Anthony De La Torre v. United Industries Corporation et al
Plaintiff: Anthony De La Torre
Defendant: Caterpillar, Inc., United Railcar Repair Industries, Progress Rail Services Corporation, United Industries Corporation, Mike Perkins, Does 1 through 100, inclusive and Ponciano Gallardo
Case Number: 2:2015cv04526
Filed: June 15, 2015
Court: U.S. District Court for the Central District of California
Presiding Judge: Fernando M Olguin
Referring Judge: Gail J Standish
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 31, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2015 Filing 35 TRANSMITTAL of documents to Los Angeles County Superior Court - Long Beach Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court - Long Beach Courthouse. (jp)
July 31, 2015 Opinion or Order Filing 34 ORDER REMANDING ACTION by Judge Fernando M. Olguin that (1) Plaintiff's Motion to Remand (Document No. #21 ) is GRANTED. (2) Any pending motion is denied as moot. (3) The above-captioned action shall be remanded to the Los Angeles County Superior Court, 275 Magnolia Avenue, Long Beach, California 90802. (4) The Clerk shall send a certified copy of this Order to the state court. (MD JS-6. Case Terminated.) (jp)
July 28, 2015 Filing 33 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #16 , Motion to Remand #21 and Scheduling Conference are taken off the 7/30/2015 calendar. No appearances are required on 7/30/2015. The Motion to Dismiss and Remand are placed under submission. An order with the court's rulings and further proceedings will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
July 16, 2015 Filing 32 JOINT REPORT of RULE 26 MEETING filed by Plaintiff Anthony De La Torre. (Taibi, Michael)
July 16, 2015 Filing 31 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's first cause of action against Gallardo with prejudice #16 filed by Defendants Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries. (Attachments: #1 Defendant Ponciano Gallardo's Evidentiary Objections to Plaintiff's Opposition to Motion to Dismiss)(Pearl, Carmine)
July 16, 2015 Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Plaintiff Anthony De La Torre. (Attachments: #1 PLAINTIFFS RESPONSE TO DEFENDANTS EVIDENTIARY OBJECTIONS IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND, #2 Proof of Service)(Taibi, Michael)
July 15, 2015 Opinion or Order Filing 29 ORDER GRANTING JOINT STIPULATION #27 TO VOLUNTARILY DISMISS WITHOUT PREJUDICE THE FIRST CAUSE OF ACTION AGAINST DEFENDANT MIKE PERKINS by Judge Fernando M. Olguin. (vdr)
July 15, 2015 Filing 28 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Pursuant to the filing of a Stipulation #27 to Dismiss Mike Perkins, the Order to Show Cause #26 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
July 14, 2015 Filing 27 Joint STIPULATION to Dismiss Defendant Mike Perkins filed by Defendants Ponciano Gallardo, United Railcar Repair Industries, Progress Rail Services Corporation, United Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation to Voluntarily Dismiss Without Prejudice The First Cause of Action Against Defendant Mike Perkins)(Pearl, Carmine)
July 13, 2015 Opinion or Order Filing 26 (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause as to Mike Perkins due by 7/16/2015. (vdr)
July 13, 2015 Opinion or Order Filing 25 ORDER DENYING Joint Stipulation to Vacate or Continue Scheduling Conference #22 by Judge Fernando M. Olguin. (jp)
July 9, 2015 Filing 24 Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Defendants Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries. (Attachments: #1 Defendant's Evidentiary Objections in Opposition to Plaitiff's Motion to Remand)(Pearl, Carmine)
July 9, 2015 Filing 23 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's first cause of action against Gallardo with prejudice #16 filed by Plaintiff Anthony De La Torre. (Attachments: #1 Declaration of Scott A. Kennedy In Support of PL Opposition to Def Motion to Dismiss, #2 Exhibit 1 to Declaration of Scott A. Kennedy In Support of PL Opposition to Def Motion to Dismiss, #3 Exhibit 2 to Declaration of Scott A. Kennedy In Support of PL Opposition to Def Motion to Dismiss, #4 Proof of Service)(Attorney Michael A Taibi added to party Anthony De La Torre(pty:pla))(Taibi, Michael)
July 7, 2015 Filing 22 Joint STIPULATION to Vacate Initial Order Setting R26 Scheduling Conference - form only #19 filed by Defendants Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries. (Attachments: #1 Proposed Order Granting Joint Stipulation to Vacate or Continue Scheduling Conference)(Pearl, Carmine)
July 2, 2015 Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Anthony De La Torre. Motion set for hearing on 7/30/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #2 Declaration of Scott A.Kennedy, Esq. in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #3 Exhibit 1 to Declaration of Scott A.Kennedy, Esq. in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #4 Exhibit 2 to Declaration of Scott A.Kennedy, Esq. in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #5 Exhibit 3 to Declaration of Scott A.Kennedy, Esq. in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #6 Proposed Order in Support of PL Motion to Remand Case to Superior Court of California for the County of Los Angeles, #7 Proof of Service) (Taibi, Michael)
June 29, 2015 Filing 20 Plaintiff Certification and Notice of Interested Parties filed by Plaintiff Anthony De La Torre (Attachments: #1 Proof of Service)(Taibi, Michael)
June 24, 2015 Opinion or Order Filing 19 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 7/30/2015 at 10:00 AM before Judge Fernando M. Olguin; Rule 26 Meeting Report due by 7/16/2015. (vdr)
June 24, 2015 Filing 18 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. All pleadings filed in this matter should contain the case number and the assigned judges' initials to ensure proper routing of documents. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. Judge Olguin is a participant of the Central District of California's pilot project for submission and e-filing of under seal documents. Please refer to the judges' procedures and schedules page on the Court's website for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
June 23, 2015 Opinion or Order Filing 17 ORDER GRANTING JOINT STIPULATION TO VOLUNTARILY DISMISS DEFENDANT CATERPILLAR, INC., WITHOUT PREJUDICE, AS TO ALL CAUSES OF ACTION AND TO DISMISS, WITH PREJUDICE, DEFENDANTS PONCIANO GALLARDO AND MIKE PERKINS FROM THE SECOND AND THIRD CAUSES OF ACTION ONLY by Judge Fernando M. Olguin: Upon Stipulation #12 , Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the entire action (including all causes of action) against Defendant Caterpillar, Inc. in Plaintiff's Complaint is dismissed without prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Second Cause of Action (Wrongful Termination in Violation of Public Policy) and the Third Cause of Action (Retaliation In Violation of California Labor Code section 6310) against Defendants Ponciano Gallardo and Mike Perkins in Plaintiff's Complaint are dismissed with prejudice. With respect to the Dismissed Causes of Action, each party shall bear its own fees, costs and expenses of every kind. (gk)
June 22, 2015 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's first cause of action against Gallardo with prejudice filed by defendants Caterpillar, Inc., Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries. Motion set for hearing on 7/30/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss, #2 Declaration of Jonathan G. Newman in Support of Defendant's Motion to Dismiss, #3 Declaration of Carmine J. Pearl, II In Support of Defendant's Motion to Dismiss, #4 Proposed Order Granting Defendants' Motion to Dismiss) (Pearl, Carmine)
June 22, 2015 Filing 15 NOTICE OF LODGING filed re Miscellaneous Document, #12 , Notice of Deficiency in Electronically Filed Documents (G-112A), #14 (Attachments: #1 Proposed Order Granting Joint Stipulation to Voluntarily Dismiss Defendant Caterpillar, Inc., Without Prejudice, as to All COA and to Dismiss, With Prejudice, Defendants Ponciano Gallardo and Mike Perkins from the Second and Third COA Only)(Pearl, Carmine)
June 19, 2015 Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document (actual document is a Stipulation #12 . The following error(s) was found: (1) incorrect event selected; and (2) Local Rule 7-20, no proposed order attached. Counsel must comply with filing and emailing of a proposed order by 6/22/2015. (vdr)
June 18, 2015 Filing 13 CERTIFICATE OF SERVICE filed by defendant Caterpillar, Inc., Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries, re Certificate/Notice of Interested Parties, #7 , Notice (Other), #2 , Declaration,, #4 , Corporate Disclosure Statement, #8 , Civil Cover Sheet (CV-71), #3 , Notice of Assignment to United States Judges(CV-18) - optional html form #9 , Declaration, #6 , Declaration, #5 served on June 17, 2015. (Pearl, Carmine)
June 18, 2015 Filing 12 Joint Stipulation to Voluntarily Dismiss Defendant Caterpillar, Inc., Without Prejudice, As To All Causes of Action and to Dismiss, With Prejudice, Defendants Ponciano Gallardo and Mike Perkins From the Second and Third Causes of Action Only filed by Defendants Caterpillar, Inc., Ponciano Gallardo, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries (Pearl, Carmine)
June 16, 2015 Filing 11 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney James Ferguson for Plaintiff Anthony De La Torre. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (car)
June 16, 2015 Filing 10 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney H Chris Christy for Plaintiff Anthony De La Torre. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (car)
June 16, 2015 Filing 9 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Gail J. Standish. (car)
June 15, 2015 CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed in State Court by Defendants Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries. Submitted with document 1 State Court Complaint and State Court pleadings.(car)
June 15, 2015 CONFORMED COPY OF COMPLAINT against Defendants Caterpillar, Inc., Does 1 through 100, inclusive, Ponciano Gallardo, Mike Perkins, Progress Rail Services Corporation, United Industries Corporation, United Railcar Repair Industries, filed in State Court on 4/14/15 by Plaintiff Anthony De La Torre. Submitted with Document 1 State Court Complaint and State Court pleadings. (car)
June 15, 2015 Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation identifying Caterpillar Inc. and New York Stock Exchange (NYSE: CAT) as Corporate Parent. (Pearl, Carmine)
June 15, 2015 Filing 7 NOTICE of Interested Parties filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation, identifying Mike Perkins, Law Offices of Michael A. Taibi, and Law Offices of H. Chris Christy. (Pearl, Carmine)
June 15, 2015 Filing 6 DECLARATION of Joni J. Funk re Notice (Other), #2 , Declaration,, #4 , Civil Cover Sheet (CV-71), #3 , Notice of Removal (Attorney Civil Case Opening),,,, #1 , Declaration, #5 filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation. (Pearl, Carmine)
June 15, 2015 Filing 5 DECLARATION of Jonathan G. Newman re Notice (Other), #2 , Declaration,, #4 , Civil Cover Sheet (CV-71), #3 , Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation. (Pearl, Carmine)
June 15, 2015 Filing 4 DECLARATION of Carmine J. Pearl, II re Civil Cover Sheet (CV-71), #3 , Notice (Other), #2 , Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation. (Attachments: #1 Declaration of CJ Pearl (2 of 5), #2 Declaration of CJ Pearl (3 of 5), #3 Declaration of CJ Pearl (4 of 5), #4 Declaration of CJ Pearl (5 of 5))(Pearl, Carmine)
June 15, 2015 Filing 3 CIVIL COVER SHEET filed by Defendants Caterpillar, Inc., a corporation, Gallardo Ponciano, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation. (Pearl, Carmine)
June 15, 2015 Filing 2 NOTICE OF REMOVAL filed as NOTICE Petition and Notice of Removal of Civil Action to United States District Court filed by Defendants Caterpillar, Inc., a corporation, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, United Railcar Repair Industries, a corporation. (Pearl, Carmine) Modified on 6/16/2015 (car).
June 15, 2015 Filing 1 STATE COURT COMPLAINT AND STATE COURT PLEADINGS filed as NOTICE OF REMOVAL from Los Angeles County Superior Court, case number NC060015 Receipt No: 0973-15909049 - Fee: $400, filed by Defendants Gallardo Ponciano, United Railcar Repair Industries, a corporation, Progress Rail Services Corporation, a corporation, United Industries Corporation, a corporation, Caterpillar, Inc., a corporation. (Attachments: #1 Summons, Civil Cover Sheet, Notice of Assignment, Notice of Case Management Conference, Notice of OSC, #2 Answer of Defendants Progress Rail Services Corporation, United Industries Corporation and United Industries Corporation, dba United Railcar Repair Industries to Plaintiff's Complaint) (Attorney Carmine J Pearl, II added to party Caterpillar, Inc., a corporation(pty:dft), Attorney Carmine J Pearl, II added to party Gallardo Ponciano(pty:dft), Attorney Carmine J Pearl, II added to party Progress Rail Services Corporation, a corporation(pty:dft), Attorney Carmine J Pearl, II added to party United Industries Corporation, a corporation(pty:dft), Attorney Carmine J Pearl, II added to party United Railcar Repair Industries, a corporation(pty:dft))(Pearl, Carmine) Modified on 6/16/2015 (car).

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Search for this case: Anthony De La Torre v. United Industries Corporation et al
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Plaintiff: Anthony De La Torre
Represented By: Michael A Taibi
Represented By: Scott A Kennedy
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Defendant: Caterpillar, Inc.
Represented By: Allison C Eckstrom
Represented By: Seth Edward Ort
Represented By: Carmine J Pearl, II
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Defendant: United Railcar Repair Industries
Represented By: Allison C Eckstrom
Represented By: Seth Edward Ort
Represented By: Carmine J Pearl, II
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Defendant: Progress Rail Services Corporation
Represented By: Allison C Eckstrom
Represented By: Seth Edward Ort
Represented By: Carmine J Pearl, II
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Defendant: United Industries Corporation
Represented By: Allison C Eckstrom
Represented By: Seth Edward Ort
Represented By: Carmine J Pearl, II
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Defendant: Mike Perkins
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Defendant: Does 1 through 100, inclusive
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Defendant: Ponciano Gallardo
Represented By: Allison C Eckstrom
Represented By: Seth Edward Ort
Represented By: Carmine J Pearl, II
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