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

One Fair Wage, Inc v. Darden Restaurants, Inc

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

2021 WL 4170788

Jason Harrow

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)

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

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)

~Util - Case Assigned by Intake

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)

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)

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

Clerk's Notice

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

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)

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)

Clerk's Notice of Impending Reassignment - Text Only

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)

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)

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)

~Util - Teleconference Zoom AND Clerk's Notice

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

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

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)

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

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

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

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

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

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

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

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)

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

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)

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)

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)

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)

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)