Kris De Nava v. Costco Wholesale Corporation et al
| Kris De Nava |
| Does 1-50, inclusive, Costco Wholesale Corporation, Teamsters Union Local 166 and Costco Wholesale Membership, Inc. |
| 2:2019cv09347 |
| October 30, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jacqueline Chooljian |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 JUDGMENT by Judge Percy Anderson: Pursuant to the Court's February 20, 2020 Order which dismissed plaintiff Kris de Nava's ("Plaintiff") claims against defendants Costco Wholesale Corporation and Teamsters Union Local 166 ("Defendants"), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. All claims against Defendants are dismissed with prejudice. 2. It is FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff take nothing and that Defendants shall have their costs of suit pursuant to Federal Rule of Civil Procedure 54. (MD JS-6, Case Terminated). (bm) |
Filing 53
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #43 MOTION to Dismiss Case; #44 MOTION to Dismiss. For the foregoing reasons, the Court finds Plaintiff's claims are preempted under Section 301 of the LMRA, and are time-barred under the six month statute of limitations applicable to hybrid Section 301 claims. The Court finds that any amendment to Plaintiff's Complaint would be futile, and therefore dismisses Plaintiff's Complaint with prejudice. See Jay v. Service Employees Int'l Union-United Health Care Workers West, 203 F. Supp. 3d 1024, 1043 (N.D. Cal. 2016) (dismissing with prejudice time barred claims under the LMRA). The Court will issue a judgment consistent with this Order. (mrgo)
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| Filing 52 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Defendant Costco Wholesale Corporation.. (McConnell, Matthew) |
| Filing 51 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Kenneth Foster counsel for Defendant Costco Wholesale Corporation. Adding Robert K. Foster as counsel of record for Defendant Costco Wholesale Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Costco Wholesale Corporation. (Attorney Robert Kenneth Foster added to party Costco Wholesale Corporation(pty:dft))(Foster, Robert) |
| Filing 50 REPLY in support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #44 filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #43 filed by Defendant Costco Wholesale Corporation. (McConnell, Matthew) |
| Filing 48 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #44 filed by Plaintiff Kris De Nava. (Malczynski, Matthew) |
| Filing 47 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #43 By Defendant Costco Wholesale Corporation filed by Plaintiff Kris De Nava. (Malczynski, Matthew) |
| Filing 46 DECLARATION of Mike Bergen in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #44 filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #44 filed by Defendant Teamsters Union Local 166. (Attachments: #1 Exhibit A to Req. for Judicial Notice)(Zakson, Laurence) |
| Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Teamsters Union Local 166. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion and Motion to Dismiss Pursuant to Fed. R. Civ.P. 12(B)(6), #2 Proposed Order Granting Defendant Local 166's Motion to Dismiss) (Zakson, Laurence) |
| Filing 43 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Costco's Motion to Dismiss, #2 Declaration of R. Arriola in Support of Defendant Costco's Motion to Dismiss, #3 Declaration of T. Wilcox in Support of Defendant Costco's Motion to Dismiss, #4 Declaration of M. McConnell in Support of Defendant Costco's Motion to Dismiss, #5 Proposed Order, #6 Proof of Service) (McConnell, Matthew) |
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Filing 42
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the Status Conference currently set for hearing on January 23, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 41 SCHEDULING NOTICE by Judge Percy Anderson: A telephonic status conference is set for January 23, 2020, at 3:00 PM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY |
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Filing 40
ORDER GRANTING STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT by Judge Percy Anderson re Stipulation Extending Time to Answer (30 days or less), #39 . It is therefore ordered that Defendants shall have until January 24, 2020 to file its responsive pleadings to Plaintiff's First Amended Complaint. (mrgo)
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| Filing 39 STIPULATION Extending Time to Answer the complaint as to Teamsters Union Local 166 answer now due 1/24/2020, filed by Defendant Teamsters Union Local 166. (Attachments: #1 Proposed Order GRANTING STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT)(Sheh, William) |
| Filing 38 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. Scheduling Conference set for 2/24/2020 at 10:30 AM before Judge Percy Anderson. (iv) |
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Filing 37
ORDER from Ninth Circuit Court of Appeals filed. CCA # 19-56411. The stipulated request for voluntary dismissal of this appeal (Docket Entry No. 5) is granted. This appeal is dismissed. (yl)
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Filing 36
ORDER GRANTING STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT (L.R. 8-3) #35 by Judge Percy Anderson. It is therefore ordered that Defendants shall have until January 17, 2020 to file its responsive pleadings to Plaintiff's First Amended Complaint. (lom)
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| Filing 35 STIPULATION Extending Time to Answer the complaint as to Teamsters Union Local 166 answer now due 1/17/2020, filed by Defendant Teamsters Union Local 166. (Attachments: #1 Proposed Order)(Zakson, Laurence) |
| Filing 33 BRIEF filed by Defendant Costco Wholesale Corporation. In Opposition to Remand to State Court (Attachments: #1 Declaration of R. Arriola in Support of Defendant Costco's Opposition to Remand, #2 Proof of Service)(McConnell, Matthew) |
| Filing 32 BRIEF filed by Defendant Teamsters Union Local 166. In Opposition to Remand and in Support of Removal of State Court Action (Attachments: #1 Proposed Order Denying Remand of Plaintiff's Claims Against Defendant Local 166)(Sheh, William) |
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Filing 34
ORDER DENYING EX PARTE APPLICATION TO AMEND #26 by Judge Percy Anderson. (yl)
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| Filing 31 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson: Cause called; appearances made. Court and counsel confer. Defendants' brief as to the issue of remand is due by noon on December 12, 2019. Plaintiff's reply, if any, is due by December 17, 2019. The matter will then be deemed under submission. The Court will let the parties know if oral argument will be necessary. The Status Conference set for December 9, 2019 is vacated. No appearances are necessary. Court Reporter: Pat Cuneo. (bm) |
| Filing 30 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56411 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #29 as to defendant Teamsters Union Local 166. (mrgo) |
| Filing 29 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Teamsters Union Local 166. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, Order to Remand Case to State Court, #14 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24874751.) (Sheh, William) |
| Filing 28 RESPONSE filed by Plaintiff Kris De Navato Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #22 To Order To Show Cause (Attachments: #1 Declaration of Matthew P. Malczynski in Support of Plaintiff's Response To Order To Show Cause)(Malczynski, Matthew) |
| Filing 27 Joint STIPULATION Extending Time to Answer the complaint as to Costco Wholesale Corporation answer now due 12/20/2019; Teamsters Union Local 166 answer now due 12/20/2019, filed by Defendant Costco Wholesale Corporation.(McConnell, Matthew) |
| Filing 26 EX PARTE APPLICATION to AMEND Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #22 Memorandum of Points and Authorities; and Declaration of Counsel filed by Defendant Teamsters Union Local 166. (Attachments: #1 Proposed Order) (Sheh, William) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew P Malczynski counsel for Plaintiff Kris De Nava. Adding Matthew P. Malczynski as counsel of record for Kris De Nava for the reason indicated in the G-123 Notice. Filed by Plaintiff Kris De Nava. (Attorney Matthew P Malczynski added to party Kris De Nava(pty:pla))(Malczynski, Matthew) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak) |
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Filing 21
PROOF OF SERVICE filed by Defendant Costco Wholesale Corporation, re Order, #19 by Judge Percy Anderson served on November 19, 2019. (McConnell, Matthew)
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| Filing 20 NOTICE of Appearance filed by attorney William Y Sheh on behalf of Defendant Teamsters Union Local 166 (Attorney William Y Sheh added to party Teamsters Union Local 166(pty:dft))(Sheh, William) |
| Filing 23 MINUTES OF Telephonic Status Conference held before Judge Percy Anderson: Because Local 166's Notice was filed on the same day the Court issued its Order remanding this case, the Court did not see Local 166's Notice prior to issuing its Order, and did not address Local 166's additional argument in its Order. Thus, the Court vacates the Order remanding this case to the Superior Court of California in Los Angeles. The clerk is ordered to forward a copy of this Order to the Ninth Circuit. (See minutes for further details) Court Reporter: Chia Mei Jui. (yl) |
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Filing 22
MINUTES (IN CHAMBERS) Order to Show Cause Re: Failure to Appear by Judge Percy Anderson: The Court further orders Plaintiffs counsel to show cause, in writing, by December 6, 2019, why the Court should not sanction Plaintiffs counsel for failure to appear at the telephonic conference which took place on November 18, 2019 at 10:00 a.m. (SEE MINUTES FOR FURTHER DETAILS) (yl)
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Filing 19
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk)
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Filing 17
TEXT ONLY ENTRY ORDER by Judge Percy Anderson Telephone Conference is set for 11/18/2019 at 10:00 AM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 18 Receipt of Order of Remand filed. (mrgo) |
| Filing 16 NOTICE OF FILING OF PETITION FOR WRIT OF MANDAMUS filed by Defendant Teamsters Union Local 166. (Attachments: #1 Petition for Writ of Mandamus, #2 Addendum (1) to Petition for Writ of Mandamus, #3 Addendum (2) to Petition for Writ of Mandamus)(Zakson, Laurence) |
| Filing 15 TRANSMITTAL of documents to Los Angeles County 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 County Superior Court. (mrgo) |
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Filing 14
*[VACATED PURSUANT TO ORDER DE #23 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson remanding case to Los Angeles County Superior Court, Case number 19PSCV00423. Case Terminated. Made JS-6. (See document for details) (mrgo) Modified on 11/21/2019 (yl).
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| Filing 13 DECLARATION of of Laurence S. Zakson of Filing Notice of Removal in State Court re Joinder (non-motion) #7 filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 12 NOTICE TO ADVERSE PARTIES OF FILING OF CONSENT TO AND JOINDER IN NOTICE OF REMOVAL OF DEFENDANT COSTCO WHOLESALE CORPORATION; AND NOTICE OF REMOVAL OF DEFENDANT LOCAL 166 filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 11 PROOF OF SERVICE filed by Defendant Costco Wholesale Corporation, re Certificate/Notice of Interested Parties #2 , Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #3 served on October 31, 2019. (McConnell, Matthew) |
| Filing 10 NOTICE of Pendency of Other Actions or Proceedings filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 9 Notice and CERTIFICATE of Interested Parties filed by Defendant Teamsters Union Local 166, identifying Teamsters, Chauffeurs, Warehousemen, Industrial and Allied Workers of America, Local 166. (Attorney Laurence S Zakson added to party Teamsters Union Local 166(pty:dft))(Zakson, Laurence) |
| Filing 8 DECLARATION of of Dan Hernandez re Joinder (non-motion) #7 in Support of Notice of Consent to and Joinder in Removal filed by Defendant Teamsters Union Local 166. (Zakson, Laurence) |
| Filing 7 JOINDER filed by Defendant Teamsters Union Local 166 joining in Notice of Removal (Attorney Civil Case Opening),, #1 . (Zakson, Laurence) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jacqueline Chooljian. (et) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge Percy Anderson for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Jacqueline Chooljian. New Case Number 2:19-cv-09347-PA (JCx). (et) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Costco Wholesale Corporation, a Washington Corporation. (McConnell, Matthew) |
| Filing 2 NOTICE of Interested Parties filed by Defendant Costco Wholesale Corporation, a Washington Corporation, identifying Kris De Nava, Costco Wholesale Corporation, and Teamsters Union Local 166. (McConnell, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19PSCV00423 Receipt No: 0973-24700072 - Fee: $400, filed by Defendant Costco Wholesale Corporation, a Washington Corporation. (Attachments: #1 Declaration of M. McConnell in Support of Notice of Removal, #2 State Court Original Complaint, #3 State Court Original Summons, #4 State Court Civil Case Cover Sheet, #5 State Court Notice of Case Assignment, #6 State Court Notice of Case Management Conference, #7 State Court Amended Summons, #8 State Court First Amended Complaint) (Attorney Matthew Scott McConnell added to party Costco Wholesale Corporation, a Washington Corporation(pty:dft))(McConnell, Matthew) |
| CONFORMED E-FILED FIRST AMENDED COMPLAINT against Defendants Costco Wholesale Corporation, Does 1-50, inclusive, Teamsters Union Local 166 amending Complaint - (Discovery), filed by Plaintiff Kris De Nava. [FILED IN STATE COURT ON 9/26/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT NO. 8 #1 . (et) |
| NON-CONFORMED COPY OF AMENDMENT TO COMPLAINT. The Plaintiff, having designated a defendant in the complaint by the incorrect name of COSTCO WHOLESALE MEMBERSHIP, INC. and having discovered the true name of the defendant to be COSTCO WHOLESALE CORPORATION, filed by Plaintiff Kris De Nava. [SUBMITTED ATTACHED TO Declaration of M. McConnell AS ATTACHMENT NO. 1 TO NOTICE OF REMOVAL #1 . (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Costco Wholesale Corporation, Does 1-50. Jury Demanded., filed by Plaintiff Kris De Nava. [FILED IN STATE COURT ON 5/6/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT NO.2 #1 . (et) |
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