Michael Thai v. Team Industrial Services, Inc.
| Michael Thai |
| Team Industrial Services, Inc. and Does 1 through 50, inclusive |
| Alex Esqueda |
| 2:2021cv03319 |
| April 16, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Gail J Standish |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 STIPULATION to Dismiss Case pursuant to Fed. R. Civ.P. 41 without prejudice filed by PLAINTIFF Alex Esqueda. (Attachments: #1 [PROPOSED] ORDER GRANTING STIPULATION TO DIMISS ACTION WITHOUT PREJUDICE CASE)(Mauro, Gregory) |
| Filing 47 Receipt of Remand by Los Angeles County Superior Court on 4/15/2022 (lc) |
| Filing 46 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, No. 19STCV21953. (lc) |
Filing 45
ORDER GRANTING STIPULATION TO REMAND ACTION TO STATE COURT #44 by Judge Fernando L. Aenlle-Rocha: 1) Case to Los Angeles County Superior Court, Case number 19STCV21953. 2) The court retains jurisdiction to reopen the consolidated Alex Esqueda v. Team Inustrial Services, Inc., et al., Case No. 2:21-cv-03321-FLA (GJSx) (the Esqueda Action), within sixty (60) days from the date of this Orde. 3)This Order does not preclude the filing of a stipulation of dismissal withprejudice pursuant to Fed. R. Civ. P. 41, which does not require approval ofthe court. Case Terminated. Made JS-6 (lc)
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| Filing 44 Joint STIPULATION to Remand Case to State Court filed by Plaintiff Michael Thai. (Attachments: #1 Proposed Order)(Ronan, Andrew) |
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Filing 43
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court has received and reviewed the parties' joint status report, filed February 25, 2022. (Dkt. #42 ). For good cause shown, the court ORDERS the parties to file the proposed stipulation to remand the action to Los Angeles Superior Court or a further joint status report on or before March 31, 2022. If the parties file a further joint status report, said report must include details regarding the dates of the parties' settlement communications, sufficient to demonstrate diligence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 42 STATUS REPORT Regarding Settlement filed by Defendant Team Industrial Services, Inc.. (McNairy, James) |
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Filing 41
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court has received and reviewed the parties' status report regarding settlement, filed January 21, 2022. (Dkt. #40 ). For good cause shown, the court ORDERS the parties to file a motion for preliminary approval of settlement or a further joint status report regarding the status of the settlement by February 25, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 40 STATUS REPORT Regarding Settlement filed by Defendant Team Industrial Services, Inc.. (McNairy, James) |
| Filing 39 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has received and reviewed the parties' Notice of Settlement in Principle and Stipulated Request to Vacate All Dates ("Notice of Settlement"), filed November 19, 2021, (Dkt. #38 ). Pursuant to the Notice of Settlement and finding good cause therefor, the court VACATES all currently scheduled dates and deadlines in this action, as well as the court's order for the parties to submit a Fed. R. Civ. P. 26(f) report, and ORDERS the parties to file a motion for preliminary approval of settlement or joint status report regarding the settlement by January 21, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
| Filing 38 NOTICE of Settlement in Principle and Stipulated Request to Vacate All Dates filed by Defendant Team Industrial Services, Inc.. (Attachments: #1 Proposed Order)(McNairy, James) |
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Filing 37
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 12/3/2021 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (jre)
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Filing 36
ORDER (1) DENYING PLAINTIFFS MOTION TO REMAND #13 ; (2) DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #23 ; AND (3) CONSOLIDATING ACTION WITH RELATED CASE ALEX ESQUEDA VS TEAM INDUSTRIAL SERVICES, INC.ET AL, CASE NO. 2:21-cv-3321-FLA (GJSx) by Judge Fernando L. Aenlle-Rocha : Plaintiff's Motion to Remand, is DENIED . The Court DENIES Plaintiffs Motion for Leave to File a First Amended Complaint. The Court CONSOLIDATES the two actions for all purposes including, but not limited to, discovery, pretrial proceedings, and trial. No further filings shall be made or accepted in the Esqueda action, and the file shall be administratively closed. All pleadings therein shall maintain their legal relevance. Any further pleadings or other filings received by the Clerk of Court for Case No. 2:21-cv-03321-FLA (GJSx) shall be filed in the consolidated action bearing Case No. 2:21-cv-03319-FLA (GJSx). (lc) Modified on 10/1/2021 (lc).
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Filing 35
STIPULATED PROTECTIVE ORDER #33 by Magistrate Judge Gail J. Standish. [See document for details.] (es)
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| Filing 34 NOTICE OF LODGING filed by Defendant Team Industrial Services, Inc. re Stipulation for Protective Order #33 (McNairy, James) |
| Filing 33 Joint STIPULATION for Protective Order filed by Defendant Team Industrial Services, Inc..(McNairy, James) |
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Filing 32
AMENDED TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT #13 AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #23 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that plaintiff's motions currently scheduled for hearing on July 23, 2021, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. Plaintiff's Request for Telephonic Appearance for Plaintiff's Motion to Remand Case to State Court and Motion for Leave to File First Amended Complaint is DENIED as moot.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 31
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT #13 AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #23 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that plaintiff's motions currently scheduled for hearing on July 23, 2021, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave of Christine T. LeVu to Appear for Telephonic Hearing on Motion to Remand and Motion for Leave to File First Amended Complaint #29 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Filer set additional hearing for 7/23/21 1:30 PM on the request; Missing proposed order. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 29 REQUEST for Leave of Christine T. LeVu to Appear for Telephonic Hearing on Motion to Remand and Motion for Leave to File First Amended Complaint filed by Plaintiff Michael Thai. Request set for hearing on 7/23/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (LeVu, Christine) |
| Filing 28 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #13 filed by Defendant Team Industrial Services, Inc.. (Attachments: #1 Declaration Declaration of Kevin Gamble In Support of Defendant Team's Supplemental Briefing)(McNairy, James) |
| Filing 27 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #13 filed by Plaintiff Michael Thai. (Attachments: #1 Declaration DECLARATION OF CHRISTINE T. LEVU IN SUPPORT OF PLAINTIFFS SUPPLEMENTAL BRIFING IN SUPPORT OF PLAINTIFFS MOTION TO REMAND, #2 Declaration DECLARATION OF APARAJIT BHOWMIK IN SUPPORT OF PLAINTIFFS SUPPLEMENTAL BRIFING IN SUPPORT OF PLAINTIFFS MOTION TO REMAND)(LeVu, Christine) |
| Filing 26 REPLY in support of motion NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #23 filed by Plaintiff Michael Thai. (LeVu, Christine) |
| Filing 25 OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #23 filed by Defendant Team Industrial Services, Inc.. (McNairy, James) |
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Filing 24
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER RE: SUPPLEMENTAL BRIEFING ON PLAINTIFF'S MOTION TO REMAND #11 . No later than July 9, 2021, each of the parties shall submit supplemental briefs not toexceed 25 pages in compliance with L.R. 11-6 and in accordance with the court's instructions above. The court RESETS Plaintiff's Motion to Remand for hearing on July 23, 2021 at 1 :30 PM #13 . (lc)
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| Filing 23 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Michael Thai. Motion set for hearing on 7/23/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT, #2 Declaration OF APARAJIT BHOWMIK, #3 Declaration OF CHRISTINE T. LEVU, #4 NOTICE OF LODGING, #5 Proposed Order) (LeVu, Christine) |
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Filing 22
ORDER DENYING DEFENDANT TEAM INDUSTRIAL SERVICES, INC.S EX PARTE APPLICATION FOR LEAVE TO FILE A SUR-REPLY TO PLAINTIFF MICHAEL THAIS MOTION FOR REMAND #19 by Judge Fernando L. Aenlle-Rocha (lc)
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| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Withdraw #19 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Exparte: Leave to File Document. Document was Not ex parte to "WITHDRAW", but for Leave to file surreply and Missing proposed order which should have been submitted as a separate attachment. Other error(s) with document(s): Note: 1) To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 2) As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 20 OPPOSITION re: EX PARTE APPLICATION to Withdraw #19 filed by Plaintiff Michael Thai. (Herman, Jeffrey) |
| Filing 19 EX PARTE APPLICATION to Withdraw filed by Defendant Team Industrial Services, Inc.. (Attachments: #1 Declaration Declaration of Michael Cross ISO Ex Parte Application for Leave to File Sur-Reply to Motion to Remand, #2 Supplement Proposed Sur-Reply to Motion to Remand) (McNairy, James) |
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Filing 18
TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFFS MOTION TO REMAND CASE TO STATE COURT #13 by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, continues the motion from June 18, 2021 to July 2, 2021 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 17 REPLY to Defendants Opposition to Plaintiffs Motion to Remand Case to State Court filed by Plaintiff Michael Thai. (Attachments: #1 Declaration Supplemental Declaration of Jeffrey S. Herman in Support of Plaintiffs Motion to Remand Case to State Court, #2 Plaintiffs Objections and Request to Strike Evidence Submitted by Defendant in Opposition of Plaintiffs Motion to Remand, #3 Certificate of Service)(Herman, Jeffrey) |
| Filing 16 MEMORANDUM in Opposition to Plaintiff Michael Thai's Motion to Remand Case to State Court filed by Defendant Team Industrial Services, Inc.. (Attachments: #1 Declaration Declaration in Opposition to Plaintiff's Motion for Remand)(McNairy, James) |
| Filing 15 STATEMENT Facts in Support of Notice of Related Cases filed by Defendant Team Industrial Services, Inc. (Attachments: #1 Declaration)(McNairy, James) |
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Filing 14
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
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| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles filed by Plaintiff Michael Thai. Motion set for hearing on 6/18/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand Case to State Court, #2 Declaration of Jeffrey S. Herman in Support of Plaintiff's Motion to Remand Case to State Court, #3 Proposed Order Granting Plaintiff's Motion to Remand Case To State Court) (Herman, Jeffrey) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney James D McNairy counsel for Defendant Team Industrial Services, Inc.. Mark A. Gorton 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 Team Industrial Services, Inc.. (McNairy, James) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER RE DEFENDANT'S NOTICE OF RELATED CASES #5 .The notice is deficient and lacks sufficient detail to enable this court to determine whether the two actions are related. The court ORDERS Defendant to file by May 14, 2021 a brief factual statement that describes in detail the nature and similarities of (1) each Plaintiffs claims, (2) the specific factual allegations involved, and (3) the specific questions of law that will need to be decided, along with the specific reasons there would be a substantial duplication of labor if the actions were heard by different judges. (lc)
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-03319-FLA-GJSx. (aco)
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| Filing 9 NOTICE of Appearance filed by attorney Christine LeVu on behalf of Plaintiff Michael Thai (Attorney Christine LeVu added to party Michael Thai(pty:pla))(LeVu, Christine) |
| Filing 8 NOTICE of Appearance filed by attorney Andrew Gavin Ronan on behalf of Plaintiff Michael Thai (Attorney Andrew Gavin Ronan added to party Michael Thai(pty:pla))(Ronan, Andrew) |
| Filing 7 NOTICE of Appearance filed by attorney Jeffrey Scott Herman on behalf of Plaintiff Michael Thai (Attorney Jeffrey Scott Herman added to party Michael Thai(pty:pla))(Herman, Jeffrey) |
| Filing 6 NOTICE of Appearance filed by attorney Aparajit Bhowmik on behalf of Plaintiff Michael Thai (Bhowmik, Aparajit) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant Team Industrial Services, Inc.. Related Case(s): 2:21-cv-03321 (McNairy, James) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet, No. 2 Unredacted Document (CV-30), No. 3 Unredacted Document (Corporate Disclosure Statement), No. 5 Unredacted Document (Request for Judicial Notice) should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does, Team Industrial Services, Inc. Jury Demanded, filed by Plaintiff Michael Thai. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/24/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Team Industrial Services, Inc. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/29/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 19stcv21953 Receipt No: ACACDC-31133904 - Fee: $402, filed by defendant Team Industrial Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Exhibit to Notice of Removal) (Attorney Mark Gorton added to party Team Industrial Services, Inc.(pty:dft))(Gorton, Mark) |
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