Treasure Triplett v. Federal Express Corporation et al
| Treasure Triplett |
| FedEx Express, Federal Express Corporation, Vanessa Dailey-Sanchez and Does 1 through 50, inclusive |
| 2:2020cv10247 |
| November 9, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dale S Fischer |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ORDER by Judge Dale S. Fischer Dismissing Action With Prejudice Pursuant to FRCP 41 #35 . See Order for specifics. (jp)
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| Filing 35 STIPULATION to Dismiss Case pursuant to FRCP Rule 41(A)(1)(ii) filed by Defendant Federal Express Corporation. (Attachments: #1 Proposed Order Proposed Order)(Flynn, Jane) |
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Filing 34
TEXT ONLY ENTRY (IN CHAMBERS): ORDER DISMISSING CASE DUE TO SETTLEMENT by Judge Dale S. Fischer. The Court has been advised that this action has been settled. Accordingly, it is ordered that the action is dismissed without prejudice. The Court retains jurisdiction for 45 days to vacate this Order and to reopen the action on a showing of good cause that the settlement has not been completed and further proceedings are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 33 NOTICE OF JOINT SETTLEMENT filed by PLAINTIFF Treasure Triplett. (Westmoreland, Dominique) |
| Filing 32 DECLARATION of Jane M. Flynn re Text Only Scheduling Notice,,,,,,,,,,, 26 re: Order to Show Cause re Sanctions filed by Defendant Federal Express Corporation. (Flynn, Jane) |
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Filing 31
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dale S. Fischer. Case ordered to Magistrate Judge Maria A. Audero for Settlement Conference. ADR Proceeding to be held no later than 12/5/22. (rfi)
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Filing 30
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 1/16/2023 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 2/14/2023 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 29 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 28 DECLARATION of Dominique N. Westmoreland in Response to OSC re Sanctions filed by Plaintiff Treasure Triplett. (Westmoreland, Dominique) |
| Filing 27 JOINT REPORT of 26(F) filed by Plaintiff Treasure Triplett. (Westmoreland, Dominique) |
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Filing 26
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Courts Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that person's name (only if the person is an attorney) and the persons position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this Court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 25 DECLARATION of Dominique N. Westmoreland in Response to OSC re Sanctions filed by Plaintiff Treasure Triplett. (Attachments: #1 Exhibit E-mail Dated November 13, 2020, #2 Exhibit E-mail Dated November 16, 2020, #3 Exhibit E-mail Dated December 12, 2020)(Westmoreland, Dominique) |
| Filing 24 DECLARATION of Jane M. Flynn re Text Only Scheduling Notice,,,,,,,, 21 (in Response to OSC re: Sanctions) filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Flynn, Jane) |
| Filing 23 REPORT filed by Plaintiff Treasure Triplett. (Westmoreland, Dominique) |
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Filing 22
ORDER by Judge Dale S. Fischer DENYING Motion to Remand #16 . See Order for specifics. (jp)
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Filing 21
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates. Plaintiff has failed to cooperate in the preparation of the Joint 26(f) Report, apparently based on the misimpression that the filing of a motion for remand allows Plaintiff to disobey Court orders and fail to prosecute this case. Defense counsel filed a unilateral report but failed to attach a Schedule, and failed to provide dates that comply with the Court's requirements. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. The parties are also ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the weeks before trial column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this Court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. Further failure of Plaintiff to prosecute this case may result in dismissal.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 20 STATUS REPORT of Rule 26(f) Report filed by Plaintiff Treasure Triplett. (Attachments: #1 Declaration Dominique N. Westmoreland)(Westmoreland, Dominique) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan [Defendant's Rule 26(f) Report] ; estimated length of trial defendant estimates 5 days, filed by Defendant Federal Express Corporation.. (Flynn, Jane) |
| Filing 18 EVIDENTIARY OBJECTIONS IN SUPPORT OF DEFENDANT'S OPPOSITION TO re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #16 filed by Defendant Federal Express Corporation. (Flynn, Jane) |
| Filing 17 Opposition Opposition to re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #16 filed by Defendant Federal Express Corporation. (Attachments: #1 Declaration of Jane M. Flynn, #2 Declaration of Shahram A. Eslami, #3 Declaration of John Maxwell, #4 Declaration of Rick Jason, #5 Declaration of Joe Perez, #6 Declaration of Jennifer L. Polson)(Flynn, Jane) |
| Filing 16 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiff Treasure Triplett. Motion set for hearing on 12/28/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration Declaration of Treasure Triplett ISO Motion to Remand, #2 Declaration Declaration of Dominique Westmoreland ISO Motion to Remand) (Westmoreland, Dominique) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 12/21/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 14 DECLARATION of Jane M. Flynn re: Filing Notice of Removal and Notice of Stay in Los Angeles County Superior Court filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Flynn, Jane) |
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Filing 13
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Maria A. Audero. (esa) |
| Filing 10 DECLARATION of Jennifer L. Polson re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit F)(Flynn, Jane) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Defendant Federal Express Corporation identifying FedEx Corporation as Corporate Parent. (Flynn, Jane) |
| Filing 8 CERTIFICATE of Interested Parties filed by Defendant Federal Express Corporation, identifying FedEx Corporation. (Attachments: #1 Certificate of Service)(Flynn, Jane) |
| Filing 7 NOTICE of Related Case(s) filed by Defendant Federal Express Corporation. Related Case(s): (No Related Cases) (Flynn, Jane) |
| Filing 6 DECLARATION of Jane M. Flynn re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit G)(Flynn, Jane) |
| Filing 5 DECLARATION of Joe Perez re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit D, #2 Exhibit E)(Flynn, Jane) |
| Filing 4 DECLARATION of Vanessa Dailey-Sanchez re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Federal Express Corporation. (Flynn, Jane) |
| Filing 3 DECLARATION of Shahram A. Eslami re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Federal Express Corporation. (Flynn, Jane) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Federal Express Corporation. (Attachments: #1 Certificate of Service)(Flynn, Jane) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV25197 Receipt No: ACACDC-28915217 - Fee: $400, filed by Defendant Federal Express Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Jane M Flynn added to party Federal Express Corporation(pty:dft))(Flynn, Jane) |
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