California Grocers Association v. City of Long Beach
Defendant: City of Long Beach
Petitioner: California Grocers Association
Intervenor: United Food & Commercial Workers Local 324
Case Number: 2:2021cv00524
Filed: January 20, 2021
Court: US District Court for the Central District of California
Presiding Judge: Dolly M Gee
Referring Judge: Alka Sagar
2 Judge: James V Selna
3 Judge: Otis D Wright
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2021 Opinion or Order Filing 61 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #42 , USCA Memorandum/Opinion/Order, #60 , CCA # 21-55174. The judgment of this Court, entered August 24, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car)
August 24, 2021 Opinion or Order Filing 60 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #42 filed by plaintiff California Grocers Association. CCA # 21-55174. Because the district courts order denying preliminary injunctive relief has merged into the final judgment entered on August 9, 2021, Appellant's motion to dismiss is denied as moot. DISMISSED. (lc) Modified on 8/25/2021 (lc).
August 9, 2021 Opinion or Order Filing 59 JUDGMENT by Judge Otis D. Wright, II: Pursuant to the Court's Order Granting Defendants' Motions to Dismiss #58 : 1. Plaintiff shall recover nothing from Defendants. 2. Plaintiff's Amended Complaint is dismissed on the merits and with prejudice. (MD JS-6, Case Terminated). (lc)
August 9, 2021 Opinion or Order Filing 58 ORDER GRANTING MOTIONS TO DISMISS #51 , #52 by Judge Otis D. Wright, II: Defendants' Motions to Dismiss are GRANTED. As the Court finds that any amendment would be futile, Plaintiff California Grocers Association's claims are DISMISSED WITH PREJUDICE. The Court will issue Judgment. (lc)
April 22, 2021 Opinion or Order Filing 57 NOTICE of Appearance filed by attorney Jeffrey V Dunn on behalf of Defendant City of Long Beach (Attorney Jeffrey V Dunn added to party City of Long Beach(pty:dft))(Dunn, Jeffrey)
April 20, 2021 Opinion or Order Filing 56 The hearing on the MOTION to Dismiss #51 #52 , scheduled for April 26, 2021 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
April 12, 2021 Opinion or Order Filing 55 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint #52 filed by Defendant City of Long Beach. (Pisano, Christopher)
April 12, 2021 Opinion or Order Filing 54 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss #51 filed by Intervenor United Food & Commercial Workers Local 324. (More, Paul)
April 5, 2021 Opinion or Order Filing 53 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss #51 , NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint #52 Consolidated Opposition to Defendant and Intervenor's Motions to Dismiss Amended Complaint filed by Plaintiff California Grocers Association. (Tarantino, William)
March 24, 2021 Opinion or Order Filing 52 NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint filed by Defendant City of Long Beach. Motion set for hearing on 4/26/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Dismiss Amended Complaint) (Pisano, Christopher)
March 24, 2021 Opinion or Order Filing 51 NOTICE OF MOTION AND MOTION to Dismiss filed by Intervenor United Food & Commercial Workers Local 324. Motion set for hearing on 4/26/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order granting United Food & Commercial Workers Local 324s Motion to Dismiss Amended Complaint) (More, Paul)
March 20, 2021 Opinion or Order Filing 50 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/23/21 re Transcript #49 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kleeger, Sheri) TEXT ONLY ENTRY
March 20, 2021 Opinion or Order Filing 49 TRANSCRIPT for proceedings held on 2/23/21 11am. Court Reporter/Electronic Court Recorder: Sheri S. Kleeger, phone number 2138946604. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/12/2021. Redacted Transcript Deadline set for 4/20/2021. Release of Transcript Restriction set for 6/18/2021. (Kleeger, Sheri)
March 12, 2021 Opinion or Order Filing 48 MINUTES In Chambers by Judge Otis D. Wright, II. As the pending Motion to Dismiss concerns a complaint that is no longer operative, the Motion to Dismiss (ECF No. #39 ) is DENIED as moot. (lom)
March 10, 2021 Opinion or Order Filing 47 First AMENDED COMPLAINT against Defendant City of Long Beach amending Complaint (Attorney Civil Case Opening) #2 , filed by Plaintiff California Grocers Association(Tarantino, William)
March 8, 2021 Opinion or Order Filing 46 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss #39 filed by Intervenor United Food & Commercial Workers Local 324. (More, Paul)
March 2, 2021 Opinion or Order Filing 45 TRANSCRIPT ORDER re: Court of Appeals case number 21-55174, as to Plaintiff California Grocers Association for Court Reporter. Court will contact Kristin Marttila at KMarttila@mofo.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tarantino, William)
February 26, 2021 Opinion or Order Filing 44 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55174 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #42 as to Plaintiff California Grocers Association. (car)
February 26, 2021 Opinion or Order Filing 43 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #42 . (Tarantino, William)
February 26, 2021 Opinion or Order Filing 42 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff California Grocers Association. Appeal of Order on Motion for Temporary Restraining Order, #41 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-30750675.) (Tarantino, William)
February 25, 2021 Opinion or Order Filing 41 ORDER DENYING PRELIMINARY INJUNCTION #18 by Judge Otis D. Wright, II: Plaintiff CGA fails to establish a likelihood of success on any of its claims. Thus, the Court need not consider the remaining Winter factors. CGAs motion for a preliminary injunction is DENIED. (lc)
February 23, 2021 Opinion or Order Filing 40 MINUTES OF Hearing held before Judge Otis D. Wright, II: RE EX PARTE APPLICATION for Temporary Restraining Order - Prelim. Injunction #18 . The case is called, zoom appearances are made. The Court having carefully considered the papers and having heard the oral argument of counsel, takes the matter under submission. A detailed order will issue. Court Reporter: Sheri Kleeger(zoom). (lc)
February 17, 2021 Opinion or Order Filing 39 NOTICE OF MOTION AND MOTION to Dismiss filed by Intervenor United Food & Commercial Workers Local 324. Motion set for hearing on 3/22/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order granting United Food & Commercial Workers Local 324s Motion to Dismiss) (More, Paul)
February 16, 2021 Opinion or Order Filing 38 RESPONSE filed by Plaintiff California Grocers Associationto Objection/Opposition (Motion related), #34 Plaintiff California Grocers Association's Response To Defendant's Objections to Plaintiff's Evidence Filed In Support Of Motion For Preliminary Injunction (Attachments: #1 Declaration Of William F. Tarantino)(Tarantino, William)
February 16, 2021 Opinion or Order Filing 37 MINUTE ORDER In Chambers by Judge Otis D. Wright, II. In light of the recent case transfers, the hearing on Plaintiff's motion for preliminary injunction, originally set for February 19, 2021, will now be heard on February 23, 2021, at 10:00 a.m. before the Honorable Otis D. Wright, II. (lom)
February 16, 2021 Opinion or Order Filing 36 ORDER GRANTING UNITED FOOD & COMMERCIAL WORKERS LOCAL 324's UNOPPOSED MOTION TO INTERVENE #27 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED that leave is GRANTED for United Food & Commercial Workers Local 324 to intervene in this action as a defendant. Intervenor shall file the motion to dismiss appended to its motion within three business days after entry of this order. (lom)
February 12, 2021 Opinion or Order Filing 35 STIPULATION Extending Time to Answer the complaint as to City of Long Beach answer now due 3/19/2021, filed by DEFENDANT City of Long Beach.(Pisano, Christopher)
February 12, 2021 Opinion or Order Filing 34 OBJECTION to Plaintiff's Evidence Filed with Reply Brief in Support of Application for Preliminary Injunction re: EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance #18 filed by Defendant City of Long Beach. (Pisano, Christopher)
February 11, 2021 Opinion or Order Filing 33 COUNSEL ARE NOTIFIED, the MOTION to Intervene #27 , is set on March 22, 2012 at 1:30 pm before the Honorable Otis D. Wright, II.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
February 11, 2021 Opinion or Order Filing 32 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge James V. Selna. Case transferred from Judge James V. Selna to the calendar of Judge Otis D. Wright, II for all further proceedings. Case number now reads as 2:21-cv-00524 ODW(ASx). (rn)
February 10, 2021 Opinion or Order Filing 31 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to the calendar of Judge James V. Selna for all further proceedings. Case number now reads as 2:21-cv-00524 JVS(ASx). (rn)
February 10, 2021 Opinion or Order Filing 30 NOTICE of Interested Parties filed by Proposed Intervenor United Food & Commercial Workers Local 324, identifying Food 4 Less of California, Inc, Ralphs Grocery Company, Albertsons LLC and Vons Companies, Gelsons Markets, Stater Bros. Markets, Whole Foods Market California, Inc., Trader Joes Co., Aldi U.S. Inc., Smart & Final Stores, Inc., Northgate Markets. (More, Paul)
February 10, 2021 Opinion or Order Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Intervenor United Food & Commercial Workers Local 324 (More, Paul)
February 9, 2021 Opinion or Order Filing 28 Plaintiff California Grocers Association's Supplemental Certification And Notice Of Interested Parties CERTIFICATE of Interested Parties filed by Plaintiff California Grocers Association, identifying United Food & Commercial Workers International Union, Local 324; Food 4 Less of California, Inc.; Ralph's Grocery Company; Albertson's LLC and Vons Companies; Gelson's Markets; Bodega Latina Corporation d/b/a El Super; Stater Bros. Markets; UFCW Union Local 135; UFCW Union Local 770; UFCW Union Local 1167; UFCW Union Local 1428; UFCW Union Local 1442; UFCW Union Local 8-GS. (Tarantino, William)
February 9, 2021 Opinion or Order Filing 27 NOTICE OF MOTION AND MOTION to Intervene filed by Proposed Intervenor United Food & Commercial Workers Local 324. Motion set for hearing on 3/12/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A and B to Unopposed Motion to Intervene, #2 Proposed Order) (Attorney Paul L More added to party United Food & Commercial Workers Local 324(pty:intv)) (More, Paul)
February 5, 2021 Opinion or Order Filing 26 REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance #18 Reply in Support of Motion for Preliminary Injunction filed by Plaintiff California Grocers Association. (Attachments: #1 Declaration of Teshawn Leslie, #2 Declaration of Brad Williams, #3 Declaration of John Franklin, #4 Declaration of Manuel Anaya, #5 Declaration of Remberto Martinez, #6 Declaration of William E. Smith, #7 Declaration of William F. Tarantino)(Tarantino, William)
February 4, 2021 Opinion or Order Filing 25 NOTICE of Related Case(s) filed by Plaintiff California Grocers Association. Related Case(s): 2:21-cv-01011-FLA (AGRx) (Tarantino, William)
January 29, 2021 Opinion or Order Filing 24 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance #18 Supplemental Opposition filed by Defendant City of Long Beach. (Attachments: #1 Declaration Matthew Bell Supplemental Declaration, #2 Declaration John Keisler Declaration, #3 Declaration Annisa Davis Declaration)(Pisano, Christopher)
January 25, 2021 Opinion or Order Filing 23 21-Day Summons Issued re Corrected Complaint #9 as to Defendant City of Long Beach. (gk)
January 22, 2021 Opinion or Order Filing 22 MINUTE (IN CHAMBERS) ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER #18 by Judge Dolly M. Gee. In light of the foregoing, IT IS HEREBY ORDERED that: 1. The Court DENIES Plaintiff's TRO Application to the extent it seeks relief on an ex parte basis; 2. Defendant may file its supplemental opposition, if any, to Plaintiff's motion for a preliminary injunction by January 29, 2021; 3. Plaintiff may file its reply to Defendant's opposition by February 5, 2021; 4. The hearing on Plaintiff's motion for a preliminary injunction shall be on February 19, 2021 at 10:00 a.m.; and 5. IF AT ANY TIME BEFORE THE FEBRUARY 19, 2021 HEARING THE PARTIES STIPULATE TO ANY FORM OF INTERIM RELIEF, THEY SHALL IMMEDIATELY INFORM THE COURT OF THAT DEVELOPMENT. (See order for details.) (kti)
January 22, 2021 Opinion or Order Filing 21 DECLARATION of Daniel Richards in support of Opposition to TRO EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance #18 filed by Defendant City of Long Beach. (Attachments: #1 Exhibit Exhibit A to Daniel Richards Declaration, #2 Exhibit Exhibit B to Daniel Richards Declaration Declaration, #3 Exhibit Exhibit C to Daniel Richards Declaration, #4 Exhibit Exhibit D to Daniel Richards Declaration, #5 Exhibit Exhibit E to Daniel Richards Declaration, #6 Exhibit Exhibit F to Richards Declaration, #7 Exhibit Exhibit G to Richards Declaration, #8 Exhibit Exhibit H to Richards Declaration, #9 Exhibit Exhibit I to Richards Declaration, #10 Exhibit Exhibit J to Richards Declaration, #11 Exhibit Exhibit K to Richards Declaration, #12 Exhibit Exhibit L to Richards Declaration, #13 Exhibit Exhibit M to Richards Declaration, #14 Exhibit Exhibit N to Richards Declaration, #15 Exhibit Exhibit O to Richards Declaration, #16 Exhibit Exhibit P to Richards Declaration, #17 Exhibit Exhibit Q to Richards Declaration, #18 Exhibit Exhibit R to Richards Declaration, #19 Exhibit Exhibit S to Richards Declaration, #20 Exhibit Exhibit T to Richards Declartion, #21 Exhibit Exhibit U to Richards Declartion, #22 Exhibit Exhibit V to Richards Declaration, #23 Exhibit Exhibit W to Richards Declaration, #24 Exhibit Exhibit X to Richars Declaration)(Pisano, Christopher)
January 22, 2021 Opinion or Order Filing 20 Opposition to Motion for TRO Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance #18 filed by Defendant City of Long Beach. (Attachments: #1 Declaration Matthew Bell Declaration, #2 Appendix Request for Judicial Notice)(Attorney Christopher M Pisano added to party City of Long Beach(pty:dft))(Pisano, Christopher)
January 22, 2021 Opinion or Order Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff California Grocers Association, upon Defendant City of Long Beach served on 1/21/2021, answer due 2/11/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Tarantino, William)
January 21, 2021 Opinion or Order Filing 18 EX PARTE APPLICATION for Temporary Restraining Order as to re Long Beach City Council Premium Pay Ordinance filed by Plaintiff California Grocers Association. (Attachments: #1 Declaration of Ronald Fong in support of Temporary Restraining Order, #2 Declaration of Leroy Westmoreland in support of Temporary Restraining Order, #3 Declaration of William Tarantino in support of Temporary Restraining Order, #4 Declaration of William Tarantino regarding Notice to City of Long Beach, #5 Proposed Order granting Ex Parte Application for Temporary Restraining Order, #6 Proposed Order to show cause re issuance of Preliminary Injunction) (Tarantino, William)
January 21, 2021 Opinion or Order Filing 17 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
January 21, 2021 Opinion or Order Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #9 filed by Plaintiff California Grocers Association. (Tarantino, William)
January 21, 2021 Opinion or Order Filing 15 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: MISC - Other Miscellaneous Case #1 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Civil Cover Sheet (CV-71). You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap)
January 21, 2021 Opinion or Order Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening) #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap)
January 21, 2021 Opinion or Order Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
January 21, 2021 Opinion or Order Filing 12 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (ghap)
January 20, 2021 Opinion or Order Filing 11 CORPORATE DISCLOSURE STATEMENT filed by Movant California Grocers Association (Tarantino, William)
January 20, 2021 Opinion or Order Filing 10 NOTICE of Interested Parties filed by Plaintiff California Grocers Association, (Tarantino, William)
January 20, 2021 Opinion or Order Filing 9 COMPLAINT with filing fee previously paid (402.00 paid on 01/20/2021, receipt number 30136148), filed by Plaintiff California Grocers Association.(Tarantino, William)
January 20, 2021 Opinion or Order Filing 8 NOTICE OF ERRATA filed by Movant California Grocers Association. correcting Complaint (Attorney Civil Case Opening) #2 , Complaint (Attorney Civil Case Opening) #4 , Complaint (Attorney Civil Case Opening) #5 , Complaint (Attorney Civil Case Opening) #3 , Complaint (Attorney Civil Case Opening) #6 (Tarantino, William)
January 20, 2021 Opinion or Order Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiff California Grocers Association. (Tarantino, William)
January 20, 2021 Opinion or Order Filing 6 CERTIFICATE OF SERVICE- FILED as COMPLAINT with filing fee previously paid ($402 paid on 01/20/2021, receipt number 097601), filed by Plaintiff California Grocers Association.(Tarantino, William) Modified on 1/21/2021 (ghap).
January 20, 2021 Opinion or Order Filing 5 CERTIFICATION AND NOTICE OF INTERESTED PARTIES- FILED as COMPLAINT with filing fee previously paid ($402 paid on 01/20/2021, receipt number 097601), filed by Plaintiff California Grocers Association.(Tarantino, William) Modified on 1/21/2021 (ghap).
January 20, 2021 Opinion or Order Filing 4 CORPORATE DISCLOSURE STATEMENT-FILED as COMPLAINT with filing fee previously paid ($402 paid on 01/20/2021, receipt number 097601), filed by Plaintiff California Grocers Association.(Tarantino, William) Modified on 1/21/2021 (ghap).
January 20, 2021 Opinion or Order Filing 3 SUMMONS REQUEST-FILED as COMPLAINT with filing fee previously paid ($402 paid on 01/20/2021, receipt number 097601), filed by Plaintiff California Grocers Association.(Tarantino, William) Modified on 1/21/2021 (ghap).
January 20, 2021 Opinion or Order Filing 2 COMPLAINT Receipt No: ACACDC-30136148 - Fee: $402, filed by Plaintiff California Grocers Association.(Tarantino, William)
January 20, 2021 Opinion or Order Filing 1 CIVIL COVER SHEET Receipt No: ACACDC-30135195 - Fee: $49, filed by Plaintiff California Grocers Association. (Attorney William F Tarantino added to party California Grocers Association(pty:bkmov))(Tarantino, William)

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Petitioner: California Grocers Association
Represented By: William F Tarantino
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Defendant: City of Long Beach
Represented By: Christopher M Pisano
Represented By: Jeffrey V Dunn
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Intervenor: United Food & Commercial Workers Local 324
Represented By: Paul L More
Represented By: Luke Noah Dowling
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