defendant wholesale screening solutions llc s notice to state court an

Cal. Super. - 1st Dist.September 15, 2021

TROUTMAN PEPPER HAMILTON SANDERS LLP 3 EMBARCADERO CENTER, STE. 800 SAN FRANCISCO, CA 94111 1. DEFENDANT WHOLESALE SCREENING SOLUTION LLC’S NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TROUTMAN PEPPER HAMILTON SANDERS LLP Ryan A. Lewis, Bar No. 307253 ryan.lewis@troutman.com Three Embarcadero Center, Suite 800 San Francisco, CA 94111 Telephone: 415.477.5700 Facsimile: 415.477.5710 Attorneys for Defendant WHOLESALE SCREENING SOLUTIONS, LLC (Erroneously Sued Herein as Wholesale Screening, Inc.) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JAMECCA SIMS, individually, Plaintiff(s), v. CHECKR, INC., WHOLESALE SCREENING, INC., and DOES 1-10 inclusive, Defendant(s). Case No. CGC-20-587804 DEFENDANT WHOLESALE SCREENING SOLUTIONS LLC’S NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT Complaint Filed: November 3, 2020 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/07/2021 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk TROUTMAN PEPPER HAMILTON SANDERS LLP 3 EMBARCADERO CENTER, STE. 800 SAN FRANCISCO, CA 94111 2. DEFENDANT WHOLESALE SCREENING SOLUTION LLC’S NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE CLERK OF THE SAN FRANCISCO COUNTY SUPERIOR COURT IN THE STATE OF CALIFORNIA, PLAINTIFF JAMECCA SIMS AND HER COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on July 6, 2021, Defendant Wholesale Screening Solutions LLC (incorrectly named in this action as “Wholesale Screening, Inc.”) filed a Notice of Removal of Civil Action to Federal Court pursuant to 28 U.S.C. §§ 1331, 1441 and 1446 (“Notice of Removal”) in the United States District Court for the Northern District of California. A conformed copy of the Notice of Removal is attached hereto as Exhibit A to this Notice. PLEASE TAKE FURTHER NOTICE that, by the filing of said Notice of Removal in the United States District Court, and by the filing of this Notice to State Court and Adverse Party of Removal, the above-entitled action has been removed from this Court to the United States District Court for the Northern District of California pursuant to 28 U.S.C. sections 1331, 1441 and 1446, and this Court may proceed no further unless and until the case is remanded. Dated: July 6, 2021 TROUTMAN PEPPER HAMILTON SANDERS LLP By: /s/ Ryan A. Lewis RYAN A. LEWIS Attorneys for Defendant WHOLESALE SCREENING SOLUTIONS, LLC Exhibit A T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T H R E E E M B A R C A D E R O C E N T E R , S U IT E 8 0 0 S A N F R A N C IS C O , C A 9 4 1 1 1 NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TROUTMAN PEPPER HAMILTON SANDERS LLP Ryan A. Lewis, Bar No. 307253 ryan.lewis@troutman.com Three Embarcadero Center, Suite 800 San Francisco, CA 94111 Telephone: 415.477.5700 Facsimile: 415.477.5710 Attorneys for Defendant WHOLESALE SCREENING SOLUTIONS, LLC (Erroneously Sued Herein as Wholesale Screening, Inc.) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMECCA SIMS individually, Plaintiff(s), v. CHECKR, INC., WHOLESALE SCREENING, INC., and DOES 1-10 inclusive, Defendant(s). Case No. _________________ NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC [28 U.S.C. §§ 1331, 1441 & 1446] Complaint Filed: November 3, 2020 Summons/Complaint Served: June 7, 2021 Removal from Superior Court of California, County of San Francisco, Case No.: CGC-20-587804 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 1 of 56 3:21-cv-05195 T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T H R E E E M B A R C A D E R O C E N T E R , S U IT E 8 0 0 S A N F R A N C IS C O , C A 9 4 1 1 1 - 2 - NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AND TO PLAINTIFF JAMECCA SIMS AND HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant Wholesale Screening Solutions, LLC (“WSS”)1 hereby removes the above-entitled action, Case No. CGC-20-587804 from the Superior Court of the State of California, County of San Francisco, to the U.S. District Court for the Northern District of California. This Removal is based on 28 U.S.C. §§ 1331, 1441(a) and 1446. This Notice is based upon the original jurisdiction of this Court over the parties under 28 U.S.C. § 1331 and the existence of a federal question herein. In support of its Notice of Removal, WSS states as follows: PLEADINGS, PROCESSES, AND ORDERS 1. On November 3, 2020, Plaintiff Jamecca Sims (“Plaintiff”) filed a purported Class Action Complaint against Defendant Checkr, Inc. (“Checkr”) and WSS (collectively, WSS and Checkr are referred to as “Defendants”) in the Superior Court of California, County of San Francisco, entitled Jamecca Sims v. Checkr, Inc., Case No. CGC-20-587804. 2. Plaintiff’s Complaint alleges three causes of action under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”) against Defendants. Specifically, Plaintiff asserts claims under Sections 1681e(b) against Checkr and 1681k(a)(2) against both Defendants. 3. Pursuant to 28 U.S.C. § 1446(a), all process, pleadings, notices, and orders served upon Defendants in this action are attached as Exhibit A. 4. On June 1, 2021, Plaintiff dismissed Checkr with prejudice from this matter. A copy of the dismissal is included with Exhibit A. TIMELINESS OF REMOVAL 5. On June 7, 2021, Plaintiff purported to serve WSS with a copy of the Complaint. 6. This Notice of Removal is timely as it is being filed within thirty (30) days after purported service of the Summons and Complaint. 28 U.S.C. § 1446(b); Fed. Rule Civ. Proc. 1 Plaintiff’s Complaint incorrectly names WSS as “Wholesale Screening, Inc.” Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 2 of 56 T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T H R E E E M B A R C A D E R O C E N T E R , S U IT E 8 0 0 S A N F R A N C IS C O , C A 9 4 1 1 1 - 3 - NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6(a)(1)(C); see also Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 354-56 (1999) (30-day deadline to remove commences upon service of the summons and complaint). BASIS FOR REMOVAL JURISDICTION 7. 28 U.S.C. § 1331 provides that “the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 8. Pursuant to 28 U.S.C. § 1331, this Court has original jurisdiction over the instant action based on federal question jurisdiction in that Plaintiff’s Complaint asserts claims under the FCRA, 15 U.S.C. § 1681 et seq., a federal statute. 9. Removal of this action is proper under 28 U.S.C. § 1441(a), which provides, in pertinent part, that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” 10. Specifically, Plaintiff asserts three claims in her Complaint. Her first claim is brought under Section 1681e(b) of the FCRA against Checkr. (Exhibit A, Compl., ¶¶ 44-50.) Her second claim is brought under Section 1681k(a)(2) of the FCRA against Checkr. (Id. at ¶¶ 52-58.) Her third claim is brought under Section 1681k(a)(2) of the FCRA against WSS. (Id. at ¶¶ 60-69.) In light of Plaintiff’s dismissal of Checkr, the only remaining claim in the Complaint is the third cause of action against WSS under Section 1681k(a)(2). 11. Federal question jurisdiction exists over this action because the allegations asserted by Plaintiff in the Complaint involve questions that will require resolution of significant, disputed issues arising under federal law. This case qualifies for federal question jurisdiction and is removable because Plaintiff’s Complaint alleges claims under, and requires a ruling on, the FCRA. 12. In addition to satisfying the requirements of federal question jurisdiction, WSS has met all other requirements for removal. Checkr is no longer a party to the litigation, thus its consent to the removal is not required. Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 3 of 56 T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T H R E E E M B A R C A D E R O C E N T E R , S U IT E 8 0 0 S A N F R A N C IS C O , C A 9 4 1 1 1 - 4 - NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENUE 13. Venue lies in the U.S. District Court for the Northern District of California pursuant to 28 U.S.C. §§ 84(a), 1391, 1441(a) and 1446(a). This action was originally brought in the Superior Court of the State of California, County of San Francisco, and thus should be removed to the San Francisco or Oakland Division of this Court per Civil Local Rules 3-2(c) and (d). SERVICE OF NOTICE OF REMOVAL ON STATE COURT 14. A true and correct copy of this Notice of Removal will be promptly served on Plaintiff and filed with the Clerk of the Superior Court of the State of California in and for the County of San Francisco as required under 28 U.S.C. § 1446(d). RESERVATION OF RIGHTS 15. By filing this Notice of Removal, WSS does not concede nor waive any defense or motion relating to this action, including (but not limited to) that (i) Plaintiff has agreed to arbitrate the claim asserted in the Complaint on an individual basis; and (ii) Plaintiff lacks standing to bring this action. WSS reserves all defenses relating to the Court’s jurisdiction and the justiciability of this action. WHEREFORE, Wholesale Screening Solutions, LLC respectfully requests that this civil action be removed from the Superior Court of California, County of San Francisco, to the United States District Court for the Northern District of California, San Francisco or Oakland Division. Dated: July 6, 2021 TROUTMAN PEPPER HAMILTON SANDERS LLP By: /s/ Ryan A. Lewis RYAN A. LEWIS Attorneys for Defendant Wholesale Screening Solutions, LLC Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 4 of 56 T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T H R E E E M B A R C A D E R O C E N T E R , S U IT E 8 0 0 S A N F R A N C IS C O , C A 9 4 1 1 1 - 5 - NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHOLESALE SCREENING SOLUTIONS, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATION AND CERTIFICATE OF SERVICE I hereby certify that on the 6th day of July 2021, I caused the foregoing to be electronically filed with the Clerk of the Court using the CM/ECF and a copy of the foregoing was served via email and overnight mail on the following counsel: Devin H. Fok DHF Law 16 N. Marengo Ave. Suite 403 Pasadena, CA 91101 Phone: (888) 651-6411 Email: devin@devinfoklaw.com Attorneys for Plaintiff JAMECCA SIMS TROUTMAN PEPPER HAMILTON SANDERS LLP By: /s/ Ryan A. Lewis RYAN A. LEWIS Attorneys for Defendant WHOLESALE SCREENING SOLUTIONS, LLC Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 5 of 56 Exhibit A Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 6 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 7 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 8 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 9 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 10 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 11 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 12 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 13 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 14 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 15 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 16 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 17 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 18 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 19 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 20 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 21 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 22 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 23 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 24 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 25 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 26 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 27 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 28 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 29 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 30 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 31 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 32 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 33 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 34 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 35 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 36 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 37 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 38 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 39 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 40 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 41 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 42 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 43 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 44 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 45 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 46 of 56 CASE NUMBER: CGC-20-587804 JAMECCA SIMS VS. CHECKR, INC. ET AL NOTICE TO PLAINTIFF A Case Management Conference is set for: DATE: APR-07-2021 TIME: 10:30AM PLACE: Department 610 400 McAllister Street San Francisco, CA 94102-3680 All parties must appear and comply with Local Rule 3. CRC 3.725 requires the filing and service of a case management statement form CM-110 no later than 15 days before the case management conference. However, it would facilitate the issuance of a case management order without an appearance at the case management conference if the case management statement is filed and served twenty-five days before the case management conference. Plaintiff must serve a copy of this notice upon each party to this action with the summons and complaint. Proof of service subsequently filed with this court shall so state. This case is eligible for electronic filing and service per Local Rule 2.11. For more information, please visit the Court's website at www.sfsuperiorcourt.org under Online Services. [DEFENDANTS: Attending the Case Management Conference does not take the place of filing a written response to the complaint. You must file a written response with the court within the time limit required by law. See Summons.] ALTERNATIVE DISPUTE RESOLUTION REQUIREMENTS IT IS THE POLICY OF THE SUPERIOR COURT THAT EVERY CIVIL CASE SHOULD PARTICIPATE IN MEDIATION, ARBITRATION, NEUTRAL EVALUATION, AN EARLY SETTLEMENT CONFERENCE, OR OTHER APPROPRIATE FORM OF ALTERNATIVE DISPUTE RESOLUTION PRIOR TO A TRIAL. (SEE LOCAL RULE 4) Plaintiff must serve a copy of the Alternative Dispute Resolution (ADR) Information Package on each defendant along with the complaint. (CRC 3.221.) The ADR package may be accessed at www.sfsuperiorcourt.org/divisions/civil/dispute-resolution or you may request a paper copy from the filing clerk. All counsel must discuss ADR with clients and opposing counsel and provide clients with a copy of the ADR Information Package prior to filing the Case Management Statement. Superior Court Alternative Dispute Resolution Administrator 400 McAllister Street, Room 103-A San Francisco, CA 94102 (415) 551-3869 See Local Rules 3.3, 6.0 C and 10 B re stipulation to judge pro tem. Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 47 of 56 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 48 of 56 PROOF OF SERVICE OF SUMMONS Form Adopted for Mandatory Use Judicial Council of California POS-010 [Rev. July 1, 2004] POS-010 PROOF OF SERVICE OF SUMMONS ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: ATTORNEY FOR (Name): TELEPHONE NO.: Code of Civil Procedure, § 417.10 Ref. No. or File No.: Devin Fok, 256599 DHF Law, P.C. 234 E. Colorado Blvd., 8th Floor Pasadena, CA 91101 310-430-9933 Plaintiff CGC-20-587804 BY FAX1. At the time of service I was a citizen of the United States, at least 18 years of age and not a party to this action. Complaint, Summons, Civil Case Cover Sheet 3. a. Party served: Checkr, Inc Ventura 612 Randolph Wright JAMECCA SIMS CHECKR, INC., et al. b. Person Served: Christopher Duque - Person Authorized to Accept Service of Process 12/01/2020 4. Address where the party was served: 5716 Corsa Ave., Suite 110 Westlake Village, CA 91362 5. I served the party at (time): 6. The "Notice to the Person Served" (on the summons) was completed as follows: 8. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. b. by substituted service. On (date): 11/30/2020 12:52PM I left the documents listed in item 2 with or in the presence of: Jourden Cerrillo for Incorp Services, Inc. - Person Authorized to Accept (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. Checkr, Inc $ 2. I served copies of: Person who served papers7. a. Name: e. I am: d. The fee for service was: c. Telephone number: b. Address: (3) registered California process server. (ii) Registration No. (iii) County (i) Employee or independent contractor. Date: (SIGNATURE)(NAME OF PERSON WHO SERVED PAPERS) d. on behalf of: under: CCP 416.10 (corporation) (4) A declaration of mailing is attached. [ ev. Jan 1, 2007] Randolph Wright One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 415-491-0606 150.25 Superior Court of California, San Francisco County 400 McAllister Street San Francisco, CA 94102 OL# 15416629 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/11/2021 Clerk of the Court BY: CAROL BALISTRERI Deputy Clerk Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 49 of 56 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (Name): Ref. No. or File No. Insert name of court, judicial district or branch court, if any: PLAINTIFF: DEFENDANT: PROOF OF SERVICE BY MAIL Devin Fok, 256599 310-430-9933 DHF Law, P.C. 234 E. Colorado Blvd. Plaintiff San Francisco-McAllister 400 McAllister Street San Francisco, CA 94102 JAMECCA SIMS CHECKR, INC., et al. CGC-20-587804 BY FAX I am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDowell Blvd, Petaluma, CA 94954. On 12/02/2020, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), I mailed copies of the: Complaint, Summons, Civil Case Cover Sheet Checkr, Inc Christopher Duque 5716 Corsa Ave., Suite 110 Westlake Village, CA 91362 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ Travis Carpenter I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 12/01/2020 at Petaluma, California. to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: 150.25 CASE NUMBER: OL# 15416629 One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 Pasadena, CA 91101 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 50 of 56 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 JAMECCA SIMS Case Management Department 610 Case Management Order PLAINTIFF (S) VS. NO. CGC-20-587804 CHECKR, INC. et al Order Continuing Case Management Conference DEFENDANT (S) TO: ALL COUNSEL AND SELF-REPRESENTED LITIGANTS The Apr-07-2021 CASE MANAGEMENT CONFERENCE is canceled, and it is hereby ordered: This case is set for a case management conference on Jun-09-2021 in Department 610 at 10:30 am. CRC 3.725 requires the filing and service of a case management statement form CM-110 no later than fifteen (15) days before the case management conference. However, it would facilitate the issuance of a case management order without an appearance at the case management conference if the case management statement is filed and served twenty-five (25) days before the case management conference. PLAINTIFF(S) must serve a copy of this notice on all parties not listed on the attached proof of service within five (5) days of the date of this order. DATED: MAR-18-2021 SAMUEL K. FENG JUDGE OF THE SUPERIOR COURT Order Continuing Case Management Conference Form 000001 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 51 of 56 CERTIFICATE OF SERVICE BY MAIL I, the undersigned, certify that I am an employee of the Superior Court of California, County of San Francisco and not a party to the above-entitled cause and that on MAR-18-2021 I served the attached Order Continuing Case Management Conference by placing a copy thereof in an envelope addressed to all parties to this action as listed below. I then placed the envelope in the outgoing mail at 400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, attachment of required prepaid postage, and mailing on that date, following standard court practice. Dated : MAR-18-2021 By: VANESSA WU DEVIN FOK (256599) DHF LAW, PC 16 NORTH MARENGO AVENUE SUITE 403 PASADENA, CA 91101 CERTIFICATE OF SERVICE BY MAIL Page 1 of 1 Form 000001 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 52 of 56 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 JAMECCA SIMS Case Management Department 610 Case Management Order PLAINTIFF (S) VS. NO. CGC-20-587804 CHECKR, INC. et al Order To Show Cause DEFENDANT (S) TO: PLAINTIFF'S COUNSEL AND/OR SELF-REPRESENTED PLAINTIFF(S) The Jun-09-2021 CASE MANAGEMENT CONFERENCE is canceled. YOU ARE HEREBY ORDERED TO APPEAR in Department 610 on Jul-20-2021 at 10:30 am, pursuant to Local Rule 3.0 C to show cause why this action should not be dismissed or why sanctions should not be imposed for failure to: file proof(s) of Service on defendant(s) WHOLESALE SCREENING INC.; obtain an answer(s)from, or enter default(s) against, defendant(s). CRC 3.110(i) requires that responsive papers to an order to show cause must be filed and served at least 5 calendar days before the hearing. However, it would facilitate the issuance of a case management order prior to the Order to Show Cause hearing if the Response to Order to Show Cause is filed and served twenty (20) days before the Order to Show Cause hearing. PLAINTIFF(S) must serve a copy of this notice on all parties not listed on the attached proof of service within five (5) days of the date of this order. You may call (415) 551-4000 after 12:00 noon the day before the hearing to determine whether your compliance has taken the order to show cause off calendar. DATED: MAY-21-2021 SAMUEL K. FENG JUDGE OF THE SUPERIOR COURT Order To Show Cause Form 000001 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 53 of 56 CERTIFICATE OF SERVICE BY MAIL I, the undersigned, certify that I am an employee of the Superior Court of California, County of San Francisco and not a party to the above-entitled cause and that on MAY-21-2021 I served the attached Order To Show Cause by placing a copy thereof in an envelope addressed to all parties to this action as listed below. I then placed the envelope in the outgoing mail at 400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, attachment of required prepaid postage, and mailing on that date, following standard court practice. Dated : MAY-21-2021 By: VANESSA WU DEVIN FOK (256599) DHF LAW, PC 16 NORTH MARENGO AVENUE SUITE 403 PASADENA, CA 91101 CERTIFICATE OF SERVICE BY MAIL Page 1 of 1 Form 000001 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 54 of 56 ATTORNEY OR PARTY WITHOUT ATTORNEY. sTATE BAR No 256599 FOR COURT USE OIVL V CIV-110 sTATE CA z(P coDE. 91801 Fax No: 818-484-2023 NAME Devin Fok, Esq. FIRM NAME. DHF Law, PC s~REE~ACCREss 2304 Huntington Drove, Suite 210 civv San Marino ~ELEP~o~E No 888-651-6411 Etun(L AooREss devin@devinfoklaw.corn AvroRNEv FoR dvsmek Jamecca Sims SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO a~RES~ AooREss 400 McAllister St. MmuucnooREss 400 McAllister St. cnYANozipcooa. San Francisco, CA 94102 BRANcH NAME: Civic Center Courthouse Plaintiff/Petitioner: Jamecca Sims Defendant/Respondent: CHECKR, INC., WHOLESALE SCREENING, INC. REQUEST FOR DISMISSAL CASE NUMBER C GC-20-587804 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. ion may be obtained /Fom the (TYPE OR PRINT NAME OF ~X ATTORNEY ~ PARTY WITHOUI ATTORNEY) ~~/ J (SIGNATURE) ildismissai requested iso( speoaed parties oniy ot speosed causes oranon onty, MSI(orney or party without attorney for: or orspeceed crossrtmmplalnts only, so stateand identity the parties, causes or ~pie)ntiff/Petitioner ~ Defendant/Respondentaction, or cross-complaints to be dismissed. ~ Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given. * Date: 06/01/2021 Devin Fok, Esq. (TYPE OR PRINT NAME OF ~X ATTORNEY ~ PARTY IMTHOUTATTORNEY) (SIGNATURE) *'l a cross-complaint - or Response (Family Lavv) seeking aflirmative Attorney or party without attorney for: relief - is on file, the attorney for crossrtomplarnant (respondent) must sign ~x Plaintiff/Petitioner ~ Defendant/Respondentthis consent if required by Code of Civil Procedure seckon BSI (i) or (I). ~ Cross Complainant This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) ~x With prejudice (2) ~ Without prejudice b. (1) ~ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name)r on (da/e): (4) ~ Cross-complaint filed by (name): on (da/e): (5) ~ Entire action of all parties and all causes of action (6) ~x Other (specify): Checkr, Inc. 2. (Comp/e/ein a/I cases except family law cases.) The court ~ did ~x did not waive court fees and costs for a party in this case. 'n/ormal clerk If court fees and costs were waived, Ihe dec/ara/ion on the back of this loon mu completed). Date: 06/01/2021 Devin Fok, Esq. (To be completed by clerk) 4. ~ Dismissal entered as requested on (dale): 5 ~ Dismissal entered on (dele): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. ~ Attorney or party without attorney notified on (dale): b. ~ Attorney or parly without attorney not notified. Filing party failed to provide~ a copy to be conformed ~ means to return conformed copy Clerk, by Deputy PsssIofs Form Adopisd for Msndstmy Uss Jud c sl Ccunol cf Csirfcme CIV-110 IRev Jsn. I, 2013] REQUEST FOR DISMISSAL Code cf Civil Procedure 3 SSI si seqc Gov Code,S SSS37(ch Csl. Rules of Court, rule 3 13SO usus cclrrrs cs pov ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 06/01/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk DISMISSAL ENTERED 06/01/2021 By: VANESSA WU Deputy Clerk Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 55 of 56 Plaintiff/Petitioner: Jamecca Sims Defendant/Respondent: CHECKR, INC., WHOLESALE SCREENING, INC. CASE NUMBER CGC-20-587804 CIV-110 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory hen on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, li 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (namej: 2. The person named in item 1 is (check one below): a. ~ not recovering anything of value by this action. b. ~ recovering less than $10,000 in value by this action. c. ~ recovering $10,000 or more in value by this action. (I(item 2cis checked, item 3 must be completed I 3. ~ All court fees and court costs that were waived in this action have been paid to the court (check onej: yes No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date; (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 (Ray. January I, 2013] REQUEST FOR DISMISSAL Pago 2 of 2 Case 3:21-cv-05195 Document 1 Filed 07/06/21 Page 56 of 56 TROUTMAN PEPPER HAMILTON SANDERS LLP Three Embarcadero Center, Suite 800 San Francisco, CA 94111 1 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the City and County of San Francisco, State of CA. I am over the age of 18 and not a party to the within action; my business address is Three Embarcadero Center, Suite 800, San Francisco, California 94111. On July 6, 2021, I served the following document(s) described as: DEFENDANT WHOLESALE SCREENING SOLUTIONS LLC’S NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT On the parties or attorneys for parties in this action who are identified on the attached service list, using the following means of service: XX BY OVERNIGHT DELIVERY: By placing a true copy(ies) thereof enclosed in a sealed envelope(s) or package(s) as designated by Federal Express, addressed as above, and depositing said envelope(s) or package(s), with delivery fees provided for, in a box regularly maintained by Federal Express at Three Embarcadero Center, Suite 800, San Francisco, California 94111 XX BY ELECTRONIC SERVICE: I caused the above-entitled document to be served electronically xx BY FILE&SERVE XPRESS:- I ELECTRONICALLY SERVED THE ABOVE- REFERENCED DOCUMENT(S) THROUGH FILE&SERVE XPRESS TO THE PARTIES OR THEIR COUNSEL AS LISTED ON THE SERVICE LIST ATTACHED HEREWITH. THIS SERVICE COMPLIES WITH CCP 1013(A) AND CALIFORNIA RULES OF COURT, RULE 2.251(I)(1) Devin H. Fok DHF Law 16 N. Marengo Ave. Suite 403 Pasadena, CA 91101 Phone: (888) 651-6411 Email: devin@devinfoklaw.com Attorney for Plaintiff: Jamecca Sims I declare under penalty of perjury under the laws of the State of California that the above is true and correct. T R O U T M A N P E P P E R H A M IL T O N S A N D E R S L L P T h re e E m b a rc a d e ro C e n te r S u it e 8 0 0 S a n F ra n c is c o , C A 9 4 1 1 1 - 2 - PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Executed on July 6, 2021 at San Francisco, CA. Evelyn Standart 1