Delvin Hines v. Constellis Integrated Risk Management Services et al
| Delvin Hines |
| Michael Chandless, Centerra Services International, Inc., Centerra Group, LLC and Constellis Integrated Risk Management Services |
| 2:2020cv06782 |
| July 29, 2020 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Percy Anderson |
| John W Holcomb |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 52
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #49 filed by Delvin Hines. CCA # 21-56048. The (9TH CCA) Clerk is directed to temporarily close this courts docket for administrative purposes until May 12, 2022. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. At any time, any party may request that this appeal be reopened. [See document for all details.](mat)
|
| Filing 51 NOTICE RE: TRANSCRIPTS FOR RECORD ON APPEAL filed by plaintiff Delvin Hines. ( Aviles, Diego) |
| Filing 50 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56048 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #49 as to Defendant Delvin Hines. (yl) |
| Filing 49 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Delvin Hines. Appeal of Order on Motion to Dismiss Case, #47 , Judgment,, #48 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32038965.) (Attachments: #1 Exhibit)( Aviles, Diego) |
| Filing 48 JUDGMENT by Judge John W. Holcomb. It is hereby ORDERED, ADJUDGED, and DECREED as follows: Fictitiously named Defendants Does 1-100 are DISMISSED. Defendants Constellis Integrated Risk Management Services; Centerra Services International, Inc.; and Centerra Group LLC shall have JUDGMENT in their favor, and against Plaintiff Delvin Hines. Plaintiff shall take nothing by way of his complaint. This action is DISMISSED. To the extent that any party requests any other form of relief, such request is DENIED. IT IS SO ORDERED. (MD JS-6, Case Terminated). (yl) |
|
Filing 47
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT [ECF No. #38 ] by Judge John W. Holcomb: For the foregoing reasons, the Court hereby ORDERS as follows: Defendants' Motion to Dismiss is GRANTED in its entirety, without leave to amend. Judgment will issue accordingly. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendants Centerra Group, LLC, Centerra Services International, Inc.. Joseph D. Hadacek is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant CENTERRA SERVICES INTERNATIONAL, INC. and CENTERRA GROUP, LLC. (Beldner, Sabrina) |
|
Filing 45
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Defendants' Motion To Dismiss And/Or Strike Plaintiff's Second Amended Complaint [ECF No. 38] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on March 5, 2021. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
|
|
Filing 44
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendants' Motion To Dismiss And/Or Strike Plaintiff's Second Amended Complaint [ECF No. #38 ], is ordered CONTINUED from February 26, 2021 to March 5, 2021, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
|
| Filing 43 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Plaintiffs Second Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #38 filed by Defendants Centerra Group, LLC, Centerra Services International, Inc.. (Beldner, Sabrina) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Defendants Centerra Group, LLC, Centerra Services International, Inc.. Ashley R. Li is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant CENTERRA SERVICES INTERNATIONAL, INC. and CENTERRA GROUP, LLC. (Beverlin, Amy) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Defendants Centerra Group, LLC, Centerra Services International, Inc.. Adding Amy E. Beverlin as counsel of record for CENTERRA SERVICES INTERNATIONAL, INC. and CENTERRA GROUP, LLC for the reason indicated in the G-123 Notice. Filed by Defendant CENTERRA SERVICES INTERNATIONAL, INC. and CENTERRA GROUP, LLC. (Attorney Amy E Beverlin added to party Centerra Group, LLC(pty:dft), Attorney Amy E Beverlin added to party Centerra Services International, Inc.(pty:dft))(Beverlin, Amy) |
| Filing 40 Notice of Electronic Filing re Response in Opposition to Motion, #39 e-mailed to Ashley R Li ali@mcguirewoods.com bounced due to Invalid email address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 39 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Plaintiffs Second Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #38 filed by Plaintiff Delvin Hines. (Attachments: #1 Declaration, #2 Proposed Order)( Aviles, Diego) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Plaintiffs Second Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) filed by Defendant Centerra Group, LLC, Centerra Services International, Inc.. Motion set for hearing on 2/26/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Goodwin, #2 Proposed Order) (Beldner, Sabrina) |
|
Filing 37
ORDER GRANTING JOINT STIPULATION TO DISMISS INDIVIDUAL DEFENDANT MICHAEL CHANDLESS #36 by Judge John W. Holcomb. Stipulation is herebyGRANTED as follows: 1. Defendant Michael Chandless shall be dismissed from this action, without prejudice. However, should Plaintiff later rename Michael Chandless as a Defendant on any previously-pled claim dismissed by virtue of the Stipulation and this Court's Order, the Parties agree that such re-pled claim or claims will relate back to the date of the original complaint in this Action. See order for information. (lom)
|
| Filing 36 STIPULATION to Dismiss Defendant Michael Chandless filed by Defendant Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 35 SECOND AMENDED COMPLAINT against Defendant Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless amending Amended Complaint/Petition #29 , Complaint - (Discovery), filed by plaintiff Delvin Hines( Aviles, Diego) |
|
Filing 34
ORDER PERMITTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT #33 by Judge John W. Holcomb. The Stipulation is hereby GRANTED as follows: Plaintiff is granted leave to file a Second Amended Complaint ("SAC") [See document for details.] (et)
|
| Filing 33 First STIPULATION for Leave to File a Second Amended Complaint filed by plaintiff Delvin Hines. (Attachments: #1 Proposed Order)( Aviles, Diego) |
|
Filing 32
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #31 by Judge John W. Holcomb. Having reviewed the Stipulation, and finding good cause exists for the relief requested therein, the Stipulation is hereby GRANTED as follows: Defendants deadline to serve and file any answer, motions, or other pleadings responsive to Plaintiffs First Amended Complaint is hereby extended to November 13, 2020. (See Order for further details). (yl)
|
| Filing 31 STIPULATION Extending Time to Answer the complaint as to Centerra Group, LLC answer now due 11/13/2020; Centerra Services International, Inc. answer now due 11/13/2020; Constellis Integrated Risk Management Services answer now due 11/13/2020; Michael Chandless answer now due 11/13/2020, re Amended Complaint/Petition #29 filed by Defendant Centerra Group, LLC; Centerra Services International, Inc.; Constellis Integrated Risk Management Services; Michael Chandless. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
|
Filing 30
STANDING ORDER by Judge John W. Holcomb. (iva)
|
| Filing 29 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), filed by plaintiff Delvin Hines( Aviles, Diego) |
| Filing 28 This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
|
Filing 27
ORDER OF THE CHIEF JUDGE (#20-129) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge John W. Holcomb, this case is transferred from Judge Percy Anderson to the calendar of Judge John W. Holcomb for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-06782-JWH(PLAx). (ap)
|
|
Filing 26
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson re: #14 MOTION to Remand Case to State Court. The Motion to Remand is denied, and the Court's Order to Show Cause is discharged. For all the foregoing reasons, the Complaint is dismissed with leave to amend. Plaintiff may file an amended complaint, if any, no later than fourteen (14) days from the date this order is entered. Failure to file an amended complaint by the specified deadline may result, without further warning, in dismissal of this action. Finally, the Scheduling Conference previously set for September 28, 2020 is hereby vacated. (See document for details) (mrgo)
|
|
Filing 25
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Dismiss and/or Strike Complaint #11 ; and MOTION to Remand #14 both currently set for hearing on September 28, 2020, are hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
|
|
Filing 24
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the Scheduling Conference currently set for hearing on September 28, 2020 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
|
| Filing 23 OBJECTION to Defendants' Notice of Newly Decided Authority in support of Defendants' Respose to Order to Show Cause Re: Subject Matter Jurisdiction and Opposition to Plaintiff's Motion for Order Remanding Action re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Plaintiff Delvin Hines. ( Aviles, Diego) |
| Filing 22 NOTICE of Newly-Decided Authority in Further Support of (1) Defendants' Response to Court's Order to Show Cause Re: Subject Matter Jurisdiction; and (2) Opposition to Plaintiff's Motion for Order Remanding Action to State Court filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services. (Beldner, Sabrina) |
| Filing 21 REPLY First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Plaintiff Delvin Hines. ( Aviles, Diego) |
| Filing 20 JOINT RULE 26(F) AND DISCOVERY PLAN REPORT filed by Plaintiff Delvin Hines. ( Aviles, Diego) |
|
Filing 19
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson: The Court hereby continues the hearing date for Defendants Motion to Dismiss and/or Strike the First Amended Complaint from September 14, 2020 at 1:30 p.m. to September 28, 2020 at 1:30 p.m. IT IS SO ORDERED. (yl)
|
|
Filing 18
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Dismiss and/or Strike Complaint #11 currently set for hearing on September 14, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
|
| Filing 17 Opposition in Opposition to re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services. (Attachments: #1 Defendants' Response to Evidentiary Objections to Evidence Submitted in Support of Defendants' Notice of Removal [DKT. #14-3])(Beldner, Sabrina) |
| Filing 16 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss And/Or Strike Plaintiffs Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12 #11 filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services. (Beldner, Sabrina) |
| Filing 15 NOTICE of Interested Parties filed by Plaintiff Delvin Hines, ( Aviles, Diego) |
| Filing 14 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiff Delvin Hines. Motion set for hearing on 9/28/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Diego Aviles, #2 Request for Judicial Notice, #3 Evidentiary Objections, #4 Proposed Order) ( Aviles, Diego) |
| Filing 13 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss And/Or Strike Plaintiffs First Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #11 filed by Plaintiff Delvin Hines. (Attachments: #1 Declaration of Diego Aviles)( Aviles, Diego) |
| Filing 12 RESPONSE filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Servicesto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #10 (Attachments: #1 Declaration of John Bolen)(Beldner, Sabrina) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss And/Or Strike Plaintiffs First Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) filed by Defendant Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Mike Goodwin, #2 Proposed Order) (Beldner, Sabrina) |
|
Filing 10
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For these reasons, the Court hereby orders Defendants to show cause in writing why this case should not be remanded for lack of subject matter jurisdiction because Defendant has failed to show, by a preponderance of the evidence, that the amount in controversy requirement for CAFA jurisdiction has been met. Defendants' response shall not exceed 15 pages in length, and shall be filed no later than August 19, 2020. (See document for details) (mrgo)
|
|
Filing 9
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. ( Scheduling Conference set for 9/28/2020 at 10:30 AM before Judge Percy Anderson.) (et)
|
|
Filing 8
STANDING ORDER by Judge Percy Anderson. 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 Percy Anderson. (et)
|
|
Filing 7
ORDER DENIED by Judge Percy Anderson, re Stipulation to Continue #6 . (mrgo)
|
| Filing 6 Joint STIPULATION to Continue Defendant Responsive Pleading Deadline filed by Defendant Centerra Group, LLC. (Attachments: #1 Proposed Order on Joint Stipulation to Continue Defendants Responsive PleadingDeadline)(Beldner, Sabrina) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Paul L. Abrams. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Delvin Hines in Los Angeles Superior Court 5/28/2020, attached as Exhibit A. (jtil) |
| Filing 3 CERTIFICATION And NOTICE of Interested Parties filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services, identifying Delvin Hines, Plaintiff; Centerra Services International, Inc., Named Defendant and wholly-owned subsidiary of Centerra Group, LLC; Centerra Group, LLC, Named Defendant and wholly-owned subsidiary of Centerra-TDI Group Holdings, LLC; Centerra-TDI Group Holdings, LLC, Wholly-owned subsidiary of Constellis, LLC; Constellis Integrated Risk Management Services, Inc., Named Defendant and wholly-owned subsidiary of Constellis, LLC; Constellis, LLC, Wholly-owned subsidiary of Constellis Holdings, LLC, Constellis Holdings, LLC is ultimately owned by New Constellis Holdings, LLC, and no entity holds more than 10% of the outstanding stock of New Constellis Holdings, LLC. (Beldner, Sabrina) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Michael Chandless, Constellis Integrated Risk Management Services. (Beldner, Sabrina) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV20377 Receipt No: ACACDC-27408730 - Fee: $400, filed by Defendants Centerra Group, LLC, Centerra Services International, Inc., Constellis Integrated Risk Management Services, Michael Chandless. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Notice of Case Assignment, #5 Exhibit E - Initial Status Conference Order, #6 Exhibit F - Minute Order, #7 Exhibit G - Notice of Initial Status Conference, #8 Exhibit H - Proof of Service of Summons) (Attorney Sabrina A Beldner added to party Centerra Group, LLC(pty:dft), Attorney Sabrina A Beldner added to party Centerra Services International, Inc.(pty:dft), Attorney Sabrina A Beldner added to party Michael Chandless(pty:dft), Attorney Sabrina A Beldner added to party Constellis Integrated Risk Management Services(pty:dft))(Beldner, Sabrina) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
