Victor Cortes Arrellano et al v. XPO Logistics Port Services, LLC, et al.,
Plaintiff: Victor Cortes Arrellano, Servando Avila Luciano, Julio Garcia, Reynaldo Gomez Acosta, Fidel Gonzalez and Feliz Nunez Duarte
Defendant: XPO Logistics Cartage, LLC, XPO Logistics, Inc., Does 1 through 50, inclusive, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics Port Services, LLC, Does 4 through 50, inclusive, Doe, XPO Port Services, Inc., XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc. and XPO Logistics, LLC
Consolidated Plaintiff: Gerald Daniels, Manuel De Jesus Martinez Mejia and Edgardo Villatoro
Case Number: 2:2018cv08220
Filed: September 21, 2018
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: R Gary Klausner
2 Judge: S James Otero
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2021 Opinion or Order Filing 132 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint and Counterclaim, #130 by Clerk. The document is stricken and counsel is ordered to file an amended or corrected document by April 22, 2021. (lom)
April 20, 2021 Opinion or Order Filing 131 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint and Counterclaim #130 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Counterclaim parties are not in caption on title page. The names should reflect the same - see caption, if it is as to all defendants. 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. (lom)
April 19, 2021 Opinion or Order Filing 130 ANSWER to Amended Complaint/Petition, #129 and Demand for Jury Trial, COUNTERCLAIM against Reynaldo Gomez Acosta, Servando Avila Luciano filed by Defendant XPO Logistics, Inc., XPO Port Services, Inc., XPO Logistics Port Services, LLC, XPO Logistics Cartage, LLC.(Voelz, Scott)
April 5, 2021 Opinion or Order Filing 129 FIFTH AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint, Amended Complaint/Petition #53 , Complaint - (Discovery), Amended Complaint, Amended Complaint,, filed by Plaintiff Victor Cortes Arrellano (Attachments: #1 Proof of Service)(Zeccola, Frank)
March 30, 2021 Opinion or Order Filing 128 (IN CHAMBERS) Order Re: Defendants' Renewed Motion to Dismiss Meal and Rest Break Claims and PAGA Claim [DE #123 ] by Judge R. Gary Klausner: The Court GRANTS Defendants' Motion. Any amended complaint shall be filed by no later than seven calendar days from the issuance of this order. (See Civil Minutes for further specifics). (jp)
March 17, 2021 Opinion or Order Filing 127 (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, and XPO Port Services, Inc.'s Renewed Motion to Dismiss Meal and Rest Break Claims and PAGA Claim #123 , calendared for hearing on March 22, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
March 8, 2021 Opinion or Order Filing 126 REPLY in Support of Renewed NOTICE OF MOTION AND MOTION to Dismiss Meal and Rest Break Claims and PAGA Claim #123 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Voelz, Scott)
March 1, 2021 Opinion or Order Filing 125 OPPOSITION to Renewed NOTICE OF MOTION AND MOTION to Dismiss Meal and Rest Break Claims and PAGA Claim #123 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proof of Service)(Zeccola, Frank)
February 19, 2021 Opinion or Order Filing 124 REQUEST FOR JUDICIAL NOTICE re Renewed NOTICE OF MOTION AND MOTION to Dismiss Meal and Rest Break Claims and PAGA Claim #123 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Notice of Lodging of Proposed Order, #4 Proposed Order)(Voelz, Scott)
February 19, 2021 Opinion or Order Filing 123 Renewed NOTICE OF MOTION AND MOTION to Dismiss Meal and Rest Break Claims and PAGA Claim filed by Defendant XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Scott M. Voelz in Support of Defendants' Renewed Motion to Dismiss, #3 Exhibit 1, #4 Notice of Lodging of Proposed Order, #5 Proposed Order) (Voelz, Scott)
February 19, 2021 Opinion or Order Filing 122 Notice of Appearance or Withdrawal of Counsel: for attorney Sophia Noel Tarazi counsel for Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc., Counter Claimant XPO Logistics Cartage, LLC. Adding Sophie N. Tarazi as counsel of record for Cross-Complainant XPO Logistics Cartage, LLC and Defendants XPO Logistics Port Services, LLC, XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC, XPO Intermodal Solutions, Inc., and XPO Intermodal Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Port Services, Inc., XPO Logistics, Inc., XPO Logistics, LLC, XPO Intermodal Solutions, Inc., and XPO Intermodal Services, LLC. (Attorney Sophia Noel Tarazi added to party XPO Intermodal Services, LLC(pty:dft), Attorney Sophia Noel Tarazi added to party XPO Intermodal Solutions, Inc.(pty:dft), Attorney Sophia Noel Tarazi added to party XPO Logistics Cartage, LLC(pty:cc), Attorney Sophia Noel Tarazi added to party XPO Logistics Port Services, LLC(pty:dft), Attorney Sophia Noel Tarazi added to party XPO Logistics, Inc.(pty:dft), Attorney Sophia Noel Tarazi added to party XPO Logistics, LLC(pty:dft), Attorney Sophia Noel Tarazi added to party XPO Port Services, Inc.(pty:dft))(Tarazi, Sophia)
February 9, 2021 Opinion or Order Filing 121 (IN CHAMBERS) Order Re: Parties' Stipulation to Request Continuance of Trial Date and to Set Related Pretrial Deadlines [DE #119 ] by Judge R. Gary Klausner: The Court, having reviewed the Stipulation to Request Continuance of Trial Date and to Set Related Pretrial Deadlines (ECF No. 119), ORDERS as follows The Trial date is continued to 9/7/2021 at 9:00 AM. The Pretrial Conference is continued to 8/23/2021 at 9:00 AM. The Discovery Cut-off is reset for 7/9/2021. The Motion Cut-off is reset for 6/23/2021, and Deadlines for expe1t disclosures are based on the new trial date as set fo1th in Rule 26(a)(2)(D). (jp)
February 8, 2021 Opinion or Order Filing 120 NOTICE OF LODGING filed re Stipulation to Continue, #119 (Attachments: #1 Proposed Order)(Voelz, Scott)
February 8, 2021 Opinion or Order Filing 119 STIPULATION to Continue Trial Date and to Set Related Pretrial Deadlines filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc..(Voelz, Scott)
January 14, 2021 Opinion or Order Filing 118 (IN CHAMBERS) Order Closing Case No. 2:19-cv-09199-RGK-E; 2:18-cv-06175-RGK-E; and 2:18-cv-09144-RGK-E by Judge R. Gary Klausner: Based on these responses, the Court orders Case No. 2:19-cv-09199-RGK-E; Case No. 2:18-cv-06175-RGK-E; and Case No. 2:18-cv-09144-RGK-E closed. (See Civil Minutes for further specifics). (jp)
December 4, 2020 Opinion or Order Filing 117 ORDER RE: JOINT STIPULATION RE: PROPOSED NOTICE OF PENDENCY OF CLASS ACTION AND EXCLUSION FORM #116 by Judge R. Gary Klausner as follows: (1) The "Notice of Pendency of Class Action" attached hereto as Exhibit "A," and the "Exclusion Form" attached as Exhibit "B," is approved for dissemination to all class members in this certified class action, pursuant to Rule 3(c)(2)(B); (2) Phoenix Class Action Administration Solutions is approved to serve as Class Administrator for purposes of disseminating the Class Notice and Exclusion Form to class members and collecting any returned Exclusion Form; and (3) Dissemination of the Class Notice and Exclusion Form shall be made via First Class Mail, to the last-known physical address for each class member, as provided by Defendants. (jp)
December 3, 2020 Opinion or Order Filing 116 Joint STIPULATION for Leave to Disseminate Class Notice and Exclusion Form filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
November 16, 2020 Opinion or Order Filing 115 (IN CHAMBERS) Order Re: Defendants' Motion for Reconsideration of the Court's Order Granting in Part Plaintiffs' Renewed Motion for Class Certification [DE #110 ] 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 114 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Motion for Reconsideration #110 , 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
October 26, 2020 Opinion or Order Filing 113 REPLY in Support of NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 #110 filed by Defendant XPO Logistics Port Services, LLC. (Voelz, Scott)
October 19, 2020 Opinion or Order Filing 112 OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 #110 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proof of Service)(Zeccola, Frank)
September 29, 2020 Opinion or Order Filing 111 NOTICE OF LODGING filed / Notice of Lodging of [Proposed] Order re NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 #110 (Attachments: #1 Proposed Order)(Voelz, Scott)
September 29, 2020 Opinion or Order Filing 110 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #101 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. 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 J. 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 23, 2020 Opinion or Order Filing 109 (IN CHAMBERS) Order Re: Stipulation to Request Status Conference [DE #99 ] 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 23, 2020 Opinion or Order Filing 108 SEALED REPLY RE Reply (Motion related), #107 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #100 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Zeccola, Frank)
September 23, 2020 Opinion or Order Filing 107 REPLY In Support Of APPLICATION to file document Portions of Plaintiffs' Reply and Exhibits In Support Of Plaintiffs' Motion for Class Certification under seal #88 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Zeccola, Frank)
September 23, 2020 Opinion or Order Filing 106 SEALED DOCUMENT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION re Motion Related Document,, #105 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #100 , Minutes of In Chambers Order/Directive - no proceeding held #101 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Exhibit, #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)(Zeccola, Frank)
September 23, 2020 Opinion or Order Filing 105 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION re APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal #77 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Exhibit, #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)(Zeccola, Frank)
September 21, 2020 Opinion or Order Filing 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Plaintiffs' Renewed Motion for Class Certification #102 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Objection/Opposition (Motion related) - under Category - Responses, Replies and Other Motion Related Documents. (2) Miscellaneous Document event utilized in docketing this filing. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. 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)
September 18, 2020 Opinion or Order Filing 103 SEALED DOCUMENT Declarations re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #100 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit L, #9 Exhibit M, #10 Exhibit O, #11 Exhibit P, #12 Exhibit R, #13 Exhibit S, #14 Exhibit V, #15 Exhibit W, #16 Exhibit X, #17 Exhibit Y, #18 Declaration of Hector Carranza, #19 Declaration of Carlos Cota, #20 Declaration of Jose Moran)(Voelz, Scott)
September 18, 2020 Opinion or Order Filing 102 OPPOSITION filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc. re: Motion Related Document,,, #75 (Voelz, Scott)
September 16, 2020 Opinion or Order Filing 101 MINUTE ORDER (IN CHAMBERS) Order Re: Plaintiffs' Motion to Certify Class [DE 75] by Judge R. Gary Klausner. For the foregoing reasons, the Court GRANTS in Part Plaintiffs' Motion #75 . See minute order for details. (lom)
September 16, 2020 Opinion or Order Filing 100 MINUTES (IN CHAMBERS) Order Re: Application to File Documents in Support of Plaintiff's Motion for Class Certification Under Seal [DE 69]; Application to File Documents in Support of Plaintiff's Motion for Class Certification Under Seal [DE 77]; Application to File Documents in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification Under Seal [DE 83]; Application to File Documents in Support of Plaintiffs' Reply in Support of Class Certification Under Seal [DE 88] by Judge R. Gary Klausner. The Court hereby GRANTS in Part the Applications as follows: The patties' applications at docket entries #77 , #83 , and #88 are GRANTED with the following exceptions: Plaintiff's application to seal their memorandum of points and authorities in support class certification (ECF No. #69 -3) is Denied without prejudice as follows: The parties may seal the names of specific programs or applications used in the conduct of Defendants' business operations. However, the statements related to hiring and disciplinary requirements will not be sealed, as they bear directly on the questions of employment status at issue in this litigation. For the same reason, the number of class members will not be sealed, as it bears directly on the numerosity requirement for class certification. Defendant's application to seal their memorandum of points and authorities in opposition to Plaintiff's motion for class certification (ECF No. #83 -3) is Denied without prejudice as follows: Defendants have not demonstrated sufficient good cause to seal the material on which their motion directly relies for its argument against class certification, either from their Safety Matters Guide, the ICOC, or elsewhere. While compelling reasons may exist to seal aggregated information about Defendants' business operations that could provide an unfair advantage to Defendants' competitors if disclosed, this does not extend to the isolated excerpts of Defendants' policies that Defendant relies upon for its arguments regarding Plaintiffs' status as independent contractors. Plaintiff's application to seal their memorandum of points and authorities in support of their reply brief (ECF No. #88 -3) is DENIED for the same reasons set forth above. The previously filed application to seal at docket entry #69 is DENIED as moot. Any renewed applications shall be filed within seven days of the issuance of this order. (lom)
September 11, 2020 Opinion or Order Filing 99 Joint STIPULATION for Relief from (Joint Stipulation to Request Status Conference Regarding Trial Date and Additional Pretrial Deadlines) filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Voelz, Scott)
August 17, 2020 Opinion or Order Filing 98 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)
July 7, 2020 Opinion or Order Filing 97 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Certify Class #75 , calendared for hearing on July 13, 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
July 2, 2020 Opinion or Order Filing 96 PROOF OF SERVICE filed by Defendant XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc., re Sealed Declaration in SupportDeclaration, #95 served on July 2, 2020. (Kyriacou, Christianna)
July 2, 2020 Opinion or Order Filing 95 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiffs' Reply and Exhibits In Support Of Plaintiffs' Motion for Class Certification under seal #88 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit A - Declaration of Hector Carranza)(Kyriacou, Christianna)
July 1, 2020 Opinion or Order Filing 94 ORDER GRANTING Application for Leave to Refile Reply One Day Late #91 by Judge R. Gary Klausner. Plaintiffs shall refile the corrected version of the Reply. (jp)
June 30, 2020 Opinion or Order Filing 93 NOTICE OF LODGING filed Of Proposed Order re APPLICATION to Refile Reply One Day Late #91 (Attachments: #1 Proposed Order)(Zeccola, Frank)
June 30, 2020 Opinion or Order Filing 92 REPLY In Support Of APPLICATION to Refile Reply One Day Late #91 Refiled Reply Re Plaintiffs' Motion for Class Certification 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 Proof of Service)(Zeccola, Frank)
June 30, 2020 Opinion or Order Filing 91 APPLICATION to Refile Reply One Day Late filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Declaration, #2 Proposed Order) (Zeccola, Frank)
June 30, 2020 Opinion or Order Filing 90 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 #87 , for the following reasons: Single-spaced text. LR 11-3.6 (jp)
June 29, 2020 Opinion or Order Filing 89 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiffs' Reply and Exhibits In Support Of Plaintiffs' Motion for Class Certification under seal #88 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Proof of Service)(Zeccola, Frank)
June 29, 2020 Opinion or Order Filing 88 APPLICATION to file document Portions of Plaintiffs' Reply and Exhibits In Support Of Plaintiffs' Motion for Class Certification under seal filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Redacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Redacted Document, #10 Proof of Service)(Zeccola, Frank)
June 29, 2020 Opinion or Order Filing 87 [DOCUMENT STRICKEN PER ORDER DATED ON 6/30/2020, SEE DOCKET ENTRY NO. #90 ] - REPLY In Support Of NOTICE OF MOTION AND MOTION to Certify Class #42 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 Proof of Service)(Zeccola, Frank). Modified on 6/30/2020 (jp).
June 22, 2020 Opinion or Order Filing 86 OPPOSITION / Defendant XPO Logistics Port Services, LLC's Opposition to Plaintiffs' Renewed Motion for Class Certification #75 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Declaration of Scott Voelz, #2 Exhibit A - Mejia Contract, #3 Exhibit B - Maleski Deposition, #4 Exhibit C - E. Flores Depositon, #5 Exhibit D - Safety Matters Guide, #6 Exhibit E - Acosta 8-26-19 Deposition, #7 Exhibit F - Acosta 11-20-19 Deposition, #8 Exhibit G - Duarte Deposition, #9 Exhibit H - Villatoro Deposition, #10 Exhibit I - Daniels Deposition, #11 Exhibit J - Mejia Deposition, #12 Exhibit K - First Trauner Deposition, #13 Exhibit L - Carranza Deposition, #14 Exhibit M - Hernandez Deposition, #15 Exhibit N - Singh Deposition, #16 Exhibit O - Sabory Deposition, #17 Exhibit P - Second Maleski Deposition, #18 Exhibit Q - F. Flores Deposition, #19 Exhibit R - Guy Deposition, #20 Exhibit S - Second Trauner Deposition, #21 Exhibit T - Acosta RFA Responses, #22 Exhibit U - Luciano RFA Responses, #23 Exhibit V - Duarte Interrogatory Responses, #24 Exhibit W - Letter from A. Larro, #25 Exhibit X - Putative Class List, #26 Exhibit Y - Third Maleski Deposition, #27 Exhibit Z - Letter from H. De Haro, #28 Declaration of Hector Carranza, #29 Declaration of Carlos Cota, #30 Declaration of Jose Moran, #31 Notice of Lodging Proposed Order, #32 Proposed Order Denying Plaintiffs' Renewed Motion, #33 Proof of Service)(Voelz, Scott)
June 22, 2020 Opinion or Order Filing 85 PROOF OF SERVICE filed by Defendant XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc., re APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents Under Seal under seal #83 , Sealed Declaration in SupportDeclaration,,,,, #84 served on June 22, 2020. (Voelz, Scott)
June 22, 2020 Opinion or Order Filing 84 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents Under Seal under seal #83 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit A - Carranza Sealing Declaration, #2 Opposition to Plaintiffs' Renewed Motion for Class Certification, #3 Declaration of Scott Voelz, #4 Exhibit A - Mejia Contract, #5 Exhibit B - Maleski Deposition, #6 Exhibit D - Safety Matters Guide, #7 Exhibit G - Duarte Deposition, #8 Exhibit H - Villatoro Deposition, #9 Exhibit I - Daniels Deposition, #10 Exhibit J - Mejia Deposition, #11 Exhibit L - Carranza Deposition, #12 Exhibit M - Hernandez Deposition, #13 Exhibit O - Sabory Deposition, #14 Exhibit P - Second Maleski Deposition, #15 Exhibit R - Guy Deposition, #16 Exhibit S - Second Trauner Deposition, #17 Exhibit V - Duarte Interrogatory Responses, #18 Exhibit W - Letter from A. Larro, #19 Exhibit X - Putative Class List, #20 Exhibit Y - Third Maleski Deposition, #21 Declaration of Hector Carranza, #22 Declaration of Carlos Cota, #23 Declaration of Jose Moran)(Voelz, Scott)
June 22, 2020 Opinion or Order Filing 83 APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents Under Seal under seal filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Notice of Lodging of Proposed Order, #2 Proposed Order Granting Sealing Application, #3 Opposition to Plaintiffs' Renewed Motion for Class Certification, #4 Declaration of Scott Voelz, #5 Exhibit B - Maleski Deposition, #6 Exhibit G - Duarte Deposition, #7 Exhibit H - Villatoro Deposition, #8 Exhibit I - Daniels Deposition, #9 Exhibit J - Mejia Deposition, #10 Exhibit L - Carranza Deposition, #11 Exhibit M - Hernandez Deposition, #12 Exhibit O - Sabory Deposition, #13 Exhibit P - Second Maleski Deposition, #14 Exhibit R - Guy Deposition, #15 Exhibit S - Second Trauner Deposition, #16 Exhibit V - Duarte Interrogatory Responses, #17 Exhibit W - Letter from A. Larro, #18 Exhibit Y - Third Maleski Deposition, #19 Declaration of Hector Carranza, #20 Declaration of Carlos Cota, #21 Declaration of Jose Moran)(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, LLC(pty:dft))(Voelz, Scott)
June 15, 2020 Opinion or Order Filing 82 RESPONSE filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,, #81 (Voelz, Scott)
June 11, 2020 Opinion or Order Filing 81 (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 5, 2020 Opinion or Order Filing 80 PROOF OF SERVICE filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc., re Sealed Declaration in SupportDeclaration, #79 served on 06-05-2020. (Kyriacou, Christianna)
June 5, 2020 Opinion or Order Filing 79 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal #77 filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc.. (Attachments: #1 Exhibit A)(Kyriacou, Christianna)
June 3, 2020 Opinion or Order Filing 78 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal #77 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document, #10 Unredacted Document, #11 Unredacted Document, #12 Unredacted Document, #13 Unredacted Document, #14 Unredacted Document, #15 Unredacted Document, #16 Unredacted Document, #17 Unredacted Document)(Zeccola, Frank)
June 3, 2020 Opinion or Order Filing 77 APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #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)(Zeccola, Frank)
June 3, 2020 Opinion or Order Filing 76 NOTICE OF LODGING filed re Motion Related Document,,, #75 (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
June 3, 2020 Opinion or Order Filing 75 MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class #42 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Memorandum, #2 Declaration, #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 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Declaration, #31 Declaration, #32 Declaration, #33 Declaration, #34 Declaration, #35 Declaration, #36 Proof of Service)(Zeccola, Frank)
June 3, 2020 Opinion or Order Filing 74 ORDER GRANTING Joint Stipulation Requesting Extension of Time Regarding Arrellano/Villatoro Class Certification Hearing Date and Briefing Schedule #71 by Judge R. Gary Klausner that the deadline for Defendants' opposition to the Arrellano and Villatoro Plaintiffs' Renewed Motion for Class Certification (Arrellano Dkt. #67 ) is extended from 6/8/2020 to 6/22/2020, and the following briefing schedule is adopted: Opening Motion: 5/29/2020. Opposition: 6/22/2020. Reply: 6/29/2020. Hearing Date: 7/13/2020 at 9:00 AM. (jp)
June 2, 2020 Opinion or Order Filing 73 PROOF OF SERVICE filed by Defendants XPO Intermodal Services, LLC, XPO Intermodal Solutions, Inc., XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Logistics, LLC, XPO Port Services, Inc., re Sealed Declaration in SupportDeclaration,,, #72 served on June 2, 2020,. (Kyriacou, Christianna)
June 2, 2020 Opinion or Order Filing 72 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal #69 filed by Defendants XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Port Services, Inc., XPO Intermodal Solutions, Inc., XPO Intermodal Services, LLC, XPO Logistics, LLC. (Attachments: #1 Exhibit A)(Attorney Christianna Kyriacou added to party XPO Logistics Port Services, LLC(pty:dft), Attorney Christianna Kyriacou added to party XPO Logistics, Inc.(pty:dft), Attorney Christianna Kyriacou added to party XPO Port Services, Inc.(pty:dft), Attorney Christianna Kyriacou added to party XPO Intermodal Solutions, Inc.(pty:dft), Attorney Christianna Kyriacou added to party XPO Intermodal Services, LLC(pty:dft), Attorney Christianna Kyriacou added to party XPO Logistics, LLC(pty:dft))(Kyriacou, Christianna)
June 1, 2020 Opinion or Order Filing 71 Joint STIPULATION for Extension of Time to File /Extension of Time Re: Arrellano/Villatoro Class Certification Hearing Date and Briefing Schedule filed by Defendant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc., XPO Port Services, Inc.. (Attachments: #1 Proposed Order)(Attorney Scott M Voelz added to party XPO Port Services, Inc.(pty:dft))(Voelz, Scott)
May 29, 2020 Opinion or Order Filing 70 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal #69 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Exhibit, #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)(Zeccola, Frank)
May 29, 2020 Opinion or Order Filing 69 APPLICATION to file document Portions of Motion for Class Certification and Exhibits under seal filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #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)(Zeccola, Frank)
May 29, 2020 Opinion or Order Filing 68 NOTICE OF LODGING filed re Motion Related Document,,, #67 (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
May 29, 2020 Opinion or Order Filing 67 MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class #42 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Memorandum, #2 Declaration, #3 Notice of Lodgment, #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 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Declaration, #31 Declaration, #32 Declaration, #33 Declaration, #34 Declaration, #35 Declaration, #36 Proof of Service)(Zeccola, Frank)
May 26, 2020 Opinion or Order Filing 66 ORDER Re Stipulation to Dismiss Defendant XPO Logistics, Cartage, LLC from Case Number 2:18-cv-08220-RGK-E 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)
April 24, 2020 Opinion or Order Filing 65 STATUS REPORT (Joint) filed by Counter Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Port Services, LLC, XPO Logistics, Inc.. (Voelz, Scott)
April 17, 2020 Opinion or Order Filing 64 (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 2, 2020 Opinion or Order Filing 63 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-08220 RGK (Ex). (mrgo)
April 2, 2020 Opinion or Order Filing 62 ANSWER to Answer to Complaint (Discovery),, Counterclaim, #54 , ANSWER to Answer to Complaint (Discovery),, Counterclaim, #54 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proof of Service)(Zeccola, Frank)
March 23, 2020 Opinion or Order Filing 61 ORDER RE STIPULATION ON EXTENSION OF CLASS CERTIFICATION DEADLINES IN LIGHT OF SHELTER-IN-PLACE ORDER ISSUED BY THE CITY AND COUNTY OF LOS ANGELES 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 60 ORDER RE STIPULATION ON EXTENSION OF CLASS CERTIFICATION DEADLINES IN LIGHT OF SHELTER-IN-PLACE ORDER ISSUED BY THE CITY AND THE CITY AND COUNTY OF LOS ANGELES 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)
February 21, 2020 Opinion or Order Filing 59 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 6, 2020 Opinion or Order Filing 58 MINUTE ORDER (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' MEAL AND REST BREAK CLAIMS OR, IN THE ALTERNATIVE, FOR A STAY OF THE CASE [ECF No. 76] by Judge S. James Otero: For the foregoing reasons, the Court DENIES WITHOUT PREJUDICE Defendants' Motion. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS) (yl)
January 31, 2020 Opinion or Order Filing 57 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court denies as moot ECF Nos. #14 and #43 in light of ECF No. #52 . (lc)
January 10, 2020 Opinion or Order Filing 56 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 7, 2020 Opinion or Order Filing 55 ORDER GRANTING STIPULATION REGARDING DEFENDANTS FILING OF RESPONSIVE PLEADING AFTER RESOLUTION OF MOTION TO DISMISS PLAINTIFFS MEAL AND REST BREAK CLAIMS by Judge S. James Otero: Defendants Motion to Dismiss the Alvarez Plaintiffs' Meal and Rest Break Claims or, in the Alternative, for a Stay of 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 Edgardo Villatoro, 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 7, 2020 Opinion or Order Filing 54 ANSWER to Amended Complaint/Petition #53 with Jury Demand, COUNTERCLAIM against Reynaldo Gomez Acosta, Feliz Nunez Duarte, Servando Avila Luciano filed by Defendants and Counter Claimant XPO Logistics Cartage, LLC, XPO Logistics, Inc., XPO Logistics Port Services, LLC.(Voelz, Scott)
December 10, 2019 Opinion or Order Filing 53 Fourth AMENDED COMPLAINT against Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc. amending Complaint - (Discovery),, filed by Arrellano Plaintiffs Victor Cortes Arrellano(Dias, Luiza)
December 9, 2019 Opinion or Order Filing 52 ORDER GRANTING #51 STIPULATION REGARDING PLAINTIFFS WITHDRAWAL OF CLASS CERTIFICATION MOTION[] AND FILING OF AN AMENDED COMPLAINT by Judge S. James Otero: IT IS HEREBY ORDERED that Arrellano Plaintiffs have withdrawn their Motion for Class Certification. IT IS FURTHER ORDERED that Arrellano Plaintiffs may file their Fourth Amended Complaint, in the form attached to the Stipulation as Exhibit A, by December 10, 2019 and that Defendants may file their responsive pleading to Arrellano Plaintiffs Fourth Amended Complaint by January 7, 2020.IT IS FURTHER ORDERED that the Parties, including Alvarez Plaintiffs and Arrellano Plaintiffs, shall file joint proposed Class Certification briefing schedules by January 7, 2020. (lc)
December 4, 2019 Opinion or Order Filing 51 Joint STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION to Certify Class #42 / Stipulation Regarding Plaintiffs' Withdrawal of Class Certification Motion and Filing of an Amended Complaint filed by Defendant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. (Attachments: #1 Proposed Order)(Voelz, Scott)
November 20, 2019 Opinion or Order Filing 50 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Class Certification and Notice of Lodgment under seal #43 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Proof of Service)(Zeccola, Frank)
November 18, 2019 Opinion or Order Filing 49 MINUTE ORDER IN CHAMBERS by Judge S. James Otero:Order DENYING [ docket 173 (CV18-3736)] and instead ORDERING DKT. 43 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 12, 2019 Opinion or Order Filing 48 ORDER GRANTING DEFENDANTS UNOPPOSED APPLICATION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL by Judge S. James Otero, (lc)
November 11, 2019 Opinion or Order Filing 47 PROOF OF SERVICE filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc., re Sealed Declaration in SupportDeclaration, #46 served on November 11, 2019. (Voelz, Scott)
November 11, 2019 Opinion or Order Filing 46 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Class Certification and Notice of Lodgment under seal #43 filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc..(Voelz, Scott)
November 7, 2019 Opinion or Order Filing 45 ORDER GRANTING PLAINTIFFS' RELIEF FROM STANDING ORDER'S 4:00 P.M. E-FILING CUTOFF FOR DECLARATION OF PATRICIA A. SHACKELFORD IN SUPPORT OF SEALING CERTAIN DEPOSITION TESTIMONY AND EXHIBITS 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 44 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Class Certification and Notice of Lodgment under seal #43 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Proof of Service)(Zeccola, Frank)
November 7, 2019 Opinion or Order Filing 43 SEALED DOCUMENT- APPLICATION to file document Motion for Class Certification and Notice of Lodgment under seal filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Redacted Document, #10 Redacted Document, #11 Redacted Document, #12 Redacted Document, #13 Redacted Document, #14 Redacted Document, #15 Redacted Document, #16 Redacted Document, #17 Redacted Document, #18 Redacted Document, #19 Redacted Document, #20 Proof of Service)(Zeccola, Frank). (SEALED PER 11/18/19 MINUTES, DOCKET NO. 49} Modified on 11/18/2019 (lc).
November 5, 2019 Opinion or Order Filing 42 NOTICE OF MOTION AND MOTION to Certify Class filed by Arrellano Plaintiffs Victor Cortes Arrellano. Motion set for hearing on 2/3/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Notice of Lodgment Part 1 of 4, #7 Notice of Lodgment Part 2 of 4, #8 Notice of Lodgment Part 3 of 4, #9 Notice of Lodgment Part 4 of 4, #10 Proposed Order, #11 Proof of Service) (Attorney Luiza Vannucci Dias added to party Victor Cortes Arrellano(pty:pla)) (Dias, Luiza)
November 1, 2019 Opinion or Order Filing 41 ORDER TO SET CLASS CERTIFICATION BRIEFING SCHEDULE FOR THE ARRELLANO PLAINTIFFS by Judge S. James Otero. THE COURT ORDERS AS FOLLOWS: The Arrellano Plaintiffs shall file their motion for class certification by October 25, 2019; Defendants shall file their opposition by December 13, 2019; the Arrellano Plaintiffs shall file their reply by December 31, 2019; and a hearing shall be set for February 3, 2020 at 10:00 a.m., or by another date convenient for the Court. (lom)
November 1, 2019 Opinion or Order Filing 40 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 by Judge S. James Otero. IT IS HEREBY ORDERED that Plaintiff's 25 page Memorandum of Points and Authorities in support of their Motion will be accepted (See Order for further details) (yl)
October 17, 2019 Opinion or Order Filing 39 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 11, 2019 Opinion or Order Filing 38 MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER DENYING PLAINTIFFS'/COUNTERDEFENDANTS' MOTION TO DISMISS FIRST AMENDED COUNTERCLAIMS OF XPO LOGISTICS CARTAGE, LLC. (lc)
September 5, 2019 Opinion or Order Filing 37 ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR COUNTERCLAIMANT TORESPOND TO COUNTERDEFENDANTS MOTION TO DISMISS 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. (lc)
September 4, 2019 Opinion or Order Filing 36 ORDER GRANTING PLAINTIFFS RELIEF FROM STANDING ORDERS 4:00 P.M. EFILING CUTOFF FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Judge S. James Otero: Plaintiffs Motion for Class Certification [Docket no. 127], is deemed timely filed on September 3, 2019. (lc)
April 15, 2019 Opinion or Order Filing 35 ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Scott M. Voelz in place of attorney Mary C. Dollarhide, Betsey A. Boutelle, Taylor Wemmer for Defendants and Counter-Claimant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc. #34 by Judge S. James Otero (lc)
April 15, 2019 Opinion or Order Filing 34 REQUEST TO SUBSTITUTE ATTORNEY Scott M. Voelz in place of attorney Mary C. Dollarhide, Betsey A. Boutelle, Taylor Wemmer filed by Defendants and Counter-Claimant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. (Attachments: #1 Proposed Order) (Dollarhide, Mary)
February 12, 2019 Opinion or Order Filing 33 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/14/19 9:08 a.m. re Transcript #32 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY
February 12, 2019 Opinion or Order Filing 32 TRANSCRIPT for proceedings held on 1/14/19 9:08 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 3/5/2019. Redacted Transcript Deadline set for 3/15/2019. Release of Transcript Restriction set for 5/13/2019. (Zurborg, Carol)
February 5, 2019 Opinion or Order Filing 31 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court deems moot the Motion to Consolidate Cases, as to 2:18-cv-03736 SJO (Ex); 2:18-cv-06175 SJO (Ex); 2:18-cv-09144 SJO (Ex), filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc. because the Court orally ordered all cases consolidated at 1/14/19 hearing. (lc)
January 14, 2019 Opinion or Order Filing 30 MINUTES OF Scheduling Conference held before Judge S. James Otero.Court and counsel confer regarding related cases. Defendant seek to have this matterconsolidated with the other related cases. The Court Orders this case, CV 18-08220 SJO (Ex) Victor Cortes Arrellano et al v. XPO Logistics Port Services, LLC, et al., shall be consolidated with cases CV 18-03736 SJO (Ex) Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et al, case CV 18-06175 SJO (Ex) Jairo Moreno Martinez et al v. XPO Logistics, Inc. et al and case CV 18-09144 SJO (Ex) Edgar Mendoza v. XPO Logistics Cartage, LLC et al., for all further proceedings. The lower numbered case, CV 18-03736 SJO (Ex) Angel Omar Alvarez et al v. XPO Logistics Cartage, LLC et 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. The Court imposes the same scheduling order previously issued in the related actions. The Court vacates the presently scheduled deposition dates. The Court Orders all parties to meet and confer by February 14, 2019, then propose a new schedule. The trial date remains. Court Reporter: Carol Zurborg. (lc)
January 11, 2019 Opinion or Order Filing 29 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:18-cv-03736 SJO (Ex); 2:18-cv-06175 SJO (Ex); 2:18-cv-09144 SJO (Ex), filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. Motion set for hearing on 2/11/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Kathryn Riley Grasso, #3 Declaration of Mary C. Dollarhide, #4 Exhibit A through E to Declaration of Mary C. Dollarhide, #5 Proposed Order) (Dollarhide, Mary)
January 9, 2019 Opinion or Order Filing 28 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PLAINTIFFS' MOTION TO REMAND #18 . (lc)
December 17, 2018 Opinion or Order Filing 27 JOINT REPORT Rule 26(f) Discovery Plan Joint report ; estimated length of trial 15 days, filed by Plaintiff Reynaldo Gomez Acosta.. (Gomez, Alvin)
November 27, 2018 Opinion or Order Filing 26 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motions suitable for disposition without oral argument and vacates the hearing on MOTION to Strike Answer/Affirmative Defenses Notice of Removal filed by Plaintiff Victor Cortes Arrellano. [ECF #14] and the MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Victor Cortes Arrellano. [ECF #18], set for December 3, 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
November 12, 2018 Opinion or Order Filing 25 REPLY Amended NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 , Second NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Declaration, #2 Proof of Service)(Zeccola, Frank)
November 12, 2018 Opinion or Order Filing 24 REPLY NOTICE OF MOTION AND MOTION to Strike Answer/Affirmative Defenses Notice of Removal (Attorney Civil Case Opening),,,, #1 #14 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Declaration, #2 Proof of Service)(Zeccola, Frank)
November 5, 2018 Opinion or Order Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Answer/Affirmative Defenses Notice of Removal (Attorney Civil Case Opening),,,, #1 #14 filed by Counter Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. (Attachments: #1 Declaration of Mary C. Dollarhide, #2 Exhibit 1)(Dollarhide, Mary)
November 5, 2018 Opinion or Order Filing 22 OPPOSITION to Second NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 filed by Counter Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. (Attachments: #1 Declaration, #2 Exhibit Exh 1, Part 1, #3 Exhibit Exh 1, Part 2, #4 Exhibit Exh 1, Part 3, #5 Exhibit Exh 2, Part 1, #6 Exhibit Exh 2, Part 2, #7 Exhibit Exh 2, Part 3, #8 Exhibit Exh 3, Part 1, #9 Exhibit Exh 3, Part 2, #10 Exhibit Exh 3, Part 3, #11 Exhibit Exh 4)(Dollarhide, Mary)
November 1, 2018 Opinion or Order Filing 21 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING AS MOOT PLAINTIFF'S INITIAL MOTION TO REMAND CASE #13 . Plaintiff filed a Second Amended Motion to Remand the Case to Los Angeles Superior Court on October 12, 2018. The Second Amended Motion is the operative Motion #18 . As such, Plaintiff's initial Motion is denied as moot. (lc)
October 29, 2018 Opinion or Order Filing 20 ORDER REGARDING JOINT STIPULATION TO CONTINUE ALL HEARINGS REGARDING ALLOUTSTANDING MOTIONS TO DECEMBER 3, 2018 #19 by Judge S. James Otero : The hearings regarding Plaintiffs Motion to Remand, Motion to Strike, andMotion to Dismiss are continued until December 3, 2018, so that they may be heard in front of Judge Otero on the same day. Oppositions to all Motions will be due on November 05, 2018, and Reply briefs will be due on November 12, 2018. (lc)
October 29, 2018 Opinion or Order Filing 19 Joint STIPULATION for Hearing re Amended NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 , NOTICE OF MOTION AND MOTION to Strike Answer/Affirmative Defenses Notice of Removal (Attorney Civil Case Opening),,,, #1 #14 , Second NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Proposed Order, #2 Proof of Service)(Zeccola, Frank)
October 12, 2018 Opinion or Order Filing 18 Second NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Victor Cortes Arrellano. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service) (Zeccola, Frank)
October 12, 2018 Opinion or Order Filing 17 ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 12/17/2018. Scheduling Conference set for 1/14/2019 at 08:30 AM before Judge S. James Otero. (vcr)
October 12, 2018 Opinion or Order Filing 16 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
October 10, 2018 Opinion or Order Filing 15 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:18-cv-03736 SJO(Ex). Case transferred from Magistrate Judge Maria A. Audero and Judge Fernando M. Olguin to Judge S. James Otero and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08220 SJO(Ex). Signed by Judge S. James Otero (rn)
October 10, 2018 Opinion or Order Filing 14 NOTICE OF MOTION AND MOTION to Strike Answer/Affirmative Defenses Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Plaintiff Victor Cortes Arrellano. Motion set for hearing on 11/8/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order, #2 Proof of Service) (Zeccola, Frank)
October 10, 2018 Opinion or Order Filing 13 Amended NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Victor Cortes Arrellano. Motion set for hearing on 11/8/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order, #2 Proof of Service) (Zeccola, Frank)
October 9, 2018 Opinion or Order Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Victor Cortes Arrellano. Motion set for hearing on 11/13/2018 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Proposed Order, #2 Proof of Service) (Zeccola, Frank)
October 2, 2018 Opinion or Order Filing 11 NOTICE of Related Case(s) filed by Defendant XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc.. Related Case(s): 2:18-cv-03736-SJO-E, 2:18-cv-06175-SJO-E (Dollarhide, Mary)
September 28, 2018 Opinion or Order Filing 10 NOTICE of Change of firm name and address by Frank J Zeccola attorney for Plaintiff Victor Cortes Arrellano. Changing firm name to Gomez Law Group and address to 2725 Jefferson Street, Suite 7, Carlsbad, CA 92008. Filed by Plaintiff Victor Cortes Arrellano. (Attachments: #1 Change of Business Contact Info, #2 Proof of Service)(Zeccola, Frank)
September 26, 2018 Opinion or Order Filing 9 NOTICE OF SERVICE filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc., Certificate of Compliance by Defendants XPO Logistics Cartage, LLC and XPO Logistics, Inc. served on September 24, 2018. (Dollarhide, Mary)
September 25, 2018 Opinion or Order Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
September 25, 2018 Opinion or Order Filing 7 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Maria A. Audero. (lh)
September 21, 2018 Opinion or Order NON-CONFORMED COPY OF ANSWER to First Amended Complaint, filed by Defendant XPO Logistics Port Services, LLC. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order NON-CONFORMED COPY OF FIRST AMENDED CLASS ACTION COMPLAINT against Defendants XPO Logistics Port Services, LLC, Does 1 through 50 amending Complaint - (Discovery),, filed by Plaintiffs Julio Garcia, Fidel Gonzalez [SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF ANSWER to Class Action Complaint, filed by Defendant XPO Logistics Port Services, LLC. [FILED IN STATE COURT ON 6/19/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants XPO Logistics Port Services, LLC., Does 1 through 50. Jury Demanded, filed by Plaintiff Victor Cortes Arrellano. #1 [FILED IN STATE COURT ON 3/28/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 2 and having discovered the true name of the defendant to be XPO Logistics Cartage, LLC, filed by Plaintiffs Julio Garcia, Fidel Gonzalez, Reynaldo Gomez Acosta, Victor Cortes Arrellano, Servando Avila Luciano. [FILED IN STATE COURT ON 8/07/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order NON-CONFORMED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be XPO Logistics Port Services, LLC, filed by Plaintiffs Julio Garcia, Fidel Gonzalez, Reynaldo Gomez Acosta, Victor Cortes Arrellano, Servando Avila Luciano. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF ANSWER to Second Amended Class Action Complaint, filed by Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC, XPO Logistics, Inc. [FILED IN STATE COURT ON 9/20/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF SECOND AMENDED CLASS ACTION COMPLAINT against Defendants XPO Logistics Port Services, LLC, Does 1 through 50; Party Julio Garcia and Fidel Gonzalez terminated amending Notice of Removal (Attorney Civil Case Opening), #1 , filed by Plaintiffs Reynaldo Gomez Acosta, Victor Cortes Arrellano, Servando Avila Luciano. [FILED IN STATE COURT ON 8/14/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh)
September 21, 2018 Opinion or Order CONFORMED FILED COPY OF COUNTERCLAIM FILED AS CROSS-COMPLAINT at state Court against Counter Defendants Reynaldo Gomez Acosta, Servando Avila Luciano, filed by Defendant and Cross-Complainant XPO Logistics Cartage, LLC. [FILED IN STATE COURT ON 9/20/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh)
September 21, 2018 Opinion or Order CONFORMED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 2 and having discovered the true name of the defendant to be XPO Logistics, Inc., filed by Plaintiffs Julio Garcia, Fidel Gonzalez, Reynaldo Gomez Acosta, Victor Cortes Arrellano, Servando Avila Luciano. [FILED IN STATE COURT ON 8/07/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh)
September 21, 2018 Opinion or Order Filing 6 Request for Judicial Notice in Support of Notice of Removal of Civil Action to Federal Court by Defendants XPO Logistics Cartage, LLC and XPO Logistics, Inc. filed by Cross Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc. re: Notice of Removal (Attorney Civil Case Opening),,,, #1 (Attachments: #1 Exhibit A - DLSE Order in Gaitan)(Dollarhide, Mary)
September 21, 2018 Opinion or Order Filing 5 DECLARATION of Riina Tohvert re Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Cross Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc.. (Dollarhide, Mary)
September 21, 2018 Opinion or Order Filing 4 DECLARATION of Mary Dollarhide re Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Cross Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc.. (Dollarhide, Mary)
September 21, 2018 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Cross Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc. identifying None as Corporate Parent. (Dollarhide, Mary)
September 21, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Cross Claimant XPO Logistics Cartage, LLC, Defendants XPO Logistics Cartage, LLC, XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc., XPO Logistics, Inc.. (Dollarhide, Mary)
September 21, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC655393 with filing fee previously paid ($400.00 paid on 09/21/2018, receipt number 097322466062), filed by Defendant XPO Logistics Cartage, LLC, XPO Logistics, Inc., XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Answer to 2nd Amended Complaint, #3 Exhibit C, Part 1 - Cross-Complaint, #4 Exhibit C, Part 2 - Cross-Complaint, #5 Exhibit C, Part 3 - Cross-Complaint, #6 Exhibit D - Complaint; FAC; Answers to Complaint, FAC, #7 Exhibit E - Doe Amendment, #8 Exhibit F - Sup. Ct. docs served on XPO Logistics Cartage, LLC, #9 Exhibit G - Sup. Ct. docs served on XPO Logistics, Inc.) (Attorney Mary C Dollarhide added to party XPO Logistics Cartage, LLC(pty:crc), Attorney Mary C Dollarhide added to party XPO Logistics Cartage, LLC(pty:dft), Attorney Mary C Dollarhide added to party XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.(pty:dft), Attorney Mary C Dollarhide added to party XPO Logistics, Inc.(pty:dft))(Dollarhide, Mary)

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Search for this case: Victor Cortes Arrellano et al v. XPO Logistics Port Services, LLC, et al.,
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Defendant: XPO Logistics Cartage, LLC
Represented By: Mary C Dollarhide
Represented By: Betsey Annette Boutelle
Represented By: Andrew Jonathan Weisberg
Represented By: Scott M Voelz
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Defendant: XPO Logistics, Inc.
Represented By: Mary C Dollarhide
Represented By: Betsey Annette Boutelle
Represented By: Andrew Jonathan Weisberg
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: Does 1 through 50, inclusive
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Defendant: XPO Logistics Port Services, LLC f/k/a/ XPO Port Services, Inc.
Represented By: Mary C Dollarhide
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Defendant: XPO Logistics Port Services, LLC
Represented By: Mary C Dollarhide
Represented By: Betsey Annette Boutelle
Represented By: Andrew Jonathan Weisberg
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: Does 4 through 50, inclusive
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Defendant: Doe
Represented By: Mary C Dollarhide
Represented By: Betsey Annette Boutelle
Represented By: Andrew Jonathan Weisberg
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: XPO Port Services, Inc.
Represented By: Andrew Jonathan Weisberg
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: XPO Intermodal Services, LLC
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: XPO Intermodal Solutions, Inc.
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Defendant: XPO Logistics, LLC
Represented By: Scott M Voelz
Represented By: Sophia Noel Tarazi
Represented By: Christianna Kyriacou
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Plaintiff: Victor Cortes Arrellano
Represented By: Frank J Zeccola
Represented By: Stephen Noel Ilg
Represented By: Alvin M Gomez
Represented By: Luiza Vannucci Dias
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Plaintiff: Servando Avila Luciano
Represented By: Frank J Zeccola
Represented By: Stephen Noel Ilg
Represented By: Alvin M Gomez
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Plaintiff: Julio Garcia
Represented By: Stephen Noel Ilg
Represented By: Alvin M Gomez
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Plaintiff: Reynaldo Gomez Acosta
Represented By: Frank J Zeccola
Represented By: Stephen Noel Ilg
Represented By: Alvin M Gomez
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Plaintiff: Fidel Gonzalez
Represented By: Stephen Noel Ilg
Represented By: Alvin M Gomez
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Plaintiff: Feliz Nunez Duarte
Represented By: Frank J Zeccola
Represented By: Alvin M Gomez
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Consolidated plaintiff: Gerald Daniels
Represented By: Hector Alfredo De Haro
Represented By: C Joe Sayas, Jr
Represented By: Karl Patrick Romero Evangelista
Represented By: Julie Gutman Dickinson
Represented By: Kiel Brunetti Ireland
Represented By: Ira Lawrence Gottlieb
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Consolidated plaintiff: Manuel De Jesus Martinez Mejia
Represented By: Hector Alfredo De Haro
Represented By: C Joe Sayas, Jr
Represented By: Karl Patrick Romero Evangelista
Represented By: Julie Gutman Dickinson
Represented By: Kiel Brunetti Ireland
Represented By: Ira Lawrence Gottlieb
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Consolidated plaintiff: Edgardo Villatoro
Represented By: Hector Alfredo De Haro
Represented By: C Joe Sayas, Jr
Represented By: Karl Patrick Romero Evangelista
Represented By: Julie Gutman Dickinson
Represented By: Kiel Brunetti Ireland
Represented By: Ira Lawrence Gottlieb
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