Browning v. Lab Logistics, LLC et al
| Crystal Browning and Christian F. Sanchez |
| Lab Logistics, LLC, David Ahern, Brian P. McArdle, Jonathan Snow, Does 1 through 50 and SHARP Healthcare |
| 3:2015cv00884 |
| April 21, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Dana M Sabraw |
| Bernard G Skomal |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 cv Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 15, 2016. A more recent docket listing may be available from PACER.
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Filing 140
ORDER Granting #139 Joint Motion to Dismiss. IT IS HEREBY ORDERED that this action is dismissed in its entirety with prejudice as to all of Plaintiffs' individual claims against all of the Defendants, including Plaintiffs' individual claims pursuant to the California Labor Code Private Attorneys General Act of 2004 (PAGA), and without prejudice as to any and all PAGA claims putatively brought on behalf of any putative aggrieved employees other than Plaintiffs BROWNING and SANCHEZ. The Court further orders all proceedings in the case vacated and taken off calendar. All Parties will bear their own respective attorneys' fees and costs. Signed by Judge Dana M. Sabraw on 12/15/2016. (aef) (jao).
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| Filing 139 Joint MOTION to Dismiss by Crystal Browning. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
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Filing 138
ORDER Granting #136 Joint Motion to Extend Time. IT IS HEREBY ORDERED that the Parties shall file a Joint Dismissal of this action on or before December 23, 2016. The Court further orders all applicable proceedings and deadlines in the case continued to December 23, 2016. Signed by Judge Dana M. Sabraw on 12/12/2016. (aef)
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| Filing 137 Minute Entry for proceedings with chambers of Magistrate Judge Bernard G. Skomal: Settlement Disposition Conference held on 12/9/2016. (Plaintiffs' Attorneys Thomas E. Daugherty, Alvin Mark Gomez). (Defendants' Attorney Matthew Charles Kane). (no document attached) (rxa) |
| Filing 136 Joint MOTION for Extension of Time to File Dismissal by Crystal Browning. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
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Filing 135
ORDER of USCA as to #121 Notice of Interlocutory Appeal to 9th Circuit, filed by David Ahern, Lab Logistics, LLC, SHARP Healthcare, Brian P. McArdle. The stipulation to dismiss the appeal under FRAP 42(b) is granted. The costs shall be allocated pursuant to the stipulation. A copy of this order shall act as and for the mandate of the USCA. (akr)
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| Filing 134 NOTICE of Change of Hearing: The Settlement Disposition Conference scheduled for November 22, 2016 at 9:30 a.m. is continued to December 9, 2016 at 10:00 a.m. (no document attached) (rxa) |
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Filing 133
ORDER Granting #132 Joint Motion to Vacate Appealed Orders (Doc. 115 & 116) in Resolution of pending Appeal (Doc. 121) of Same. IT IS HEREBY ORDERED that the Court's Order Denying Defendants' Motions to Compel Arbitration (Doc. #115) and Order Granting Plaintiffs' Motions for Summary Judgment (Doc. #116), which are presently on appeal to the Ninth Circuit (Doc. #121), shall be and hereby are VACATED effective upon the voluntary dismissal of that appeal and the remittitur and remand thereof being made back to this Court by the Ninth Circuit. The Parties shall file a Joint Motion to dismiss this action as set forth in the Joint Motion within 14 days after this Order becomes effective. Signed by Judge Dana M. Sabraw on 11/21/2016. (aef)
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| Filing 132 Joint MOTION to Vacate #115 Order on Motion to Compel,,, #116 Order on Motion for Summary Judgment, in Resolution of Pending Appeal [Doc. #121] of Same by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Kane, Matthew) (aef). |
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Filing 131
Order Scheduling Settlement Disposition Conference. A Joint Motion for Dismissal is due on 11/18/2016. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 11/18/2016, then a Settlement Disposition Conference shall be held. A Settlement Disposition Conference is set for 11/22/2016 at 09:30 AM before Magistrate Judge Bernard G. Skomal. The conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Bernard G. Skomal on 11/2/2016.(aef)
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| Filing 130 Minute Entry for proceedings with chambers of Magistrate Judge Bernard G. Skomal. Counsel for all parties contacted the Court on October 21, 2016 and represented that the case has settled and requested a two-week extension of the October 21, 2016 deadline for the filing of Sharps Ex Parte Motion for Leave to Depose Plaintiffs and to meet and confer regarding outstanding issues related to the Sharp Depo and the November 4, 2016 deadline to complete the Sharp Depo. For good cause shown, the October 21, 2016 deadline is continued to November 4, 2016 and the November 4, 2016 deadline is continued to November 18, 2016. An order scheduling a settlement disposition conference will follow. (no document attached) (rxa) |
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Filing 129
ORDER Re: Oral Argument. (Re Doc #124 ) Defendants' motion for reconsideration, to stay and to certify for interlocutory appeal is currently scheduled for hearing on September 23, 2016. The Court finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the September 23, 2016 hearing is vacated. Signed by Judge Dana M. Sabraw on 9/19/2016.(aef)
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| Filing 128 REPLY to Response to Motion re #124 MOTION for Reconsideration re #115 Order on Motion to Compel MOTION to Certify Interlocutory Appeal MOTION to Stay Pending Appeal of Order Denying Motions to Compel Arbitration of Plaintiffs' Claims filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Certified Statement of Matthew C. Kane)(Kane, Matthew) (aef). |
| Filing 127 RESPONSE in Opposition re #124 MOTION for Reconsideration re #115 Order on Motion to Compel MOTION to Certify Interlocutory Appeal MOTION to Stay Pending Appeal of Order Denying Motions to Compel Arbitration of Plaintiffs' Claims filed by Crystal Browning, Christian F. Sanchez. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
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Filing 126
ORDER Granting #120 Joint Motion Re: Dkt. #117 to Stay Adressing of Discovery Issues pending Completion and in furtherance of Mediation. IT IS HEREBY ORDERED that: The joint motion is GRANTED as provided in the modified proposed deadlines set forth below; The Parties' meet and confer obligations and efforts on all outstanding discovery issues shall be stayed pending completion of their October 20, 2016 private mediation. If the mediation does not resolve the case, Sharp's Ex Parte Motion For Leave To Depose Plaintiffs shall be filed not later than Friday, October 21, 2016. If the mediation does not resolve the case, the Parties shall complete their meeting and conferring regarding any outstanding issues related to the Sharp Depo not later than October 21, 2016. If the mediation does not resolve the case, the Sharp Depo shall be completed by November 4, 2016. Signed by Magistrate Judge Bernard G. Skomal on 8/29/2016. (aef)
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Filing 125
ORDER Granting #118 Joint Motion to Continue Deadlines set in Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings (Dkt. #113) in furtherance of Scheduled Mediation. IT IS HEREBY ORDERED that: The Motion shall be and hereby is GRANTED. The Memorandum of Contentions of Fact and Law is due by 11/30/2016. The Mandatory Settlement Conference is set for 12/14/2016 at 01:30 PM before Magistrate Judge Bernard G. Skomal. The Proposed Final Pretrial Conference Order is due by 12/21/2016. The Final Pretrial Conference is set for 1/6/2017 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial set for 2/6/2017 at 09:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 8/29/2016. (aef)
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| Filing 124 MOTION for Reconsideration re #115 Order on Motion to Compel, Consolidated Motion (1) for Reconsideration of Order Denying Motion to Compel Arbitration Pursuant to FRCP 60(b); (2) to Certify Interlocutory Appeal [28 U.S.C. sec. 1292(b)]; and (3) to Stay Pending Appeal of Order Denying Motions to Compel Arbitration of Plaintiffs' Claims by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities)(Kane, Matthew) Added MOTION to Certify Interlocutory Appeal, MOTION to Stay pending Appeal of Order on 8/29/2016 (aef). |
| Filing 123 USCA Time Schedule Order as to #121 Notice of Interlocutory Appeal to 9th Circuit, filed by David Ahern, Lab Logistics, LLC, SHARP Healthcare, Brian P. McArdle. (Attachments: #1 Transcript Designation and Ordering Form). (akr) |
| Filing 122 USCA Case Number 16-56228 for #121 Notice of Interlocutory Appeal to 9th Circuit, filed by David Ahern, Lab Logistics, LLC, SHARP Healthcare, Brian P. McArdle. (akr) |
| Filing 121 NOTICE OF INTERLOCUTORY APPEAL to the 9th Circuit as to #111 Order Denying Defendants' Motion for Judgment on the Pleadings or to Strike Plaintiffs' PAGA Claim, #115 Order Denying Defendants' Motions to Compel Arbitration, #116 Order Granting Motions for Summary Judgment, by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Filing fee $ 505 receipt number 0974-9358130.) (Kane, Matthew). (Modified on 8/26/2016 to edit docket text re linked Orders.) (akr). |
| Filing 120 Joint MOTION to Stay re 117 Discovery Conference, Set Hearings, Pending Completion and in Furtherance of Mediation by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Kane, Matthew)(aef). |
| Filing 119 Minute Entry for proceedings with chambers of Magistrate Judge Bernard G. Skomal: Telephonic Discovery Conference held on 8/23/2016. Counsel for the parties to file stipulation/joint motion and lodge proposed order re: discovery dispute raised at last teleconference [ECF No. 117] for the Court's review.(Plaintiff Attorney Thomas Daugherty). (Defendant Attorney Matthew Kane). (no document attached) (mw) |
| Filing 118 Joint MOTION to Continue Deadlines Set in Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings [Dkt. # 113] in Furtherance of Scheduled Mediation by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Kane, Matthew) (aef). |
| Filing 117 Minute Entry for add-on proceedings with chambers of Magistrate Judge Bernard G. Skomal: Pursuant to the Court's February 23, 2016 Order, the parties called chambers to inform the Court that they will meet and confer within the next two weeks with respect to issues previously raised by the deposition notice of Sharp Healthcare's corporate representative. The Court will hold a telephonic Status Conference on August 23, 2016 at 11:00 AM to receive an update on the parties' meet-and-confer efforts. Plaintiff's counsel has provided a conference call number for participants to use on the day and at the time indicated above. (Plaintiff Attorney Thomas Daugherty). (Defendant Attorney Matthew Kane). (no document attached) (mw) |
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Filing 116
ORDER Granting #86 , #89 Motions for Summary Judgment. Signed by Judge Dana M. Sabraw on 7/29/2016. (aef)
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Filing 115
ORDER Denying #49 , #50 , #51 , #52 Defendants' Motions to Compel Arbitration. Signed by Judge Dana M. Sabraw on 7/29/2016. (aef)
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Filing 114
Minute Order by Judge Dana M. Sabraw: finding as moot #80 Motion for Reconsideration re #37 Order on Motion for Leave to File Document,,, #60 MOTION to Remand to State Court filed by David Ahern, Lab Logistics, LLC, SHARP Healthcare, Brian P. McArdle. (no document attached) (jak)
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Filing 113
AMENDED SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference is set for 11/18/2016 at 01:30 PM before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 10/19/2016. The Proposed Final Pretrial Conference Order is due by 11/9/2016. The Final Pretrial Conference is set for 11/18/2016 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial is set for 12/19/2016 at 09:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 7/20/2016.(aef)
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| Filing 112 RESPONSE re #107 Notice of Joinder, #104 Reply to Response to Motion, Defendants' Response to Plaintiff Crystal Browning's Objections and Motion to Strike Defendants' Evidence in Opposition to Plaintiff's Motion for Summary Judgment (Dkt. #104-2) and Plaintiff Sanchez's Joinder In Same (Dkt. #107) filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Beldner, Sabrina) (aef). |
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Filing 111
ORDER Denying #87 Defendants' Motion for Judgment on the Pleadings or to Strike Plaintiffs' PAGA Claim. Signed by Judge Dana M. Sabraw on 6/6/2016. (aef)
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| Filing 110 NOTICE of Vacated Conference. The Mandatory Settlement Conference ("MSC") currently scheduled for June 8, 2016 before Magistrate Judge Bernard G. Skomal is HEREBY VACATED due to the pending dispositive motions before the District Court. The MSC may be re-scheduled following the district court's rulings. (no document attached) (mw) |
| Filing 109 CERTIFICATE OF SERVICE by Christian F. Sanchez re #106 Notice of Appearance, #107 Notice of Joinder, #108 Reply to Response to Motion, (Ilg, Stephen) (aef). |
| Filing 108 REPLY to Response to Motion re #89 MOTION for Summary Judgment filed by Christian F. Sanchez. (Attachments: #1 Statement of Facts Plaintiff's Response to Defendant's Separate Statement)(Ilg, Stephen) Modified on 5/16/2016-QC mailer sent re missing certificate of service (aef). |
| Filing 107 NOTICE of Joinder by Christian F. Sanchez re #104 Reply to Response to Motion, Plaintiff Browning's Objections to Evidence and Responses to Defendant's Objections to Evidence (Ilg, Stephen) Modified on 5/16/2016-QC mailer sent re missing certificate of service (aef). |
| Filing 106 NOTICE of Appearance by Stephen Noel Ilg on behalf of Christian F. Sanchez (Ilg, Stephen)Attorney Stephen Noel Ilg added to party Christian F. Sanchez(pty:pla) Modified on 5/16/2016-QC mailer sent re missing certificate of service (aef). |
| Filing 105 REPLY to Response to Motion re #87 MOTION for Judgment on the Pleadings on Plaintiffs' Fourteenth Cause of Action for PAGA Penalties or to Strike Plaintiffs' Representative Action PAGA Claims from the Second Amended Complaint filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Kane, Matthew) (aef). |
| Filing 104 REPLY to Response to Motion re #86 MOTION for Summary Judgment filed by Crystal Browning. (Attachments: #1 Reply to Separate Statement of Disputed Facts, #2 Objections and Motion to Strike Defendants' Evidence, #3 Response to Defendants' Further Evidentiary Objections, #4 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 103 RESPONSE in Opposition re #89 MOTION for Summary Judgment filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Response to Plaintiff's Separate Statement of Undisputed Material Facts and Defendants' Statement of Undisputed Material Facts, #2 Appendix of Evidence, #3 Further Evidentiary Objections to Declaration of Christian Sanchez)(Kane, Matthew) (aef). |
| Filing 102 RESPONSE in Opposition re #86 MOTION for Summary Judgment filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Response to Plaintiff's Separate Statement of Undisputed Material Facts and Defendants' Statement of Undisputed Material Facts, #2 Appendix of Evidence, #3 Further Evidentiary Objections to Declaration of Crystal Browning)(Kane, Matthew) (aef). |
| Filing 101 RESPONSE to Motion re #87 MOTION for Judgment on the Pleadings on Plaintiffs' Fourteenth Cause of Action for PAGA Penalties or to Strike Plaintiffs' Representative Action PAGA Claims from the Second Amended Complaint by Browning and filed by Christian F. Sanchez. (Attachments: #1 Proof of Service Opposition)(Gomez, Alvin) (aef). |
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Filing 100
ORDER Following Status Conference. The May 20, 2016 hearing is vacated pending a response from the California Attorney General on the constitutional challenge to PAGA. Signed by Judge Dana M. Sabraw on 4/28/2016.(knb)
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| Filing 99 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 4/28/2016. (Court Reporter/ECR n/a). (Plaintiff Attorney Thomas Daugherty, Alvin Gomez). (Defendant Attorney Sabrina Beldner, Matthew Kane). (no document attached) (jak) |
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Filing 98
ORDER Scheduling Status Conference. A telephonic Status Conference is set for 4/28/2016 at 02:00 PM before Judge Dana M. Sabraw. Defense counsel shall organize and initiate the conference call to the Court. Signed by Judge Dana M. Sabraw on 4/20/2016.(aef)
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| Filing 97 SUPPLEMENTAL BRIEFING by Defendants David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare re #83 Order, Defendants' Consolidated Supplemental Brief as Requested by Court [DKT. #83] in furher support of Motions to Compel Individual Arbitrations [DKT. #49-#52]. (Attachments: #1 Preliminary Evidentiary Objections to Declaration of C. Browning, #2 Preliminary Evidentiary Objections to Declaration of C. Sanchez)(Kane, Matthew) (aef). |
| Filing 96 SUPPLEMENTAL DOCUMENT by David Ahern, Lab Logistics, LLC, Brian P. McArdle re #50 MOTION to Compel Individual Arbitration of Plaintiff Crystal Browning's PAGA Claims and Stay Action, #52 MOTION to Compel Individual Arbitration of Plaintiff Christian Sanchez's PAGA Claims and Stay Action Supplemental Request for Judicial Notice. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I)(Kane, Matthew) (aef). |
| Filing 95 SUPPLEMENTAL DOCUMENT by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare re #51 MOTION to Compel Arbitration of Plaintiff Christian Sanchez's Individual, Non-PAGA Claims and Stay Action, #49 MOTION to Compel Arbitration of Plaintiff Crystal Browning's Individual, Non-PAGA Claims and Stay Action Supplemntal Request for Judicial Notice. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(Kane, Matthew) (aef). |
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Filing 94
ORDER Denying Defendant's #90 Ex Parte Motion. The Court continues the hearing date on Plaintiffs motions for summary judgment (Doc. Nos. #86 and #89 ) to May 20, 2016. Signed by Judge Dana M. Sabraw on 4/4/2016. (nbp) (jao).
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| Filing 93 RESPONSE to Motion re #90 Ex Parte MOTION to Stay re #89 MOTION for Summary Judgment , #86 MOTION for Summary Judgment Ex Parte Motion to Stay Briefing and Hearings on Plaintiffs' Motions for Summary Judgment [Dkt. #86 & #89] Pending filed by Crystal Browning. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 92 RESPONSE in Opposition re #50 MOTION to Compel Individual Arbitration of Plaintiff Crystal Browning's PAGA Claims and Stay Action, #52 MOTION to Compel Individual Arbitration of Plaintiff Christian Sanchez's PAGA Claims and Stay Action filed by Crystal Browning, Christian F. Sanchez. (Attachments: #1 Notice of Lodgment, #2 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 91 RESPONSE to Motion re #90 Ex Parte MOTION to Stay re #89 MOTION for Summary Judgment , #86 MOTION for Summary Judgment Ex Parte Motion to Stay Briefing and Hearings on Plaintiffs' Motions for Summary Judgment [Dkt. #86 & #89] Pending filed by Christian F. Sanchez. (Attachments: #1 Proof of Service Declaration)(Gomez, Alvin)(aef). |
| Filing 90 Ex Parte MOTION to Stay re #89 MOTION for Summary Judgment , #86 MOTION for Summary Judgment Ex Parte Motion to Stay Briefing and Hearings on Plaintiffs' Motions for Summary Judgment [Dkt. #86 & #89] Pending Resolution of Defendants' Motions to Compel Individual Arbitrations [Dkt. #49-#52] by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sabrina A. Beldner)(Beldner, Sabrina) (aef). |
| Filing 89 MOTION for Summary Judgment by Christian F. Sanchez. (Attachments: #1 Memo of Points and Authorities Support motion, #2 Statement of Facts Support motion, #3 Declaration Support motion, #4 Notice Lodgment, #5 Proof of Service)(Gomez, Alvin) (aef). |
| Filing 88 NOTICE of Constitutional Question pursuant to Fed.R.Civ.P.5.1 filed as - NOTICE by David Ahern, Lab Logistics, LLC, Brian P. McArdle re #87 MOTION for Judgment on the Pleadings on Plaintiffs' Fourteenth Cause of Action for PAGA Penalties or to Strike Plaintiffs' Representative Action PAGA Claims from the Second Amended Complaint NOTICE OF CONSTITUTIONAL QUESTION PURSUANT TO FED. R. CIV. P. 5.1 (Kane, Matthew) Modified on 3/29/2016-to match document title (aef). |
| Filing 87 MOTION for Judgment on the Pleadings on Plaintiffs' Fourteenth Cause of Action for PAGA Penalties or to Strike Plaintiffs' Representative Action PAGA Claims from the Second Amended Complaint by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Kane, Matthew)(aef). |
| Filing 86 MOTION for Summary Judgment by Crystal Browning. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Crystal Browning, #3 Statement of Facts, #4 Notice of Lodgment, #5 Exhibit 1-8, #6 Exhibit 9 (part 1), #7 Exhibit 9 (part 2), #8 Exhibit 9 (part 3), #9 Exhibit 10-14, #10 Proof of Service)(Daugherty, Thomas) (aef). |
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Filing 85
ORDER Granting #84 Joint Motion to Continue Deadlines set in March 15, 2016 Order Requesting Supplemental Briefing. IT IS HEREBY ORDERED that: 1. The Motion shall be and hereby is GRANTED; and 2. Plaintiffs shall file a consolidated supplemental brief as referenced in the Court's March 15, 2016 Order Requesting Supplemental Briefing [Dkt. #83] on or before April 1, 2015; and 3. Defendants shall file a consolidated responsive supplemental brief as referenced in the Court's March 15, 2016 Order Requesting Supplemental Briefing [Dkt. #83] on or before April 15, 2015. Signed by Judge Dana M. Sabraw on 3/21/2016. (aef) (jao).
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| Filing 84 Joint MOTION to Continue Deadlines Set in March 15, 2016 Order Requesting Supplemental Briefing [Dkt.# 83] by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Kane, Matthew) (aef). |
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Filing 83
ORDER Requesting Supplemental Briefing. The Court requests supplemental briefing from the parties that addresses the issues mentioned. Plaintiffs shall file a consolidated supplemental brief on or before March 25, 2016. Defendants shall file a responsive consolidated supplemental brief on or before April 1, 2016. The supplemental briefs shall be no more than ten (10) pages. Signed by Judge Dana M. Sabraw on 3/15/2016.(aef)
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Filing 82
ORDER Denying #60 Plaintiffs' Motion to Remand. Signed by Judge Dana M. Sabraw on 3/4/2016. (aef)
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Filing 81
ORDER Granting #47 Ex Parte Motion to Substitute Attorney. Signed by Judge Dana M. Sabraw on 3/2/2016. (aef)(jao).
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| Filing 80 MOTION for Reconsideration re #37 Order on Motion for Leave to File Document, #60 MOTION to Remand to State Court by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sabrina A. Beldner, #3 Declaration of Susan Stone)(Kane, Matthew) (aef). Added MOTION to Dismiss Party on 3/1/2016 (aef). |
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Filing 79
ORDER RE: ORAL ARGUMENT. The Motion Hearing scheduled for March 4, 2016 is vacated. Signed by Judge Dana M. Sabraw on 2/29/2016.(nbp) (jao).
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| Filing 78 NOTICE of Joinder by Crystal Browning re #77 Reply to Response to Motion to Remand (Attachments: #1 Proof of Service)(Daugherty, Thomas) (nbp) |
| Filing 77 REPLY to Response to Motion re #60 MOTION to Remand to State Court filed by Christian F. Sanchez. (Attachments: #1 Proof of Service Reply)(Gomez, Alvin) (aef). |
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Filing 76
ORDER Granting #70 Ex Parte Motion to Stay Deposition Deadline. The Court finds the benefit in continuing the deposition deadline until the motion for remand and motions to compel arbitration are decided exceeds the harm in enforcing the deposition deadline. The deadline for completion of Sharp Healthcare's corporate representative deposition is STAYED. The Court will not, at this time, institute a further deadline for completion of the deposition as requested by Defendants. Instead, counsel for the parties are ORDERED to JOINTLY contact the chambers of Judge Skomal at (619) 557-2993 within three court days of Judge Sabraw's ruling on the motion for remand and motions to compel arbitration, whichever is later, to discuss compliance with Judge Skomal's chambers rules on discovery disputes and deposition scheduling. Signed by Magistrate Judge Bernard G. Skomal on 2/23/2016. (aef)
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| Filing 75 RESPONSE to Motion re #70 Ex Parte MOTION to Stay re #58 Order on Motion for Extension of Time to Complete Discovery, Pending Resolution of Plaintiffs' Motion to Remand [Dkt. #60] and Defendants' Motions to Compel Arbitration [Dkt. #49-#52] |
| Filing 74 NOTICE by Crystal Browning re #72 Response to Motion, Withdrawal of ECF Document No. 72 (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 73 REPLY to Response to Motion re #70 Ex Parte MOTION to Stay re #58 Order on Motion for Extension of Time to Complete Discovery,,, Pending Resolution of Plaintiffs' Motion to Remand [Dkt. #60] and Defendants' Motions to Compel Arbitration [Dkt. #49-#52] |
| Filing 72 ****DOCUMENT WITHDRAWN PER ENTRY #74 **** - RESPONSE to Motion re #70 Ex Parte MOTION to Stay re #58 Order on Motion for Extension of Time to Complete Discovery,,, Pending Resolution of Plaintiffs' Motion to Remand [Dkt. #60] and Defendants' Motions to Compel Arbitration [Dkt. #49-#52] |
| Filing 71 RESPONSE to Motion re #70 Ex Parte MOTION to Stay re #58 Order on Motion for Extension of Time to Complete Discovery,,, Pending Resolution of Plaintiffs' Motion to Remand [Dkt. #60] and Defendants' Motions to Compel Arbitration [Dkt. #49-#52] |
| Filing 70 Ex Parte MOTION to Stay re #58 Order on Motion for Extension of Time to Complete Discovery,,, Pending Resolution of Plaintiffs' Motion to Remand [Dkt. #60] and Defendants' Motions to Compel Arbitration [Dkt. #49-#52] by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sabrina A. Beldner)(Kane, Matthew) (aef). |
| Filing 69 REQUEST FOR JUDICIAL NOTICE by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare re #67 Response in Opposition to Motion, (Kane, Matthew) (aef). |
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Filing 68
ORDER Re: Oral Argument. Defendants' motions to compel arbitration are currently scheduled for hearing on February 19, 2016. The Court finds these matters suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the February 19, 2016 hearing is vacated. Signed by Judge Dana M. Sabraw on 2/16/2016.(aef)
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| Filing 67 RESPONSE in Opposition re #60 MOTION to Remand to State Court filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Declaration Declaration of Sabrina A. Beldner And Appendix of Exhibits In Opposition to Plaintiffs' Motion to Remand Case To State Court)(Kane, Matthew) (aef). |
| Filing 66 REPLY to Response to Motion re #52 MOTION to Compel Individual Arbitration of Plaintiff Christian Sanchez's PAGA Claims and Stay Action filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Attachments: #1 Evidentiary Objections)(Kane, Matthew) (aef). |
| Filing 65 REPLY to Response to Motion re #50 MOTION to Compel Individual Arbitration of Plaintiff Crystal Browning's PAGA Claims and Stay Action filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Attachments: #1 Evidentiary Objections)(Kane, Matthew)(aef). |
| Filing 64 REPLY to Response to Motion re #51 MOTION to Compel Arbitration of Plaintiff Christian Sanchez's Individual, Non-PAGA Claims and Stay Action filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Supplemental Request for Judicial Notice, #2 Declaration of Kevin M. Duddlesten, #3 Supplemental Declaration of Sabrina Beldner, #4 Evidentiary Objections)(Kane, Matthew) (aef). |
| Filing 63 REPLY to Response to Motion re #49 MOTION to Compel Arbitration of Plaintiff Crystal Browning's Individual, Non-PAGA Claims and Stay Action filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Supplemental Request for Judicial Notice, #2 Supplemental Declaration of Sabrina Beldner, #3 Evidentiary Objections)(Kane, Matthew) (aef). |
| Filing 62 NOTICE of Joinder by Crystal Browning re #60 MOTION to Remand to State Court For Lack of Subject Matter Jurisdiction (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 61 RESPONSE in Opposition re #51 MOTION to Compel Arbitration of Plaintiff Christian Sanchez's Individual, Non-PAGA Claims and Stay Action, #52 MOTION to Compel Individual Arbitration of Plaintiff Christian Sanchez's PAGA Claims and Stay Action Opposition filed by Christian F. Sanchez. (Attachments: #1 Declaration Christian Sanchez, #2 Proof of Service)(Gomez, Alvin) (aef). |
| Filing 60 MOTION to Remand to State Court by Christian F. Sanchez. (Attachments: #1 Memo of Points and Authorities In support of Remand, #2 Proof of Service Notice and Points)(Gomez, Alvin) (aef). |
| Filing 59 RESPONSE in Opposition re #50 MOTION to Compel Individual Arbitration of Plaintiff Crystal Browning's PAGA Claims and Stay Action, #49 MOTION to Compel Arbitration of Plaintiff Crystal Browning's Individual, Non-PAGA Claims and Stay Action filed by Crystal Browning. (Attachments: #1 Declaration of Thomas Daugherty in Support of Plaintiff Crystal Browning's Opposition to Defendants' Motions to Compel Arbitration and Stay Action, #2 Declaration of Crystal Browning in Support of Opposition to Defendants' Motions to Compel Arbitration and Stay Action, #3 Request for Judicial Notice, #4 Proof of Service)(Daugherty, Thomas) (aef). |
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Filing 58
ORDER Granting in part and Denying in part #45 Plaintiffs' Request for an Extension of Time to Conduct Limited Discovery. The Court has found good cause exists to allow fact discovery as to newlyadded Defendant Sharp Healthcare ONLY. As to excusable neglect, three of the four Pioneer factors weigh in favor of allowing the deposition of Sharp Healthcare's corporate representative. Therefore, Plaintiffs' Motion for Extension of Time To Complete Discovery is GRANTED IN PART AND DENIED IN PART. Plaintiffs' counsel may notice the deposition of Sharp Healthcare's corporate representative to occur on or before February 29, 2016, at a time and place convenient to Sharp Healthcare. Signed by Magistrate Judge Bernard G. Skomal on 1/29/2016. (aef)
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| Filing 57 RESPONSE re #56 Objection, to and Motion to Strike Reply to Motion to Amend Scheduling Order filed by Crystal Browning. (Attachments: #1 Proof of Service)(Daugherty, Thomas) |
| Filing 56 OBJECTION by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare re #55 Reply to Response to Motion Defendants' Objections to and Motion to Strike Plaintiff Crystal Browning's New Reply Facts, Arguments and Authorities Improperly Submitted in Support of Motion to Amend Scheduling Order. (Kane, Matthew) (aef). |
| Filing 55 REPLY to Response to Motion re #45 MOTION for Extension of Time to Complete Discovery to Amend Scheduling Order filed by Crystal Browning. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 54 NOTICE: The Court will take Plaintiff's motion for extension of time to complete discovery [ECF No. 45.] under submission pursuant to Local Civil Rule 7.1(d)(1). The January 21, 2016 hearing before Judge Skomal is hereby off-calendar. (no document attached) (mw) |
| Filing 53 RESPONSE in Opposition re #45 MOTION for Extension of Time to Complete Discovery filed by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Declaration in Support of Defendants' Opposition to Plaintiffs' Motion to Amend Scheduling Order)(Kane, Matthew) (aef). |
| Filing 52 MOTION to Compel Individual Arbitration of Plaintiff Christian Sanchez's PAGA Claims and Stay Action by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Sabrina A. Beldner, #4 Declaration of Jon Musgrave, #5 Declaration of Susan Hill, #6 Appendix of Exhibits to Declarations)(Kane, Matthew) (aef). |
| Filing 51 MOTION to Compel Arbitration of Plaintiff Christian Sanchez's Individual, Non-PAGA Claims and Stay Action by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Sabrina A. Beldner, #4 Declaration of Jon Musgrave, #5 Declaration of Susan Hill, #6 Appendix of Exhibits to Declarations)(Kane, Matthew) (aef). |
| Filing 50 MOTION to Compel Individual Arbitration of Plaintiff Crystal Browning's PAGA Claims and Stay Action by David Ahern, Lab Logistics, LLC, Brian P. McArdle. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Sabrina A. Beldner, #4 Declaration of Jon Musgrave, #5 Declaration of Susan Hill, #6 Appendix of Exhibits to Declarations)(Kane, Matthew)(aef). |
| Filing 49 MOTION to Compel Arbitration of Plaintiff Crystal Browning's Individual, Non-PAGA Claims and Stay Action by David Ahern, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Sabrina A. Beldner, #4 Declaration of Jon Musgrave, #5 Declaration of Susan Hill, #6 Appendix of Exhibits to Declarations)(Kane, Matthew)Attorney Matthew Charles Kane added to party Brian P. McArdle(pty:dft), Attorney Matthew Charles Kane added to party SHARP Healthcare(pty:dft)(aef). |
| Filing 48 CERTIFICATE OF SERVICE by Crystal Browning re #45 MOTION for Extension of Time to Complete Discovery (Daugherty, Thomas) (aef). |
| Filing 47 Ex Parte MOTION to Substitute Attorney Alvin M. Gomez by Christian F. Sanchez. (Attachments: #1 Proof of Service Substitution)(Gomez, Alvin)Attorney Alvin Mark Gomez added to party Christian F. Sanchez(pty:pla) (aef). |
| Filing 46 NOTICE Regarding Exhibit Attachment by Crystal Browning re #45 MOTION for Extension of Time to Complete Discovery (Attachments: #1 Declaration of Thomas E. Daugherty in Support of Motion to Amend Scheduling Order, #2 Proof of Service)(Daugherty, Thomas)(aef). |
| Filing 45 MOTION for Extension of Time to Complete Discovery by Crystal Browning. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Amend Scheduling Order, #2 Declaration of Thomas E. Daugherty in Support of Motion to Amend the Scheduling Order, #3 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 44 ANSWER to Complaint with Jury Demand by SHARP Healthcare.(Beldner, Sabrina)Attorney Sabrina A. Beldner added to party SHARP Healthcare(pty:dft) (aef). |
| Filing 43 ANSWER to #38 Amended Complaint, by Lab Logistics, LLC, Brian P. McArdle, David Ahern.(Beldner, Sabrina) (aef). |
| Filing 42 SUMMONS Returned Executed by Crystal Browning. SHARP Healthcare served. (Daugherty, Thomas) (aef). |
| Filing 41 CERTIFICATE OF SERVICE by Crystal Browning re #38 Amended Complaint, (Daugherty, Thomas) (aef). |
| Filing 40 Summons Issued re #38 Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (aef) |
| Filing 39 EXHIBITS re #38 Amended Complaint by Crystal Browning, Christian F. Sanchez .(Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 38 SECOND AMENDED COMPLAINT with Jury Demand against David Ahern, Does 1 through 50, Lab Logistics, LLC, Brian P. McArdle, SHARP Healthcare, a California Corporation, filed by Christian F. Sanchez, Crystal Browning. (Attachments: #1 Proof of Service)New Summons Requested. (Daugherty, Thomas) (aef). |
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Filing 37
ORDER Granting #31 Motion for Leave to File Second Amended Complaint. The Court hereby ORDERS that: 1. Plaintiffs shall be afforded leave to file, and shall promptly file, the Proposed Second Amended Complaint ("SAC") attached to Plaintiffs' Notice of Motion and Motion for Leave to File Second Amended Complaint (Plaintiffs' "Motion for Leave"); and that 2. Plaintiffs' Motion for Leave shall be withdrawn as moot; and that 3. Subsequent to Plaintiff's filing of the SAC, Defendants may file a responsive pleading to the SAC as permitted by the Federal Rules of Civil Procedure, the Local Rules of this Court, and the Civil Pretrial & Trial Procedures of Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 10/27/2015. (aef)
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| Filing 36 NON Opposition re #31 MOTION for Leave to File Second Amended Complaint filed by David Ahern, Lab Logistics, LLC. (Beldner, Sabrina) (aef). |
| Filing 35 NOTICE by Crystal Browning, Christian F. Sanchez Withdrawal of Counsel (Attachments: #1 Proof of Service)(Daugherty, Thomas) (kcm). |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Order to Show Cause Hearing) held on 9/28/2015, before Magistrate Judge Bernard G. Skomal. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/4/2015. Redacted Transcript Deadline set for 11/16/2015. Release of Transcript Restriction set for 1/12/2016. (akr) |
| Filing 33 NOTICE of Appearance by Matthew Charles Kane on behalf of David Ahern, Lab Logistics, LLC (Kane, Matthew)Attorney Matthew Charles Kane added to party David Ahern(pty:dft), Attorney Matthew Charles Kane added to party Lab Logistics, LLC(pty:dft) (aef). |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Show Cause Hearing held on 9/28/2015. The Court issued its oral ruling at the OSC hearing which is incorporated by reference herein. Sanctions to be held in abeyance pending future compliance with orders of the Court. (Plaintiff Attorney Thomas Daugherty). (Defendant Attorneys Kevin Duddlesten, Sabrina Beldner, and Joseph Miguez). (Defendant David Ahern).(no document attached) (mw) |
| Filing 31 MOTION for Leave to File Second Amended Complaint by Crystal Browning, Christian F. Sanchez. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas Daugherty, #3 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 30 ANSWER to #25 Amended Complaint by Lab Logistics, LLC, David Ahern.(Beldner, Sabrina) (aef). |
| Filing 29 NOTICE: The location of the September 28, 2015 Order to Show Cause Hearing (see ECF No. 28) is hereby moved to Courtroom 1F, 221 West Broadway, San Diego, CA 92101. (no document attached) (mw) |
| Filing 28 NOTICE of Change of Hearing: The Order to Show Cause hearing currently scheduled for September 14, 2015, is HEREBY CONTINUED to September 28, 2015 at 9:30 a.m. in Courtroom 1B, 221 West Broadway, San Diego, CA 92101. Each defense attorney who filed a declaration in response to the Courts Order to Show Cause is required to appear in person at the hearing. Defendant David Ahern is also required to appear in-person at the hearing. Plaintiffs counsel may, but is not required to, attend the OSC hearing. (no document attached) (mw) |
| Filing 27 DECLARATION re #20 Order to Show Cause,, of Jaie M. Ritterbeck Regarding Attorneys' Fees and Costs Incurred by Plaintiff to Attend the ENE on August 31, 2015 by Plaintiffs Crystal Browning, Christian F. Sanchez. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 26 DECLARATION re #20 Order to Show Cause,, by Thomas E. Daugherty, Esq. Regarding Attorneys' Fees and Costs Incurred by Plaintiff to Attend the ENE on August 31, 2015 by Plaintiffs Crystal Browning, Christian F. Sanchez. (Attachments: #1 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 25 FIRST AMENDED COMPLAINT with Jury Demand against David Ahern, Lab Logistics, LLC, Brian P. McArdle, filed by Crystal Browning, Christian F. Sanchez. (Attachments: #1 Proof of Service) (Daugherty, Thomas) (aef). |
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Filing 24
ORDER of Stipulation to Plaintiff's Filing of First Amended Complaint and Withdrawal of Motion for Leave to File an Amended Complaint. (Re Doc. #22 ) The Court, having considered the parties' Joint Stipulation to Plaintiff's Filing of First Amended Complaint and Withdrawal of Motion for Leave to File an Amended Complaint, hereby ORDERS that: 1. Plaintiff shall be afforded leave to file, and shall promptly file, the Proposed First Amended Complaint ("FAC") attached to Plaintiff's Notice of Motion and Motion for Leave to File an Amended Complaint (Plaintiff's "Motion for Leave"); and that 2. Plaintiff's Motion for Leave shall be withdrawn as moot; and that 3. Subsequent to Plaintiff's filing of the FAC, Defendants may file a responsive pleading to the FAC as permitted by the Federal Rules of Civil Procedure, the Local Rules of this Court, and the Civil Pretrial & Trial Procedures of Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 9/8/2015. (aef)
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by David Ahern, Lab Logistics, LLC re #20 Order to Show Cause,,. (Attachments: #1 Declaration of Beldner, #2 Declaration of Duddleston, #3 Declaration of Miguez)(Beldner, Sabrina) (aef). |
| Filing 22 Joint MOTION for Leave to File First Amended Complaint And Withdrawal Of Motion For Leave To File An Amended Complaint by David Ahern, Lab Logistics, LLC. (Beldner, Sabrina) (aef). |
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Filing 21
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, an in-person Case Management Conference was held on 8/31/2015. A Mandatory Settlement Conference is set for 6/8/2016 at 01:30 PM before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 7/22/2016. The Proposed Final Pretrial Conference Order is due by 8/12/2016. The Final Pretrial Conference is set for 8/19/2016 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial is set for 9/19/2016 at 09:00 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Bernard G. Skomal on 9/1/2015.(aef)
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Filing 20
ORDER TO SHOW CAUSE for Failing to Comply with Court Order. IT IS HEREBY ORDERED that counsel for Defendants show cause why they and their clients failed to appear and why sanctions should not be imposed. The in-person OSC hearing will be held on September 14, 2015 at 1:30 p.m. in Courtroom 1B, 221 West Broadway, San Diego, CA 92101. IT IS FURTHER ORDERED that on or before September 9, 2015, Defendants are required to file a meaningful written response explaining their failure to respond. Counsel for Plaintiffs are also invited to file a declaration stating the expenses and costs incurred to attend the ENE. The declaration shall be filed on or before September 9, 2015. Signed by Magistrate Judge Bernard G. Skomal on 9/1/2015.(aef)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation Conference held on 8/31/2015. (Plaintiff Attorney Thomas Daugherty and Jamie Ritterbeck). (Defendant Attorney Sabrina Beldner). (no document attached) (mw) |
| Filing 18 MOTION for Leave to File An Amended Complaint by Crystal Browning. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Leave to File an Amended Complaint, #2 Exhibit 1, #3 Declaration of Thomas Daugherty, #4 Declaration of Crystal Browning, #5 Proof of Service)(Daugherty, Thomas) (aef). |
| Filing 17 JOINT DISCOVERY PLAN by Crystal Browning and Defendants Lab Logistics and David Ahern (Attachments: #1 Proof of Service)(Ritterbeck, Jamie) (aef). |
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Filing 16
NOTICE AND ORDER: (1) Re-Setting Early Neutral Evaluation Conference, and (2) Rule 26 Compliance and Case Management Conference. IT IS HEREBY ORDERED that an Early Neutral Evaluation of your case has been re-scheduled for August 31, 2015, at 1:30 p.m. before United States Magistrate Judge Bernard G. Skomal. Confidential ENE Statements Required: No later than August 17, 2015, the parties must submit confidential statements of seven pages or less to Judge Skomal. The Rule 26(f) conference shall be completed on or before July 27, 2015. The date of initial disclosure pursuant to Rule 26(a)(1)(A-D) shall occur before August 10, 2015. A Joint Discovery Plan shall be filed on the CM/ECF system as well as lodged with Magistrate Judge Skomal by delivering the plan directly to chambers or by emailing it to efile_skomal@casd.uscourts.gov, on or before August 17, 2015. In the event the case does not settle at the ENE, a Case Management Conference, pursuant to Federal Rule of Civil Procedure 16(b) will be held at the conclusion of the settlement conference. Signed by Magistrate Judge Bernard G. Skomal on 6/23/2015.(aef)
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Filing 15
ORDER Denying #5 Plaintiff's Motion to Remand. Signed by Judge Dana M. Sabraw on 6/22/2015. (aef)
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| Filing 14 MOTION for Leave to File Surreply to Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Remand to State Court by David Ahern, Lab Logistics, LLC. (Attachments: #1 Exhibit A- Defendants' Surreply)(Miguez, W.) (aef). |
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Filing 13
ORDER Re: Oral Argument. (Re: Doc. #5 ) Plaintiff's motion to remand is currently scheduled for hearing on June 19, 2015. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the June 19, 2015 hearing is vacated. Signed by Judge Dana M. Sabraw on 6/16/2015.(aef)
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| Filing 12 REPLY to Response to Motion re #5 MOTION to Remand to State Court and for Award of Attorney's Fees MOTION for Attorney Fees filed by Crystal Browning. (Attachments: #1 Proof of Service Reply in Support of Motion to Remand)(Ritterbeck, Jamie) (aef). |
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Filing 11
ORDER Approving Pro Hac Vice: Added attorney W. Joseph Miguez, III. Signed by Judge Dana M. Sabraw on 06/03/2015.(ag)
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Filing 10
ORDER Approving Pro Hac Vice: Added attorney Kevin M. Duddlesten. Signed by Judge Dana M. Sabraw on 06/03/2015.(ag)
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| Filing 9 RESPONSE in Opposition re #5 MOTION to Remand to State Court and for Award of Attorney's Fees MOTION for Attorney Fees filed by David Ahern, Lab Logistics, LLC. (Beldner, Sabrina) (aef). |
| Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8108359.) (Application to be reviewed by Clerk.) (Duddlesten, Kevin) (vam). |
| Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8107544.) (Application to be reviewed by Clerk.) (Miguez, W.) (vam). |
| Filing 6 NOTICE of Vacated Hearing: Due to the pending Motion to Remand for lack of diversity jurisdiction [ECF No. 5], the Early Neutral Evaluation Conference currently scheduled for June 3, 2015 in front of Magistrate Judge Skomal is VACATED. The date of the ENE and its attendant deadlines will be reset following the District Court's decision on Plaintiff's motion to remand. (no document attached) (mw) |
| Filing 5 MOTION to Remand to State Court and for Award of Attorney's Fees by Crystal Browning. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Crystal Browning, #3 Declaration of Robert Donovan, #4 Exhibit A to Declaration of Robert Donovan, #5 Declaration of Thomas Daugherty, #6 Exhibit A to Declaration of Thomas Daugherty, #7 Exhibit B to Declaration of Thomas Daugherty, #8 Exhibit C to Declaration of Thomas Daugherty, #9 Exhibit D to Declaration of Thomas Daugherty, #10 Proof of Service)(Ritterbeck, Jamie)Attorney Jamie M Ritterbeck added to party Crystal Browning(pty:pla). Added MOTION for Attorney Fees on 5/13/2015 (aef). |
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Filing 4
NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, and (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation is set for 6/3/2015 at 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 4/23/2015.(aef)
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| Filing 3 NOTICE OF WITHDRAWAL OF DOCUMENT by Lab Logistics, LLC, David Ahern re 1 Answer to Complaint (Notice of Removal) filed by David Ahern, Lab Logistics, LLC . (Attachments: #1 Exhibit H)(Beldner, Sabrina) (aef). |
| Filing 2 NOTICE of Party With Financial Interest by David Ahern, Lab Logistics, LLC. (fth)(jrd) |
| Filing 1 ANSWER to Complaint (Notice of Removal) by David Ahern, Lab Logistics, LLC. (no document attached)(fth)(jrd) |
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