Randy Baten v. Michigan Logistics, Inc., et al
| Randy Baten |
| Larry Browne, DOES 1 through 50, inclusive., Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems, California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc., Western Delivery and Logistics, LLC, California Logistics, Inc., Michigan Logistics, Inc. doing business as Diligent Delivery Systems, California Logistics, Inc. doing business as Diligent Delivery Systems and Western Delivery and Logistics, LLC doing business as Diligent Delivery Systems |
| 2:2018cv10229 |
| December 10, 2018 |
| US District Court for the Central District of California |
| Michael R Wilner |
| George H Wu |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 39 OBJECTIONS to Declaration (Motion related) #37 of Randy Baten filed in Support of Plaintiff's Opposition to Motion to Compel Arbitration filed by Defendants Larry Browne, California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. (Chen, Peiyi) |
| Filing 38 REPLY In Support Of NOTICE OF MOTION AND MOTION to Compel Arbitration #28 filed by Defendants Larry Browne, California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. (Attorney Peiyi Chen added to party Larry Browne(pty:dft))(Chen, Peiyi) |
| Filing 37 DECLARATION of Randy Baten In Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #28 filed by Plaintiff Randy Baten. (Attachments: #1 Exhibit A)(Bien, Rachel) |
| Filing 36 DECLARATION of Rachel Bien In Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #28 filed by Plaintiff Randy Baten. (Attachments: #1 Exhibit A)(Bien, Rachel) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #28 filed by Plaintiff Randy Baten. (Bien, Rachel) |
| Filing 34 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Defendant Larry Browne NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #29 filed by Defendant Larry Browne. (Attachments: #1 Objections to Plaintiff's Evidence)(Groode, Steven) |
| Filing 33 DECLARATION of Rachel Bien in opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant Larry Browne NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #29 filed by Plaintiff Randy Baten. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bien, Rachel) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant Larry Browne NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #29 filed by Plaintiff Randy Baten. (Bien, Rachel) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Randy Baten, upon Defendant Larry Browne served on 1/7/2019, answer due 1/28/2019. Service of the Summons and Complaint were executed upon Larry Browne in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. Service made by registered/certified mail on out-of-state defendant pursuant to CCP 415.40 (Bien, Rachel) |
Filing 30
ORDER by Judge George H. Wu: granting #27 Non-Resident Attorney Chauniqua D. Young APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Randy Baten, designating Rachel M. Bien as local counsel. (mrgo)
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| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Defendant Larry Browne , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Larry Browne. Motion set for hearing on 2/11/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Groode, Steven) |
| Filing 28 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. Motion set for hearing on 2/21/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Groode, Steven) |
| Filing 27 APPLICATION of Non-Resident Attorney Chauniqua D. Young to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400.00 Previously Paid on 1/4/2019, Receipt No. 0973-22989297) filed by plaintiff Randy Baten. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Bien, Rachel) |
| Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Chauniqua D. Young to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22989297) #23 by Clerk of Court. Docket No. 23 is stricken for the reason stated in the Notice #25 filed on January 7, 2019. (mrgo) |
| Filing 25 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Chauniqua D. Young to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22989297) #23 . The following error(s) was/were found: Application is incomplete. Counsel failed to add City, State or Zip code. (lt) |
| Filing 23 [DOCUMENT STRICKEN PER DOC. NO. 26] APPLICATION of Non-Resident Attorney Chauniqua D. Young to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22989297) filed by Plaintiff Randy Baten. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Bien, Rachel) Modified on 1/9/2019 (mrgo). |
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Filing 24
ORDER UPON STIPULATION OF THE PARTIES TO CONTINUE SCHEDULING CONFERENCE AND SET HEARING DATES RE MOTION TO DISMISS AND MOTION TO COMPEL ARBITRATION by Judge George H. Wu, re Stipulation to Continue, #22 . IT IS HEREBY ORDERED that: (1) The scheduling conference presently set for January 24, 2019, along with the corresponding dates to confer on a discovery plan and file the Joint 26(f) Report, shall be adjourned; (see document for deadlines and hearings). (mrgo)
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| Filing 22 STIPULATION to Continue Scheduling Conference from January 24, 2019 to March 21, 2019 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings #11 filed by Defendants Larry Browne, California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. (Attachments: #1 Proposed Order)(Groode, Steven) |
| Filing 21 21 DAY Summons Issued re First Amended Complaint/Petition, #19 as to defendant Larry Browne. (mrgo) |
| Filing 20 Request for Clerk to Issue Summons on Amended Complaint/Petition, #19 filed by Plaintiff Randy Baten. (Bien, Rachel) |
| Filing 19 First AMENDED COMPLAINT against Defendants Larry Browne, California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC amending Complaint - (Discovery),, filed by Plaintiff Randy Baten (Attachments: #1 Exhibit A-Consent of Randy Baten)(Bien, Rachel) |
| Filing 18 NOTICE of Appearance filed by attorney Adam L Koshkin on behalf of Plaintiff Randy Baten (Attorney Adam L Koshkin added to party Randy Baten(pty:pla))(Koshkin, Adam) |
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Filing 17
ORDER by Judge George H. Wu: granting #15 Non-Resident Attorney Marijana F. Matura APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Randy Baten, designating Rachel Bien as local counsel. (mrgo)
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Filing 16
ORDER by Judge George H. Wu: granting #14 Non-Resident Attorney Troy L. Kessler APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Randy Baten, designating Rachel Bien as local counsel. (mrgo)
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| Filing 15 APPLICATION of Non-Resident Attorney Marijana F. Matura to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22910258) filed by Plaintiff Randy Baten. (Attachments: #1 Proposed Order) (Bien, Rachel) |
| Filing 14 APPLICATION of Non-Resident Attorney Troy L. Kessler to Appear Pro Hac Vice on behalf of Plaintiff Randy Baten (Pro Hac Vice Fee - $400.00 Previously Paid on 12/17/2018, Receipt No. 0973-22910199) filed by Plaintiff Randy Baten. (Attachments: #1 Proposed Order) (Bien, Rachel) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Defendant Larry Browne filed by Defendant Larry Browne. Motion set for hearing on 1/24/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Attorney Steven Andrew Groode added to party Larry Browne(pty:dft)) (Groode, Steven) |
| Filing 12 PROOF OF SERVICE filed by Defendants California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC, re Corporate Disclosure Statement, #5 , Notice of Related Case(s), #4 , Certificate/Notice of Interested Parties, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Civil Cover Sheet (CV-71) #2 served on December 11, 2018. (Groode, Steven) |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by 1/10/2019. Scheduling Conference set for 1/24/2019 at 08:30 AM before Judge George H. Wu.) (mrgo)
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Filing 10
Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu by Judge George H. Wu. (See document for details) (mrgo)
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Marijana Matura. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Troy L. Kessier. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Larry Browne, California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. Jury Demanded, filed by Plaintiff Randy Baten. #1 [FILED IN STATE COURT ON 11/02/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendants California Logistics, Inc., Michigan Logistics, Inc., Western Delivery and Logistics, LLC. [FILED IN STATE COURT ON 12/07/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendants California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems, Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems (Groode, Steven) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems, Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems. Related Case(s): none (Groode, Steven) |
| Filing 3 NOTICE of Interested Parties filed by Defendants California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems, Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems, identifying 1. Plaintiff Randy Baten; 2. Defendant Michigan Logistics, Inc; 3. Defendant California Logistics, Inc.; 4. Defendant Western Delivery & Logistics LLC; 5. Defendant Larry Browne. (Groode, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Defendants California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems, Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems. (Groode, Steven) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 18STCV03552 Receipt No: 0973-22865644 - Fee: $400, filed by Defendants Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems, California Logistics, Inc. d/b/a Diligent Delivery Systems, Michigan Logistics, Inc. d/b/a Diligent Delivery Systems. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Attorney Steven Andrew Groode added to party California Logistics, Inc. d/b/a Diligent Delivery Systems(pty:dft), Attorney Steven Andrew Groode added to party Michigan Logistics, Inc. d/b/a Diligent Delivery Systems(pty:dft), Attorney Steven Andrew Groode added to party Western Delivery & Logistics, LLC, d/b/a Diligent Delivery Systems(pty:dft))(Groode, Steven) |
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