Maxwell et al v. McLane Pacific, Inc. et al
| Maxwell, Shennadoah Maxwell and Charles Evans |
| McLane Pacific, Inc, McLane Pacific, Inc., McLane Suneast, Inc., McLane Company Inc and Does 1-100 |
| 2:2017cv00550 |
| January 23, 2017 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jean P Rosenbluth |
| Alka Sagar |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2017. A more recent docket listing may be available from PACER.
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Filing 99
ORDER RE REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) by Judge Percy Anderson, re Stipulation to Dismiss Case, #98 . Case Terminated. Made JS-6. (mrgo)
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| Filing 98 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Defendant McLane Company Inc, McLane Pacific, Inc., McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Attorney Matthew Charles Kane added to party McLane Pacific, Inc.(pty:dft))(Kane, Matthew) |
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Filing 97
ORDER APPROVING STIPULATION TO FURTHER EXTEND DEADLINE TO ANSWER FIRST AMENDED COMPLAINT by Judge Percy Anderson, re Stipulation to Extend Time to Answer (More than 30 days) #96 . IT IS HEREBY ORDERED THAT the Stipulation shall be and hereby is approved, and Defendant McLane/Suneast, Inc.'s deadline to file its Answer to Plaintiff Shennadoah Maxwell's First Amended Complaint shall be and hereby is extended by three weeks, to and including December 7, 2017, alternatively, no later than December 7, the parties may place their settlement on the record by appearing in person or telephonically. No further extensions. (mrgo)
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| Filing 96 STIPULATION for Extension of Time to File Answer to December 7, 2017 re Amended Complaint/Petition #66 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
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Filing 95
ORDER by Judge Percy Anderson, re Stipulation to Continue, #94 IT IS HEREBY ORDERED THAT the Stipulation approved, and Defendant McLane/Suneast, Inc.'s deadline to file its Answer is extended to and including November 16, 2017. (rfi)
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| Filing 94 STIPULATION to Continue Deadline to Answer First Amended Complaint from November 2, 2017 to November 16, 2017 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order Approving Stipulation to Extend Deadline to Answer First Amended Complaint)(Kane, Matthew) |
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Filing 92
ORDER APPROVING STIPULATION TO CONTINUE SCHEDULING ORDER DATES AND DEADLINES TO FACILITATE SETTLEMENT by Judge Percy Anderson, re Stipulation to Continue #91 . Motion Cut-off date is extended to 12/18/2017. (mrgo)
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| Filing 91 STIPULATION to Continue Scheduling Order Dates and Deadlines to Facilitate Settlement Re: Order,, Set/Reset Deadlines/Hearings, #65 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
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Filing 93
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #71 MOTION to Dismiss Case. For all of the foregoing reasons, the Court grants in part and denies in part Defendant's Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint. Defendant shall file an Answer by no later than November 2, 2017. Failure to file an Answer by that date may result in the entry of Defendant's default. (See document for details) (mrgo)
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| Filing 90 NOTICE of Appearance filed by attorney Tony Roberts on behalf of Plaintiff Shennadoah Maxwell (Attorney Tony Roberts added to party Shennadoah Maxwell(pty:pla))(Roberts, Tony) |
| Filing 89 Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format ("PDF"), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 88 NOTICE Defendant McLane/Suneast, Inc.s Notice of New Decisional Authorities in Further Support of Motion to Dismiss and/or Strike Plaintiffs First Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) filed by Defendant McLane Suneast, Inc.. re #71 (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Matthew) |
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Filing 87
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Response, #86 , Response, #85 to Order to Show Cause. Because Plaintiff failed to comply with the deadlines set by Local Rule 23-3 and the Court to file a motion for class certification, the Court strikes the class allegations from Plaintiff's operative First Amended Complaint. (See document for details) (mrgo)
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| Filing 86 RESPONSE filed by Defendant McLane Suneast, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #81 , Response,, #85 RESPONSE TO PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE WHY THE CLASS ALLEGATIONS SHOULD NOT BE STRICKEN FROM THE FIRST AMENDED COMPLAINT (Kane, Matthew) |
| Filing 85 RESPONSE filed by Plaintiff Shennadoah Maxwell to the Court's Order to Show Cause Why the Class Allegations Should Not Be Stricken from the First Amended Complaint (Attachments: #1 Declaration Jill Vecchi, Esq., #2 Exhibit Exhibit 1 Part 1, #3 Exhibit Exhibit 1 Part 2, #4 Exhibit Exhibit 2 Part 1, #5 Exhibit Exhibit 2 Part 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4, #8 Exhibit Exhibit 5, #9 Exhibit Exhibit 6, #10 Exhibit Exhibit 7, #11 Exhibit Exhibit 8, #12 Proof of Service)(Vecchi, Jill) |
| Filing 84 NOTICE of Appearance filed by attorney Jill Marie Vecchi on behalf of Plaintiff Shennadoah Maxwell (Attorney Jill Marie Vecchi added to party Shennadoah Maxwell(pty:pla))(Vecchi, Jill) |
| Filing 83 NOTICE of Change of Attorney Business or Contact Information: for attorney David A. Wimmer counsel for Defendant McLane Suneast, Inc.. Changing fax number to 310-733-1727. Filed by Defendant McLane/Suneast, Inc.. (Wimmer, David) |
| Filing 82 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #71 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I)(Kane, Matthew) |
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Filing 81
MINUTE IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson: The Court, on its own motion, orders Plaintiff to show cause in writing why the class action allegations should not be stricken from the First Amended Complaint for failure to timely file a motion for class certification. Plaintiffs response to this order to show cause shall be filed by July 5, 2017. Defendants response, if any, shall be filed by July 19, 2017. Neither response shall exceed 15 pages. (shb)
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| Filing 80 MINUTES (IN CHAMBERS) by Judge Percy Anderson re: #78 EX PARTE APPLICATION. Defendant's Ex Parte Application is denied. The Court will consider Plaintiffs Opposition despite the fact that it was untimely filed. The Court warns Plaintiff that any future violations of the Federal Rules of Civil Procedure, the Central District's Local Rules, or the Courts Orders may result in the imposition of sanctions. To cure any prejudice to Defendant, it shall have until June 26, 2017, to file a Reply. Upon the filing of Defendants Reply, the Motion to Dismiss will be deemed under submission. The Court will inform the parties if it requires oral argument. (mrgo) |
| Filing 79 OPPOSITION to EX PARTE APPLICATION to Strike Response in Opposition to Motion #77 #78 filed by Plaintiff Shennadoah Maxwell. (Attachments: #1 Declaration)(McCall, Katharine) |
| Filing 78 EX PARTE APPLICATION to Strike Response in Opposition to Motion #77 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew) |
| Filing 77 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #71 filed by Plaintiff Shennadoah Maxwell. (McCall, Katharine) |
| Filing 76 NOTICE of Non-Receipt of Plaintiff's Opposition to Defendant's Motion to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant McLane Suneast, Inc.. (Kane, Matthew) |
| Filing 74 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Shennadoah Maxwell (Attachments: #1 Proof of Service)(Serb, Jamie) |
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Filing 75
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #72 EX PARTE APPLICATION for Extension of Time to File. Plaintiff's Ex Parte Application (Docket No. 72) is denied. (See document for details) (mrgo)
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| Filing 73 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Plaintiff's Motion for Class Certification #72 filed by Defendant McLane Suneast, Inc.. (Kane, Matthew) |
| Filing 72 EX PARTE APPLICATION for Extension of Time to File Plaintiff's Motion for Class Certification filed by Plaintiff Shennadoah Maxwell. (Attachments: #1 Declaration, #2 Proposed Order) (McCall, Katharine) |
| Filing 71 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant McLane Suneast, Inc.. Motion set for hearing on 7/3/2017 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Kane, Matthew) |
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Filing 70
(IN CHAMBERS) COURT ORDER by Judge Percy Anderson: Before the Court is an Ex Parte Application to Extend Time to File Motion for Class Certification (Docket No. 67) #67 filed by plaintiff Shennadoah Maxwell ("Plaintiff"). Plaintiff's Ex Parte Application is denied. The Court exercises its discretion to continue Plaintiff's Local Rule 23-3 deadline to file a motion for class certification to June 5, 2017. A more detailed minute order will follow. IT IS SO ORDERED. (cr)
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| Filing 69 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification #67 filed by Defendant McLane Suneast, Inc.. (Kane, Matthew) |
| Filing 68 NOTICE Of Intent to File Opposition to Plaintiff Shennadoah Maxwells Ex-Parte Application to [Further] Extend Time to File Motion for Class Certification [Dkt #67] filed by Defendant McLane Suneast, Inc.. (Kane, Matthew) |
| Filing 67 EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Shennadoah Maxwell. (Attachments: #1 Declaration, #2 Proposed Order) (McCall, Katharine) |
| Filing 66 FIRST AMENDED COMPLAINT against DEFENDANT McLane Suneast, Inc. amending Notice of Removal, #1 JURY DEMAND, filed by Plaintiff Shennadoah Maxwell (Attachments: #1 Proof of Service)(Turley, William) |
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Filing 65
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 11/20/2017. Motions due by 11/27/2017. Final Pretrial Conference set for 1/5/2018 at 01:30 AM before Judge Percy Anderson. Jury Trial set for 1/30/2018 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 63
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the Scheduling Conference currently set for hearing on May 8, 2017 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 64
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. Schedule of Trial and Pretrial Dates: (Amended Pleadings due by 7/31/2017. Discovery cut-off 11/20/2017. Exhibit List due by 12/22/2017. Joint Proposed Discovery due by 12/22/2017. Motions due by 11/27/2017. Motions in Limine to be filed by 1/5/2018. Proposed Pretrial Order due by 12/22/2017. Status Report due by 12/22/2017. Last date to conduct settlement conference is 12/4/2017. Final Pretrial Conference set for 1/5/2018 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 1/30/2018 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 62
ORDER RE: PLAINTIFFS SHENNADOAH MAXWELL AND CHARLES EVANS' REQUEST FOR LEAVE TO APPEAR TELEPHONICALLY AT THE SCHEDULING CONFERENCE #61 by Judge Percy Anderson: After full consideration of Plaintiffs' request for telephonic appearance at the Scheduling Conference set for May 8, 2017 in the above-referenced matter, Plaintiffs' request is granted. (cr)
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| Filing 61 REQUEST to Appear Telephonically at the Scheduling Conference and Proposed Order Charles Evans, Shennadoah Maxwell. (Turley, William) |
| Filing 60 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Charles Evans, Shennadoah Maxwell.. (McCall, Katharine) |
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Filing 59
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court grants MCI's Motion to Dismiss for Lack of Personal Jurisdiction. MCI is dismissed without leave to amend and without prejudice. Plaintiffs' request for leave to conduct jurisdictional discovery is denied. The Court grants McLane/Suneast's Motion to Dismiss. Each of the claims alleged in the Complaint are dismissed with leave to amend. The Court denies McLane/Suneast's Motion to Strike. Plaintiffs' First Amended Complaint shall be filed no later than May 15, 2017. Failure to file a First Amended Complaint by that date may result in the dismissal of this action without further warning. (See document for details) (mrgo)
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| Filing 58 DEFENDANT MCLANE/SUNEAST, INC.S SECOND NOTICE OF NEW DECISIONAL AUTHORITY IN FURTHER SUPPORT OF DEFENDANTS PENDING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FED. R. CIV. P. 12(f) re #13 , #14 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Exhibit A)(Kane, Matthew) |
| Filing 56 DEFENDANT MCLANE/SUNEAST, INC.S NOTICE OF NEW DECISIONAL AUTHORITIES IN FURTHER SUPPORT OF DEFENDANTS PENDING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FED. R. CIV. P. 12(f) re #13 , #14 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kane, Matthew) |
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Filing 57
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court are a Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), a Motion to Strike Complaint Pursuant to Fed. R. Civ. P. 12(f), and a Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) (Docket Nos. #13 #14 #15 ) filed by defendants McLane/Suneast, Inc. and McLane Company, Inc. (collectively Defendants). The Court takes these matters under submission. The Court will notify the parties if it deems oral argument necessary. Also before the Court is a Stipulation Regarding Plaintiffs' Deadline Under L.R. 23-3. (Docket No. #54 .) The Stipulation withdraws the Motion for Relief from Local Rule 23-3 (Docket No. #50 ) filed by plaintiffs Shennandoah Maxwell and Charles Evans (collectively Plaintiffs), and requests that the Court stay all discovery in this action until the Court rules on Defendants' pending motions, and extend Plaintiffs' deadline to file a motion for class certification to within ninety days of the filing of Defendants' answer, if any. The Court deems Plaintiffs' Motion for Relief from Local Rule 23-3 withdrawn, but otherwise denies the parties' Stipulation. This action was transferred to the Central District of California on January 23, 2017. Accordingly, under Local Rule 23-3, Plaintiffs' motion for class certification must be filed by April 24, 2017. The Court exercises its discretion to extend Plaintiffs' deadline to file a motion for class certification to May 22, 2017. See document for details. (lom)
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| Filing 55 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] SCHEDULING CONFERENCE set for May 8, 2017 at 10:30 a.m. [FRCP 26(f)] by Judge Percy Anderson: This action has been assigned to the calendar of United States District Judge Percy Anderson. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. In order "to secure the just, speedy, and inexpensive determination of every action," (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. (cr) |
| Filing 54 Stipulation Regarding Plaintiff's Deadline Under L.R. 23-3 re NOTICE OF MOTION AND MOTION for Relief from Local Rule 23-3 #50 #53 filed by Defendants McLane Company Inc, McLane Suneast, Inc.. (Attachments: #1 Proposed Order Approving Stipulation Regarding Plaintiff's Deadline Under L.R. 23-3)(Kane, Matthew) |
| Filing 53 Amendment to NOTICE OF MOTION AND MOTION for Relief from Local Rule 23-3 #50 ; Memorandum of Points and Authorities filed by Plaintiffs Charles Evans, Shennadoah Maxwell. (McCall, Katharine) |
| Filing 52 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Relief from Local Rule 23-3 #50 by Clerk of Court. The document is accepted as filed. Hearing location is incorrect on page two of the motion. Counsel is instructed to file an amended notice with the correct location by no later than March 17, 2017. (mrgo) |
| Filing 51 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Relief from Local Rule 23-3 #50 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Hearing location is incorrect on page 2 of motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) |
| Filing 50 NOTICE OF MOTION AND MOTION for Relief from Local Rule 23-3 filed by Shennadoah Maxwell Charles Evans, Shennadoah Maxwell. Motion set for hearing on 4/17/2017 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Declaration of Katharine McCall, #2 Exhibit Exhibit A of Katharine McCall Declaration, #3 Proposed Order Proposed Order and Proof of Service) (McCall, Katharine) |
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Filing 49
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Stephen V. Wilson, for the reasons set forth on this order. Related Case No. 5:16-cv-01162 SVW (SPx) (esa)
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| Filing 48 NOTICE of Related Case(s) filed by defendant McLane Suneast, Inc.. Related Case(s): 5:16-cv-01162 (Camastra, Emily) |
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Filing 47
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Jean P. Rosenbluth. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Jean P. Rosenbluth to Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-00550 PA(ASx). (rn)
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Filing 46
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 45 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 44 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jean P. Rosenbluth. (et) |
| Filing 43 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:16-cv-05405-JD, from USDC Northern District of California (San Francisco). The above-referenced case has been transferred to this district and assigned the above civil case number 2:17-cv-00550-PA (JPRx). (et) |
| Filing 42 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
| Filing 41 Minute Entry for proceedings held before Hon. James Donato: Motion Hearing held on 1/12/2017. granting #18 Motion to Transfer CaseTotal Time in Court 4 minutes. Court Reporter Name JoAnn Bryce. (lrcS, COURT STAFF) (Date Filed: 1/13/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 40 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d IN FURTHER SUPPORT OF MOTION TO TRANSFER ACTION TO CENTRAL DISTRICT OF CALIFORNIA filed byMcLane Suneast, Inc.. (Related document(s) #31 , #18 ) (Kane, Matthew) (Filed on 1/10/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 39 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kane, Matthew) (Filed on 1/10/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Serb, Jamie) (Filed on 1/9/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 37 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 1/3/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 36 NOTICE of Appearance by Katharine McCall of Counsel (Attachments: #1 Certificate/Proof of Service)(McCall, Katharine) (Filed on 1/3/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 35 NOTICE of Appearance by Adrian Bacon (Bacon, Adrian) (Filed on 1/3/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 34 NOTICE of Appearance by Todd Michael Friedman (Friedman, Todd) (Filed on 1/3/2017) [Transferred from California Northern on 1/23/2017.] |
| Filing 33 CLERK'S NOTICE RE DOCKET NOS. #13 , #14 , #15 , #18 . Notice is hereby given that the motion hearings previously set for January 5, 2017, are continued to January 12, 2017, before Judge James Donato, at 10:00 a.m., in Courtroom 11, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/29/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 32 Request for Judicial Notice in Support of Motion to Transfer Action to Central District of California filed byMcLane Company, Inc., McLane Suneast, Inc.. (Wimmer, David) (Filed on 12/5/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 31 REPLY (re #18 MOTION to Transfer Case to Central District of California ) filed byMcLane Company, Inc., McLane Suneast, Inc.. (Wimmer, David) (Filed on 12/5/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 30 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d in Further Support of Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed byMcLane Suneast, Inc.. (Related document(s) #28 , #13 ) (Kane, Matthew) (Filed on 11/30/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 29 REPLY (re #14 MOTION to Strike Complaint Pursuant to Fed. R. Civ. P. 12(f) ) filed byMcLane Suneast, Inc.. (Kane, Matthew) (Filed on 11/30/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 28 REPLY (re #13 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byMcLane Suneast, Inc.. (Kane, Matthew) (Filed on 11/30/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 27 REPLY (re #15 MOTION to Dismiss for Lack of Jurisdiction Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) ) filed byMcLane Company, Inc., McLane Suneast, Inc.. (Kane, Matthew) (Filed on 11/30/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 26 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 1/19/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco. (lrcS, COURT STAFF) (Filed on 11/29/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 25 OPPOSITION/RESPONSE (re #18 MOTION to Transfer Case to Central District of California ) PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR OPPOSITION TO DEFENDANTS MOTION filed byCharles Evans, Shennadoah Maxwell. (Turley, William) (Filed on 11/28/2016) [Transferred from California Northern on 1/23/2017.] |
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Filing 24
ORDER re #17 Stipulation to Continue Case Management Conference. Initial Case Management Conference set for 1/19/2017 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge James Donato on 11/28/2016. (jdlc1S, COURT STAFF) (Filed on 11/28/2016) [Transferred from California Northern on 1/23/2017.]
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| Filing 23 OPPOSITION/RESPONSE (re #14 MOTION to Strike Complaint Pursuant to Fed. R. Civ. P. 12(f) ) filed byCharles Evans, Shennadoah Maxwell. (Turley, William) (Filed on 11/23/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 22 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss for Lack of Jurisdiction Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) ) filed byCharles Evans, Shennadoah Maxwell. (Attachments: #1 Declaration)(Turley, William) (Filed on 11/23/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 21 Request for Judicial Notice re #13 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), #14 MOTION to Strike Complaint Pursuant to Fed. R. Civ. P. 12(f) filed byCharles Evans, Shennadoah Maxwell. (Related document(s) #13 , #14 ) (Turley, William) (Filed on 11/23/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 20 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byCharles Evans, Shennadoah Maxwell. (Turley, William) (Filed on 11/23/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 19 Request for Judicial Notice re #18 MOTION to Transfer Case to Central District of California filed byMcLane Suneast, Inc.. (Related document(s) #18 ) (Wimmer, David) (Filed on 11/14/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 18 MOTION to Transfer Case to Central District of California filed by McLane Suneast, Inc.. Motion Hearing set for 1/5/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 11/28/2016. Replies due by 12/5/2016. (Attachments: #1 Declaration of Marcela Tropea, #2 Declaration of Patricia Hawkins, #3 Proposed Order Granting Motion to Transfer)(Wimmer, David) (Filed on 11/14/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 17 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by McLane Company, Inc., McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia) (Filed on 11/14/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 16 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #13 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Motion Hearing set for 1/5/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 11/10/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) filed by McLane Company, Inc.. Motion Hearing set for 1/5/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 11/23/2016. Replies due by 11/30/2016. (Attachments: #1 Declaration of P. Echelberger, #2 Declaration of K. Koch, #3 Declaration of M. Tropea, #4 Declaration of P. Hawkins, #5 Declaration of S. McAtee, #6 Proposed Order)(Kane, Matthew) (Filed on 11/9/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 14 MOTION to Strike Complaint Pursuant to Fed. R. Civ. P. 12(f) filed by McLane Suneast, Inc.. Motion Hearing set for 1/5/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 11/23/2016. Replies due by 11/30/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 11/9/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 13 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by McLane Suneast, Inc.. Motion Hearing set for 1/5/2017 10:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 11/23/2016. Replies due by 11/30/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 11/9/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 12 STIPULATION to Further Extend Time to Respond to Initial Complaint filed by McLane Company, Inc., McLane Suneast, Inc.. (Kim, Sylvia) (Filed on 10/21/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 11 STIPULATION to Further Extend Time to Respond to Initial Complaint filed by McLane Company, Inc., McLane Suneast, Inc.. (Kim, Sylvia) (Filed on 10/10/2016) [Transferred from California Northern on 1/23/2017.] |
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Filing 10
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/22/2016 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 12/15/2016.. Signed by Judge James Donato on 9/29/16. (lrcS, COURT STAFF) (Filed on 9/29/2016) [Transferred from California Northern on 1/23/2017.]
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Signed by Executive Committee on 9/28/16. (Attachments: #1 Notice of Eligibility for Video Recording)(sv, COURT STAFF) (Filed on 9/28/2016) [Transferred from California Northern on 1/23/2017.]
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| Filing 8 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shyS, COURT STAFF) (Filed on 9/27/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 7 DECLINATION to Proceed Before a US Magistrate Judge by Charles Evans, Shennadoah Maxwell. (Attachments: #1 Certificate/Proof of Service)(Serb, Jamie) (Filed on 9/27/2016) Modified on 9/28/2016 (aaaS, COURT STAFF). [Transferred from California Northern on 1/23/2017.] |
| Filing 6 STIPULATION to Extend Time to Respond to Initial Complaint filed by McLane Company, Inc., McLane Suneast, Inc.. (Kane, Matthew) (Filed on 9/27/2016) [Transferred from California Northern on 1/23/2017.] |
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/13/2016. Case Management Conference set for 12/20/2016 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 9/21/16. (aaaS, COURT STAFF) (Filed on 9/21/2016) [Transferred from California Northern on 1/23/2017.]
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| Filing 4 Case assigned to Magistrate Judge Elizabeth D. Laporte. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/5/2016. (ha, COURT STAFF) (Filed on 9/21/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 3 NOTICE by McLane Company, Inc., McLane Suneast, Inc. of Pendency of Other Action or Proceedings (Kane, Matthew) (Filed on 9/21/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 2 Certificate of Interested Entities by McLane Company, Inc., McLane Suneast, Inc. identifying Corporate Parent Geico Corporation, Corporate Parent Berkshire Hathaway, Inc., Corporate Parent National Indeminity Company, Corporate Parent OBH Inc. for McLane Company, Inc.. (Kane, Matthew) (Filed on 9/21/2016) [Transferred from California Northern on 1/23/2017.] |
| Filing 1 NOTICE OF REMOVAL of Civil ActionFROM STATE COURT; (NO PROCESS); from Alameda County Superior Court. Their case number is RG16827185. (Filing fee $400 receipt number 0971-10788218). Filed byMcLane Suneast, Inc., McLane Company, Inc. (Attachments: #1 Exhibit A-I, #2 Civil Cover Sheet)(Kane, Matthew) (Filed on 9/21/2016) Modified on 9/22/2016 (aaaS, COURT STAFF). [Transferred from California Northern on 1/23/2017.] |
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