California Eastern District Court
Judge:Troy L Nunley
Referred: Sean C Riordan
Case #: 2:24-cv-01335
Nature of Suit190 Contract - Other Contract
Cause28:2201 Declaratory Judgement
Case Filed:May 09, 2024
Terminated:Dec 03, 2024
Last checked: Tuesday Nov 05, 2024 12:28 AM PST
Defendant
Paychex, Inc.
Represented By
Alec DiMario
contact info
Plaintiff
Nancy Linn
Represented By
Thomas Eugene Hookano
Law Offices Of Thomas E. Ho'Okano
contact info
Plaintiff
Simple Traditions, Inc.
Represented By
Thomas Eugene Hookano
Law Offices Of Thomas E. Ho'Okano
contact info

GPO Dec 03 2024
ORDER signed by Chief District Judge Troy L. Nunley on 12/2/2024 GRANTING 5 Motion to Compel Arbitration and DISMISSING this action with prejudice. CASE CLOSED. (Zignago, K.)

Docket last updated: 04/25/2025 11:59 PM PDT
Friday, April 18, 2025
36 36 9 pgs order Order on Motion for Reconsideration Fri 04/18 9:16 AM
ORDER signed by Chief District Judge Troy L. Nunley on 4/17/2025 GRANTING IN PART AND DENYING IN PART22 Motion for Reconsideration as follows: The Court GRANTS Plaintiffs' Motion to Reconsider that the requirement to arbitrate in Rochester, New York is substantively unconscionable; and The Court DENIES Plaintiffs' Motion as to the Court's decision not to consider the limitations on liability argument. The provision of the Agreement that requires arbitration to occur in Rochester, New York is severed from the arbitration clause. The instant action remains DISMISSED with prejudice and the case shall remain CLOSED. (Deputy Clerk LMS)
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Tuesday, February 25, 2025
35 35 misc Objections Tue 02/25 11:32 AM
OBJECTIONS by Defendant Paychex, Inc. to34 Supplement. (Ginsburg, Reuben)
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Monday, February 24, 2025
34 34 misc Supplement Mon 02/24 3:42 PM
NOTICE of SUPPLEMENTAL AUTHORITY by Nancy Linn. (Hookano, Thomas) Modified on 2/24/2025 (MDK)
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Tuesday, February 04, 2025
33 33 order Minute Order Tue 02/04 2:47 PM
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 2/4/2025: Pursuant to the Court's Minute Order issued on 12/30/2024 the hearing set for 2/13/2025 was vacated (ECF No. 24). Accordingly, Defendant's Request for Telephonic Appearance (ECF No.32 ) is DENIED as MOOT. (TEXT ONLY ENTRY) (Deputy Clerk MDK)
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32 32 misc Request for Telephonic/Remote Appearance Tue 02/04 2:34 PM
REQUEST FOR TELEPHONIC APPEARANCE by Defendant at the Motion for Reconsideration hearing.(Ginsburg, Reuben) Modified on 2/4/2025 (MDK)
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Att: 1 Proposed Order
Monday, January 27, 2025
31 31 respm Declaration Mon 01/27 3:55 PM
DECLARATION of Nancy Liinn in support of22 Motion for Reconsideration. (Hookano, Thomas)
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30 30 respm Declaration Mon 01/27 3:50 PM
DECLARATION of Nancy Liinn in support of22 Motion for Reconsideration. (Hookano, Thomas)
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29 29 8 pgs respm Memorandum in Support of Motion Mon 01/27 3:43 PM
REPLY MEMORANDUM by Nancy Linn in SUPPORT of22 Motion for Reconsideration. (Hookano, Thomas) Modified on 1/27/2025 (MDK)
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Thursday, January 16, 2025
28 28 respm Opposition to Motion Thu 01/16 10:04 PM
OPPOSITION by Paychex, Inc. to22 Motion for Reconsideration. Attorney Ginsburg, Reuben Alexander added. (Ginsburg, Reuben)
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Thursday, January 02, 2025
27 27 9 pgs respm Memorandum in Support of Motion Thu 01/02 11:39 AM
MEMORANDUM by Simple Traditions, Inc. in SUPPORT of22 Motion for Reconsideration. (Hookano, Thomas)
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26 26 order Minute Order Thu 01/02 9:32 AM
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 1/2/2025: Plaintiff's Memorandum in Support of the Motion for Reconsideration (ECF No.25 ) is improperly formatted and is hereby STRICKEN. Plaintiff shall properly refile the Memorandum to conform with Local Rule 130 and this Court's page limits. (TEXT ONLY ENTRY) (Deputy Clerk MDK)
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Tuesday, December 31, 2024
25 25 30+ pgs respm Memorandum in Support of Motion Tue 12/31 11:55 PM
MEMORANDUM by Simple Traditions, Inc. in SUPPORT of22 Motion for Reconsideration. (Hookano, Thomas)
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Monday, December 30, 2024
24 24 order Minute Order ~Util - Motions Submitted/Under Advisement Mon 12/30 2:45 PM
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 12/30/2024: On the Court's own motion, Plaintiff's Motion for Reconsideration (ECF No.22 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 2/13/2025 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. All briefing shall be filed in accordance with Local Rule 230(c) and (d). (TEXT ONLY ENTRY) (Krueger, M)
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23 23 respm Declaration Mon 12/30 12:20 PM
DECLARATION of Nancy Liinn in support of22 Motion for Reconsideration. (Hookano, Thomas)
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22 22 motion Reconsideration Mon 12/30 12:05 PM
MOTION for RECONSIDERATION by Simple Traditions, Inc.. Motion Hearing set for 2/13/2025 at 02:00 PM in Courtroom 2 (TLN) before Chief District Judge Troy L. Nunley. (Hookano, Thomas)
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Tuesday, December 03, 2024
21 21 order Judgment ~Util - Terminate Civil Case Tue 12/03 12:23 PM
JUDGMENT dated *12/3/2024* pursuant to order signed by Chief District Judge Troy L. Nunley on 12/2/2024. (Zignago, K.)
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20 20 14 pgs order Order on Motion to Compel Tue 12/03 12:21 PM
ORDER signed by Chief District Judge Troy L. Nunley on 12/2/2024 GRANTING5 Motion to Compel Arbitration and DISMISSING this action with prejudice. CASE CLOSED. (Zignago, K.)
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Wednesday, August 14, 2024
19 19 misc Consent/Decline of U.S. Magistrate Judge Jurisdiction Wed 08/14 2:57 PM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (DiMario, Alec)
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18 18 1 pgs misc Order Reassigning Newly Appointed Magistrate Judge (SCR) Wed 08/14 10:46 AM
AMENDED ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Sean C. Riordan to the bench of the Eastern District of California, the court hereby reassigns this case from Magistrate Judge Deborah Barnes to Magistrate Judge Sean C. Riordan for all further proceedings. (Donati, J)
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Tuesday, August 06, 2024
17 17 1 pgs misc Order Reassigning Newly Appointed Magistrate Judge (SCR) Tue 08/06 11:09 AM
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Sean C. Riordan to the bench of the Eastern District of California, the court hereby reassigns this case from Magistrate Judge Deborah Barnes to Magistrate Judge Sean C. Riordan for all further proceedings. (Kyono, V)
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Monday, July 22, 2024
16 16 order Minute Order Order on Request Mon 07/22 2:36 PM
MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 7/22/2024: The Court has reviewed Plaintiffs' request for oral argument. (ECF No.15 .) The Court DENIES Plaintiffs' request. If the Court determines oral argument would be helpful for resolving the pending motion, the Court will set a hearing in the future. Otherwise, the matter stands submitted. (TEXT ONLY ENTRY) (Krueger, M)
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15 15 motion Request Mon 07/22 11:55 AM
REQUEST for Oral Argument by Simple Traditions, Inc.. (Hookano, Thomas)
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Monday, July 15, 2024
14 14 respm Request for Judicial Notice Mon 07/15 7:41 PM
REQUEST for JUDICIAL NOTICE by Simple Traditions, Inc.. (Hookano, Thomas)
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13 13 order Minute Order Mon 07/15 6:56 AM
MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 7/15/2024: The Court has reviewed the Declaration from Plaintiffs' Counsel (ECF No.12 ) and hereby DISCHARGES the Order to Show Cause (ECF No. 8). (TEXT ONLY ENTRY) (Krueger, M)
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Friday, July 12, 2024
12 12 misc Declaration Fri 07/12 12:35 PM
DECLARATION of Thomas E. Ho'okano. (Hookano, Thomas)
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Monday, July 08, 2024
11 11 misc Reply Mon 07/08 6:10 PM
REPLY by Paychex, Inc. re5 Motion to Compel,. (DiMario, Alec)
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Att: 1 Declaration of Alec S. DiMario in Support of Reply in Support of Defendant's Motion to Compel Arbitration,
Att: 2 Exhibit A to Declaration of Alec S. DiMario in Support of Reply in Support of Defendant's Motion to Compel Arbitration,
Att: 3 Request for Judicial Notice in Support of Reply in Support of Defendant's Motion to Compel Arbitration,
Att: 4 Exhibit A to Request for Judicial Notice in Support of Reply in Support of Defendant's Motion to Compel Arbitration,
Att: 5 Exhibit B to Request for Judicial Notice in Support of Reply in Support of Defendant's Motion to Compel Arbitration,
Att: 6 Exhibit C to Request for Judicial Notice in Support of Reply in Support of Defendant's Motion to Compel Arbitration
Thursday, June 27, 2024
10 10 12 pgs misc Memorandum Thu 06/27 3:16 PM
MEMORANDUM by Nancy Linn in OPPOSTION TO. (Hookano, Thomas)
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Att: 1 Declaration Declaration of Nancy iLinn,
Att: 2 Declaration Declaration of Thomas E. Ho'okano
9 9 respm Declaration Thu 06/27 3:09 PM
DECLARATION of Plaintiff Nancy Linn in opposition to5 Motion to Compel,. (Hookano, Thomas)
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Att: 1 Declaration Declaration of Nancy iLinn,
Att: 2 Declaration Declaration of Thomas E. Ho'okano
Wednesday, June 26, 2024
8 8 order Minute Order ~Util - Motions Submitted/Under Advisement Wed 06/26 12:45 PM
MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/26/2024 ORDERING Counsel for Plaintiffs to SHOW CAUSE, in writing, no later than 7/3/2024 as to why he should not be sanctioned in the amount of $250 for failure to timely file an opposition or a statement of non-opposition to Defendant's Motion to Compel Arbitration (ECF No.5 ), pursuant to Local Rule 230(c) effective 8/7/2023. Plaintiffs shall file an opposition to the motion, or statement of non-opposition by 7/3/2024. Failure to file an opposition to the motion will be deemed a statement of non-opposition thereto and may result in a recommendation that Defendant's motion be granted. Defendant may file a reply brief to Plaintiffs' opposition, if any, in accordance with Local Rule 230(d). The motion will then stand SUBMITTED without oral argument. Accordingly, the hearing set for 7/25/2024 is VACATED. (TEXT ONLY ENTRY) (Krueger, M)
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Tuesday, June 11, 2024
7 7 misc Corporate Disclosure Statement Tue 06/11 10:48 AM
CORPORATE DISCLOSURE STATEMENT by Defendant Paychex, Inc.. (DiMario, Alec)
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6 6 misc Consent/Decline of U.S. Magistrate Judge Jurisdiction Tue 06/11 10:47 AM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (DiMario, Alec)
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5 5 motion Compel Tue 06/11 10:15 AM
MOTION to COMPEL Arbitration by Paychex, Inc.. Attorney DiMario, Alec added. Motion Hearing set for 7/25/2024 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(DiMario, Alec)
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Att: 1 Declaration of Alec S. DiMario in Support of Defendant Paychex, Inc.'s Motion to Compel Arbitration,
Att: 2 Declaration of Andrew D. Schwartz in Support of Defendant Paychex, Inc.'s Motion to Compel Arbitration,
Att: 3 Proposed Order Granting Defendant Paychex, Inc.'s Motion to Compel Arbitration
Saturday, May 25, 2024
4 4 service Summons Returned Executed Sat 05/25 9:55 AM
SUMMONS RETURNED EXECUTED: (Hookano, Thomas)
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Friday, May 10, 2024
3 3 misc Civil New Case Documents for TLN Fri 05/10 1:23 PM
CIVIL NEW CASE DOCUMENTS ISSUED; (Clemente Licea, O)
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Att: 1 Consent Form,
Att: 2 VDRP
2 2 service Summons Fri 05/10 1:22 PM
SUMMONS ISSUED as to *Paychex, Inc.* with answer to complaint due within *21* days. Attorney *Thomas Eugene Hookano* *Law Offices of Thomas E. Ho'okano* *4421 Truxel Road, Apt. 3316* *Sacrameto, CA 95834*. (Clemente Licea, O)
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Thursday, May 09, 2024
1 1 20 pgs COMPLAINT against Paychex, Inc. by Simple Traditions, Inc. Attorney Hookano, Thomas E. added. (Filing fee $ 405, receipt number ACAEDC-11514299) (Hookanno, Thomas)
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Att: 1 Exhibit,
Att: 2 Civil Cover Sheet