Melissa Batie-Smoose v. The Board of Trustees of the California State University

Court
N.D. Cal.
Docket number
5:26-cv-01876
Filed
Last filing
Assigned judge
Noel Wise
Referred judge
Nathanael M. Cousins
Nature of suit
442 Civil Rights: Jobs
Cause
42:2000 Job Discrimination (Sex)
Jurisdiction
Federal Question
Jury demand
Both
Case
Melissa Batie-Smoose v. The Board of Trustees of the California State University
Cite
Batie-Smoose v. Bd. of Trs. of the Cal. State Univ., No. 5:26-cv-01876 (N.D. Cal. filed Mar. 5, 2026)
Source
Docket on CourtListener(opens another site)

The 2 court documents filed in this docket, as listed for its case.

Docket entries

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Docket entries
No.DateDescriptionDocument
51REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Jose Division 42 filed by Defendant The Board of Trustees of the California State University. (Heckenlively, Bryan) (Entered: 02/11/2026)Open(opens another site)
52APPLICATION of Non-Resident Attorney Helen E. White to Appear Pro Hac Vice on behalf of Defendant The Board of Trustees of the California State University (Pro Hac Vice Fee - $450 Previously Paid on 2/20/2026, Receipt No. ACACDC-41555575) filed by Defendant The Board of Trustees of the California State University. (Attachments: # 1 Proposed Order) (Heckenlively, Bryan) (Entered: 02/20/2026)Open(opens another site)
53NOTICE of Continuance of NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Jose Division 42 reset to March 6, 2026 at 9:30 a.m. (Trakas, Ernest) (Entered: 02/24/2026)Open(opens another site)
54MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE by Judge Dolly M. Gee: Defendant The Board of Trustees of the California State University's ("CSU") motion to transfer the case to the United States District Court for the Northern District of California, San Jose Division 42 is GRANTED. CSU's motion to dismiss 42 is DENIED without prejudice to refiling in the transferee court. The hearing set for 2/27/2026 is VACATED. This action is hereby TRANSFERRED to the United States District Court for the Northern District of California, San Jose Division. Case electronically transferred. ( MD JS-6. Case Terminated. ) Court Reporter: Not Reported. (gk) (Entered: 02/26/2026)Open(opens another site)
55Case transferred in from District of California Central; Case Number 2:25-cv-08957. Original file certified copy of transfer order and docket sheet received. (Entered: 03/05/2026)Open(opens another site)
56Initial 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 6/1/2026. Initial Case Management Conference set for 6/8/2026 01:30 PM in San Francisco, - Videoconference Only. (pjf, COURT STAFF) (Filed on 3/5/2026) (Entered: 03/05/2026)Open(opens another site)
57AMENDED COMPLAINT Second Amended Complaint against The Board of Trustees of the California State University. Filed by Melissa Batie-Smoose. (McAlister, Mary) (Filed on 3/5/2026) (Entered: 03/05/2026)Open(opens another site)
58CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge by 3/19/2026. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 3/5/2026) (Entered: 03/05/2026)Open(opens another site)
59STIPULATION to File Second Amended Complaint filed by Melissa Batie-Smoose. (Kennedy, Jennifer) (Filed on 3/16/2026) (Entered: 03/16/2026)Open(opens another site)
60AMENDED COMPLAINT Second Amended Complaint against The Board of Trustees of the California State University. Filed by Melissa Batie-Smoose. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Kennedy, Jennifer) (Filed on 3/16/2026) (Entered: 03/16/2026)Open(opens another site)
61ORDER GRANTING STIPULATION TO FILE SECOND AMENDED COMPLAINT. Signed by Judge Sallie Kim on 3/16/2026. (bxl, COURT STAFF) (Filed on 3/16/2026) (Entered: 03/16/2026)Open(opens another site)
62MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21762864.) filed by Melissa Batie-Smoose. (Attachments: # 1 Exhibit)(Trakas, Ernest) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
63MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21763125.) filed by Melissa Batie-Smoose. (Attachments: # 1 Exhibit)(Broyles, Vernadette) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
64NOTICE of Appearance filed by Rebecca Hansen on behalf of The Board of Trustees of the California State University Notice of Appearance of Rebecca Hansen (Hansen, Rebecca) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
65MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21764572.) filed by Melissa Batie-Smoose. (Attachments: # 1 Exhibit)(Smith, Kevin) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
66Order by Magistrate Judge Sallie Kim granting 62 Motion for Pro Hac Vice as to Ernest G. Trakas. (bxl, COURT STAFF) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
67Order by Magistrate Judge Sallie Kim granting 63 Motion for Pro Hac Vice as to Vernadette R. Broyles. (bxl, COURT STAFF) (Filed on 3/17/2026) (Entered: 03/17/2026)Open(opens another site)
68Order by Magistrate Judge Sallie Kim granting 65 Motion for Pro Hac Vice as to Kevin Smith. (bxl, COURT STAFF) (Filed on 3/18/2026) (Entered: 03/18/2026)Open(opens another site)
69CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Melissa Batie-Smoose.. (Trakas, Ernest) (Filed on 3/19/2026) (Entered: 03/19/2026)Open(opens another site)
70CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Board of Trustees of the California State University.. (Heckenlively, Bryan) (Filed on 3/19/2026) (Entered: 03/19/2026)Open(opens another site)
71CLERK'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. (bxl, COURT STAFF) (Filed on 3/20/2026) (Entered: 03/20/2026)Open(opens another site)
72ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge James Donato. Magistrate Judge Sallie Kim no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbc, COURT STAFF) (Filed on 3/20/2026) (Entered: 03/20/2026)Open(opens another site)
73CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/18/2026 11:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 6/11/2026. Signed by Judge James Donato on 3/23/2026. (lrc, COURT STAFF) (Filed on 3/23/2026) (Entered: 03/23/2026)Open(opens another site)
74MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice Helen E. White ( Filing fee $ 328, receipt number ACANDC-21801424.) filed by The Board of Trustees of the California State University. (White, Helen) (Filed on 3/26/2026) (Entered: 03/26/2026)Open(opens another site)
75MOTION to Transfer Case Notice of Motion and Unopposed Motion for Intradistrict Transfer filed by The Board of Trustees of the California State University. Motion Hearing set for 4/30/2026 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 4/9/2026. Replies due by 4/16/2026. (Attachments: # 1 Declaration Declaration of Helen E. White in Support of Unopposed Motion for Intradistrict Transfer, # 2 Proposed Order [Proposed] Order Granting Unopposed Motion for Intradistrict Transfer)(Heckenlively, Bryan) (Filed on 3/26/2026) (Entered: 03/26/2026)Open(opens another site)
76ORDER by Judge James Donato granting 74 Motion for Pro Hac Vice as to Helen E. White. (lrc, COURT STAFF) (Filed on 3/27/2026) (Entered: 03/27/2026)Open(opens another site)
77MOTION to Dismiss Second Amended Complaint filed by The Board of Trustees of the California State University. Motion to Dismiss Hearing set for 5/21/2026 11:00 AM in San Francisco, Courtroom 11, 19th Floor. Responses due by 4/13/2026. Replies due by 4/20/2026. (Attachments: # 1 Declaration of Rebecca Hansen, # 2 Exhibit 1 (Redacted), # 3 Exhibit 2, # 4 Proposed Order)(Heckenlively, Bryan) (Filed on 3/30/2026) (Entered: 03/30/2026)Open(opens another site)
78Administrative Motion to File Under Seal (Re: Defendant's Motion to Dismiss) filed by The Board of Trustees of the California State University. (Attachments: # 1 Declaration of Bryan H. Heckenlively, # 2 Proposed Order, # 3 Exhibit 1 (UNREDACTED))(Heckenlively, Bryan) (Filed on 3/30/2026) (Entered: 03/30/2026)Open(opens another site)
79CERTIFICATE OF SERVICE by The Board of Trustees of the California State University re 78 Administrative Motion to File Under Seal (Re: Defendant's Motion to Dismiss) (Heckenlively, Bryan) (Filed on 3/30/2026) (Entered: 03/30/2026)Open(opens another site)
80ORDER GRANTING UNOPPOSED MOTION FOR INTRADISTRICT TRANSFER. Signed by Judge James Donato on 04/06/2026. (jdlc3, COURT STAFF) (Filed on 4/6/2026) (Entered: 04/06/2026)Open(opens another site)
81***PLEASE DISREGARD - FILED IN ERROR***ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Magistrate Judge Virginia K. DeMarchi. Judge James Donato no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 4/7/2026) Modified on 4/8/2026 (smc, COURT STAFF). (Entered: 04/07/2026)Open(opens another site)
82ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to District Judge Noel Wise. Magistrate Judge Virginia K. DeMarchi no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (smc, COURT STAFF) (Filed on 4/8/2026) (Entered: 04/08/2026)Open(opens another site)
83MOTION to Dismiss Second Amended Complaint filed by The Board of Trustees of the California State University. Motion to Dismiss Hearing set for 7/15/2026 09:00 AM in San Jose, Courtroom 3, 5th Floor. Responses due by 4/13/2026. Replies due by 4/20/2026. (Attachments: # 1 Declaration of Rebecca Hansen, # 2 Exhibit 1 [REDACTED], # 3 Exhibit 2, # 4 Proposed Order)(Heckenlively, Bryan) (Filed on 4/10/2026) (Entered: 04/10/2026)Open(opens another site)
84Brief of Plaintiff in Opposition to Motion to Dismiss Second Amended Complaint filed byMelissa Batie-Smoose. (Trakas, Ernest) (Filed on 4/13/2026) (Entered: 04/13/2026)Open(opens another site)
85OPPOSITION/RESPONSE (re 78 Administrative Motion to File Under Seal (Re: Defendant's Motion to Dismiss) ) filed byMelissa Batie-Smoose. (Trakas, Ernest) (Filed on 4/13/2026) (Entered: 04/13/2026)Open(opens another site)
86REPLY (re 83 MOTION to Dismiss Second Amended Complaint ) filed byThe Board of Trustees of the California State University. (Heckenlively, Bryan) (Filed on 4/20/2026) (Entered: 04/20/2026)Open(opens another site)
87STIPULATION EXTENDING GENERAL ORDER 71 DEADLINES filed by The Board of Trustees of the California State University. (Heckenlively, Bryan) (Filed on 4/29/2026) (Entered: 04/29/2026)Open(opens another site)
88[PROPOSED] STIPULATED PROTECTIVE ORDER filed by The Board of Trustees of the California State University. (Attachments: # 1 Declaration of Bryan H. Heckenlively, # 2 Exhibit 1)(Heckenlively, Bryan) (Filed on 5/8/2026) Modified on 5/12/2026 (anj, COURT STAFF). (Entered: 05/08/2026)Open(opens another site)
89STIPULATION EXTENDING PLAINTIFF'S GENERAL ORDER 71 INITIAL PRODUCTION DEADLINE filed by The Board of Trustees of the California State University. (Heckenlively, Bryan) (Filed on 5/8/2026) (Entered: 05/08/2026)Open(opens another site)
90STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael M. Cousins on 5/12/2026. (lmh, COURT STAFF) (Filed on 5/12/2026) (Entered: 05/13/2026)Open(opens another site)
91CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE DEADLINES. Case Management Statement due by 8/28/2026. Initial Case Management Conference set for 9/15/2026 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email address removed] no later than September 11, 2026 at 5:00pm.Civ LR 77-3(d). 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://cand.uscourts.gov/zoom. Case Management Statement due by 8/28/2026. Initial Case Management Conference set for 9/15/2026 at 09:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 5/15/2026) (Entered: 05/15/2026)Open(opens another site)
92ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Trakas, Ernest) (Filed on 5/18/2026) (Entered: 05/18/2026)Open(opens another site)
93ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Heckenlively, Bryan) (Filed on 5/18/2026) (Entered: 05/18/2026)Open(opens another site)
94CLERK'S NOTICE RESETTING MOTION TO DISMISS 83 HEARING July 15, 2026 Motion to Dismiss 83 Hearing reset to August 21, 2026 at 09:00 AM in San Jose, Courtroom 3, 5th Floor before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 6/30/2026) (Entered: 06/30/2026)Open(opens another site)
95*Correct document at dkt. 96 * STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMelissa Batie-Smoose. (Attachments: # 1 Exhibit)(Trakas, Ernest) (Filed on 7/7/2026) Modified text on 7/8/2026 (kxo, COURT STAFF). (Entered: 07/07/2026)Open(opens another site)
96CORRECTED STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Corrected filed byMelissa Batie-Smoose. (Attachments: # 1 Exhibit)(Trakas, Ernest) (Filed on 7/7/2026) Modified text on 7/8/2026 (kxo, COURT STAFF). (Entered: 07/07/2026)Open(opens another site)
97Minute Entry for proceedings held before District Judge Noel Wise: Motion Hearing held on 8/21/2026. Argument presented by counsel for both parties. The Court took the motion under submission. Written order shall issue.Total Time in Court: 43 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Jennifer Kennedy, Clare Friday. Defendant Attorney: Bryan Heckenlively. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Date Filed: 8/21/2026) (Entered: 08/21/2026)Open(opens another site)
98NOTICE of Withdrawal filed by Joanna Berney Hull, no longer appearing on behalf of The Board of Trustees of the California State University in this case (Hull, Joanna) (Filed on 8/26/2026) (Entered: 08/26/2026)Open(opens another site)
99MOTION to Amend/Correct Third Amended Complaint filed by Melissa Batie-Smoose. Responses due by 9/10/2026. Replies due by 9/17/2026. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Trakas, Ernest) (Filed on 8/27/2026) (Entered: 08/27/2026)Open(opens another site)
100NOTICE of Withdrawal filed by Ernest G. Trakas, no longer appearing on behalf of Melissa Batie-Smoose in this case (Trakas, Ernest) (Filed on 8/28/2026) (Entered: 08/28/2026)Open(opens another site)