Moffitt v. XPO Logistics, Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 3:16-cv-06664
District Judge Vince Chhabria, presiding
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District Judge Vince Chhabria
Last Updated July 28, 2025 at 2:29 PM EDT (7.3 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [BDCA262], Plaintiff

Represented by Emergent Legal

Name Phone Fax E-Mail
Space Greg Demirchyan greg@emergentlegal.com

Represented by emergent.law Law Firm Placeholder

Name Phone Fax E-Mail
Space Peter Roldan +1 415 894 9284 peter@emergent.law
Space Christopher Wimmer chris@emergent.law
No Logo Donald Moffitt, Plaintiff

Represented by Christopher A. Wimmer

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Greg Demirchyan +1 415 894 9284 +1 415 276 8929 greg@emergentlegal.com

Represented by emergent.law Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher A Wimmer +1 415 894 9284 +1 415 276 8929 chris@emergent.law
v.
XPO CNW, Inc. XPO CNW, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Chantelle Cappa Egan
Space Kelly Knudson
Space G. Daniel Newland
Space Tatyana Shmygol
XPO Logistics, Inc. XPO Logistics, Inc., Defendant

Represented by Seyfarth Shaw LLP

Name Phone Fax E-Mail
Space Chantelle C Egan +1 415 731 1106 +1 415 397 8549 cegan@seyfarth.com
Space Kelly L Knudson +1 415 397 2823 +1 415 397 8549 kknudson@seyfarth.com
ATTORNEY TO BE NOTICED Kelly L Knudson +1 415 397 2823 +1 415 397 8549 kknudson@seyfarth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura J Maechtlen +1 415 397 2823 +1 415 397 8549 lmaechtlen@seyfarth.com
Space G. Daniel Newland +1 415 397 2823 +1 415 397 8549 dnewland@seyfarth.com
Space Tatyana Shmygol +1 415 397 2823 +1 415 397 8549 tshmygol@seyfarth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tatyana Shmygol +1 415 397 2823 +1 415 397 8549 tshmygol@seyfarth.com
Attributes
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Petition for Removal
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 110 Filed: 6/19/2018, Entered: 6/19/2018 Court Filing
Transcript of Proceedings held on 06/06/2018, before Judge mARIA-eLENA jAMES. Court Reporter/Transcriber Victoria L. Valine, telephone number victoriavalinecsr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 108 Transcript Order ) Redaction Request due 7/10/2018. Redacted Transcript Deadline set for 7/20/2018. Release of Transcript Restriction set for 9/17/2018. (Related documents(s) 108 ) (vlv, COURT STAFF) (Filed on 6/19/2018)
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Legal Document (Payment Possibly Required) 109 Filed: 6/19/2018, Entered: 6/19/2018 Court Filing
TRANSCRIPT ORDER for proceedings held on 06/05/2018 before Magistrate Judge Maria-Elena James by XPO CNW, Inc., XPO Logistics, Inc., for Court Reporter FTR - San Francisco. (Egan, Chantelle) (Filed on 6/19/2018)
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Legal Document (Payment Possibly Required) 108 Filed: 6/18/2018, Entered: 6/18/2018 Court Filing
TRANSCRIPT ORDER for proceedings held on 06/05/2018 before Magistrate Judge Maria-Elena James by BDCA262, for Court Reporter FTR - Eureka. (Roldan, Peter) (Filed on 6/18/2018)
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Legal Document (Payment Possibly Required) 107 Filed: 6/12/2018, Entered: 6/12/2018 Court Filing
ORDER OF DISMISSAL. Signed by Judge Vince Chhabria on 6/12/2018. (knm, COURT STAFF) (Filed on 6/12/2018)
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Legal Document (Payment Possibly Required) 106 Filed: 6/6/2018, Entered: 6/6/2018 Court Filing
Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 6/5/2018.FTR Time: 1:35-1:37;1:39-1:42. Plaintiff Attorney: Peter Roldan, Esq. Defendant Attorney: G. Daniel Newland, Esq.; Chantelle C. Egan, Esq. Attachment: Settlement Conference held. Case settled in full. See attached minutes.(rmm2S, COURT STAFF) (Date Filed: 6/6/2018) Modified on 6/19/2018 (rmm2S, COURT STAFF). Modified on 6/19/2018: Matter transcribed by Victoria Valine. (rjdS, COURT STAFF).
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Legal Document (Payment Possibly Required) 105 Filed: 5/31/2018, Entered: 5/31/2018 Court Filing
ORDER by Magistrate Judge Maria-Elena James granting 104 Stipulation permitting Remote Appearance at settlement conference. (rmm2S, COURT STAFF) (Filed on 5/31/2018)
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Legal Document (Payment Possibly Required) 104 Filed: 5/17/2018, Entered: 5/17/2018
STIPULATION WITH PROPOSED ORDER Permitting Remote Appearance at Settlement Conference filed by BDCA262. (Roldan, Peter) (Filed on 5/17/2018)
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Legal Document (Payment Possibly Required) 103 Filed: 5/14/2018, Entered: 5/14/2018
NOTICE of Appearance by Peter Roldan (Roldan, Peter) (Filed on 5/14/2018)
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Blank 102 Filed: 5/10/2018, Entered: 5/10/2018 Court Filing
CLERK'S NOTICE: ADVANCING SETTLEMENT CONFERENCE The Court hereby ADVANCES the Settlement Conference scheduled for June 6, 2018, at 10:00 a.m., to JUNE 5, 2018 AT 10:00 a.m., in Chambers, 15th Floor, 450 Golden Gate Avenue, SF, before Magistrate Judge Maria-Elena James. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 5/10/2018)
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Blank 101 Filed: 4/3/2018, Entered: 4/3/2018 Court Filing
CLERK'S NOTICE CONTINUING SETTLEMENT CONFERENCE: Please Take Notice, the Court has become unavailable and the Settlement Conference presently scheduled for May 2, 2018, at 10:00 a.m., is CONTINUED TO: June 6, 2018, at 10:00 a.m., before Magistrate Judge Maria-Elena James. Settlement Conference Statements shall be LODGED with Chambers, no later than May 30, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 4/3/2018)
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Legal Document (Payment Possibly Required) 100 Filed: 3/28/2018, Entered: 3/28/2018
NOTICE of Appearance by Chantelle Cappa Egan (Egan, Chantelle) (Filed on 3/28/2018)
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Legal Document (Payment Possibly Required) 99 Filed: 3/20/2018, Entered: 3/20/2018 Court Filing
Order by Judge Vince Chhabria denying 96 Motion for Recusal. (knm, COURT STAFF) (Filed on 3/20/2018)
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Legal Document (Payment Possibly Required) 98 Filed: 2/16/2018, Entered: 2/16/2018 Court Filing
OPPOSITION/RESPONSE (re 96 MOTION for Recusal of District Court Judge ) filed byXPO CNW, Inc., XPO Logistics, Inc.. (Attachments: # 1 Declaration of Tatyana Shmygol)(Shmygol, Tatyana) (Filed on 2/16/2018)
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Legal Document (Payment Possibly Required) 97 Filed: 2/2/2018, Entered: 2/2/2018 Court Filing
Proposed Order re 96 MOTION for Recusal of District Court Judge by BDCA262. (Wimmer, Christopher) (Filed on 2/2/2018)
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Legal Document (Payment Possibly Required) 96 Filed: 2/2/2018, Entered: 2/2/2018 Court Filing
MOTION for Recusal of District Court Judge filed by BDCA262. Responses due by 2/16/2018. Replies due by 2/23/2018. (Attachments: # 1 Declaration Declaration of BDCA262 in Support of Motion for Recusal of District Court Judge, # 2 Declaration Certification of Good Faith by Christopher Wimmer in Support of Plaintiff's Motion for Recusal of District Court Judge)(Wimmer, Christopher) (Filed on 2/2/2018)
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Legal Document (Payment Possibly Required) 95 Filed: 12/28/2017, Entered: 12/28/2017 Court Filing
Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 5/2/2018 at 10:00 a.m.,in Chambers, 15th Floor, SF. Signed by Magistrate Judge Maria-Elena James on 12/28/2017. (rmm2S, COURT STAFF) (Filed on 12/28/2017)
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Blank  Filed: 12/22/2017, Entered: 12/22/2017
CASE REFERRED to Magistrate Judge Maria-Elena James for Settlement (ahm, COURT STAFF) (Filed on 12/22/2017)
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Blank 94 Filed: 12/22/2017, Entered: 12/22/2017 Court Filing
CLERK'S NOTICE CONTINUING THE PRETRIAL CONFERENCE AND JURY TRIAL. Final Pretrial Conference set for 7/2/2018 01:30 PM in Courtroom 4, 17th Floor, San Francisco. Jury Trial set for 7/16/2018 08:30 AM in Courtroom 4, 17th Floor, San Francisco before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 12/22/2017)
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Legal Document (Payment Possibly Required) 93 Filed: 12/21/2017, Entered: 12/21/2017 Court Filing
ORDER REFERRING CASE to a randomly assigned Magistrate Judge for Settlement. Signed by Judge Vince Chhabria on 12/21/2017. (knm, COURT STAFF) (Filed on 12/21/2017)
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Legal Document (Payment Possibly Required) 92 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
Transcript of Proceedings held on 12/07/17, before Judge Chhabria. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 90 Transcript Order ) Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/11/2018. Release of Transcript Restriction set for 3/12/2018. (Related documents(s) 90 ) (Batalo, Pam) (Filed on 12/11/2017)
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Legal Document (Payment Possibly Required) 91 Filed: 12/8/2017, Entered: 12/8/2017 Court Filing
TRANSCRIPT ORDER for proceedings held on 12/7/17 before Judge Vince Chhabria by XPO CNW, Inc., XPO Logistics, Inc., for Court Reporter Pam Batalo. (Shmygol, Tatyana) (Filed on 12/8/2017)
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Legal Document (Payment Possibly Required) 90 Filed: 12/7/2017, Entered: 12/7/2017 Court Filing
TRANSCRIPT ORDER for proceedings held on 12/07/2017 before Judge Vince Chhabria by BDCA262, for Court Reporter Pam Batalo. (Wimmer, Christopher) (Filed on 12/7/2017)
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Blank 89 Filed: 12/7/2017, Entered: 12/7/2017 Court Filing
Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 12/7/2017 re 67 MOTION for Summary Judgment filed by XPO CNW, Inc., XPO Logistics, Inc., 72 MOTION for Summary Judgment filed by BDCA262. The Court heard oral argument on the cross motions for summary judgment, and will issue a written ruling. Pretrial Conference is reset for 1/17/2018 01:30 PM in Courtroom 2, 17th Floor, San Francisco before Judge Vince Chhabria.Total Time in Court: 1 hour 3 minutes. Court Reporter: Pamela Batalo. Plaintiff Attorney: Christopher Wimmer. Defendant Attorney: Tatyana Shmygol and Daniel Newland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 12/7/2017)
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Legal Document (Payment Possibly Required) 88 Filed: 12/5/2017, Entered: 12/5/2017 Court Filing
Order by Judge Vince Chhabria re 85 Administrative Motion to Modify December 1, 2017 Order.(knm, COURT STAFF) (Filed on 12/5/2017)
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Legal Document (Payment Possibly Required) 87 Filed: 12/5/2017, Entered: 12/5/2017
OPPOSITION/RESPONSE (re 85 ADMINISTRATIVE MOTION to Modify December 1, 2017 Order re 84 Order ) (CORRECTED) filed byXPO CNW, Inc., XPO Logistics, Inc.. (Attachments: # 1 Declaration of Tatyana Shmygol (Corrected))(Shmygol, Tatyana) (Filed on 12/5/2017)
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Legal Document (Payment Possibly Required) 86 Filed: 12/5/2017, Entered: 12/5/2017
OPPOSITION/RESPONSE (re 85 ADMINISTRATIVE MOTION to Modify December 1, 2017 Order re 84 Order ) filed byXPO CNW, Inc., XPO Logistics, Inc.. (Attachments: # 1 Declaration of Tatyana A. Shmygol, # 2 Proposed Order)(Shmygol, Tatyana) (Filed on 12/5/2017)
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Legal Document (Payment Possibly Required) 85 Filed: 12/4/2017, Entered: 12/4/2017
ADMINISTRATIVE MOTION to Modify December 1, 2017 Order re 84 Order filed by BDCA262. Responses due by 12/8/2017. (Attachments: # 1 Declaration of Christopher Wimmer, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Wimmer, Christopher) (Filed on 12/4/2017)
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Legal Document (Payment Possibly Required) 84 Filed: 12/1/2017, Entered: 12/1/2017 Court Filing
ORDER RE SUMMARY JUDGMENT HEARING. Signed by Judge Vince Chhabria on December 1, 2017. (vclc3S, COURT STAFF) (Filed on 12/1/2017)
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Blank 83 Filed: 11/22/2017, Entered: 11/22/2017 Court Filing
CLERK'S NOTICE RESCHEDULING THE HEARING RE 72 MOTION for Summary Judgment , 67 MOTION for Summary Judgment . Motion Hearing set for 12/7/2017 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/22/2017)
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Legal Document (Payment Possibly Required) 82 Filed: 11/16/2017, Entered: 11/16/2017
Declaration of Christopher Wimmer in Support of 81 Reply to Opposition/Response filed byDonald BDCA262. (Attachments: # 1 Exhibit FF, # 2 Exhibit GG)(Related document(s) 81 ) (Wimmer, Christopher) (Filed on 11/16/2017)
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Legal Document (Payment Possibly Required) 81 Filed: 11/16/2017, Entered: 11/16/2017
REPLY (re 67 MOTION for Summary Judgment , 72 MOTION for Summary Judgment ) filed byDonald BDCA262. (Wimmer, Christopher) (Filed on 11/16/2017)
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Legal Document (Payment Possibly Required) 80 Filed: 11/10/2017, Entered: 11/10/2017
NOTICE of Appearance by G. Daniel Newland (Newland, G. Daniel) (Filed on 11/10/2017)
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Legal Document (Payment Possibly Required) 79 Filed: 11/9/2017, Entered: 11/9/2017
REPLY (re 67 MOTION for Summary Judgment ) and Opposition to Plaintiff's Motion for Summary Judgment filed byXPO CNW, Inc., XPO Logistics, Inc.. (Attachments: # 1 Declaration of Tatyana Shmygol)(Shmygol, Tatyana) (Filed on 11/9/2017)
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Legal Document (Payment Possibly Required) 78 Filed: 11/9/2017, Entered: 11/9/2017
CERTIFICATE OF SERVICE by XPO CNW, Inc., XPO Logistics, Inc. re 66 Administrative Motion to File Under Seal of Unredacted Copy of Exhibit to Administrative Motion to File Documents Under Seal (Knudson, Kelly) (Filed on 11/9/2017)
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Legal Document (Payment Possibly Required) 77 Filed: 11/7/2017, Entered: 11/7/2017 Court Filing
Order by Judge Vince Chhabria granting 76 Administrative Motion to Increase Page Limit.(knm, COURT STAFF) (Filed on 11/7/2017)
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Legal Document (Payment Possibly Required) 76 Filed: 11/6/2017, Entered: 11/6/2017
ADMINISTRATIVE MOTION to Increase Page Limit filed by XPO CNW, Inc., XPO Logistics, Inc.. Responses due by 11/13/2017. (Attachments: # 1 Declaration of Tatyana Shmygol, # 2 Exhibit A, # 3 Proposed Order)(Shmygol, Tatyana) (Filed on 11/6/2017)
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Legal Document (Payment Possibly Required) 75 Filed: 11/6/2017, Entered: 11/6/2017
OPPOSITION/RESPONSE (re 71 Administrative Motion to File Under Seal ) filed byXPO CNW, Inc., XPO Logistics, Inc.. (Knudson, Kelly) (Filed on 11/6/2017)
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Legal Document (Payment Possibly Required) 74 Filed: 11/2/2017, Entered: 11/2/2017
EXHIBITS re 71 Administrative Motion to File Under Seal [Proof of Service] filed byDonald BDCA262. (Related document(s) 71 ) (Wimmer, Christopher) (Filed on 11/2/2017)
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Legal Document (Payment Possibly Required) 73 Filed: 11/2/2017, Entered: 11/2/2017
Declaration of Christopher Wimmer in Support of 72 MOTION for Summary Judgment filed byDonald BDCA262. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit H1, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit J1, # 13 Exhibit K, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit W, # 17 Exhibit Y, # 18 Exhibit BB)(Related document(s) 72 ) (Wimmer, Christopher) (Filed on 11/2/2017)
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Legal Document (Payment Possibly Required) 72 Filed: 11/2/2017, Entered: 11/2/2017 Court Filing
Cross Motion for Summary Judgment and Opposition to 67 Defendants' Motion for Summary Judgment, filed by BDCA262. Motion Hearing set for 11/30/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Judge Vince Chhabria. Responses due by 11/9/2017. Replies due by 11/16/2017. (Wimmer, Christopher) (Filed on 11/2/2017) Modified on 11/14/2017 (knm, COURT STAFF).
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Legal Document (Payment Possibly Required) 71 Filed: 11/2/2017, Entered: 11/2/2017
Administrative Motion to File Under Seal filed by BDCA262. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Unredacted version of Exhibit L, # 4 Unredacted version of Exhibit M, # 5 Unredacted version of Exhibit N, # 6 Unredacted version of Exhibit Q, # 7 Unredacted version of Exhibit R, # 8 Unredacted version of Exhibit S, # 9 Unredacted version of Exhibit T, # 10 Unredacted version of Exhibit U, # 11 Unredacted version of Exhibit V, # 12 Unredacted version of Exhibit X, # 13 Unredacted version of Exhibit Z, # 14 Unredacted version of Exhibit AA, # 15 Unredacted version of Exhibit CC, # 16 Unredacted version of Exhibit DD, # 17 Unredacted version of Exhibit EE)(Wimmer, Christopher) (Filed on 11/2/2017)
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Legal Document (Payment Possibly Required) 70 Filed: 10/30/2017, Entered: 10/30/2017 Court Filing
ORDER by Magistrate Judge Sallie Kim Re: 64 Joint Discovery Motion. (mklS, COURT STAFF) (Filed on 10/30/2017)
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Legal Document (Payment Possibly Required) 69 Filed: 10/27/2017, Entered: 10/27/2017
EXHIBITS re 67 MOTION for Summary Judgment CORRECTION OF DOCKET # 68 , Exhibits to Shmygol Decl. ISO Motion for Summary Judgment, filed byXPO CNW, Inc., XPO Logistics, Inc.. (Related document(s) 67 ) (Shmygol, Tatyana) (Filed on 10/27/2017)
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Legal Document (Payment Possibly Required) 68 Filed: 10/27/2017, Entered: 10/27/2017
ERRONEOUSLY E-FILED, DISREGARD - SEE DOC 69 EXHIBITS re 67 MOTION for Summary Judgment to Decl. of Tatyana A. Shmygol, filed byXPO CNW, Inc., XPO Logistics, Inc.. (Related document(s) 67 ) (Shmygol, Tatyana) (Filed on 10/27/2017) Modified on 10/30/2017 (farS, COURT STAFF).
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Legal Document (Payment Possibly Required) 67 Filed: 10/26/2017, Entered: 10/26/2017 Court Filing
MOTION for Summary Judgment filed by XPO CNW, Inc., XPO Logistics, Inc.. Motion Hearing set for 11/30/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Judge Vince Chhabria. Responses due by 11/9/2017. Replies due by 11/16/2017. (Attachments: # 1 Declaration Declaration of Tatyana A Shmygol ISO MSJ, # 2 Declaration Declaration of Riina Tohvert ISO MSJ with Exhibits A-B, # 3 Declaration Declaration of Sara Hart ISO MSJ with Exhibits A-B)(Shmygol, Tatyana) (Filed on 10/26/2017)
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Legal Document (Payment Possibly Required) 66 Filed: 10/26/2017, Entered: 10/26/2017
Administrative Motion to File Under Seal filed by XPO CNW, Inc., XPO Logistics, Inc.. (Attachments: # 1 Declaration of Hank Bartos, # 2 Declaration of Kelly Knudson, # 3 Joint Stipulation to File Under Seal, # 4 Proposed Order, # 5 Redacted Version of Devens Deposition Ex 8, # 6 Unredacted Version of Devens Deposition Exhibit 8)(Shmygol, Tatyana) (Filed on 10/26/2017)
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Legal Document (Payment Possibly Required) 65 Filed: 10/25/2017, Entered: 10/25/2017 Court Filing
ORDER REQUIRING CHAMBERS' COPIES. Signed by Magistrate Judge Sallie Kim on 10/25/2017. (mklS, COURT STAFF) (Filed on 10/25/2017)
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Legal Document (Payment Possibly Required) 64 Filed: 10/23/2017, Entered: 10/23/2017
Joint MOTION for Discovery [Joint Discovery Motion Regarding Defendant XPO Logistics, Inc.'s Motion to Compel Production of Documents Responsive to Request for Production No. 123] filed by XPO CNW, Inc., XPO Logistics, Inc.. Responses due by 11/6/2017. Replies due by 11/13/2017. (Attachments: # 1 Exhibit A)(Knudson, Kelly) (Filed on 10/23/2017)
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Legal Document (Payment Possibly Required) 63 Filed: 10/23/2017, Entered: 10/23/2017 Court Filing
Order by Judge Vince Chhabria granting 62 Stipulation Regarding Cross-Motions for Summary Judgment.(knm, COURT STAFF) (Filed on 10/23/2017)
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Legal Document (Payment Possibly Required) 62 Filed: 10/19/2017, Entered: 10/19/2017
STIPULATION WITH PROPOSED ORDER Regarding Cross-Motions for Summary Judgment filed by BDCA262. (Wimmer, Christopher) (Filed on 10/19/2017)
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Legal Document (Payment Possibly Required) 61 Filed: 10/11/2017, Entered: 10/11/2017 Court Filing
Order by Judge Vince Chhabria granting 60 Stipulation Extending Fact Discovery Cutoff for the Deposition of Robert Jaunich.(knm, COURT STAFF) (Filed on 10/11/2017)
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Legal Document (Payment Possibly Required) 60 Filed: 10/2/2017, Entered: 10/2/2017
STIPULATION WITH PROPOSED ORDER Extending Fact Discovery Cutoff for the Deposition of Robert Jaunich filed by XPO CNW, Inc., XPO Logistics, Inc.. (Knudson, Kelly) (Filed on 10/2/2017)
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Legal Document (Payment Possibly Required) 59 Filed: 9/8/2017, Entered: 9/8/2017
Certificate of Interested Entities by XPO CNW, Inc. re 58 Answer to Amended Complaint (Shmygol, Tatyana) (Filed on 9/8/2017)
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Legal Document (Payment Possibly Required) 58 Filed: 9/8/2017, Entered: 9/8/2017
Answer to Amended Complaint 53 Amended Complaint byXPO CNW, Inc.. (Shmygol, Tatyana) (Filed on 9/8/2017)
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Legal Document (Payment Possibly Required) 57 Filed: 9/8/2017, Entered: 9/8/2017
Answer to Amended Complaint 53 Amended Complaint byXPO Logistics, Inc.. (Shmygol, Tatyana) (Filed on 9/8/2017)
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Legal Document (Payment Possibly Required) 56 Filed: 8/25/2017, Entered: 8/25/2017
WAIVER OF SERVICE Returned Executed filed by BDCA262. Service waived by XPO CNW, Inc. waiver sent on 8/24/2017, answer due 10/23/2017. (Wimmer, Christopher) (Filed on 8/25/2017)
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Legal Document (Payment Possibly Required) 55 Filed: 8/21/2017, Entered: 8/21/2017 Court Filing
ORDER by Magistrate Judge Sallie Kim Re: 54 Revised Discovery Letter Brief. (mklS, COURT STAFF) (Filed on 8/21/2017)
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Legal Document (Payment Possibly Required) 54 Filed: 8/17/2017, Entered: 8/17/2017
Joint Discovery Letter Brief (Revised) Regarding Defendant XPO Logistics, Inc.'s Request for Protective Order Or, In The Alternative, To Quash Subpoena To Witness Christopher O'Brien filed by XPO Logistics, Inc.. (Shmygol, Tatyana) (Filed on 8/17/2017)
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Legal Document (Payment Possibly Required) 53 Filed: 8/15/2017, Entered: 8/15/2017
AMENDED COMPLAINT [First Amended Complaint and Jury Demand] against XPO Logistics, Inc., XPO CNW, Inc.. Filed byDonald BDCA262. (Wimmer, Christopher) (Filed on 8/15/2017)
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Legal Document (Payment Possibly Required) 52 Filed: 8/14/2017, Entered: 8/14/2017
ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, signed by Hon. Vince Chhabria.(knm, COURT STAFF) (Filed on 8/14/2017)
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Legal Document (Payment Possibly Required) 51 Filed: 8/14/2017, Entered: 8/14/2017 Court Filing
AMENDED ORDER REGARDING JOINT DISCOVERY LETTER BRIEF. Signed by Magistrate Judge Sallie Kim on 8/14/2017. (mklS, COURT STAFF) (Filed on 8/14/2017)
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Blank 50 Filed: 8/10/2017, Entered: 8/10/2017
Minute Entry for proceedings held before Hon. Vince Chhabria: Motion Hearing held on 8/10/2017 re 35 Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint filed by BDCA262. The Court will grant the motion to amend. Trial and pretrial dates and deadlines remain unchanged. Close of Fact Discovery due by 10/16/2017. Plaintiff will have 14 days to respond to any RFAs, Interrogatories, or RFPs made by the defendants. Last day to hear Dispositive Motion Hearing set for 11/30/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. FTR Time 10:23- 10:33. Plaintiff Attorney: Christopher Wimmer. Defendant Attorney: Tatyana Shmygol. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 8/10/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 8/10/2017, Entered: 8/10/2017 Court Filing
ORDER by Magistrate Judge Sallie Kim Re: 48 Discovery Letter Brief. (mklS, COURT STAFF) (Filed on 8/10/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 8/8/2017, Entered: 8/8/2017
Joint Discovery Letter Brief and Request for Protective Order Or, In The Alternative, To Quash Subpoena To Witness Christopher O'Brien filed by XPO Logistics, Inc.. (Shmygol, Tatyana) (Filed on 8/8/2017)
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Legal Document (Payment Possibly Required) 47 Filed: 8/3/2017, Entered: 8/3/2017 Court Filing
ORDER by Magistrate Judge Sallie Kim Re: 44 Discovery Letter Brief. (mklS, COURT STAFF) (Filed on 8/3/2017)
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Legal Document (Payment Possibly Required) 46 Filed: 8/2/2017, Entered: 8/2/2017 Court Filing
NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 8/2/2017. (mklS, COURT STAFF) (Filed on 8/2/2017)
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Blank  Filed: 8/2/2017, Entered: 8/2/2017
CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 8/2/2017)
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Legal Document (Payment Possibly Required) 45 Filed: 7/31/2017, Entered: 7/31/2017 Court Filing
ORDER REFERRING CASE to a randomly assigned Magistrate Judge for Discovery purposes. Signed by Judge Vince Chhabria on 7/31/2017. (knm, COURT STAFF) (Filed on 7/31/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 7/31/2017, Entered: 7/31/2017
Joint Discovery Letter Brief filed by XPO Logistics, Inc.. (Shmygol, Tatyana) (Filed on 7/31/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 7/20/2017, Entered: 7/20/2017
Order by Hon. Vince Chhabria granting 41 Stipulation Extending the Date for Defendant to Move to Compel Certain Discovery Responses.(knm, COURT STAFF) (Filed on 7/20/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 7/17/2017, Entered: 7/17/2017
REPLY (re 35 MOTION for Extension of Time to Amend 18 Case Management Conference - Initial,,,,, Set Deadlines/Hearings,,,, (Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint) ) filed byDonald BDCA262. (Wimmer, Christopher) (Filed on 7/17/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 7/14/2017, Entered: 7/14/2017
STIPULATION WITH PROPOSED ORDER re 38 Order on Stipulation Extending the Date for Defendant to Move to Compel Certain Discovery Responses filed by XPO Logistics, Inc.. (Shmygol, Tatyana) (Filed on 7/14/2017)
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Legal Document (Payment Possibly Required) 40 Filed: 7/10/2017, Entered: 7/10/2017
OPPOSITION/RESPONSE (re 35 MOTION for Extension of Time to Amend 18 Case Management Conference - Initial,,,,, Set Deadlines/Hearings,,,, (Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint) ) filed byXPO Logistics, Inc.. (Attachments: # 1 Declaration of Kelly Knudson with Exhibits A-E)(Knudson, Kelly) (Filed on 7/10/2017)
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Blank 39 Filed: 6/30/2017, Entered: 6/30/2017
CLERK'S NOTICE RESCHEDULING THE HEARING RE 35 MOTION for Leave to File Amended Complaint. Motion Hearing set for 8/10/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 6/30/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 6/29/2017, Entered: 6/29/2017
Order by Hon. Vince Chhabria granting 34 Stipulation Extending Fact Discovery Cutoff.(knm, COURT STAFF) (Filed on 6/29/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 6/26/2017, Entered: 6/26/2017
Declaration of Christopher Wimmer in Support of 35 MOTION for Extension of Time to Amend 18 Case Management Conference - Initial,,,,, Set Deadlines/Hearings,,,, (Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint) filed byDonald BDCA262. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 35 ) (Wimmer, Christopher) (Filed on 6/26/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 6/26/2017, Entered: 6/26/2017
Request for Judicial Notice re 35 MOTION for Extension of Time to Amend 18 Case Management Conference - Initial,,,,, Set Deadlines/Hearings,,,, (Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint) filed byDonald BDCA262. (Attachments: # 1 Exhibit 1)(Related document(s) 35 ) (Wimmer, Christopher) (Filed on 6/26/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 6/26/2017, Entered: 6/26/2017
MOTION for Leave to File Amended Complaint; (Plaintiff's Motion to Modify Scheduling Order and for Leave to File Amended Complaint) filed by BDCA262. (Attachments: # 1 Proposed Order)(Wimmer, Christopher) (Filed on 6/26/2017) Modified on 6/29/2017 (knm, COURT STAFF).
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Legal Document (Payment Possibly Required) 34 Filed: 6/26/2017, Entered: 6/26/2017
STIPULATION WITH PROPOSED ORDER Extending Fact Discovery Cutoff filed by BDCA262. (Wimmer, Christopher) (Filed on 6/26/2017) Modified on 6/29/2017 (knm, COURT STAFF).
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Blank 33 Filed: 6/12/2017, Entered: 6/12/2017
Certification of ADR Session by Mediator Robert Pohls: I hereby certify that the parties in this matter held a Mediation session on June 6, 2017. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (af, COURT STAFF) (Filed on 6/12/2017) Modified on 6/12/2017 (af, COURT STAFF). This is a text only docket entry; there is no document associated with this notice.
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Legal Document (Payment Possibly Required) 32 Filed: 4/26/2017, Entered: 4/26/2017 Court Filing
ORDER RE BDCA262 DEPOSITION. Signed by Judge Chhabria on 4/26/2017. (vclc3S, COURT STAFF) (Filed on 4/26/2017)
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Blank  Filed: 4/19/2017, Entered: 4/19/2017
Set/Reset Hearing Mediation Hearing set for 6/6/2017 10:00 AM., at 1300 Clay Street, Suite 600 in Oakland, California. (af, COURT STAFF) (Filed on 4/19/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 4/14/2017, Entered: 4/14/2017
Letter Brief Re Discovery Dispute filed byXPO Logistics, Inc.. (Attachments: # 1 Affidavit)(Shmygol, Tatyana) (Filed on 4/14/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 4/11/2017, Entered: 4/11/2017
Order by Hon. Vince Chhabria granting 29 Stipulation Regarding Extending Mediation Deadline and Substitution re Settlement Authority for Plaintiff.(knm, COURT STAFF) (Filed on 4/11/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 4/7/2017, Entered: 4/7/2017
STIPULATION WITH PROPOSED ORDER filed by BDCA262. (Wimmer, Christopher) (Filed on 4/7/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 2/27/2017, Entered: 2/27/2017
Pre MED phone conference scheduled on 3/1/2017 at 10:00 AM. Parties should contact the Mediator if this time does not work for them. (af, COURT STAFF) (Filed on 2/27/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Legal Document (Payment Possibly Required) 27 Filed: 2/22/2017, Entered: 2/22/2017
Order by Hon. Vince Chhabria granting 26 Stipulated Protective Order.(knm, COURT STAFF) (Filed on 2/22/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 2/17/2017, Entered: 2/17/2017
STIPULATION WITH PROPOSED ORDER [Proposed] Stipulated Protective Order filed by BDCA262. (Wimmer, Christopher) (Filed on 2/17/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 2/14/2017, Entered: 2/14/2017
ADR Clerk's Notice Appointing Robert Pohls as Mediator. (af, COURT STAFF) (Filed on 2/14/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 1/26/2017, Entered: 1/26/2017
Order by Hon. Vince Chhabria granting 23 Stipulation selecting Mediation and setting deadline to complete of 4/7/2017.(knm, COURT STAFF) (Filed on 1/26/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 1/25/2017, Entered: 1/25/2017
STIPULATION and Proposed Order selecting Mediation by XPO Logistics, Inc. filed by XPO Logistics, Inc.. (Knudson, Kelly) (Filed on 1/25/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 1/13/2017, Entered: 1/13/2017 Court Filing
ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Judge Vince Chhabria on 1/13/2017. (knm, COURT STAFF) (Filed on 1/13/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 1/12/2017, Entered: 1/12/2017
RESPONSE TO ORDER TO SHOW CAUSE by BDCA262 refiled with signature. (Attachments: # 1 Declaration of C. Wimmer)(Wimmer, Christopher) (Filed on 1/12/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 1/12/2017, Entered: 1/12/2017
RESPONSE TO ORDER TO SHOW CAUSE by BDCA262 . (Attachments: # 1 Declaration of C. Wimmer)(Wimmer, Christopher) (Filed on 1/12/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
ORDER TO SHOW CAUSE. Response due by 1/12/2017. Signed by Judge Chhabria on 1/10/2017. (vclc3S, COURT STAFF) (Filed on 1/10/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 1/10/2017, Entered: 1/10/2017
Minute Entry for proceedings held before Hon. Vince Chhabria: Initial Case Management Conference held on 1/10/2017. The Court orders ADR to be completed by 4/7/2017 once ADR selection has been made. Last day to file amended pleadings is 2/10/2017. Opening Reports due by 7/21/2017. Rebuttal Reports due by 8/18/2017. Close of Expert Discovery due by 9/15/2017. Close of Fact Discovery due by 7/7/2017. Last day to hear dispositive motions set for 11/9/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Final Pretrial Conference set for 1/8/2018 01:30 PM in Courtroom 4, 17th Floor, San Francisco. Jury Trial set for 1/22/2018 08:30 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. OSC to issue regarding plaintiff counsels' failure to appear for the initial case management conference. Total Time in Court 2 minutes. Hearing not reported or recorded. Plaintiff Attorney : no appearance by counsel. Defendant Attorney Kelly Knudson. This is a text only Minute Entry (knm, COURT STAFF) (Date Filed: 1/10/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 12/21/2016, Entered: 12/21/2016 Court Filing
CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 1/10/2017 01:30 PM in Courtroom 4, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 12/21/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 12/19/2016, Entered: 12/19/2016
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Knudson, Kelly) (Filed on 12/19/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 12/16/2016, Entered: 12/16/2016
JOINT CASE MANAGEMENT STATEMENT , Rule 26(f) Report and [Proposed] Order filed by BDCA262. (Wimmer, Christopher) (Filed on 12/16/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 11/30/2016, Entered: 11/30/2016
Certificate of Interested Entities by BDCA262 (Wimmer, Christopher) (Filed on 11/30/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 11/29/2016, Entered: 11/29/2016 Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 11/29/2016. (Attachments: # 1 Notice of Eligibility for Video Recording)(vlk, COURT STAFF) (Filed on 11/29/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 11/28/2016, Entered: 11/28/2016 Court Filing
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. (vlkS, COURT STAFF) (Filed on 11/28/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 11/28/2016, Entered: 11/28/2016 Court Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by XPO Logistics, Inc... (Knudson, Kelly) (Filed on 11/28/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 11/18/2016, Entered: 11/18/2016
CERTIFICATE OF SERVICE by XPO Logistics, Inc. (Knudson, Kelly) (Filed on 11/18/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 11/17/2016, Entered: 11/17/2016
CERTIFICATE OF SERVICE by XPO Logistics, Inc. re 1 Notice of Removal, of Civil Action Pursuant to Diversity of Citizenship Jurisdiction (Knudson, Kelly) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 11/17/2016, Entered: 11/17/2016
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/8/2017. Case Management Conference set for 2/15/2017 01:30 PM. (vlkS, COURT STAFF) (Filed on 11/17/2016)
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Blank  Filed: 11/17/2016, Entered: 11/17/2016
Answer to Removal Complaint byXPO Logistics, Inc.. (vlkS, COURT STAFF) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
Case assigned to Magistrate Judge Donna M. Ryu. 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. Consent/Declination due by 12/1/2016. (cfeS, COURT STAFF) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 11/17/2016, Entered: 11/17/2016
Defendant XPO Logistics, Inc.'s Fed. R. Civ. P. Rule 7.1 Disclosure Statement by XPO Logistics, Inc. (Knudson, Kelly) (Filed on 11/17/2016) Modified on 11/17/2016 (vlkS, COURT STAFF).
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Legal Document (Payment Possibly Required) 5 Filed: 11/17/2016, Entered: 11/17/2016
Certificate of Interested Entities by XPO Logistics, Inc. (Knudson, Kelly) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 11/17/2016, Entered: 11/17/2016
Civil Cover Sheet by XPO Logistics, Inc. . (Knudson, Kelly) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 11/17/2016, Entered: 11/17/2016
Declaration of Kelly Knudson in Support of 1 Notice of Removal, of Civil Action Pursuant to Diversity of Citizenship Jurisdiction filed byXPO Logistics, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 1 ) (Knudson, Kelly) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 11/17/2016, Entered: 11/17/2016
Declaration of Dan Egeler in Support of 1 Notice of Removal, of Civil Action Pursuant to Diversity of Citizenship Jurisdiction filed byXPO Logistics, Inc.. (Related document(s) 1 ) (Knudson, Kelly) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 11/17/2016, Entered: 11/17/2016
NOTICE OF REMOVAL of Civil Action Pursuant to Diversity of Citizenship Jurisdiction from San Mateo County Superior. Their case number is 16CIV01943. (Filing fee $400 receipt number 0971-10938819). Filed byXPO Logistics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Knudson, Kelly) (Filed on 11/17/2016)
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