Cervantes v. Chipotle Services LLC (5:15-cv-01965), California Northern District Court

California Northern District Court
Judge:Vince Chhabria
Case #: 5:15-cv-01965
Nature of Suit442 Civil Rights - Employment
Cause28:1332 Diversity-Petition for Removal
Case Filed:May 01, 2015
Last checked: Wednesday Oct 28, 2015 9:32 AM PDT
Defendant
Chipotle Services LLC
Represented By
Allison Dodd
Messner Reeves
contact info
Charles C. Cavanagh
Messner Reeves
contact info
Mediator
John E. F. DiNapoli
DiNapoli & Sibley 10 Almaden Blvd., Suite 1250
San Jose, CA 95113
Plaintiff
Laura Cervantes
Represented By
William Lucas Marder
Polaris Law Group, LLP
contact info


Docket last updated: 23 minutes ago
Thursday, November 03, 2016
41 41 order Order Reassigning Case ~Util - Case Assigned/Reassigned Thu 11/03 5:09 PM
ORDER REASSIGNING CASE. Case Reassigned to Judge Hon. Vince Chhabria. Judge Hon. Ronald M. Whyte no longer assigned to the case. Signed by Judge Executive Committee on 11/3/2016. (sp, COURT STAFF) (Filed on 11/3/2016)
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Thursday, October 27, 2016
40 40 misc Sealed Transcript Thu 10/27 12:26 AM
Sealed Transcript of Proceedings held on 10/14/2016, before Magistrate Judge Howard R. Lloyd. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, Telephone number (415) 722-7045; email: leomank@gmail.com. FTR 12:31 p.m. - 12:38 p.m. = 7 minutes. Per General Order No. 59 and Judicial Conference policy,any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 11/14/2016. Redacted Transcript Deadline set for 11/25/2016. (Mankiewicz, Leo) (Filed on 10/27/2016)
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Monday, October 24, 2016
39 39 order Order Mon 10/24 4:13 PM
ORDER. Signed by Judge Phyllis J. Hamilton on 10/24/2016. (tsh, COURT STAFF) (Filed on 10/24/2016)
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Wednesday, October 19, 2016
38 38 misc Transcript Order - CJA Wed 10/19 9:41 AM
TRANSCRIPT ORDER - CJA for Court Reporter FTR - San Jose. (Cavanagh, Charles) (Filed on 10/19/2016)
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Friday, October 14, 2016
37 37 minutes Settlement Conference Fri 10/14 3:52 PM
Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Settlement Conference held on 10/14/2016.Case settled. Terms confidential and recited on record. FTR Time FTR 12:31-12:38. Plaintiff Attorney Gary Clifford and William Marder. Defendant Attorney Allison Dodd. This is a text only Minute Entry (pmc, COURT STAFF) (Date Filed: 10/14/2016)
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Tuesday, October 11, 2016
36 36 order Order on Motion for Partial Summary Judgment Tue 10/11 9:56 AM
ORDER by Judge Ronald M. Whyte granting as unopposed 31 Motion for Partial Summary Judgment. (rmwlc1, COURT STAFF) (Filed on 10/11/2016)
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Friday, October 07, 2016
35 35 misc Statement Fri 10/07 9:51 AM
Settlement Conference Statement by Laura Cervantes. (Clifford, Gary) (Filed on 10/7/2016) Modified on 10/7/2016 (bwS, COURT STAFF)
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Friday, September 23, 2016
34 34 notice Notice (Other) Fri 09/23 11:25 AM
NOTICE OF NON-OPPOSITION TO DEFENDANT CHIPOTLE SERVICES, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Laura Cervantes (Clifford, Gary) (Filed on 9/23/2016) Modified on 9/23/2016 (bwS, COURT STAFF)
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33 33 notice Notice of Change In Counsel Fri 09/23 11:23 AM
NOTICE OF CHANGE OF HANDLING ATTORNEY by Gary J Clifford (Clifford, Gary) (Filed on 9/23/2016) Modified on 9/23/2016 (bwS, COURT STAFF)
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Friday, September 09, 2016
32 32 oth_evt Clerk's Notice ~Util - Set Motion and Deadlines/Hearings Fri 09/09 11:43 AM
CLERK'S NOTICE CORRECTING TIME FOR OCTOBER 14, 2016 MOTION HEARING, correcting time as to31 MOTION for Partial Summary Judgment. 10/14/2016 Motion for Partial Summary Judgment is set for 9:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 9/9/2016)
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31 31 motion Partial Summary Judgment Fri 09/09 11:14 AM
MOTION for Partial Summary Judgment filed by Chipotle Services LLC. Motion Hearing set for 10/14/2016 08:30 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Responses due by 9/23/2016. Replies due by 9/30/2016.(Cavanagh, Charles) (Filed on 9/9/2016)
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Att: 1 9 pgs Memorandum of Points and Authorities in Support of Motion for Partial Summary Judgment,
Att: 2 Declaration of Justin Jabali in Support of Motion for Partial Summary Judgment,
Att: 3 Exhibit A to Jabali Declaration,
Att: 4 Declaration of Allison Dodd in Support of Motion for Summary Judgment,
Att: 5 Exhibit B to Dodd Declaration,
Att: 6 Exhibit C to Dodd Declaration,
Att: 7 Exhibit D to Dodd Declaration,
Att: 8 Proposed Order Granting Motion for Partial Summary Judgment
Tuesday, August 30, 2016
30 30 oth_evt Clerk's Notice Tue 08/30 3:08 PM
CLERK'S NOTICE of Settlement Conference and Order. Settlement Conference set for 10/14/2016 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 8/30/2016)
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Thursday, May 05, 2016
29 29 order Order Thu 05/05 2:07 PM
ORDER re 28 Proposed Order regarding Case Management Conference. Signed by Judge Ronald M. Whyte on 5/5/2016. (amkS, COURT STAFF) (Filed on 5/5/2016)
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28 28 misc Proposed Order Thu 05/05 12:30 PM
PROPOSED ORDER REGARDING CASE MANAGEMENT CONFERENCE re 27 by Chipotle Services LLC. (Cavanagh, Charles) (Filed on 5/5/2016) Modified on 5/5/2016 (bwS, COURT STAFF)
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Friday, April 29, 2016
27 27 minutes Case Management Conference - Further ~Util - Set Deadlines/Hearings ~Util - Set Scheduling Order Deadlines Mon 05/02 10:27 AM
Minute Entry for proceedings held before Hon. Ronald M. Whyte: Further Case Management Conference held on 4/29/2016. The following discovery deadlines were set: 15 Interrogatories per side; 3 Depositions per side from this date forward; Disclosure of experts due 8/1/2016; Non-Expert Discovery Cutoff AND Rebuttal Expert Disclosure due 9/1/2016; Expert Discovery Cutoff 10/3/2016. Last day to file dispositive motions due by 9/9/2016. Dispositive Motion Hearing set for 10/14/2016 at 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. A MANDATORY SETTLEMENT CONFERENCE IS TO BE HELD BEFORE MAGISTRATE JUDGE HOWARD R. LLOYD PRIOR TO THE FINAL PRETRIAL CONFERENCE. THE PARTIES ARE TO CONTACT MAGISTRATE LLOYD'S CHAMBERS TO SCHEDULE. Final Pretrial Conference set for 11/17/2016 at 02:00 PM in Courtroom 6, 4th Floor, San Jose. Jury Trial/Selection (est. 5 days) set for 12/12/2016 at 1:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. ALL PREVIOUS DATES ARE VACATED. Defendant is to prepare the order. Plaintiff Attorney: Gary Clifford. Defendant Attorney: Charles Cavanagh. Total Time in Court:10:52-11:00AM (8 Mins.) Court Reporter: None. This is a text only Minute Entry (amkS, COURT STAFF) (Date Filed: 4/29/2016)
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Tuesday, April 19, 2016
26 26 misc Joint Case Management Statement Tue 04/19 9:14 AM
SECOND JOINT CASE MANAGEMEN CONFERENCE STATEMENT AND [PROPOSED] ORDER filed by Chipotle Services LLC. (Cavanagh, Charles) (Filed on 4/19/2016) Modified on 4/19/2016 (bwS, COURT STAFF)
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Tuesday, February 09, 2016
25 25 oth_evt Clerk's Notice ~Util - Set Motion and Deadlines/Hearings Tue 02/09 4:42 PM
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/19/2016. Case Management Conference set for 4/29/2016 at 10:30 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 2/9/2016)
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24 24 order Order on Motion for Pro Hac Vice Tue 02/09 4:39 PM
ORDER Granting 13 Application for Pro Hac Vice as to Allison Dodd Counsel for Defendant Chipotle Services, LLC. NOTE: Order granted Nunc Pro Tunc as of 8/10/2015. Signed by Judge Ronald M. Whyte on 2/9/2016. (amkS, COURT STAFF) (Filed on 2/9/2016)
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Friday, December 18, 2015
adr Certification of Mediation Session Fri 12/18 2:23 PM
CERTIFICATION OF MEDIATION Session 12/16/2015, conducted by Mediator, John E.F. DiNapoli. Case not settled, mediation complete. (af, COURT STAFF) (Filed on 12/18/2015)
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Monday, November 02, 2015
utility Set/Reset Hearings Mon 11/02 10:26 AM
Set/Reset Hearing Mediation Hearing set for 12/16/2015 09:30 AM., at the law offices of DiNapoli & Sibley, Ten Almaden Boulevard Suite 1250, San Jose, CA 95113 (af, COURT STAFF) (Filed on 11/2/2015)
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Thursday, October 29, 2015
adr Pre MED phone conference Thu 10/29 12:53 PM
Pre MED phone conference scheduled on November 2, 2015, at 10:00 AM. Conferencing information was provided to the parties. (af, COURT STAFF) (Filed on 10/29/2015)
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Thursday, October 08, 2015
adr Pre MED phone conference Thu 10/08 3:22 PM
Pre MED phone conference scheduled on October 19, 2015 at 3:00 PM. (af, COURT STAFF) (Filed on 10/8/2015)
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Monday, September 28, 2015
23 23 adr ADR Clerk's Notice Appointing Mediator Mon 09/28 8:39 AM
ADR Clerk's Notice Appointing John E. F. DiNapoli as Mediator. (af, COURT STAFF) (Filed on 9/28/2015)
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Friday, September 11, 2015
22 22 order Order Mon 09/14 11:05 AM
CASE MANAGEMENT ORDER, granting 21 . Signed by Hon. Ronald M. Whyte on 9/11/2015. (ofr, COURT STAFF) (Filed on 9/11/2015)
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Tuesday, September 08, 2015
21 21 misc Proposed Order Tue 09/08 3:47 PM
Proposed Order Case Management by Laura Cervantes. (Marder, William) (Filed on 9/8/2015)
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Thursday, August 20, 2015
19 19 misc Joint Case Management Statement Thu 08/20 3:07 PM
JOINT CASE MANAGEMENT CONFERENCE STATEMENT; FED R CIV PRO 26(f) REPORT; AND (PROPOSED) ORDER filed by Laura Cervantes. (Marder, William) (Filed on 8/20/2015) Modified on 8/20/2015 (bwS, COURT STAFF)
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18 18 order Order on Motion to Appear by Telephone Thu 08/20 8:23 AM
ORDER GRANTING PLAINTIFF LAURA CERVANTES' REQUEST TO APPEAR TELEPHONICALLY AT AUGUST 28, 2015 CASE MANAGEMENT CONFERENCE by Hon. Ronald M. Whyte, granting 17 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 8/20/2015)
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Tuesday, August 18, 2015
17 17 motion Appear by Telephone Tue 08/18 4:48 PM
MOTION to Appear by Telephone filed by Laura Cervantes.(Marder, William) (Filed on 8/18/2015)
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Att: 1 Proposed Order on Request for Authorization to Appear Telephonically via Court Conference
16 16 notice Certificate of Interested Entities Tue 08/18 4:26 PM
Certificate of Interested Entities by Laura Cervantes (Marder, William) (Filed on 8/18/2015)
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Wednesday, August 12, 2015
15 15 motion Stipulation and Proposed Order selecting Mediation Wed 08/12 1:11 PM
STIPULATION and Proposed Order selecting Mediation by Laura Cervantes filed by Laura Cervantes. (Marder, William) (Filed on 8/12/2015)
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Tuesday, August 11, 2015
14 14 adr ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Tue 08/11 1:55 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Marder, William) (Filed on 8/11/2015)
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Monday, August 10, 2015
13 13 motion Pro Hac Vice Mon 08/10 3:31 PM
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9745905.) filed by Chipotle Services LLC.(Dodd, Allison) (Filed on 8/10/2015)
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Att: 1 Exhibit A - Certificate of Good Standing
12 12 adr ADR Clerk's Notice Mon 08/10 10:55 AM
ADR Clerk's Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 8/10/2015)
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Friday, July 24, 2015
11 11 order Order on Motion for Miscellaneous Relief Fri 07/24 9:56 AM
ORDER by Judge Ronald M. Whyte Granting 10 Motion for Administrative Relief Requesting Assignment of Case Management Conference. (jgS, COURT STAFF) (Filed on 7/24/2015)
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Tuesday, July 21, 2015
10 10 motion Miscellaneous Relief Tue 07/21 2:26 PM
MOTION FOR ADMINISTRATIVE RELIEF REQUESTING ASSIGNMENT OF CASE MANAGEMENT CONFERENCE filed by Laura Cervantes. Responses due by 8/4/2015. Replies due by 8/11/2015.(Marder, William) (Filed on 7/21/2015)
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Att: 1 Proposed Order
Tuesday, May 05, 2015
9 9 order Order Reassigning Case ~Util - Case Assigned/Reassigned Tue 05/05 11:47 AM
ORDER REASSIGNING CASE. Case reassigned to Hon. Ronald M. Whytefor all further proceedings. Magistrate Judge Howard R. Lloyd remains as the referral judge assigned to the case. Reassignment Order signed by Executive Committee on 5/5/2015. (bwS, COURT STAFF) (Filed on 5/5/2015)
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8 8 oth_evt Clerk's Notice of Impending Reassignment - Text Only Tue 05/05 11:08 AM
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. (pmc, COURT STAFF) (Filed on 5/5/2015)
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7 7 misc Consent/Declination to Proceed Before a US Magistrate Judge Tue 05/05 11:06 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Laura Cervantes.. (Marder, William) (Filed on 5/5/2015)
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6 6 misc Jury Demand Tue 05/05 11:05 AM
DEMAND for Trial by Jury by Laura Cervantes. (Marder, William) (Filed on 5/5/2015)
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Friday, May 01, 2015
5 5 order Initial Case Management Scheduling Order with ADR Deadlines Fri 05/01 3:08 PM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/11/2015. Case Management Conference set for 8/18/2015 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 5/1/2015)
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4 4 utility ~Util - Case Assigned by Intake Fri 05/01 12:59 PM
Case assigned to Magistrate Judge Howard R. Lloyd. 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. (as, COURT STAFF) (Filed on 5/1/2015)
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3 3 notice Notice (Other) Fri 05/01 11:27 AM
NOTICE by Chipotle Services LLC re1 Notice of Removal,,2 Certificate of Interested Entities (Cavanagh, Charles) (Filed on 5/1/2015)
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2 2 notice Certificate of Interested Entities Fri 05/01 11:22 AM
Certificate of Interested Entities by Chipotle Services LLC re1 Notice of Removal,, (Cavanagh, Charles) (Filed on 5/1/2015)
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1 1 cmp Notice of Removal Fri 05/01 11:17 AM
NOTICE OF REMOVAL from Santa Clara. Their case number is 115CV278797. (Filing fee $400 receipt number 0971-9488267). Filed byChipotle Services LLC.(Cavanagh, Charles) (Filed on 5/1/2015)
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Att: 1 Exhibit A to Notice of Removal,
Att: 2 Exhibit B to Notice of Removal,
Att: 3 Exhibit C to Notice of Removal,
Att: 4 Exhibit D to Notice of Removal,
Att: 5 Exhibit E to Notice of Removal,
Att: 6 Exhibit F to Notice of Removal,
Att: 7 Civil Cover Sheet,
Att: 8 Certificate/Proof of Service Certificate of Service of Notice to Plaintiff of Removal to Federal Court,
Att: 9 Certificate/Proof of Service