Jesus Garcia Muniz v. Utiliquest, LLC
| Jesus Garcia Muniz |
| Utiliquest, LLC and Does 1-100, inclusive |
| 2:2019cv08759 |
| October 11, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Steve Kim |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 Receipt of Order of Remand filed. (mrgo) |
Filing 29
ORDER RE: PLAINTIFF'S REQUEST TO APPEAR TELEPHONICALLY FORDECEMBER 16, 2019 SCHEDULING CONFERENCE OR IN THE ALTERNATIVE TO CONTINUE THAT HEARING by Judge Percy Anderson, re Plaintiff's Request #25 : Plaintiff's counsel may appear by telephone to the Hearing by dialing the Court's conference dial-in number at least 5 minutes prior to the Hearing. Plaintiff's counsel to contact the Court Room Deputy Clerk to obtain the dial-in details. (bm)
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| Filing 28 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (yl) |
| Filing 26 NOTICE OF NON-OPPOSITION to Plaintiff's Request to Appear by Telephone at the Scheduling Conference filed by Defendant Utiliquest, LLC. (Kemple, Mark) |
| Filing 25 PLAINTIFFS REQUEST TO APPEAR TELEPHONICALLY FOR DECEMBER 16, 2019 SCHEDULING CONFERENCE OR IN THE ALTERNATIVE TO CONTINUE THAT HEARING filed by Plaintiff Jesus Garcia Muniz (Attachments: #1 Proposed Order [PROPOSED] ORDER RE: PLAINTIFFS REQUEST TO APPEAR TELEPHONICALLY FOR DECEMBER 16, 2019 SCHEDULING CONFERENCE OR IN THE ALTERNATIVE TO CONTINUE THAT HEARING)(Vigil-Gallenberg, Rosa) |
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Filing 27
MINUTES (IN CHAMBERS)COURT ORDER by Judge Percy Anderson: The Court notes that this is Defendants third failed attempt at removing this case. For the foregoing reasons, the Court grants Plaintiffs Motion to Remand #15 , and denies Plaintiffs request for attorneys fees and costs. IT IS SO ORDERED. MOTION to Remand Case to State Court Case Remanded to Los Angeles Superior Court, BC685160. MD JS-6. Case Terminated. (SEE MINUTES FOR FURTHER DETAILS) (yl)
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Filing 24
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, MOTION to Remand #15 currently set for hearing on December 9, 2019 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Plaintiff's Position: 4-6 Days if Class Not Certified, 3-4 Weeks if Class Certified; Defendant's Position: 3 Days if Class Not Certified, 2-3 Weeks if Class Certified, filed by Defendant Utiliquest, LLC.. (Kemple, Mark) |
| Filing 22 OPPOSITION Opposition re: EX PARTE APPLICATION for Leave to file Supplemental Brief in Opposition to Plaintiff's Motion to Remand #21 filed by Plaintiff Jesus Garcia Muniz. (Attachments: #1 Declaration DECLARATION OF ROSA VIGILGALLENBERG IN SUPPORT OF OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO FILE SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION TO REMAND, #2 Proposed Order [PROPOSED] ORDER DENYING DEFENDANTS EX PARTE APPLICATION TO FILE SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION TO REMAND)(Vigil-Gallenberg, Rosa) |
| Filing 21 EX PARTE APPLICATION for Leave to file Supplemental Brief in Opposition to Plaintiff's Motion to Remand filed by Defendant Utiliquest, LLC. (Attachments: #1 Declaration of Mark Kemple and Exhibit A, #2 Proposed Order) (Kemple, Mark) |
| Filing 20 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #15 filed by Plaintiff Jesus Garcia Muniz. (Attachments: #1 Declaration DECLARATION OF ROSA VIGILGALLENBERG IN SUPPORT OF REPLY TO PLAINTIFF JESUS GARCIA-MUNIZS MOTION TO REMAND)(Vigil-Gallenberg, Rosa) |
| Filing 19 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/06/19 - 10:35 a.m. re Transcript #18 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 18 TRANSCRIPT for proceedings held on 11/06/19 - 10:35 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez; CSRLISAG@AOL.COM, phone number 213-894-2979. 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 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. (Gonzalez, Lisa) |
| Filing 17 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #15 filed by Defendant Utiliquest, LLC. (Attachments: #1 Declaration of Eric Beane and Exhibit 1, #2 Declaration of Mark Kemple and Exhibits 2 - 4, #3 Declaration of Bryan Patton, #4 Declaration of Sharon Villaverde, #5 Declaration of Rebecca Roach, #6 Declaration of Nicholas Escobedo, #7 Declaration of Shanna Lyon, #8 Declaration of Jose Portillo Serrano, #9 Declaration of Neil Vocke, #10 Proposed Order Denying Motion to Remand)(Kemple, Mark) |
| Filing 16 SUPPLEMENT filed by Defendant Utiliquest, LLC. (Attachments: #1 Exhibit 1 and 2)(Kemple, Mark) |
| Filing 15 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff, Jesus Garcia-Muniz Jesus Garcia Muniz. Motion set for hearing on 12/9/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF JESUS GARCIAMUNIZS MOTION TO REMAND, #2 Declaration DECLARATION OF ROSA VIGILGALLENBERG IN SUPPORT OF PLAINTIFF JESUS GARCIAMUNIZS MOTION TO REMAND, #3 Supplement REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS MOTION TO REMAND, #4 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION TO REMAND) (Vigil-Gallenberg, Rosa) |
| Filing 14 TRANSCRIPT ORDER as to Defendant Utiliquest, LLC for Court Reporter. Court will contact Delilah Phiefer at phieferd@gtlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kemple, Mark) |
| Filing 13 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. The Court and counsel confer regarding the status of the case. Court Reporter: Lisa Gonzalez. (mrgo) |
| Filing 12 PROOF OF SERVICE filed by Defendant Utiliquest, LLC, re Order #9 (Court's Standing Order) served on October 18, 2019. (Kemple, Mark) |
| Filing 11 PROOF OF SERVICE filed by Defendant Utiliquest, LLC, re Corporate Disclosure Statement #4 , Notice of Related Case(s) #5 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 served on October 11, 2019. (Kemple, Mark) |
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Filing 10
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 12/16/2019 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
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Filing 8
ORDER TO REASSIGN CASE Pursuant General Order 19-03 (identical case) by Judge Christina A. Snyder, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Percy Anderson all further proceedings. All discovery matters are transferred to Magistrate Judge Steve Kim. Case number now reads as 2:19-cv-08759 PA(SKx). (rn)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Frederick F. Mumm. (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Jesus Garcia Muniz, upon Defendant Utiliquest, LLC served on 1/29/2018, answer due 2/19/2018. CONFORMED FILED COPY OF Proof of Service of Summons were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/02/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-2, PAGE 72) (lh) |
| CONFORMED FILED COPY OF CLASS ACTION AND REPRESENTATIVE ACTION COMPLAINT against Defendants Does 1-100, Utiliquest, LLC. Jury Demanded, filed by Plaintiff Jesus Garcia Muniz. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 12/17/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Utiliquest, LLC. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-2, PAGE 76)(lh) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant Utiliquest, LLC. pursuant to Local Civil Rule 83-1.3.1 Related Case(s): 2:18-cv-01594-PA-SK and 2:18-cv-01715-PA-SK (Kemple, Mark) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Utiliquest, LLC (Kemple, Mark) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Utiliquest, LLC, (Kemple, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Utiliquest, LLC. (Kemple, Mark) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC685160 with filing fee previously paid (400.00 paid on 10/11/2019, receipt number 097324596595), filed by Defendant Utiliquest, LLC. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Notice of Removal in Case 2:18-cv-01594, #3 Exhibit C: Remand Order in Case 2:18-cv-01594, #4 Exhibit D: Notice of Removal in Case 2:18-cv-01715, #5 Exhibit E: Remand Order in Case 2:18-cv-01715, #6 Exhibit F: State Court File, #7 Exhibit G: File in Case 2:18-cv-01594, #8 Exhibit H: File in Case 2:18-cv-01715) (Attorney Mark D Kemple added to party Utiliquest, LLC(pty:dft))(Kemple, Mark) |
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