Keith Roy v. Scholastic Book Fairs, Inc.
| Keith Roy and Keith Pierre Roy |
| Scholastic Book Fairs, Inc. |
| 2:2020cv02547 |
| March 17, 2020 |
| US District Court for the Central District of California |
| Alka Sagar |
| John F Walter |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 39
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION PLAINTIFF'S MOTION TO REMAND BACK TO STATE COURT [filed 4/6/20; Docket No. #23 ]; and ORDER TAKING UNDER SUBMISSION DEFENDANT SCHOLASTIC BOOK FAIRS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FED. R. CIV. P. 12(c) [filed 4/16/20; Docket No. #27 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for May 18, 2020 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 38 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Remand Case to #23 , NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #27 (Attachments: #1 Proposed Order (PROPOSED) STATEMENT OF DECISION GRANTING MOTION TO REMAND BACK TO STATE COURT, #2 Proposed Order (PROPOSED) STATEMENT OF DECISION DENYING MOTION FOR JUDGMENT ON THE PLEADINGS)(Roy, Keith) |
| Filing 37 NOTICE OF ERRATA filed by Defendant Scholastic Book Fairs, Inc.. correcting Notice of Lodging,, #36 (Attachments: #1 Exhibit A to Notice of Errata)(Harvin, Emily) |
| Filing 36 NOTICE OF LODGING filed DEFENDANT SCHOLASTIC BOOK FAIRS, INC.S NOTICE OF LODGING OF (1) [PROPOSED] STATEMENT OF DECISION GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FED. R. CIV. P. 12(C); AND (2) [PROPOSED] STATEMENT OF DECISION DENYING MOTION FOR REMAND re NOTICE OF MOTION AND MOTION to Remand Case to #23 , NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #27 (Attachments: #1 Exhibit A-[PROPOSED] STATEMENT OF DECISION GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS, #2 Exhibit B-[PROPOSED] STATEMENT OF DECISION DENYING MOTION FOR REMAND)(Harvin, Emily) |
| Filing 35 REPLY in support of Defendant Scholastic Book Fairs, Inc.'s Motion NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #27 filed by Defendant Scholastic Book Fairs, Inc.. (Harvin, Emily) |
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Filing 34
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 4/30/2021 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for hearing on 5/7/2021 at 8:00 AM. Jury Trial set for 5/18/2021 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 33
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on May 11, 2020 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: January 4, 2021. The Joint Report re: Results of Settlement Conference due on: January 8, 2021. (iv)
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| Filing 32 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Defendant Scholastic Book Fairs, Inc... (James, Johnnie) |
| Filing 31 REPLY support of a motion NOTICE OF MOTION AND MOTION to Remand Case to #23 state court filed by Plaintiff Keith Pierre Roy. (Attachments: #1 Declaration Declaration in support of Reply to Opposition to Motion to Remand back to State Court)(Roy, Keith) |
| Filing 30 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Objection/Opposition (Motion related), #29 served on April 24, 2020. (Harvin, Emily) |
| Filing 29 DEFENDANT SCHOLASTIC BOOK FAIRS, INC.S OPPOSITION TO PLAINTIFF KEITH ROYS MOTION FOR REMAND OF ACTION TO STATE COURT in opposition to motion re: NOTICE OF MOTION AND MOTION to Remand Case to #23 filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Declaration of Emily K. Harvin, #2 Exhibit A to Declaration of Emily K. Harvin)(Harvin, Emily) |
| Filing 28 MEMORANDUM in Opposition to Motion for Judgment on the Pleadings filed by Plaintiff Keith Pierre Roy. (Attachments: #1 Declaration Declaration in support of opposition to Motion for Judgment on the Pleadings, #2 Exhibit Exhibit A to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #3 Exhibit Exhibit B to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #4 Exhibit Exhibit C to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #5 Exhibit Exhibit D to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #6 Exhibit Exhibit E to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #7 Exhibit Exhibit E1 to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #8 Exhibit Exhibit F to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #9 Exhibit Exhibit G to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #10 Exhibit Exhibit H to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #11 Exhibit Exhibit I to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #12 Exhibit Exhibit J to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #13 Exhibit Exhibit K to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #14 Exhibit Exhibit L to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #15 Exhibit Exhibit M to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #16 Exhibit Exhibit N to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #17 Exhibit Exhibit O to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #18 Exhibit Exhibit P to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #19 Exhibit Exhibit Q to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings, #20 Exhibit Exhibit R to Memorandum of Points and Authorities in Opposition to Motion for Judgment on the Pleadings)(Roy, Keith) |
| Filing 27 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant Scholastic Book Fairs, Inc.. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Def. Scholastic Book Fair, Inc.'s of Points and Authorities in support of its Motion for Judgment on the Pleadings, #2 Declaration of Johnnie A. James in support of Def. Scholastic Book Fair, Inc.'s Mtn for Judgment on the Pleadings, #3 Exhibit A to Declaration of Johnnie A. James, #4 Proposed Order, #5 Certificate of Service) (James, Johnnie) |
| Filing 22 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Statement #21 Certificate of Service Regarding 7-3 Conference served on April 7, 2020. (Harvin, Emily) |
| Filing 21 STATEMENT Joint Statement Regarding 7-3 Conference filed by Defendant Scholastic Book Fairs, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harvin, Emily) |
| Filing 26 PROOF OF SERVICE filed by Plaintiff Keith Roy, re Declaration #25 , Motion #23 , Memorandum in Support of Motion #24 served on 4/3/2020. (iv) |
| Filing 25 DECLARATION IN SUPPORT OF MOTION TO REMAND BACK TO STATE COURT Re: Motion #23 filed by Plaintiff Keith Roy. (iv) |
| Filing 24 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO REMAND BACK TO STATE COURT Re: Motion #23 filed by Plaintiff Keith Roy. (iv) |
| Filing 23 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO REMAND BACK TO STATE COURT filed by Plaintiff Keith Roy. Motion set for hearing on 5/18/2020 at 1:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (iv) |
| Filing 20 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Notice (Other), #19 served on April 3, 2020. (Harvin, Emily) |
| Filing 19 NOTICE Notice to Plaintiff Keith Roy of Re Notices Re Application for Efiling filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Exhibit A - Application for Permission of Electronic Filing, #2 Exhibit B- Order Granting Permission)(Harvin, Emily) |
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Filing 18
ORDER by Judge John F. Walter: Granting #17 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (iv)
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| Filing 17 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Keith Roy. (iv) |
| Filing 16 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Notice (Other),, #15 served on March 25, 2020. (Harvin, Emily) |
| Filing 15 NOTICE Notice to Plaintiff Keith Roy of United States District Court Pleadings filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Exhibit Ex. A ECF # 7 Notice of Assignment, #2 Exhibit Ex. B ECF # 8 Notice to Parties of Court Directed ADR, #3 Exhibit Ex. C ECF # 10 Standing Order, #4 Exhibit Ex. D. ECF # 11 Self-Representation Order, #5 Exhibit Ex. E ECF # 14 Minute Order in Chambers, #6 Exhibit Ex. F COVID-19 Notice)(Harvin, Emily) |
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Filing 14
MINUTE ORDER IN CHAMBERS COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for May 11, 2020 at 1:15p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before May 1, 2020. (et)
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| Filing 13 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Supplement #12 Certificate of Service of Supplement to Notice of Removal served on March 19, 2020. (Harvin, Emily) |
| Filing 12 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Exhibit A to Supplement to Notice of Removal)(Harvin, Emily) |
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Filing 11
SELF-REPRESENTATION ORDER by Judge John F. Walter. (iv)
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Filing 10
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 9 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 Certificate of Service of Defendant's Notice to Adverse Party and Clerk of Superior Court of Removal of Civil Action to U. S. District Court served on March 18, 2020. (Attachments: #1 Exhibit A to Certificate of Service of Defendant's Notice to Adverse Party and Clerk of The California Superior Court of Removal of Civil Action)(Harvin, Emily) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alka Sagar. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Scholastic Book Fairs, Inc., upon Defendant Scholastic Book Fairs, Inc. served on 2/18/2020, answer due 3/10/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive Suite 150N Sacramento, CA 95833 in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 2/21/2020 SUBMITTED ATTACHED EXHIBIT 1 DECLARATION of Emily K. Harvin) (ghap) Modified on 3/18/2020 (ghap). |
| CONFORMED FILED COPY OF COMPLAINT against Defendant Scholastic Book Fairs, Inc. Jury Demanded., filed by plaintiff Keith Roy. (FILED IN STATE COURT ON 1/2/2020 SUBMITTED ATTACHED EXHIBIT B TO DECLARATION of Emily K. Harvin) (ghap) Modified on 3/18/2020 (ghap). |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Scholastic Book Fairs, Inc. (FILED IN STATE COURT ON 3/12/2020 SUBMITTED ATTACHED EXHIBIT J DECLARATION of Emily K. Harvin)(ghap) Modified on 3/18/2020 (ghap). |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Scholastic Book Fairs, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 served on March 17, 2020. (Harvin, Emily) |
| Filing 5 DECLARATION of Emily K. Harvin re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Exhibit A- Summons, #2 Exhibit B-Complaint, #3 Exhibit C-Civil Case Cover Sheet, #4 Exhibit D-Civil Case Cover Sheet Addendum and Statement of Location, #5 Exhibit E-Notice of Case Assignment, #6 Exhibit F-Notice of Case Management Conference, #7 Exhibit G-Certificate of Mailing, #8 Exhibit H-Alternative Dispute Resolution Information Packet, #9 Exhibit I-Proof of Service of Summons, #10 Exhibit J-Def. Scholastic Book Fairs, Inc.'s Answer to Pltff. Keith Roy's Complaint, #11 Exhibit K-Def. Scholastic Book Fairs, Inc.'s Notice of Peremptory Challenge)(Harvin, Emily) |
| Filing 4 DECLARATION of Lindsey Cotter re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Scholastic Book Fairs, Inc.. (Attachments: #1 Exhibit A-Letter to Keith dated 8-24-16)(Harvin, Emily) |
| Filing 3 Certification of Interested Parties and Disclosure Statement in Compliance with FRCP 7.1 and Local Rule 7.1-1 CERTIFICATE of Interested Parties filed by Defendant Scholastic Book Fairs, Inc., (Harvin, Emily) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Scholastic Book Fairs, Inc.. (Harvin, Emily) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV00046 Receipt No: ACACDC-25763152 - Fee: $400, filed by Defendant Scholastic Book Fairs, Inc.. (Attorney Emily Kate Harvin added to party Scholastic Book Fairs, Inc.(pty:dft))(Harvin, Emily) |
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