Mowry v. Oracle America, Inc.

Plaintiff: Mary E. Mowry
Defendant: Oracle America, Inc.
Case Number: 3:2019cv00123
Filed: March 12, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: David Keesler
Referring Judge: Frank D Whitney
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000e
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2019 Filing 38 NOTICE of Appearance by Nicole Katherine Haynes on behalf of Mary E. Mowry (Haynes, Nicole)
March 19, 2019 Notice to Kathleen M. Lucas: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/26/2019. (mga)
March 19, 2019 Opinion or Order Filing 37 ORDER granting #36 Motion for Leave to Appear Pro Hac Vice. Ms. Kathleen M. Lucas is hereby admitted pro hac vice to represent Plaintiff Mary E. Mowry. Signed by Magistrate Judge David Keesler on 3/19/19. (mga)
March 18, 2019 Filing 36 MOTION for Leave to Appear Pro Hac Vice as to Kathleen M. Lucas Filing fee $ 281, receipt number 0419-3970578. by Mary E. Mowry. (Van Kampen, Joshua). Motions referred to David Keesler.
March 18, 2019 Filing 35 NOTICE of Appearance by Joshua Reed Van Kampen on behalf of All Plaintiffs (Van Kampen, Joshua)
March 18, 2019 Filing 34 NOTICE of Appearance by Carl M. Short, III on behalf of Oracle America, Inc. (Short, Carl)
March 18, 2019 Filing 33 Amended Certificate of Service by Oracle America, Inc. re #32 Notice of Substitution of Counsel (Tisdale, H.) Modified duplicate text on 3/19/2019 (jaw).
March 18, 2019 Filing 32 Notice of Substitution of Counsel by H. Bernard Tisdale, III on behalf of Oracle America, Inc., Attorney Lisa Hamasaki and Michael Derrick Wilson terminated. (Tisdale, H.)
March 12, 2019 Notice to Kathleen M. Lucas, Alisha Shamim Meyer, Lisa Hamasaki, Michael Derrick Wilson: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 3/19/2019. (rth)
March 12, 2019 Set/Reset Deadlines: Oracle America, Inc. answer due 3/26/2019. (rth)
March 12, 2019 Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth)
March 12, 2019 Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
March 12, 2019 Filing 31 Case transferred in from District of California Northern; Case Number 3:18-cv-07028. Original electronic file and docket sheet received.
March 12, 2019 Case electronically transferred to the Western District of North Carolina. (fabS, COURT STAFF) (Filed on 3/12/2019) [Transferred from California Northern on 3/12/2019.]
March 12, 2019 Opinion or Order Filing 30 Order by Judge Vince Chhabria granting #9 Motion to Dismiss or Transfer.(knm, COURT STAFF) (Filed on 3/12/2019) [Transferred from California Northern on 3/12/2019.]
March 7, 2019 Filing 29 CLERK'S NOTICE VACATING THE INITIAL CASE MANAGEMENT CONFERENCE SCHEDULED FOR 3/12/2019. The Court will reset the date for the CMC, if necessary, after the ruling on the Motion to Dismiss, or in the Alternative to Transfer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 3/7/2019) [Transferred from California Northern on 3/12/2019.]
March 7, 2019 Filing 28 STIPULATION WITH PROPOSED ORDER re Protective Order for Standard Litigation filed by Oracle America, Inc.. (Attachments: #1 Redline Comparison)(Hamasaki, Lisa) (Filed on 3/7/2019) [Transferred from California Northern on 3/12/2019.]
March 5, 2019 Filing 27 JOINT CASE MANAGEMENT STATEMENT & RULE 26(f) REPORT filed by Mary E. Mowry. (Lucas, Kathleen) (Filed on 3/5/2019) [Transferred from California Northern on 3/12/2019.]
March 4, 2019 Filing 26 CLERK'S NOTICE vacating the hearing scheduled for 3/7/2019 re #9 Motion to Dismiss. The Court will issue a written ruling based on the parties' submissions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 3/4/2019) [Transferred from California Northern on 3/12/2019.]
February 25, 2019 Reset Deadlines as to #9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a). Motion Hearing set for 3/7/2019 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 2/25/2019) [Transferred from California Northern on 3/12/2019.]
February 8, 2019 Filing 25 REPLY (re #9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a) ) filed byOracle America, Inc.. (Attachments: #1 Declaration of Prince Varma, #2 Declaration of Dawn Capriotti, #3 Exhibit A to the Declaration of Dawn Capriotti, #4 Exhibit B to the Declaration of Dawn Capriotti)(Hamasaki, Lisa) (Filed on 2/8/2019) [Transferred from California Northern on 3/12/2019.]
February 7, 2019 Filing 24 Notice of Withdrawal of Motion RE: DEFENDANT ORACLE AMERICA, INC.S WITHDRAWAL OF ERRONEOUSLY FILED AMENDED MOTION (DOCKET NO. 17) (Hamasaki, Lisa) (Filed on 2/7/2019) [Transferred from California Northern on 3/12/2019.]
February 6, 2019 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lucas, Kathleen) (Filed on 2/6/2019) [Transferred from California Northern on 3/12/2019.]
February 4, 2019 Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hamasaki, Lisa) (Filed on 2/4/2019) [Transferred from California Northern on 3/12/2019.]
February 4, 2019 Opinion or Order Filing 21 Order by Judge Vince Chhabria granting #19 Stipulation Continuing the Initial Case Management Conference Until After Hearing on Motion to Dismiss. Case Management Statement due by 3/5/2019. Initial Case Management Conference set for 3/12/2019 01:30 PM in San Francisco, Courtroom 04, 17th Floor.(knm, COURT STAFF) (Filed on 2/4/2019) [Transferred from California Northern on 3/12/2019.]
February 1, 2019 Filing 20 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a) ) filed byMary E. Mowry. (Attachments: #1 Declaration Of Mary E. Mowry, #2 Exhibit A to the Declaration of Mary E. Mowry, #3 Exhibit B to the Declaration of Mary E. Mowry, #4 Exhibit C to the Declaration of Mary E. Mowry, #5 Exhibit D to the Declaration of Mary E. Mowry, #6 Exhibit E to the Declaration of Mary E. Mowry, #7 Exhibit F to the Declaration of Mary E. Mowry, #8 Exhibit G to the Declaration of Mary E. Mowry)(Lucas, Kathleen) (Filed on 2/1/2019) [Transferred from California Northern on 3/12/2019.]
February 1, 2019 Filing 19 STIPULATION WITH PROPOSED ORDER CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE UNTIL AFTER HEARING ON MOTION TO DISMISS filed by Oracle America, Inc.. (Wilson, Michael) (Filed on 2/1/2019) [Transferred from California Northern on 3/12/2019.]
January 31, 2019 Filing 18 Renotice motion hearing re #9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a) Defendant's Amended Notice of Motion and Motion to Dismiss for Improper Venue, or in the Alternative, Motion to Transfer Venue filed byOracle America, Inc.. (Related document(s) #9 ) (Hamasaki, Lisa) (Filed on 1/31/2019) [Transferred from California Northern on 3/12/2019.]
January 31, 2019 Filing 17 Amended MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in te Alternative, to Transfer Venue filed by Oracle America, Inc.. Motion Hearing set for 3/7/2019 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 2/14/2019. Replies due by 2/21/2019. (Hamasaki, Lisa) (Filed on 1/31/2019) Modified on 1/31/2019 (ddkS, COURT STAFF). [Transferred from California Northern on 3/12/2019.]
January 30, 2019 Filing 16 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 1/30/2019) [Transferred from California Northern on 3/12/2019.]
January 30, 2019 Filing 15 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 2/12/2019. Initial Case Management Conference set for 2/19/2019 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 1/30/2019) [Transferred from California Northern on 3/12/2019.]
January 29, 2019 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 1/29/19. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/29/2019) [Transferred from California Northern on 3/12/2019.]
January 28, 2019 Filing 13 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. (mklS, COURT STAFF) (Filed on 1/28/2019) [Transferred from California Northern on 3/12/2019.]
January 28, 2019 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Oracle America, Inc... (Hamasaki, Lisa) (Filed on 1/28/2019) [Transferred from California Northern on 3/12/2019.]
January 22, 2019 Filing 11 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 1/29/2019. 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. (mklS, COURT STAFF) (Filed on 1/22/2019) [Transferred from California Northern on 3/12/2019.]
January 18, 2019 Filing 10 Request for Judicial Notice in Support of re #9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a) filed by Oracle America, Inc.. (Related document(s) #9 ) (Hamasaki, Lisa) (Filed on 1/18/2019) [Transferred from California Northern on 3/12/2019.]
January 18, 2019 Filing 9 NOTICE OF MOTION & MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 28 Section 1406(a) and/or Section 1404(a) filed by Oracle America, Inc.. Motion Hearing set for 3/4/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 2/1/2019. Replies due by 2/8/2019. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of D. Capriotti, #3 Declaration of P. Varma, #4 Declaration of K. Buddhadev, #5 Proposed Order)(Hamasaki, Lisa) (Filed on 1/18/2019) [Transferred from California Northern on 3/12/2019.]
January 18, 2019 Filing 8 Corporate Disclosure Statement and Certification of Interested Entities filed by Oracle America, Inc. identifying Corporate Parent Oracle Corporation for Oracle America, Inc.. (Hamasaki, Lisa) (Filed on 1/18/2019) [Transferred from California Northern on 3/12/2019.]
January 7, 2019 Filing 7 CERTIFICATE OF SERVICE by Mary E. Mowry (Lucas, Kathleen) (Filed on 1/7/2019) [Transferred from California Northern on 3/12/2019.]
December 3, 2018 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mary E. Mowry.. (Lucas, Kathleen) (Filed on 12/3/2018) [Transferred from California Northern on 3/12/2019.]
November 20, 2018 Filing 5 Summons Issued as to Oracle America, Inc.(rcsS, COURT STAFF) (Filed on 11/20/2018) [Transferred from California Northern on 3/12/2019.]
November 20, 2018 Filing 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/4/2018. (as, COURT STAFF) (Filed on 11/20/2018) [Transferred from California Northern on 3/12/2019.]
November 19, 2018 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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. Case Management Statement due by 2/ 18/2019. Initial Case Management Conference set for 2/25/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (rcsS, COURT STAFF) (Filed on 11/19/2018) [Transferred from California Northern on 3/12/2019.]
November 19, 2018 Filing 2 Proposed Summons. (Lucas, Kathleen) (Filed on 11/19/2018) [Transferred from California Northern on 3/12/2019.]
November 19, 2018 Filing 1 COMPLAINT for Employment Discrimination, Harassment and Retaliation and for Injunctive Relief; Demand for Jury Trial against Oracle America, Inc., (Filing Fee: $400.00, receipt number 0971-12861443). Filed by Mary E Mowry. (Attachments: #(1) Civil Cover Sheet)(Lucas, Kathleen) (Filed on 11/19/2018) [Transferred from California Northern on 3/12/2019.]

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Defendant: Oracle America, Inc.
Represented By: Lisa Hamasaki
Represented By: Michael Derrick Wilson
Represented By: H. Bernard Tisdale, III
Represented By: Carl M. Short, III
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Plaintiff: Mary E. Mowry
Represented By: Kathleen M. Lucas
Represented By: Alisha Shamim Meyer
Represented By: Nicole Katherine Haynes
Represented By: Joshua Reed Van Kampen
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