Allan Turnage v. Old Dominion Freight Line, Inc.
Plaintiff: Allan Turnage
Defendant: Old Dominion Freight Line Inc
Case Number: 2:2013cv04742
Filed: July 1, 2013
Court: US District Court for the Central District of California
Presiding Judge: Dale S Fischer
Referring Judge: Ralph Zarefsky
Nature of Suit: Labor: Other
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 27, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2013 Opinion or Order Filing 45 MEMORANDUM: (In Chambers) Order DENYING WITHOUT PREJUDICE as MOOT Defendants Motion to Dismiss (CV 134742 Dkt. No. 39) (See document for further details) by Judge Dale S. Fischer. (ir)
August 12, 2013 Opinion or Order Filing 44 MEMORANDUM: (In Chambers) Order GRANTING Defendant's Motion to Consolidate Cases #38 : All parties to the Consolidated Action shall file all documents in the low-numbered action, Rodriguez v. Old Dominion Freight Line., Inc., et al., CV 13891 DSF (RZx). Turnage v. Old Dominion Freight Line, Inc., CV 134742 DSF (RZx) shall be administratively closed. This Order shall be filed in both actions. No further filings should be made in the administratively closed action. No later than ten court days after this Order issues, Plaintiffs shall file a single Consolidated Complaint that shall supersede the complaints in each of the actions. The parties are required to file the Consolidated Complaint manually pursuant to Local Rule 32. ODFL's pending motion to dismiss #39 in Turnage is DENIED without prejudice. (See document for specific details) IT IS SO ORDERED by Judge Dale S. Fischer. (Made JS-6. Case Terminated.) (ir)
August 6, 2013 Filing 43 Joint STIPULATION to Continue Defendant's Motion to Dismiss from August 26, 2013 to September 9, 2013 filed by Plaintiff Allan Turnage. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Short, Brian)
August 2, 2013 Filing 42 Notice of Withdrawal of Response in Opposition to Motion, #41 filed by Plaintiff Allan Turnage. (Attachments: #1 Proof of Service)(Short, Brian)
July 29, 2013 Filing 41 [DOCUMENT WITHDRAWN 8/2/2013] - OPPOSITION to MOTION to Consolidate Cases, as to CV13-891 DSF (RZx), #38 filed by Plaintiff Allan Turnage. (Attachments: #1 Declaration of Brian R. Short in Support of Opposition to Defendant's Motion to Consolidate, #2 Declaration of Service)(Short, Brian) Modified on 8/5/2013 (shb).
July 29, 2013 Filing 40 NOTICE OF MOTION AND MOTION for Order for Entry of Initial Scheduling Order Phasing Proceedings filed by Defendant Old Dominion Freight Line Inc. Motion set for hearing on 8/26/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order)(Kane, Matthew)
July 29, 2013 Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANT OLD DOMINION FREIGHT LINE, INC.'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(6) AND/OR 12(f) filed by Defendant Old Dominion Freight Line Inc. Motion set for hearing on 8/26/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order)(Kane, Matthew)
July 22, 2013 Filing 38 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to CV13-891 DSF (RZx), filed by Defendant Old Dominion Freight Line Inc. Motion set for hearing on 8/19/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order)(Kane, Matthew)
July 10, 2013 Opinion or Order Filing 37 ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Trial counsel are ordered to appear in person unless counsel have obtained an order from the Court. Scheduling Conference set for 8/26/2013 11:00 AM before Judge Dale S. Fischer. (dp)
July 10, 2013 Opinion or Order Filing 36 INITIAL STANDING ORDER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. (dp)
July 10, 2013 Opinion or Order Filing 35 INITIAL STANDING ORDER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules.(dp)
July 9, 2013 Opinion or Order Filing 34 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV13-00891 DSF (RZx). Case transferred from Judge Percy Anderson and Magistrate Judge Michael R. Wilner to Judge Dale S. Fischer and Magistrate Judge Ralph Zarefsky for all further proceedings. The case number will now reflect the initials of the transferee Judge CV13-04742 DSF (RZx). Signed by Judge Dale S. Fischer (at)
July 8, 2013 Filing 33 NOTICE of Related Case(s) filed by Defendant Old Dominion Freight Line Inc. and Request for Reassignment to the Hon. Dale S. Fischer Related Case(s): CV13-891-DSF (RZx) (Kane, Matthew)
July 5, 2013 Opinion or Order Filing 32 ORDER by Judge Percy Anderson setting Scheduling Conference set for 8/26/2013 at 10:30 AM. Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference. Refer to document for details of the Court's order. (pso)
July 5, 2013 Opinion or Order Filing 31 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Refer to document for details of the Court's order. (pso)
July 3, 2013 Filing 28 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern
July 1, 2013 Filing 30 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap)
July 1, 2013 Filing 29 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 4:13-CV-01409-PJH from USDC, Northern District of California at Oakland. The above-referenced case has been transferred to this district and assigned the Civil Case Number: CV 13-4742 PA (MRWx). (ghap)
July 1, 2013 Case electronically transferred to Central District of California. (vlk, COURT STAFF) (Filed on 6/17/2013) Modified on 6/18/2013 (vlk, COURT STAFF). Modified on 7/1/2013 (vlk, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
June 14, 2013 Opinion or Order Filing 27 ORDER Denying as moot #9 Motion to Dismiss; Denying #14 Motion to Remand; Granting #17 Motion to Transfer. Case ordered transferred to Central District of California. Signed by Judge Hamilton on 6/14/2013. (pjhlc1, COURT STAFF) (Filed on 6/14/2013) [Transferred from California Northern on 7/3/2013.]
June 12, 2013 Filing 26 Minute Entry: Motion Hearing held on 6/12/2013 before Phyllis J. Hamilton (Date Filed: 6/12/2013) re #9 MOTION to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Old Dominion Freight Line, Inc., #17 MOTION to Transfer Case , Dismiss or Stay Action Pursuant to First-to-File Rule and/or 28 U.S.C. 1404 filed by Old Dominion Freight Line, Inc., #14 MOTION to Remand to State Court filed by Allan Turnage. Joint Case Management Statement due by 7/25/2013. Initial Case Management Conference set for 8/1/2013 02:00 PM. (Court Reporter Diane Skillman.) (nah, COURT STAFF) (Date Filed: 6/12/2013) [Transferred from California Northern on 7/3/2013.]
May 29, 2013 Filing 25 REPLY (re #17 MOTION to Transfer Case , Dismiss or Stay Action Pursuant to First-to-File Rule and/or 28 U.S.C. 1404 ) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 5/29/2013) [Transferred from California Northern on 7/3/2013.]
May 24, 2013 Filing 24 DEFENDANT OLD DOMINION FREIGHT LINE, INC.S RESPONSE TO PLAINTIFFS OBJECTION TO #20 DEFENDANTS AMENDED NOTICE OF REMOVAL (Dkt. #18) by Old Dominion Freight Line, Inc. (Kane, Matthew) (Filed on 5/24/2013) Modified on 5/28/2013 (cjl, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
May 24, 2013 Filing 23 DEFENDANT OLD DOMINION FREIGHT LINE, INC.S OBJECTIONS TO #20 AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND TO STATE COURT PURSUANT TO L.R. 7-3 by Old Dominion Freight Line, Inc. (Kane, Matthew) (Filed on 5/24/2013) Modified on 5/28/2013 (cjl, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
May 22, 2013 Filing 22 Request for Judicial Notice re #21 Opposition/Response to Motion, filed byAllan Turnage. (Attachments: #1 Exhibit 1 through 3, #2 Exhibit 4, #3 Exhibit 4 continued, #4 Certificate/Proof of Service)(Related document(s) #21 ) (Short, Brian) (Filed on 5/22/2013) [Transferred from California Northern on 7/3/2013.]
May 22, 2013 Filing 21 RESPONSE (re #17 MOTION to Transfer Case , Dismiss or Stay Action Pursuant to First-to-File Rule and/or 28 U.S.C. 1404 ) filed byAllan Turnage. (Attachments: #1 Declaration of Brian R. Short In Support of Plaintiff's Opposition to Defendant's Motion to Transfer, Dismiss or Stay Pursuant to the First-To-File Doctrine and/or 28 U.S.C. 1404, #2 Certificate/Proof of Service)(Short, Brian) (Filed on 5/22/2013) [Transferred from California Northern on 7/3/2013.]
May 20, 2013 Filing 20 REPLY (re #14 MOTION to Remand to State Court ) and Objection to Defendant's Filing of Amended Notice of Removal filed byAllan Turnage. (Attachments: #1 Declaration of Brian R. Short In Support of Plaintiff's Reply to Defendant's Opposition to Motion to Remand to State Court and Objection to Defendant's Filing of Amended Notice of Removal, #2 Certificate/Proof of Service)(Short, Brian) (Filed on 5/20/2013) [Transferred from California Northern on 7/3/2013.]
May 13, 2013 Filing 19 RESPONSE (re #14 MOTION to Remand to State Court ) Opposition to Plaintiff's Motion to Remand to State Court filed byOld Dominion Freight Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Declaration of Ken Ludwig)(Kane, Matthew) (Filed on 5/13/2013) [Transferred from California Northern on 7/3/2013.]
May 13, 2013 Filing 18 AMENDED DOCUMENT by Old Dominion Freight Line, Inc.. Amendment to #1 Notice of Removal, . (Attachments: #1 Declaration of Ken Ludwig in Support of Removal of Civil Action from State Court)(Kane, Matthew) (Filed on 5/13/2013) [Transferred from California Northern on 7/3/2013.]
May 8, 2013 Filing 17 MOTION to Transfer Case , Dismiss or Stay Action Pursuant to First-to-File Rule and/or 28 U.S.C. 1404 filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 6/12/2013 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 5/22/2013. Replies due by 5/29/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - part 1, #4 Exhibit C - part 2, #5 Exhibit C - part 3, #6 Exhibit D, #7 Declaration of Bill Tittsworth in Support of Motion to Transfer, Dismiss or Stay Action, #8 Proposed Order Granting Motion to Transfer, Dismiss or Stay Action)(Kane, Matthew) (Filed on 5/8/2013) [Transferred from California Northern on 7/3/2013.]
May 1, 2013 Filing 16 CLERKS NOTICE CONTINUING HEARING DATE ON MOTION TO DISMISS, Set/Reset Deadlines as to #9 MOTION to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f). Motion Hearing set for 6/12/2013 09:00 AM before Hon. Phyllis J. Hamilton. (THIS IS A TEXT ONLY DOCKET ENTRY, THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE)(nah, COURT STAFF) (Filed on 5/1/2013) [Transferred from California Northern on 7/3/2013.]
April 30, 2013 Filing 15 Renotice motion hearing re #14 MOTION to Remand to State Court filed byAllan Turnage. Motion Hearing set for 6/12/2013 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #14 ) (Short, Brian) (Filed on 4/30/2013) [Transferred from California Northern on 7/3/2013.]
April 29, 2013 Filing 14 MOTION to Remand to State Court filed by Allan Turnage. Motion Hearing set for 5/29/2013 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 5/13/2013. Replies due by 5/20/2013. (Attachments: #1 Memorandum of Points & Authorities in Support of Plaintiff's Notice of Motion and Motion to Remand to State Court, #2 Declaration of Biran R. Short in Support of Plaintiff's Motion to Remand to State Court, #3 Proposed Order Granting Plaintiff's Motion to Remand to State Court, #4 Certificate/Proof of Service)(Short, Brian) (Filed on 4/29/2013) [Transferred from California Northern on 7/3/2013.]
April 26, 2013 Filing 13 REPLY (re #9 MOTION to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) ) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 4/26/2013) [Transferred from California Northern on 7/3/2013.]
April 19, 2013 Filing 12 CERTIFICATE OF SERVICE by Allan Turnage re Plaintiff's Opposition to Defendant's Motion to Dismiss (Short, Brian) (Filed on 4/19/2013) [Transferred from California Northern on 7/3/2013.]
April 19, 2013 Filing 11 RESPONSE (re #9 MOTION to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) ) filed byAllan Turnage. (Short, Brian) (Filed on 4/19/2013) [Transferred from California Northern on 7/3/2013.]
April 17, 2013 Opinion or Order Filing 10 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/11/2013. Initial Case Management Conference set for 7/18/2013 02:00 PM. Signed by Judge Phyllis J. Hamilton on 4/17/13. (nah, COURT STAFF) (Filed on 4/17/2013) [Transferred from California Northern on 7/3/2013.]
April 5, 2013 Filing 9 MOTION to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 5/15/2013 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 4/19/2013. Replies due by 4/26/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Kane, Matthew) (Filed on 4/5/2013) [Transferred from California Northern on 7/3/2013.]
April 5, 2013 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 4/5/13. (sv, COURT STAFF) (Filed on 4/5/2013) [Transferred from California Northern on 7/3/2013.]
April 4, 2013 Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 4/4/2013) [Transferred from California Northern on 7/3/2013.]
April 3, 2013 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Old Dominion Freight Line, Inc... (Kane, Matthew) (Filed on 4/3/2013) [Transferred from California Northern on 7/3/2013.]
March 29, 2013 Filing 5 ADR SCHEDULING ORDER: Case Management Statement due by 6/21/2013. Case Management Conference set for 6/28/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. (gba, COURT STAFF) (Filed on 3/29/2013) (Additional attachment(s) added on 4/1/2013: #1 Standing Order) (slhS, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
March 29, 2013 Filing 4 NOTICE of Pendency of Other Action or Proceedings by Old Dominion Freight Line, Inc. (gba, COURT STAFF) (Filed on 3/29/2013) (slhS, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
March 29, 2013 Filing 3 Certificate of Interested Entities by Old Dominion Freight Line, Inc. (gba, COURT STAFF) (Filed on 3/29/2013) (slhS, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
March 29, 2013 Filing 2 Declaration of Bill Tittsworth in Support of #1 Notice of Removal, filed by Old Dominion Freight Line, Inc.. (Related document(s) #1 ) (gba, COURT STAFF) (Filed on 3/29/2013) (slhS, COURT STAFF). [Transferred from California Northern on 7/3/2013.]
March 29, 2013 Filing 1 NOTICE OF REMOVAL of Civil Action from State Court; No Process from Alameda County Superior Court. Their case number is HG13664322. (Filing fee $350.00 receipt number 44611). Filed by Old Dominion Freight Line, Inc.. (gba, COURT STAFF) (Filed on 3/29/2013) (Additional attachment(s) added on 4/1/2013: #1 Civil Cover Sheet) (slhS, COURT STAFF). [Transferred from California Northern on 7/3/2013.]

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Plaintiff: Allan Turnage
Represented By: Brian Richard Short
Represented By: Graham S P Hollis
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Defendant: Old Dominion Freight Line Inc
Represented By: Matthew Charles Kane
Represented By: Michael David Mandel
Represented By: Sabrina A Beldner
Represented By: Sylvia Jihae Kim
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