Victor Yustman et al v. United Airlines, Inc. et al
| California Central District Court | |
| Judge: | Dale S Fischer |
| Referred: | John E Mcdermott |
| Case #: | 2:21-cv-09432 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Dec 06, 2021 |
| Terminated: | Mar 11, 2022 |
| Last checked: Saturday Jun 04, 2022 2:22 AM PDT |
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Defendant
United Airlines Consolidated Welfare Benefit Plan
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Represented By
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Defendant
United Airlines, Inc.
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Represented By
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Defendant
United Airlines Frontline Voluntary Separation Leave Program
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Represented By
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Defendant
United Airlines Retiree Medical Program
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Represented By
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Plaintiff
Maria Deglauve
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Represented By
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Plaintiff
Victoria Fellows
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Represented By
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Plaintiff
Ernest Hewson
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Represented By
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Plaintiff
Bernhard J. Ornellas
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Represented By
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Plaintiff
Ron Ozaki
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Represented By
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Plaintiff
Victor Yustman
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM PDT |
| Friday, March 11, 2022 | ||
| 33 | 33
order
Transfer Case
Fri 03/11 9:05 AM
ORDER by Judge Dale S. Fischer GRANTING MOTION to Transfer17 this action to the Northern District of Ilinois Pursuant to 28 USC section 1040. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) |
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misc
Receipt of Case by Other District (Electronic Case Transfer)
Mon 03/14 10:27 AM
TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Northern District of Illinois, 1:22-cv-01311 filed 3/11/2022. (iv) |
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| Thursday, March 10, 2022 | ||
| 32 | 32
stip
Vacate
Thu 03/10 2:12 PM
Joint STIPULATION to Vacate March 28, 2022 Hearing and Other Deadlines Pending Decision on Defendants' Unopposed Motion to Transfer filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman.(Meter, Susan) |
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Att: 1
Proposed Order
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| Monday, March 07, 2022 | ||
| 31 | 31
respm
Non-Opposition to Motion
Mon 03/07 4:51 PM
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois 17 filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth) |
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| Wednesday, March 02, 2022 | ||
| 30 | 30
misc
Civil Cover Sheet (CV-71)
Wed 03/02 4:45 PM
AMENDED CIVIL COVER SHEET filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Meter, Susan) |
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| 29 | 29
othcmp
Amended Complaint/Petition
Wed 03/02 4:44 PM
FIRST AMENDED COMPLAINT against Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. amending Complaint (Attorney Civil Case Opening),,1 JURY DEMAND, filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Ron Ozaki, Victor Yustman, Bernhard J. Ornellas(Meter, Susan) |
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| Tuesday, March 01, 2022 | ||
| 28 | 28
motion
Appear Pro Hac Vice (G-64)
Tue 03/01 4:19 PM
Amended APPLICATION of Non-Resident Attorney Scott M. Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500.00 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth) |
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Att: 1
Proposed Order
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| Thursday, February 24, 2022 | ||
| 27 | 27
order
Response By Court to Notice of Deficiencies (G-112B) - optional html form
Thu 02/24 9:02 AM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously)25 by Clerk of Court to Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 3/7/2022. (jp) |
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| Wednesday, February 23, 2022 | ||
| 26 | 26
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Wed 02/23 6:27 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previousl25 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): NJ and PA missing. (lt) |
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| Thursday, February 17, 2022 | ||
| 25 | 25
motion
Appear Pro Hac Vice (G-64)
Thu 02/17 3:05 PM
Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth) |
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Att: 1
Proposed Order
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| 24 | 24
2
pgs
order
Order ~Util - Terminate Hearings ~Util - Set/Reset Motion Hearing and R&R Deadlines
Thu 02/17 11:33 AM
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Continue Hearing and Briefing22 on Defendants' Motion to Dismiss Complaint16 and Motion to Transfer17 to 3/28/2022 at 01:30 PM. See Order for specifics. (jp) |
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| Tuesday, February 15, 2022 | ||
| 23 | 23
order
Response By Court to Notice of Deficiencies (G-112B) - optional html form
Tue 02/15 5:44 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid)19 by Clerk of Court to Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 2/25/2022. (jp) |
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| 22 | 22
stip
Continue
Tue 02/15 3:27 PM
Joint STIPULATION to Continue hearing and briefing on Defendants' Motion to Dismiss complaint and Motion to Transfer from Hearing Date of March 14, 2022; Plaintiffs' response date of February 18, 2022; Defendants' reply date of February 28, 2022 to Hearing Date of March 28, 2022; Plaintiffs' response date of March 7, 2022; Defendants' reply date of March 14, 2022 Re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 16 , NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois 17 filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman.(Hopkins, Elizabeth) |
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Att: 1
Proposed Order
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| 21 | 21
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Tue 02/15 1:35 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid19 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.2(a) Applicant resides in California. Other error(s) with document(s): There is a question as to which state Mr. Lempert works. Application has attorney in PA. PA and NJ bars have him in DC; and DC bar has him in CA. (lt) |
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| 20 | 20
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 02/15 11:26 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Susan L Meter counsel for Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. Adding Susan L. Meter as counsel of record for Plaintiffs Victor Yustman, Victoria Fellows, Maria Deglauve, Ron Ozaki, Bernhard J. Ornellas, and Ernest Hewson, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiffs Victor Yustman, Victoria Fellows, Maia Deglauve, Ron Ozaki, Bernhard J. Ornellas, and Ernest Hewson, individually and on behalf of all others similarly situated. (Attorney Susan L Meter added to party Maria Deglauve(pty:pla), Attorney Susan L Meter added to party Victoria Fellows(pty:pla), Attorney Susan L Meter added to party Ernest Hewson(pty:pla), Attorney Susan L Meter added to party Bernhard J. Ornellas(pty:pla), Attorney Susan L Meter added to party Ron Ozaki(pty:pla), Attorney Susan L Meter added to party Victor Yustman(pty:pla))(Meter, Susan) |
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| 19 | 19
motion
Appear Pro Hac Vice (G-64)
Tue 02/15 9:32 AM
[DOCUMENT STRICKEN PER ORDER DATED ON 2/15/2022, SEE DOCKET ENTRY NO.23 ] - APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Attorney Elizabeth Hopkins added to party Ernest Hewson(pty:pla)) (Hopkins, Elizabeth) Modified on 2/15/2022 (jp) |
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Att: 1
Proposed Order
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| Monday, February 14, 2022 | ||
| 18 | 18
order
Initial Order Setting R26 Scheduling Conference - form only
Mon 02/14 10:42 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 3/28/2022 at 11:00 AM before Judge Dale S. Fischer. (rfi) |
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| Friday, February 11, 2022 | ||
| 17 | 17
motion
Transfer Case
Fri 02/11 9:17 PM
NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois filed by Defendant United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc.. Motion set for hearing on 3/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Boyle, Brian) |
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Att: 1
Declaration of Lincoln Lounsbury,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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| 16 | 16
motion
Dismiss Case
Fri 02/11 9:00 PM
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendant United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc.. Motion set for hearing on 3/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Boyle, Brian) |
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Att: 1
Declaration of Lincoln Lounsbury,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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| 15 | 15
misc
Corporate Disclosure Statement
Fri 02/11 3:09 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. identifying United Airlines Holdings, Inc. as Corporate Parent. (Morales, Michael) |
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| 14 | 14
notice
Certificate/Notice of Interested Parties
Fri 02/11 3:01 PM
Certification and NOTICE of Interested Parties filed by Defendants All Defendants, identifying United Airlines Holdings, Inc. and Zurich American Insurance Company. (Morales, Michael) |
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| 13 | 13
notice
Appearance
Fri 02/11 2:49 PM
NOTICE of Appearance filed by attorney Jason Matthew Zarrow on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Jason Matthew Zarrow added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines Retiree Medical Program(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines, Inc.(pty:dft))(Zarrow, Jason) |
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| 12 | 12
notice
Appearance
Fri 02/11 2:40 PM
NOTICE of Appearance filed by attorney Brian David Boyle on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Brian David Boyle added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Brian David Boyle added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Brian David Boyle added to party United Airlines Retiree Medical Program(pty:dft), Attorney Brian David Boyle added to party United Airlines, Inc.(pty:dft))(Boyle, Brian) |
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| Friday, February 04, 2022 | ||
| 11 | 11
notice
Appearance
Fri 02/04 12:42 PM
NOTICE of Appearance filed by attorney Michael Tristan Morales on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Michael Tristan Morales added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Michael Tristan Morales added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Michael Tristan Morales added to party United Airlines Retiree Medical Program(pty:dft), Attorney Michael Tristan Morales added to party United Airlines, Inc.(pty:dft))(Morales, Michael) |
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| Tuesday, December 14, 2021 | ||
| 10 | 10
service
Waiver of Service Executed
Tue 12/14 10:39 AM
WAIVER OF SERVICE Returned Executed filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ron Ozaki, Victor Yustman, Bernhard J. Ornellas, Ernest Hewson. upon United Airlines Consolidated Welfare Benefit Plan waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines Frontline Voluntary Separation Leave Program waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines Retiree Medical Program waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines, Inc. waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022. Waiver of Service signed by Tristan Morales, Esq. of O'Melveny & Myers, LLP. (Meter, Susan) |
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| Thursday, December 09, 2021 | ||
| 9 | 9
service
Summons Issued (Attorney Civil Case Opening)
Thu 12/09 8:50 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,1 as to Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (jtil) |
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| 8 | 8
order
Initial Order upon Filing of Complaint - form only
Thu 12/09 8:18 AM
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) |
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| Wednesday, December 08, 2021 | ||
| 7 | 7
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Wed 12/08 5:24 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 12/08 5:23 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Wed 12/08 5:23 PM
NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge John E. McDermott. (jtil) |
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| Monday, December 06, 2021 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Mon 12/06 12:33 PM
NOTICE of Interested Parties filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN, (Hopkins, Elizabeth) |
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| 3 | 3
notice
Summons Request
Mon 12/06 12:32 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,1 filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN. (Hopkins, Elizabeth) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Mon 12/06 12:31 PM
CIVIL COVER SHEET filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN. (Hopkins, Elizabeth) |
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19
pgs
cmp
Complaint (Attorney Civil Case Opening)
Mon 12/06 12:30 PM
COMPLAINT Receipt No: ACACDC-32430459 - Fee: $402, filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, RON OZAKI, VICTOR YUSTMAN, BERNHARD J ORNELLAS. (Attorney Elizabeth Hopkins added to party MARIA DEGLAUVE(pty:pla), Attorney Elizabeth Hopkins added to party VICTORIA FELLOWS(pty:pla), Attorney Elizabeth Hopkins added to party BERNHARD J ORNELLAS(pty:pla), Attorney Elizabeth Hopkins added to party RON OZAKI(pty:pla), Attorney Elizabeth Hopkins added to party VICTOR YUSTMAN(pty:pla))(Hopkins, Elizabeth) |
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