California Northern District Court
Judge:Sallie Kim
Case #: 4:26-cv-03103
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1332 Diversity-Petition for Removal
Case Filed:Apr 10, 2026
Case in other court:Superior Court of California Contra Costa County, C26-00794
Last checked: Wednesday Oct 07, 2026 12:36 AM PDT
Consol Plaintiff
Mark Ausseiker
Represented By
William J. Edelman
Milberg, PLLC
contact info
Gregory Haroutunian
Emery Reddy PC
contact info
Heather Lopez
Milberg, PLLC
contact info
Brandon P. Jack
Emery Reddy, PC
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Consol Plaintiff
Ashley Grimes
Represented By
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Michael P. Connett
Siri & Glimstad LLP
contact info
Consol Plaintiff
Michael J. Harhay
Represented By
William J. Edelman
Milberg, PLLC
contact info
Gregory Haroutunian
Emery Reddy PC
contact info
Heather Lopez
Milberg, PLLC
contact info
Brandon P. Jack
Emery Reddy, PC
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Consol Plaintiff
John Hopton
Represented By
William J. Edelman
Milberg, PLLC
contact info
Gregory Haroutunian
Emery Reddy PC
contact info
Heather Lopez
Milberg, PLLC
contact info
Brandon P. Jack
Emery Reddy, PC
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Consol Plaintiff
Elzy Linder
Represented By
William J. Edelman
Milberg, PLLC
contact info
Gregory Haroutunian
Emery Reddy PC
contact info
Heather Lopez
Milberg, PLLC
contact info
Brandon P. Jack
Emery Reddy, PC
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Consol Plaintiff
Lauren Morrill
Represented By
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Michael P. Connett
Siri & Glimstad LLP
contact info
Consol Plaintiff
William F. Schmierer
Represented By
William J. Edelman
Milberg, PLLC
contact info
Gregory Haroutunian
Emery Reddy PC
contact info
Heather Lopez
Milberg, PLLC
contact info
Brandon P. Jack
Emery Reddy, PC
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Consol Plaintiff
John Wilbert
Represented By
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info
Michael P. Connett
Siri & Glimstad LLP
contact info
Defendant
The Home Depot, Inc.
Represented By
JoeAl Akobian
Jones Day
contact info
Ann Theresa Rossum
Jones Day
contact info
Amanda Catherine Fitzsimmons
Jones Day
contact info
Darren Keith Cottriel
Jones Day
contact info
Defendant
Home Depot U.S.A., Inc.
Represented By
JoeAl Akobian
Jones Day
contact info
Darren Keith Cottriel
Jones Day
contact info
Plaintiff
Sean McGinity
Represented By
Julia Kathryn Venditti
Bursor And Fisher, P.A.
contact info
M. Anderson Berry
Emery Reddy, PC
contact info
Philip Lawrence Fraietta
Bursor & Fisher, P.A.
contact info


Docket last updated: 11 hours ago
Wednesday, May 27, 2026
18 18 2 pgs order Order Referring Case to Magistrate Judge 1 - Terminate Deadlines and Hearings ~Util - Terminate Motions Wed 05/27 4:33 PM
ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR ALL PURPOSES. Motions terminated: 14 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related . Signed by Judge Yvonne Gonzalez Rogers on 5/27/2026. (eac, COURT STAFF)
Related: [-]
Tuesday, May 26, 2026
17 17 1 pgs order Order Relating Case Tue 05/26 11:09 PM
RELATED CASE ORDER. 26-cv-3103-YGR is related to 26-cv-3967-AGT. Signed by Judge Yvonne Gonzalez Rogers on 5/26/2026. (eac, COURT STAFF)
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Thursday, May 14, 2026
16 16 2 pgs order Order ~Util - Set Deadlines/Hearings ~Util - Teleconference Zoom Thu 05/14 9:25 PM
ORDER DIRECTING PARTIES TO INFORM COURT WHETHER THEY CONSENT TO A MAGISTRATE JUDGE FOR ALL PURPOSES; SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 5/26/2026, at 01:59 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Civ LR 77-3(d). 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://cand.uscourts.gov/zoom. Signed by Judge Yvonne Gonzalez Rogers on 5/14/2026. (eac, COURT STAFF)
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15 15 motion Stipulation and Proposed Order Thu 05/14 11:47 AM
STIPULATION WITH PROPOSED ORDER Consolidating Cases for Pre-Trial Purposes, Appointing Co-Lead Interim Counsel, and Permitting Filing of Consolidated Complaint filed by Sean McGinity.(Fraietta, Philip)
Related: [-]
Att: 1 Proposed Order
14 14 motion Administrative Motion per Civil Local Rule 7-11 Thu 05/14 11:43 AM
ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by Sean McGinity. Responses due by 5/18/2026.(Fraietta, Philip)
Related: [-]
Att: 1 Stipulation re Admin Motion to Relate Cases,
Att: 2 Proposed Order
Monday, May 11, 2026
13 13 misc Stipulation without Proposed Order Mon 05/11 4:17 PM
STIPULATION re1 Notice of Removal, to Extend Time for The Home Depot, Inc. to Respond to Initial Complaint (L.R. 6-1) filed by The Home Depot, Inc.. (Cottriel, Darren)
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Wednesday, April 22, 2026
12 12 oth_evt Clerk's Notice ~Util - Teleconference Zoom Wed 04/22 2:05 PM
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement due by 7/20/2026. Initial Case Management Conference set for 7/27/2026, at 02:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/ygr] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at ygrcrd@cand.uscourts.gov no later than July 24, 2026, at 12:00 PM PST. Civ LR 77-3(d). 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: [LINK:https://cand.uscourts.gov/zoom] . (eac, COURT STAFF)
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Tuesday, April 21, 2026
11 11 utility Case Assigned/Reassigned Tue 04/21 9:28 AM
ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers. Magistrate Judge Ajay S. Krishnan no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See [LINK:General Order 65] and [LINK:cand.uscourts.gov/cameras] . Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (amf, COURT STAFF)
Related: [-]
Monday, April 20, 2026
10 10 oth_evt Clerk's Notice of Impending Reassignment - Text Only Mon 04/20 10:20 PM
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. (kmm2, COURT STAFF)
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Friday, April 17, 2026
9 9 misc Consent/Declination to Proceed Before a US Magistrate Judge Fri 04/17 12:28 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Home Depot, Inc... (Cottriel, Darren)
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Tuesday, April 14, 2026
8 8 notice Notice of Appearance/Substitution/Change/Withdrawal of Attorney Tue 04/14 2:07 PM
NOTICE of Appearance filed by Amanda Catherine Fitzsimmons on behalf of The Home Depot, Inc. (Fitzsimmons, Amanda)
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Monday, April 13, 2026
7 7 service Certificate/Proof of Service Mon 04/13 1:58 PM
CERTIFICATE OF SERVICE by The Home Depot, Inc. re 5 Case Assigned by Intake,, (Cottriel, Darren)
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6 6 order Initial Case Management Scheduling Order with ADR Deadlines Mon 04/13 9:28 AM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2026. Initial Case Management Conference set for 7/21/2026 01:30 PM in San Francisco, - Videoconference Only. (kam2, COURT STAFF)
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5 5 utility ~Util - Case Assigned by Intake Mon 04/13 8:39 AM
Case assigned to Magistrate Judge Ajay S. Krishnan. 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 4/27/2026. (chh, COURT STAFF)
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Friday, April 10, 2026
4 4 CERTIFICATE OF SERVICE by The Home Depot, Inc. re3 Stipulation,1 Notice of Removal,2 Certificate of Interested Entities (Cottriel, Darren)
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3 3 STIPULATION to Extend Time for The Home Depot, Inc. to Respond to Initial Complaint by 31 Days (L.R. 6-1) filed by The Home Depot, Inc.. (Cottriel, Darren)
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2 2 Corporate Disclosure Statement by The Home Depot, Inc. (Cottriel, Darren)
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1 1 NOTICE OF REMOVAL from Superior Court of California, County of Contra Costa. Their case number is C 26-00794 (Filing fee $405 receipt number ACANDC-21857418). Filed by The Home Depot, Inc..(Cottriel, Darren)
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Att: 1 Declaration of Darren Cottriel,
Att: 2 Exhibit A