Balbina Padilla v. Alta Dena Certified Dairy, LLC et al
| Balbina Padilla |
| Dean Foods Company, Alta Dena Certified Dairy, LLC and Does 1 through 50, inclusive |
| 2:2019cv05020 |
| June 10, 2019 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Rozella A Oliver |
| Christina A Snyder |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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Filing 42
MINUTES (IN CHAMBERS) ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Michael W. Fitzgerald. The action is DISMISSED without prejudice. Case Terminated. Made JS-6. (iv)
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Filing 41
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: The parties are ORDERED to SHOW CAUSE no later than DECEMBER 3, 2021, by filing a Joint Status Report regarding the Suggestion of Bankruptcy and the status of this action since dismissal of the appeal. If Defendants refuse to cooperate, Plaintiff shall file a unilateral report by that date. If no status report is filed by the deadline, the action will be dismissed for failure to prosecute. (jp)
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Filing 40
MINUTES (IN CHAMBERS) ORDER VACATING FINAL PRETRIAL CONFERENCE AND JURY TRIAL; ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court VACATES the Final Pretrial Conference and Jury Trial, set for October 18, 2021 and November 9, 2021. The parties are ORDERED to SHOW CAUSE no later than October 29, 2021 regarding the status of the bankruptcy as set forth in the Suggestion of Bankruptcy, filed November 19, 2019. The status report shall also include the status of this action since the dismissal of the appeal. (iv)
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Filing 39
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #36 filed by Dean Foods Company, Alta Dena Certified Dairy, LLC. CCA # 19-56230. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to prosecute. Counsel for appellants is directed to notify his/her client immediately in writing regarding this dismissal. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. (mat)
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| Filing 38 Suggestion of Bankruptcy (Djordjevski, Nikolas) |
| Filing 37 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56230 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #36 as to Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company. (shb) |
| Filing 36 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by defendant Alta Dena Certified Dairy, LLC, Dean Foods Company. Appeal of Order on Motion to Compel Arbitration,, Order on Motion to Strike, #35 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24658113.) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skeen, Spencer) |
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Filing 35
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION TO COMPEL INDIVIDUAL ARBITRATION, DISMISS CLASS CLAIMS, AND DISMISS OR STAY ACTION #13 ; REQUEST TO STRIKE DOCKET NOS. 20, 21, 22 AND 23 #25 by Judge Michael W. Fitzgerald. The Motion is DENIED. Plaintiff's request to strike Dockets Nos. 20, 21, 22, and 23 is GRANTED. (iv)
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| Filing 34 MINUTES OF Motion Hearing held before Judge Michael W. Fitzgerald: RE MOTION TO COMPEL INDIVIDUAL ARBITRATION #13 , #25 .The C. 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. (lc) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Katherine J Odenbreit counsel for Plaintiff Balbina Padilla. Adding Katherine J. Odenbreit as counsel of record for Plaintiff Balbina Padilla for the reason indicated in the G-123 Notice. Filed by Plaintiff Balbina Padilla. (Attorney Katherine J Odenbreit added to party Balbina Padilla(pty:pla))(Odenbreit, Katherine) |
| Filing 32 SCHEDULING NOTICE by Judge Michael W. Fitzgerald re: NOTICE OF MOTION AND MOTION to Compel Arbitration #13 , previously scheduled for 09/16/2019. On the Court's own motion, the hearing has been continued to 9/23/2019 at 10:00 a.m. before Judge Michael W. Fitzgerald. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY |
| Filing 31 DECLARATION of Nikolas T. Djordjevski Requesting Leave to Late File Reply NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company. (Djordjevski, Nikolas) |
| Filing 30 REPLY in support NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1)(Djordjevski, Nikolas) |
| Filing 29 SCHEDULING NOTICE ADVANCING TIME OF HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, the hearing on the motions set for September 16, 2019 is ADVANCED TO 9:00 AM before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 28 DECLARATION of Wendy Ramirez In Opposition NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) |
| Filing 27 DECLARATION of Edward Kim In Opposition NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) |
| Filing 26 DECLARATION of Berkeh Alemzadeh In Opposition NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Attachments: #1 Exhibit A to Alemzadeh Declaration, #2 Exhibit B to Alemzadeh Declaration, #3 Exhibit C to Alemzadeh Declaration, #4 Exhibit D to Alemzadeh Declaration)(Alemzadeh, Berkeh) |
| Filing 25 REQUEST to Strike Dkt. Nos. 20, 21, 22, and 23 Declaration (Motion related) #20 , Declaration (Motion related) #22 , Declaration (Motion related) #23 , Declaration (Motion related) #21 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) |
| Filing 24 DECLARATION of Kevin Mahoney In Opposition NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Mahoney, Kevin) |
| Filing 23 **STRICKEN** DECLARATION of Wendy Ramirez in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) Modified on 9/30/2019 Per Order #35 (iv). |
| Filing 22 **STRICKEN** DECLARATION of Berkeh Alemzadeh, Esq. in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) Modified on 9/30/2019 Per Order #35 (iv). |
| Filing 21 **STRICKEN** DECLARATION of Edward E. Kim, Esq. in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) Modified on 9/30/2019 Per Order #35 (iv). |
| Filing 20 **STRICKEN** DECLARATION of Kevin Mahoney, Esq. in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Alemzadeh, Berkeh) Modified on 9/30/2019 Per Order #35 (iv). |
| Filing 19 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Motion to Compel Arbitration #13 is continued to September 16, 2019 at 10:00 AM before Judge Michael W. Fitzgerald. Plaintiff Balbina Padilla filed her Opposition to Motion to Compel Arbitration on August 26, 2019. Per Local Rule 7-9, Plaintiff was required to file her opposing papers by August 19, 2019, twenty-one days preceding the hearing date. Defendant Alta Dena may file a reply to the Opposition, if any, by no later than September 9, 2019. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Plaintiff Balbina Padilla. (Attachments: #1 Exhibit A)(Alemzadeh, Berkeh) |
| Filing 17 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #13 filed by Defendant Dean Foods Company. (Skeen, Spencer) |
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Filing 16
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 4/13/2020. Non-expert Discovery Cut-off 7/2/2021. Last Day to Hear Motions 8/2/2021. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 9/27/2021. Final Pretrial Conference and Hearing on Motions in Limine set for 10/18/2021 at 11:00 AM. Trial Date (Est. 10-15 Days) set for 11/9/2021 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 15
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 8/16/2021. (iv)
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| Filing 14 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Please be advised that the Scheduling Conference set for 8/12/2019 before Judge Michael W. Fitzgerald is VACATED and taken off calendar. The Court will issue an order with all dates and deadlines. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (st) TEXT ONLY ENTRY |
| Filing 13 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by defendant Alta Dena Certified Dairy, LLC, Dean Foods Company. Motion set for hearing on 9/9/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Point and Authorities, #2 Declaration of Nikolas Djordjevski, #3 Declaration of Andrea Bettis, #4 Exhibit 1, #5 Proposed Order) (Skeen, Spencer) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Atoy Hari Wilson counsel for Plaintiff Balbina Padilla. Adding Atoy H. Wilson as counsel of record for Balbina Padilla for the reason indicated in the G-123 Notice. Filed by Plaintiff Balbina Padilla. (Attorney Atoy Hari Wilson added to party Balbina Padilla(pty:pla))(Wilson, Atoy) |
| Filing 11 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15, filed by Plaintiff Balbina Padilla.. (Attachments: #1 Exhibit Schedule of Pretrial & Trial)(Alemzadeh, Berkeh) |
| Filing 10 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Joint Report Rule 26(f) #8 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 8/8/2019. (iv) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) #8 . The following error(s) was/were found: Pursuant to the Court's June 27, 2019 Order, Schedule of Pretrial and Trial Dates Worksheet is missing. See Local Rule 5-4.4.1- Electronic Lodging. 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. (iv) |
| Filing 8 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15, filed by Plaintiff Balbina Padilla.. (Mahoney, Kevin) |
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Filing 7
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 8/12/2019 at 11:00 AM. (iv)
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Filing 6
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Michael W. Fitzgerald for all further proceedings. Case number now reads as 2:19-cv-05020 MWF(RAOx). (rn)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Rozella A. Oliver. (lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant Alta Dena Certified Dairy, LLC, Dean Foods Company, identifying Dean West II, LLC; Dean Dairy Holdings, LLC and Dean Holding Company. (Skeen, Spencer) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company. (Skeen, Spencer) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior, case number 19STCV10846 Receipt No: 0973-23890173 - Fee: $400, filed by defendant Dean Foods Company, Alta Dena Certified Dairy, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Nikolas T. Djordjevski, #5 Declaration of Andrea Bettis) (Attorney Spencer C Skeen added to party Alta Dena Certified Dairy, LLC(pty:dft), Attorney Spencer C Skeen added to party Dean Foods Company(pty:dft))(Skeen, Spencer) |
| NON-CONFORMED COPY OF ANSWER to Complaint, filed by Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-3)(lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Alta Dena Certified Dairy, LLC, Dean Foods Company, Does 1 through 50. Jury Demanded. Filed by Plaintiff Balbina Padilla. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1 #1 ) (lh) |
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