Dormoy v. HireRight, LLC et al
| Edwin Agustin Dormoy |
| HireRight, LLC, Lyft, Inc. and Uber Technologies Inc. |
| 3:2023cv00838 |
| August 10, 2023 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Aleta A Trauger |
| Consumer Credit |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 59
ORDER: Having reviewed the foregoing Notice of Dismissal, and for good cause appearing, the Court hereby grants DEFENDANT, UBER TECHNOLOGIES, INC.'s Dismissal with Prejudice. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 9/14/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 58 NOTICE by Uber Technologies Inc. / NOTICE OF DISMISSAL (Stevens, C.) |
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Filing 57
ORDER: Having reviewed the foregoing stipulation, and for good cause appearing, the Court hereby grants the Parties' Joint Stipulation for Dismissal with Prejudice of Defendant Lyft, Inc. Each party shall bear its own costs and fees. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 9/11/2023. (af)
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| Filing 56 STIPULATION of Dismissal (Joint Stipulation for Dismissal with Prejudice) by Lyft, Inc.. (Attachments: #1 Attachment Proposed Order)(Parasharami, Archis) |
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Filing 55
ORDER: Having reviewed the foregoing stipulation, and for good cause appearing, the Court hereby grants the Parties' Joint Stipulation for Dismissal with Prejudice of Defendant HireRight, LLC. Each party shall bear its own costs and fees. Signed by District Judge Aleta A. Trauger on 8/16/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 8/17/2023 (mg).
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| Filing 54 STIPULATION of Dismissal with Proposed Order by HireRight, LLC. (Papianou, John) |
| Filing 53 NOTICE of Initial Case Management Conference set for 1/22/2024 at 01:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (mg) Modified on 8/14/2023 (mg). |
| Filing 52 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 51 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| CA State Bar status verified as active for Devin Heng Fok, Ainat Kiewe, Tomio Buck Narita, Leanne C. Yu, Rod M. Fliegel, Caitlin Emmett not admitted to this court - Local counsel required. (mg) |
| D.C. Bar status verified as active for Archis Ashok Parasharami admitted to this court - Local counsel required. (mg) |
| PA State Bar status verified as active for John George Papianou, Leah Achor Tedford not admitted to this court - Local counsel required. (mg) |
| NOTICE TO COUNSEL Devin Heng Fok, Ainat Kiewe, Tomio Buck Narita, Leanne C. Yu, John George Papianou, Leah Achor Tedford, Daniel Edward Jones, Archis Ashok Parasharami, Rod M. Fliegel, Caitlin Emmett: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 9/5/2023. (mg) |
| NOTICE TO COUNSEL Devin Heng Fok, Ainat Kiewe, Tomio Buck Narita, Leanne C. Yu, John George Papianou, Leah Achor Tedford, Daniel Edward Jones, Rod M. Fliegel, Caitlin Emmett: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/5/2023. (mg) |
| D.C. Bar status verified as active for Daniel Edward Jones not admitted to this court - Local counsel required. (mg) |
| Filing 50 Case transferred in from the District of California Northern; Case Number 3:23-cv-02511. Original file certified copy of transfer order and docket sheet received. |
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Filing 49
ORDER by Judge Edward M. Chen re #20 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 8/9/2023) [Transferred from California Northern on 8/10/2023.]
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Filing 47
ORDER by Judge Edward M Chen GRANTING #42 Motion for Pro Hac Vice Daniel E. Jones. (jlg, COURT STAFF) (Filed on 8/3/2023) [Transferred from California Northern on 8/10/2023.]
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| Filing 46 Letter Brief re #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) filed byHireRight, LLC. (Attachments: #1 Exhibit A)(Related document(s) #20 ) (Papianou, John) (Filed on 7/31/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 45 Declaration of ROD FLIEGEL in Support of #43 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS filed byUber Technologies, Inc.. (Related document(s) #43 ) (Fliegel, Rod) (Filed on 7/28/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 44 Declaration of DEBORAH SOH in Support of #43 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS filed byUber Technologies, Inc.. (Related document(s) #43 ) (Fliegel, Rod) (Filed on 7/28/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 43 MOTION to Compel ARBITRATION AND STAY PROCEEDINGS filed by Uber Technologies, Inc.. Motion Hearing set for 9/21/2023 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Responses due by 8/11/2023. Replies due by 8/18/2023. (Attachments: #1 Proposed Order, #2 Supplement Memorandum of Points and Authorities ISO Motion to Compel Arb and Stay Proceedings)(Fliegel, Rod) (Filed on 7/28/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 48 Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 7/27/2023 re #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6). Total Time in Court: 3:38-3:54 16 Minutes. Court Reporter: Scot Coniam. (jlg, COURT STAFF) (Date Filed: 7/27/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 42 MOTION for leave to appear in Pro Hac Vice of Daniel E. Jones ( Filing fee $ 317, receipt number ACANDC-18472374.) filed by Lyft, Inc.. (Attachments: #1 Certificate of Good Standing)(Jones, Daniel) (Filed on 7/21/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 41 STIPULATION to Further Extend Time to Respond to the Complaint filed by Lyft, Inc. and Edwin Agustin Dormoy. (Parasharami, Archis) (Filed on 7/20/2023) Modified on 7/26/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
| Filing 40 CLERK'S NOTICE SCHEDULING MOTION HEARING. Motion Hearing as #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) set for 7/27/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 7/10/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 39 CLERK'S NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE. You are notified that the Court has scheduled an Initial Case Management Conference before Judge Edward M. Chen upon reassignment. For a copy of Judge Chens Standing Orders and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 9/19/2023. Initial Case Management Conference set for 9/26/2023, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 7/10/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 38 Corporate Disclosure Statement by Uber Technologies, Inc. (Fliegel, Rod) (Filed on 6/29/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 37 REPLY (re #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) ) filed byHireRight, LLC. (Attachments: #1 Exhibit A (Supplemental Declaration), #2 Exhibit B)(Yu, Leanne) (Filed on 6/27/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 36 SECOND STIPULATION to Extend Time for Defendant Uber Technologies, Inc. to File a Responsive Pleading filed by Uber Technologies, Inc. and Edwin Agustin Dormoy. (Fliegel, Rod) (Filed on 6/22/2023) Modified on 6/23/2023 (jml, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
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Filing 35
Order by Judge Edward M. Chen granting #33 Motion for Pro Hac Vice as to Leah A. Tedford. (jlg, COURT STAFF) (Filed on 6/22/2023) [Transferred from California Northern on 8/10/2023.]
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Filing 34
Order by Judge Edward M. Chen granting #32 Motion for Pro Hac Vice as to John George Papianou. (jlg, COURT STAFF) (Filed on 6/22/2023) [Transferred from California Northern on 8/10/2023.]
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| Filing 33 MOTION for leave to appear in Pro Hac Vice of Leah A. Tedford ( Filing fee $ 317, receipt number ACANDC-18382339.) filed by HireRight, LLC. (Attachments: #1 Certificate of Good Standing)(Tedford, Leah) (Filed on 6/22/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 32 MOTION for leave to appear in Pro Hac Vice of John G. Papianou ( Filing fee $ 317, receipt number ACANDC-18381889.) filed by HireRight, LLC. (Attachments: #1 Certificate of Good Standing)(Papianou, John) (Filed on 6/22/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 31 STIPULATION to Further Extend Time to Respond to Complaint filed by Lyft, Inc. and Edwin Agustin Dormoy. (Parasharami, Archis) (Filed on 6/20/2023) Modified on 6/21/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
| Filing 30 STIPULATION WITH PROPOSED ORDER re #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6), #26 Opposition/Response to Motion and to Extend Deadline to File Reply filed by HireRight, LLC and Edwin Agustin Dormoy. (Attachments: #1 Declaration)(Yu, Leanne) (Filed on 6/16/2023) Modified on 6/20/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M Chen for all further proceedings. Chief Magistrate Judge Donna M. Ryu 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 The Clerk on 6/16/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 6/16/2023) Modified on 6/16/2023 (bar, COURT STAFF). [Transferred from California Northern on 8/10/2023.]
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| Filing 28 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. (ig, COURT STAFF) (Filed on 6/15/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 27 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Edwin Agustin Dormoy.. (Fok, Devin) (Filed on 6/14/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 26 OPPOSITION/RESPONSE (re #20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) ) filed byEdwin Agustin Dormoy. (Fok, Devin) (Filed on 6/13/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 25 SECOND CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Defendant HireRight, LLC has filed a Motion to Dismiss for Lack of Jurisdiction and a hearing has been scheduled for 7/13/2023 01:00 PM. Pursuant to 28 U.S.C. section 636, the magistrate judge cannot decide this motion unless all parties consent to proceed before Judge Donna M. Ryu. Plaintiff shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 6/16/2023. (ig, COURT STAFF) (Filed on 6/9/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HireRight, LLC.. (Yu, Leanne) (Filed on 6/6/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lyft, Inc... (Parasharami, Archis) (Filed on 6/6/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Uber Technologies, Inc... (Emmett, Caitlin) (Filed on 6/6/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 21 CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 6/7/2023. (ig, COURT STAFF) (Filed on 5/31/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) and Failure to State a Claim Under Rule 12(b)(6) filed by HireRight, LLC. Motion Hearing set for 7/13/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 6/13/2023. Replies due by 6/20/2023. (Attachments: #1 Declaration of Quinn Piper, #2 Proposed Order)(Yu, Leanne) (Filed on 5/30/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 19 STIPULATION to Extend Time to Respond to Complaint filed by Lyft, Inc and Edwin Agustin Dormoy. (Parasharami, Archis) (Filed on 5/30/2023) Modified on 5/31/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
| Filing 18 CORRECTED 17 CLERK'S NOTICE Re: Docket No. #16 : Pursuant to Civil Local Rule 6-1(a), parties may stipulate to extend the time within which to answer or otherwise respond to the complaint without a court order provided the change will not alter the date of any event or any deadline already fixed by Court order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/30/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 17 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #16 . Your filing does not include a proposed order. Counsel is directed to re-file the filing accompanied by a proposed order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/30/2023) [Transferred from California Northern on 8/10/2023.] |
| *** #16 - Joint Stipulation and (Proposed) Order to Extend Time to Respond to Complaint Terminated, See Docket No. 18 .*** (ndr, COURT STAFF) (Filed on 5/30/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 16 STIPULATION WITH PROPOSED ORDER - Joint Stipulation and (Proposed) Order to Extend Time to Respond to Complaint filed by Lyft, Inc. and Edwin Agustin Dormoy. (Parasharami, Archis) (Filed on 5/26/2023) Modified on 5/30/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
| Filing 15 CERTIFICATE OF SERVICE by Lyft, Inc. re #6 Notice (Other) -Declaration of Proof of Service via U.S. Mail - (Parasharami, Archis) (Filed on 5/26/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 14 NOTICE of Appearance by Caitlin Emmett (Emmett, Caitlin) (Filed on 5/25/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 13 STIPULATION TO EXTEND TIME FOR DEFENDANT UBER TECHNOLOGIES INC. TO FILE A RESPONSIVE PLEADING filed by Uber Technologies, Inc. and Edwin Agustin Dormoy (Fliegel, Rod). (Filed on 5/25/2023) Modified on 5/26/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
| Filing 12 NOTICE of Appearance by Rod M. Fliegel (Fliegel, Rod) (Filed on 5/25/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 11 CERTIFICATE OF SERVICE by HireRight, LLC re #1 Notice of Removal, (Yu, Leanne) (Filed on 5/24/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 10 CERTIFICATE OF SERVICE by Uber Technologies, Inc. re #8 Joinder in Notice of Removal of Action (Emmett, Caitlin) (Filed on 5/24/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 9 NOTICE of Appearance by Archis Ashok Parasharami (Amended) (Parasharami, Archis) (Filed on 5/24/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 8 Joinder in Notice of Removal of Action by Uber Technologies, Inc.. (Fliegel, Rod) (Filed on 5/24/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/23/2023. Initial Case Management Conference set for 8/30/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jrs, COURT STAFF) (Filed on 5/24/2023)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 8/10/2023.] |
| #Electronic filing error. Information listed in ECF is inconsistent with information shown on Pleading. Please clarify. Re: #4 Notice of Appearance filed by Lyft, Inc. (jrs, COURT STAFF) (Filed on 5/24/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 6 NOTICE by Lyft, Inc. re #1 Notice of Removal, - Notice of Consent to Notice of Removal - (Parasharami, Archis) (Filed on 5/23/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 5 Corporate Disclosure Statement by Lyft, Inc. (Parasharami, Archis) (Filed on 5/23/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 4 NOTICE of Appearance by Archis Ashok Parasharami (Parasharami, Archis) (Filed on 5/23/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 3 Rule 7.1 Disclosures by HireRight, LLC identifying Corporate Parent Corporate Risk Holdings, LLC, Corporate Parent HireRight Holdings Corporation for HireRight, LLC. (Yu, Leanne) (Filed on 5/23/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 2 Case assigned to Chief Magistrate Judge Donna M. Ryu. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/6/2023. (bar, COURT STAFF) (Filed on 5/23/2023) [Transferred from California Northern on 8/10/2023.] |
| Filing 1 NOTICE OF REMOVAL (with Jury Demand, No Process) from San Francisco Superior Court. Their case number is CGC-23-605299. (Filing fee $402 receipt number ACANDC-18291547). Filed by HireRight, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Yu, Leanne) (Filed on 5/23/2023) Modified on 5/24/2023 (jrs, COURT STAFF). [Transferred from California Northern on 8/10/2023.] |
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