Decena et al v. Allegiant Final Mile, Inc. et al
| Christian Decena, Hairon Martinez, Miguel Rios and Rigoberto Godoy |
| Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc. and Mattress Firm, Inc. |
| 4:2023cv03633 |
| July 21, 2023 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
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Filing 25
CLERK'S NOTICE. You are hereby notified that the motion hearing previously set for 9/19/2023 is vacated and will be reset if needed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eac, COURT STAFF) (Filed on 9/14/2023)
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Filing 24
REPLY (re #6 MOTION to Dismiss /Motion to Strike ) filed byAllegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Lucas, Jennifer) (Filed on 9/1/2023)
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Filing 23
OPPOSITION/RESPONSE (re #6 MOTION to Dismiss /Motion to Strike ) filed byChristian Decena, Rigoberto Godoy, Hairon Martinez, Miguel Rios. (Kizirian, Armand) (Filed on 8/25/2023)
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Filing 22
Certificate of Interested Entities by Christian Decena, Rigoberto Godoy, Hairon Martinez, Miguel Rios (Kizirian, Armand) (Filed on 8/7/2023)
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Filing 21
CERTIFICATE OF SERVICE by Mattress Firm, Inc. re #1 Notice of Removal, (Hernandez, Brittany) (Filed on 8/4/2023)
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Filing 20
Proposed Order re #6 MOTION to Dismiss /Motion to Strike by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Babione, Jonathan) (Filed on 8/4/2023)
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Filing 19
Renotice motion hearing re #6 MOTION to Dismiss /Motion to Strike filed byAllegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Related document(s) #6 ) (Babione, Jonathan) (Filed on 8/4/2023)
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Set Hearing as to #19 Renotice Motion Hearing. Motion Hearing set for 9/19/2023 at 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (eac, COURT STAFF) (Filed on 8/4/2023)
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Filing 18
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 10/23/2023. Initial Case Management Conference set for 10/30/2023 at 02:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr 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 YGRCRD@cand.uscourts.gov no later than October 27, 2023 at 12:00 PM PST. 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/. (eac, COURT STAFF) (Filed on 8/2/2023)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers 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 Clerk on 08/02/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 8/2/2023)
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Filing 16
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. (tshlc1, COURT STAFF) (Filed on 8/1/2023)
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Filing 15
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mattress Firm, Inc... (Curtis, Mara) (Filed on 8/1/2023)
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Filing 14
Rule 7.1 Disclosures by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc. identifying Corporate Parent Diverse Logistics Holdings, LLC, Corporate Parent Diverse Holdings Intermediate, Inc. for Diverse Logistics & Distribution, Inc.. re #6 MOTION to Dismiss /Motion to Strike (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 13
Rule 7.1 Disclosures by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc. identifying Corporate Parent Diverse Logistics Holdings, LLC for Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. re #6 MOTION to Dismiss /Motion to Strike (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 12
Certificate of Interested Entities by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc. identifying Corporate Parent Diverse Logistics Holdings, LLC, Corporate Parent Diverse Holdings Intermediate, Inc. for Diverse Logistics & Distribution, Inc.. re #6 MOTION to Dismiss /Motion to Strike (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 11
Certificate of Interested Entities by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc. identifying Corporate Parent Diverse Logistics Holdings, LLC for Allegiant Final Mile, Inc.. re #6 MOTION to Dismiss /Motion to Strike (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 10
Request for Judicial Notice re #6 MOTION to Dismiss /Motion to Strike filed byAllegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Related document(s) #6 ) (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 9
Declaration of Adam Nathaniel Arce in Support of #6 MOTION to Dismiss /Motion to Strike filed byAllegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #6 ) (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 8
Supplemental Brief re #6 MOTION to Dismiss /Motion to Strike Memorandum of Points and Authorities in Support filed byAllegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. (Related document(s) #6 ) (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 7
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 8/4/2023. 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. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 7/28/2023)
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Filing 6
MOTION to Dismiss /Motion to Strike filed by Allegiant Final Mile, Inc., Diverse Logistics & Distribution, Inc.. Motion Hearing set for 9/14/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 8/25/2023. Replies due by 9/1/2023. (Babione, Jonathan) (Filed on 7/28/2023)
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Filing 5
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 10/12/2023. Initial Case Management Conference set for 10/19/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (cjl, COURT STAFF) (Filed on 7/24/2023)
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Filing 4
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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/4/2023. (bw, COURT STAFF) (Filed on 7/21/2023)
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#1 Answer to Removal Complaint by Mattress Firm, Inc. (cjl, COURT STAFF) (Filed on 7/21/2023)
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Filing 3
Certificate of Interested Entities by Mattress Firm, Inc. identifying Corporate Parent Steinhoff International Holdings N.V. for Mattress Firm, Inc.. re #1 Notice of Removal, (Curtis, Mara) (Filed on 7/21/2023)
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Filing 2
Corporate Disclosure Statement by Mattress Firm, Inc. identifying Corporate Parent Steinhoff International Holdings N.V. for Mattress Firm, Inc.. re #1 Notice of Removal, (Curtis, Mara) (Filed on 7/21/2023)
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Filing 1
NOTICE OF REMOVAL(with jury demand by plaintiff) from Alameda Superior Court-Rene C. Davidson Courthouse. Their case number is 23CV029993. (Filing fee $402 receipt number ACANDC-18473055). Filed by Mattress Firm, Inc. (Attachments: #1 Exhibit 1 through 6 in Support of Defendant Mattress Firm, Inc., #2 Declaration of Diane Penoyer-Hanratty, #3 Declaration of Todd Warner, #4 Civil Cover Sheet)(Curtis, Mara) (Filed on 7/21/2023) Modified on 7/24/2023 (cjl, COURT STAFF).
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