Brown v. Google, Inc. et al

Plaintiff Robert A. Brown sued Google, Inc., Payrolling.com and Marissa Mayer in state court. Plaintiff alleged that he understood from his interview that he would receive full benefits and increased pay once his probationary period ended. Google filed a notice of removal to federal court and contended that ERISA preempted some of plaintiff's causes of action.
Plaintiff:Robert A. Brown
Defendant:Google, Inc., Payrolling.com and Marissa Mayer
 
Case Number:5:2005cv01779
Filed:April 29, 2005
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:Alameda
Presiding Judge:Hon. Ronald M. Whyte
Referring Judge:Magistrate Judge Patricia V. Trumbull
 
Nature of Suit:Labor - Employee Retirement Income Security Act of 1974
Cause:29:1001 E.R.I.S.A.: Employee Retirement
Jurisdiction:Federal Question
Jury Demanded By:None

Date Filed

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Docket Text

April 29, 2005 1 NOTICE OF REMOVAL (no process); from Santa Clara County Superior Court. Their case number is 1-05-CV-036200. (Filing fee $250 receipt number 5512319). Filed byGoogle, Inc.. (mpb, COURT STAFF) (Filed on 4/29/2005) (Entered: April 29, 2005)
April 29, 2005   CASE DESIGNATED for Electronic Filing. (mpb, COURT STAFF) (Filed on 4/29/2005) (Entered: April 29, 2005)
April 29, 2005 2 ADR SCHEDULING ORDER: Case Management Statement due by 8/23/2005. Case Management Conference set for 8/30/2005 02:00 PM. (Attachments: # 1 Standing Order)(mpb, COURT STAFF) (Filed on 4/29/2005) (Entered: April 29, 2005)
April 29, 2005 3 Joinder re [1] Notice of Removal by Payrolling.com, Payrolling.com. (mpb, COURT STAFF) (Filed on 4/29/2005) Additional attachment(s) added on 5/17/2005 (bw, COURT STAFF). (Entered: 04/29/2005)
April 29, 2005 4 Joinder re [1] Notice of Removal by Marissa Mayer, Marissa Mayer. (mpb, COURT STAFF) (Filed on 4/29/2005) Additional attachment(s) added on 5/17/2005 (bw, COURT STAFF). (Entered: 04/29/2005)
May 3, 2005 5 CERTIFICATE OF SERVICE by Google, Inc. of Notice to Adverse Parties of Removal to Federal Court (Burror, Heather) (Filed on 5/3/2005) (Entered: May 3, 2005)
May 6, 2005 6 CERTIFICATE OF SERVICE by Marissa Mayer, Google, Inc. of Supplementary Material Under L.R. 4-2 (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Marissa Mayer, Google, Inc.. Motion Hearing set for 6/14/2005 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Burror, Heather) (Filed on 5/6/2005) (Entered: 05/06/2005)
May 6, 2005 8 Declaration of Sue Wuthrich in Support of 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed byMarissa Mayer, Google, Inc.. (Attachments: # 1 Exhibit A-I# 2 Exhibit A-II# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F-I# 8 Exhibit F-II)(Related document(s)7) (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 9 Proposed Order re 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, 8 Declaration in Support,, by Marissa Mayer, Google, Inc.. (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 10 DEFENDANT GOOGLE INC.'S ANSWER to Complaint PLAINTIFF ROBERT BROWN'S COMPLAINT byMarissa Mayer, Google, Inc.. (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 11 Certificate of Interested Entities CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 12 NOTICE by Marissa Mayer, Google, Inc. DEFENDANT GOOGLE INC.'S CORPORATE DISCLOSURE STATEMENT (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 6, 2005 13 DEFENDANT MARISSA MAYER'S ANSWER to Complaint PLAINTIFF ROBERT BROWN'S COMPLAINT byMarissa Mayer, Google, Inc.. (Burror, Heather) (Filed on 5/6/2005) (Entered: May 6, 2005)
May 16, 2005 14 CERTIFICATE OF SERVICE by Marissa Mayer, Google, Inc. (AMENDED) of Supplementary Material Under L.R. 4-2 (Burror, Heather) (Filed on 5/16/2005) (Entered: May 16, 2005)
May 17, 2005 15 CLERK'S NOTICE re: Failure to E-File Notice of Removal by counsel for Defendant and or failure to Register as an E-Filer (bw, COURT STAFF) (Filed on 5/17/2005) (Entered: May 17, 2005)
May 27, 2005 16 MOTION and Notice of Motion to Remand filed by Robert A. Brown. Motion Hearing set for 7/12/2005 10:00 AM. (bw, COURT STAFF) (Filed on 5/27/2005) Additional attachment(s) added on 5/27/2005 (bw, COURT STAFF). (Entered: May 27, 2005)
May 27, 2005 17 Declaration of Gregory M. Sheffer in Support of 16 MOTION to Remand filed byRobert A. Brown. (Related document(s)16) (bw, COURT STAFF) (Filed on 5/27/2005) Additional attachment(s) added on 5/27/2005 (bw, COURT STAFF). (Entered: May 27, 2005)
May 27, 2005 18 MEMORANDUM of Points and Authorities in Support of Plaintiff's Robert A. Brown's Motion to Remand filed by Robert A. Brown. (bw, COURT STAFF) (Filed on 5/27/2005) Additional attachment(s) added on 5/27/2005 (bw, COURT STAFF). (Entered: May 27, 2005)
May 31, 2005 19 ANSWER to Complaint byPayrolling.com. (bw, COURT STAFF) (Filed on 5/31/2005) Additional attachment(s) added on 6/1/2005 (bw, COURT STAFF). (Entered: June 1, 2005)
May 31, 2005 20 NOTICE of Corporate Disclosure by Payrolling.Com (bw, COURT STAFF) (Filed on 5/31/2005) Additional attachment(s) added on 6/1/2005 (bw, COURT STAFF). (Entered: June 1, 2005)
May 31, 2005 21 Certificate of Interested Entities or parties (bw, COURT STAFF) (Filed on 5/31/2005) Additional attachment(s) added on 6/1/2005 (bw, COURT STAFF). (Entered: June 1, 2005)
June 2, 2005 22 ORDER Continuing Hearing on Motion to Dismiss; and Setting Deadline for Parties to Each File Either a Consent to Proceed Before a Magistrate Judge, or else a Declination and Request for Reassignment. Signed by Judge Patricia V. Trumbull on 6/2/05. (pvtlc1) (Filed on 6/2/2005) (Entered: June 2, 2005)
June 6, 2005 23 NOTICE by Marissa Mayer, Google, Inc. re 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (Continued Hearing) (Burror, Heather) (Filed on 6/6/2005) (Entered: June 6, 2005)
June 6, 2005 24 Declination to Proceed Before a U.S. Magistrate Judge by Marissa Mayer, Google, Inc. and Request for Reassignment to a U.S. District Judge. (Burror, Heather) (Filed on 6/6/2005) (Entered: June 6, 2005)
June 7, 2005 25 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 6/7/2005) (Entered: June 7, 2005)
June 7, 2005 26 ORDER REASSIGNING CASE. Case reassigned to Judge Ronald M. Whyte for all further proceedings. Magistrate Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on June 7, 2005. (bw, COURT STAFF) (Filed on 6/7/2005) (Entered: June 7, 2005)
June 7, 2005   Clerk mailed copy of Reassignment Order to all parties of record. (bw, COURT STAFF) (Filed on 6/7/2005) (Entered: June 7, 2005)
June 14, 2005 27 NOTICE by Marissa Mayer, Google, Inc. re 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, 23 Notice (Other), Notice (Other) of Continued Hearing (Burror, Heather) (Filed on 6/14/2005) (Entered: June 14, 2005)
June 16, 2005 28 NOTICE of Continued Hearing on Motion 16 MOTION to Remand: Motion Hearing set for 7/15/2005 09:00 AM. (dhm, COURT STAFF) (Filed on 6/16/2005) Additional attachment(s) added on 6/21/2005 (dhm, COURT STAFF). (Entered: June 20, 2005)
June 20, 2005 29 CLERK'S NOTICE re: Failure to E-File plaintiff's Notice of Continued Hearing (dhm, COURT STAFF) (Filed on 6/20/2005) (Entered: June 20, 2005)
June 21, 2005 30 AMENDED ANSWER to Plaintiff's Complaint byPayrolling.com. (dhm, COURT STAFF) (Filed on 6/21/2005) Additional attachment(s) added on 7/11/2005 (dhm, COURT STAFF). (Entered: June 21, 2005)
June 24, 2005 31 Memorandum in Opposition re 16 MOTION to Remand filed byMarissa Mayer, Google, Inc.. (Burror, Heather) (Filed on 6/24/2005) (Entered: June 24, 2005)
June 24, 2005 32 DECLARATION of Sue Wuthrich in Opposition to 16 MOTION to Remand filed byMarissa Mayer, Google, Inc.. (Attachments: # 1 Exhibit A (Part 1 of 2)# 2 Exhibit A (Part 2 of 2)# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F (Part 1 of 2)# 8 Exhibit F (Part 2 of 2))(Related document(s)16) (Burror, Heather) (Filed on 6/24/2005) (Entered: June 24, 2005)
June 24, 2005 33 BRIEF OPPOSING re 16 MOTION to Remand filed byPayrolling.com. (dhm, COURT STAFF) (Filed on 6/24/2005) Additional attachment(s) added on 7/11/2005 (dhm, COURT STAFF). (Entered: June 30, 2005)
June 24, 2005 34 CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (dhm, COURT STAFF) (Filed on 6/24/2005) (Entered: June 30, 2005)
June 30, 2005 35 Reply Memorandum in Support of Plaintiff's Motion to Remand filed byRobert A. Brown. (Sheffer, Gregory) (Filed on 6/30/2005) (Entered: June 30, 2005)
July 11, 2005 36 MOTION to Remand Second Notice of Continued Hearing filed by Robert A. Brown. Motion Hearing set for 7/29/2005 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Sheffer, Gregory) (Filed on 7/11/2005) (Entered: July 11, 2005)
July 12, 2005 37 NOTICE by Marissa Mayer, Google, Inc. re 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF of Continued Hearing (Burror, Heather) (Filed on 7/12/2005) (Entered: July 12, 2005)
July 29, 2005 38 Minute Entry: Motion Hearing held on 7/29/2005 before Ronald M. Whyte (Date Filed: 7/29/2005) re 7 MOTION to Dismiss NOTICE OF DEFENDANTS GOOGLE INC.'S AND MARISSA MAYER'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Google, Inc.,, Marissa Mayer,, 16 MOTION to Remand filed by Robert A. Brown,, 36 MOTION to Remand Second Notice of Continued Hearing filed by Robert A. Brown,. (Court Reporter Lee-Anne Shortridge.) (jg, Court Staff) (Date Filed: 7/29/2005) (Entered: July 29, 2005)
August 3, 2005 39 ORDER by Judge Whyte granting 36 Motion to Remand, finding as moot 7 Motion to Dismiss (rmwlc1, COURT STAFF) (Filed on 8/3/2005) (Entered: 08/03/2005)
September 26, 2005 40 Return Receipt from Santa Clara County Superior Court acknowledging case remanded. (dhm, COURT STAFF) (Filed on 9/26/2005) (Entered: September 26, 2005)
October 19, 2006   FILE LOCATED AT FEDERAL RECORDS CENTER (FRC) San Bruno, CA Accession No:021-06-0082; Location No: 746186, Box No: 89. (pmc, COURT STAFF) (Filed on 10/19/2006) (Entered: October 19, 2006)
Docket Report Last Checked: November 29, 2007 15:16:55 PST
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Plaintiff: Robert A. Brown
Represented By: Gregory Mark Sheffer
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Defendant: Google, Inc.
Represented By: Heather Burror, Catherine A. Conway
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Defendant: Payrolling.com
Represented By: Ronald H. Blumberg, Aniko M. Felsen
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Defendant: Marissa Mayer
Represented By: Heather Burror, Catherine A. Conway
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