California Central District Court
Judge:John W Holcomb
Referred: Autumn D Spaeth
Case #: 8:24-cv-00044
Nature of Suit442 Civil Rights - Employment
Cause28:1441 Notice of Removal - Employment Discrimination
Case Filed:Jan 08, 2024
Case in other court:Superior Court of Orange County, 30-02023-01363764
Last checked: Thursday Feb 22, 2024 1:19 AM PST
Defendant
ZO Skin Health, Inc.
Represented By
Matthew E Costello
Haynes And Boone LLP
contact info
Tamara I Devitt
Haynes And Boone LLP
contact info
Defendant
Does
Plaintiff
Nicole McMiller
Represented By
Malte L L Farnaes
Farnaes And Lucio Apc
contact info


Docket last updated: 05/12/2024 11:59 PM PDT
Tuesday, April 09, 2024
24 24 order Continue Tue 04/09 8:18 AM
(IN CHAMBERS) ORDER GRANTING EX PARTE APPLICATION OF DEFENDANT ZO SKIN HEALTH, INC. TO CONTINUE HEARING DATE ON MOTION TO COMPEL ARBITRATION TO ALLOW FOR ARBITRATION RELATED DISCOVERY [ECF No. 20] by Judge John W. Holcomb: For the foregoing reasons, the Court hereby orders as follows: 1. ZO Skin Health's instant Application [ECF No.20 ] is GRANTED. 2. ZO Skin Health is granted leave to conduct and propound the following discovery by July 12, 2024: 3. ZO Skin Health is DIRECTED to file an updated Reply no later than July 26, 2024. At her option, McMiller may also file an updated Opposition no later than July 26, 2024. 4. The hearing on the Motion to Compel and the Scheduling Conference are CONTINUED to August 9, 2024, at 9:00 a.m. 5. The parties are DIRECTED to file an updated Rule 26(f) Report no later than August 2, 2024. [See document for further details and deadlines.] (es)
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Friday, April 05, 2024
23 23 respm Reply (Motion related) Fri 04/05 4:50 PM
REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration17 and Dismiss or Stay Proceedings filed by Defendant ZO Skin Health, Inc..(Costello, Matthew)
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Att: 1 Declaration of Kristen Flynn,
Att: 2 Exhibit A to Declaration of Kristen Flynn,
Att: 3 Exhibit B to Declaration of Kristen Flynn,
Att: 4 Exhibit C to Declaration of Kristen Flynn
22 22 misc Joint Report Rule 26(f) Discovery Plan Fri 04/05 4:19 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 weeks, filed by Defendant ZO Skin Health, Inc... (Costello, Matthew)
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Wednesday, April 03, 2024
21 21 respm Response in Opposition to Motion Wed 04/03 7:18 PM
OPPOSITION filed by Plaintiff Nicole McMiller.(Farnaes, Malte)
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Att: 1 Declaration of Farnaes in Support of Opposition to Defendant's Ex Parte Application,
Att: 2 Exhibit 1 to Farnaes Declaration,
Att: 3 Exhibit 2 to Farnaes Declaration,
Att: 4 Exhibit 3 to Farnaes Declaration
20 20 motion Continue Wed 04/03 9:02 AM
EX PARTE APPLICATION to Continue Hearing on Motion to Compel Arbitration from April 19, 2024 Re: NOTICE OF MOTION AND MOTION to Compel Arbitration17 filed by Defendant ZO Skin Health, Inc.. (Costello, Matthew)
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Att: 1 Memorandum,
Att: 2 Declaration of Matthew Costello,
Att: 3 Exhibit A to Declaration of Matthew Costello,
Att: 4 Proposed Order
Friday, March 29, 2024
19 19 16 pgs respm Memorandum in Opposition to Motion Fri 03/29 7:07 PM
MEMORANDUM in Opposition to Defendant ZO Skin Health, Inc.'s Motion to Compel Arbitration and Dismiss or Stay Proceedings filed by Plaintiff Nicole McMiller.(Farnaes, Malte)
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Att: 1 Declaration of HelfinSiegel ISO Opp to MTC Arb,
Att: 2 Exhibit 1 to Declaration of HelfinSiegel,
Att: 3 Declaration of McMiller ISO Opp to MTC Arb,
Att: 4 Exhibit 1-9 to Declaration of McMiller,
Att: 5 Declaration of Farnaes ISO Opp to MTC Arb,
Att: 6 Exhibit 1 to Declaration of Farnaes
Friday, March 15, 2024
18 18 order Initial Order Setting R26 Scheduling Conference - form only Fri 03/15 7:42 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 4/19/2024 at 9:00 AM before Judge John W. Holcomb. (cla)
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Thursday, March 14, 2024
17 17 motion Compel Arbitration Thu 03/14 7:34 PM
NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant ZO Skin Health, Inc.. Motion set for hearing on 4/19/2024 at 09:00 AM before Judge John W. Holcomb. (Costello, Matthew)
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Att: 1 Memorandum,
Att: 2 Declaration of Matthew Costello,
Att: 3 Exhibit A-F to Declaration of Matthew Costello,
Att: 4 Declaration of Kristen Flynn,
Att: 5 Exhibit A-F to Declaration of Kristen Flynn,
Att: 6 Declaration of Taylor LaFrance,
Att: 7 Exhibit A-C to Declaration of Taylor LaFrance,
Att: 8 Proposed Order
Tuesday, February 27, 2024
16 16 textonly Generic Text Only Entry Tue 02/27 11:35 AM
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed the parties' Stipulation [ECF No. 15], and it is hereby APPROVED. The deadline for Defendant to answer or otherwise respond to Plaintiffs Complaint is EXTENDED from February 29, 2024, to and including March 14, 2024. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla)
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15 15 stip Extending Time to Answer (More than 30 days) Tue 02/27 10:22 AM
Joint STIPULATION for Extension of Time to File Answer to March 14, 2024 re Notice of Removal (Attorney Civil Case Opening),1 filed by Defendant ZO Skin Health, Inc..(Costello, Matthew)
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Att: 1 Proposed Order
Tuesday, February 13, 2024
14 14 textonly Generic Text Only Entry Tue 02/13 1:25 PM
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed the parties' Stipulation [ECF No. 13], and it is hereby APPROVED. The deadline for Defendant to answer or otherwise respond to Plaintiffs Complaint is EXTENDED from February 15, 2024, to and including February 29, 2024. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla)
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13 13 stip Extending Time to Answer (More than 30 days) Tue 02/13 11:28 AM
Joint STIPULATION for Extension of Time to File Answer to February 29, 2024 re Notice of Removal (Attorney Civil Case Opening),1 filed by Defendant ZO Skin Health, Inc..(Costello, Matthew)
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Att: 1 2 pgs Proposed Order
Tuesday, January 16, 2024
12 12 2 pgs misc Corporate Disclosure Statement Tue 01/16 4:26 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendant ZO Skin Health, Inc. identifying ZO SH Holdings, Inc. as Corporate Parent. (Costello, Matthew)
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11 11 3 pgs stip Extending Time to Answer (30 days or less) Tue 01/16 9:30 AM
STIPULATION Extending Time to Answer the complaint as to ZO Skin Health, Inc. answer now due 2/15/2024, re Notice of Removal (Attorney Civil Case Opening),1 , Complaint - (Discovery) filed by Defendant ZO Skin Health, Inc..(Costello, Matthew)
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Friday, January 12, 2024
10 10 17 pgs order Initial Order upon Filing of Complaint - form only Fri 01/12 7:43 AM
STANDING ORDER by Judge John W. Holcomb. (cla)
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Wednesday, January 10, 2024
9 9 service Proof of Service (subsequent documents) Wed 01/10 2:49 PM
PROOF OF SERVICE filed by Defendant ZO Skin Health, Inc., re: Notice to State Clerk of Removal served on January 9, 2024.(Devitt, Tamara)
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Att: 1 Exhibit A
8 8 1 pgs notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Wed 01/10 9:11 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et)
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7 7 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 01/10 9:10 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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6 6 1 pgs notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 01/10 9:10 AM
NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Autumn D. Spaeth. (et)
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Tuesday, January 09, 2024
5 5 1 pgs notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Tue 01/09 12:51 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance4 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
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Monday, January 08, 2024
4 4 2 pgs notice Appearance Mon 01/08 4:50 PM
NOTICE of Appearance filed by attorney Matthew E Costello on behalf of Defendant ZO Skin Health, Inc. (Attorney Matthew E Costello added to party ZO Skin Health, Inc.(pty:dft))(Costello, Matthew)
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3 3 3 pgs notice Certificate/Notice of Interested Parties Mon 01/08 4:44 PM
NOTICE of Interested Parties filed by Defendant ZO Skin Health, Inc., identifying Nicole McMiller and her counsel, Malte L. L. Farnaes, Esq. of Farnaes & Lucio, APC; ZO Skin Health, Inc.. (Devitt, Tamara)
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2 2 3 pgs misc Civil Cover Sheet (CV-71) Mon 01/08 4:38 PM
CIVIL COVER SHEET filed by Defendant ZO Skin Health, Inc.. (Devitt, Tamara)
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1 1 9 pgs notice Notice of Removal (Attorney Civil Case Opening) Mon 01/08 4:33 PM
NOTICE OF REMOVAL from Superior Court of Orange County, case number 30-2023 01363764-CU-OE-CJC Receipt No: ACACDC-36689383 - Fee: $405, filed by Defendant ZO Skin Health, Inc.. (Attorney Tamara I Devitt added to party ZO Skin Health, Inc.(pty:dft))(Devitt, Tamara)
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Att: 1 3 pgs Declaration of Devitt in Support of Notice of Removal,
Att: 2 Exhibit A to Declaration of Devitt,
Att: 3 Declaration of Hodkinson in Support of Notice of Removal
cmp Complaint - (Discovery) Wed 01/10 9:18 AM
NON-CONFORMED COPY OF COMPLAINT against Defendants ZO Skin Health, Inc., Does 1-50, inlcusive. Jury Demanded., filed by Plaintiff Nicole McMiller. [SUBMITTED ATTACHED TO EXHIBIT A AS ATTACHMENT NO. 2 TO NOTICE OF REMOVAL1 ]. (et)
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