Anastacia Ramirez v. Little Caesars Enterprises Inc.
| Anastacia Ramirez |
| Little Caesar Enterprises, Inc., Ruby Rodriguez, Amanda Kirkpatrick and DOES 1 through 100 |
| 2:2018cv07993 |
| September 12, 2018 |
| U.S. District Court for the Central District of California |
| Andre Birotte |
| Jean P Rosenbluth |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2019. A more recent docket listing may be available from PACER.
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Filing 38
ORDER DENYING MOTION TO REMAND, GRANTING MOTION TO DISMISS INDIVIDUAL DEFENDANTS RUBY RODRIGUEZ AND AMANDA KIRKPATRICK, AND DENYING MOTIONS TO QUASH FOR INSUFFICIENT SERVICE OF SUMMONS ON RUBY RODRIGUEZ AND AMANDA KIRKPATRICK by Judge Andre Birotte Jr.: The Court (1) DENIES Plaintiff's Motion to Remand and Plaintiff's request for attorneys' fees #34 ; (2) GRANTS Little Caesars's Motion to Dismiss the Individual Defendants #18 and dismisses the Individual Defendants Ruby Rodriguez and Amanda Kirkpatrick WITH PREJUDICE; (3) DENIES Little Caesars's Motion to Quash for Insufficient Service of Summons on Individual Defendant Amanda Kirkpatrick #16 as moot; and (4) DENIES Little Caesars's Motion to Quash for Insufficient Service of Summons on Individual Defendant Ruby Rodriguez #17 as moot. (gk)
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| Filing 37 MINUTES OF DEFENDANTS MOTION TO QUASH FOR INSUFFICIENT SERVICE OF SUMMONS ON INDIVIDUAL DEFENDANT AMANDA KIRKPATRICK #16 ; 2) DEFENDANTS MOTION TO QUASH FOR INSUFFICIENT SERVICE OF SUMMONS ON INDIVIDUAL DEFENDANT RUBY RODRIGUEZ #17 ; 3) DEFENDANT LITTLE CAESAR ENTERPRISES, INC.'S MOTION TO DISMISS INDIVIDUAL DEFENDANTS RUBY RODRIGUEZ AND AMANDA KIRKPATRICK #18 ; 4) PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT; REQUEST FOR REIMBURSEMENT OF COSTS AND FEES IN THE AMOUNT OF $20,250.00 #34 held before Judge Andre Birotte Jr: The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (yl) |
| Filing 36 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #34 filed by Plaintiff Anastacia Ramirez. (Rand-Lewis, Suzanne) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #34 filed by Defendant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 34 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District filed by Plaintiff Anastacia Ramirez. Motion set for hearing on 10/26/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Suzanne E, Rand-Lewis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Rand-Lewis, Suzanne) |
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Filing 33
MINUTES (IN CHAMBERS) Order re Plaintiff's Ex Parte Application by Judge Andre Birotte Jr.: Before the Court is Plaintiff's Ex Parte Motion for an Immediate Stay; Request for Judicial Notice; Motion of Remand Case to State Court; Request for Reimbursement of Costs and Fees in the Amount of $20,250.00 #29 . The Court STRIKES Plaintiff's Motion for Remand, Request for Judicial Notice, and Request for Reimbursement of Costs and Fees for failure to comply with the local rules. Plaintiff must refile her Motion for Remand in compliance with the local rules no later than 10/19/2018. Little Caesars may refile their Opposition no later than 10/21/2018. The hearing on Plaintiff's Motion for Remand will be set for 10/26/2018 at 10:00 AM. The parties are ordered to meet and confer in good faith prior to resubmitting their filings. The Court DENIES the Ex Parte Application insofar as it seeks a stay of the case. Court Reporter: N/A. (gk)
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| Filing 32 OPPOSITION to EX PARTE APPLICATION to Stay Case pending ruling on Motion to Remand and Motion to Remand, Memorandum of Points & Authorities #29 filed by Defendant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss defendant Amanda Kirkpatrick, Ruby Rodriguez #18 Supplemental Opposition filed by Plaintiff Anastacia Ramirez. (Attachments: #1 Declaration of Suzanne E. Rand-Lewis in Support of)(Rand-Lewis, Suzanne) |
| Filing 30 NOTICE OF LODGING filed re EX PARTE APPLICATION to Stay Case pending ruling on Motion to Remand and Motion to Remand, Memorandum of Points & Authorities #29 (Attachments: #1 Proposed Order Granting Stay Pending Disposition of Plaintiff's Motion to Remand, #2 Proposed Order Granting Plaintiff's Motion to Remand)(Rand-Lewis, Suzanne) |
| Filing 29 EX PARTE APPLICATION to Stay Case pending ruling on Motion to Remand and Motion to Remand, Memorandum of Points & Authorities filed by Plaintiff Anastacia Ramirez. (Attachments: #1 Declaration of Suzanne E, Rand-Lewis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Rand-Lewis, Suzanne) |
| Filing 28 REPLY In Support Of NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Amanda Kirkpatrick #16 filed by Defendant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 27 REPLY In Support Of NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Ruby Rodriguez #17 filed by Defendant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 26 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss defendant Amanda Kirkpatrick, Ruby Rodriguez #18 filed by Defendant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 25 NOTICE OF ERRATA filed by Defendant Little Caesar Enterprises, Inc.. correcting NOTICE OF MOTION AND MOTION to Dismiss defendant Amanda Kirkpatrick, Ruby Rodriguez #18 (Attachments: #1 Exhibit A - Memorandum of Points & Authorities, #2 Declaration of Maria C. Rodriguez, #3 Declaration of Yvonne Rivera)(Rodriguez, Maria) |
| Filing 24 Opposition in Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss defendant Amanda Kirkpatrick, Ruby Rodriguez #18 filed by Plaintiff Anastacia Ramirez. (Attachments: #1 Declaration of Suzanne E. Rand-Lewis in Support of)(Rand-Lewis, Suzanne) |
| Filing 23 Opposition in Opposition to re: NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Ruby Rodriguez #17 , NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Amanda Kirkpatrick #16 filed by Plaintiff Anastacia Ramirez. (Attachments: #1 Declaration of Suzanne E. Rand-Lewis in Support of)(Rand-Lewis, Suzanne) |
| Filing 22 NOTICE OF LODGING filed by Plaintiff re Response By Court to Notice of Deficiencies (G-112B) - optional html form, #21 (Attachments: #1 Proposed Order STAYING ACTION; FOR DEFENDANT LITTLE CAESAR ENTERPRISES INC. TO SHOW CAUSE AS WHY THIS CASE SHOULD NOT BE REMANDED AND DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION)(Rand-Lewis, Suzanne) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Plaintiff's Notice filed 9/18/2018 #15 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 12/21/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other),, #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Show Cause. The filer used the event, Notice (Other), for docketing this filing. Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at [email protected] in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. 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. (gk) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss defendant Amanda Kirkpatrick, Ruby Rodriguez filed by defendant Little Caesar Enterprises, Inc.. Motion set for hearing on 10/26/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Maria C. Rodriguez with Ex. A-D, #2 Proposed Order) (Rodriguez, Maria) |
| Filing 17 NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Ruby Rodriguez filed by defendant Little Caesar Enterprises, Inc.. Motion set for hearing on 10/26/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Maria C. Rodriguez with Ex. A-E, #2 Proposed Order) (Rodriguez, Maria) |
| Filing 16 NOTICE OF MOTION AND MOTION to Quash Summons re Individual Defendant Amanda Kirkpatrick filed by defendant Little Caesar Enterprises, Inc.. Motion set for hearing on 10/26/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Maria C. Rodriguez with Ex. A-E, #2 Proposed Order) (Rodriguez, Maria) |
| Filing 15 NOTICE BY PLAINTIFF OF DEFENDANTS NONCOMPLIANCE WITH 28 USC 1446 (a); LODGING OF PROOFS OF SERVICE OF SUMMONS AND COMPLAINT ON INDIVIDUAL DEFENDANTS RUBY RODRIGUEZ AND AMANDA KIRKPATRICK; REQUEST FOR OSC RE UNTIMELY REMOVAL AND FAILURE BY CO-DEFENDANTS TO JOIN IN REMOVAL filed by Plaintiff Anastacia Ramirez. (Attachments: #1 Exhibit A Proof of Service of Summons and Complaint on Defendant Amanda Kirkpatrick, #2 Exhibit B Proof of Service of Summons and Complaint on Defendant Ruby Rodriguez)(Rand-Lewis, Suzanne) |
| Filing 14 PROOF OF SERVICE filed by defendant Little Caesar Enterprises, Inc., re Initial Order upon Filing of Complaint - form only #13 served on 09/17/2018. (Rodriguez, Maria) |
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Filing 13
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 12 DEMAND for Jury Trial filed by Plaintiff Anastacia Ramirez.. (Rand-Lewis, Suzanne) |
| Filing 11 CERTIFICATE of Interested Parties filed by Plaintiff Anastacia Ramirez, (Rand-Lewis, Suzanne) |
| Filing 10 PROOF OF SERVICE filed by defendant Little Caesar Enterprises, Inc., re Intradistrict Transfer - Clerical Error (G-73) - optional html form, #6 , Corporate Disclosure Statement #3 , Declaration #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 , Notice of Assignment to United States Judges(CV-18) - optional html form #8 , Notice of Removal (Attorney Civil Case Opening),, #1 , Notice (Other) #7 , Certificate/Notice of Interested Parties #4 , Civil Cover Sheet (CV-71) #2 served on 09/14/2018. (Rodriguez, Maria) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Jean P. Rosenbluth. (jtil) |
| Filing 7 NOTICE filed by defendant Little Caesar Enterprises, Inc.. NOTICE OF COMPLIANCE WITH U.S.C. 1446(d) (Attachments: #1 Exhibit 1 - Notice to the Clerk, #2 Exhibit 2 - Notice to Adverse Parties)(Rodriguez, Maria) |
| Filing 6 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge Andre Birotte Jr for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Jean P. Rosenbluth. New Case Number 2:18-cv-07993 AB (JPRx). (jtil) |
| CONFORMED ANSWER to Complaint - filed by Defendant Little Caesar Enterprises, Inc. in Los Angeles Superior Court on 9/12/2018, attached as Exhibit C.(jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Anastacia Ramirez in Los Angeles Superior Court on 5/24/2018, attached as Exhibit A. (jtil) |
| Filing 5 DECLARATION of Rebecca Adkins re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Movant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 4 CERTIFICATE of Interested Parties filed by Defendant Little Caesar Enterprises, Inc., (Rodriguez, Maria) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Movant Little Caesar Enterprises, Inc. (Rodriguez, Maria) |
| Filing 2 CIVIL COVER SHEET filed by Movant Little Caesar Enterprises, Inc.. (Rodriguez, Maria) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court - Los Angeles County, case number BC707267 Receipt No: 0973-22409823 - Fee: $400, filed by defendant Little Caesar Enterprises, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Answer to Complaint, #4 Exhibit D - Notice of Case Management Conference, #5 Exhibit E - Amendment to Complaint, #6 Exhibit F - Little Caesar's Peremptory Challenge) (Attorney Maria C Rodriguez added to party Little Caesar Enterprises, Inc.(pty:bkmov))(Rodriguez, Maria) |
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