, 2019 re: Amended Complaint. Document filed by Michele Metcalf.(Frei-Pearson, Jeremiah)
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Filing 40
ORDER: On November 15, 2019, Defendant filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before November 25, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in Defendant November 15th motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or ( c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/20/2019) (ama)
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Filing 39
DECLARATION of Daniel Turinsky, Esq. in Support re: #37 MOTION to Dismiss Complaint.. Document filed by TransPerfect Global, Inc.. (Attachments: #1 A- Plaintiff's Paystub, #2 Exhibit B- Plaintiff's Life Cycle Personnel Form)(Turinsky, Daniel)
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Filing 38
MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss Complaint. . Document filed by TransPerfect Global, Inc.. (Turinsky, Daniel)
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Filing 37
MOTION to Dismiss Complaint. Document filed by TransPerfect Global, Inc..(Turinsky, Daniel)
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Filing 36
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL AS COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Eric S Beane terminated. (Signed by Judge Alison J. Nathan on 11/7/2019) (va)
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Filing 35
MEMO ENDORSEMENT ON NOTICE OF WITHDRAWAL AS COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Michelle Chung terminated. (Signed by Judge Alison J. Nathan on 11/7/2019) (va)
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Filing 34
NOTICE OF APPEARANCE by Andrew Charles White on behalf of Michele Metcalf. (White, Andrew)
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Filing 33
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by TransPerfect Global, Inc.. (Hall, Janeen)
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Filing 32
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by TransPerfect Global, Inc.. (Hall, Janeen)
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Filing 31
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/20/2019 at 03:15 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/1/2019) (rjm)
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Filing 30
ORDER granting #29 LETTER MOTION for Extension of Time to File Answer, move or otherwise respond to the Complaint. SO ORDERED. TransPerfect Global, Inc. answer due 11/15/2019 (Signed by Judge Alison J. Nathan on 11/1/2019) (jca)
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Filing 29
LETTER MOTION for Extension of Time to File Answer , move or otherwise respond to the Complaint, addressed to Judge Alison J. Nathan from Daniel Turinsky dated November 1, 2019. Document filed by TransPerfect Global, Inc..(Turinsky, Daniel)
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Filing 28
NOTICE OF APPEARANCE by Daniel Turinsky on behalf of TransPerfect Global, Inc.. (Turinsky, Daniel)
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Filing 27
NOTICE OF APPEARANCE by Garrett David Kennedy on behalf of TransPerfect Global, Inc.. (Kennedy, Garrett)
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Filing 26
NOTICE OF APPEARANCE by Janeen Renee Hall on behalf of TransPerfect Global, Inc.. (Hall, Janeen)
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Filing 25
CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 8:19-cv-01653. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo)
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Filing 24
ORDER GRANTING STIPULATION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. SECTION 1404(A) by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the Stipulation #22 is GRANTED. The case shall be transferred to the United States District Court for the Southern District of New York, located in New York, New York. Case transferred electronically. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 10/31/2019.]
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Filing 23
Notice of Appearance or Withdrawal of Counsel: for attorney Jean M Sedlak counsel for Plaintiff Michele Metcalf. Jean M. Sedlak 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 Michele Metcalf. (Sedlak, Jean) [Transferred from California Central on 10/31/2019.]
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Filing 22
STIPULATION to Transfer Case to U.S.D.C., Southern District of New York filed by Defendant Transperfect Global Inc.. (Attachments: #1 Proposed Order)(Beane, Eric) [Transferred from California Central on 10/31/2019.]
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Filing 21
CORPORATE DISCLOSURE STATEMENT filed by Defendant Transperfect Global Inc. identifying Transperfect Holdings, LLC owns Defendant TransPerfect Global Inc. as Corporate Parent. (Beane, Eric) [Transferred from California Central on 10/31/2019.]
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Filing 20
CERTIFICATE of Interested Parties filed by Defendant Transperfect Global Inc., identifying Michele Metcalf (Plaintiff); TransPerfect Global Inc. (Defendant); TransPerfect Translations International Inc. (Employer). (Beane, Eric) [Transferred from California Central on 10/31/2019.]
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Filing 19
STIPULATION Extending Time to Answer the complaint as to Transperfect Global Inc. answer now due 10/24/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Transperfect Global Inc..(Attorney Eric S Beane added to party Transperfect Global Inc.(pty:dft))(Beane, Eric) [Transferred from California Central on 10/31/2019.]
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Filing 18
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Jeremiah Frei-Pearson to Appear Pro Hac Vice on behalf of Plaintiff Michele Metcalf, designating Nona Yegazarian as local counsel #15 , #17 . (gk) [Transferred from California Central on 10/31/2019.]
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Filing 17
APPLICATION of Non-Resident Attorney Jeremiah Frei-Pearson to Appear Pro Hac Vice on behalf of Plaintiff Michele Metcalf (Pro Hac Vice Fee - $400 Previously Paid on 9/11/2019, Receipt No. 0973-24422998) filed by Plaintiff Michele Metcalf. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate of Good Standing) (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 16
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeremiah Frei-Pearson to Appear Pro Hac Vice on behalf of Plaintiff Michele Metcalf (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24422998) #15 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) [Transferred from California Central on 10/31/2019.]
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Filing 15
APPLICATION of Non-Resident Attorney Jeremiah Frei-Pearson to Appear Pro Hac Vice on behalf of Plaintiff Michele Metcalf (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24422998) filed by Plaintiff Michele Metcalf. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 14
RESPONSE filed by Pro Hac Vice attorney Jeremiah Frei-Pearson on behalf of Plaintiff Michele Metcalf. RE: Notice of Filing Fee Due. PHV fee N/A. (lt) Modified on 9/11/2019 (lt). Attorney will not be appearing as attorney of record on this case. [Transferred from California Central on 10/31/2019.]
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Filing 13
RESPONSE filed by Pro Hac Vice attorney Todd S. Garber on behalf of Plaintiff Michele Metcalf. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 10/31/2019.]
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Filing 12
SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Michele Metcalf, upon Defendant Transperfect Global Inc. served on 9/3/2019, answer due 9/24/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 11
NOTICE of Interested Parties filed by Plaintiff Michele Metcalf, identifying class of similarly situated individuals. (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 10/31/2019.]
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Filing 9
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 8
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Todd S Garber. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 7
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeremiah Frei-Pearson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 6
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Transperfect Global Inc. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John D. Early. (ghap) [Transferred from California Central on 10/31/2019.]
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Filing 3
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michele Metcalf. (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Michele Metcalf. (Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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Filing 1
COMPLAINT Receipt No: 0973-24342563 - Fee: $400, filed by Plaintiff Michele Metcalf. (Attorney Nona Yegazarian added to party Michele Metcalf(pty:pla))(Yegazarian, Nona) [Transferred from California Central on 10/31/2019.]
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