Rudi Vanegas v. DHL Express (USA), Inc., et al
| Rudi Vanegas |
| Does 1 to 20, inclusive and DHL Express (USA), Inc. |
| 2:2021cv01538 |
| February 19, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jacqueline Chooljian |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 Receipt of Order of Remand filed. (mrgo) |
| Filing 15 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court. (mrgo) |
Filing 14
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: granting #11 MOTION to Remand Case to State Court. For the reasons stated above, Defendant has failed to satisfy its burden of showing, by a preponderance of the evidence, that the amount in controversy exceeds $5,000,000 as required for federal jurisdiction under CAFA. The Court therefore grants Plaintiffs' Motion to Remand. This action is hereby remanded to the Superior Court of California, County of Los Angeles, case number 20STCV16014, for lack of subject matter jurisdiction. See 28 U.S.C. 1447(c). (See document for details). MD JS-6. Case Terminated. (mrgo)
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| Filing 13 REPLY SUPPORTING NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Plaintiff Rudi Vanegas. (Shakouri, Ashkan) |
| Filing 12 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Defendant DHL Express (USA), Inc.. (MacGregor, Elizabeth) |
| Filing 11 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs Rudi Vanegas. Motion set for hearing on 4/5/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Points & Authorities, #2 Proposed Order) (Shakouri, Ashkan) |
| Filing 10 RESPONSE filed by Defendant DHL Express (USA), Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines,,,,, #9 (Response to Order to Show Cause re Remand) (Attachments: #1 Declaration of Joshua Barcon, #2 Declaration of Elizabeth MacGregor)(MacGregor, Elizabeth) |
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Filing 9
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. In the Notice of Removal, Defendant alleges that the amount in controversy exceeds $5,000,000. (Removal at 10.) Defendant argues Plaintiffs allege Defendant had a "policy and/or practice of not authorizing and/or permitting their non-exempt employees, including Plaintiffs, to take lawful meal or rest breaks." (Id.) Defendants further allege plaintiff Vargas claims he was not provided with legally compliant meal and rest breaks for the "overwhelming majority of his shifts." (Id.) Defendant argues the amount in controversy is exceeded just by looking at Plaintiffs' meal and rest break claims, and does not address whether any of Plaintiffs' other claims for relief would satisfy the amount in controversy. For this reason, the Court hereby orders Defendant 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. Defendant's response to this Order to Show Cause shall be filed no later than March 5, 2021. (See document for full details) (mrgo)
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Filing 8
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 4/12/2021 at 10:30 AM before Judge Percy Anderson.) (See document for details) (mrgo)
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Filing 7
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jacqueline Chooljian. (esa) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant DHL Express (USA), Inc. identifying DHL as Corporate Parent. (Egan, Chantelle) |
| Filing 3 CIVIL COVER SHEET filed by Defendant DHL Express (USA), Inc.. (Egan, Chantelle) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant DHL Express (USA), Inc., (Egan, Chantelle) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV16014 Receipt No: ACACDC-30614064 - Fee: $402, filed by Defendant DHL Express (USA), Inc.. (Attachments: #1 Exhibit A - V, #2 Declaration of Joshua Barcon, #3 Declaration of Parnian Vafaeenia) (Attorney Chantelle C Egan added to party DHL Express (USA), Inc.(pty:dft))(Egan, Chantelle) |
| CONFORMED COPY OF COMPLAINT against defendants DHL Express (USA), Inc., Does, Jury Demanded, filed by plaintiff Rudi Vanegas. (filed in state court 4/24/20, submitted as document 1, attachment 1, p. 25) (esa) Modified on 2/19/2021 (esa). |
| CONFORMED COPY OF FIRST AMENDED ANSWER to First Amended Complaint filed by defendant DHL Express (USA), Inc. (filed in state court 10/16/20, submitted as document 1, attachment 1, p. 62)(esa) Modified on 2/19/2021 (esa). |
| CONFORMED COPY OF ANSWER to First Amended Complaint filed by defendant DHL Express (USA), Inc. (filed in state court 10/9/20, submitted as document 1, attachment 1, p. 156)(esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Rudi Vanegas, upon Defendant DHL Express (USA), Inc. served on 5/29/2020. Service of the Summons and Complaint were executed upon CT Corporation, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 6/5/20, submitted as document 1, attachment 1, p. 93) (esa) |
| COPY OF FIRST AMENDED COMPLAINT against defendants DHL Express (USA), Inc., Does, filed by plaintiff Rudi Vanegas. (non-conformed, submitted as document 1, attachment 1, p. 2)(esa) |
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