Juan Razo v. Cemex Construction Materials Pacific, LLC et al
| Juan Razo |
| Cemex Inc, Does 1 to 100, inclusive, Cemex Construction Materials Pacific, LLC, Cemex Trucking, Inc., Cemex Construction Materials South, LLC and Cemex, Inc. |
| 2:2020cv11175 |
| December 9, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Karen L Stevenson |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 21
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT #12 ; MOTION TO STRIKE DECLARATION OF OSCAR FRIAS CANTU [12-3]; MOTION TO DISMISS #10 by Judge Michael W. Fitzgerald. The Motion to Strike is DENIED. The Motion to Remand is DENIED. Based on the discussion at the hearing, it is the Court's understanding that Plaintiff is seeking leave to amend the Complaint. That request is GRANTED and the pending Motion to Dismiss is DENIED as moot. Plaintiff shall file a First Amended Complaint on or before February 15, 2021. (iv)
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| Filing 20 MINUTES OF TELEPHONIC MOTION TO DISMISS #10 ; MOTION TO REMAND CASE TO LOS ANGELES SUPERIOR COURT #12 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
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Filing 19
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the Motion Hearing #10 #12 set for January 25,2021 will be held telephonically at 9:30 a.m. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. Counsel are ordered to remain available from 9:30 a.m. - 10:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 18 Defendant Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 Defendant Cemex Construction Materials Pacific, LLCs Request For Leave to file Statement of Recent Decision in Support of Defendants Opposition to Plaintiffs Motion to Remand filed by Defendant Cemex Construction Materials Pacific, LLC. (Leahy, Emily) |
| Filing 17 REPLY Defendants' NOTICE OF MOTION AND MOTION to Dismiss Case 2:20-CV-11175-MWF-KS #10 Defendants Request For Leave to File Statement of Recent Decision in Support of Defendants Motion to Dismiss, or in The Alternative, Motion to Strike [Fed. R. Civ. P. 12(b)(6); 12(f)] filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc., Does. (Attorney Emily Jane Leahy added to party Does(pty:dft))(Leahy, Emily) |
| Filing 16 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case 2:20-CV-11175-MWF-KS #10 Defendants Reply Memorandum in Support of Defendants Motion to Dismiss, or in the Alternative, Motion to Strike filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc.. (Leahy, Emily) |
| Filing 15 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Juan Razo. (Attachments: #1 Supplement Evidentiary Objections and Motion to Strike Additional Declaration)(Miller, Courtney) |
| Filing 14 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 2:20-CV-11175-MWF-KS #10 filed by Plaintiff Juan Razo. (Miller, Courtney) |
| Filing 13 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendant Cemex Construction Materials Pacific, LLC. (Attachments: #1 Defendants Response And Opposition to Plaintiffs Evidentiary Objections and Motion to Strike The Declaration of Oscar Frias Cantu In Support of Defendants Notice of Removal [Dkt. No. 1-11], #2 Declaration of Oscar Frias Cantu In Support of Defendant Cemex Construction Pacific, LLC's Opposition to Plaintiff's Motion to Remand, #3 Declaration of Emily J. Leahy in Support Of Defendant Cemex Construction Materials Pacific, LLCs Opposition to Plaintiff's Motion for Remand)(Leahy, Emily) |
| Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Juan Razo. Motion set for hearing on 1/25/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration, #3 Supplement, #4 Proposed Order) (Miller, Courtney) |
| Filing 11 NOTICE Defendants Certificate of Filing and Service of Notice to Adverse Party and to State Court of Removal to Federal Court filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc.. (Attachments: #1 Exhibit to Defendants Certificate of Filing and Service of Notice to Adverse Party and to State Court of Removal to Federal Court)(Liu, Dorothy) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case 2:20-CV-11175-MWF-KS filed by Defendant Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc.. Motion set for hearing on 1/25/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Defendants Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss, or in the Alternative, Motion to Strike, #2 Defendants Request for Judicial Notice in Support of Defendants Motion to Dismiss, or in the Alternative, Motion to Strike, #3 [Proposed] Order Granting Motion to Dismiss, or in the Alternative, Motion to Strike [Fed. R. Civ. P. 12(b)(6); 12(f)]) (Leahy, Emily) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc., Does 1 to 100, inclusive, filed by Plaintiff Juan Razo. Filed in State Court on 10/7/2020 Submitted with Attachment 1 Exhibit 1 to Notice of Removal #1 (car) |
| Filing 7 JOINDER filed by Defendant Cemex Inc joining in Notice of Removal (Attorney Civil Case Opening),,,, #1 . (Liu, Dorothy) |
| Filing 6 JOINDER filed by Defendant Cemex Trucking, Inc. joining in Notice of Removal (Attorney Civil Case Opening),,,, #1 . (Liu, Dorothy) |
| Filing 5 JOINDER filed by Defendant Cemex Construction Materials South, LLC joining in Notice of Removal (Attorney Civil Case Opening),,,, #1 . (Liu, Dorothy) |
| Filing 4 CIVIL COVER SHEET filed by Defendant Cemex Construction Materials Pacific, LLC. (Liu, Dorothy) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Cemex Construction Materials Pacific, LLC, identifying CEMEX Construction Materials Pacific, LLC, CEMEX, Inc., CEMEX, S.A.B. de C.V.. (Liu, Dorothy) |
| Filing 2 NOTICE of Related Case(s) filed by Defendant Cemex Construction Materials Pacific, LLC. Related Case(s): 5:18-CV-01563 (Liu, Dorothy) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV38623 Receipt No: ACACDC-29443248 - Fee: $402, filed by Defendant Cemex Construction Materials Pacific, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons to Defendant CEMEX Construction Materials Pacific LLC, #3 Exhibit Summons to Defendant CEMEX, Inc., #4 Exhibit Summons to DEFT CEMEX Construction Materials South, LLC, #5 Exhibit Summons to DEFT CEMEX Trucking, Inc., #6 Exhibit Civil Case Cover Sheet - State Court Action, #7 Exhibit Civil Case Cover Sheet Addendum and Statement of Location - State Court Action, #8 Exhibit Notice of Case Management Conference - State Court Action, #9 Exhibit Notice of Case Assignment - State Court Action, #10 Exhibit Service of Process Notices - State Court Action, #11 Exhibit Declaration of Oscar Frias Cantu in Support of Notice of Removal of Action, #12 Proof of Service to Notice of Removal) (Attorney Dorothy Sheng-Ing Liu added to party Cemex Construction Materials Pacific, LLC(pty:dft))(Liu, Dorothy) |
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