Unite Here Retirement Fund et al v. City Of San Jose
| Trustees of Unite Here Retirement Fund and Unite Here Retirement Fund |
| City Of San Jose and Dolce International/San Jose, LLC |
| 1:2020cv03319 |
| April 28, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1381 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Northern District of California acknowledging receipt of transferred case. Assigned Case Number: 5:20-cv-06069, filed on 08/28/2020. (sjo) |
Filing 27
ORDER: IT IS HEREBY ORDERED THAT, pursuant to 28 U.S.C. 1404(a), this case is immediately TRANSFERRED to the United States District Court for the Northern District of California. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/28/2020) (ama)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - of Northern District of California.(ama) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 8/28/2020. Case Transferred. Court Reporter Jennifer Thun present. (anc) |
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Filing 26
ORDER: IT IS HEREBY ORDERED that the hearing will take place via teleconference. The parties must appear for the hearing by dialing 888-363-4749, using the access code 3121171 and the security code 3319. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/26/2020) (ks)
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| Filing 25 JOINT PRE-CONFERENCE STATEMENT before Conference scheduled on August 28, 2020. Document filed by City Of San Jose, Dolce International/San Jose, LLC, Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Ehrenberg, Cassie) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for John J. McGowan, Jr. to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 8/18/2020) (rro)
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| Filing 23 ANSWER to #18 Amended Complaint,., CROSSCLAIM against Dolce International/San Jose, LLC. Document filed by City Of San Jose..(Blum, Ronald) |
| Filing 22 MOTION for John J. McGowan, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21202291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dolce International/San Jose, LLC. (Attachments: #1 Affidavit of John J. McGowan, Jr. in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Ohio, #3 Text of Proposed Order).(McGowan, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for John J. McGowan, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21202291. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 21 NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of Dolce International/San Jose, LLC..(Sheikh, Saima) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Dolce International/San Jose, LLC waiver sent on 8/7/2020, answer due 10/6/2020. Document filed by Unite Here Retirement Fund; Trustees of Unite Here Retirement Fund..(Josem, William) |
| Filing 19 EXHIBIT TO PLEADING re: #18 Amended Complaint,. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William) Modified on 8/5/2020 (pne). Modified on 8/5/2020 (jgo). |
| Filing 18 FIRST AMENDED COMPLAINT amending #1 Complaint against City Of San Jose, Dolce International/San Jose, LLC.Document filed by Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit).(Josem, William) |
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Filing 17
ORDER: granting #16 Motion to Amend/Correct #1 Complaint. ORDERED that the Motion for Leave to File Amended Complaint and To Join Additional Party is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file the First Amended Complaint within three (3) days of the entry of this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/04/2020) (ama)
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| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Amend/Correct Complaint and Add Additional Defendant. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Memorandum of Law, #5 Text of Proposed Order).(Josem, William) Modified on 8/14/2020 (lb). |
| Filing 15 MEMO ENDORSEMENT on re: #14 Proposed Case Management Plan filed by Unite Here Retirement Fund. ENDORSEMENT: Application GRANTED. The IPTC scheduled for July 24, 2020 is adjourned to August 28, 2020 at 10:00 a.m. The parties' joint letter is due by August 20, 2020. (Initial Conference set for 8/28/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/16/2020) (jwh) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Unite Here Retirement Fund. (Attachments: #1 Text of Proposed Order proposed case management plan).(Ehrenberg, Cassie) |
| Filing 13 NOTICE OF APPEARANCE by Andrew Claude Case on behalf of City Of San Jose..(Case, Andrew) |
| Filing 12 ANSWER to #1 Complaint. Document filed by City Of San Jose..(Blum, Ronald) |
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Filing 11
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties in the above-captioned action that the Defendant City of San Jose shall answer or otherwise respond to the Complaint on or before July 15, 2020. IT IS SO ORDERED., City Of San Jose answer due 7/15/2020. (Signed by Judge Valerie E. Caproni on 6/25/2020) (ama)
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Cassie Ehrenberg dated June 25, 2020 re: Stipulation to Extend Time to Answer or Otherwise Respond. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Ehrenberg, Cassie) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. City Of San Jose served on 6/9/2020, answer due 6/30/2020. Service was accepted by Reggie Robert, Mail Room Manager. Document filed by Unite Here Retirement Fund; Trustees of Unite Here Retirement Fund..(Josem, William) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference is adjourned to July 24, 2020 at 10:00 a.m. The parties' joint letter is due by July 16, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/02/2020) (ama)
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| Filing 7 LETTER MOTION for Extension of Time Joint Request to postpone upcoming initial conference scheduled for 6/12/2020 and related filings due 6/4/2020 addressed to Judge Valerie E. Caproni from Cassie Ehrenberg dated June 2, 2020. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. Return Date set for 6/3/2020 at 12:00 PM..(Ehrenberg, Cassie) |
| Set/Reset Deadlines:, Set/Reset Hearings:( Initial Conference set for 7/24/2020 at 10:00 AM before Judge Valerie E. Caproni.) (ama) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 12, 2020 at 11:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 3319. Counsel should submit their proposed case management plan and joint letter as outlined below, and as further set forth in this Order. So ordered. (Initial Conference set for 6/12/2020 at 11:30 AM before Judge Valerie E. Caproni). (Signed by Judge Valerie E. Caproni on 4/29/2020) (rjm)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to City Of San Jose..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Thomas. Josem. The party information for the following party/parties has been modified: Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund, City Of San Jose. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| Magistrate Judge Sarah Netburn 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of San Jose, re: #1 Complaint. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William) |
| Filing 2 CIVIL COVER SHEET filed..(Josem, William) |
| Filing 1 COMPLAINT against City Of San Jose. (Filing Fee $ 400.00, Receipt Number ANYSDC-19616940)Document filed by Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit).(Josem, William) |
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