Miller v. Roadrunner Temperature Controlled, LLC
| Jamison Miller |
| Roadrunner Temperature Controlled, LLC and DOES 1-100 |
| 2:2021cv03381 |
| April 20, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Virginia A Phillips |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER IF DISMISSAL by Judge Virginia A. Phillips. IT IS ORDERED that this action be, and hereby is, dismissed in its entirety without prejudice. THE COURT will retain jurisdiction for a period of sixty (60) days to enforce the terms of the settlement. All pending dates are hereby vacated. (yl)
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Filing 32
ORDER OF DISMISSAL by Judge Virginia A. Phillips. IT IS ORDERED that this action be, and hereby is, dismissed in its entirety without prejudice. THE COURT will retain jurisdiction for a period of sixty (60) days to enforce the terms of the settlement. All pending dates are hereby vacated. (Made JS-6. Case Terminated.) (yl)
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Roadrunner Temperature Controlled, LLC. Sylvia J. Kim 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 ROADRUNNER TEMPERATURE CONTROLLED. (Beldner, Sabrina) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Roadrunner Temperature Controlled, LLC. Kerri H. Sakaue 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 ROADRUNNER TEMPERATURE CONTROLLED. (Beldner, Sabrina) |
| Filing 29 NOTICE of Withdrawal of Motion to Transfer Without Prejudice Pending Anticipated Dismissal of Action filed by Defendant Roadrunner Temperature Controlled, LLC. [Dkt #14, #16] (Beldner, Sabrina) |
| Filing 28 DECLARATION of Geno Canon in support of NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens #14 filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Exhibit A ISO Declaration of Geno Canon [REDACTED])(Kim, Sylvia) |
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Filing 27
ORDER GRANTING DEFENDANT'S UNOPPOSED EX PARTE APPLICATION (1) TO SEAL THE DECLARATION OF GENO CANNON [DKT. #14-1] AND (2) FOR LEAVE TO FILE A REDACTED VERSION OF THE DECLARATION OF GENO CANNON by Judge Virginia A. Phillips: The Application shall be and hereby is GRANTED. The Declaration of Geno Cannon Dkt. #14-1, shall be and hereby is sealed in its entirety; and Defendant is hereby ORDERED to file the redacted version of the Declaration of Geno Cannon to comply with Fed. R. Civ. P. 5.2 and Local Rule 5.2-1, that is attached to the Declaration of Sylvia J. Kim in support of the Application, within one (1) court day of the entry of this Order. IT IS SO ORDERED. (yl)
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Filing 26
ORDER APPROVING JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO TRANSFER ACTION TO DISTRICT OF NEBRASKA FOR FORUM NON CONVENIENS PURSUANT TO 28 U.S.C. 1404(a) TO FACILITATE SETTLEMENT by Judge Virginia A. Phillips #25 . The hearing on Defendant's FNC Motion shall be and hereby is continued from August 30, 2021 to October 4, 2021 at 2:00 p.m. By entering into this Stipulation, Defendant shall not be deemed to have waived, and expressly reserves, all defenses and challenges that may later be asserted in this action. IT IS SO ORDERED. (yl)
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| Filing 25 Joint STIPULATION to Continue Hearing On Defendants Motion To Transfer Action To District of Nebraska For Forum Non Conveniens Pursuant To 28 U.S.C. 1404(A) from 08/30/2021 to 10/04/2021 filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
| Filing 24 EX PARTE APPLICATION for Order To Seal The Declaration Of Geno Cannon [Dkt. #14-1] and For Leave To File A Redacted Version Of The Declaration Of Geno Cannon filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order) (Kim, Sylvia) |
| Filing 23 EVIDENTIARY OBJECTIONS support re: NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens #14 Evidentiary Objections to Miller Declaration in Response to Motion to Transfer filed by Defendant Roadrunner Temperature Controlled, LLC. (Kim, Sylvia) |
| Filing 22 REPLY in Support of Motion to Transfer NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens #14 filed by Defendant Roadrunner Temperature Controlled, LLC. (Kim, Sylvia) |
| Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens #14 PLAINTIFF JAMISON MILLERS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION TO TRANSER ACTION TO DISTRICT OF NEBRASKA FOR FORUM NON CONVENIENS PURSUANT TO 28 U.S.C. 1404(a) filed by Plaintiff Jamison Miller. (Attachments: #1 Declaration DECLARATION OF PLAINTIFF JAMISON MILLER IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO TRANSER ACTION TO DISTRICT OF NEBRASKA FOR FORUM NON CONVENIENS PURSUANT TO 28 U.S.C. 1404(a))(Crosner, Zachary) |
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Filing 20
ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANTS DEADLINE TO FILE RESPONSIVE PLEADING TO PLAINTIFFS FIRST AMENDED COMPLAINT by Judge Virginia A. Phillips #19 . Having reviewed the Stipulation, and finding good cause exists for the relief requested therein, the Stipulation is hereby GRANTED. Defendant's deadline to file and serve any answer, motions, or other pleadings responsive to Plaintiffs FAC shall be and hereby is extended to twenty-one (21) days (See document for further details) (yl)
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| Filing 19 Joint STIPULATION for Extension of Time to File Answer filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
| Filing 18 FIRST AMENDED CLASS ACTION AND REPRESENTATIVE COMPLAINT FOR VIOLATION OF PRIVATE ATTORNEYS GENERAL ACT, CAL. LABOR CODE SECTIONS 2698, et seq. JURY TRIAL DEMANDED AMENDED COMPLAINT All Defendants amending Complaint - (Discovery), filed by JAMISON MILLER Jamison Miller(Crosner, Zachary) |
| Filing 17 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) #15 Amended Notice of Defendants Alternative Motion to Dismiss And/Or Strike Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) And/Or 12(F) [Dkt. #15] filed by Defendant Roadrunner Temperature Controlled, LLC. (Kim, Sylvia) |
| Filing 16 **WITHDRAWN AS OF 9-15-21** Amendment to NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens #14 Amended Notice of Defendants Motion to Transfer Action To District Of Nebraska For Forum Non Conveniens Pursuant To 28 U.S.C. 1404(A) [Dkt. #14] filed by Defendant Roadrunner Temperature Controlled, LLC. (Kim, Sylvia) Modified on 9/16/2021 (yl). |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) filed by Defendant Roadrunner Temperature Controlled, LLC. Motion set for hearing on 8/9/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Appendix, #2 Proposed Order) (Kim, Sylvia) |
| Filing 14 **WITHDRAWN AS OF 9-15-21** NOTICE OF MOTION AND MOTION to Transfer Case to District of Nebraska for Forum Non Conveniens filed by Defendant Roadrunner Temperature Controlled, LLC. Motion set for hearing on 8/9/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Declaration of Geno Cannon, #2 Proposed Order) (Kim, Sylvia) Modified on 9/16/2021 (yl). |
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Filing 13
ORDER GRANTING JOINT STIPULATION TO FURTHER EXTEND DEFENDANT'S DEADLINE TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT TO JULY 2, 2021 by Judge Virginia A. Phillips #12 Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Complaint in this action shall be and hereby is extended by 15 days to and including July 2, 2021 (See document for further details) (yl)
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| Filing 12 Joint STIPULATION for Extension of Time to File Answer to July 2, 2021 filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 11
ORDER GRANTING JOINT STIPULATION TO FURTHER EXTEND DEFENDANT'S DEADLINE TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT #9 by Judge Virginia A. Phillips. The Stipulation shall be and hereby is GRANTED as follows: 1. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Complaint in this action shall be and hereby is extended by 21 days to and including June 17, 2021. (lom)
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| Filing 10 TEXT ONLY NOTICE RE: Joint Stipulation for Extension of Time to File Answer to June 17, 2021 #9 . In compliance with Central District of California's Local Rule 5-4.4.2, counsel shall email the Stipulation in PDF, and the proposed order in Microsoft Word to the Judge's generic chambers email, no later than 4:00 pm of June 7, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 9 Joint STIPULATION for Extension of Time to File Answer to June 17, 2021 filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 8
ORDER APPROVING JOINT STIPULATION TO EXTEND DEFENDANT'S DEADLINE TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT by Judge Virginia A. Phillips: The Stipulation #7 shall be and hereby is GRANTED as follows: Defendant Roadrunner Temperature Controlled, LLC's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Complaint in this action shall be and hereby is extended to and including 5/27/2021. If Plaintiff files a motion to remand or other motion otherwise challenging the Court's jurisdiction over this action, Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Complaint in this action shall be further extended to 21 days after the Court's entry of an order ruling on the motion to remand. (gk)
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| Filing 7 Joint STIPULATION for Extension of Time to File Responsive Pleading To Plaintiffs Complaint filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (droj)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Jamison Miller in Los Angeles Superior Court on 12/24/2020, attached as Exhibit A. (jtil) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Roadrunner Temperature Controlled, LLC, (Kim, Sylvia) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Roadrunner Temperature Controlled, LLC. (Kim, Sylvia) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV49160 Receipt No: ACACDC-31149784 - Fee: $402, filed by Defendant Roadrunner Temperature Controlled, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Notice of Case Assignment - Unlimited Civil Case, #5 Exhibit E - Voluntary Efficient Litigation Stipulations, #6 Exhibit F - Alternative Dispute Resolution (ADR) Information Package, #7 Exhibit G - Initial Status Conference Order, #8 Exhibit H - Certificate of Mailing Re Initial Status Conference Order, #9 Exhibit I - Minute Order Re Complex Designation, #10 Exhibit J - Proof of Personal Service, #11 Exhibit K - Plaintiff_s Case Management Statement., #12 Exhibit L - Minute Order Re Initial Status Conference, #13 Exhibit M - Order Authorizing Electronic Service., #14 Exhibit N - Notice of General Appearance., #15 Exhibit O - Joint Stipulation to Extend Time to Respond to Complaint; [Proposed] Order) (Attorney Sylvia Jihae Kim added to party Roadrunner Temperature Controlled, LLC(pty:dft))(Kim, Sylvia) |
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