NAVARRETE v. WHOLE FOODS

District Of Columbia District Court
Judge:	Amy Berman Jackson
Case #:	1:22-cv-02393
Nature of Suit	442 Civil Rights - Employment
Cause	28:1441 Petition for Removal - Employment Discrim

Case Filed:	Aug 12, 2022
Terminated:	Jan 30, 2025
Case in other court:	DC Superior Court, 2022 CA 02945 B

Last checked: Friday Feb 10, 2023 12:13 PM EST

Defendant WHOLE FOODS	Represented By Steven E. Kaplan Littler Mendelson, P.C. contact info Bradley Tobias Littler Mendelson, P.C. contact info
Plaintiff VICTOR NAVARRETE VANESSA 323 Upshur Street, NW Washington, DC 20011

GPO Feb 02 2023
MEMORANDUM OPINION AND ORDER. Defendant's 3 motion to dismiss under Rule 12(b)(5) is DENIED without prejudice to its being refiled if service is not completed properly. It is further ORDERED that plaintiff shall effect service in compliance with Federal Rule of Civil Procedure 4 and file proof of service with the Court by March 20, 2023. The Rule 12(b)(6) motion will be held in abeyance pending resolution of the service issue. Defendant's 3 motion for summary judgment is DENIED as moot. See Memorandum Opinion and Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2023.(lcabj1)

GPO Jan 30 2025
MEMORANDUM OPINION. Signed by Amy Berman Jackson on 1/30/2025. (lcabj1)

Docket last updated: 04/03/2025 11:59 PM EDT

Thursday, January 30, 2025
31		31 order .Order Thu 01/30 12:11 PM ORDER granting in part and denying in part13 plaintiff's motion for leave to amend her complaint, and granting 16 defendant's motion for summary judgment. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/30/2025. (lcabj1) Related: [-]
30		30 22 pgs order Memorandum & Opinion Thu 01/30 12:08 PM MEMORANDUM OPINION. Signed by Amy Berman Jackson on 1/30/2025. (lcabj1) Related: [-]
Tuesday, December 10, 2024
29		29 motion Telephone Conference Tue 12/10 10:00 AM MOTION for Telephone Conference by VICTOR NAVARRETE. (Wilkenfeld, Ari) Related: [-]
Friday, March 29, 2024
		order Order on Motion for Miscellaneous Relief Fri 03/29 3:58 PM MINUTE ORDER. It is ORDERED that plaintiff's unopposed request to change her name on the docket from "Vanessa" Navarrete to "Ximena" Navarrete is GRANTED. The Clerk of the Court is ORDERED to change plaintiff's name, and the parties should use this on future case filings. The28 Motion for a Rule 16 Conference is otherwise DENIED. Proceedings under Rule 16, consideration of the question of consolidation with case 22-3294 further briefing of the motion for leave to amend, or discussion about whether this will be a trial by jury should all await the resolution of whether claims may proceed against the Whole Foods entities at all. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/29/2024. (lcabj1) Related: [-]
Wednesday, March 27, 2024
28		28 motion Miscellaneous Relief Wed 03/27 4:46 PM MOTION for a Rule 16 Conference by VICTOR NAVARRETE.(Wilkenfeld, Ari) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, January 25, 2024
27		27 notice Notice of Appearance Thu 01/25 12:07 PM NOTICE of Appearance by Ari Micah Wilkenfeld on behalf of VICTOR NAVARRETE (Wilkenfeld, Ari) Related: [-]
Wednesday, July 05, 2023
26		26 order Leave to File Denied Thu 07/06 2:32 PM LEAVE TO FILE DENIED- VICTOR NAVARRETE - RESPONSE. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied pursuant to the Court's minute order of June 23, 2023." Signed by Judge Amy Berman Jackson on 07/05/2023. (zjm) Related: [-]
Friday, June 23, 2023
		order Order on Motion for Leave to File Fri 06/23 4:31 PM MINUTE ORDER denying23 motion for leave to file a sur-reply to defendant's sur-reply. The matter has been extensively briefed, and if the Court determines that additional submissions would be helpful on any issue, it will call for them. Signed by Judge Amy Berman Jackson on 6/23/2023. (lcabj1) Related: [-]
Wednesday, June 21, 2023
25		25 respm Response to motion Wed 06/21 10:08 AM RESPONSE re23 MOTION for Leave to File A Sur-Response to Defendants' Sur-Reply filed by WHOLE FOODS. (Kaplan, Steven) Related: [-]
Tuesday, June 20, 2023
24		24 respm Surreply Tue 06/20 11:59 AM SURREPLY to Plaintiff's Motion for Leave to File an Amended Complaint, and In the Alternative, Reply in Support of Its Motion for Summary Judgment filed by WHOLE FOODS.(Kaplan, Steven) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4
Tuesday, June 13, 2023
23		23 motion Leave to File Document Fri 06/16 12:27 PM MOTION for Leave to File a Sur-Response to Defendants Sur-Reply by VICTOR NAVARRETE.(zjm) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Text of Proposed Order
Tuesday, June 06, 2023
		order Order on Motion for Leave to File Set/Reset Deadlines Tue 06/06 1:42 PM MINUTE ORDER granting19 Motion for Leave to File. Defendant must file its sur-reply to plaintiff's reply to defendants' opposition to plaintiff's Motion for Leave to File an Amended Complaint and reply to plaintiff's opposition to defendants' motion for summary judgment by June 20, 2023. The page limit for defendant's reply to plaintiff's opposition to defendants' motion for summary judgment is extended by 5 pages for a total of up to 30 pages. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/6/2023. (lcabj1) Related: [-]
Thursday, June 01, 2023
22		22 5 pgs respm Memorandum in opposition to motion Tue 06/06 3:04 PM Memorandum in opposition to re19 Motion for Leave to File, filed by VICTOR NAVARRETE. (zjm) Related: [-]
Wednesday, May 31, 2023
21		21 respm Reply to (non-motion) Document Thu 06/01 11:20 AM REPLY re13 Summons Returned Executed filed by VICTOR NAVARRETE. (See Docket Entry20 to view document) (zjm) Related: [-]
20		20 30+ pgs respm Memorandum in opposition to motion Thu 06/01 11:16 AM Memorandum in opposition to re 16 Motion for Summary Judgment filed by VICTOR NAVARRETE. "Leave to File Granted as Plaintiff's Combined Opposition to Defendants' Motion for Summary Judgment14 and Reply inSupport of Her Motion to Amend13 ." signed by Judge Amy Berman Jackson on 05/31/2023(zjm) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibits,
		Att: 3 Text of Proposed Order,
		Att: 4 Certificate of Service
Thursday, May 25, 2023
19		19 motion Leave to File Document Thu 05/25 1:30 PM MOTION for Leave to File A Sur-Reply to Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Leave to File an Amended Complaint, For An Extension of Time For Defendants to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment, and for Additional Pages by WHOLE FOODS.(Kaplan, Steven) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Text of Proposed Order
Tuesday, April 25, 2023
18		18 order Leave to File Denied Wed 04/26 11:57 AM LEAVE TO FILE DENIED- VICTOR NAVARRETE - Return of Service. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied. Relates to amended complaint that plaintiff was denied leave to file." Signed by Judge Amy Berman Jackson on 04/25/2023. (zjm) Related: [-]
Friday, April 21, 2023
17		17 order Leave to File Denied Mon 04/24 3:37 PM LEAVE TO FILE DENIED- VICTOR NAVARRETE - Amended Complaint and (3) Summons This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied. Filing was transmitted to the court and the defendant without the necessary motion for leave to file." Signed by Judge Amy Berman Jackson on 04/21/2023. (zjm) Related: [-]
		order .Order Fri 04/21 3:37 PM MINUTE ORDER. Given the pendency of the prior motion for leave to amend the complaint13 , and defendant's opposition14 , which includes a motion for summary judgment 16 that would dispose of all claims against the Whole Foods entities, plaintiff must await a resolution of those motions before submitting yet another version of the complaint in this case. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/2023. (lcabj1) Related: [-]
Tuesday, April 18, 2023
15		15 order .Order ~Util - Set/Reset Deadlines Tue 04/18 1:03 PM ORDER. Plaintiff is ORDERED to file her opposition or other response to Section P of defendants' motion14 , in which defendants have moved for summary judgment with respect to the question of whether Whole Foods was her employer, by May 18, 2023. Plaintiff's opposition can be combined with her reply to the defendants'14 opposition to her motion for leave to amend. While in accordance with Rule 56, plaintiff may attach declarations and exhibits that go to the employment question, those are the only exhibits that can be attached to the next pleading; it would not be appropriate to attach them to a reply to an opposition to a motion for leave to amend. If plaintiff fails to file a timely response, the Court may accept any facts set forth in defendants' motion for summary judgment as true, and it may decide the matter in defendants favor without the benefit of plaintiff's position. See Order for further details. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/18/2023. (lcabj1) Related: [-]
Friday, April 14, 2023
16		16 motion Summary Judgment Thu 04/20 12:05 PM MOTION for Summary Judgment by WHOLE FOODS. (See Docket Entry14 to view document). (znmw) Related: [-]
14		14 respm Response to (non-motion) Document Fri 04/14 10:36 AM RESPONSE re3 /Opposition to Plaintiff's Motion for Leave to File An Amended Complaint, or in the Alternative, for Summary Judgment filed by WHOLE FOODS.(Kaplan, Steven) Modified to add link on 4/14/2023 (znmw) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Text of Proposed Order
Thursday, March 23, 2023
		order .Order ~Util - Set/Reset Deadlines Thu 03/23 5:08 PM MINUTE ORDER. The Court will treat13 plaintiff's Return of Service as a motion for leave to file an amended complaint. Defendant must respond by April 14, 2023. Signed by Judge Amy Berman Jackson on 3/23/2023. (lcabj1) Related: [-]
Friday, March 17, 2023
13		13 service Summons Returned as to private individual or business Thu 03/23 11:12 AM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WHOLE FOODS served on 3/17/2023, answer due 4/7/2023 (Attachment: #1 Exhibit)(zjm) Related: [-]
		service Summons Issued Fri 03/17 2:54 PM Summons (1) Issued as to WHOLE FOODS. (zsl) Related: [-]
Tuesday, February 07, 2023
12		12 notice Notice (Other) Fri 02/10 9:10 AM NOTICE of Name Change by VICTOR NAVARRETE (zjm) Related: [-]
Thursday, February 02, 2023
11		11 8 pgs order Order on Motion to Dismiss Order on Motion for Summary Judgment Set/Reset Deadlines Thu 02/02 11:20 AM MEMORANDUM OPINION AND ORDER. Defendant's3 motion to dismiss under Rule 12(b)(5) is DENIED without prejudice to its being refiled if service is not completed properly. It is further ORDERED that plaintiff shall effect service in compliance with Federal Rule of Civil Procedure 4 and file proof of service with the Court by March 20, 2023. The Rule 12(b)(6) motion will be held in abeyance pending resolution of the service issue. Defendant's3 motion for summary judgment is DENIED as moot. See Memorandum Opinion and Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2023.(lcabj1) Related: [-]
Thursday, December 15, 2022
		order Order on Motion to Remand to State Court Thu 12/15 3:40 PM MINUTE ORDER denying5 Motion to Remand to State Court. Plaintiff's consent was not required for removal, and there is a basis for federal jurisdiction as stated in the1 Notice of Removal. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/15/2022. (lcabj1) Related: [-]
Monday, September 26, 2022
10		10 respm Reply to opposition to motion Tue 09/27 4:57 PM REPLY to opposition to motion re5 MOTION to Remand to State Court filed by VICTOR NAVARRETE. (znmw) (znmw) Related: [-]
		Att: 1 (9/27/2022) Exhibits
Tuesday, September 20, 2022
8		8 misc Receipt of Superior Court Transfer Documents Tue 09/20 11:52 AM Receipt on 9/20/2022 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2022 CA 02945 B. (znmw) Related: [-]
Friday, September 16, 2022
7		7 respm Response to motion Fri 09/16 11:12 AM RESPONSE re5 MOTION to Remand to State Court and Reply in Support of Its Motion to Dismiss Plaintiff's Complaint filed by WHOLE FOODS. (Kaplan, Steven) Related: [-]
		respm Reply to opposition to motion Tue 09/27 4:56 PM REPLY to opposition to motion re3 MOTION to Dismiss , or in the Alternative, For Summary Judgment MOTION for Summary Judgment filed by WHOLE FOODS. (See Docket Entry7 to view document). (znmw) Related: [-]
Thursday, September 08, 2022
6		6 notice Notice of Appearance Thu 09/08 5:33 PM NOTICE of Appearance by Bradley Tobias on behalf of WHOLE FOODS (Tobias, Bradley) Related: [-]
Tuesday, September 06, 2022
5		5 motion Remand to State Court Wed 09/07 9:46 AM MOTION to Remand to State Court by VICTOR NAVARRETE. "Leave to File Granted," signed by Judge Amy B. Jackson on 9/6/2022. (znmw) Related: [-]
Friday, August 19, 2022
4		4 order .Order ~Util - Set/Reset Deadlines Fri 08/19 5:09 PM ORDER. Plaintiff is ORDERED to respond to defendant's motion to dismiss, or in the alternative, for summary judgment on or before September 16, 2022. If plaintiff fails to file a timely response, the Court may grant the motion to dismiss as conceded or accept any facts set forth in defendants motion for summary judgment as true, and it may decide the matter in defendants favor without the benefit of plaintiff's position. Signed by Judge Amy Berman Jackson on 8/19/2022. (lcabj1) Related: [-]
3		3 motion Dismiss Fri 08/19 1:23 PM MOTION to Dismiss , or in the Alternative, For Summary Judgment by WHOLE FOODS.(Kaplan, Steven) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Exhibit 1- Statement of Facts,
		Att: 3 Exhibit 1 to SOF,
		Att: 4 Exhibit 2 to SOF,
		Att: 5 Exhibit 2,
		Att: 6 Text of Proposed Order
Friday, August 12, 2022
2		2 notice Notice to Counsel/Party Fri 08/12 3:44 PM NOTICE to Counsel/Party re1 Notice of Removal (Attachment: #1 Notice and Consent)(znmg) Related: [-]
1		1 5 pgs cmp Notice of Removal Fri 08/12 2:41 PM NOTICE OF REMOVAL from Superior Court for the District of Columbia, case number 2022 CA 02945 Filing fee $ 402, receipt number ADCDC-9439421 filed by WHOLE FOODS.(Kaplan, Steven) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Notice to Counsel/Party,
		Att: 3 Superior Court Documents,
		Att: 4 Notice of Filing Removal
		utility Case Assigned/Reassigned Fri 08/12 3:40 PM Case Assigned to Judge Amy Berman Jackson. (znmg) Related: [-]

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