Flory v. Vestra Labs LLC et al

California Eastern District Court
Judge:	Kimberly J Mueller
Referred:	Stanley A Boone
Case #:	1:23-cv-00456
Nature of Suit	442 Civil Rights - Employment
Cause	28:1332 Diversity-Employment Discrimination

Case Filed:	Mar 29, 2023
Terminated:	Oct 17, 2024
Case in other court:	Superior Court of Calaveras County, 23CV46596

Last checked: Friday Oct 13, 2023 6:46 AM PDT

Defendant Vestra Labs LLC	Represented By Benjamin Michael Gipson Dla Piper LLP contact info Elias Parisca Dla Piper Llp Us contact info Ryan M. Estes Dla Piper Llp (us) contact info
Plaintiff Melissa Flory	Represented By Meghan N. Higday Melmed Law Group, P.C. contact info Jonathan Melmed Melmed Law Group P.C contact info

	GPO Jun 02 2023 ORDER to SHOW CAUSE Concerning Subject-Matter Jurisdiction signed by District Judge Ana de Alba on 6/1/2023. Show Cause Response due within Fourteen (14) Days. (Sant Agata, S)
	GPO Aug 17 2023 ORDER Advising Parties of Amendment of Local Rule and that if the Parties Wish to Have Case Stay Within the Current Fresno Court Division, they May Consent to Magistrate Judge Jurisdiction signed by District Judge Ana de Alba on 8/16/2023. 14-day deadline. (Lawrence, A)
	GPO Jun 11 2024 ORDER DENYING 14 Motion to Withdraw as Counsel for Defendant without Prejudice; Vacating Hearing Set for July 2, 2024; ORDER Directing Clerk of Court to Transfer Case to Sacramento Division for Reassignment under Amended Local Rule 120 signed by Magistrate Judge Stanley A. Boone on 06/10/2024.(Flores, E)
	GPO Oct 07 2024 ORDER signed by Senior District Judge Kimberly J. Mueller on 10/07/2024 DIRECTING counsel shall email a supplemental declaration, within 14 days, to the courtroom deputy, Mira Francel, for the court's in camera and confidential review. The declaration should explain the "specific facts giving rise to [the pending] motion," Renewed Mot. at 4, and defense counsel's efforts to avoid prejudice to their client. To be clear, the supplemental declaration should not be filed on the public docket. (Lopez, K)

Docket last updated: 10 hours ago

Thursday, October 17, 2024
31		31 order Minute Order ~Util - Terminate Civil Case Thu 10/17 1:40 PM MINUTE ORDER signed by Senior District Judge Kimberly J. Mueller on 10/17/2024:This action is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Stipulation of Voluntary Dismissal, ECF No.30 . Accordingly, all previously set deadlines and hearings are VACATED, and this case is CLOSED with each party to bear its own fees and costs. (Text Only Entry) (Francel, M.) Related: [-]
30		30 misc Stipulation and Proposed Order Thu 10/17 10:47 AM STIPULATION and PROPOSED ORDER for Dismissal Without Prejudice by Melissa Flory. (Higday, Meghan) Related: [-]
Monday, October 07, 2024
29		29 2 pgs order Order Mon 10/07 1:24 PM ORDER signed by Senior District Judge Kimberly J. Mueller on 10/07/2024 DIRECTING counsel shall email a supplemental declaration, within 14 days, to the courtroom deputy, Mira Francel, for the court's in camera and confidential review. The declaration should explain the "specific facts giving rise to [the pending] motion," Renewed Mot. at 4, and defense counsel's efforts to avoid prejudice to their client. To be clear, the supplemental declaration should not be filed on the public docket. (Lopez, K) Related: [-]
Wednesday, September 25, 2024
28		28 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion to Withdraw as Attorney Wed 09/25 12:36 PM MINUTE ORDER signed by Senior District Judge Kimberly J. Mueller on 9/25/2024: On the court's own motion and pursuant to Local Rule 230(g), Defendant's Motion to Withdraw as Attorney, ECF No.25 , is SUBMITTED without oral argument. Accordingly, the hearing date of 10/3/2024 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. Defendant's Request for Remote Appearance, ECF No.27 , is DENIED as MOOT. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 10/24/2024 is RESET for 12/19/2024 at 2:30 PM before Senior Judge Kimberly J. Mueller, with the filing of a Joint Status Report due fourteen (14) days prior. The December Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Francel, M.) Related: [-]
Tuesday, September 24, 2024
27		27 misc Request for Telephonic/Remote Appearance Tue 09/24 4:37 PM REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 10/3/2024 Motion to Withdraw as Counsel of Record hearing re25 Motion to Withdraw filed by Vestra Labs LLC by Vestra Labs LLC. (Estes, Ryan) Related: [-]
		Att: 1 Declaration of Ryan M. Estes,
		Att: 2 Proposed Order
Wednesday, September 04, 2024
26		26 order Minute Order ~Util - Set/Reset Motion Hearing Wed 09/04 1:58 PM MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/4/2024: Due to a schedule change and on the court's own motion, the Hearing as to the Motion to Withdraw as Counsel of Record for Defendant, ECF No.25 , set for 10/4/2024 is ADVANCED to 10/3/2024 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) Related: [-]
Thursday, August 08, 2024
25		25 motion Withdraw as Attorney Thu 08/08 10:32 AM MOTION to WITHDRAW as ATTORNEY by Vestra Labs LLC. Motion Hearing set for 10/4/2024 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Estes, Ryan) Related: [-]
		Att: 1 Declaration of Ryan M. Estes,
		Att: 2 Proof of Service
Thursday, June 13, 2024
24		24 misc Civil New Case Documents for KJM Thu 06/13 4:48 PM AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 10/24/2024 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Mena-Sanchez, L) Related: [-]
		Att: 1 Consent Form,
		Att: 2 VDRP
23		23 misc Clerk's Notice Reassigning Case Thu 06/13 4:46 PM CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney. The new case number is: 1:23-cv-00456-KJM-CKD. (Mena-Sanchez, L) Related: [-]
22		22 misc Consent/Decline of U.S. Magistrate Judge Jurisdiction Thu 06/13 8:44 AM CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Higday, Meghan) Related: [-]
Wednesday, June 12, 2024
21		21 misc Consent/Decline of U.S. Magistrate Judge Jurisdiction Wed 06/12 3:07 PM CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Estes, Ryan) Related: [-]
20		20 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Wed 06/12 12:39 PM MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief Magistrate Judge Carolyn K. Delaney on 6/12/2024: This case was removed on 3/29/2023. A review of the docket indicates that no Consent/Decline forms have yet been submitted. There is no obligation to consent, and no judge will be notified of a party's decision unless all parties have consented. See Fed. R. Civ. P. 73(b)(1). However, for proper case administration, each party must inform the Clerk of Court whether or not it consents to magistrate judge jurisdiction for all purposes. See ECF Nos. 2-2, 19-1. Therefore, no later than 6/26/2024, all parties SHALL file their Consent/Decline form. SO ORDERED. (Text Only Entry)(Kennison, L) Related: [-]
Tuesday, June 11, 2024
19		19 misc Civil New Case Documents for Magistrate as Presider Tue 06/11 3:33 PM AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; (Donati, J) Related: [-]
		Att: 1 Consent Form,
		Att: 2 VDRP
18		18 1 pgs misc Order Reassigning Case per LR 120 Tue 06/11 2:54 PM AMENDED ORDER by Chief Judge Kimberly J. Mueller: The Court having considered Amended Local Rule 120 (FRCP 3), hereby reassigns this case for all further proceedings. Case Reassigned to Magistrate Judge Carolyn K. Delaney. New Case Number: 1:23-cv-456 CKD. (Flores, E) Related: [-]
17		17 1 pgs misc Order Reassigning Case per LR 120 Tue 06/11 2:50 PM ORDER by Chief Judge Kimberly J. Mueller: The Court having considered Amended Local Rule 120 (FRCP 3), hereby reassigns this case for all further proceedings. Case Reassigned to Magistrate Judge Carolyn K. Delaney. New Case Number: 1:23-cv-00456 CKD. (Flores, E) Related: [-]
16		16 6 pgs order Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion to Withdraw as Attorney Tue 06/11 1:25 PM ORDER DENYING14 Motion to Withdraw as Counsel for Defendant without Prejudice; Vacating Hearing Set for July 2, 2024; ORDER Directing Clerk of Court to Transfer Case to Sacramento Division for Reassignment under Amended Local Rule 120 signed by Magistrate Judge Stanley A. Boone on 06/10/2024.(Flores, E) Related: [-]
Monday, May 06, 2024
15		15 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Mon 05/06 11:29 AM MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 05/06/2024: (Text Only Entry), The Motion to Withdraw as Attorney of Record (Doc. No.14 ) hearing currently set on 06/10/2024, is RESET to 07/02/2024 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone . (Nguyen, J) Related: [-]
Friday, May 03, 2024
14		14 motion Withdraw as Attorney Fri 05/03 3:11 PM MOTION to WITHDRAW as ATTORNEY of Record for Defendant Vestra Labs LLC; Memorandum of Points and Authorities In Support Thereof by Vestra Labs LLC. Motion Hearing set for 6/10/2024 at 01:30 PM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff.(Estes, Ryan) Related: [-]
		Att: 1 Declaration of Ryan M. Estes
Thursday, March 14, 2024
13		13 1 pgs misc Order Reassigning Newly Appointed District Judge Thu 03/14 10:48 AM ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Kirk E. Sherriff to the bench of the Eastern District of California, this action is reassigned from No District Court Judge (NODJ) to District Judge Kirk E. Sherriff for all further proceedings. All dates currently set in this reassigned action shall remain pending subject to further order of the court. (Maldonado, C) Related: [-]
		Att: 1 Standing Order
Friday, December 01, 2023
12		12 2 pgs misc Order Reassigning No District Court Judge (NODJ) Fri 12/01 1:37 PM ORDER by Chief Judge Kimberly J. Mueller: Due to the elevation of U.S. District Judge Ana I. de Alba to the Ninth Circuit Court of Appeals, the court finds it necessary to temporarily reassign this case to No District Court Judge (NODJ) until a new district judge is appointed. (Xiong, J.) Related: [-]
Thursday, August 17, 2023
11		11 2 pgs order Order ~Util - 1 Set/Reset Deadlines and Hearings Thu 08/17 7:48 AM ORDER Advising Parties of Amendment of Local Rule and that if the Parties Wish to Have Case Stay Within the Current Fresno Court Division, they May Consent to Magistrate Judge Jurisdiction signed by District Judge Ana de Alba on 8/16/2023. 14-day deadline . (Lawrence, A) Related: [-]
Tuesday, June 20, 2023
10		10 minutes Scheduling Conference Tue 06/20 3:49 PM MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 6/20/2023.. The Court to issue Scheduling Conference Order. NOTE: "SAB Chambers Procedures" emailed to the parties. Plaintiffs Counsel Meghan Higday -via video present. Defendants Counsel Ryan Estes and Elias Parisca present. Court Reporter/CD Number: Not reported. (Gonzales, V) Related: [-]
Thursday, June 15, 2023
9		9 misc Response to Order to Show Cause Thu 06/15 2:12 PM RESPONSE to5 ORDER to SHOW CAUSE by Melissa Flory.(Higday, Meghan) Related: [-]
		Att: 1 Certificate of Service
8		8 misc Amended Document (NOT Motion) Thu 06/15 12:48 PM AMENDED DOCUMENT by Vestra Labs LLC: Amended1 Notice of Removal,. (Gipson, Benjamin) Related: [-]
7		7 misc Response to Order to Show Cause Thu 06/15 12:47 PM RESPONSE to5 ORDER to SHOW CAUSE by Vestra Labs LLC.(Gipson, Benjamin) Related: [-]
		Att: 1 Exhibit A - Declaration of Angelique Artiaga
Tuesday, June 13, 2023
6		6 misc Scheduling Report Tue 06/13 5:26 PM JOINT SCHEDULING REPORT filed by Melissa Flory.(Higday, Meghan) Related: [-]
		Att: 1 Proof of Service proof of service Rule 26(f) Jnt Scheduling Report
Friday, June 02, 2023
5		5 3 pgs order Order to Show Cause Fri 06/02 9:26 AM ORDER to SHOW CAUSE Concerning Subject-Matter Jurisdiction signed by District Judge Ana de Alba on 6/1/2023. Show Cause Response due within Fourteen (14) Days. (Sant Agata, S) Related: [-]
Monday, April 03, 2023
4		4 notice Notice (Other) Mon 04/03 10:15 AM NOTICE of Compliance with 28 U.S.C. � 1446(d) by Vestra Labs LLC. (Estes, Ryan) Related: [-]
Thursday, March 30, 2023
3		3 notice Notice of Appearance Thu 03/30 11:10 AM NOTICE of APPEARANCE by Ryan M. Estes on behalf of Vestra Labs LLC. Attorney Estes, Ryan M. added. (Estes, Ryan) Related: [-]
Wednesday, March 29, 2023
2		2 misc Civil New Case Documents for ADA Wed 03/29 2:58 PM CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/20/2023 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Marrujo, C) Related: [-]
		Att: 1 Standing Order,
		Att: 2 Consent Form,
		Att: 3 VDRP
1		1 88 pgs notice Notice of Removal Wed 03/29 1:38 PM NOTICE of REMOVAL from Superior Court of Calaveras County, case number 23CV46596 by Melissa Flory.(Gipson, Benjamin) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 3 pgs Declaration of Benjamin M. Gipson,
		Att: 3 Declaration of Angelique Artiaga,
		Att: 4 FRCP 7.1 Disclosure Statement,
		Att: 5 Proof of Service
		misc Receipt Wed 03/29 2:11 PM RECEIPT number ACAEDC-10773764 for $402.00 fbo Vestra Labs LLC from Benjamin Michael Gipson. (Flores, E) Related: [-]

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