Case: One Fair Wage v. Darden Restaurants

3:21-cv-02695 | U.S. District Court for the Northern District of California

Filed Date: April 15, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about Darden Restaurants’ cash wage policy of paying employees less than the minimum wage and using tips to cover the difference. On April 15, 2021, One Fair Wage, an advocacy organization focused on eliminating the subminimum cash wage, filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued Darden Restaurants under Title VII of the Civil Rights Act of 1964. Represented by Gerstein Harrow and the National Legal Advocacy Network, …

This is a case about Darden Restaurants’ cash wage policy of paying employees less than the minimum wage and using tips to cover the difference. On April 15, 2021, One Fair Wage, an advocacy organization focused on eliminating the subminimum cash wage, filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued Darden Restaurants under Title VII of the Civil Rights Act of 1964. Represented by Gerstein Harrow and the National Legal Advocacy Network, the plaintiff sought declaratory relief and an injunction prohibiting Darden from maintaining its cash wage and tipping policies as well as monetary relief redressing the resources plaintiff diverted because of the policies. First, the plaintiff asserted that the defendant’s cash wage policy of paying tipped employees the lowest legally permissible cash wage caused employees to suffer sexual harassment because employees depended on customers for wages. Second, the plaintiff alleged that the defendant’s tipping policy of refusing to pool tips among employees or add a standard service charge to all bills caused employees of color to receive less in tips than white employees. The plaintiff filed a charge of sex and race discrimination with the Equal Employment Opportunity Commission and received a right to sue before filing the complaint.

The case was assigned to Magistrate Judge Thomas S. Hixson. But the plaintiff declined to proceed before a magistrate judge and the case was reassigned to Judge Edward M. Chen.

The defendant filed several motions to dismiss on July 20, 2021, including a motion to dismiss for lack of personal jurisdiction and improper venue, a motion to dismiss for failure to state a claim, and a motion to dismiss for lack of subject matter jurisdiction. On September 14, 2021, Judge Chen granted the defendant’s motion to dismiss for failure to state a claim because the plaintiff was not an employee of Darden and so did not have standing to sue under Title VII. 2021 WL 4170788. Judge Chen denied the defendant’s motion to dismiss for lack of personal jurisdiction and improper venue and did not reach the question of subject matter jurisdiction. The case was dismissed with prejudice and the plaintiff filed a notice of appeal to the Ninth Circuit on October 12, 2021. The case is ongoing.

Summary Authors

Laura Irei (10/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59824184/parties/one-fair-wage-inc-v-darden-restaurants-inc/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Gerstein, Charles L. (District of Columbia)

Harrow, Jason (California)

Maddali, Sheila (Illinois)

Attorney for Defendant

Braham, Christopher Anthony (California)

Documents in the Clearinghouse

Documents in this case

3:21-cv-02695

Civil Docket for Case #: 3:21-cv-02695-EMC

One Fair Wage, Inc. v. Darden Restaurants Inc.

Oct. 12, 2021

Oct. 12, 2021

Docket
1

3:21-cv-02695

Complaint

One Fair Wage, Inc v. Darden Restaurants, Inc

April 15, 2021

April 15, 2021

Complaint
30

3:21-cv-02695

Order Granting in Part and Denying in Part Defendant's Motions to Dismiss

One Fair Wage, Inc. v. Darden Restaurant Inc.

Sept. 14, 2021

Sept. 14, 2021

Order/Opinion

2021 WL 4170788

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59824184/one-fair-wage-inc-v-darden-restaurants-inc/

Last updated Aug. 30, 2026, 4:28 a.m.

Docket for: One Fair Wage, Inc. v. Darden Restaurants Inc.
ECF Number Date Description Link
1 April 15, 2021

COMPLAINT against Darden Restaurants Inc. ( Filing fee $ 402, receipt number 0971-15840836.). Filed byOne Fair Wage, Inc.. (Attachments: # 1 Civil Cover Sheet)(Harrow, Jason) (Filed on 4/15/2021) (Entered: 04/15/2021)

Clearinghouse
2 April 15, 2021

Certificate of Interested Entities by One Fair Wage, Inc. (Harrow, Jason) (Filed on 4/15/2021) (Entered: 04/15/2021)

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3 April 15, 2021

Case assigned to Magistrate Judge Thomas S. Hixson. 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 4/29/2021. (mbcS, COURT STAFF) (Filed on 4/15/2021) (Entered: 04/15/2021)

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April 15, 2021

~Util - Case Assigned by Intake

4 April 16, 2021

Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 7/8/2021 . Initial Case Management Conference set for 7/15/2021 10:00 AM in San Francisco, - Videoconference Only. (arkS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)

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5 April 16, 2021

CLERK'S NOTICE: Reminder to submit proposed summons for defendant(s) to be served. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arkS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)

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6 April 16, 2021

Proposed Summons. (Harrow, Jason) (Filed on 4/16/2021) (Entered: 04/16/2021)

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April 16, 2021

Clerk's Notice

7 April 19, 2021

Summons Issued as to Darden Restaurants Inc. (arkS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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8 April 20, 2021

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by One Fair Wage, Inc... (Harrow, Jason) (Filed on 4/20/2021) (Entered: 04/20/2021)

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9 April 20, 2021

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. (rmm2S, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

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April 20, 2021

Clerk's Notice of Impending Reassignment - Text Only

10 April 21, 2021

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 4/21/21. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

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11 April 30, 2021

CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 7/1/2021 09:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 6/24/2021. Signed by Judge Edward M. Chen on 4/30/2021. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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12 June 25, 2021

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE FROM 7/1/2021 TO 9/7/2021 AT 9:30AM: Initial Case Management Conference set for 7/1/2021 is vacated and rescheduled for 9/7/2021 09:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 8/31/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 8/31/2021. Initial Case Management Conference set for 9/7/2021 09:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 6/25/2021) (Entered: 06/25/2021)

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June 25, 2021

~Util - Teleconference Zoom AND Clerk's Notice

13 June 29, 2021

SUMMONS Returned Executed by One Fair Wage, Inc.. Darden Restaurants Inc. served on 6/29/2021, answer due 7/20/2021. (Harrow, Jason) (Filed on 6/29/2021) (Entered: 06/29/2021)

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14 June 29, 2021

CERTIFICATE OF SERVICE by One Fair Wage, Inc. For Standing Orders (Harrow, Jason) (Filed on 6/29/2021) (Entered: 06/29/2021)

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15 July 20, 2021

MOTION to Dismiss for Lack of Jurisdiction (Personal) And Improper Venue and the Memorandum of Points and Authorities In Support Thereof filed by Darden Restaurants Inc.. Motion Hearing set for 8/26/2021 01:30 PM in San Francisco, Courtroom G, 15th Floor before Judge Edward M. Chen. Responses due by 8/3/2021. Replies due by 8/10/2021. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 7/20/2021) (Entered: 07/20/2021)

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16 July 20, 2021

MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted and the Memorandum of Points and Authorities in Support Thereof filed by Darden Restaurants Inc.. Motion Hearing set for 8/26/2021 01:30 PM in San Francisco, Courtroom G, 15th Floor before Judge Edward M. Chen. Responses due by 8/3/2021. Replies due by 8/10/2021. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 7/20/2021) (Entered: 07/20/2021)

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17 July 20, 2021

MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) and the Memorandum of Points and Authorities in Support Thereof filed by Darden Restaurants Inc.. Motion Hearing set for 8/26/2021 01:30 PM in San Francisco, Courtroom G, 15th Floor before Judge Edward M. Chen. Responses due by 8/3/2021. Replies due by 8/10/2021. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 7/20/2021) (Entered: 07/20/2021)

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18 Aug. 3, 2021

OPPOSITION/RESPONSE (re 16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted and the Memorandum of Points and Authorities in Support Thereof, 17 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) and the Memorandum of Points and Authorities in Support Thereof, 15 MOTION to Dismiss for Lack of Jurisdiction (Personal) And Improper Venue and the Memorandum of Points and Authorities In Support Thereof ) filed byOne Fair Wage, Inc.. (Attachments: # 1 Proposed Order)(Harrow, Jason) (Filed on 8/3/2021) (Entered: 08/03/2021)

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19 Aug. 3, 2021

MOTION for leave to appear in Pro Hac Vice for Ryan Nelson, Esq. ( Filing fee $ 317, receipt number 0971-16246583.) filed by One Fair Wage, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Harrow, Jason) (Filed on 8/3/2021) (Entered: 08/03/2021)

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20 Aug. 4, 2021

ORDER by Judge Edward M. Chen granting 19 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 8/4/2021) (Entered: 08/04/2021)

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21 Aug. 4, 2021

NOTICE of Appearance by Ryan Heath Nelson (Nelson, Ryan) (Filed on 8/4/2021) (Entered: 08/04/2021)

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22 Aug. 10, 2021

REPLY (re 16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted and the Memorandum of Points and Authorities in Support Thereof, 17 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) and the Memorandum of Points and Authorities in Support Thereof, 15 MOTION to Dismiss for Lack of Jurisdiction (Personal) And Improper Venue and the Memorandum of Points and Authorities In Support Thereof ) filed byDarden Restaurants Inc.. (Braham, Christopher) (Filed on 8/10/2021) (Entered: 08/10/2021)

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23 Aug. 10, 2021

Request for Judicial Notice re 22 Reply to Opposition/Response,, filed byDarden Restaurants Inc.. (Related document(s) 22 ) (Braham, Christopher) (Filed on 8/10/2021) (Entered: 08/10/2021)

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24 Aug. 12, 2021

MOTION for Leave to File Surreply Brief filed by One Fair Wage, Inc.. (Attachments: # 1 Surreply Brief, # 2 Exhibit Email Exchange, # 3 Proposed Order)(Harrow, Jason) (Filed on 8/12/2021) (Entered: 08/12/2021)

1 Surreply Brief

View on RECAP

2 Exhibit Email Exchange

View on RECAP

3 Proposed Order

View on RECAP

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25 Aug. 16, 2021

OPPOSITION/RESPONSE (re 24 MOTION for Leave to File Surreply Brief ) filed byDarden Restaurants Inc.. (Braham, Christopher) (Filed on 8/16/2021) (Entered: 08/16/2021)

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26 Aug. 18, 2021

STIPULATION WITH PROPOSED ORDER re 12 Clerk's Notice,,,,,, Util - Teleconference Zoom,,,,, To Continue Initial Case Management Conference filed by Darden Restaurants Inc.. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 8/18/2021) (Entered: 08/18/2021)

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27 Aug. 18, 2021

ORDER GRANTING 26 STIPULATION OF ALL PARTIES TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/2/2021. Initial Case Management Conference set for 11/9/2021 01:30 PM in San Francisco, - Videoconference Only. Signed by Judge Edward M. Chen on 8/18/2021.(afmS, COURT STAFF) (Filed on 8/18/2021) (Entered: 08/18/2021)

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28 Aug. 21, 2021

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 8/26/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by tel ephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. 16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted and the Memorandum of Points and Authorities in Support Thereof, 17 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) and the Memorandum of Points and Authorities in Support Thereof, 15 MOTION to Dismiss for Lack of Jurisdiction (Personal) And Improper Venue and the Memorandum of Points and Authorities In Support Thereof. Motion Hearing set for 8/26/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) 16, 17, 15 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 8/21/2021) (Entered: 08/21/2021)

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Aug. 21, 2021

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

29 Aug. 26, 2021

Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 8/26/2021; taking under submission 15 Motion to Dismiss for Lack of Jurisdiction; 16 Motion to Dismiss; 17 Motion to Dismiss for Lack of Jurisdiction. Order to issue. Total Time in Court: 35 Minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Ryan Nelson. Defendant Attorney: Chris Braham. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 8/26/2021) (Entered: 08/29/2021)

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Aug. 29, 2021

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss AND Order on Motion for Leave to File AND Order on Motion to Dismiss/Lack of Jurisdiction AND Motion Hearing

Aug. 29, 2021

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion for Leave to File AND Order on Motion to Dismiss AND Motion Hearing AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 29, 2021

Order on Motion for Leave to File AND Motion Hearing AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 29, 2021

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion for Leave to File AND Motion Hearing

Aug. 29, 2021

Order on Motion for Leave to File AND Order on Motion to Dismiss/Lack of Jurisdiction AND Motion Hearing AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 29, 2021

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion for Leave to File

Aug. 29, 2021

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss AND Order on Motion to Dismiss/Lack of Jurisdiction AND Motion Hearing AND Order on Motion for Leave to File

30 Sept. 14, 2021

ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 15 16 17 Defendant's Motions to Dismiss. (emcsec, COURT STAFF) (Filed on 9/14/2021) (Entered: 09/14/2021)

Clearinghouse
31 Sept. 14, 2021

JUDGMENT. Signed by Judge Edward M. Chen on 9/14/2021. (afmS, COURT STAFF) (Filed on 9/14/2021) (Entered: 09/14/2021)

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32 Oct. 12, 2021

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by One Fair Wage, Inc.. Appeal of Judgment 31, Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Leave to File 30 (Appeal fee of $505 receipt number 0971-16488704 paid.) (Attachments: # 1 Supplement Form 6)(Harrow, Jason) (Filed on 10/12/2021) Appeal Case No. 21-16691 Modified on 10/13/2021 (wsnS, COURT STAFF). (Entered: 10/12/2021)

1 Supplement Form 6

View on PACER

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33 Oct. 13, 2021

USCA Case Number 21-16691 U.S. Court of Appeals for the Ninth Circuit for 32 Notice of Appeal to the Ninth Circuit, filed by One Fair Wage, Inc. (wsnS, COURT STAFF) (Filed on 10/13/2021) (Entered: 10/13/2021)

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34 Oct. 18, 2021

TRANSCRIPT ORDER for proceedings held on August 26, 2021 before Judge Edward M. Chen by One Fair Wage, Inc., for Court Reporter Debra Pas. (Harrow, Jason) (Filed on 10/18/2021) (Entered: 10/18/2021)

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35 Oct. 18, 2021

Transcript Designation Form for proceedings held on August 26, 2021 before Judge Edward M. Chen, re 32 Notice of Appeal to the Ninth Circuit, Transcript due by 12/13/2021. (Harrow, Jason) (Filed on 10/18/2021) (Entered: 10/18/2021)

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36 Dec. 19, 2021

Transcript of Zoom Video Conference Proceedings held on 8-26-2021, before Judge Edward M. Chen. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@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 34 Transcript Order ) Release of Transcript Restriction set for 3/21/2022. (Related documents(s) 34 ) (Pas, Debra) (Filed on 12/19/2021) (Entered: 12/19/2021)

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37 March 10, 2023

USCA Memorandum as to 32 Notice of Appeal to the Ninth Circuit No. 21-16691, filed by One Fair Wage, Inc. (wsn, COURT STAFF) (Filed on 3/10/2023) (Entered: 03/10/2023)

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38 April 3, 2023

MANDATE of USCA as to 32 Notice of Appeal to the Ninth Circuit, filed by One Fair Wage, Inc. "The judgment of this Court, entered March 10, 2023, takes effect this date."(msr, COURT STAFF) (Filed on 4/3/2023) (Entered: 04/05/2023)

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39 April 12, 2023

CLERK'S NOTICE SETTING ZOOM HEARING. Status Conference set for 5/2/2023, at 2:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Joint Status Report due by 4/25/2023. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG IN TO ZOOM NO LATER THAN 2:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 4/12/2023) (Entered: 04/12/2023)

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April 12, 2023

Clerk's Notice Setting Zoom Hearing

40 April 24, 2023

STATUS REPORT (Joint) as requested by the Court by One Fair Wage, Inc.. (Harrow, Jason) (Filed on 4/24/2023) (Entered: 04/24/2023)

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42 May 2, 2023

Minute Entry for proceedings held before Judge Edward M Chen: Status Conference held on 5/2/2023. Digital Recording Time: 2:30-2:43. (vla, COURT STAFF) (Date Filed: 5/2/2023) (Entered: 05/22/2023)

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41 May 4, 2023

AMENDED COMPLAINT against Darden Restaurants Inc.. Filed byOne Fair Wage, Inc.. (Attachments: # 1 Exhibit A, Redline)(Harrow, Jason) (Filed on 5/4/2023) (Entered: 05/04/2023)

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43 May 22, 2023

TRANSCRIPT ORDER for proceedings held on 08/26/2021 before Judge Edward M Chen by Darden Restaurants Inc., for Court Reporter Debra Pas. (Braham, Christopher) (Filed on 5/22/2023) (Entered: 05/22/2023)

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44 May 25, 2023

MOTION to Dismiss filed by Darden Restaurants Inc.. Motion Hearing set for 6/29/2023 01:30 PM in San Francisco, Courtroom G, 15th Floor before Judge Edward M Chen. Responses due by 6/8/2023. Replies due by 6/15/2023. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 5/25/2023) (Entered: 05/25/2023)

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45 June 2, 2023

CLERK'S NOTICE SETTING ZOOM HEARING. Motion Hearing as to 44 MOTION to Dismiss set for 6/29/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 6/2/2023) (Entered: 06/02/2023)

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June 2, 2023

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

46 June 6, 2023

CLERK'S NOTICE RESCHEDULING MOTION HEARING. Motion Hearing as to 44 MOTION to Dismiss reset from 6/29/2023 to 7/13/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 6/6/2023) (Entered: 06/06/2023)

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June 6, 2023

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

47 June 8, 2023

OPPOSITION/RESPONSE (re 44 MOTION to Dismiss ) filed byOne Fair Wage, Inc.. (Attachments: # 1 Proposed Order Denying Motion)(Harrow, Jason) (Filed on 6/8/2023) (Entered: 06/08/2023)

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48 June 15, 2023

STIPULATION WITH PROPOSED ORDER TO ALTER BRIEFING SCHEDULE filed by Darden Restaurants Inc.. (Attachments: # 1 Declaration in Support of Stipulation to Alter Briefing Schedule, # 2 Certificate/Proof of Service)(Braham, Christopher) (Filed on 6/15/2023) (Entered: 06/15/2023)

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49 June 22, 2023

Order by Judge Edward M Chen granting 48 STIPULATION TO ALTER BRIEFING SCHEDULE FOR DARDEN RESTAURANTS, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT.(vla, COURT STAFF) (Filed on 6/22/2023) (Entered: 06/22/2023)

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50 June 22, 2023

CLERK'S NOTICE ADVANCING TIME OF MOTION HEARING. Motion Hearing as to 44 MOTION to Dismiss reset from 7/13/2023, at 1:30 PM to 7/13/2023, at 12:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 12:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 6/22/2023) (Entered: 06/22/2023)

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51 June 22, 2023

REPLY (re 44 MOTION to Dismiss ) filed byDarden Restaurants Inc.. (Braham, Christopher) (Filed on 6/22/2023) (Entered: 06/22/2023)

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June 22, 2023

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

52 July 5, 2023

CLERK'S NOTICE RESCHEDULING MOTION HEARING. Motion Hearing as to 44 MOTION to Dismiss reset from 7/13/2023 to 7/27/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 pmWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

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July 5, 2023

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

53 Aug. 14, 2023

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 7/27/2023 re 44 MOTION to Dismiss. Total Time in Court: 31 Minutes. Court Reporter: Scott Coniam. (vla, COURT STAFF) (Date Filed: 7/27/2023) (Entered: 08/14/2023)

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54 Aug. 17, 2023

ORDER by Judge Edward M. Chen Granting 44 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 8/17/2023)

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55 Sept. 18, 2023

MOTION for Extension of Time to Amend filed by One Fair Wage, Inc.. (Attachments: # 1 Proposed Order)(Harrow, Jason) (Filed on 9/18/2023) (Entered: 09/18/2023)

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56 Sept. 19, 2023

OPPOSITION/RESPONSE (re 55 MOTION for Extension of Time to Amend ) filed byDarden Restaurants Inc.. (Attachments: # 1 Declaration of Christopher Braham)(Braham, Christopher) (Filed on 9/19/2023) (Entered: 09/19/2023)

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57 Sept. 20, 2023

Order by Judge Edward M Chen GRANTING 55 PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE A SECOND AMENDED COMPLAINT (L.R. 6-3).(vla, COURT STAFF) (Filed on 9/20/2023) (Entered: 09/20/2023)

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58 Nov. 15, 2023

SECOND AMENDED COMPLAINT against Darden Restaurants, Inc. Filed by One Fair Wage, Inc.. (Harrow, Jason) (Filed on 11/15/2023) Modified on 11/15/2023 (msr, COURT STAFF). (Entered: 11/15/2023)

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59 Nov. 29, 2023

MOTION to Dismiss filed by Darden Restaurants Inc.. Motion to Dismiss Hearing set for 1/11/2024 01:30 PM in San Francisco, Courtroom G, 15th Floor. Responses due by 12/13/2023. Replies due by 12/20/2023. (Attachments: # 1 Proposed Order)(Braham, Christopher) (Filed on 11/29/2023) (Entered: 11/29/2023)

1 Proposed Order

View on PACER

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60 Dec. 11, 2023

OPPOSITION/RESPONSE (re 59 MOTION to Dismiss ) filed byOne Fair Wage, Inc.. (Attachments: # 1 Proposed Order)(Harrow, Jason) (Filed on 12/11/2023) (Entered: 12/11/2023)

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61 Dec. 20, 2023

REPLY (re 59 MOTION to Dismiss ) filed byDarden Restaurants Inc.. (Braham, Christopher) (Filed on 12/20/2023) (Entered: 12/20/2023)

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62 Dec. 27, 2023

CLERK'S NOTICE RESCHEDULING MOTION HEARING. Motion Hearing as to 59 MOTION to Dismiss reset from 1/11/2023 to 2/15/2024, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 12/27/2023) (Entered: 12/27/2023)

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Dec. 27, 2023

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

63 Feb. 15, 2024

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 2/15/2024 re 59 Motion to Dismiss filed by Darden Restaurants Inc. Total Time in Court: 1:32 - 2:07 (35 M). Court Reporter: Kelly Shainline. Plaintiff Attorney: Ryan H. Nelson, Jason Harrow. Defendant Attorney: Chris Braham. (jlg, COURT STAFF) (Date Filed: 2/15/2024) (Entered: 02/16/2024)

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64 March 5, 2024

ORDER by Judge Edward M. Chen granting in part and denying in part 59 Defendant's Motion to Dismiss. (emclc2, COURT STAFF) (Filed on 3/5/2024)

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65 March 11, 2024

MOTION for Reconsideration re 64 Order on Motion to Dismiss filed by One Fair Wage, Inc.. (Attachments: # 1 Proposed Order)(Harrow, Jason) (Filed on 3/11/2024) (Entered: 03/11/2024)

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66 March 25, 2024

OPPOSITION/RESPONSE (re 65 MOTION for Reconsideration re 64 Order on Motion to Dismiss ) filed byDarden Restaurants Inc.. (Braham, Christopher) (Filed on 3/25/2024) (Entered: 03/25/2024)

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67 April 22, 2024

CLERK'S NOTICE VACATING MOTION HEARING. The Court HEREBY VACATES 65 Motion for Reconsideration. The Court will either rule on the papers or set a new hearing date as necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 4/22/2024) (Entered: 04/22/2024)

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April 22, 2024

Clerk's Notice

68 April 24, 2024

ORDER by Judge Edward M. Chen denying 65 Plaintiff's Motion for Leave to File Motion for Reconsideration. (emclc2, COURT STAFF) (Filed on 4/24/2024)

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69 April 30, 2024

NOTICE by One Fair Wage, Inc. to Clerk to Enter Judgment per Rule 58(d) (Harrow, Jason) (Filed on 4/30/2024) (Entered: 04/30/2024)

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70 April 30, 2024

JUDGMENT. Signed by Judge Edward M. Chen on 4/30/2024. (vla, COURT STAFF) (Filed on 4/30/2024) (Entered: 04/30/2024)

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71 May 2, 2024

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by One Fair Wage, Inc.. Appeal of Judgment 70 (Appeal fee of $605 receipt number ACANDC-19376994 paid.) (Attachments: # 1 Supplement Form 6)(Harrow, Jason) (Filed on 5/2/2024) (Entered: 05/02/2024)

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72 May 3, 2024

ORDER of USCA as to 32 Notice of Appeal to the Ninth Circuit, filed by One Fair Wage, Inc. (sec, COURT STAFF) (Filed on 5/3/2024) (Entered: 05/03/2024)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 15, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An advocacy organization focused on eliminating the subminimum cash wage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Darden Restaurants

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of California 3:21-cv-02695

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Impact

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Race, unspecified

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation