Hilda Newborn v. Amgen USA Inc. et al
| Hilda Newborn |
| Amgen USA Inc and Does 1 through 10, Inclusive 4:26-cv-01054-P |
| 4:2026cv01054 |
| August 26, 2026 |
| U.S. District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Mark Pittman |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
Docket Report
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| Filing 27 Notice and Instruction to Pro Se Party (saw) |
| Filing 26 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate No magistrate judge assigned preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. All counsel and unrepresented parties are also reminded of the judge-specific requirement that they read and abide by (1) Dondi Properties Corp. v. Commerce Savings & Loan Assoc., 121 F.R.D. 284 (N.D. Tex. 1988);(2) the Local Civil Rules of the United States District Court for the Northern District of Texas;(3) the Texas Lawyers Creed;(4) the Texas Disciplinary Rules of Professional Conduct;and (5) Judge-Specific Requirements of Judge Pittman. (saw) |
| Filing 25 Case electronically transferred in from District of California Central; Case Number 2:26-cv-06169. Unless exempt under local rules of this court or JPML Rule 2.1(c), attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26, 27. NEF of 25 Wed Aug 26 12:48:10 CDT 2026 (crt) |
Filing 24
ORDER GRANTING AMGEN USA INC.'S MOTION UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(3) AND 28 U.S.C. SECTION 1406(a) by Judge Andre Birotte Jr.: The Court GRANTS Defendant's Motion to Dismiss #18 . According to Defendant, Defendant last employed Plaintiff in Roanoke, Texas, which is located in the Northern District of Texas. Accordingly, venue is not proper in this district but is proper in the Northern District of Texas. As Defendant points out, the Court may either dismiss this action for improper venue, or, in the interests of justice, transfer it to the proper venue. The Court concludes that the interests of justice favor transfer. The Clerk of Court is ORDERED to TRANSFER this action to the United States District Court for the Northern District of Texas. All currently-scheduled dates and deadlines are VACATED. (MD JS-6. Case Terminated) (gk) [Transferred from California Central on 8/26/2026.]
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| Filing 23 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction / Motion to Dismiss for Improper Venue #18 filed by Defendant Amgen USA Inc.. (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant Amgen USA Inc... (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 21 DECLARATION of Patrick T. Cain in Support of and in Compliance with Local Rule 7-3 re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction / Motion to Dismiss for Improper Venue #18 filed by Defendant Amgen USA Inc.. (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
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Filing 20
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: Defendants Motion to Dismiss (Dkt. No. #18 ) lacks a statement of compliance with Local Rule 7-3. The Court strictly enforces Local Rule 7-3 and will not resolve Defendants Motion until Defendant demonstrates compliance with Local Rule 7-3. Defendant must file a declaration of counsel by Tuesday August 4, 2026, stating whether Defendant complied with Local Rule 7-3. If Defendant did comply, the Motion will go forward as noticed. If Defendant did not comply, the Court will continue the Motion to give Defendant the opportunity to cure the lack of compliance. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (evc) TEXT ONLY ENTRY [Transferred from California Central on 8/26/2026.]
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Filing 19
ORDER SETTING SCHEUDLING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 8/28/2026 at 10:00 AM before Judge Andre Birotte Jr. (evc) [Transferred from California Central on 8/26/2026.]
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| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction / Motion to Dismiss for Improper Venue filed by Defendant Amgen USA Inc.. Motion set for hearing on 8/28/2026 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of Kimberly Ronneberg, #3 Exhibit A - Arbitration Agreement Signed, #4 Proposed Order, #5 Proof of Service) (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 17 PROOF OF SERVICE filed by plaintiff Hilda Newborn, of Order Granting Withdrawal of Counsel (Docket No. 16), Plaintiff served on 7/21/2026. (Villarreal, Elizabeth) [Transferred from California Central on 8/26/2026.] |
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Filing 16
ORDER GRANTING REQUEST FOR APPROVAL OF WITHDRAWAL OF COUNSEL by Judge Andre Birotte Jr.: The Court APPROVES the request for substitution or withdrawal of counsel #12 and ORDERS that Elizabeth Villarreal and Joshua White of Laurel Employment Law are relieved as counsel for Plaintiff. Upon Plaintiff's counsel serving notice of this order on Plaintiff, counsel shall be relieved and Plaintiff shall thereafter represent herself in pro per. (gk) [Transferred from California Central on 8/26/2026.]
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| Filing 15 NOTICE OF LODGING filed re Proposed Order Granting Request for Withdrawal of Counsel re Notice (Other) #12 (Attachments: #1 Proposed Order Granting Request for Withdrawal of Counsel)(Villarreal, Elizabeth) [Transferred from California Central on 8/26/2026.] |
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Filing 14
ORDER GRANTING STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE by Judge Andre Birotte Jr.: The Court APPROVES the parties' Stipulation #11 and EXTENDS the deadline for Defendant Amgen USA Inc., to respond to Plaintiff's Complaint to 7/24/2026. (gk) [Transferred from California Central on 8/26/2026.]
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| Filing 13 NOTICE TO FILER OF DEFICIENCIES RE PLAINTIFF'S REQUEST FOR APPROVAL OF WITHDRAWAL OF COUNSEL #12 by Judge Andre Birotte Jr.: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency(ies) has been found with your electronically filed document: Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice IMMEDIATELY. As required by Local Rule 5-4.4 and Local Criminal Rule 49-1.3.2(c), and the Judges procedures and schedules, please provide the proposed order in Word and the PDF of the filed documents (i.e., the stipulation, request, ex parte, etc.) to the Judges chambers email at [email protected] as soon as possible. This procedure should have been done through CM/ECF under the category "Proposed Orders" after you docketed your document. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (evc) TEXT ONLY ENTRY [Transferred from California Central on 8/26/2026.] |
| Filing 12 Notice of Request for Approval of Withdrawal of Counsel filed by plaintiff Hilda Newborn. (Villarreal, Elizabeth) [Transferred from California Central on 8/26/2026.] |
| Filing 11 Joint STIPULATION for Extension of Time to File Answer to July 24, 2026 re Complaint - (Discovery) filed by Defendant Amgen USA Inc.. (Attachments: #1 Declaration of Patrick T. Cain, #2 Proposed Order)(Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 10 Second STIPULATION Extending Time to Answer the complaint as to Amgen USA Inc. answer now due 7/10/2026, re Complaint - (Discovery) filed by Defendant Amgen USA Inc..(Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 9 Notice of Civil Standing Order filed by Defendant Amgen USA Inc.. (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (evc) [Transferred from California Central on 8/26/2026.]
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (mza) [Transferred from California Central on 8/26/2026.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mza) [Transferred from California Central on 8/26/2026.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge A. Joel Richlin. (mza) [Transferred from California Central on 8/26/2026.] |
| Filing 4 Joint STIPULATION Extending Time to Answer the complaint as to filed by Defendant Amgen USA Inc..(Attorney Alok K Gupta added to party Amgen USA Inc.(pty:dft))(Gupta, Alok) [Transferred from California Central on 8/26/2026.] |
| CONFORMED COPY OF COMPLAINT against Defendants Amgen USA Inc., Does. Jury Demanded., filed by Plaintiff Hilda Newborn. [FILED IN STATE COURT 5/4/26. SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (mza) [Transferred from California Central on 8/26/2026.] |
| Filing 3 Certification of Interested Parties and Disclosure Statement in Compliance With FRCP 7.1 and Local Rule 7.1-1 / CERTIFICATE of Interested Parties filed by Defendant Amgen USA Inc., (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Amgen USA Inc.. (Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
| Filing 1 NOTICE OF REMOVAL from Ventura Superior Court, case number 2026CUOE065704 Receipt No: ACACDC-42475653 - Fee: $405, filed by Defendant Amgen USA Inc.. (Attachments: #1 Exhibit A - Complaint (Conformed), #2 Exhibit B - Other State Court Docs, #3 Exhibit C - Orders Notices by Court, #4 Declaration of Patrick T. Cain) (Attorney Patrick Thomas Cain added to party Amgen USA Inc.(pty:dft))(Cain, Patrick) [Transferred from California Central on 8/26/2026.] |
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