Evelia Davila v. ABM Industries, Inc. et al
Plaintiff: Evelia Davila and Larry Wade
Defendant: ABM Onsite Services West, Inc., American Building Maintenance Co., ABM Services, Inc., ABM Industries, Inc., Does 1 through 100, inclusive and ABM Industries Incorporated
Case Number: 2:2018cv03919
Filed: May 10, 2018
Court: US District Court for the Central District of California
Presiding Judge: Fernando M Olguin
Referring Judge: Michael R Wilner
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2019 Filing 67 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. BC699176, acknowledged on 5/16/2019. (iv)
May 10, 2019 Filing 66 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (iv)
May 10, 2019 Opinion or Order Filing 65 ORDER ON STIPULATION #63 REMANDING CASE TO STATE COURT by Judge Fernando M. Olguin. This matter is remanded to the Los Angeles Superior Court. Case Terminated. Made JS-6 (iv)
May 10, 2019 Filing 64 STIPULATION to Stay Case pending a Ruling on the Parties' Stipulation to Remand filed by Defendant ABM Industries Incorporated. (Attachments: #1 Proposed Order)(Collignon, Casie)
May 9, 2019 Filing 63 Joint STIPULATION to Remand Case to State Court filed by Plaintiffs Evelia Davila, Larry Wade. (Attachments: #1 Proposed Order Proposed Order)(Sheikali, Jad)
May 7, 2019 Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #61 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv)
April 26, 2019 Filing 61 Second AMENDED COMPLAINT against Defendant ABM Industries Incorporated amending Consolidated Complaint, #17 , filed by Plaintiffs Evelia Davila, Larry Wade(Sheikali, Jad)
April 24, 2019 Filing 60 STATUS REPORT RE: SETTLEMENT filed by Defendant ABM Industries Incorporated. (Pearson, Matthew)
April 11, 2019 Opinion or Order Filing 59 ORDER ON STIPULATION #57 TO CONTINUE DEADLINE FOR PLAINTIFFS TO FILE A SECOND AMENDED CLASS ACTION COMPLAINT by Judge Fernando M. Olguin. No later than April 25, 2019, Plaintiffs shall file a Second Amended Complaint or a Notice of Intent to Stand on the First Amended Complaint. (iv)
April 9, 2019 Filing 58 NOTICE Certificate of Service of Stipulation (Dkt. 57) filed by Plaintiffs Evelia Davila, Larry Wade. [Certificate of Service for Dkt. 57] (Sheikali, Jad)
April 9, 2019 Filing 57 STIPULATION for Extension of Time to Amend, STIPULATION for Extension of Time to File, STIPULATION for Extension of Time to File filed by Plaintiffs Evelia Davila, Larry Wade. (Attachments: #1 Proposed Order Proposed Order)(Sheikali, Jad)
April 4, 2019 Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate of Service #55 . The following error(s) was/were found: Title page, case number is missing. 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. (iv)
April 1, 2019 Filing 55 CERTIFICATE OF SERVICE filed by Plaintiff Evelia Davila, re Notice of Appearance or Withdrawal of Counsel (G-123), #54 served on 4/1/2019. (Griffin, Keith)
April 1, 2019 Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Keith David Griffin counsel for Plaintiff Evelia Davila. Adding Alex DiBona as counsel of record for Evelia Davila for the reason indicated in the G-123 Notice. Filed by Plaintiff Girardi Keese. (Griffin, Keith)
March 25, 2019 Opinion or Order Filing 53 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTION AND SUPPLEMENTAL BRIEFING by Judge Fernando M. Olguin. Defendant's Motion to Dismiss #24 is vacated. No later than 4/11/2019, plaintiffs shall file a Second Amended Complaint. (vdr)
March 21, 2019 Filing 52 MINUTES OF TELEPHONE CONFERENCE held before Judge Fernando M. Olguin. The court and counsel for the parties conferred off the record with respect to the pending motions and further proceedings. A separate order regarding further proceedings will issue. (iv)
March 20, 2019 Opinion or Order Filing 51 MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. A Telephone Conference is set for 3/21/2019 at 11:15 AM before Judge Fernando M. Olguin. (vdr)
December 21, 2018 Opinion or Order Filing 50 ORDER GRANTING STIPULATION #48 by Judge Fernando M. Olguin. The ADR completion deadline is continued to 4/30/2019. (vdr)
December 20, 2018 Filing 49 STATUS REPORT re Settlement filed by Defendant ABM Industries Incorporated. (Collignon, Casie)
December 20, 2018 Filing 48 Joint STIPULATION to Continue ADR Completion Date from 01/01/2019 to 04/30/2019 Re: Order, Terminate Hearings #33 filed by Defendant ABM Industries Incorporated. (Attachments: #1 Proposed Order)(Collignon, Casie)
November 2, 2018 Filing 47 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Stay Ruling #42 is taken off the 11/8/2018 calendar and placed under submission. No appearances are required on 11/8/2018. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
October 25, 2018 Filing 46 REPLY In Support Of Corrected NOTICE OF MOTION AND MOTION to Stay pending Resolution of Plaintiffs' Motion to Remand (Corrected to reflect proper hearing date) #42 filed by Plaintiffs Evelia Davila, Larry Wade. (Sheikali, Jad)
October 22, 2018 Filing 45 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Remand #32 is taken off the 10/25/2018 calendar and placed under submission. No appearances are required on 10/25/2018. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
October 18, 2018 Filing 44 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay pending Resolution of Plaintiffs' Motion to Remand #41 filed by Defendant ABM Industries Incorporated. (Collignon, Casie)
October 12, 2018 Filing 43 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Pursuant to the re-filed Motion to Stay #42 , the Motion #41 is deemed moot and terminated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
October 11, 2018 Filing 42 Corrected NOTICE OF MOTION AND MOTION to Stay pending Resolution of Plaintiffs' Motion to Remand (Corrected to reflect proper hearing date) filed by Plaintiffs Evelia Davila, Larry Wade. Motion set for hearing on 11/8/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Motion to Stay Ruling, #2 Proposed Order Proposed Order Granting Plaintiffs' Motion to Stay Ruling) (Sheikali, Jad)
October 11, 2018 Filing 41 NOTICE OF MOTION AND MOTION to Stay pending Resolution of Plaintiffs' Motion to Remand filed by Plaintiffs Evelia Davila, Larry Wade. Motion set for hearing on 11/1/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Motion to Stay Ruling, #2 Proposed Order Proposed Order Granting Plaintiffs' Motion to Stay Ruling) (Sheikali, Jad)
October 11, 2018 Filing 40 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court and Cook County Circuit Court #32 filed by Plaintiffs Evelia Davila, Larry Wade. (Sheikali, Jad)
October 9, 2018 Filing 39 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #24 is taken off the 10/11/2018 calendar and placed under submission. No appearances are required on 10/11/2018. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
October 4, 2018 Filing 38 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court and Cook County Circuit Court #32 filed by Defendant ABM Industries Incorporated. (Attachments: #1 Exhibit A - Zayo Group Brief)(Collignon, Casie)
October 3, 2018 Opinion or Order Filing 37 ORDER DENYING STIPULATION #36 TO CONTINUE HEARING DATE AND RESET BRIEFING SCHEDULE ON PLAINTIFFS' MOTION TO REMAND by Judge Fernando M. Olguin. DENIED BY ORDER OF THE COURT. (iv)
October 2, 2018 Filing 36 Joint STIPULATION to Continue hearing on Motion to Remand from 10/25/2018 to 12/20/2018 Re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court and Cook County Circuit Court #32 filed by Defendant ABM Industries Incorporated. (Attachments: #1 Proposed Order)(Collignon, Casie)
October 1, 2018 Opinion or Order Filing 35 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
October 1, 2018 Opinion or Order Filing 34 ORDER RE: CLASS CERTIFICATION MOTIONS by Judge Fernando M. Olguin. (vdr)
October 1, 2018 Opinion or Order Filing 33 SCHEDULING AND CASE MANAGEMENT ORDER RE: CLASS ACTION & REPRESENTATIVE ACTIONS by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. *See order for deadlines and requirements imposed.* (vdr)
September 27, 2018 Filing 32 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court and Cook County Circuit Court filed by Plaintiffs Evelia Davila, Larry Wade. Motion set for hearing on 10/25/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Motion to Remand to State Court, #2 Exhibit Exhibit A to Plaintiffs' Memorandum, #3 Exhibit Exhibit B to Plaintiffs' Memorandum, #4 Proposed Order [Proposed] Order Granting Plaintiffs' Motion to Remand to State Court) (Sheikali, Jad)
September 27, 2018 Filing 31 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Consolidated Complaint #24 filed by Defendant ABM Industries Incorporated. (Collignon, Casie)
September 20, 2018 Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6-8 days, filed by Plaintiffs Evelia Davila, Larry Wade.. (Sheikali, Jad)
September 17, 2018 Filing 29 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Consolidated Complaint #24 filed by Plaintiffs Evelia Davila, Larry Wade. (Sheikali, Jad)
August 28, 2018 Opinion or Order Filing 28 ORDER ON STIPULATION #27 TO CONTINUE HEARING ON DEFENDANTS MOTION TO DISMISS #24 by Judge Fernando M. Olguin. The hearing on Defendant's Motion to Dismiss is rescheduled for October 11, 2018 at 10:00 a.m. *See Order for dates and deadlines.* (iv)
August 27, 2018 Filing 27 First STIPULATION to Continue Hearing on Defendant's Motion to Dismiss from September 20, 2018 at 10:00 a.m. to October 11, 2018 at 10:00 a.m. filed by Plaintiffs Evelia Davila, Larry Wade. (Attachments: #1 Proposed Order Proposed Order)(Sheikali, Jad)
August 22, 2018 Opinion or Order Filing 26 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 10/4/2018 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
August 21, 2018 Filing 25 NOTICE OF ERRATA filed by Defendant ABM Industries Incorporated. correcting NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Consolidated Complaint #24 (Chow, Teresa)
August 21, 2018 Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Consolidated Complaint filed by Defendant ABM Industries Incorporated. Motion set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A to Memorandum of Points and Authorities, #3 Declaration of Matthew D. Pearson, #4 Exhibit A to Declaration, #5 Proposed Order) (Collignon, Casie)
August 21, 2018 Opinion or Order Filing 23 ORDER GRANTING STIPULATION FOR DISMISSAL OF CERTAIN DEFENDANTS ONLY WITH PREJUDICE #20 by Judge Fernando M. Olguin. Defendants American Building Maintenance Co.; ABM Onsite Services West, Inc.; ABM Services, Inc., ONLY are hereby dismissed WITH PREJUDICE; All Parties shall bear their own attorney fees and costs; This court retains jurisdiction to enforce this stipulation. (iv)
August 21, 2018 Filing 22 TEXT ONLY ENTRY by Chambers of Fernando M. Olguin: The Court has received and reviewed plaintiff's Stipulation to Dismiss #20 in response to the Order to Show Cause #19 . The Court hereby discharges the order to show cause. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
August 14, 2018 Filing 21 NOTICE Plaintiffs' Proofs of Service in Response to Court's Order to Show Cause filed by Plaintiff Evelia Davila, Larry Wade. (Sheikali, Jad)
August 14, 2018 Filing 20 First STIPULATION to Dismiss Defendants ABM Onsite Services West, Inc., ABM Services, Inc., American Building Maintenance Co. filed by Plaintiff Evelia Davila. (Attachments: #1 Proposed Order)(Bakhtiar, Ebby)
August 7, 2018 Opinion or Order Filing 19 (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 8/14/2018. (vdr)
July 26, 2018 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #17 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv)
July 24, 2018 Filing 17 CONSOLIDATED COMPLAINT Plaintiffs' First Amended Consolidated Class Action Complaint related to: Complaint - (Discovery),, filed by Plaintiff Evelia Davila, Larry Wade(Attorney Jad Sheikali added to party Evelia Davila(pty:pla), Attorney Jad Sheikali added to party Larry Wade(pty:pla))(Sheikali, Jad)
July 2, 2018 Opinion or Order Filing 16 ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. (1) The Stipulation #15 is granted as set forth in this Order. (2) Case No. CV 18-3919 FMO (MRWx) and Case No. CV 18-5256 FMO (MRWx) are hereby consolidated. The Clerk shall consolidate these actions such that the earlier filed action, Case CV 18-3919 FMO (MRWx), is the lead case. All future filings shall be filed in Case No. CV 18-3919 FMO (MRWx) until further notice from the court. (3) The Clerk shall administratively close Case No. CV 18-5256 FMO (MRWx). *See Order for dates, deadlines and requirements.* (iv)
June 15, 2018 Filing 15 STIPULATION to Continue Deadline for FAC from 06/15/18 to 14 days from consolidation filed by Plaintiff Evelia Davila. (Attachments: #1 Proposed Order)(Bakhtiar, Ebby)
June 1, 2018 Opinion or Order Filing 14 ORDER GRANTING STIPULATION #13 by Judge Fernando M. Olguin. The First Amended Complaint is due no later than 6/15/2018. (vdr)
May 31, 2018 Filing 13 STIPULATION for Extension of Time to File Answer to 07/13/2018 re Complaint - (Discovery), filed by Defendant ABM Industries Incorporated. (Attachments: #1 Proposed Order)(Pearson, Matthew)
May 29, 2018 Opinion or Order Filing 12 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #11 Non-Resident Attorney Paul G. Karlsgodt APPLICATION to Appear Pro Hac Vice on behalf of ABM Industries Incorporated, designating Teresa C Chow as local counsel. (lom)
May 25, 2018 Filing 11 APPLICATION of Non-Resident Attorney Paul G. Karlsgodt to Appear Pro Hac Vice on behalf of Defendant ABM Industries Incorporated (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21823559) filed by Defendant ABM Industries Incorporated. (Attach ments: #1 Proposed Order) (Chow, Teresa)
May 24, 2018 Opinion or Order Filing 10 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #9 Non-Resident Attorney Cassie D. Collignon APPLICATION to Appear Pro Hac Vice on behalf of Defendant ABM Industries, Incorporated, designating Teresa C. Chow as local counsel. (lt)
May 23, 2018 Filing 9 APPLICATION of Non-Resident Attorney Casie D. Collignon to Appear Pro Hac Vice on behalf of Defendant ABM Industries Incorporated (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21805812) filed by Defendant ABM Industries Incorporated. (Attac hments: #1 Proposed Order) (Chow, Teresa)
May 17, 2018 Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
May 15, 2018 Filing 7 STIPULATION Extending Time to Answer the complaint as to ABM Industries Incorporated answer now due 6/1/2018, re Complaint - (Discovery), filed by Defendant ABM Industries Incorporated.(Chow, Teresa)
May 14, 2018 Filing 6 NOTICE of Filing of Notice of Removal in State Court filed by Defendant ABM Industries Incorporated. (Chow, Teresa)
May 11, 2018 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
May 11, 2018 Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Michael R. Wilner. (esa)
May 11, 2018 Filing 3 NOTICE Pendency of Other Actions or Proceedings filed by Defendant ABM Industries, Inc.. (Pearson, Matthew)
May 11, 2018 Filing 2 Certification and NOTICE of Interested Parties filed by Defendant ABM Industries, Inc., identifying ABM Industries Incorporated. (Pearson, Matthew)
May 10, 2018 CONFORMED COPY OF COMPLAINT against defendants ABM Industries Incorporated, ABM Industries, Inc., ABM Onsite Services West, Inc., ABM Services, Inc., American Building Maintenance Co., Does 1 through 100, inclusive, Jury Demand, filed by plaintiff Evelia Davila. (Filed in state court 3/22/18, submitted as document 1, attachment 1, p. 9) (esa)
May 10, 2018 Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC699176 Receipt No: 0973-21731270 - Fee: $400, filed by Defendant ABM Industries, Inc.. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Civil Cover Sheet) (Attorney Matthew D Pearson added to party ABM Industries, Inc.(pty:dft))(Pearson, Matthew)

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Defendant: ABM Onsite Services West, Inc.
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Defendant: American Building Maintenance Co.
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Defendant: ABM Services, Inc.
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Defendant: ABM Industries, Inc.
Represented By: Matthew D Pearson
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Defendant: Does 1 through 100, inclusive
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Defendant: ABM Industries Incorporated
Represented By: Teresa C Chow
Represented By: Paul G Karlsgodt
Represented By: Casie D Collignon
Represented By: Matthew D Pearson
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Plaintiff: Evelia Davila
Represented By: Ebby Shahrokh Bakhtiar
Represented By: Keith David Griffin
Represented By: Jad Sheikali
Represented By: Alex Karl DiBona
Represented By: Thomas Vincent Girardi
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Plaintiff: Larry Wade
Represented By: Jad Sheikali
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