Michael Archuleta v. Avcorp Composite Fabrication Inc. et al
| Michael Archuleta |
| Avcorp Composite Fabrication Inc., HITCO Carbon Composites, Inc. and Does 1 through 100, inclusive |
| 2:2018cv08106 |
| September 19, 2018 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Frederick F Mumm |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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Filing 32
ORDER GRANTING JOINT STIPULATION #31 REQUESTING VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii)by Judge Philip S. Gutierrez (yl)
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Filing 31
Joint STIPULATION to Dismiss Case pursuant to F.R.C.P. 41(a)(1)(A)(ii) filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
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Filing 30
ORDER GRANTING STIPULATION TO STAY LITIGATION by Judge Philip S. Gutierrez, re Stipulation to Stay Case #29 : IT IS HEREBY ORDERED that: (1) The action is stayed, including the time for which Plaintiff to file a motion seeking relief from LR 23-3 and to file a First Amended Class Action Complaint, pending the Courts review and approval of the forthcoming proposed class action settlement in the Dawson Action; (2) The stay may be lifted upon written request of either Plaintiff or Defendant and further order of the Court lifting the stay; and (3) The Parties do not waive, and fully and expressly reserve, all claims, challenges, defenses, objections and positions in this Action, including without limitation as to the scheduling thereof. (4) The case is administratively closed. The case may be reopened upon application of any party. (Made JS-6. Case Terminated.) (bm)
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Filing 29
STIPULATION to Stay Case pending The Tentative Class-Wide Settlement Reached in Dawson v. Hitco Carbon Composites, Inc. filed by Plaintiff Michael Archuleta. (Attachments: #1 Proposed Order)(De Sario, James)
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Filing 28
MINUTES (IN CHAMBERS) Order GRANTING Defendant HITCO's motion to dismiss by Judge Philip S. Gutierrez granting #23 MOTION to Dismiss Case: For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss. The Court GRANTS Plaintiff leave to amend. Plaintiff must file an amended complaint no later than March 1, 2019 or this case will be dismissed with prejudice. (see document for further details) (bm)
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Filing 27
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 26
Opposition to Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Michael Archuleta. (De Sario, James)
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Filing 25
NOTICE OF NON-RECEIPT OF PLAINTIFFS OPPOSITION TO DEFENDANT HITCO CARBON COMPOSITES, INC.S MOTION TO DISMISS AND/OR STRIKE COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) re NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 24
ORDER GRANTING JOINT STIPULATION OF VOLUNTARY DISMISSAL by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case #22 : IT IS HEREBY ORDERED that pursuant to the foregoing stipulation between Plaintiff Michael Archuleta ("Plaintiff") and Defendant Avcorp Composite Fabrication Inc. ("Avcorp"), Plaintiff's Complaint against Avcorp is dismissed with prejudice as to the named Plaintiff, and without prejudice as to the Putative Class alleged in the Complaint. Plaintiff and Avcorp shall bear their own attorneys' fees and costs. (bm)
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Filing 23
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant HITCO Carbon Composites, Inc.. Motion set for hearing on 2/11/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Kane, Matthew)
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Filing 22
STIPULATION to Dismiss Case pursuant to voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by defendant Avcorp Composite Fabrication Inc.. (Attachments: #1 Proposed Order)(Olsen, Michael)
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Filing 21
MINUTES (IN CHAMBERS) Order DENYING Plaintiff's motion to remand by Judge Philip S. Gutierrez denying #17 MOTION: For the foregoing reasons, Plaintiff's motion to remand is DENIED. (see document for further details) (bm)
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Filing 20
REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Plaintiff Michael Archuleta. (De Sario, James)
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Filing 19
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Declaration of Merlo, #2 Declaration of Harrison, #3 Declaration of Peterson)(Kane, Matthew)
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Filing 18
MINUTE(In Chambers): Order requiring briefing on a CAFA exception by Judge Philip S. Gutierrez. Accordingly, in their opposition(s) to Plaintiff's motion to remand, Defendants are ORDERED to inform the Court of Defendant Avcorp's principal place of business so that Avcorp's citizenship can be determined. If Defendant Avcorp has its principal place of business in California-and is therefore a California citizen-Defendants are FURTHER ORDERED tobrief in thei r opposition(s) why the case should not be remanded under the local controversy exception to CAFA, see 28 U.S.C. 1332(d)(4). If Plaintiff wishes to express his views on this issue, he may do so in the reply brief for his motion to remand. (lom)
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| Filing 17 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintff Michael Archuleta. Motion set for hearing on 12/10/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (De Sario, James) |
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Filing 16
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 , for the following reasons: Hearing information is missing, incorrect, or not timely. Please visit the Court's website for available hearing dates. (lom)
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| Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff Michael Archuleta, (De Sario, James) |
| Filing 14 STRICKEN, see docket entry no. 16 - NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Michael Archuleta. Motion set for hearing on 11/26/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (De Sario, James) Modified on 10/24/2018 (lom). |
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Filing 13
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:16-cv-07337 PSG(FFMx). Case transferred from Magistrate Judge Paul L. Abrams and Judge Andre Birotte Jr to Judge Philip S. Gutierrez and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08106 PSG(FFMx). Signed by Judge Philip S. Gutierrez (rn)
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| Filing 11 NOTICE of Appearance filed by attorney Michael Edward Olsen on behalf of Defendant Avcorp Composite Fabrication Inc. (Attorney Michael Edward Olsen added to party Avcorp Composite Fabrication Inc.(pty:dft))(Olsen, Michael) |
| Filing 10 NOTICE of Appearance filed by attorney Julie Westcott O'Dell on behalf of Defendant Avcorp Composite Fabrication Inc. (Attorney Julie Westcott O'Dell added to party Avcorp Composite Fabrication Inc.(pty:dft))(O'Dell, Julie) |
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Filing 9
ORDER GRANTING JOINT STIPULATION TO CONTINUE: (1) DEFENDANTS' RESPONSIVE PLEADING DEADLINE TO COMPLAINT PENDING MOTION TO REMAND; AND (2) L.R. 23-3 DEADLINE by Judge Andre Birotte Jr.: The Stipulation #8 is hereby GRANTED as follows: (1) Plaintiff's intended Motion to Remand shall be filed on or before 10/19/2018; (2) Defendants HITCO Carbon Composites, Inc. and Avcorp Composite Fabrication, Inc.'s deadline to file an answer or other responsive pleading to Plaintiff's Complaint shall be and hereby is extended to 14 days after entry of the Court's Order on Plaintiff's intended Motion to Remand or, if Plaintiff does not file a Motion to Remand, 14 days after 10/19/2018; and (3) The deadline for Plaintiff to file a motion for class certification under L.R. 23-3 will be continued to 90 days after entry of the Court's Order on Plaintiff's intended Motion to Remand and should the Motion to Remand be denied by the Court Plaintiff will seek to be relieved from L.R. 23-3. (gk)
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| Filing 8 Joint STIPULATION to Continue DEFENDANTS RESPONSIVE PLEADING DEADLINE from September 26, 2018 to 14 days after entry of the Courts Order on Plaintiffs intended Motion to Remand filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Avcorp Composite Fabrication Inc., Does 1 through 100, Inclusive, HITCO Carbon Composites, Inc. Jury Demanded., filed by plaintiff Michael Archuleta. Filed in State Court on 7/19/18 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Michael Archuleta, upon Defendant HITCO Carbon Composites, Inc. served on 8/20/2018, answer due 9/10/2018. Service of the Summons and Complaint were executed upon Albert Demonte National Registered Agents, Inc. Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 8/27/18 Submitted with Attachment 8 to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Michael Archuleta, upon Defendant Avcorp Composite Fabrication Inc. served on 8/24/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon Becky DeGeorge CSC Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 9/5/18 Submitted with Attachment 9 to Notice of Removal #1 (car) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant HITCO Carbon Composites, Inc.. Related Case(s): 2:16-cv-07337-PSG-FFM (Kane, Matthew) |
| Filing 3 NOTICE of Interested Parties filed by Defendant HITCO Carbon Composites, Inc., identifying SGL Technologies North America Corp.; SGL Carbon, LLC; SGL Carbon Beteiligung GmbH; SGL Carbon SE. (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC714171 Receipt No: 0973-22445184 - Fee: $400, filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Civil Cover Addendum, #5 Voluntary Efficient Litigation Stipulations, #6 Alternative Dispute Resolution (ADR) Information Packet, #7 Minute Order re Peremptory Challenge, #8 Proof of Service of Summons - HITCO, #9 Proof of Service of Summons - Avcorp, #10 Peremptory Challenge, #11 Notice of Reassignment, #12 Notice re Complex Designation) (Attorney Matthew Charles Kane added to party HITCO Carbon Composites, Inc.(pty:dft))(Kane, Matthew) |
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