Barajas v. CPC Logistics Solutions, LLC et al
Oscar Barajas |
CPC Logistics Solutions, LLC, CPC Logistics Inc. and Newco Distributors, Inc. |
3:2022cv03911 |
July 1, 2022 |
US District Court for the Northern District of California |
William H Orrick |
Labor: Other |
28 U.S.C. § 1332 Diversity-Petition for Removal |
Plaintiff |
Docket Report
This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.
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Filing 36 ACKNOWLEDGEMENT OF RECEIPT OF Remand Documents by Alameda Superior Court as to #35 Clerk's Notice. (kkp, COURT STAFF) (Filed on 10/6/2022) |
Filing 35 CLERK'S NOTICE Transmitting Remand Documents to Alameda County Superior Court. (kkp, COURT STAFF) (Filed on 9/26/2022) |
Filing 34 ORDER GRANTING [19[ MOTION TO REMAND. Signed by Judge William H. Orrick on 09/23/2022. (jmd, COURT STAFF) (Filed on 9/23/2022) |
Filing 33 CLERK'S NOTICE - Pursuant to Civil L.R. 7-1(b), it has been determined that the #19 Motion to Dismiss is appropriate for disposition without oral argument. As such, the hearing set for 9/21/2022 is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 9/20/2022) |
Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by CPC Logistics Defendants (Helm, Graham) (Filed on 9/19/2022) |
Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Newco Distributors, Inc. (Becker, Erick) (Filed on 9/15/2022) |
Filing 30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed by Plaintiff Oscar Barajas (Ardestani, Sepideh) (Filed on 9/15/2022) |
Filing 29 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 9/14/2022) |
Filing 28 REPLY (re #19 MOTION to Remand) to Defendant's Opposition to Plaintiff's Motion to Remand Action to State Court and Request for Attorneys' Fees filed by Oscar Barajas. (Crosner, Zachary) (Filed on 9/6/2022) Modified on 9/7/2022 (kkp, COURT STAFF). |
Filing 27 OPPOSITION/RESPONSE (re #19 MOTION to Remand) filed by CPC Logistics Inc., CPC Logistics Solutions, LLC. (Attachments: #1 Declaration of Leslie Gomez, #2 Declaration of Bill Steimel, #3 Declaration of Melina Peddy)(Helm, Graham) (Filed on 8/29/2022) Modified on 8/30/2022 (kkp, COURT STAFF). |
Filing 26 Fourth Stipulation to Extend Time for Newco Distributors, Inc. to Respond to Plaintiff's Complaint filed by Newco Distributors, Inc. and Oscar Barajas. (Becker, Erick) (Filed on 8/29/2022) Modified on 8/29/2022 (kkp, COURT STAFF). |
Filing 25 Third STIPULATION to Extend Time for Defendants CPC Logistics Solutions, LLC and CPC Logistics Inc. to Respond to Plaintiff's Complaint filed by CPC Logistics Inc., CPC Logistics Solutions, LLC and Oscar Barajas. (Szwarcsztejn, Alejandro) (Filed on 8/19/2022) Modified on 8/19/2022 (kkp, COURT STAFF). |
Filing 24 Third Stipulation to Extend Time for Newco Distributors, Inc. to Respond to Plaintiff's Complaint filed by Newco Distributors, Inc. and Oscar Barajas. (Becker, Erick) (Filed on 8/19/2022) Modified on 8/19/2022 (kkp, COURT STAFF). |
Filing 23 MODIFIED ORDER GRANTING #22 JOINT STIPULATION TO CONTINUE BRIEFING AND HEARING DATES ON PLAINTIFF'S #19 MOTION TO REMAND. Responses due by 8/29/2022. Replies due by 9/6/2022. Motion Hearing reset for 9/21/2022 02:00 PM via Videoconference before Judge William H. Orrick. Signed by Judge William H. Orrick on 08/15/2022. (jmd, COURT STAFF) (Filed on 8/15/2022) |
Filing 22 STIPULATION WITH PROPOSED ORDER TO CONTINUE BRIEFING AND HEARING DATES ON PLAINTIFFS MOTION TO REMAND filed by CPC Logistics Inc., CPC Logistics Solutions, LLC and Oscar Barajas (Attachments: #1 Proposed Order)(Szwarcsztejn, Alejandro) (Filed on 8/15/2022) Modified on 8/15/2022 (kkp, COURT STAFF). |
Filing 21 Order by Judge William H. Orrick granting #18 Stipulation regarding motion to remand. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 8/8/2022) |
Reset Deadline as to #19 MOTION to Remand. Response due by 8/19/2022. (jmd, COURT STAFF) (Filed on 8/8/2022) |
Filing 20 Second Joint Stipulation to Extend Time for Defendant Newco Distributors, Inc. to Respond to Plaintiff Oscar Barajas' Complaint filed by Newco Distributors, Inc. and Oscar Barajas. (Becker, Erick) (Filed on 8/5/2022) Modified on 8/5/2022 (kkp, COURT STAFF). |
#Electronic filing error. REMINDER TO COUNSEL: Judge initials are incorrect. All future filings shall bear the initials WHO immediately after the case number instead of LB. Counsel need not re-file the document, but should reference the correct judge initials on future filings. Re: #20 Stipulation, filed by Newco Distributors, Inc., Oscar Barajas. (kkp, COURT STAFF) (Filed on 8/5/2022) |
Filing 19 MOTION to Remand filed by Oscar Barajas. Motion Hearing set for 9/7/2022 02:00 PM before Judge William H. Orrick. Responses due by 8/15/2022. Replies due by 8/22/2022. (Attachments: #1 [PROPOSED ORDER], #2 DECLARATION OF SEPIDEH ARDESTANI IN SUPPORT OF PLAINTIFFS MOTION TO REMAND ACTION TO STATE COURT AND REQUEST FOR ATTORNEYS' FEES, #3 PROOF OF SERVICE)(Crosner, Zachary) (Filed on 8/1/2022) |
Filing 18 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME FOR PLAINTIFF TO FILE MOTION TO REMAND ACTION TO STATE COURT filed by Oscar Barajas, CPC Logistics, Inc. and CPC Logistics, LLC. (Ardestani, Sepideh) (Filed on 7/29/2022) Modified on 8/1/2022 (jml, COURT STAFF). |
Filing 17 Second STIPULATION to Extend Time For Defendants CPC Logistics Solutions LLC and CPC Logistics Inc. to Respond to Complaint re #7 Stipulation, filed by CPC Logistics Inc., CPC Logistics Solutions, LLC and Oscar Barajas. (Helm, Graham) (Filed on 7/29/2022) Modified on 8/1/2022 (jml, COURT STAFF). |
Filing 16 CERTIFICATE OF SERVICE by Oscar Barajas re: Notice of Case Management Conference Order Served on Defendants'. (Crosner, Zachary) (Filed on 7/27/2022) |
Filing 15 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 10/4/2022 02:00 PM via Videoconference. Case Management Statement due by 9/27/2022. Signed by Judge William H. Orrick on 07/26/2022. (jmd, COURT STAFF) (Filed on 7/26/2022) |
Filing 14 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler 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 Clerk on 7/25/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 7/25/2022) |
Filing 13 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. (ejk, COURT STAFF) (Filed on 7/25/2022) |
Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Oscar Barajas.. (Ardestani, Sepideh) (Filed on 7/25/2022) |
Filing 11 NOTICE of Appearance as Counsel for Plaintiff Oscar Barajas by Sepideh Ardestani. (Ardestani, Sepideh) (Filed on 7/20/2022) Modified on 7/21/2022 (kkp, COURT STAFF). |
Filing 10 STIPULATION to Extend Time to Respond to Complaint filed by Newco Distributors, Inc. and Oscar Barajas. (Becker, Erick) (Filed on 7/20/2022) Modified on 7/21/2022 (kkp, COURT STAFF). |
Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 8/3/2022. (ejk, COURT STAFF) (Filed on 7/20/2022) |
Filing 8 CERTIFICATE OF SERVICE by CPC Logistics Inc., CPC Logistics Solutions, LLC re 3 Case Assigned by Intake,, #6 Certificate of Service, #4 Initial Case Management Scheduling Order with ADR Deadlines,, 5 Clerk's Notice,,,, Util - Teleconference Zoom,,, #2 Certificate of Interested Entities, #1 Notice of Removal, on Defendant Newco Distributors, Inc. on July 8, 2022 (Helm, Graham) (Filed on 7/12/2022) |
Filing 7 STIPULATION re #1 Notice of Removal, to Extend Time for Defendants CPC Logistics Solutions, LLC and CPC Logistics Inc. to Respond to Plaintiff's Complaint filed by CPC Logistics Inc., CPC Logistics Solutions, LLC and Oscar Barajas. (Helm, Graham) (Filed on 7/8/2022) Modified on 7/11/2022 (kkp, COURT STAFF). |
Filing 6 CERTIFICATE OF SERVICE by CPC Logistics Inc., CPC Logistics Solutions, LLC re #1 Notice of Removal, Service on Plaintiff 7/5/2022 (Helm, Graham) (Filed on 7/7/2022) |
Filing 5 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 9/29/2022 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/22/2022. 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/lb General 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/. (ejk, COURT STAFF) (Filed on 7/7/2022) |
Filing 4 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 9/22/202 2. Initial Case Management Conference set for 9/29/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (jml, COURT STAFF) (Filed on 7/5/2022) |
Filing 3 Case assigned to Magistrate Judge Laurel Beeler. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/19/2022. (jrs, COURT STAFF) (Filed on 7/5/2022) |
Filing 2 Certificate of Interested Entities by CPC Logistics Inc., CPC Logistics Solutions, LLC identifying Corporate Parent CPC Logistics Solutions, LLC for CPC Logistics Inc., CPC Logistics Solutions, LLC. re #1 Notice of Removal, (Helm, Graham) (Filed on 7/1/2022) |
Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court with jury demand. Their case number is 22CV011373. (Filing fee $402 receipt number ACANDC-17318612). Filed by CPC Logistics Inc., CPC Logistics Solutions, LLC. (Attachments: #1 Declaration of Bill Steimel, #2 Declaration of Duane Trower, #3 Declaration of Leslie Gomez, #4 Civil Cover Sheet)(Helm, Graham) (Filed on 7/1/2022) Modified on 7/5/2022 (jml, COURT STAFF). |
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