Kenneth President v. Walgreen Co., et al
| Kenneth President |
| Walgreen Co., Does 1 through 50, inclusive, Angelica Niento and Does 1 through 10, inclusive |
| 2:2021cv04158 |
| May 19, 2021 |
| US District Court for the Central District of California |
| Gail J Standish |
| Karen L Stevenson |
| John F Walter |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 STIPULATION to Dismiss Case pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii) filed by Plaintiff Kenneth President.(Setareh, Chaim) |
Filing 44
ORDER CONTINUING JURISDICTION OF THIS ACTION FOR THE SOLE PURPOSE OF ENFORCING THE SETTLEMENT by Judge John F. Walter. Upon review of the Parties' Joint Stipulation requesting that the Court retain jurisdiction over this action for the sole purpose of enforcing the settlement, and for good cause shown, the court hereby GRANTS the Stipulation and ORDERS as follows: The Court will retain jurisdiction for the sole purpose of enforcing the settlement until May 20, 2022. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice; re Stipulation for Settlement, #43 . (aco)
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| Filing 43 STIPULATION for Settlement Requesting Continued Jurisdiction of this Action for the Sole Purpose of Enforcing the Settlement filed by Plaintiff Kenneth President.Dismissal papers due by 5/20/2022. (Attachments: #1 Proposed Order Continuing Jurisdiction of this Action for the Sole Purpose of Enforcing the Settlement)(Setareh, Chaim) |
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Filing 42
MINUTES (IN CHAMBERS) ORDER OF DISMISSAL by Judge John F. Walter. In the Mediation Report filed on March 14, 2022 #41 , the parties represent that they have settled this action. As a result, the Court dismisses this action without prejudice subject to either party reopening the action on or before March 15, 2022. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until May 13, 2022. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice. All dates in this action, including the trial date are vacated. Case Terminated. Made JS-6. (iv)
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| Filing 41 MEDIATION REPORT Filed by Defendant Walgreen Co.: Mediation held on 03-04-2022 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Archibald, Christopher) |
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Filing 40
ORDER CONTINUING TRIAL AND PRE-TRIAL DATES BY APPROXIMATELY 60 DAYS #39 by Judge John F. Walter. Jury Trial set for 8/30/2022 at 8:30 AM. Hearing on Motions in Limine set for hearing on 8/19/2022 at 8:00 AM. Pretrial Conference set for 8/12/2022 at 8:00 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 39 Joint STIPULATION to Continue All Trial and Pre-Trial Dates from June 28, 2022; 8:30 a.m. to August 30, 2022; 8:30 a.m. Re: Pretrial-Trial Scheduling Order - form only, #31 filed by Plaintiff Kenneth President. (Attachments: #1 Proposed Order Continuing Trial and Pre-Trial Dates by Approximately 60 Days)(Setareh, Chaim) |
| Filing 38 ANSWER to Amended Complaint filed by Defendant Walgreen Co..(Archibald, Christopher) |
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Filing 37
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT WALGREEN CO.'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(1) AND 12(b)(6) [filed 7/1/21; Docket No. #26 ] by Judge John F. Walter. Defendant's Motion is DENIED. (iv)
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Filing 36
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANT WALGREEN CO.S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(1) AND 12(b)(6) [filed 7/1/21; Docket No. #26 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 2, 2021 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 35 NOTICE OF LODGING filed [PROPOSED] STATEMENT OF DECISION re NOTICE OF MOTION AND MOTION to Dismiss Case #26 (Attachments: #1 [Proposed] Statement of Decision)(Setareh, Chaim) |
| Filing 34 NOTICE OF LODGING filed [PROPOSED] STATEMENT OF DECISION re NOTICE OF MOTION AND MOTION to Dismiss Case #26 (Attachments: #1 [Proposed] Statement of Decision)(Archibald, Christopher) |
| Filing 33 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Walgreen Co.. (Archibald, Christopher) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiff Kenneth President. (Setareh, Chaim) |
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Filing 31
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 6/10/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 6/17/2022 at 8:00 AM. Jury Trial set for 6/28/2022 at 8:30 AM. (iv)
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Filing 30
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on July 19, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: January 10, 2022. The Joint Report re: Results of Settlement Conference due on: January 14, 2022. (iv)
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| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Defendant Walgreen Co... (Eckstrom, Allison) |
| Filing 28 Plaintiff's NOTICE of Interested Parties filed by Plaintiff Kenneth President, identifying Kenneth President. (Setareh, Chaim) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Walgreen Co.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice of Demurrer to Complaint, #3 Exhibit Amended Complaint, #4 Exhibit Notice of Demurrer to Amended Complaint, #5 Exhibit State Court Docket)(Archibald, Christopher) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Walgreen Co.. Motion set for hearing on 8/2/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Archibald, Christopher) |
| Filing 25 STATEMENT Compliance with local rule 7-3 filed by Defendant Walgreen Co. (Eckstrom, Allison) |
| Filing 24 NOTICE of Change of address by Chaim Shaun Setareh attorney for Plaintiff Kenneth President. Changing attorneys address to 9665 Wilshire Blvd., Suite 430 Beverly Hills, Ca 90212. Filed by Plaintiff Kenneth President. (Setareh, Chaim) |
| Filing 23 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendant Walgreen Co.. (Attachments: #1 Exhibit 25 Demurrer Filed by Angelica Niento, #2 Exhibit 26 Declaration of Julie A. Gladstone, #3 Exhibit 27 Case Management Statement of Walgreen, #4 Exhibit 28 Notice re Continuance of Hearing and Order, #5 Exhibit 29 Case Management Statement filed by Kenneth President, #6 Exhibit 30 Notice re Continuance of Hearing, #7 Exhibit 31 Opposition of Plaintiff, #8 Exhibit 32 Declaration of Nolan Dilts, #9 Exhibit 33 Case Management Statement filed by Walgreen Co., #10 Exhibit 34 Case Management Statement filed by Angelica Niento, #11 Exhibit 35 Case Management Statement filed by Kenneth President, #12 Exhibit 36 Request for Dismissal, #13 Exhibit 37 Reply, #14 Exhibit 38 Notice to Adverse Parties and State Court of Removal to Federal Court, #15 Exhibit 39 Notice of Stay of Proceedings)(Diaz, Bernice) |
| Filing 22 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendant Walgreen Co.. (Attachments: #1 Exhibit 18 Case Management Statement filed by Kenneth President, #2 Exhibit 19 Notice of Taking Demurrer Off Calendar, #3 Exhibit 20 Amended Complaint, #4 Exhibit 21 Minute Order, #5 Exhibit 22 Demurrer to Amended Complaint, #6 Exhibit 23 Declaration of Sharlene P. Meno, #7 Exhibit 24 Stipulation and Order)(Diaz, Bernice) |
| Filing 21 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendant Walgreen Co.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit Civil Case Cover Sheet, #4 Exhibit Notice of Case Assignment, #5 Exhibit Notice of Case Management Conference, #6 Exhibit Notice to Adverse Parties and State Court of Removal of Civil Action to Federal Court, #7 Exhibit Notice of Stay of Proceedings, #8 Exhibit Notice of Remand from Federal Court, #9 Exhibit Notice of Demurrer to Complaint, #10 Exhibit Declaration of Sharlene P. Meno, #11 Exhibit Notice of Posting Jury Fees, #12 Exhibit Proof of Personal Service, #13 Exhibit Case Management Statement filed by Kenneth President, #14 Exhibit Case Management Statement filed by Walgreen Co., #15 Exhibit Notice of Change of Address, #16 Exhibit Minute Order, #17 Exhibit Case Management Statement filed by Walgreen)(Diaz, Bernice) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
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Filing 19
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for July 19, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before July 6, 2021. (iv)
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Filing 18
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 17 On June 15, 2021 this case was transferred to the calendar of Judge John F. Walter. Counsel are hereby notified that the hearing on Defendant Walgreen Co.s Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6) #9 which is currently set for June 28, 2021 at 1:30 p.m. is hereby denied without prejudice to refiling before the Honorable John F. Walter in accordance with this Courts Standing Order filed on June 16, 2021. Further, Defendant's counsel shall deliver courtesy copies of ALL case opening documents filed in this action to Chambers by 4:00 p.m. on June 17, 2021.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 16 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
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Filing 15
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:20-cv-08197 JFW(GJSx). Case transferred from Magistrate Judge Karen L. Stevenson and Judge Otis D. Wright, II to Judge John F. Walter and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04158 JFW(GJSx). Signed by Judge John F. Walter (rn)
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| Filing 14 NOTICE of Appearance filed by attorney Chaim Shaun Setareh on behalf of Plaintiff Kenneth President (Setareh, Chaim) |
| Filing 13 DECLARATION of Walgreen CO. In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Walgreen Co.. (Archibald, Christopher) |
| Filing 12 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Walgreen Co.. (Archibald, Christopher) |
| Filing 11 NOTICE of Related Case(s) filed by Plaintiff Kenneth President. Related Case(s): 2:20-cv-08197-JFW(GJS) (Setareh, Chaim) |
| Filing 10 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff Kenneth President. (Attachments: #1 Declaration of Nolan Dilts)(Setareh, Chaim) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Walgreen Co.. Motion set for hearing on 6/28/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Points and Authorities, #2 Evidentiary Packet, #3 Proposed Order) (Archibald, Christopher) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 7 PROOF OF SERVICE filed by defendant Walgreen Co., re Corporate Disclosure Statement #4 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,,, #1 , Certificate/Notice of Interested Parties #3 served on May 19, 2021. (Archibald, Christopher) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (esa) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Walgreen Co., an Illinois Corporation identifying Walgreens Boots Alliance, Inc. as Corporate Parent. (Archibald, Christopher) |
| Filing 3 NOTICE of Interested Parties filed by defendant Walgreen Co., an Illinois Corporation, identifying Walgreens Boots Alliance, Inc.. (Archibald, Christopher) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Walgreen Co., an Illinois Corporation. (Archibald, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV29124 Receipt No: ACACDC-31319256 - Fee: $402, filed by defendant Walgreen Co., an Illinois Corporation. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Civil Cover Sheet, #4 Exhibit 4 - Civil Cover Sheet Addendum, #5 Exhibit 5 - Case Assignment, #6 Exhibit 6 - 1st Am General Order, #7 Exhibit 7 - Vol Eff Lit Stips, #8 Exhibit 8 - Stip - Dis Res, #9 Exhibit 9 - Stip - Dis Res, #10 Exhibit 10 - Stip - Early Org Mtg, #11 Exhibit 11 - Informal Disc Conf, #12 Exhibit 12 - Stip - Motions in Limine, #13 Exhibit 13 - ADR Packet, #14 Exhibit 14 - Order Remanding, #15 Exhibit 15 - 1st Amended Complaint, #16 Exhibit 16 - Notice Re Continuance, #17 Exhibit 17 - Notice of Demurrer, #18 Exhibit 18 - Gladstone Dec, #19 Exhibit 19 - Proposed Order re Demurrer, #20 Exhibit 20 - Req for Dismissal, #21 Declaration of Christopher J. Archibald, #22 Declaration of Joseph B. Ambary Jr., #23 Declaration of Alicia Musgrove) (Attorney Christopher J Archibald added to party Walgreen Co., an Illinois Corporation(pty:dft))(Archibald, Christopher) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Angelica Niento, Walgreen Co., Jury Demanded, filed by plaintiff Kenneth President. (filed in state court 8/3/20, submitted as document 1, attachment 2) (esa) |
| COPY OF REQUEST FOR DISMISSAL filed by plaintiff Kenneth President ) as to defendant Angelica Niento. (filed in state court 4/19/21, submitted as document 1, attachment 20) (esa) |
| COPY OF FIRST AMENDED COMPLAINT against defendants Does, Angelica Niento, Walgreen Co., filed by plaintiff Kenneth President (non-conformed, submitted as document 1, attachment 15)(esa) |
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