Rick Parsittie v. Schneider Logistics, Inc. et al
| Connect Staffing, Inc and Does 1 through 50, inclusive |
| RICK PARSITTIE |
| CONNECT STAFFING, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc and Schneider Logistics Trans-Loading and Distribution, Inc. |
| 2:2019cv03981 |
| May 7, 2019 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alexander F MacKinnon |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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Filing 109
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND STAYING IN PART SLI'S MOTION TO COMPEL INDIVIDUAL ARBITRATION #103 by Judge Michael W. Fitzgerald. The Motion is GRANTED in part and STAYED in part. (iv)
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| Filing 108 MINUTES OF DEFENDANT'S MOTION TO COMPEL INDIVIDUAL ARBITRATION AND STAY PROCEEDINGS PENDING RULING ON MOTION AND COMPLETION OF ARBITRATION #103 held before Judge Michael W. Fitzgerald. For the reasons stated on the record,the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
| Filing 107 REPLY in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #103 filed by Defendant Schneider Logistics Inc. (Beldner, Sabrina) |
| Filing 106 OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #103 filed by Plaintiff RICK PARSITTIE. (Attachments: #1 Declaration DECLARATION OF THOMAS SEGAL IN SUPPORT OF OPPOSITION TO MOTION TO COMPEL ARBITRATION)(Grant, Farrah) |
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Filing 105
ORDER GRANTING JOINT STIPULATION SETTING BRIEFING AND HEARING SCHEDULE ON DEFENDANT SCHNEIDER LOGISTICS, INC.'S MOTION TO COMPEL INDIVIDUAL ARBITRATION AND STAY PROCEEDINGS PENDING RULING ON MOTION AND COMPLETION OF ARBITRATION #104 by Judge Michael W. Fitzgerald. The Stipulation shall be and hereby is GRANTED as follows: (1) The hearing on Defendant's Motion to Compel Individual Arbitration and Stay Proceedings Pending Ruling on Motion and Completion of Arbitration (Dkt. #103) (the "Motion") is CONTINUED from January 23, 2023 at 10:00 a.m. to February 6, 2023 at 10:00 a.m. (2) Plaintiff's deadline to file any Response in Opposition to the Motion shall be January 3, 2023, and Defendant's deadline to file any Reply in support of the Motion shall be January 17, 2023; (3) Plaintiff shall not propound any additional non-arbitration related discovery until March 1, 2023. See order for details. (lom)
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| Filing 104 STIPULATION for Order SETTING BRIEFING AND HEARING SCHEDULE ON DEFENDANT SCHNEIDER LOGISTICS, INC.S MOTION TO COMPEL INDIVIDUAL ARBITRATION AND STAY PROCEEDINGS PENDING RULING ON MOTION AND COMPLETION OF ARBITRATION filed by Defendant Schneider Logistics Inc. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 103 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Schneider Logistics Inc. Motion set for hearing on 1/23/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Ashley Carroll, #2 Declaration of Joshua Gleason, #3 Proposed Order) (Beldner, Sabrina) |
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Filing 102
ORDER RE JURY TRIAL I. ORDER RE DEADLINES II. ORDER RE TRIAL PREPARATION III. ORDER GOVERNING CONDUCT OF ATTORNEYS AND PARTIES by Judge Michael W. Fitzgerald. Amended Pleadings due by 5/9/2023. Discovery cut-off 1/26/2024. Exhibit List due by 4/22/2024. Witness List due by 4/22/2024. Motions due by 2/26/2024. Motions in Limine to be filed by 4/22/2024. Status Report due by 4/22/2024. Last date to conduct settlement conference is 3/15/2024. Final Pretrial Conference set for 5/13/2024 11:00 AM. Jury Trial set for 6/4/2024 08:30 AM. Motion set for hearing on 5/13/2024 at 11:00 AM. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 101
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than March 15, 2024. (rolm)
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Filing 100
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Joint Stipulation #99 to Continue Scheduling Conference. The Court VACATES the Scheduling Conference set for 11/28/2022 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. The Joint Stipulation is DENIED as moot. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 99 Joint STIPULATION to Continue Scheduling Conference from November 28, 2022 to December 5, 2022 filed by Defendant Schneider Logistics Inc. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 98 STATUS REPORT JOINT RULE 26(f) REPORT filed by Plaintiff RICK PARSITTIE. (Grant, Farrah) |
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Filing 97
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on the above date. If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter. Defendants also timely shall serve and file their responsive pleadings and file proofs of service within three days thereafter. Scheduling Conference set for 11/28/2022 at 11:00 AM before Judge Michael W. Fitzgerald. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 96 ANSWER to Amended Complaint/Petition, #87 Fifth Amended Complaint filed by Defendant Schneider Logistics Inc.(Beldner, Sabrina) |
| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew W Russell counsel for Defendant Schneider Logistics Inc. Adding Andrew W. Russell as counsel of record for Schneider Logistics, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Schneider Logistics, Inc.. (Attorney Andrew W Russell added to party Schneider Logistics Inc(pty:dft))(Russell, Andrew) |
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Filing 94
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANTS' MOTION TO DISMISS CASE AND/OR STRIKE PLAINTIFF'S FIFTH AMENDED COMPLAINT #90 by Judge Michael W. Fitzgerald. The Motion is DENIED. (iv)
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Filing 93
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, Order of the Chief Judge 21-124, and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds DEFENDANT'S MOTION TO DISMISS OR STRIKE PLAINTIFF'S FIFTH AMENDED COMPLAINT #90 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for March 21, 2022 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 92 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiff's Fifth Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) #90 filed by Defendant Schneider Logistics Inc. (Beldner, Sabrina) |
| Filing 91 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiff's Fifth Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) #90 OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S FIFTH AMENDED COMPLAINT filed by Plaintiff RICK PARSITTIE. (Setareh, Chaim) |
| Filing 90 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiff's Fifth Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) filed by Defendant Schneider Logistics Inc. Motion set for hearing on 3/21/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Beldner, Sabrina) |
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Filing 89
ORDER GRANTING JOINT STIPULATION SETTING BRIEFING AND HEARING SCHEDULE ON DEFENDANT SCHNEIDER LOGISTICS, INC.'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S FIFTH AMENDED COMPLAINT #88 by Judge Michael W. Fitzgerald. Defendant's Motion to Dismiss and/or Strike the 5AC:January 31, 2022. Plaintiff's Opposition: February 21, 2022. Defendant's Reply: March 7, 2022. Hearing on Defendant's Motion: March 21, 2022 at 10:00 am. (iv)
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| Filing 88 STIPULATION for Order Setting Briefing And Hearing Schedule On Defendant Schneider Logistics, Inc.'s Motion To Dismiss And/Or Strike Plaintiffs Fifth Amended Complaint filed by Defendant Schneider Logistics Inc. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 87 Fifth AMENDED COMPLAINT against Defendants Connect Staffing, Inc, Does 1 through 50, inclusive, SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc. amending Amended Complaint/Petition, #69 , filed by Plaintiff RICK PARSITTIE(Setareh, Chaim) |
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Filing 86
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S FOURTH AMENDED COMPLAINT #80 by Judge Michael W. Fitzgerald. Defendants' Motion is GRANTED with leave to amend. Plaintiff shall file his Fifth Amended Complaint on or before December 20, 2021. After meeting and conferring, the parties will submit a stipulated briefing schedule for Defendants' response that works for the holidays. (iv)
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| Filing 85 MINUTES OF TELEPHONIC DEFENDANTS' PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S FOURTH AMENDED COMPLAINT #80 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
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Filing 84
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, the hearing on the MOTION #80 set for November 22, 2021 will be held telephonically at 9:30 a.m. Counsel shall use the following conference call information: Number: (877) 411-9748; Access Code: 6448503. Counsel are ordered to remain available from 9:30 a.m - 10:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 83 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FOURTH AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #80 filed by Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Beldner, Sabrina) |
| Filing 82 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FOURTH AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #80 filed by Plaintiff RICK PARSITTIE. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Setareh, Chaim) |
| Filing 81 Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FOURTH AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #80 filed by Plaintiff RICK PARSITTIE. (Attachments: #1 Declaration of Thomas Segal in Support of Opposition to Motion to Dismiss)(Setareh, Chaim) |
| Filing 80 NOTICE OF MOTION AND MOTION to Dismiss Case PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FOURTH AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Motion set for hearing on 11/22/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Beldner, Sabrina) |
| Filing 79 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Amy E. Beverlin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER LOGISTICS, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., and SCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC.. (Beldner, Sabrina) |
| Filing 78 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Sylvia J. Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER LOGISTICS, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., and SCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC.. (Beldner, Sabrina) |
| Filing 77 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Matthew C. Kane is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER LOGISTICS, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., and SCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC.. (Beldner, Sabrina) |
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Filing 76
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FOURTH AMENDED COMPLAINT #75 , by Judge Michael W. Fitzgerald. The Stipulation shallbe and hereby is GRANTED as follows: (1) Defendants time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiffs Fourth Amended Complaint shall be and hereby is extended to and including October 13, 2021. (et)
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| Filing 75 STIPULATION for Extension of Time to File Answer to October 13, 2021 re Amended Complaint/Petition, #69 filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 74 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Ashley R. Li is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Schneider Logistics, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics Transloading And Distribution, Inc.. (Beverlin, Amy) |
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Filing 73
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FOURTH AMENDED COMPLAINT #72 by Judge Michael W. Fitzgerald: Defendants Schneider Logistics Transloading and Distribution, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics, Inc. time to answer Fourth Amended Complaint to September 15,2021. (lc)
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| Filing 72 STIPULATION for Extension of Time to File Answer to September 15, 2021 re Amended Complaint/Petition, #69 filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 71 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Adding Any E. Beverlin as counsel of record for Defendant Schneider Logistics, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics Transloading And Distribution, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Schneider Logistics, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics Transloading And Distribution, Inc.. (Attorney Amy E Beverlin added to party SCHNEIDER LOGISTICS TRANSPORTATION, INC.(pty:res), Attorney Amy E Beverlin added to party Schneider Logistics Inc(pty:res), Attorney Amy E Beverlin added to party Schneider Logistics Trans-Loading and Distribution, Inc.(pty:res))(Beverlin, Amy) |
| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #69 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 69 Fourth AMENDED COMPLAINT against Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc. amending Amended Complaint/Petition #46 , filed by Plaintiff RICK PARSITTIE(Setareh, Chaim) |
| Filing 68 MINUTES OF TELEPHONIC MANDATE OF NINTH CIRCUIT COURT OF APPEALS #66 held before Judge Michael W. Fitzgerald. The Court hears from counsel. For reasons stated on the record, the Court directs counsel to file an amended complaint by August 2, 2021. (Case reopened. MD JS-5.) Court Reporter: Amy Diaz. (iv) |
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Filing 67
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Conference Re Mandate of Ninth Circuit Court of Appeals #66 is set for 7/12/2021 at 10:00 AM before Judge Michael W. Fitzgerald. Counsel shall the following dial-in information: Number: (877) 411-9748 and Access Code: 6448503. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 66 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #61 , USCA Memorandum/Opinion/Order #65 , CCA # 20-55470. The judgment of this Court, entered June 09, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car) |
| Filing 65 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #61 filed by RICK PARSITTIE. CCA # 20-55470. The decision of the District Court is AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. (iv) |
| Filing 64 BILL OF COSTS. Costs taxed in the amount of $694.28 in favor of Defendants and against Plaintiff Rick Parsittie. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff RICK PARSITTIE. #60 (vmun) |
| Filing 63 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55470 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #61 as to Plaintiff RICK PARSITTIE. (iv) |
| Filing 62 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #61 . (Setareh, Chaim) |
| Filing 61 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff RICK PARSITTIE. Appeal of Order on Motion to Dismiss Case #59 . (Appeal Fee - $505 Fee Paid, Receipt No. BCACDC-26255162.) (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 60 APPLICATION to the Clerk to Tax Costs against Plaintiff RICK PARSITTIE filed by Defendant Schneider Logistics Trans-Loading and Distribution, Inc., SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc. (Attachments: #1 Declaration of Beldner) (Beldner, Sabrina) |
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Filing 59
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE THIRD AMENDED COMPLAINT #50 by Judge Michael W. Fitzgerald. The Motion is GRANTED without leave to amend. The action is DISMISSED. ( MD JS-6. Case Terminated ) (iv)
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| Filing 58 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, Defendants' Motion to Dismiss and/or Strike Third Amended Complaint #50 is taken under submission, the hearing on 3/23/2020 at 10:00 a.m. is VACATED, and no appearances shall be made. If the Court determines that a hearing is necessary, it will be reset at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY |
| Filing 57 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case AND/OR STRIKE THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #50 filed by Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Kane, Matthew) |
| Filing 56 Opposition to Defendants' Motion to Dismiss And/Or Strike Plaintiff's Third Amended Complaint Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case AND/OR STRIKE THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #50 filed by Petitioner RICK PARSITTIE. (Setareh, Chaim) |
| Filing 55 NOTICE OF FILING TRANSCRIPT filed for proceedings October 21, 2019 re Transcript #54 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 54 TRANSCRIPT for proceedings held on October 21, 2019. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 3/11/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/19/2020. (Diaz, Amy) |
| Filing 53 TRANSCRIPT ORDER as to Plaintiff RICK PARSITTIE for Court Reporter. Court will contact Lauren at lauren@setarehlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Setareh, Chaim) |
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Filing 52
ORDER GRANTING JOINT STIPULATION TO ENLARGE BRIEFING SCHEDULE AND CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE #51 by Judge Michael W. Fitzgerald. Plaintiff's deadline to serve and file his forthcoming Opposition to Defendant's Motion to Dismiss to 2/24/2020; Reply extended to 3/9/2020 and The hearing on Defendants' Motion is continued to 3/23/2020. (et)
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| Filing 51 Joint STIPULATION to Continue Re: NOTICE OF MOTION AND MOTION to Dismiss Case AND/OR STRIKE THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #50 filed by Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 50 NOTICE OF MOTION AND MOTION to Dismiss Case AND/OR STRIKE THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Motion set for hearing on 3/2/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Kim, Sylvia) |
| Filing 49 NOTICE of Lodging of Notice of Related Case filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Exhibit 1)(Kane, Matthew) |
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Filing 48
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO THIRD AMENDED COMPLAINT #47 by Judge Michael W. Fitzgerald. Defendants' time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Third Amended Complaint shall be and hereby is extended to and including January 31, 2020. (iv)
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| Filing 47 Joint STIPULATION for Extension of Time to File Answer to January 31, 2020 re Amended Complaint/Petition #46 filed by Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
| Filing 46 Third AMENDED COMPLAINT against Defendant RICK PARSITTIE amending Amended Complaint #15 , filed by Plaintiff RICK PARSITTIE(Setareh, Chaim) |
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: ORDER RE: PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE. Court ORDERS Plaintiff to file the TAC as a standalone document in this District by December 13, 2019. Defendants are ordered to file a response to the TAC by January 6, 2020. The OSC is DISCHARGED. (lc)
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| Filing 44 DECLARATION of Thomas Segal re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #43 filed by Petitioner RICK PARSITTIE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Setareh, Chaim) |
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Filing 43
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Judge Michael W. Fitzgerald. In light of Plaintiff's failure to file the TAC, Plaintiff is ORDERED to show cause, in writing, why the action should not be dismissed for failure to prosecute, pursuant to Rule 41(b). Plaintiff's response shall be filed on or before December 9, 2019. (iv)
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| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Charles Kane counsel for Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Adding Ashley R. Li as counsel of record for Schneider Logistics, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics Transloading and Distribution, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Schneider Logistics, Inc., Schneider Logistics Transportation, Inc., and Schneider Logistics Transloading and Distribution, Inc.. (Kane, Matthew) |
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Filing 41
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE SECOND AMENDED COMPLAINT #34 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend. Plaintiff may file a Third Amended Complaint on or before November 12, 2019. Defendants shall file a response to the TAC by no later than November 25, 2019. (iv)
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| Filing 40 Notice of Electronic Filing re Motion Hearing, #39 , Reply (Motion related), #38 e-mailed to Sean Sullivan bounced due to 5.1.0 Unknown Address Error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 39 MINUTES OF MOTION TO DISMISS #34 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
| Filing 38 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #34 filed by Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Kane, Matthew) |
| Filing 37 NOTICE OF NO TIMELY FILING OF PLAINTIFFS OPPOSITION, OBJECTION TO AND REQUEST TO STRIKE UNTIMELY OPPOSITION [DKT #36], AND INTENT TO FILE PROTECTIVE REPLY IN SUPPORT OF MOTION TO DISMISS AND/OR STRIKE SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Kane, Matthew) |
| Filing 36 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #34 and or Strike Plaintiff's Second Amended Complaint filed by Petitioner RICK PARSITTIE. (Setareh, Chaim) |
| Filing 35 NOTICE OF NON-RECEIPT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE SECOND AMENDED COMPLAINT filed by Defendants SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Kane, Matthew) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. Motion set for hearing on 10/21/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Kane, Matthew) |
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Filing 33
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO REMAND #29 by Judge Michael W. Fitzgerald. The Motion is DENIED. (iv)
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| Filing 32 MINUTES OF PLAINTIFF'S MOTION TO REMAND DUE #28 #29 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (lom) |
| Filing 31 REPLY in Support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #28 filed by Petitioner RICK PARSITTIE. (Setareh, Chaim) |
| Filing 30 OBJECTION opposition to re: NOTICE OF MOTION AND MOTION to CORRECT NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #28 #29 filed by Respondents SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Declaration of Jill Holley-Gauthier)(Kane, Matthew) |
| Filing 29 NOTICE OF MOTION AND MOTION to CORRECT NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #28 filed by Plaintiff RICK PARSITTIE. Motion set for hearing on 8/5/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Granting Motion to Remand) (Setareh, Chaim) |
| Filing 28 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles filed by Plaintiff RICK PARSITTIE. Motion set for hearing on 7/15/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Setareh, Chaim) |
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Filing 27
ORDER GRANTING JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE ON PLAINTIFF'S FORTHCOMING MOTION TO REMAND AND DEFENDANTS' FORTHCOMING MOTION TO DISMISS #26 by Judge Michael W. Fitzgerald. The Stipulation is GRANTED. Plaintiff's Motion to Remand the action to the State Court shall be filed on or by June 10, 2019. SEE ORDER FOR DETAILS. (iv)
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| Filing 26 STIPULATION for Order REGARDING BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS FORTHCOMING MOTION TO REMAND AND DEFENDANTS FORTHCOMING MOTION TO DISMISS filed by Defendant SCHNEIDER LOGISTICS TRANSPORTATION, INC., Schneider Logistics Inc, Schneider Logistics Trans-Loading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 25 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 24 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| Filing 23 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:19-cv-00532, from USDC California Northern District. The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-03981 MWF (AFMx). (jtil). |
| Filing 22 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
| Case electronically transferred to the Central District of California. (fabS, COURT STAFF) (Filed on 5/3/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 21
Order by Judge Vince Chhabria granting #20 Stipulation to Vacate the Initial Case Management Conference and Transfer Action to the Central District of California.(knm, COURT STAFF) (Filed on 4/25/2019) [Transferred from California Northern on 5/9/2019.]
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| Filing 20 STIPULATION WITH PROPOSED ORDER TO (1) VACATE INITIAL CASE MANAGEMENT CONFERENCE AND (2) TRANSFER ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA filed by Schneider Logistics Transloading and Distribution, Inc., Schneider Logistics Transportation, Inc., Schneider Logistics, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 4/23/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 19 MOTION to Appear by Telephone at Case Management Conference filed by Rick Parsittie. (Attachments: #1 Proposed Order Granting Ptf's Request to Appear by Telephone at Case Manangement Conference)(Setareh, Chaim) (Filed on 4/23/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 18 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Schneider Logistics Transloading and Distribution, Inc., Schneider Logistics Transportation, Inc., Schneider Logistics, Inc.. Motion Hearing set for 5/23/2019 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 4/29/2019. Replies due by 5/6/2019. (Kane, Matthew) (Filed on 4/15/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Setareh, Chaim) (Filed on 4/12/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 16 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/10/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 15 AMENDED COMPLAINT against All Defendants. Filed byRick Parsittie. (Setareh, Chaim) (Filed on 3/15/2019) [Transferred from California Northern on 5/9/2019.] |
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Filing 14
Order by Judge Vince Chhabria granting #13 Stipulation to File Second Amended Complaint. Second Amended Complaint due by 3/15/2019. Defendants' response to SAC is due by 4/15/2019.(knm, COURT STAFF) (Filed on 2/25/2019) [Transferred from California Northern on 5/9/2019.]
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| Filing 13 STIPULATION WITH PROPOSED ORDER to File Second Amended Complaint filed by Rick Parsittie. (Setareh, Chaim) (Filed on 2/19/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 12 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 4/23/2019. Initial Case Management Conference set for 4/30/2019 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 2/15/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 11 Case REASSIGNED to Judge Vince Chhabria. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 10 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (djmS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rick Parsittie.. (Setareh, Chaim) (Filed on 2/13/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Schneider Logistics Transloading and Distribution, Inc., Schneider Logistics Transportation, Inc., Schneider Logistics, Inc... (Kane, Matthew) (Filed on 2/12/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 6 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Schneider Logistics Transloading and Distribution, Inc., Schneider Logistics Transportation, Inc., Schneider Logistics, Inc.. Motion Hearing set for 3/19/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/20/2019. Replies due by 2/27/2019. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 2/6/2019)[Transferred from California Northern on 5/9/2019.] |
| Filing 5 NOTICE of Appearance by Chaim Shaun Setareh Of Counsel (Ashley N. Batiste) (Setareh, Chaim) (Filed on 2/1/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 4/ 23/2019. Initial Case Management Conference set for 4/30/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 1/30/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 3 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/13/2019. (jmlS, COURT STAFF) (Filed on 1/30/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 2 Certificate of Interested Entities by SCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., SCHNEIDER LOGISTICS, INC. identifying Corporate Parent Schneider National, Inc. for SCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., SCHNEIDER LOGISTICS, INC.. (Kane, Matthew) (Filed on 1/30/2019) [Transferred from California Northern on 5/9/2019.] |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 18CV335339. (Filing fee $400 receipt number 0971-13048376). Filed bySCHNEIDER LOGISTICS TRANSLOADING AND DISTRIBUTION, INC., SCHNEIDER LOGISTICS TRANSPORTATION, INC., SCHNEIDER LOGISTICS, INC.. (Attachments: #1 Civil Cover Sheet)(Kane, Matthew) (Filed on 1/30/2019) [Transferred from California Northern on 5/9/2019.] |
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