Raymundo Hernandez Martinez v. Little Beach House Malibu, LLC et al
| Raymundo Hernandez Martinez |
| Little Beach House Malibu, LLC, Soho House West Hollywood, LLC and Does 1 through 50, inclusive |
| 2:2021cv03787 |
| May 4, 2021 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Jean P Rosenbluth |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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| Filing 47 Receipt of Letter of Transmittal- Remand to Superior Court (rolm) |
| Filing 46 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
Filing 45
ORDER APPROVING STIPULATION TO REMAND THIS CASE TO THE LOS ANGELES SUPERIOR COURT by Judge Dolly M. Gee: The Court APPROVES the Stipulation #44 and ORDERS that the action is remanded to the Superior Court of the State of California for the County of Los Angeles, as Hernandez Martinez v. Little Beach House Malibu, LLC, et al., Case No. 21STCV12279. All scheduled dates and deadlines are VACATED. ( Case Terminated. Made JS-6 ) (gk)
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| Filing 44 STIPULATION to Remand Case to State Court filed by Plaintiff Raymundo Hernandez Martinez. (Attachments: #1 Proposed Order)(Elihu, Kaveh) |
| Filing 43 Notice of Withdrawal of Motion for Partial Summary Judgment,, #42 filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Farag, Shareef) |
| Filing 42 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. Motion set for hearing on 12/16/2022 at 03:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Point and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Shareef S. Farag, #4 Declaration of Christopher Cutjapan, #5 Exhibit Compendium of Exhibits, #6 Proposed Order) (Farag, Shareef) |
| Filing 41 STATUS REPORT regarding Settlement (JOINT) filed by Defendant Little Beach House Malibu, LLC. (Delarosa, Jennifer) |
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Filing 40
ORDER ON PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE PLAINTIFF'S DISCOVERY CUTOFF DEADLINE by Judge Dolly M. Gee: The Court concludes that ex parte relief from the scheduling order is not appropriate, and DENIES Plaintiff's Ex Parte Application #34 . (gk)
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| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Kaveh Sam Elihu counsel for Plaintiff Raymundo Hernandez Martinez. Adding Karnit Braun as counsel of record for Plaintiff Raymundo Hernandez Martinez for the reason indicated in the G-123 Notice. Filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Kaveh Sam Elihu counsel for Plaintiff Raymundo Hernandez Martinez. Adding Saima Ali as counsel of record for Plaintiff Raymundo Hernandez Martinez for the reason indicated in the G-123 Notice. Filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Kaveh Sam Elihu counsel for Plaintiff Raymundo Hernandez Martinez. Jacob Karczewski is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
| Filing 36 Opposition re: EX PARTE APPLICATION for Discovery regarding Cut-off Deadlines #34 filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Attachments: #1 Declaration of Shareef S. Farag)(Farag, Shareef) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Vivian Yuxi Shen counsel for Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. Adding Vivian Y. Shen as counsel of record for LITTLE BEACH HOUSE MALIBU, LLC and SOHO HOUSE WEST HOLLYWOOD, LLC for the reason indicated in the G-123 Notice. Filed by Defendants LITTLE BEACH HOUSE MALIBU, LLC and SOHO HOUSE WEST HOLLYWOOD, LLC. (Attorney Vivian Yuxi Shen added to party Little Beach House Malibu, LLC(pty:dft), Attorney Vivian Yuxi Shen added to party Soho House West Hollywood, LLC(pty:dft))(Shen, Vivian) |
| Filing 34 EX PARTE APPLICATION for Discovery regarding Cut-off Deadlines filed by Plaintiff Raymundo Hernandez Martinez. (Attachments: #1 Proposed Order, #2 Declaration, #3 Exhibit)(Elihu, Kaveh) |
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Filing 33
ORDER RE JOINT STIPULATION TO PARTICIPATE IN PRIVATE MEDIATION AND REQUEST TO MODIFY SCHEDULING ORDER by Judge Dolly M. Gee: Upon Stipulation #32 , the parties' request to participate in private mediation is GRANTED. IT IS HEREBY ORDERED that the case deadlines in this matter shall be continued. Final Pretrial Conference set for 2/14/2023 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 3/14/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 32 Joint STIPULATION for Leave to Participate in Private Mediation and Request to Modify Scheduling Order filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Attachments: #1 Proposed Order)(Farag, Shareef) |
| Filing 31 NOTICE of Change of address by Kaveh Sam Elihu attorney for Plaintiff Raymundo Hernandez Martinez. Changing attorneys address to 1001 Wilshire Boulevard, Los Angeles, CA 90017. Filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
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Filing 29
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 12/13/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 1/10/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 30
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/6/2022. Joint status report re settlement due by 9/13/2022. (gk)
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Filing 28
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/6/2022. Joint status report re settlement due by 9/13/2022. (gk)
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Filing 27
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 12/13/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 1/10/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 26
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on April 1, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan Joint Report of Rule 26(f) Conference and Proposed Discovery Plan ; estimated length of trial Plaintiff estimates 7-10 days for trial; Defendants estimate 7 days for trial., filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC.. (Attachments: #1 Exhibit A)(Delarosa, Jennifer) |
| Filing 24 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 3/18/2022. Scheduling Conference set for 4/1/2022 at 9:30 a.m. (See order for details.) (kti) |
| Filing 23 ANSWER to Amended Complaint/Petition #15 filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC.(Farag, Shareef) |
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Filing 22
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO DISMISS by Judge Dolly M. Gee: The Court GRANTS in part and DENIES in part granting in part and denying in part Motion to Dismiss and/or Strike ("MTD") #17 . The Court GRANTS Defendants' MTD with respect to the PAGA claim derived from Section 2810.5, and DENIES the MTD with respect to the waiting time and wage statement claims and their derivative PAGA claims. Because Section 2810.5 is precluded from serving as a predicate for a PAGA claim as a matter of law, leave to amend that claim is DENIED. Defendants shall file their Answer by 2/14/2022. Court Reporter: Not Reported. (gk)
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Filing 21
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint #17 presently scheduled for hearing on August 6, 2021, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 20 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint #17 Reply in Support of Defendants' Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Farag, Shareef) |
| Filing 19 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint #17 filed by Plaintiff Raymundo Hernandez Martinez. (Attachments: #1 Exhibit, #2 Exhibit)(Elihu, Kaveh) |
| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint #17 filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. Motion set for hearing on 8/6/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Shareef Farag, #3 Proposed Order) (Farag, Shareef) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #15 . The following error(s) was/were found: The First Amended Complaint is untimely. The Order of 6/9/2021 directed plaintiff to file the First Amended Complaint within three court days. 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. (gk) |
| Filing 15 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Raymundo Hernandez Martinez(Elihu, Kaveh) |
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Filing 14
ORDER ON JOINT STIPULATION TO PERMIT PLAINTIFF TO AMEND THE COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #13 , IT IS HEREBY ORDERED that Plaintiff shall file separately on the docket his First Amended Complaint within three court days from the date of this Order. Defendants shall file their response within 21 days after the First Amended Complaint has been filed and served. (gk)
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| Filing 13 Joint STIPULATION to Amend filed by Plaintiff Raymundo Hernandez Martinez. (Attachments: #1 Proposed Order, #2 Exhibit)(Elihu, Kaveh) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Kaveh Sam Elihu counsel for Plaintiff Raymundo Hernandez Martinez. Adding Christopher J. DeClue as counsel of record for Raymundo Hernandez Martinez for the reason indicated in the G-123 Notice. Filed by Plaintiff Raymundo Hernandez Martinez. (Elihu, Kaveh) |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC, re Initial Order upon Filing of Complaint - form only #10 Certificate of Service of Initial Standing Order served on May 10, 2021. (Farag, Shareef) |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 9 NOTICE of Appearance filed by attorney Jennifer F Delarosa on behalf of Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC (Delarosa, Jennifer) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Soho House West Hollywood, LLC answer now due 6/10/2021; Little Beach House Malibu, LLC answer now due 6/10/2021, re Complaint - (Discovery), filed by Defendants Soho House West Hollywood, LLC; Little Beach House Malibu, LLC.(Farag, Shareef) |
| Filing 7 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Dolly M. Gee for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jean P. Rosenbluth. The case number will now reflect the initials of the transferee Judges 2:21-cv-03787-DMG-JPRx. (aco) |
| Filing 6 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Farag, Shareef) |
| Filing 5 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (vm) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV11C) (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Little Beach House Malibu, LLC, Soho House West Hollywood, LLC, Jury Demanded, filed by plaintiff Raymundo Hernandez Martinez. (filed in state court 5/4/21, submitted as document 1, attachment 1) (esa) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Little Beach House Malibu, LLC, Soho House West Hollywood, LLC, identifying Raymundo Hernandez Martinez, Plaintiff; Little Beach House Malibu, LLC, Defendant; Soho House West Hollywood, LLC, Defendant; Soho House, LLC, Member of Defendants; Soho U.S. Corporation, Member of Soho House, LLC. (Farag, Shareef) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Little Beach House Malibu, LLC, Soho House West Hollywood, LLC. (Farag, Shareef) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, Central District, case number 21STCV12279 Receipt No: ACACDC-31235132 - Fee: $402, filed by Defendant Soho House West Hollywood, LLC, Little Beach House Malibu, LLC. (Attachments: #1 Complaint, #2 Additional Process, Pleadings and Orders) (Attorney Shareef Swamy Farag added to party Little Beach House Malibu, LLC(pty:dft), Attorney Shareef Swamy Farag added to party Soho House West Hollywood, LLC(pty:dft))(Farag, Shareef) |
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