Cesar Ramirez v. C and J Well Service, Inc., et al
| Cesar Ramirez |
| C and J Wells Service, Inc., C and J Well Services, Inc. and Does 1-50, inclusive |
| 2:2020cv00535 |
| January 17, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jacqueline Chooljian |
| Philip S Gutierrez |
| Suzanne H Segal |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 35 Receipt and acknowledgment of of this court's order of remand issued on 11/19/20. (yl) |
| Filing 34 TRANSMITTAL of documents to Superior Court of California, County of Ventura. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Ventura. (yl) |
| Filing 33 MINUTES (IN CHAMBERS) The Court GRANTS the motion to dismiss the class claims, GRANTS the motion to remand #27 , and RENDERS MOOT the motion to compel arbitration and stay further proceedings #23 by Judge Philip S. Gutierrez: Accordingly, the Court DECLINES to exercise supplemental jurisdiction over the PAGA claim. Because the Court lacks jurisdiction over the PAGA claim, the Court REMANDS the case to the Superior Court. And because the Court remands the case, the Court RENDERS MOOT Defendants motion to compel arbitration and stay further proceedings for lack of jurisdiction. (SEE DOCUMENT FOR FURTHER DETAILS)Case Remanded to Ventura County Superior Court, 56-02019-00536151-CU-OE-VTA. MD JS-6. Case Terminated. (yl) |
| Filing 32 REPLY Reply is in Support of Motion to Remand First NOTICE OF MOTION AND MOTION to Remand Case to Ventura County Superior Court #27 filed by Plaintiff Cesar Ramirez. (Koulloukian, Nazo) |
| Filing 31 REPLY In Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #23 of Plaintiffs Claims and Stay Proceedings Pending Completion of Court-Ordered Arbitration filed by Defendant C and J Well Services, Inc.. (Beldner, Sabrina) |
| Filing 30 OPPOSITION re: First NOTICE OF MOTION AND MOTION to Remand Case to Ventura County Superior Court #27 filed by Defendant C and J Wells Service, Inc.. (Attachments: #1 Declaration Sylvia J. Kim)(Beldner, Sabrina) |
Filing 29
ORDER GRANTING JOINT STIPULATION FOR ENTRY OF ORDER: (1) CONTINUING SCHEDULING CONFERENCES AND RELATED DEADLINES, AND (2) CONTINUING HEARING AND REMAINING BRIEFING DEADLINES ON DEFENDANT'S MOTION TO COMPEL INDIVIDUAL ARBITRATION #28 by Judge Philip S. Gutierrez Having reviewed the Stipulation, and finding good cause exists for the relief requested therein, the Stipulation is hereby GRANTED, as follows: The deadline to file Rule 26(f) Joint Report is due on 12/14/20. The scheduling conference is set for December 7, 2020. (See order for further details) (yl)
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| Filing 28 Joint STIPULATION to Continue Scheduling Conferences and Related Deadlines, and Continue Hearings and Remaining Briefing Deadlines on Defendant's Motion to Compel Arbitration filed by Defendant C and J Wells Service, Inc.. (Attachments: #1 Proposed Order)(Attorney Sylvia Jihae Kim added to party C and J Wells Service, Inc.(pty:dft))(Kim, Sylvia) |
| Filing 27 First NOTICE OF MOTION AND MOTION to Remand Case to Ventura County Superior Court filed by Plaintiff Cesar Ramirez. Motion set for hearing on 11/23/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration DECLARATION OF NAZO KOULLOUKIAN IN SUPPORT OF MOTION TO REMAND THIS CASE TO STATE COURT, #2 Declaration DECLARATION OF JARRETT GORLICK, #3 Exhibit Exhibit 1 to DECLARATION OF JARRETT GORLICK, #4 Proposed Order [PROPOSED] ORDER REMANDING ACTION BACK TO STATE COURT) (Koulloukian, Nazo) |
| Filing 26 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #23 filed by Plaintiff Cesar Ramirez. (Attachments: #1 Declaration Declaration of Nazo Koulloukian in Support of Opposition, #2 Exhibit Exhibit 1 to Declaration of Nazo Koulloukian in Support of Opposition, #3 Exhibit Exhibit 2 to Declaration of Nazo Koulloukian in Support of Opposition, #4 Exhibit Exhibit 3 to Declaration of Nazo Koulloukian in Support of Opposition)(Koulloukian, Nazo) |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: This matter is set for a scheduling conference on October 5, 2020 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b ). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. In their F.R.Civ. P. 26(f) Report, the parties shall indicate whether they have agreed to participate in the Court's ADR Program, to private mediation or, upon a showing of good cause, to a Magistrate Judge for a settlement conference. Failure to comply may lead to the imposition of sanctions. (bm)
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| Filing 24 ANSWER to Amended Complaint/Petition #16 Protective filed by Defendant C and J Well Services, Inc..(Beldner, Sabrina) |
| Filing 23 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant C and J Well Services, Inc.. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Amber Wilbanks, #2 Declaration of Sabrina A. Beldner, #3 Proposed Order) (Beldner, Sabrina) |
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Filing 22
MINUTES (In Chambers): Order DENYING Defendant's motion to dismiss by Judge Philip S. Gutierrez denying #19 MOTION to Dismiss Case: Accordingly, because this Court is "unwilling to excuse non-compliance with the Local Rules," see Superbalife Int'l v. Powerpay, No. CV 08-5099 PSG, 2008 WL 4559752, at 2 (C.D. Cal. Oct. 7, 2008), the Court DENIES Defendant's motion without prejudice. (see document for further details) (bm)
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| Filing 21 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint #19 [Portions] filed by Defendants C and J Well Services, Inc., C and J Wells Service, Inc.. (Attorney Sabrina A Beldner added to party C and J Wells Service, Inc.(pty:dft))(Beldner, Sabrina) |
| Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint #19 filed by Plaintiff Cesar Ramirez. (Attachments: #1 Declaration DECLARATION OF NAZO KOULLOUKIAN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SECOND MOTION TO DISMISS, #2 Exhibit Exhibit 1 to DECLARATION OF NAZO KOULLOUKIAN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS SECOND MOTION TO DISMISS)(Koulloukian, Nazo) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint filed by Defendant C and J Well Services, Inc.. Motion set for hearing on 8/3/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Beldner, Sabrina) |
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Filing 18
ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO SECOND AMENDED COMPLAINT #17 , by Judge Philip S. Gutierrez: Having reviewed the Stipulation, and finding good cause exists for the relief requested therein, the Stipulation is hereby GRANTED as follows: 1. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's SAC in this action shall be and hereby is extended by twenty-one (21) days to and including June 1, 2020; and 2. By entering into this Stipulation, the Parties do not waive and expressly reserve all claims, defenses and challenges in this action including, without limitation, with respect to Defendant's intended Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (bm)
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to C and J Well Services, Inc. answer now due 6/1/2020, re Amended Complaint/Petition #16 filed by Defendant C and J Well Services, Inc.. (Attachments: #1 Proposed Order)(Sakaue, Kerri) |
| Filing 16 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint, filed by Plaintiff Cesar Ramirez(Koulloukian, Nazo) |
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Filing 15
MINUTES (IN CHAMBERS) Order GRANTING IN PART and DENYING IN PART Defendant's motion to dismiss without prejudice and DENYING the motion to strike by Judge Philip S. Gutierrez granting in part and denying in part #11 MOTION: For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Defendant's motion to dismiss and DENIES the motion to strike. The Court also GRANTS Plaintiff leave to amend his claims. Any amended complaint must be filed no later than April 27, 2020 or the dismissed claims will be dismissed with prejudice. (see document for further details) (bm)
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| Filing 14 SCHEDULING NOTICE (In Chambers) by Judge Philip S. Gutierrez: Defendant's Motion to Dismiss and/or Strike First Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) [DOCKET #11] set for hearing on March 30, 2020 is/are taken under submission and off calendar. Accordingly, no appearance by counsel/parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 13 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #11 filed by Defendant C and J Well Services, Inc.. (Beldner, Sabrina) |
| Filing 12 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #11 filed by Plaintiff Cesar Ramirez. (Koulloukian, Nazo) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant C and J Well Services, Inc.. Motion set for hearing on 3/30/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A -F to Request for Judicial Notice, #2 Proposed Order) (Beldner, Sabrina) |
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Filing 10
ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO FIRST AMENDED COMPLAINT #7 by Judge Philip S. Gutierrez: Having reviewed the Stipulation, and finding good cause exists for the relief requested therein, the Stipulation is hereby GRANTED as follows: 1. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's FAC in this action shall be and hereby is extended by 14 days to and including February 7, 2020; and 2. By entering into this Stipulation, the Parties do not waive and expressly reserve all claims, defenses and challenges in this action including, without limitation, with respect to Defendant's intended Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and (f). (bm)
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Philip S. Gutierrez. (ji)
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:19-cv-09317 PSG(SSx). Case transferred from Judge Percy Anderson and Magistrate Judge Jacqueline Chooljian to Judge Philip S. Gutierrez and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-00535 PSG(SSx). Signed by Judge Philip S. Gutierrez (rn)
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| Filing 7 STIPULATION Extending Time to Answer the complaint as to C and J Well Services, Inc. answer now due 2/7/2020, re Amended Complaint filed by Defendant C and J Well Services, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 6 NOTICE of Related Case(s) filed by Defendant C and J Well Services, Inc.. Related Case(s): 2:19-cv-09317-PSG-SS (Beldner, Sabrina) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jacqueline Chooljian. (esa) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant C&J Well Services, Inc., identifying Cesar Ramirez, Plaintiff; C&J Well Services, Inc., Defendant, erroneously named as "C&J Well Service, Inc."; NexTier Oilfield Solutions Inc., Ultimate Parent Company of Defendant C&J Well Services, Inc., which is publicly traded on the New York Stock Exchange under the symbol "NEX". (Beldner, Sabrina) |
| Filing 2 CIVIL COVER SHEET filed by Defendant C&J Well Services, Inc.. (Beldner, Sabrina) |
| Filing 1 NOTICE OF REMOVAL from Ventura County Superior Court, case number 56-2019-00536151 Receipt No: 0973-25149337 - Fee: $400, filed by Defendant C&J Well Services, Inc.. (Attachments: #1 Exhibit Exhibits A - G to Notice of Removal, #2 Declaration of Guy Wade Percival) (Attorney Sabrina A Beldner added to party C&J Well Services, Inc.(pty:dft))(Beldner, Sabrina) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against defendants C and J Wells Service, Inc., Does, filed by plaintiff Cesar Ramirez (filed in state court 12/12/19, submitted as document 1, attachment 1, p. 34)(esa) |
| COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and First Amended Complaint returned Executed filed by Plaintiff Cesar Ramirez, upon Defendant C and J Well Services, Inc. acknowledgment sent by Plaintiff on 12/18/2019. (submitted as document 1, attachment 1, p. 81)(esa) |
| CONFORMED COPY OF COMPLAINT against defendants C and J Wells Service, Inc., Does jury demand, filed by plaintiff Cesar Ramirez. (filed in state court 11/18/19, submitted as document 1, attachment 1, p 1) (esa) |
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