Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et al
Plaintiff: Jose Paz, Juan Romero, Fernando Ramirez, Angel Omar Alvarez and Alberto Rivera
Defendant: Jeffrey Trauner, XPO Logistics Cartage, LLC, XPO Cartage, Inc., A Delaware Corp. XPO Logistics, XPO Logistics, Inc., XPO Cartage, Inc. doing business as XPO Logistics, a Delaware corportion, Does 1 through 50, inclusive, XPO Intermodal Solutions Inc an Ohio corporation doing business as XPO Logistics, XPO Logistics Cartage, LLC doing business as XPO Logistics, a Delaware limited Liability Company and XPO Intermodal Services LLC a Delaware limited liability company doing business as XPO Logistics
Consolidated Counter Defendant: Jairo Moreno Martinez
Consolidated Defendant: Javier Martin Del Campo, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc. and XPO Logistics, LLC
Consolidated Plaintiff: Reynaldo Gomez Acosta, Servando Avila Luciano, Jesus Carreon, Victor Cortes Arrellano and Rodolpho Moreno
Cross Defendant: Edgar Mendoza
Alternative Dispute Resolution (Adr) Provider: Raymond R Kepner
Cross Claimant: XPO Logistics Cartage, LLC 2:18-cv-9144 SJO(Ex) doing business as XPO Logistics
Case Number: 2:2018cv03736
Filed: May 3, 2018
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: R Gary Klausner
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2020 Opinion or Order Filing 312 ORDER by Judge R. Gary Klausner Re Joint Stipulation Re Proposed Notice of Pendency of Class Action and Exclusion Form #311 . See Order for further specifics. (jp)
December 1, 2020 Opinion or Order Filing 311 Joint STIPULATION for Leave to Disseminate Class Notice and Exclusion Form filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C Joe)
November 16, 2020 Opinion or Order Filing 310 (IN CHAMBERS) Order Re: Defendants' Motion for Reconsideration of the Court's Order Granting in part Plaintiffs' Renewed Motion for Class Certification [DE #298 ] by Judge R. Gary Klausner: In summary, because Defendants point to no facts that the Court did not consider in deciding Plaintiffs' Motion for Class Certification, Defendants have failed to establish that reconsideration of the Court's Order certifying the Plaintiffs' class is warranted. The Court DENIES Defendants' Motion. (See Civil Minutes for further specifics). (jp)
November 5, 2020 Opinion or Order Filing 309 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendants/Counterclaimants' Motion for Reconsideration re Order on Motion to Certify Class Action #298 , calendared for hearing on November 9, 2020, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
November 2, 2020 Opinion or Order Filing 308 ORDER re Joint Stipulation to Dismiss Defendant Jeffrey Trauner With Prejudice #307 by Judge R. Gary Klausner that Defendant Jeffrey Trauner shall be dismissed with prejudice from the above-captioned action pursuant to FRCP 41(a)(1)(ii) and any and all claims of Plaintiffs alleged in the Complaint (Dkt. 193) shall be dismissed with prejudice as to Defendant Jeffrey Traunder; Plaintiffs and Defendant Jeffrey Trauner each shall bear their own costs and expenses and thereby waive their rights, if any, to seek such costs or expenses from each other in connection with the above captioned action. (See Order for further specifics.) (jp)
October 30, 2020 Opinion or Order Filing 307 Joint STIPULATION to Dismiss Defendant Jeffrey Trauner filed by Plaintiffs Alberto Rivera, Angel Omar Alvarez, Juan Romero, Jose Paz, Fernando Ramirez. (Attachments: #1 Proposed Order)(Sayas, C Joe)
October 26, 2020 Opinion or Order Filing 306 REPLY in Support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Certify Class Action #291 #298 filed by Defendant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, Inc.. (Attachments: #1 Proof of Service by Email)(Voelz, Scott)
October 21, 2020 Opinion or Order Filing 305 PROOF OF SERVICE filed by Defendant and Cross-Complainant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Notice of Appearance or Withdrawal of Counsel (G-123),,, #302 served on October 21, 2020. (Voelz, Scott)
October 21, 2020 Opinion or Order Filing 304 Notice of Appearance or Withdrawal of Counsel: for attorney Ira Lawrence Gottlieb counsel for Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Kiel Brunetti Ireland is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter Defendants Angel Omar Alvarez, Alberto Rivera, Fernando Ramirez, Juan Romero, and Jose Paz. (Gottlieb, Ira)
October 21, 2020 Opinion or Order Filing 303 Notice of Appearance or Withdrawal of Counsel: for attorney Ira Lawrence Gottlieb counsel for Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Katherine M. Traverso is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter Defendants Angel Omar Alvarez, Alberto Rivera, Fernando Ramirez, Juan Romero, and Jose Paz. (Gottlieb, Ira)
October 20, 2020 Opinion or Order Filing 302 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander J Larro counsel for Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimants XPO Logistics, Inc., XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. Alexander J. Larro is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant and Counter-Claimant, Defendants, and Consolidated Defendants XPO Logistics Cartage, LLC, Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc., and XPO Logistics Port Services, LLC f/k/a XPO Port Services, Inc., XPO Logistics, LLC. (Larro, Alexander)
October 19, 2020 Opinion or Order Filing 301 Plaintiffs' Opposition re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Certify Class Action #291 #298 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Sayas, C Joe)
September 30, 2020 Opinion or Order Filing 300 PROOF OF SERVICE filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Certify Class Action #291 #298 , Notice of Lodging #299 served on September 30, 2020. (Voelz, Scott)
September 30, 2020 Opinion or Order Filing 299 NOTICE OF LODGING filed / Notice of Lodging of [Proposed] Order re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Certify Class Action #291 #298 (Attachments: #1 Proposed Order)(Voelz, Scott)
September 30, 2020 Opinion or Order Filing 298 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Certify Class Action #291 filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. Motion set for hearing on 11/9/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum in Support, #2 Declaration of Alexander Larro in Support, #3 Exhibit 1 to Declaration of Larro, #4 Exhibit 2 to Declaration of Larro, #5 Exhibit 3 to Declaration of Larro) (Voelz, Scott)
September 25, 2020 Opinion or Order Filing 297 REPLY in Support of a Renewed Motion Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 Unredacted version filed pursuant to Court Order dated 9/16/20 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Sayas, C Joe)
September 25, 2020 Opinion or Order Filing 296 SEALED DOCUMENT re Reply (Motion related),, #270 , Order on Motion for Leave to File Document Under Seal, #290 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit 1-Maleski Depo, #2 Exhibit 2-PMK Stevenson Depo)(Sayas, C Joe)
September 25, 2020 Opinion or Order Filing 295 SEALED DOCUMENT re Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 , Order on Motion for Leave to File Document Under Seal, #288 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit 1-Maleski Depo, #2 Exhibit 2-E Flores Depo, #3 Exhibit 3-Trauner Depo, #4 Exhibit 5-Safety Document, #5 Exhibit 6-Safety Handbook, #6 Exhibit 8-IC Operating Contract, #7 Exhibit 11-Standard MVR Review, #8 Exhibit 17-Stevenson Depo, #9 Exhibit 18-2016 Operator Contract, #10 Exhibit 19-Summary of Changes)(Sayas, C Joe)
September 23, 2020 Opinion or Order Filing 294 (IN CHAMBERS) Order Re: Stipulation to Request Status Conference [DE #287 ] by Judge R. Gary Klausner: Due to the unavailability of jurors during the ongoing Covid-19 pandemic, and in accordance with the Court's Continuity of Operations Plan, the Court sets the following dates for the trial and pretrial conference in this case: Trial: 6/8/2021. Pretrial Conference: 5/24/2021. Deadlines for expert disclosures are based on the new trial date as set forth in Rule 26(D). The parties' request for a status conference is therefore Denied as moot. (jp)
September 18, 2020 Opinion or Order Filing 293 SEALED OPPOSITION RE Order on Motion for Leave to File Document Under Seal,, #289 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Declaration of Scott Voelz in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit DD, #6 Exhibit E, #7 Exhibit EE, #8 Exhibit F, #9 Exhibit FF, #10 Exhibit MM, #11 Exhibit N, #12 Exhibit NN, #13 Exhibit PP, #14 Exhibit S, #15 Exhibit W, #16 Exhibit X, #17 Exhibit Z, #18 Declaration of Samantha Arce, #19 Declaration of Blair Davis, #20 Exhibit A, #21 Exhibit C, #22 Declaration of Raymond Limuaco, #23 Declaration of Carlos Penilla, #24 Declaration of Armando Rodriguez, #25 Declaration of Wayne Stevenson, #26 Exhibit A, #27 Declaration of Sam Zilfa, #28 Proposed Order)(Voelz, Scott)
September 18, 2020 Opinion or Order Filing 292 OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC. (Voelz, Scott)
September 16, 2020 Opinion or Order Filing 291 MINUTES (IN CHAMBERS)Order Re: Plaintiffs' Renewed Motion to Certify Class [DE 248] by Judge R. Gary Klausner. For the foregoing reasons, the Court GRANTS in Part Plaintiffs' Motion #248 . See minute order for further details. (lom)
September 16, 2020 Opinion or Order Filing 290 MINUTES (IN CHAMBERS) Order Re: Unopposed Application to File Documents in Support of Plaintiffs' Reply in Support of Class Certification Under Seal [DE 271] by Judge R. Gary Klausner. For the foregoing reasons, the Court therefore orders as follows: Plaintiff's application to seal their Reply brief at docket entry #271 -2 is DENIED. Plaintiff's application to seal the deposition excerpts at docket entries at #271 -2 and #271 -3 is GRANTED. IT IS SO ORDERED. (lom)
September 16, 2020 Opinion or Order Filing 289 MINUTES (IN CHAMBERS) Order Re: Unopposed Application to File Documents in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification Under Seal [DE 263] by Judge R. Gary Klausner. For the foregoing reasons, Defendants' request to seal their Opposition is DENIED without prejudice as to their Opposition at Docket Entry 263-3. Any renewed Application shall be filed within seven days of the issuance of this Order. Defendants' motion is GRANTED as to all other documents requested sealed. IT IS SO ORDERED. (lom)
September 14, 2020 Opinion or Order Filing 288 ORDER RE: APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS, OR PORTIONS THEREOF, OF PLAINTIFFS' "DECLARATION OF C. JOE SAYAS, JR. IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION" #250 by Judge R. Gary Klausner. See order for details. (lom) Modified on 9/15/2020 (lom).
September 14, 2020 Opinion or Order Filing 287 Joint STIPULATION for Order to Request Status Conference in Light of Approaching Trial Date and Additional Pre-Trial Deadlines filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Voelz, Scott)
August 17, 2020 Opinion or Order Filing 286 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to "Defendants' Motion to Strike Deposition Errata", filed 7/28/20. The previously noticed 8/21/20 hearing date is vacated. The Court has taken the Motion under submission without oral argument. (See document for further details.) (sp)
August 7, 2020 Opinion or Order Filing 285 SUPPLEMENT to Stipulation for Order,,,,,,,, #280 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Larro, Alexander)
August 3, 2020 Opinion or Order Filing 284 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC, re Sealed Document,,,, #283 served on August 3, 2020. (Larro, Alexander)
August 3, 2020 Opinion or Order Filing 283 SEALED DOCUMENT JOINT STIPULATION REGARDING DEFENDANTS MOTION TO STRIKE DEPOSITION ERRATA re APPLICATION to file document (Defendants' Unopposed Application for Leave to File Certain Documents Under Seal) under seal #278 , Order on Motion for Leave to File Document Under Seal #282 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., Consol Defendant XPO Logistics, LLC. (Attachments: #1 Exhibit 9 to A. Larro Declaration, #2 Exhibit 11 to A. Larro Declaration, #3 Exhibit 16 to A. Larro Declaration, #4 Exhibit 17 to A. Larro Declaration, #5 Exhibit 9 to Hector De Haro Declaration, #6 Exhibit 11 to Hector De Haro Declaration, #7 Exhibit 14 to Hector De Haro Declaration, #8 Exhibit 19 to Hector De Haro Declaration, #9 Exhibit 21 to Hector De Haro Declaration, #10 Exhibit 23 to Hector De Haro Declaration)(Larro, Alexander)
July 29, 2020 Opinion or Order Filing 282 ORDER Granting Defendants' Unopposed Application for Leave to File Certain Documents Under Seal by Magistrate Judge Charles F. Eick: granting #278 . (sp)
July 28, 2020 Opinion or Order Filing 281 PROOF OF SERVICE filed by Defendant and Counterclaiman Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration,,,, #279 served on July 28, 2020. (Larro, Alexander)
July 28, 2020 Opinion or Order Filing 280 STIPULATION for Order / Joint Stipulation Regarding Defendants' Motion to Strike Deposition Errata filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Declaration of Alexander Larro in Support, #2 Exhibit 1 to A. Larro Declaration, #3 Exhibit 2 to A. Larro Declaration, #4 Exhibit 3 to A. Larro Declaration, #5 Exhibit 4 to A. Larro Declaration, #6 Exhibit 5 to A. Larro Declaration, #7 Exhibit 6 to A. Larro Declaration, #8 Exhibit 7 to A. Larro Declaration, #9 Exhibit 8 to A. Larro Declaration, #10 Exhibit 9 to A. Larro Declaration, #11 Exhibit 10 to A. Larro Declaration, #12 Exhibit 11 to A. Larro Declaration, #13 Exhibit 12 to A. Larro Declaration, #14 Exhibit 13 to A. Larro Declaration, #15 Exhibit 14 to A. Larro Declaration, #16 Exhibit 15 to A. Larro Declaration, #17 Exhibit 16 to A. Larro Declaration, #18 Exhibit 17 to A. Larro Declaration, #19 Declaration of Hector De Haro, #20 Exhibit 1 to H. De Haro Declaration, #21 Exhibit 2 to H. De Haro Declaration, #22 Exhibit 3 to H. De Haro Declaration, #23 Exhibit 4 to H. De Haro Declaration, #24 Exhibit 5 to H. De Haro Declaration, #25 Exhibit 6 to H. De Haro Declaration, #26 Exhibit 7 to H. De Haro Declaration, #27 Exhibit 8 to H. De Haro Declaration, #28 Exhibit 9 to H. De Haro Declaration, #29 Exhibit 10 to H. De Haro Declaration, #30 Exhibit 11 to H. De Haro Declaration, #31 Exhibit 12 to H. De Haro Declaration, #32 Exhibit 13 to H. De Haro Declaration, #33 Exhibit 14 to H. De Haro Declaration, #34 Exhibit 15 to H. De Haro Declaration, #35 Exhibit 16 to H. De Haro Declaration, #36 Exhibit 17 to H. De Haro Declaration, #37 Exhibit 18 to H. De Haro Declaration, #38 Exhibit 19 to H. De Haro Declaration, #39 Exhibit 20 to H. De Haro Declaration, #40 Exhibit 21 to H. De Haro Declaration, #41 Exhibit 22 to H. De Haro Declaration, #42 Exhibit 23 to H. De Haro Declaration, #43 Proposed Order)(Larro, Alexander)
July 28, 2020 Opinion or Order Filing 279 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Defendants' Unopposed Application for Leave to File Certain Documents Under Seal) under seal #278 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, Counter Claimants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., Consol Defendant XPO Logistics, LLC. (Attachments: #1 Exhibit A to A. Larro Declaration ISO Application, #2 Joint Stipulation Regarding Defendants' Motion to Strike Deposition Errata - Unredacted, #3 Exhibit 9 to A. Larro Declaration - Unredacted, #4 Exhibit 11 to A. Larro Declaration - Unredacted, #5 Exhibit 16 to A. Larro Declaration - Unredacted, #6 Exhibit 17 to A. Larro Declaration - Unredacted, #7 Exhibit 9 to Hector De Haro Declaration - Unredacted, #8 Exhibit 11 to Hector De Haro Declaration - Unredacted, #9 Exhibit 14 to Hector De Haro Declaration - Unredacted, #10 Exhibit 19 to Hector De Haro Declaration - Unredacted, #11 Exhibit 21 to Hector De Haro Declaration - Unredacted, #12 Exhibit 23 to Hector De Haro Declaration - Unredacted)(Larro, Alexander)
July 28, 2020 Opinion or Order Filing 278 APPLICATION to file document (Defendants' Unopposed Application for Leave to File Certain Documents Under Seal) under seal filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., Consol Defendant XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Joint Stipulation Regarding Defendants' Motion to Strike Deposition Errata - Redacted, #3 Exhibit 9 to A. Larro Declaration - Redacted, #4 Exhibit 11 to A. Larro Declaration - Redacted, #5 Exhibit 16 to A. Larro Declaration - Redacted, #6 Exhibit 17 to A. Larro Declaration - Redacted, #7 Exhibit 9 to Hector De Haro Declaration - Redacted, #8 Exhibit 11 to Hector De Haro Declaration - Redacted, #9 Exhibit 14 to Hector De Haro Declaration - Redacted, #10 Exhibit 19 to Hector De Haro Declaration - Redacted, #11 Exhibit 21 to Hector De Haro Declaration - Redacted, #12 Exhibit 23 to Hector De Haro Declaration - Redacted)(Larro, Alexander)
June 24, 2020 Opinion or Order Filing 277 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs' Renewed Motion to Certify Class #248 , calendared for hearing on June 29, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
June 19, 2020 Opinion or Order Filing 276 PROOF OF SERVICE filed by Defendant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration, #274 , Sealed Declaration in SupportDeclaration, #275 served on June 19, 2020. (Larro, Alexander)
June 19, 2020 Opinion or Order Filing 275 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in support of Plaintiffs' Renewed Motion for Class Certification under seal #271 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC.(Larro, Alexander)
June 19, 2020 Opinion or Order Filing 274 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in support of Plaintiffs' Renewed Motion for Class Certification under seal #271 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC.(Larro, Alexander)
June 16, 2020 Opinion or Order Filing 273 RESPONSE filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romeroto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,, #267 (Sayas, C)
June 15, 2020 Opinion or Order Filing 272 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in support of Plaintiffs' Renewed Motion for Class Certification under seal #271 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Unredacted Document Reply (unredacted), #2 Unredacted Document Exh 1 - Maleski Depo (unredacted), #3 Unredacted Document Exh 2 - Stevenson Depo (unredacted))(Sayas, C)
June 15, 2020 Opinion or Order Filing 271 APPLICATION to file document Reply in support of Plaintiffs' Renewed Motion for Class Certification under seal filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order, #2 Redacted Document Redacted Reply, #3 Redacted Document Exh 1 - Maleski Depo (redacted), #4 Redacted Document Exh 2 - Stevenson Depo (redacted))(Sayas, C)
June 15, 2020 Opinion or Order Filing 270 REPLY in Support of a Renewed Motion Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Declaration Supplemental Declaration of C. Joe Sayas, Jr., #2 Exhibit Exh 1 - Maleski Depo (redacted), #3 Exhibit Exh 2 - Stevenson Depo (redacted), #4 Exhibit Exh 3 - Letter re Meet & Confer)(Sayas, C)
June 15, 2020 Opinion or Order Filing 269 RESPONSE filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,, #267 (Voelz, Scott)
June 11, 2020 Opinion or Order Filing 268 DECLARATION of Patricia A. Shackelford In Support of Application For Leave To File Certain Documents Under Seal [Dkt. 263] APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #263 for Plaintiffs Jairo Moreno Martinez, Jesus Carreon, and Rodolfo Moreno Martinez Plaintiffs) filed by Consol Counter Defendant Rodolpho Moreno, Consol Plaintiff Rodolpho Moreno. (Shackelford, Patricia)
June 11, 2020 Opinion or Order Filing 267 (IN CHAMBERS) Order Re: Stipulation Consolidating Cases by Judge R. Gary Klausner: On 6/3/2020, this Court issued an Order granting the Parties' stipulation to re-consolidate the five related cases in this action as follows: 2:19-cv-09199-RGK-E, Edgardo Villatoro et al. v. XPO Logistics Port Services, LLC et al., ("Villatoro") and 2:18-cv-08220-RGK-E, Victor Cortes Arrellano et al. v. XPO Port Service Inc., ("Arrellano") were consolidated into the lowest-numbered case, 18-cv-08220. The following cases remain consolidated into 18-cv-03736: Case No. 2: 18-cv-03736-RGK-E, Angel Omar Alvarez et al. v. XPO Logistics Cartage, LLC et al. ("Alvarez"), Case No. 2:18-cv-06175-RGK-E, Jairo Moreno Martinez et al. v. XPO Logistics Cartage, LLC et al. ("Martinez"), and Case No. 2:18-cv-09144-RGK-E, Edgar Mendoza v. XPO Logistics Cartage, LLC et al. ("Mendoza"). As these cases are now consolidated into their respective groups for all purposes, and all filings directed to be made in the lowest-numbered case for each group, the Court therefore orders the patties to show cause in writing by Tuesday 6/16/2020 as to any reason why all but 18-8220 and 18-03736 should not be closed. (jp)
June 8, 2020 Opinion or Order Filing 266 OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Declaration of Scott Voelz in Support, #2 Exhibit A - JMM Trucking Contract, #3 Exhibit B - E-MAC, Inc. Contract, #4 Exhibit C - First Maleski Deposition, #5 Exhibit D - E. Flores Depositon, #6 Exhibit E - Safety Matters Guide, #7 Exhibit F - Carreon Deposition, #8 Exhibit G - Martinez Deposition, #9 Exhibit H - Moreno Deposition, #10 Exhibit I - Rivera Deposition, #11 Exhibit J - Ramirez Deposition, #12 Exhibit K - Paz Deposition, #13 Exhibit L - Alvarez Deposition, #14 Exhibit M - Romero Deposition, #15 Exhibit N - Luciano Deposition, #16 Exhibit O - Acosta Deposition, #17 Exhibit P - E. Mendoza Deposition, #18 Exhibit Q - Gaitan Deposition, #19 Exhibit R - Aguilar Deposition, #20 Exhibit S - Aldrete Deposition, #21 Exhibit T - Vasquez Deposition, #22 Exhibit U - Ugalde Deposition, #23 Exhibit V - R. Mendoza Deposition, #24 Exhibit W - Avalos Deposition, #25 Exhibit X - Lomeli Deposition, #26 Exhibit Y - Serrano Deposition, #27 Exhibit Z - Freeman Deposition, #28 Exhibit AA - First Trauner Deposition, #29 Exhibit BB - On the Rush Trucking 1099 Forms, #30 Exhibit CC - JMM Trucking 1099 Forms, #31 Exhibit DD - First Stevenson Deposition, #32 Exhibit EE - Third Maleski Deposition, #33 Exhibit FF - F. Flores Deposition, #34 Exhibit GG - Second Maleski Deposition, #35 Exhibit HH - Orr Deposition, #36 Exhibit II - Herrera Deposition, #37 Exhibit JJ - Sabory Deposition, #38 Exhibit KK - Zarco Deposition, #39 Exhibit LL - Guy Deposition, #40 Exhibit MM - Fox Deposition, #41 Exhibit NN - Second Trauner Deposition, #42 Exhibit OO - E. Mendoza Interrogatory Responses, #43 Exhibit PP - Second Stevenson Deposition, #44 Exhibit QQ - E. Mendoza RFA Responses, #45 Exhibit RR - Rivera RFA Responses, #46 Exhibit SS - Letter from A. Larro, #47 Exhibit TT - E-MAC, Inc. Income by Customer Summary, #48 Exhibit UU - E-MAC, Inc. Income by Customer Detail, #49 Declaration of Samantha Arce in Support, #50 Declaration of Blair Davis in Support, #51 Davis Declaration Exhibit A - Pay and Bonus Sheets, #52 Davis Declaration Exhibit B - Craigslist Advertisement, #53 Davis Declaration Exhibit C - Example Forms, #54 Declaration of Sandra Garcia in Support, #55 Declaration of Raymond Limuaco in Support, #56 Declaration of Carlos Penilla in Support, #57 Declaration of Armando Rodriguez in Support, #58 Declaration of Wayne Stevenson in Support, #59 Stevenson Declaration Exhibit A - Process for Operating Other Than Under XPO's Authority, #60 Declaration of Sam Zilfa in Support, #61 Notice of Lodging [Proposed] Order, #62 Proposed Order, #63 Proof of Service)(Voelz, Scott)
June 8, 2020 Opinion or Order Filing 265 PROOF OF SERVICE filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration,,,,,,,, #264 , APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #263 served on June 8, 2020. (Voelz, Scott)
June 8, 2020 Opinion or Order Filing 264 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #263 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Voelz Declaration Exhibit A - Stevenson Declaration ISO Application to Seal, #2 Opposition, #3 Voelz Declaration ISO Opposition, #4 Exhibit A - JMM Trucking Contract, #5 Exhibit B - E-MAC, Inc. Contract, #6 Exhibit C - Maleski Deposition, #7 Exhibit E - Safety Matters Guide, #8 Exhibit F - Carreon Deposition, #9 Exhibit G - Martinez Deposition, #10 Exhibit H - Moreno Deposition, #11 Exhibit N - Luciano Deposition, #12 Exhibit P - E. Mendoza Deposition, #13 Exhibit S - Aldrete Deposition, #14 Exhibit W - Avalos Deposition, #15 Exhibit X - Lomeli Deposition, #16 Exhibit Z - Freeman Deposition, #17 Exhibit BB - On the Rush Trucking 1099 Forms, #18 Exhibit CC - JMM Trucking 1099 Forms, #19 Exhibit DD - First Stevenson Deposition, #20 Exhibit EE - Third Maleski Deposition, #21 Exhibit FF - F. Flores Deposition, #22 Exhibit MM - Fox Deposition, #23 Exhibit NN - Second Trauner Deposition, #24 Exhibit OO - E. Mendoza Interrogatory Responses, #25 Exhibit PP - Second Stevenson Deposition, #26 Exhibit TT - E-MAC, Inc. Income by Customer Summary, #27 Exhibit UU - E-MAC, Inc. Income by Customer Detail, #28 Declaration of Samantha Arce, #29 Declaration of Blair Davis, #30 Davis Declaration Exhibit A - Pay and Bonus Sheets, #31 Davis Declaration Exhibit C - Example Forms, #32 Declaration of Raymond Limuaco, #33 Declaration of Carlos Penilla, #34 Declaration of Armando Rodriguez, #35 Declaration of Wayne Stevenson, #36 Stevenson Declaration Exhibit A - Process for Operating Other Than Under XPO's Authority, #37 Declaration of Sam Zilfa, #38 Proposed Order Denying Class Certification)(Voelz, Scott)
June 8, 2020 Opinion or Order Filing 263 APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Notice of Lodging of Proposed Order, #2 Proposed Order Granting Sealing Application, #3 Opposition, #4 Voelz Declaration ISO Class Certification Opposition, #5 Exhibit C - First Maleski Deposition, #6 Exhibit F - Carreon Deposition, #7 Exhibit G - Martinez Deposition, #8 Exhibit H - Moreno Deposition, #9 Exhibit N - Luciano Deposition, #10 Exhibit P - E. Mendoza Deposition, #11 Exhibit S - Aldrete Deposition, #12 Exhibit W - Avalos Deposition, #13 Exhibit X - Lomeli Deposition, #14 Exhibit Z - Freeman Deposition, #15 Exhibit DD - First Stevenson Deposition, #16 Exhibit EE - Third Maleski Deposition, #17 Exhibit FF - F. Flores Deposition, #18 Exhibit MM - Fox Deposition, #19 Exhibit NN - Second Trauner Deposition, #20 Exhibit PP - Second Stevenson Deposition, #21 Declaration of Samantha Arce, #22 Declaration of Blair Davis, #23 Davis Declaration Exhibit A - Pay and Bonus Sheets, #24 Davis Declaration Exhibit B - Craigslist Advertisement, #25 Davis Declaration Exhibit C - Example Forms, #26 Declaration of Raymond Limuaco, #27 Declaration of Carlos Penilla, #28 Declaration of Armando Rodriguez, #29 Declaration of Wayne Stevenson, #30 Stevenson Declaration Exhibit A - Process for Operating Other Than Under XPO's Authority, #31 Declaration of Sam Zilfa, #32 Proposed Order Denying Class Certification)(Voelz, Scott)
June 3, 2020 Opinion or Order Filing 262 ORDER Regarding Joint Stipulation Consolidating the Arrellano and Villatoro Cases #254 by Judge R. Gary Klausner as follows: (1) The following actions are related cases within the meaning of Local Civil Rule 83-1.3.1.: (a) Case No. 2:18-cv-08220-RGK-E, Victor Cortes Arrellano et al. v. XPO Port Service Inc. ("Arrellano"); and (b) Case No. 2:19-cv-09199-RGK-E, Edgardo Villatoro et al. v. XPO Logistics Port Services, LLC et al. ("Villatoro"). (2) Pursuant to FRCP 42(a), the Arrellano and Villatoro actions are hereby consolidated. As a result, the Arrellano action will cease to be consolidated, but will be related with, the Alvarez, Martinez and Mercado actions. (3) The Arrellano and Villatoro actions shall be referred to herein as the "Port Services Consolidated Actions." The Master Docket and Master File for the Consolidated Actions shall be Case No. 2:18-cv-08220-RGK-E, Victor Cortes Arrellano et al. v. XPO Port Service Inc. Plaintiffs will file the renewed motion for class certification regarding thePort Services Consolidated Actions in case No. 2:18-cv-08220-RGK-E. (See Order for further specifics). (jp)
May 27, 2020 Opinion or Order Filing 261 NOTICE OF LODGING OF [PROPOSED] ORDER RE: PLAINTIFF'S RENEWED MOTION FOR CLASS CERTIFICATION re Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
May 27, 2020 Opinion or Order Filing 260 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Proposed Order #249 , for the following reasons: Must be submitted as an attachment to a Notice of Lodging. Please refer to the Local Rules regarding proposed documents. (jp)
May 26, 2020 Opinion or Order Filing 259 PROOF OF SERVICE filed by Defendant and Cross-Complainant Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration,, #258 served on May 26, 2020. (Larro, Alexander)
May 26, 2020 Opinion or Order Filing 258 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Renewed Motion for Class Certification" under seal #250 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Declaration of Wayne Stevenson in Support)(Larro, Alexander)
May 26, 2020 Opinion or Order Filing 257 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document #249 . The following error(s) was/were found: Motion Related Document event utilized in docketing this filing; Proposed Orders tendered for the judge's approval should have been filed as separate attachment to the e-filed "NOTICE OF LODGING". In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (jp)
May 26, 2020 Opinion or Order Filing 256 ORDER Re Stipulation to Dismiss Defendant XPO Logistics, Cartage, LLC from Case Number 2:18-cv-08220-RGK-E #255 by Judge R. Gary Klausner that XPO Logistics Cartage, LLC is dismissed as a defendant in the action designated as Arrellano et al. v. XPO Port Service, Inc. et al., Case Number 2:18-cv-08220-RGK-E. (jp)
May 21, 2020 Opinion or Order Filing 255 STIPULATION to Dismiss Defendant XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc. filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order)(Dias, Luiza)
May 21, 2020 Opinion or Order Filing 254 Joint STIPULATION to Consolidate Cases as to 2:18-cv-08220-RGK-E and 2:19-cv-09199-RGK-E filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order)(Dias, Luiza)
May 21, 2020 Opinion or Order Filing 253 (IN CHAMBERS) Order Re: Motion for Review of Magistrate Judge's March 16, 2020 Ruling [DE #233 ] by Judge R. Gary Klausner: The Court therefore AFFIRMS Judge Eick's Order. (See Civil Minutes for Further Specifics). (jp)
May 21, 2020 Opinion or Order Filing 252 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs' Renewed Motion to Certify Class #248 , is HEREBY ADVANCED TO 06/29/2020 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
May 20, 2020 Opinion or Order Filing 251 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Renewed Motion for Class Certification" under seal #250 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit A-August 29, 2019 Letter, #2 Exhibit B-Sep 3, 2019 Email fr C Kyriacou, #3 Exhibit C-May 15, 2020 Email to A Larro, #4 Exhibit D-May 19, 2020 Email fr A Larro, #5 Unredacted Document Exh 1-Maleski Depo, #6 Unredacted Document Exh 2-E FLores Depo, #7 Unredacted Document Exh 3-Trauner Depo, #8 Unredacted Document Exh 5-Safety Document, #9 Unredacted Document Exh 6-Safety Handbook, #10 Unredacted Document Exh 8-IC Operating Contract, #11 Unredacted Document Exh 11-Standard MVR Review Policy, #12 Unredacted Document Exh 17-Stevenson Depo, #13 Unredacted Document Exh 18-2016 Operator Contract, #14 Unredacted Document Exh 19-Summary of Changes)(Sayas, C)
May 20, 2020 Opinion or Order Filing 250 APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Renewed Motion for Class Certification" under seal filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order, #2 Redacted Document Exh 1-Maleski Depo, #3 Redacted Document Exh 2-E Flores Depo, #4 Redacted Document Exh 3-Trauner Depo, #5 Redacted Document Exh 5-Safety Document, #6 Redacted Document Exh 6-Safety Handbook, #7 Redacted Document Exh 8-IC Operating Contract, #8 Redacted Document Exh 11-Standard MVR Review Policy, #9 Redacted Document Exh 17-Stevenson Depo, #10 Redacted Document Exh 18-2016 Operator Contract, #11 Redacted Document Exh 19-Summary of Changes)(Sayas, C)
May 20, 2020 Opinion or Order Filing 249 [DOCUMENT STRICKEN PER ORDER DATED ON 5/27/2020, SEE DOCKET ENTRY NO. #260 ] - [PROPOSED] ORDER RE: PLAINTIFF'S RENEWED MOTION FOR CLASS CERTIFICATION re Renewed NOTICE OF MOTION AND MOTION to Certify Class #248 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Sayas, C) Modified on 5/27/2020 (jp).
May 20, 2020 Opinion or Order Filing 248 Renewed NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Motion set for hearing on 8/31/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration of C. Joe Sayas, Jr., #3 Exhibit 1 - Maleski Depo, #4 Exhibit 2 - E Flores Depo, #5 Exhibit 3 - Trauner Depo, #6 Exhibit 4 - F Flores Depo, #7 Exhibit 5 - Safety Document, #8 Exhibit 6 - Safety Handbook, #9 Exhibit 7 - Driver Detail Report, #10 Exhibit 8 - IC Operating Contract, #11 Exhibit 9 - Settlement Statement, #12 Exhibit 10 - Violation Summary Letter, #13 Exhibit 11 - Standard MVR Review Policy, #14 Exhibit 12 - Annual Violation & Accident Review, #15 Exhibit 13 - Certificate of Violation & Annual Review, #16 Exhibit 14 - Guy Depo, #17 Exhibit 15 - Maleski Depo II, #18 Exhibit 16 - Osborn CV, #19 Exhibit 17 - Stevenson Depo, #20 Exhibit 18 - 2016 Operator Contract, #21 Exhibit 19 - Summary of Changes, #22 Declaration of Ira Gottlieb, #23 Declaration of Plaintiffs & Putative Class Members, #24 Declaration of Angel Alvarez, #25 Declaration of Alberto Rivera, #26 Declaration of Fernando Ramirez, #27 Declaration of Juan Romero, #28 Declaration of Jose Paz, #29 Declaration of Manuel Aguilar, #30 Declaration of Reyes Alvarez, #31 Declaration of Adolfo Avalos, #32 Declaration of Frank Buesa, #33 Declaration of Jesus Carreon, #34 Declaration of Jose Cerros, #35 Declaration of Napoleon Gaitan, #36 Declaration of Jesus Islas Herrera, #37 Declaration of Jose Herrera, #38 Declaration of Juan Manuel Islas, Jr, #39 Declaration of Jose Angel Lomeli, #40 Declaration of Jose Lopez, #41 Declaration of Jairo Martinez, #42 Declaration of Edgar Mendoza, #43 Declaration of Ricardo Mendoza, #44 Declaration of Ruben Aldrete Ruiz, #45 Declaration of Hugo Sandez, #46 Declaration of Jorge Serrano, #47 Declaration of Jose Luis Ugalde, #48 Declaration of Jack Valdivia, #49 Declaration of Juan Vasquez, #50 Declaration of Michael Yebio) (Sayas, C)
April 24, 2020 Opinion or Order Filing 247 STATUS REPORT (Joint) filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, Counter Claimants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., Consol Defendant XPO Logistics, LLC. (Voelz, Scott)
April 21, 2020 Opinion or Order Filing 246 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs' Motion for Review of Magistrate Judge's March 16, 2020 Ruling Requiring Plaintiffs to Produce Documents #233 , calendared for hearing on April 27, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
April 17, 2020 Opinion or Order Filing 245 (IN CHAMBERS) Order Re: Status Report by Judge R. Gary Klausner: The docket reflects that the current matter has been transferred to this Court. The parties are hereby Order to file a Joint Status Report no later than 4/26/2020. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
April 15, 2020 Opinion or Order Filing 244 ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 11/16/2020 at 9:00 AM. Jury Trial set for 12/1/2020 at 9:00 AM. REFER TO ORDER FOR FURTHER DETAILS. (vv)
April 15, 2020 Opinion or Order Filing 243 STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (vv)
April 14, 2020 Opinion or Order Filing 242 REPLY filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero to Memorandum of Points and Authorities in Support, #233 Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Review of Magistrate Judges March 16, 2020 Ruling (Attachments: #1 Declaration of Hector De Haro In Support of Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Review of Magistrate Judges March 16, 2020 Ruling, #2 Exhibit A - Jose Pazs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #3 Exhibit B - Angel Omar Alvarezs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #4 Exhibit C - Fernando Ramirezs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #5 Exhibit D - Juan Romeros Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #6 Exhibit E - Alberto Riveras Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #7 Exhibit F- Alberto Riveras Supplemental Responses to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #8 Exhibit G - Fernando Ramirez's Deposition Excerpts, #9 Exhibit H - Jose Paz's Deposition Excerpts, #10 Exhibit I - Juan Romero's Deposition Excerpts, #11 Exhibit J - Alberto Rivera's Deposition Excerpts, #12 Exhibit K - Angel Omar Alvarez's Deposition Excerpts, #13 Proposed Order Granting Motion for Review of Magistrate Judges March 16, 2020 Ruling, #14 Proof of Service)(Gutman Dickinson, Julie)
April 14, 2020 Opinion or Order Filing 241 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply #240 , for the following reasons: Document contains single-spaced text - LR 11.3-6. (jp)
April 13, 2020 Opinion or Order Filing 240 [DOCUMENT STRICKEN PER ORDER DATED ON 4/14/2020, SEE DOCKET ENTRY NO. #241 ] - REPLY filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero to Memorandum of Points and Authorities in Support, #233 Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Review of Magistrate Judges March 16, 2020 Ruling (Attachments: #1 Declaration of Hector De Haro In Support of Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Review of Magistrate Judges March 16, 2020 Ruling, #2 Exhibit A - Jose Pazs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #3 Exhibit B - Angel Omar Alvarezs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #4 Exhibit C - Fernando Ramirezs Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #5 Exhibit D - Juan Romeros Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #6 Exhibit E - Alberto Riveras Response to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #7 Exhibit F- Alberto Riveras Supplemental Responses to Defendant/Counterclaimant XPO Logistics Cartage, LLCs Interrogatories Set One, #8 Exhibit G - Fernando Ramirez's Deposition Excerpts, #9 Exhibit H - Jose Paz's Deposition Excerpts, #10 Exhibit I - Juan Romero's Deposition Excerpts, #11 Exhibit J - Alberto Rivera's Deposition Excerpts, #12 Exhibit Angel Omar Alvarez's Deposition Excerpts, #13 Proposed Order Granting Motion for Review of Magistrate Judges March 16, 2020 Ruling, #14 Proof of Service)(Gutman Dickinson, Julie) Modified on 4/14/2020 (jp).
April 7, 2020 Opinion or Order Filing 239 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge R. Gary Klausner: In light of the Order of the Chief Judge reassigning this case to the calendar of Judge R. Gary Klausner #237 , Plaintiffs Motion for Review of Magistrate Judge's March 16, 2020 Ruling Requiring Plaintiffs to Produce Documents #233 erroneously docketed as a Memorandum of Points and Authorities in Support of Motion for Review of Magistrate Judge's March 16, 2020 Ruling Requiring Plaintiffs to Produce Documents is set for hearing on April 27, 2020 at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
April 6, 2020 Opinion or Order Filing 238 OPPOSITION filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC re: Memorandum of Points and Authorities in Support, #233 (Attachments: #1 Declaration of Christianna K. Mantas in Support, #2 Exhibit A to Declaration of Mantas, #3 Exhibit B to Declaration of Mantas, #4 Exhibit C to Declaration of Mantas, #5 Exhibit D to Declaration of Mantas, #6 Proposed Order, #7 Proof of Service)(Voelz, Scott)
April 2, 2020 Opinion or Order Filing 237 ORDER OF THE CHIEF JUDGE (#20-061) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge S. James Otero to the calendar of Judge R. Gary Klausner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-03736 RGK (Ex). (mrgo)
April 2, 2020 Opinion or Order Filing 236 ANSWER to Amended Counterclaim, #118 with JURY DEMAND filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proof of Service)(Zeccola, Frank)
March 30, 2020 Opinion or Order Filing 235 NOTICE OF FILING TRANSCRIPT filed for proceedings 3-13-2020 9:24 a.m. re Transcript #234 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
March 30, 2020 Opinion or Order Filing 234 TRANSCRIPT for proceedings held on 3-13-2020 9:24 A.M. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/20/2020. Redacted Transcript Deadline set for 4/30/2020. Release of Transcript Restriction set for 6/29/2020. (jlo)
March 30, 2020 Opinion or Order Filing 233 MEMORANDUM of Points and Authorities in Support Motion for Review of Magistrate Judges March 16, 2020 Ruling Requiring Plaintiffs to Produce Documents (Attachments: #1 Memorandum Memorandum of Points and Authorities In Support of Motion, #2 Declaration Declaration by Hector de Haro, #3 Proof of Service)(Gutman Dickinson, Julie)
March 23, 2020 Opinion or Order Filing 232 ORDER RE STIPULATION ON EXTENSION OF CLASS CERTIFICATION DEADLINES IN LIGHT OFSHELTER-IN-PLACE ORDER ISSUED BY THE CITY AND COUNTY OF LOS ANGELES #231 by Judge S. James Otero: That Plaintiffs in the Consolidated Actions shall have until 14 days from the lifting of the shelter-in-place order issued by the City and County of Los Angeles to file the Motion for Class Certification in the Consolidated Actions. That the deadline for Defendants Opposition extended to 50 days from the filing of the Motion; Plaintiffs Reply in support of the class certification motion be extended to 15 days from the filing of Defendants Opposition. (lc)
March 20, 2020 Opinion or Order Filing 231 Joint STIPULATION for Extension of Time to File Class Certification Motion and Other Deadlines filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
March 20, 2020 Opinion or Order Filing 230 ORDER RE STIPULATION ON EXTENSION OF CLASS CERTIFICATION DEADLINES IN LIGHT OFSHELTER-IN-PLACE ORDER ISSUED BY THE CITY AND THE CITY AND COUNTY OF LOS ANGELES #229 by Judge S. James Otero:1. That Plaintiffs in the Consolidated Actions shall have until five (5) days from the lifting of the shelter-in-place order issued by the City and County of Los Angeles to file the Motion for Class Certification in the Consolidated Actions. Defendants Opposition shall likewise be extended to thirty (30) days from the filing of the Motion; and3. Plaintiffs Reply be extended to fifteen (15) days from the filing of Defendants Opposition. (lc)
March 19, 2020 Opinion or Order Filing 229 Joint STIPULATION for Extension of Time to File Class Certification Motion and Other Deadlines filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
March 18, 2020 Opinion or Order Filing 228 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick: re: MOTION to Compel Further Responses #210 . The Court has read and considered all papers filed in support of and in opposition to Defendant's "Motion to Compel Further Responses", filed 2/28/20. The previously noticed 3/20/20 hearing date is vacated. The Court has taken the Motion under submission without oral argument. On or before 4/3/20, Plaintiffs Jairo Moreno Martinez and Jesus Carreon shall serve verified answers without objection to Interrogatory No. 11, as narrowed by Defendant's agreement. On or before 4/3/20, Plaintiff's shall serve further responses to Requests for Production Nos. 21, 28 and 48, and shall produce to Defendants all documents responsive thereto, except Plaintiffs' tax returns, attachments thereto and documents created for the sole purpose of preparing Plaintiff's tax returns. (sp)
March 17, 2020 Opinion or Order Filing 227 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to Defendant's "Motion to Compel Compliance with Subpoenas", filed 2/28/20. The previously noticed 3/20/20 hearing date is vacated. The Court has taken the Motion under submission without oral argument. On or before 3/24/20, the subpoenaed entities shall produce to Defendants all of the documents responsive to the subpoenas other than the tax returns, attachments thereto and documents created for the sole purpose of preparing tax returns. re #211 . (sp)
March 16, 2020 Opinion or Order Filing 226 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: re #207 . The Court has read and considered all papers filed in support of and in opposition to the "Motion to Compel Further Responses", filed 2/21/20. The Court heard oral argument on 3/13/20. On or before 3/27/20, Plaintiff's shall produce to Defendants all document reflecting Plaintiffs' income and/or expenses from 2016 to the present, other than Plaintiffs' tax returns, attachments thereto and documents created for the sole purpose of preparing Plaintiff's tax returns. The Motion is otherwise denied. (See document for further details.) (sp).
March 13, 2020 Opinion or Order Filing 225 MINUTES OF Defendants' Motion to Compel Further ResponsesDiscovery Hearing held before Magistrate Judge Charles F. Eick. Case called. Counsel make their appearances. The Court hears argument. Matter is taken under submission. Court Recorder: Courtsmart. (sp)
March 13, 2020 Opinion or Order Filing 224 TRANSCRIPT ORDER as to Defendant and Counterclaimant XPO Logistics Cartage, LLC for Court Smart (CS). Court will contact Christianna K. Mantas at ckyriacou@omm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Kyriacou, Christianna)
March 6, 2020 Opinion or Order Filing 223 PROOF OF SERVICE filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Answer to Complaint (Discovery), #220 served on March 6, 2020. (Voelz, Scott)
March 6, 2020 Opinion or Order Filing 222 PROOF OF SERVICE filed by Defendant XPO Logistics Cartage, LLC, re Supplement(Motion related) #218 served on March 6, 2020. (Voelz, Scott)
March 6, 2020 Opinion or Order Filing 221 PROOF OF SERVICE filed by Defendant and Counterclaimant XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., re Supplement(Motion related), #219 served on March 6, 2020. (Voelz, Scott)
March 6, 2020 Opinion or Order Filing 220 ANSWER to Amended Complaint/Petition #193 with JURY DEMAND filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC.(Voelz, Scott)
March 6, 2020 Opinion or Order Filing 219 SUPPLEMENT to MOTION to Compel Compliance with Subpoenas #211 (Defendant's Supplemental Memorandum in Support of Motion to Compel Compliance with Subpoenas) filed by Defendant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Alexander J. Larro)(Voelz, Scott)
March 6, 2020 Opinion or Order Filing 218 SUPPLEMENT to MOTION to Compel Further Responses #210 (Defendant's Supplemental Memorandum in Support of Motion to Compel Further Responses) filed by Defendant XPO Logistics Cartage, LLC. (Voelz, Scott)
March 2, 2020 Opinion or Order Filing 217 PROOF OF SERVICE filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC, re Supplement(Motion related), #212 served on February 28, 2020. (Voelz, Scott)
March 2, 2020 Opinion or Order Filing 216 PROOF OF SERVICE filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC, re MOTION to Compel Compliance with Subpoenas #211 served on February 28, 2020. (Voelz, Scott)
March 2, 2020 Opinion or Order Filing 215 PROOF OF SERVICE filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC, re MOTION to Compel Further Responses #210 served on February 28, 2020. (Voelz, Scott)
March 2, 2020 Opinion or Order Filing 214 PROOF OF SERVICE filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC, re MOTION to Compel Further Responses #207 served on February 28, 2020. (Voelz, Scott)
February 28, 2020 Opinion or Order Filing 213 DECLARATION of Christianna K. Mantas in Support MOTION to Compel Compliance with Subpoenas #211 (Corrected) filed by Defendant XPO Logistics Cartage, LLC. (Voelz, Scott)
February 28, 2020 Opinion or Order Filing 212 SUPPLEMENT to MOTION to Compel Further Responses #207 (Defendant's Supplemental Memorandum in Support of Motion to Compel Further Responses) filed by Defendant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Christianna K. Mantas)(Voelz, Scott)
February 28, 2020 Opinion or Order Filing 211 NOTICE OF MOTION AND MOTION to Compel Compliance with Subpoenas filed by Defendant and Counter-Claimant XPO Logistics Cartage, LLC. Motion set for hearing on 3/20/2020 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Joint Stipulation Regarding Defendant's Motion to Compel Compliance with Subpoenas, #2 Proposed Order, #3 Declaration of Christianna Mantas, #4 Declaration of Daniel A. Osborn)(Voelz, Scott)
February 28, 2020 Opinion or Order Filing 210 NOTICE OF MOTION AND MOTION to Compel Further Responses filed by Defendant and Counter-Claimant XPO Logistics Cartage, LLC. Motion set for hearing on 3/20/2020 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Joint Stipulation Regarding Defendant's Motion to Compel Further Responses, #2 Proposed Order, #3 Declaration of Christianna Mantas, #4 Declaration of Daniel A. Osborn)(Voelz, Scott)
February 21, 2020 Opinion or Order Filing 209 MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court continues the Jury Trial to December 1, 2020 9:00 a.m. and the Pretrial Conference to Monday, November 16, 2020 9:00 a.m. (lc)
February 21, 2020 Opinion or Order Filing 208 ANSWER to Amended Counterclaim, #118 with JURY DEMAND filed by Plaintiffs/Counterclaim-Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.(Sayas, C)
February 21, 2020 Opinion or Order Filing 207 NOTICE OF MOTION AND MOTION to Compel Further Responses filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC. Motion set for hearing on 3/13/2020 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Joint Stipulation Regarding Defendant's Motion To Compel Further Responses, #2 Proposed Order, #3 Declaration of Christianna K. Mantas, #4 Declaration of Hector De Haro)(Voelz, Scott)
February 20, 2020 Opinion or Order Filing 206 ORDER THAT COUNTERCLAIM-DEFENDANTS MOTION FOR LEAVE OF COURT TO FILE LATE ANSWER TO FIRST AMENDED COUNTERCLAIMS IS GRANTED #205 by Judge S. James Otero: Counterclaim-Defendants are ordered to file and serve said Answer by nolater than within fourteen (14) days of entry of this Order. (lc)
February 13, 2020 Opinion or Order Filing 205 NOTICE OF MOTION AND MOTION to for Leave of Court to File Late Answer to First Amended Counterclaims filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Motion set for hearing on 3/16/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration of Counsel, #3 Proposed Order) (Sayas, C)
February 7, 2020 Opinion or Order Filing 203 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick: re: Notice (Other) #202 . The Court is in receipt of "Defendant's Notice of Non-Complianace, etc.", filed 2/5/20. The request is denied. (sp)
February 6, 2020 Opinion or Order Filing 204 MINUTES (IN CHAMBERS) by Judge S. James Otero ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' MEAL AND REST BREAK CLAIMS OR, IN THE ALTERNATIVE, FOR A STAY OF THE CASE #76 For the foregoing reasons, the Court DENIES WITHOUT PREJUDICE Defendants' Motion. IT IS SO ORDERED. (See minutes for further details)denying #76 (yl)
February 5, 2020 Opinion or Order Filing 202 NOTICE of Non-Compliance filed by Defendant and Counter-Claimant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Alexander Larro, #2 Proof of Service)(Voelz, Scott)
January 10, 2020 Opinion or Order Filing 201 MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER SETTING CLASS CERTIFICATION BRIEFING SCHEDULES [ECF Nos. 197, 198]. Court SETS the briefing schedule as: (1) For the Initial (Alvarez, Martinez, and Mendoza) Plaintiffs, Opening motion due March 23, 2020, Opposition due April 22, 2020, and Reply due May 7, 2020; (2) For the Villatoro and Arrellano Plaintiffs, Opening motion due March 30, 2020, Opposition due May 22, 2020, and Reply due June 5, 2020; (3) forall Plaintiffs, the Court shall hold a joint hearing on June 22, 2020 at 9:00 a.m.; (4) the Court permits 25 pages, 25 pages, and 10 pages for the opening motion, opposition, and reply, respectively. (lc)
January 8, 2020 Opinion or Order Filing 200 NOTICE OF LODGING filed re Stipulation for Order, #198 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,,,, #199 (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
January 8, 2020 Opinion or Order Filing 199 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Order, #198 by Plaintiffs Reynaldo Gomez Acosta, Servando Avila Luciano, and Felix Nunez Duarte (the Arrellano Plaintiffs) and Defendants XPO PORT SERVICES INC., XPO Logistics Port Services, LLC, XPO Logistics Cartage, LLC, XPO Logistics, Inc.. The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Missing proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
January 7, 2020 Opinion or Order Filing 198 Joint STIPULATION for Order Requesting Status Conference and/or to Set Class Certification Briefing Schedule for the Arrellano Plaintiffs' Actions filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proof of Service)(Zeccola, Frank)
January 7, 2020 Opinion or Order Filing 197 Joint STIPULATION for Order Requesting Status Conference to Set Class Certification Briefing Schedule for the Initial Plaintiffs' Actions filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Voelz, Scott)
January 7, 2020 Opinion or Order Filing 196 ORDER GRANTING STIPULATION REGARDING DEFENDANTS FILING OF RESPONSIVE PLEADING AFTER RESOLUTION OF MOTION TO DISMISS PLAINTIFFS MEAL AND REST BREAK CLAIMS #195 by Judge S. James Otero: Defendants Motion to Dismiss the Alvarez Plaintiffs' Meal and Rest Break Claims or, in the Alternative, for a Stayof the Case (Defendants Motion to Dismiss) (Alvarez Dkt. 76), will serve as the responsive pleading to the Fourth Amended Complaint in Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et al., Case No. 2:18-cv-03736-SJO-E (Dkt. 193), the Second Amended Complaint in Jairo Moreno Martinez et al. v. XPO Logistics Cartage, LLC et al., Case No. 2:18-cv-09144-SJO-E (Dkt. 39), the First Amended Complaint in Edgar Mendoza v. XPO Logistics Cartage, LLC et al., Case No. 2:18- cv-06175-SJO-E (Dkt. 32), and the Second Amended Complaint in EdgardoVillatoro, et al. v. XPO Logistics Port Services, LLC, et al., Case No. 2:19-cv-09199-SJO-E (Dkt. 16) (collectively, the Amended Complaints). IT IS FURTHER ORDERED that Defendants will have 30 days to file answers to the Amended Complaints after the Court has resolved Defendants Motion to Dismiss (Alvarez Dkt. 76), the resolution of which will be binding on each of the Parties, without prejudice to any Partys right to file a writ or appeal of said ruling. (lc)
January 3, 2020 Opinion or Order Filing 195 Joint STIPULATION for Order Regarding Defendants' Filing of Responsive Pleading after Resolution of Motion to Dismiss Plaintiffs' Meal and Rest Break Claims filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order)(Voelz, Scott)
December 17, 2019 Opinion or Order Filing 194 ORDER GRANTING STIPULATION REGARDING PLAINTIFFS FILING OF AN AMENDED COMPLAINT AND STIPULATION TO BE BOUND BY THIS COURTS RULING REGARDING PLAINTIFFS MEAL AND REST BREAK CLAIMS #191 by Judge S. James Otero: This Courts ruling on Defendants Motion to Dismiss on the issue of federal preemption of the meal and rest break claims in a related case, Alvarez et al. v. XPO Logistics Cartage, LLC et al., Case No. 2:18-cv- 03736-SJO-E (C.D. Cal.), shall bind the Parties in this case without prejudice to any Partys right to file a writ or appeal of said ruling. Plaintiffs be permitted to file their amended complaint, in the form attached to the Stipulation as Exhibit A, by December 13, 2019 and that Defendants be permitted to file their responsive pleading to Plaintiffs amended complaint by January 10, 2020. The Parties, along with the Alvarez, Arrellano, Martinez, and Mendoza Plaintiffs in the related actions, jointly file proposed class certification briefing schedules by January 7, 2020. (lc)
December 13, 2019 Opinion or Order Filing 193 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #68 , filed by Plaintiffs Alberto Rivera, Angel Omar Alvarez, Fernando Ramirez, Juan Romero, Jose Paz(Gutman Dickinson, Julie)
December 13, 2019 Opinion or Order Filing 192 STATUS REPORT / Mediation Status Report filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC. (Voelz, Scott)
December 12, 2019 Opinion or Order Filing 191 Joint STIPULATION for Order Filing of an Amended Complaints and Stipulation to be Bound by this Court's Ruling Regarding Plaintiffs' Meal and Rest Break Claims filed by Defendant and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Voelz, Scott)
November 27, 2019 Opinion or Order Filing 190 MINUTES (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS ANGEL OMAR ALVAREZ, ALBERTO RIVERA, FERNANDO RAMIREZ, JUAN ROMERO, AND JUAN PAZ'S MOTION TO CERTIFY CLASS [ECF No. 127] by Judge S. James Otero. The Court DENIES WITHOUT PREJUDICE Alvarez Plaintiffs' Motion to Certify Class Action #127 . See document for details. (smo)
November 25, 2019 Opinion or Order Filing 189 SEALED DOCUMENT Unredacted Versions of Documents in support of Declaration of C. Joe Sayas, Jr. re NOTICE OF MOTION AND MOTION to Certify Class #127 , APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Motion for Class Certification" under seal #128 , Order on Motion for Leave to File Document Under Seal #146 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.(Sayas, C)
November 22, 2019 Opinion or Order Filing 188 SEALED DOCUMENT Declaration of C. Joe Sayas, Jr. in Support of re Sealed Reply, #187 , Order on Motion for Leave to File Document, #184 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.(Sayas, C)
November 22, 2019 Opinion or Order Filing 187 SEALED REPLY RE Reply (Motion related), #174 , EX PARTE APPLICATION for Leave to file Document Under Seal #175 , NOTICE OF MOTION AND MOTION to Certify Class #127 , Order on Motion for Leave to File Document, #184 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.(Sayas, C)
November 21, 2019 Opinion or Order Filing 186 SCHEDULING NOTICE by Judge S. James Otero re: NOTICE OF MOTION AND MOTION to Certify Class #127 . The time for said motion hearing on 12/5/2019 is at 09:00 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
November 19, 2019 Opinion or Order Filing 185 Amendment to EX PARTE APPLICATION to Withdraw Dkt. 43 #173 Amended Application to File Motion for Class Certification and Notice of Lodgment Under Seal filed by Consol Plaintiff Victor Cortes Arrellano. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Proposed Order, #21 Proof of Service)(Zeccola, Frank)
November 19, 2019 Opinion or Order Filing 184 ORDER RE: APPLICATION FOR LEAVE TO FILE UNDER SEAL AN UNREDACTED VERSION OF PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, AND UNREDACTED VERSIONS OF EXHIBITS TO DECLARATION OF C. JOE SAYAS, JR. #175 by Judge S. James Otero (lc)
November 18, 2019 Opinion or Order Filing 183 SEALED DOCUMENT (Declaration of Christianna K. Mantas in Support of Plaintiffs' Application for Leave to File Under Seal an Unredacted Version of Plaintiffs' "Reply in Support of Plaintiffs' Motion for Class Certification," and Unredacted Versions of Exhibits to "Declaration of C. Joe Sayas, Jr. in Support of Plaintiffs' Reply to Defendants' Opposition to Motion for Class Certification") re EX PARTE APPLICATION for Leave to file Document Under Seal #175 , Order on Motion for Leave to File Document Under Seal #172 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimants XPO Logistics, Inc., XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC.(Voelz, Scott)
November 18, 2019 Opinion or Order Filing 182 AMENDED DOCUMENT filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Amendment to Reply (Motion related), #174 Amended Caption: Reply in Support of Plaintiffs' Motion for Class Certification (Sayas, C)
November 18, 2019 Opinion or Order Filing 181 PROOF OF SERVICE filed by Defendants and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, re Sealed Opposition,, #180 served on November 18, 2019. (Voelz, Scott)
November 18, 2019 Opinion or Order Filing 180 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION to Certify Class #127 , Order on Motion for Leave to File Document Under Seal #172 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Declaration of Scott Voelz in Support, #2 Declaration of Samantha Arce in Support, #3 Declaration of Raymond Limuaco in Support, #4 Declaration of Armando Rodriguez in Support)(Voelz, Scott)
November 18, 2019 Opinion or Order Filing 179 MINUTE ORDER IN CHAMBERS by Judge S. James Otero:Order DENYING #173 and instead ORDERING DKT. #43 (CV18-8220) SEALED. Based on Plaintiff's statements that Dkt. 43 in Case No. 2:18-cv-08220-SJO-E contains improper redactions, Dkt. 43 shall be sealed. Plaintiffs Reynaldo Gomez Acosta,Servando Avila Luciano, and Felix Nunez Duarte shall file an Amended Application to File Motion for Class Certification and Notice of Lodgment under seal within two days of this Order. (lc)
November 18, 2019 Opinion or Order Filing 178 SCHEDULING NOTICE by Judge S. James Otero re: Errata, #171 , Errata #177 . Notice re #171 , #177 . If the party wishes the Court to consider any revised document, the party shall re-file the document as Amended or Corrected. The Court will not revise any documents filed by the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
November 15, 2019 Opinion or Order Filing 177 NOTICE OF ERRATA filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. correcting Reply (Motion related), #174 Caption as Redacted Version (Sayas, C)
November 15, 2019 Opinion or Order Filing 176 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Motion for Class Certification" under seal #128 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Alberto Rivera, Juan Romero.(Sayas, C)
November 15, 2019 Opinion or Order Filing 175 EX PARTE APPLICATION for Leave to file Document Under Seal filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order) (Sayas, C)
November 15, 2019 Opinion or Order Filing 174 REPLY in Support of a Motion NOTICE OF MOTION AND MOTION to Certify Class #127 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Declaration and Redacted Exhibits)(Sayas, C)
November 14, 2019 Opinion or Order Filing 173 EX PARTE APPLICATION to Withdraw Dkt. 43 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Proposed Order, #23 Proof of Service) (Zeccola, Frank)
November 12, 2019 Opinion or Order Filing 172 ORDER GRANTING DEFENDANTS UNOPPOSED APPLICATION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL #160 by Judge S. James Otero (lc)
November 8, 2019 Opinion or Order Filing 171 NOTICE OF ERRATA filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. correcting Objection/Opposition (Motion related),, #159 (Voelz, Scott)
November 7, 2019 Opinion or Order Filing 170 ORDER GRANTING PLAINTIFFS' RELIEF FROM STANDING ORDERS 4:00 P.M. E-FILING CUTOFF FOR DECLARATION OF PATRICIA A. SHACKELFORD IN SUPPORT OF SEALING CERTAIN DEPOSITION TESTIMONY AND EXHIBITS #167 by Judge S. James Otero: Plaintiffs Declaration Of Patricia A. Shackelford In Support of Sealing Certain Deposition Testimony And Exhibits, Docket No. 164, is deemed timely filed on on November 4, 2019. (es)
November 7, 2019 Opinion or Order Filing 169 ORDER GRANTINGREQUEST TO EXTEND MEDIATION CUT-OFF DATE #168 by Judge S. James Otero. The mediation cut-off date is extended to December 15, 2019. (es)
November 6, 2019 Opinion or Order Filing 168 STIPULATION to Continue Mediation Cut-Off Date from November 15, 2019 to December 15, 2019 filed by Plaintiff Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order, #2 Proof of Service)(Attorney Estephanie Villalpando added to party Angel Omar Alvarez(pty:pla), Attorney Estephanie Villalpando added to party Jose Paz(pty:pla), Attorney Estephanie Villalpando added to party Fernando Ramirez(pty:pla), Attorney Estephanie Villalpando added to party Alberto Rivera(pty:pla), Attorney Estephanie Villalpando added to party Juan Romero(pty:pla))(Villalpando, Estephanie)
November 5, 2019 Opinion or Order Filing 167 EX PARTE APPLICATION for Relief from From Standing Order Re 4:00 P.M. E-Filing Deadline For Declaration Of Patricia A. Shackelford In Support Of Sealing Certain Deposition Testimony And Exhibits [Doc. 164] re Declaration (Motion related), #164 filed by Plaintiffs Jairo Moreno Martinez, Jesus Carreon, and Rodolpho Moreno Jairo Moreno Martinez. (Attachments: #1 Proposed Order) (Shackelford, Patricia)
November 4, 2019 Opinion or Order Filing 164 DECLARATION of Patricia A. Shackelford In Support Of Sealing Certain Deposition Testimony And Exhibits APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #160 Declaration Of Patricia A. Shackelford In Support Of Sealing Certain Deposition Testimony And Exhibits filed by Consol Counter Defendant Jairo Moreno Martinez. (Shackelford, Patricia)
November 1, 2019 Opinion or Order Filing 166 ORDER GRANTING JOINT REQUEST TO EXCEED PAGE LIMITS ON PARTIES'BRIEFS IN SUPPORT OF, AND IN OPPOSITION TO, THE ARRELLANO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION #158 by Judge S. James Otero. IT IS HEREBY ORDERED that Plaintiffs' 25-page Memorandum of Points and Authorities in supp01t of their Motion will be accepted. IT IS FURTHER ORDERED that Defendants may file a 25-page opposition to Plaintiff's Motion, and Plaintiffs may file a 10-page reply in support of their Motion. (lom)
November 1, 2019 Opinion or Order Filing 165 ORDER TO SET CLASS CERTIFICATION BRIEFING SCHEDULE FOR THE ARRELLANO PLAINTIFFS by Judge S. James Otero. The Arrellano Plaintiffs shall file their motion for class certification by 10/25/2019; Defendants shall file their opposition by 12/31/19; and a hearing shall be set for 2/3/2019 at 10:00 a.m. IT IS SO ORDERED. (yl)
November 1, 2019 Opinion or Order Filing 163 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Objection/Opposition (Motion related),, #159 , APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #160 served on November 1, 2019 BY MAIL. (Voelz, Scott)
November 1, 2019 Opinion or Order Filing 162 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration,,, #161 , APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #160 served on October 31, 2019. (Voelz, Scott)
October 31, 2019 Opinion or Order Filing 161 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal #160 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Unredacted Document - Opposition to Plaintiffs' Motion for Class Certification, #2 Unredacted Document - Exhibits C, F, G, H, N, S, W, X, Z, EE, FF, MM, and NN to the Declaration of Scott Voelz, #3 Unredacted Document - Declaration of Samantha Arce, #4 Unredacted Document - Document - Declaration of Raymond Limuaco, #5 Unredacted Document - Declaration of Raymond Limuaco)(Voelz, Scott)
October 31, 2019 Opinion or Order Filing 160 APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents under seal filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document - Opposition to Plaintiffs' Motion for Class Certification, #3 Redacted Document - Exhibits C, F, G, H, N, S, W, X, Z, EE, FF, MM, and NN to the Declaration of Scott Voelz, #4 Redacted Document - Declaration of Samantha Arce, #5 Redacted Document - Declaration of Raymond Limuaco, #6 Redacted Document - Declaration of Armando Rodriguez)(Voelz, Scott)
October 31, 2019 Opinion or Order Filing 159 OPPOSITION re: NOTICE OF MOTION AND MOTION to Certify Class #127 / Defendant XPO Logistics Cartage, LLC and XPO Logistics, Inc.'s Opposition to Plaintiffs' Motion for Class Certification filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Declaration of Scott Voelz, #2 Declaration of Samantha Arce, #3 Declaration of Sandra Garcia, #4 Declaration of Raymond Limuaco, #5 Declaration of Armando Rodriguez)(Voelz, Scott)
October 23, 2019 Opinion or Order Filing 158 STIPULATION to Exceed Page Limitation as to Motion for Class Certification filed by Plaintiffs Victor Cortes Arrellano. (Attachments: #1 Proposed Order)(Dias, Luiza)
October 23, 2019 Opinion or Order Filing 157 STIPULATION for Order To Set Class Certification Briefing Schedule for Arrellano Plaintiffs filed by Plaintiffs Victor Cortes Arrellano. (Attachments: #1 Proposed Order)(Attorney Luiza Vannucci Dias added to party Victor Cortes Arrellano(pty:conpla))(Dias, Luiza)
October 17, 2019 Opinion or Order Filing 156 ORDER GRANTING JOINT REQUEST TO EXCEED PAGE LIMITS OF PARTIES BRIEFS IN SUPPORT OF, AND OPPOSITION TO, PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Judge S. James Otero: Plaintiffs' 25-page Memorandum of Points and Authorities in support of their Motion will be accepted. Defendants may file a 25-page opposition to Plaintiffs Motion, and Plaintiffs may file a 10-page reply in support of their Motion. (lc)
October 17, 2019 Opinion or Order Filing 155 ORDER GRANTING JOINT REQUEST TO EXCEED PAGE LIMITS OF PARTIES BRIEFS IN SUPPORT OF, AND OPPOSITION TO, PLAINTIFFS MOTION FOR CLASS CERTIFICATION #154 by Judge S. James Otero: Plaintiffs' 25-page Memorandum of Points and Authorities in support of their Motion will be accepted. Defendants may file a 25-page opposition to Plaintiffs Motion, and Plaintiffs may file a 10-page reply in support of their Motion. (lc)
October 16, 2019 Opinion or Order Filing 154 Joint REQUEST to Exceed Page Limitation as to Parties' Briefs in Support of, and Opposition to, Plaintiffs' Motion for Class Certification filed by Defendants and Counter-claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service) (Voelz, Scott)
October 11, 2019 Opinion or Order Filing 153 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PLAINTIFFS'/COUNTERDEFENDANTS' MOTION TO DISMISS FIRST AMENDED COUNTERCLAIMS OF XPO LOGISTICS CARTAGE,LLC #125 . (lc)
October 8, 2019 Opinion or Order Filing 152 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims with Proof of Service #125 CORRECTION OF DOCKET #145 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Gutman Dickinson, Julie)
October 8, 2019 Opinion or Order Filing 151 NOTICE OF ERRATA filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. correcting Reply (Motion related), #145 with proof of service (Gutman Dickinson, Julie)
September 27, 2019 Opinion or Order Filing 150 TEXT ONLY ENTRY by Judge S. James Otero. On the Court's motion, the Court vacates and takes off calendar the hearing on the MOTION to Dismiss the First Amended Counterclaims filed by Plaintiffs/Counter-defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, and Juan Romero #125 , previously scheduled for 10/7/2019 at 10:00 AM. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
September 27, 2019 Opinion or Order Filing 149 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: granting #133 . The Court has read and considered all papers filed in support of and in opposition to Defendant XPO Logistics Cartage, LLC's "Motion to Compel Discovery Served on Plaintiff Edgar Mendoza", filed 9/5/19. The Court heard oral argument on 9/27/19. The Motion is granted. It is ordered that, on or before 10/11/19, Plaintiff Edgar Mendoza shall, without objection or exception: (1) serve verified answers to Defendant's "Interrogatories to Plaintiff Edgar Mendoza, Set One". (See document for further details.) (sp)
September 27, 2019 Opinion or Order Filing 148 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: granting #134 Motion to Compel. The Court has read and considered all papers filed in support of and in opposition to Defendant XPO Logistics Cartage, LLC's "Motion to Compel Compliance with Subpoena", filed 9/6/19. The Court heard oral argument on 9/27/19. The Motion is granted. It is Ordered that, on or before 10/11/19, EMAC Trucking, Inc. shall produce to Defendant, without objection or exception, all documents responsive to the subpoena. (sp)
September 27, 2019 Opinion or Order Filing 147 MINUTES OF (1) Defendants' Motion to Compel Discovery Served on Plaintiff Edgar Mendoza, (2)Defendants' Motion to Compel Compliance With Subpoena Hearings held before Magistrate Judge Charles F. Eick. Case called. Counsel make their appearances. The Court hears argument. Matters are taken under submission. Court Recorder: Courtsmart. (sp)
September 25, 2019 Opinion or Order Filing 146 ORDER RE: APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS, OR PORTIONS THEREOF, OF PLAINTIFFS DECLARATION OF C. JOE SAYAS, JR. IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION #128 by Judge S. James Otero(lc)
September 23, 2019 Opinion or Order Filing 145 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims with Proof of Service #125 with proof of service filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Gutman Dickinson, Julie)
September 20, 2019 Opinion or Order Filing 144 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING IN PART EX PARTE APPLICATION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification filed by Defendant and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC #141 . The Court grants a two-week extension and sets the following revised schedule: Defendants' Opposition : October 31, 2019; Plaintiffs' Reply (if any):November 15, 2019; Hearing December 5, 2019. (lc)
September 18, 2019 Opinion or Order Filing 143 Plaintiffs Opposition to Defendants Ex Parte Application for an Order Extending Time, and Plaintiffs Ex Parte Application for an Order to Limit Depositions of Absent Class Members in Excess of Rule 30s Mandate Opposition re: EX PARTE APPLICATION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification #141 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Consol Counter Defendants Jesus Carreon, Jairo Moreno Martinez, Rodolpho Moreno. (Attachments: #1 Declaration in Support of Plaintiffs' Opposition to Ex Parte Application for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification Filed by Defendants and Counter-Claimants, #2 Proof of Service)(Attorney Ira Lawrence Gottlieb added to party Jesus Carreon(pty:concnd), Attorney Ira Lawrence Gottlieb added to party Jairo Moreno Martinez(pty:concnd), Attorney Ira Lawrence Gottlieb added to party Rodolpho Moreno(pty:concnd))(Gottlieb, Ira)
September 16, 2019 Opinion or Order Filing 142 PROOF OF SERVICE filed by Defendant and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, re EX PARTE APPLICATION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification #141 served on 09/16/2019. (Voelz, Scott)
September 16, 2019 Opinion or Order Filing 141 EX PARTE APPLICATION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification filed by Defendant and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Larro, #3 Proposed Order) (Voelz, Scott)
September 16, 2019 Opinion or Order Filing 140 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims with Proof of Service #125 filed by Consol Cross Claimant XPO Logistics Cartage, LLC. (Voelz, Scott)
September 13, 2019 Opinion or Order Filing 139 SUPPLEMENT to MOTION to Compel Compliance with Subpoena #134 (Defendant's Supplemental Memorandum In Support Of Motion To Compel Compliance With Subpoena) filed by Defendant XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Alexander Larro, #2 Proof of Service)(Voelz, Scott)
September 10, 2019 Opinion or Order Filing 138 PROOF OF SERVICE filed by Defendant XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, re Sealed Declaration in SupportDeclaration,, #137 served on 09-09-2019. (Larro, Alexander)
September 9, 2019 Opinion or Order Filing 137 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Motion for Class Certification" under seal #128 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of William A. Maleski (Sealed)(Larro, Alexander)
September 6, 2019 Opinion or Order Filing 136 PROOF OF SERVICE filed by Defendant and Counter-Claimant XPO Logistics Cartage, LLC, re MOTION to Compel Compliance with Subpoena #134 , Joint Stipulation re Discovery Motion, #135 served on 09/06/2019. (Voelz, Scott)
September 6, 2019 Opinion or Order Filing 135 JOINT STIPULATION to MOTION to Compel Compliance with Subpoena #134 filed by Defendant XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Alexander Larro in Support)(Voelz, Scott)
September 6, 2019 Opinion or Order Filing 134 NOTICE OF MOTION AND MOTION to Compel Compliance with Subpoena filed by Defendant and Counter-Claimant XPO Logistics Cartage, LLC. Motion set for hearing on 9/27/2019 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Proposed Order)(Voelz, Scott)
September 5, 2019 Opinion or Order Filing 133 NOTICE OF MOTION AND MOTION to Compel Discovery Served on Plaintiff Edgar Mendoza filed by Defendant and Counterclaimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. Motion set for hearing on 9/27/2019 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Joint Stipulation Regarding Defendant's Motion to Compel Discovery Served on Plaintiff Edgar Mendoza, #2 Declaration of Alexander Larro in Support of Joint Stipulation, #3 Declaration of Christianna Kyriacou in Support of Joint Stipulation, #4 Proposed Order, #5 Proof of Service)(Voelz, Scott)
September 5, 2019 Opinion or Order Filing 132 ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR COUNTERCLAIMANT TORESPOND TO COUNTERDEFENDANTS MOTION TO DISMISS #126 by Judge S. James Otero : Counterclaimant XPO Logistics Cartage, LLC, has until September 16, 2019 to file its opposition to Counterdefendants Motion to Dismiss First Amended Counterclaims, that Counterdefendants correspondingly have until September 23, 2019 to file their reply, and further orders that the hearing on Counterdefendants Motion to Dismiss be continued until October 7, 2019 10:00 AM #125 . (lc)
September 4, 2019 Opinion or Order Filing 131 ORDER GRANTING PLAINTIFFS RELIEF FROM STANDING ORDERS 4:00 P.M. EFILING CUTOFF FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION #129 by Judge S. James Otero: Plaintiffs Motion for Class Certification #127 , is deemed timely filed on September 3, 2019. (lc) Modified on 9/4/2019 (lc).
September 3, 2019 Opinion or Order Filing 130 NOTICE OF ERRATA filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. correcting EX PARTE APPLICATION for Relief from from Standing Order's 4:00 PM E-Filing Cutoff for Plaintiffs' Motion for Class Certification re NOTICE OF MOTION AND MOTION to Certify Class #127 #129 (Sayas, C)
September 3, 2019 Opinion or Order Filing 129 EX PARTE APPLICATION for Relief from from Standing Order's 4:00 PM E-Filing Cutoff for Plaintiffs' Motion for Class Certification re NOTICE OF MOTION AND MOTION to Certify Class #127 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Juan Romero. (Attachments: #1 Proposed Order) (Sayas, C)
September 3, 2019 Opinion or Order Filing 128 APPLICATION to file document Certain Exhibits or Portions thereof of Plaintiffs' "Declaration of C. Joe Sayas, Jr. in support of Plaintiffs' Motion for Class Certification" under seal filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Redacted Document, #2 Proposed Order)(Sayas, C)
September 3, 2019 Opinion or Order Filing 127 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Angel Omar Alvarez. Motion set for hearing on 11/21/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of C. Joe Sayas, Jr. and Exhibit, #3 Declaration of Ira Gottlieb, #4 Declaration of Plaintiffs & Putative Class Members) (Sayas, C)
August 29, 2019 Opinion or Order Filing 126 Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims with Proof of Service #125 filed by Defendant and Counterclaimant XPO Logistics Cartage, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Voelz, Scott)
August 23, 2019 Opinion or Order Filing 125 NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaims with Proof of Service filed by Plaintiffs/Counterdefendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Motion set for hearing on 9/23/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Gutman Dickinson, Julie)
August 22, 2019 Opinion or Order Filing 124 TRANSCRIPT ORDER as to Defendants XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC for Court Reporter. Court will contact Alexander Larro or Ana Calderon at alarro@omm.com and acalderon@omm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Larro, Alexander)
August 14, 2019 Opinion or Order Filing 123 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Status Conference #91 . In error, incorrect Minute Order was docketed into this case. (lom)
August 8, 2019 Opinion or Order Filing 122 Order Granting Stipulation to Extend Time to Respond to Amended Counterclaims by Not More Than 30 Days #120 by Judge S. James Otero. The deadline for Plaintiffs to answer or otherwise respond to Defendant XPO Logistics Cartage, LLC's amended counterclaims is extended to August 23, 2019. (lom)
August 8, 2019 Opinion or Order Filing 121 ORDER ALLOWING PLAINTIFFS TO FILE FOURTH AMENDED CLASS ACTION COMPLAINT FOR DAMAGES #120 by Judge S. James Otero. IT IS HEREBY ORDERED that Plaintiffs are granted leave to amend to file their Fourth Amended Class Action Complaint for Damages. IT IS ALSO ORDERED that Defendant's responsive pleading shall be due thirty (30) days after the Fourth Amended Class Action Complaint for Damages is filed. (lom)
August 7, 2019 Opinion or Order Filing 120 STIPULATION for Extension of Time to File Response to Amended Counterclaims filed by Plaintiffs/Counterdefendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Ireland, Kiel)
August 1, 2019 Opinion or Order Filing 119 STIPULATION to AMEND Amended Complaint/Petition #83 filed by Plaintiff Reynaldo Gomez Acosta, Reynaldo Gomez Acosta, Servando Avila Luciano, Servando Avila Luciano. (Attachments: #1 Proposed Order, #2 Proof of Service)(Attorney Luiza Vannucci Dias added to party Reynaldo Gomez Acosta(pty:conpla), Attorney Luiza Vannucci Dias added to party Reynaldo Gomez Acosta(pty:cd), Attorney Luiza Vannucci Dias added to party Reynaldo Gomez Acosta(pty:concnd), Attorney Luiza Vannucci Dias added to party Servando Avila Luciano(pty:conpla), Attorney Luiza Vannucci Dias added to party Servando Avila Luciano(pty:concnd), Attorney Luiza Vannucci Dias added to party Servando Avila Luciano(pty:cd))(Dias, Luiza)
July 19, 2019 Opinion or Order Filing 118 FIRST AMENDED COUNTERCLAIM against Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero amending Counterclaim, ; JURY DEMAND, filed by Defendant and Counterclaimant XPO Logistics, LLC, XPO Logistics Cartage, LLC, XPO Logistics, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, Jeffrey Trauner, XPO Cartage, Inc.(Voelz, Scott)
July 18, 2019 Opinion or Order Filing 117 ORDER ALLOWING XPO LOGISTICS CARTAGE, LLC TO FILE AMENDED COUNTERCLAIMS #113 by Judge S. James Otero: Defendant and Counterclaimant XPO Logistics Cartage, LLC is granted leave to amend to file its First Amended Counterclaims Against Angel Omar Alvarez, Alberto Rivera, Fernando Ramirez, Juan Romero, and Jose Paz. Counterdefendants responsive pleading shall be due 2 ) days after the date that Counterclaimant files the First Amended Counterclaims. (lc)
July 18, 2019 Opinion or Order Filing 116 ORDER RE: STIPULATION ON DISCOVERY PRECEDING ADJUDICATION OF CLASS CERTIFICATION #115 by Judge S. James Otero (lc)
July 17, 2019 Opinion or Order Filing 115 STIPULATION for Order On Discovery Preceding Adjudication of Class Certification filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
July 12, 2019 Opinion or Order Filing 113 Joint STIPULATION for Order To File Amended Counterclaims filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Proof of Service)(Voelz, Scott)
July 10, 2019 Opinion or Order Filing 114 MINUTES OF Status Conference held before Judge S. James Otero: Court and counsel confer about the schedule of the case. For reasons stated on therecord, the Court grants the request to bifurcate the class certification motions. The initial plaintiffs must file their motion for class certification by not later than September 3, 2019. The opposition thereto must be filed by October 17,2 019. Any reply is due by November 1, 2019. The initial class certification motion will be heard on November 21, 2019, at 10:00 a.m.Court also extends the mediation cut-off date to November 14, 2019. Court Reporter: Miranda Algorri. (lc)
July 8, 2019 Opinion or Order Filing 112 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC, re Status Report, #111 served on July 8, 2019. (Voelz, Scott)
July 5, 2019 Opinion or Order Filing 111 STATUS REPORT /Joint Status Report filed by Defendants Jeffrey Trauner, XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC. (Voelz, Scott)
July 2, 2019 Opinion or Order Filing 110 ORDER SETTING STATUS CONFERENCE #108 by Judge S. James Otero : the Parties will appear for a status conference Wednesday, July 10, 2019 10:00 AM, in person. (lc)
July 2, 2019 Opinion or Order Filing 109 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes re Status Conference - optional html form #91 : Docketed on this case in error, should have been under correct case CV 16-06599 SJO (FFMx) Guillermo Robles v. Dominos Pizza LLC and as such those erroneous scheduling deadlines not applicable to 2:18-cv-03736-SJO-E have been terminated. (lc)
June 28, 2019 Opinion or Order Filing 108 Joint STIPULATION for Order to Request Telephonic Status Conference, or in the Alternative, an in-person Status Conference filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Voelz, Scott)
June 20, 2019 Opinion or Order Filing 107 AMENDED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order, #106 . (sp)
June 20, 2019 Opinion or Order Filing 106 Joint STIPULATION for Protective Order filed by Defendants and Cross-Complainant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order on Stipulated Amended Protective Order, #2 Proof of Service)(Voelz, Scott)
June 12, 2019 Opinion or Order Filing 105 NOTICE of Supplemental Authority filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Voelz, Scott)
May 28, 2019 Opinion or Order Filing 103 NOTICE of Supplemental Authority filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, Inc., XPO Logistics, LLC. (Attachments: #1 Exhibit A)(Voelz, Scott)
May 13, 2019 Opinion or Order Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY the portion of Counterclaim #101 by XPO LOGISTICS CARTAGE, LLC. The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): The filer filed pleading as a "counterclaim" but caption reads "cross complaint". CLERK NOTES THAT ON page 38, filer refers to the counterclaim, in part of the text information: "defendant incorporates by reference the " Cross Complaint " filed in state court". In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
May 10, 2019 Opinion or Order Filing 101 ANSWER to Amended Complaint/Petition #83 with JURY DEMAND , COUNTERCLAIM against Reynaldo Gomez Acosta, Servando Avila Luciano filed by Defendants and Cross-Complainant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc..(Voelz, Scott)
May 9, 2019 Opinion or Order Filing 100 ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Scott M. Voelz in place of attorney Mary C. Dollarhide, Betsey A. Boutelle, Kathryn Riley Grasso, Kevin D. Harlow, John E. Fitzsimmons, Carol Yur, Isabel A. Crosby filed by Defendants and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC. #99 by Judge S. James Otero (lc) Modified on 5/9/2019 (lc).
May 3, 2019 Opinion or Order Filing 99 REQUEST TO SUBSTITUTE ATTORNEY Scott M. Voelz in place of attorney Mary C. Dollarhide, Betsey A. Boutelle, Kathryn Riley Grasso, Kevin D. Harlow, John E. Fitzsimmons, Carol Yur, Isabel A. Crosby filed by Defendants and Counter-Claimant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order) (Attorney Mary C Dollarhide added to party XPO Logistics, Inc.(pty:dft)) (Dollarhide, Mary)
May 2, 2019 Opinion or Order Filing 98 Amended NOTICE of Appearance filed by attorney Christianna Kyriacou on behalf of Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC (Attorney Christianna Kyriacou added to party XPO Logistics, Inc.(pty:dft), Attorney Christianna Kyriacou added to party XPO Cartage, Inc.(pty:dft), Attorney Christianna Kyriacou added to party XPO Intermodal Services LLC(pty:dft), Attorney Christianna Kyriacou added to party XPO Intermodal Solutions Inc(pty:dft), Attorney Christianna Kyriacou added to party XPO Logistics Cartage, LLC(pty:dft), Attorney Christianna Kyriacou added to party XPO Logistics Cartage, LLC(pty:cc))(Kyriacou, Christianna)
May 2, 2019 Opinion or Order Filing 97 Amended NOTICE of Appearance filed by attorney Alexander J Larro on behalf of Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC (Attorney Alexander J Larro added to party XPO Logistics, Inc.(pty:dft), Attorney Alexander J Larro added to party XPO Cartage, Inc.(pty:dft), Attorney Alexander J Larro added to party XPO Intermodal Services LLC(pty:dft), Attorney Alexander J Larro added to party XPO Intermodal Solutions Inc(pty:dft), Attorney Alexander J Larro added to party XPO Logistics Cartage, LLC(pty:dft), Attorney Alexander J Larro added to party XPO Logistics Cartage, LLC(pty:cc))(Larro, Alexander)
May 2, 2019 Opinion or Order Filing 96 Amended NOTICE of Appearance filed by attorney Scott M Voelz on behalf of Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, LLC (Voelz, Scott)
April 22, 2019 Opinion or Order Filing 95 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, Inc.. (Voelz, Scott)
April 16, 2019 Opinion or Order Filing 94 PROOF OF SERVICE filed by Defendant Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Errata,, #93 served on April 16, 2019. (Voelz, Scott)
April 16, 2019 Opinion or Order Filing 93 NOTICE OF ERRATA filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 , Request for Judicial Notice, #77 (Attachments: #1 Exhibit 1 - Motion to Dismiss, #2 Exhibit 2 - Memorandum of Points and Authorities in Support, #3 Exhibit 3 - Proposed Order, #4 Exhibit 4 - Request for Judicial Notice)(Voelz, Scott)
April 15, 2019 Opinion or Order Filing 92 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 with Proof of Service filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Gutman Dickinson, Julie)
April 15, 2019 Opinion or Order Filing 91 MINUTES OF Status Conference held before Judge S. James Otero: The Court sets the following schedule: Jury Trial: Tuesday, March 24, 2020 9:00 a.m.Pretrial Conference: Monday, March 16, 2020 9:00 a.m. Motion Cutoff: Tuesday, January 21, 2010 10:00 a.m. Discovery Cutoff: Monday, December 23, 2019.Last Date to Amend: Wednesday, May 15, 2019. Settlement is referred to the Alternative Dispute Resolution Program for all further proceedings. All discovery dispute to be brought before the Magistrate Judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order. Court Reporter: Cindy Nirenberg. (SEE CLERICAL ERROR DOCKET NO. 123, docketed on this case in error, should be under CV 16-06599 SJO- Robles v. Dominos Pizza) (lc) Modified on 8/15/2019 (lc).
April 15, 2019 Opinion or Order Filing 90 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Document,, #87 served on April 15, 2019. (Voelz, Scott)
April 15, 2019 Opinion or Order Filing 89 MINUTES OF Status Conference held before Judge S. James Otero: Plaintiffs counsel for Mendoza is not present. Court and counsel confer re consolidation of case CV 18-08220 Logistics Port Services, LLC, et al. The Court orders Plaintiffs to file motion for class certification b due by Tuesday, September 17, 2019; Reply shall be due by We scheduled for Monday, October 21, 2019 10:00 a.m.Trial is continued to Tuesday, April 28, 2020 9:00 a.m. and t April 20, 2020 9:00 a.m.This action shall be mediated by on or before October 15, 2019. Court Reporter: Cindy Nirenberg. (lc)
April 15, 2019 Opinion or Order Filing 88 MEMORANDUM of Points and Authorities in Support filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 (Voelz, Scott)
April 15, 2019 Opinion or Order Filing 87 SEALED DOCUMENT (EXHIBIT 1 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS' MEAL AND REST BREAK CLAIMS OR, IN THE ALTERNATIVE, FOR A STAY OF THE CASE) re Order on Motion for Leave to File Document Under Seal #85 , Request for Judicial Notice, #77 filed by Defendants Jeffrey Trauner, XPO Logistics, Inc., XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC.(Attorney Scott M Voelz added to party XPO Logistics, Inc.(pty:dft))(Voelz, Scott)
April 12, 2019 Opinion or Order Filing 86 SCHEDULING NOTICE by Judge S. James Otero. The parties are advised that the Status Conference set for hearing on April 15, 2019 @ 8:30 a.m. will be held in courtroom 6C, sixth floor, not 10C. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
April 11, 2019 Opinion or Order Filing 85 ORDER GRANTING-IN-PART DEFENDANTS UNOPPOSED APPLICATION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL #74 by Judge S. James Otero (lc)
April 11, 2019 Opinion or Order Filing 84 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion is suitable for disposition without oral argument and vacates the hearing on the MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case filed by Defendants and Cross-Complainant Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. #76 ., set for hearing on April 22, 2019. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
April 10, 2019 Opinion or Order Filing 83 THIRD AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition, #68 , filed by Plaintiff Victor Cortes Arrellano (Attachments: #1 Proof of Service)(Zeccola, Frank)
April 7, 2019 Opinion or Order Filing 82 ORDER ALLOWING PLAINTIFFS TO FILE THIRD AMENDED CLASS ACTION COMPLAINT FOR DAMAGES #81 . Defendants responsive pleading shall be due 30 days after the Third Amended Class Action Complaint for Damages is filed. IT IS FURTHER ORDERED that the Third Amended Class Action Complaint for Damages shall be filed pursuant to the CM/ECF electronic filing procedure by April 12, 2019, by Judge S. James Otero (lc)
March 29, 2019 Opinion or Order Filing 81 Joint STIPULATION for Leave to File Third Amended Complaint , STIPULATION to Amend filed by Plaintiff Reynaldo Gomez Acosta. (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
March 26, 2019 Opinion or Order Filing 80 ORDER re STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' MEAL AND REST BREAK CLAIMS OR, IN THE ALTERNATIVE, FOR A STAY OF THE CASE #79 by Judge S. James Otero. The hearing date for Defendants' Motion to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the Alternative, for a Stay of the Case, previously requested to be set for April 22, 2019, is moved to May 6, 2019, at 10:00 A.M. The parties' deadlines for filing opposition and reply papers are correspondingly moved to 21 days and 14 days before the new hearing date, pursuant to Central District of California Local Rules 7-9 and 7-10. (lom)
March 22, 2019 Opinion or Order Filing 79 STIPULATION to Continue Hearing Date from April 22, 2019 to May 6, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
March 20, 2019 Opinion or Order Filing 78 PROOF OF SERVICE filed by Defendants and Cross-Complainant Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC, re Sealed Declaration in SupportDeclaration,, #75 served on March 20, 2019. (Voelz, Scott)
March 20, 2019 Opinion or Order Filing 77 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case #76 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2, #3 Proposed Order)(Voelz, Scott)
March 20, 2019 Opinion or Order Filing 76 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Meal and Rest Break Claims or, in the alternative, for a Stay of the Case filed by Defendants and Cross-Complainant Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, XPO Logistics, LLC. Motion set for hearing on 4/22/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss (REDACTED), #2 Proposed Order) (Voelz, Scott)
March 20, 2019 Opinion or Order Filing 75 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum of P's and A's in Support of Motion to Dismiss and Exhibit 1 to Request for Judicial Notice in Support of Motion to Dismiss under seal #74 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss (UNREDACTED), #2 Exhibit 1 to Request for Judicial Notice ISO Motion to Dismiss (UNREDACTED))(Voelz, Scott)
March 20, 2019 Opinion or Order Filing 74 APPLICATION to file document Memorandum of P's and A's in Support of Motion to Dismiss and Exhibit 1 to Request for Judicial Notice in Support of Motion to Dismiss under seal filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendant XPO Logistics, LLC. Application set for hearing on 4/22/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order, #2 Memorandum of Points and Authorities in Support of their Motion to Dismiss (REDACTED))(Attorney Scott M Voelz added to party XPO Cartage, Inc.(pty:dft), Attorney Scott M Voelz added to party XPO Intermodal Services LLC(pty:dft), Attorney Scott M Voelz added to party XPO Intermodal Solutions Inc(pty:dft), Attorney Scott M Voelz added to party XPO Logistics Cartage, LLC(pty:dft), Attorney Scott M Voelz added to party XPO Logistics Cartage, LLC(pty:cc))(Voelz, Scott)
March 13, 2019 Opinion or Order Filing 73 ORDER RE: PARTIES SUPPLEMENT TO THE JOINT STATUS REPORT AND REQUEST FOR STATUS CONFERENCE #72 by Judge S. James Otero:(1) The March 14, 2019 deadline to file a motion for class certification is vacated. (2) The April 15, 2019 deadline to file any opposition to the motion for class certification, and the April 29, 2019 deadline to file any reply to such opposition, are vacated.(3) The May 13, 2019 hearing on a motion for class certification is vacated.(4) New deadlines by which the parties must file a motion for class certification and the subsequent briefing schedule, as well as the relevant hearing date, shall be discussed and determined at the April 15, 2019 Status Conference in these consolidated actions. (lc)
March 8, 2019 Opinion or Order Filing 72 SUPPLEMENT to Order, Set/Reset Hearing #71 , Status Report, #67 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
March 5, 2019 Opinion or Order Filing 104 Mail Returned filed 3/5/19 addressed to Carl H Ilg re Stipulation and Order #66 (lc)
March 5, 2019 Opinion or Order Filing 71 ORDER SETTING STATUS CONFERENCE FOR 4/15/2019 08:30 AM #67 by Judge S. James Otero (lc)
March 5, 2019 Opinion or Order Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),,,,,, #69 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel G01. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak)
March 4, 2019 Opinion or Order Filing 69 Notice of Appearance or Withdrawal of Counsel: for attorney Mary C Dollarhide counsel for Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Intermodal Services LLC, XPO Intermodal Solutions Inc, XPO Logistics Cartage, LLC, Consol Counter Claimant XPO Logistics Cartage, LLC, Consol Cross Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC, Counter Claimant XPO Logistics Cartage, LLC. Mary Dollarhide, Betsey Boutelle, Isabel Crosby, John Fitzsimmons, Kathryn Riley, Carol Yur, Kevin Harlow and the law firm of DLA Piper LLP (US) is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants and Counterclaimant XPO LOGISTICS CARTAGE, LLC; JEFFREY TRAUNER; JAVIER MARTIN DEL CAMPO; XPO LOGISTICS, INC.; XPO LOGISTICS, LLC; XPO LOGISTICS PORT SERVICES, LLC, formerly known as XPO PORT SERVICES, INC.; XPO INTERMODAL SOLUTIONS, INC.; XPO INTEMODAL SERVICES, LLC; and XPO CARTAGE, INC.; each individually and d/b/a XPO LOGISTICS. (Attorney Mary C Dollarhide added to party XPO Cartage, Inc.(pty:dft), Attorney Mary C Dollarhide added to party XPO Intermodal Services LLC(pty:dft), Attorney Mary C Dollarhide added to party XPO Intermodal Solutions Inc(pty:dft), Attorney Mary C Dollarhide added to party XPO Logistics Cartage, LLC(pty:concrc), Attorney Mary C Dollarhide added to party XPO Logistics, LLC(pty:condft))(Dollarhide, Mary)
February 27, 2019 Opinion or Order Filing 68 THIRD AMENDED COMPLAINT against Defendants Does, Jeffrey Trauner, XPO Cartage, Inc., XPO Logistics Cartage, LLC, XPO Logistics, Inc., XPO Logistics, LLC amending Amended Complaint, Amended Complaint/Petition #26 , Complaint - (Discovery),, filed by Plaintiffs Alberto Rivera, Angel Omar Alvarez, Fernando Ramirez, Juan Romero, Jose Paz(Sayas, C)
February 27, 2019 Opinion or Order Filing 67 STATUS REPORT /Joint Status Report and Request for Status Conference filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC. (Attachments: #1 Proposed Order)(Voelz, Scott)
February 26, 2019 Opinion or Order Filing 66 ORDER RE: STIPULATION REGARDING PLAINTIFFS' FILING OF A THIRD AMENDED COMPLAINT NAMING ADDITIONAL DEFENDANTS #65 by Judge S. James Otero. Plaintiffs are granted leave to file their Third Amended Complaint in the form attached hereto as Exhibit A. Defendants shall have twenty-one (21) days from the date of Plaintiffs' filing of the Third Amended Complaint to file their answer, a motion under Rule Plaintiffs aregranted leave to file their Third Amended Complaint in the form attached hereto asExhibit A. Defendants shall have twenty-one (21) days from the date of Plaintiffs'filing of the Third Amended Complaint to file their answer, a motion under Rule12, or other responsive pleading. (lom)
February 25, 2019 Opinion or Order Filing 65 STIPULATION for Leave to File Third Amended Complaint Naming Additional Defendants filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
February 13, 2019 Opinion or Order Filing 64 NOTICE of Appearance filed by attorney Christianna Kyriacou on behalf of Defendant Jeffrey Trauner, Consol Cross Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC (Attorney Christianna Kyriacou added to party Jeffrey Trauner(pty:dft), Attorney Christianna Kyriacou added to party XPO Logistics Cartage, LLC(pty:concrc), Attorney Christianna Kyriacou added to party XPO Logistics Cartage, LLC(pty:condft), Attorney Christianna Kyriacou added to party XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.(pty:condft), Attorney Christianna Kyriacou added to party XPO Logistics, Inc.(pty:condft), Attorney Christianna Kyriacou added to party XPO Logistics, LLC(pty:condft))(Kyriacou, Christianna)
February 11, 2019 Opinion or Order Filing 63 NOTICE of Appearance filed by attorney Alexander J Larro on behalf of Defendant Jeffrey Trauner, Consol Cross Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC (Attorney Alexander J Larro added to party Jeffrey Trauner(pty:dft), Attorney Alexander J Larro added to party XPO Logistics Cartage, LLC(pty:concrc), Attorney Alexander J Larro added to party XPO Logistics Cartage, LLC(pty:condft), Attorney Alexander J Larro added to party XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.(pty:condft), Attorney Alexander J Larro added to party XPO Logistics, Inc.(pty:condft), Attorney Alexander J Larro added to party XPO Logistics, LLC(pty:condft))(Larro, Alexander)
February 11, 2019 Opinion or Order Filing 62 NOTICE of Appearance filed by attorney Scott M Voelz on behalf of Defendant Jeffrey Trauner, Consol Cross Claimant XPO Logistics Cartage, LLC, Consol Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC (Attorney Scott M Voelz added to party Jeffrey Trauner(pty:dft), Attorney Scott M Voelz added to party XPO Logistics Cartage, LLC(pty:concrc), Attorney Scott M Voelz added to party XPO Logistics Cartage, LLC(pty:condft), Attorney Scott M Voelz added to party XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.(pty:condft), Attorney Scott M Voelz added to party XPO Logistics, Inc.(pty:condft), Attorney Scott M Voelz added to party XPO Logistics, LLC(pty:condft))(Voelz, Scott)
December 7, 2018 Opinion or Order Filing 61 ORDER GRANTING DEFENDANT AND CROSS-COMPLAINANT XPO LOGISTICS CARTAGE, LLCS UNOPPOSED MOTION FOR CONSOLIDATION 14 by Judge S. James Otero: This action is consolidated with Alvarez et al. v. XPO Logistics Cartage, LLC et al, No. 2:18-cv-03736 SJO(Ex) and Martinez et al v. XPO Logistics, Inc. et al, No. 2:18-cv-06175 SJO(Ex) for all further proceedings. The Court further orders that its Order of November 9, 2018 (Dkt. 56 in Alvarez et al. v. XPO Logistics Cartage, LLC et al.) shall be revised to state the following pertaining to the filing of pleadings in connection with any Motion for Class Certification the Plaintiffs in any of the consolidated cases may file: 1. Plaintiffs shall file their class certification motion by March 14, 2019. 2. Defendants shall file their opposition to any motions for class certification by April 15, 2019.3. Plaintiffs shall file their reply to any opposition motion by April 29, 2019The hearing date on the motion for class certification shall be on May 13, 2019, at 10:00 a.m (lc)
November 30, 2018 Opinion or Order Filing 60 PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order #59 . (sp)
November 30, 2018 Opinion or Order Filing 59 Joint STIPULATION for Protective Order filed by Defendants and Counterclaimant Jeffrey Trauner, XPO Logistics Cartage, LLC. (Attachments: #1 Proposed Order on Stipulated Protective Order Regarding Confidential Information)(Riley, Kathryn)
November 20, 2018 Opinion or Order Filing 58 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Raymond R Kepner has been assigned to serve as Panel Mediator. (mb)
November 15, 2018 Opinion or Order Filing 57 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYINGDEFENDANT'S REQUEST FOR A STAY #31 . (lc)
November 9, 2018 Opinion or Order Filing 56 ORDER ON SUPPLEMENT TO JOINT STIPULATION TO EXTEND CLASS CERTIFICATION MOTIONDEADLINES #55 by Judge S. James Otero: 1. Plaintiffs shall file their class certification motion by February 12, 2019. 2. Defendants shall file their opposition to the motion by March 15, 2019. 3. Plaintiffs shall file their reply to the opposition by March 29, 2019. The hearing date on the motion shall be on April 15, 2019, at 10:00 a.m. (lc)
October 26, 2018 Opinion or Order Filing 55 Joint STIPULATION for Extension of Time to File Class Certification Briefing and Move Hearing Date filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Attachments: #1 Proposed Order)(Riley, Kathryn)
October 22, 2018 Opinion or Order Filing 54 ORDER/REFERRAL to ADR Procedure No 2 by Judge S. James Otero. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than The ADR proceeding is to be completed no later than: 60 days prior to the motion hearing cutoff. (lc)
October 22, 2018 Opinion or Order Filing 53 MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court Orders cases CV 18-03736 SJO (Ex) Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et al and CV 18-06175 SJO (Ex) Jairo Moreno Martinez et al v. XPO Logistics, Inc. et al consolidated for all further proceedings. The lower numbered case, CV 18-03736 SJO (Ex) Angel Omar Alvarez et al v. XPO Logistics Cartage, LLCet al, is hereby designated the Master File. All documents filed hereafter shall bear the names and numbers of both the original action and the Master File. The name and number of the Master File will always appear above the name and number of the original file. (lc)
October 19, 2018 Opinion or Order Filing 52 Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Proposed Order)(Sayas, C)
October 12, 2018 Opinion or Order Filing 51 ORDER DENIED AS MOOT APPLICATION of Non-Resident Attorney Isabel A,. Crosby to Appear Pro Hac Vice on behalf of Defendants XPO Cartage, Inc., XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC #42 by Judge S. James Otero (lc)
October 9, 2018 Opinion or Order Filing 50 ORDER by Judge S. James Otero: Granting #46 Non-Resident Attorney Isabel A Crosby APPLICATION to Appear Pro Hac Vice on behalf of Defendant, XPO Logistics Cartage,LLC and Jeffrey Trauner, designating Carol Yur as local counsel. (shb)
October 9, 2018 Opinion or Order Filing 49 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The previously noticed October 12, 2018 hearing date is vacated. The Court has taken the Motion under submission without oral argument. The Motion is denied. (See document for details.) #33 (sbou)
October 5, 2018 Opinion or Order Filing 48 REQUEST FOR JUDICIAL NOTICE in Support of Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings filed by Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit Dominguez ODA)(Ireland, Kiel)
October 5, 2018 Opinion or Order Filing 47 NOTICE of Supplemental Authority filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit Lupian v. Joseph Cory Holdings LLC)(Ireland, Kiel)
October 5, 2018 Opinion or Order Filing 46 Corrected APPLICATION of Non-Resident Attorney Isabel A. Crosby to Appear Pro Hac Vice on behalf of Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC (Pro Hac Vice Fee - $400 Previously Paid on 10/4/2018, Receipt No. 0973-0002) filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Attachments: #1 Proposed Order) (Yur, Carol)
October 4, 2018 Opinion or Order Filing 45 NOTICE of Appearance filed by attorney Carol Yur on behalf of Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC (Attorney Carol Yur added to party Jeffrey Trauner(pty:dft), Attorney Carol Yur added to party XPO Logistics Cartage, LLC(pty:dft))(Yur, Carol)
October 4, 2018 Opinion or Order Filing 44 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint filed by Defendants Jeffrey Trauner, XPO Cartage, Inc.. [ECF #31], set for October 15, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 4, 2018 Opinion or Order Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Isabel A,. Crosby to Appear Pro Hac Vice on behalf of Defendants XPO Cartage, Inc., XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-2 #42 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lom)
October 4, 2018 Opinion or Order Filing 42 APPLICATION of Non-Resident Attorney Isabel A,. Crosby to Appear Pro Hac Vice on behalf of Defendants XPO Cartage, Inc., XPO Logistics Cartage, LLC, Counter Claimant XPO Logistics Cartage, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22527637) filed by Defendant XPO Cartage, Inc., XPO Logistics Cartage, LLC. (Attachments: #1 Proposed Order) (Riley, Kathryn)
October 1, 2018 Opinion or Order Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Supplement Joint Stipulation Re: Defendants' Motion for Protective Order Staying Discovery re Joint Stipulation re Discovery Motion, #34 #37 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (sbou)
October 1, 2018 Opinion or Order Filing 40 DEFENDANTS XPO LOGISTICS CARTAGE, LLC AND JEFFREY TRAUNER'S OPPOSITION TO PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint #31 filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Riley, Kathryn)
October 1, 2018 Opinion or Order Filing 39 REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint #31 filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Riley, Kathryn)
September 28, 2018 Opinion or Order Filing 38 SUPPLEMENT to MOTION for Protective Order for to Stay Discovery Pending the Court's Ruling on Defendant and Counterclaimant's Motion for Judgment on the Pleadings or, in the Alternative, for a Stay of Any Surviving Arbitrable Claims #33 Supplemental Memorandum in Support of Motion for Protective Order filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Riley, Kathryn)
September 28, 2018 Opinion or Order Filing 37 REQUEST to Supplement Joint Stipulation Re: Defendants' Motion for Protective Order Staying Discovery re Joint Stipulation re Discovery Motion, #34 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Request set for hearing on 10/12/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Exhibit 1)(Sayas, C)
September 24, 2018 Opinion or Order Filing 36 REQUEST FOR JUDICIAL NOTICE re Memorandum in Opposition to Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint filed by Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ireland, Kiel)
September 24, 2018 Opinion or Order Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint #31 filed by Counter Defendants Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attorney Kiel Brunetti Ireland added to party Jose Paz(pty:cd), Attorney Kiel Brunetti Ireland added to party Jose Paz(pty:pla), Attorney Kiel Brunetti Ireland added to party Fernando Ramirez(pty:pla), Attorney Kiel Brunetti Ireland added to party Fernando Ramirez(pty:cd), Attorney Kiel Brunetti Ireland added to party Alberto Rivera(pty:cd), Attorney Kiel Brunetti Ireland added to party Alberto Rivera(pty:pla), Attorney Kiel Brunetti Ireland added to party Juan Romero(pty:pla), Attorney Kiel Brunetti Ireland added to party Juan Romero(pty:cd))(Ireland, Kiel)
September 17, 2018 Opinion or Order Filing 34 JOINT STIPULATION to MOTION for Protective Order for to Stay Discovery Pending the Court's Ruling on Defendant and Counterclaimant's Motion for Judgment on the Pleadings or, in the Alternative, for a Stay of Any Surviving Arbitrable Claims #33 filed by Defendant Jeffrey Trauner, Counter Claimant XPO Logistics Cartage, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Riley, Kathryn)
September 17, 2018 Opinion or Order Filing 33 NOTICE OF MOTION AND MOTION for Protective Order for to Stay Discovery Pending the Court's Ruling on Defendant and Counterclaimant's Motion for Judgment on the Pleadings or, in the Alternative, for a Stay of Any Surviving Arbitrable Claims filed by Defendant and Counterclaimant, and Defendant Jeffrey Trauner, XPO Logistics Cartage, LLC. Motion set for hearing on 10/12/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Declaration of Kathryn Riley Grasso, #2 Exhibit A to Declaration of Kathryn Riley Grasso, #3 Proposed Order)(Riley, Kathryn)
September 10, 2018 Opinion or Order CONFORMED FILED STAMPED COPY OF COUNTERCLAIM against PLAINTIFFS Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romerofiled by DEFENDANT XPO Logistics Cartage, LLC. (FILED AS A "CROSS COMPLAINT" IN STATE COURT on MAY 2, 2018, SEE DOCKET NO. 30) (lc)
September 10, 2018 Opinion or Order Filing 32 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint #31 filed by Defendants Jeffrey Trauner, XPO Cartage, Inc.. (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Proposed Order)(Riley, Kathryn)
September 10, 2018 Opinion or Order Filing 31 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiffs' Second Amended Complaint filed by Defendants Jeffrey Trauner, XPO Cartage, Inc.. Motion set for hearing on 10/15/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum ISO Motion for Judgment on the Pleadings, #2 Declaration of Kathryn Riley Grasso ISO Motion for Judgment on the Pleadings, #3 Exhibit A to Grasso Declaration, #4 Exhibit B to Grasso Declaration, #5 Declaration of Samantha Clark ISO Motion for Judgment on the Pleadings, #6 Exhibit A to Clark Declaration, #7 Exhibit B to Clark Declaration, #8 Exhibit C to Clark Declaration, #9 Exhibit D to Clark Declaration, #10 Exhibit E to Clark Declaration, #11 Proposed Order) (Attorney Kathryn Bridget Riley added to party XPO Cartage, Inc.(pty:dft)) (Riley, Kathryn)
September 10, 2018 Opinion or Order Filing 30 NOTICE of Filing of Conformed Cross-Complaint and Corrected Answer to Second Amended Complaint filed by Defendant and Counter-Claimant, and Defendant Jeffrey Trauner, XPO Logistics Cartage, LLC. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit B)(Riley, Kathryn)
September 10, 2018 Opinion or Order Filing 29 ANSWER to Amended Complaint/Petition #26 with JURY DEMAND Answer to Counterclaims of Defendants filed by Counterclaim Defendant Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.(Sayas, C)
August 29, 2018 Opinion or Order Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #27 and "counterclaim by XPO LOGISTICS CARTAGE, LLC andJEFFREY TRAUNER. The following error(s) was/were found: 1) There is no Record of conformed Filed Copy of Cross complaint on record. Copy attached to Notice of Removal has no state court filed stamp. As a result No cross complaint parties were added to case docket when removal efiled. 2) FRCP 10 CAPTION of "counterclaim" as cited on document title is MISSING. and no counterclaim found in the pleading itself. It appears filer is referencing a "counterclaim" as to the unconformed copy the the cross complaint filed in state court In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
August 29, 2018 Opinion or Order Filing 27 ANSWER to Amended Complaint/Petition #26 JURY DEMAND. Affirmative Defenses and Counterclaims filed by Defendants and Counterclaim-Plaintiffs Jeffrey Trauner, XPO Logistics Cartage, LLC.(Riley, Kathryn)
August 15, 2018 Opinion or Order Filing 26 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, Complaint - (Discovery),, filed by Plaintiffs Juan Romero, Angel Omar Alvarez, Fernando Ramirez, Alberto Rivera, Jose Paz(Sayas, C)
August 14, 2018 Opinion or Order Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Mary C Dollarhide counsel for Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. Mary C. Dollarhide is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants XPO Logistics Cartage, LLC. and Jeffrey Trauner. (Dollarhide, Mary)
August 6, 2018 Opinion or Order Filing 24 MINUTES OF MANDATORY SCHEDULING CONFERENCE held before Judge S. James Otero. The Court sets the following schedule: Jury Trial: Tuesday, September 10, 2019 at 9:00 a.m.; Pretrial Conference: Monday, August 26, 2019 at 9:00 a.m.; Motion Cutoff: Monday, July 29, 2019 at 10:00 a.m.; Discovery Cutoff: Monday, June 24, 2019; Last Date to Amend: August 31, 2018. Motion for Class Certification: February 11, 2019 at 10:00 am; Motion to be filed December 14, 2018; Opposition January 14, 2019; Reply January 28, 2019. Plaintiff may file a Second Amended Complaint no later than August 15, 2018. Settlement is referred to the Alternative Dispute Resolution Program for all further proceedings. Court Reporter: Carol Zurborg. See document for other requirements. (lom)
July 23, 2018 Opinion or Order Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12, filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero.. (Sayas, C)
July 19, 2018 Opinion or Order Filing 22 ORDER RE: RELIEF FROM LOCAL RULE 23-3 #21 by Judge S. James Otero: (1) Parties are granted relief from Local Rule 23-3; (2) A new date within which Plaintiffs may file their Motion for Class Certification may be discussed and/or ordered at the time of the Scheduling Conference in this matter set for August 6, 2018 at 08:30 AM. (lc)
July 13, 2018 Opinion or Order Filing 21 EX PARTE APPLICATION for Relief from Local Rule 23-3 filed by Plaintiffs Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of C. Joe Sayas, Jr. and Exhibit, #3 Proposed Order) (Sayas, C)
June 29, 2018 Opinion or Order Filing 20 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PLAINTIFFS' MOTION TO REMAND #14 . (lc)
June 25, 2018 Opinion or Order Filing 19 The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on the MOTION OF PLAINTIFFS TO REMAND ACTION TO STATE COURT filed by Plaintiff Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. [ECF #14], set for July 2, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
June 18, 2018 Opinion or Order Filing 18 REPLY To Defendants' Opposition To Plaintiffs' Motion to Remand filed by Plaintiff Angel Omar Alvarez. (Gottlieb, Ira)
June 11, 2018 Opinion or Order Filing 17 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Superior Court for the County of Los Angeles #14 filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Attachments: #1 Declaration of Kathryn Riley Grasso, #2 Exhibit A to Declaration of Kathryn Riley Grasso, #3 Exhibit B to Declaration of Kathryn Riley Grasso, #4 Exhibit C to Declaration of Kathryn Riley Grasso, #5 Declaration of William A. Maleski, #6 Declaration of Riina Tohvert)(Riley, Kathryn)
June 8, 2018 Opinion or Order Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Kiel Brunetti Ireland counsel for Plaintiff Angel Omar Alvarez. Adding Kiel Ireland as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Angel Omar Alvarez. (Attorney Kiel Brunetti Ireland added to party Angel Omar Alvarez(pty:pla))(Ireland, Kiel)
June 5, 2018 Opinion or Order Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero, (Attachments: #1 Proof of Service)(Gottlieb, Ira)
June 5, 2018 Opinion or Order Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Superior Court for the County of Los Angeles filed by Plaintiff Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. Motion set for hearing on 7/2/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Ira L. Gottlieb, #3 Proposed Order, #4 Proof of Service) (Gottlieb, Ira)
June 5, 2018 Opinion or Order Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plainitffs Notice (Other), #11 , Miscellaneous Document #12 ,. The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: RE no. 11: Motion: Remand Case to State Court (follow prompts to select date, time and Judge); RE no. 12 : Notice: Certificate/Notice of Interested Parties. Other error(s) with document(s): Due to incorrect event re no. 11, No Motion was set on Judge's Motion calendar.Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
June 4, 2018 Opinion or Order Filing 12 Certificate of Interested Parties (Attachments: #1 Proof of Service)(Gottlieb, Ira)
June 4, 2018 Opinion or Order Filing 11 NOTICE OF MOTION AND MOTION OF PLAINTIFFS TO REMAND ACTION TO STATE COURT filed by Plaintiff Angel Omar Alvarez, Jose Paz, Fernando Ramirez, Alberto Rivera, Juan Romero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Ira L. Gottlieb, #3 Proposed Order, #4 Proof of Service)(Gottlieb, Ira)
May 7, 2018 Opinion or Order Filing 10 INITIAL STANDING ORDER by Judge S. James Otero. Rule 26 Meeting Report due by 7/23/2018. Scheduling Conference set for 8/6/2018 at 08:30 AM before Judge S. James Otero. (vcr)
May 7, 2018 Opinion or Order Filing 9 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
May 7, 2018 Opinion or Order Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
May 7, 2018 Opinion or Order Filing 7 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Charles F. Eick. (car)
May 4, 2018 Opinion or Order Filing 6 PROOF OF SERVICE filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC, re Declaration #5 , Civil Cover Sheet (CV-71) #3 , Notice (Other), #2 , Certificate/Notice of Interested Parties #4 , Notice of Removal (Attorney Civil Case Opening),, #1 served on May 4, 2018. (Dollarhide, Mary)
May 4, 2018 Opinion or Order Filing 5 DECLARATION of Riina Tohvert re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Jeffrey Trauner, XPO Logistics Cartage, LLC. (Dollarhide, Mary)
May 3, 2018 Opinion or Order CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 100, inclusive, Jeffrey Trauner, XPO Cartage, Inc., XPO Logistics Cartage, LLC amending Complaint - (Discovery),, filed by plaintiffs Juan Romero, Angel Omar Alvarez, Fernando Ramirez, Alberto Rivera, Jose Paz. Filed in State Court on 2/28/18 Submitted with Exhibit A attachment 1 to notice of removal #1 (car)
May 3, 2018 Opinion or Order CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 100 inclusive, Jeffrey Trauner, XPO Cartage, Inc., XPO Logistics Cartage, LLC. Jury Demanded., filed by plaintiffs Juan Romero, Angel Omar Alvarez, Fernando Ramirez, Alberto Rivera. Filed in State Court on 2/26/18 Submitted with Exhibit A attachment 1 to notice of removal #1 (car)
May 3, 2018 Opinion or Order Filing 4 CERTIFICATE of Interested Parties filed by Defendants All Defendants, identifying XPO Intermodal Solutions, Inc., XPO Intermodal, Inc., XPO Logistics, Inc.. (Dollarhide, Mary)
May 3, 2018 Opinion or Order Filing 3 CIVIL COVER SHEET filed by Defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Logistics, XPO Logistics Cartage, LLC. (Dollarhide, Mary)
May 3, 2018 Opinion or Order Filing 2 NOTICE filed by defendants Jeffrey Trauner, XPO Cartage, Inc., XPO Logistics, XPO Logistics Cartage, LLC. Request for Judicial Notice (Attachments: #1 Exhibit Exhibit A, Request for Judicial Notice, #2 Supplement Certification of Interested Parties)(Dollarhide, Mary)
May 3, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC695123 Receipt No: 0973-21696147 - Fee: $400, filed by Defendant XPO Logistics, XPO Logistics Cartage, LLC, Jeffrey Trauner, XPO Cartage, Inc.. (Attachments: #1 Exhibit Exhibit A, Notice of Removal, #2 Exhibit Exhibit B, Notice of Removal, #3 Exhibit Exhibit C, Notice of Removal) (Attorney Mary C Dollarhide added to party Jeffrey Trauner(pty:dft), Attorney Mary C Dollarhide added to party XPO Cartage, Inc.(pty:dft), Attorney Mary C Dollarhide added to party XPO Logistics(pty:dft), Attorney Mary C Dollarhide added to party XPO Logistics Cartage, LLC(pty:dft))(Dollarhide, Mary)

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Search for this case: Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et al
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Defendant: Jeffrey Trauner
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Carol Yur
Represented By: Alexander J Larro
Represented By: Isabel A Crosby
Represented By: Scott M Voelz
Represented By: Kevin D Harlow
Represented By: Kathryn Bridget Riley
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Defendant: XPO Logistics Cartage, LLC
Represented By: Mary C Dollarhide
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Defendant: XPO Cartage, Inc.
Represented By: Mary C Dollarhide
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Defendant: A Delaware Corp. XPO Logistics
Represented By: Mary C Dollarhide
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Defendant: XPO Logistics, Inc.
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
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Defendant: XPO Cartage, Inc. doing business as XPO Logistics, a Delaware corportion
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
Represented By: Kathryn Bridget Riley
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Defendant: Does 1 through 50, inclusive
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Defendant: XPO Intermodal Solutions Inc an Ohio corporation doing business as XPO Logistics
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
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Defendant: XPO Logistics Cartage, LLC doing business as XPO Logistics, a Delaware limited Liability Company
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Carol Yur
Represented By: Alexander J Larro
Represented By: Isabel A Crosby
Represented By: Scott M Voelz
Represented By: Kevin D Harlow
Represented By: Kathryn Bridget Riley
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Defendant: XPO Intermodal Services LLC a Delaware limited liability company doing business as XPO Logistics
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
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Plaintiff: Jose Paz
Represented By: C Joe Sayas, Jr
Represented By: Ira Lawrence Gottlieb
Represented By: Hector Alfredo De Haro
Represented By: Julie Gutman Dickinson
Represented By: Estephanie Villalpando
Represented By: Karl Patrick Romero Evangelista
Represented By: Katherine M Traverso
Represented By: Kiel Brunetti Ireland
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Plaintiff: Juan Romero
Represented By: C Joe Sayas, Jr
Represented By: Ira Lawrence Gottlieb
Represented By: Hector Alfredo De Haro
Represented By: Julie Gutman Dickinson
Represented By: Estephanie Villalpando
Represented By: Karl Patrick Romero Evangelista
Represented By: Katherine M Traverso
Represented By: Kiel Brunetti Ireland
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Plaintiff: Fernando Ramirez
Represented By: C Joe Sayas, Jr
Represented By: Ira Lawrence Gottlieb
Represented By: Hector Alfredo De Haro
Represented By: Julie Gutman Dickinson
Represented By: Estephanie Villalpando
Represented By: Karl Patrick Romero Evangelista
Represented By: Katherine M Traverso
Represented By: Kiel Brunetti Ireland
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Plaintiff: Angel Omar Alvarez
Represented By: C Joe Sayas, Jr
Represented By: Ira Lawrence Gottlieb
Represented By: Hector Alfredo De Haro
Represented By: Julie Gutman Dickinson
Represented By: Estephanie Villalpando
Represented By: Karl Patrick Romero Evangelista
Represented By: Katherine M Traverso
Represented By: Kiel Brunetti Ireland
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Plaintiff: Alberto Rivera
Represented By: C Joe Sayas, Jr
Represented By: Ira Lawrence Gottlieb
Represented By: Hector Alfredo De Haro
Represented By: Julie Gutman Dickinson
Represented By: Estephanie Villalpando
Represented By: Karl Patrick Romero Evangelista
Represented By: Katherine M Traverso
Represented By: Kiel Brunetti Ireland
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Consolidated counter defendant: Jairo Moreno Martinez
Represented By: Daniel A Osborn
Represented By: D Briana Rivera
Represented By: Ira Lawrence Gottlieb
Represented By: Patricia Ann Shackelford
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Consolidated defendant: Javier Martin Del Campo
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Consolidated defendant: XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Betsey Annette Boutelle
Represented By: Scott M Voelz
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Consolidated defendant: XPO Logistics, LLC
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
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Consolidated plaintiff: Reynaldo Gomez Acosta
Represented By: Alvin M Gomez
Represented By: Stephen Noel Ilg
Represented By: Frank J Zeccola
Represented By: Luiza Vannucci Dias
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Consolidated plaintiff: Servando Avila Luciano
Represented By: Alvin M Gomez
Represented By: Stephen Noel Ilg
Represented By: Frank J Zeccola
Represented By: Luiza Vannucci Dias
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Consolidated plaintiff: Jesus Carreon
Represented By: Daniel A Osborn
Represented By: D Briana Rivera
Represented By: Patricia Ann Shackelford
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Consolidated plaintiff: Victor Cortes Arrellano
Represented By: Alvin M Gomez
Represented By: Stephen Noel Ilg
Represented By: Frank J Zeccola
Represented By: Luiza Vannucci Dias
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Consolidated plaintiff: Rodolpho Moreno
Represented By: Daniel A Osborn
Represented By: D Briana Rivera
Represented By: Patricia Ann Shackelford
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Cross defendant: Edgar Mendoza
Represented By: Solomon E Gresen
Represented By: Jack Risemberg
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Alternative dispute resolution (adr) provider: Raymond R Kepner
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Cross claimant: XPO Logistics Cartage, LLC 2:18-cv-9144 SJO(Ex) doing business as XPO Logistics
Represented By: Mary C Dollarhide
Represented By: Christianna Kyriacou
Represented By: Alexander J Larro
Represented By: Scott M Voelz
Represented By: Kevin D Harlow
Represented By: Kathryn Bridget Riley
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