Guillermo Beltran et al v. Inter-Con Security Systems, Inc. et al
| Rudy Delao, Joshua Bolden, Guillermo Beltran, Frank Anicoche, Jr., Louis Dawkins, Paganini Louissaint and Luis Jimenez |
| Inter-Con Security Systems, Inc., Does 1 through 20, inclusive and Enrique Hernandez, Jr |
| 2:2021cv04927 |
| June 16, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Virginia A Phillips |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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Filing 39
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #37 filed by Guillermo Beltran. CCA # 21-56139.The parties have jointly filed a motion for voluntary dismissal. (Dkt. 23.)That motion is GRANTED and this appeal is DISMISSED. See FED. R. APP. P.42(b). The parties shall each bear their own costs on appeal. This order constitutes the MANDATE of this court.(lc)
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| Filing 38 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56139 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #37 as to Plaintiff Guillermo Beltran. (yl) |
| Filing 37 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Guillermo Beltran. Appeal of Order on Motion to Dismiss,,, Order on Motion to Remand Case to State Court,, #35 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32135801.) (Rodriguez, Yesenia) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #33 . The following error(s) was/were found: Notice of Association not signed by Fernald Law Group APC.. Incorrect document is attached to the docket entry. 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 35
ORDER DENYING Plaintiff's Motion to Remand (Dkt. #13 ) and GRANTING Defendant's Motion to Dismiss (Dkt. #24 ) by Judge Virginia A. Phillips: For the reasons stated above, the Court DENIES Beltrans Motion to Remand and GRANTS Inter-Cons Motion to Dismiss with prejudice as to claims asserted under California Labor Code sections 226, 226.7, and 512(a), as well as Business and Professions Code sections 17200, et seq. All remaining claims also are dismissed against Inter-Con without prejudice and are compelled to arbitration. IT IS SO ORDERED. MD JS-6. Case Terminated. (yl)
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Filing 34
SCHEDULING NOTICE AND ORDER by Judge Virginia A. Phillips. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearings on Defendant's Motion to Dismiss #24 and Plaintiff's Motion to Remand #13 , are hereby TAKEN OFF CALENDAR. No appearance will be necessary. The matters are appropriate for resolution without a hearing pursuant to Fed. R. Civ. P. 78; L.R. 7-15, and will stand submitted on the papers timely filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 33 NOTICE of Association of Counsel associating attorney Brandon C. Fernald on behalf of Defendant Inter-Con Security Systems, Inc.. Filed by Defendant Inter-Con Security Systems, Inc. (Johnson, Caitlin) |
| Filing 32 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 REPLY TO PLAINTIFFS' OBJECTIONS filed by Defendant Inter-Con Security Systems, Inc.. (Johnson, Caitlin) |
| Filing 31 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 filed by Defendant Inter-Con Security Systems, Inc.. (Attachments: #1 Declaration Reply Declaration of Caitlin R. Johnson in Support of Inter-Con's Motion to Dismiss Plaintiffs' First Amended Complaint)(Johnson, Caitlin) |
| Filing 30 REPLY to Opposition to Motion NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Plaintiff Guillermo Beltran. (Pimentel, Gabriel) |
| Filing 29 OBJECTION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 filed by Plaintiff Guillermo Beltran. (Rodriguez, Yesenia) |
| Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 filed by Plaintiff Guillermo Beltran. (Rodriguez, Yesenia) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 filed by Plaintiff Guillermo Beltran. (Rodriguez, Yesenia) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendant Inter-Con Security Systems, Inc.. (Attachments: #1 Declaration Declaration of Caitlin R. Johnson in Support of Defendant's Opposition to Plaintiffs' Motion to Remand)(Johnson, Caitlin) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) #24 filed by Defendant Inter-Con Security Systems, Inc.. (Attachments: #1 Declaration of Caitlin R. Johnson)(Johnson, Caitlin) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12 (b)(3) filed by Defendant Inter-Con Security Systems, Inc.. Motion set for hearing on 9/13/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Caitlin R. Johnson, #3 Appendix of State Authorities in Support, #4 Proposed Order) (Johnson, Caitlin) |
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Filing 23
TEXT ONLY ENTRY: ORDER (IN CHAMBERS) by Judge Virginia A. Phillips. In light of Plaintiff's First Amended Complaint filed 07/19/2021 (Dkt. No. #22 ), Defendants Enrique Hernandez, Jr, Inter-Con Security Systems, Inc.'s Motion to Dismiss filed 06/29/21 (Dkt. No. #14 ) is DENIED as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 22 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint - (Discovery),, filed by Plaintiff Guillermo Beltran(Rodriguez, Yesenia) |
| Filing 21 NOTICE OF CLERICAL ERROR: Due to clerical error, document #19 was docketed inadvertently to this case twice. In addition, the incorrect title was stated. **THE CORRECT ENTRY IS DOCUMENT #20 CONTINUING THE HEARING DATE ON THE MOTION TO REMAND.** (yl) |
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Filing 20
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE ON PLAINTIFFS' MOTION TO REMAND by Judge Virginia A. Phillips. The hearing date on Plaintiffs' Motion to Remand will be continued from July 26, 2021 to September 13, 2021, subject to the Courts availability. (See document for further details) (yl)
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Filing 19
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS RULE 12(B) MOTION by Judge Virginia A. Phillips. The hearing date on Defendants Rule 12(b) Motion will be continued from August 2, 2021 to September 13, 2021, subject to the Court's availability Plaintiffs' Opposition is due 21 days prior to the date of the hearing. Defendants' Reply to the Opposition is due 14 days prior to the date of the hearing. IT IS SO ORDERED. (yl)
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Filing 18
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' RULE 12(B) MOTION #16 by Judge Virginia A. Phillips. The Court hereby grants the stipulation and Orders that: 1. The hearing date on Defendants' Rule 12(b) Motion will be continued from August 2, 2021 to September 13, 2021, subject to the Court's availability 2. Plaintiffs' Opposition is due 21 days prior to the date of the hearing. 3. Defendants' Reply to the Opposition is due 14 days prior to the date of the hearing. IT IS SO ORDERED. (lom)
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| Filing 17 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 , Notice (Other) #10 filed by Defendants Enrique Hernandez, Jr, Inter-Con Security Systems, Inc.. (Attachments: #1 Proposed Order Proposed Order Continuing Hearing Date on Motion to Remand)(Johnson, Caitlin) |
| Filing 16 STIPULATION to Continue Hearing Date from August 2, 2021 to September 13, 2021 filed by Plaintiff Guillermo Beltran. (Attachments: #1 Proposed Order to Continue Hearing Date on Defendants' 12(b) Motion)(Rodriguez, Yesenia) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case // Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(3) #14 filed by Defendants Enrique Hernandez, Jr, Inter-Con Security Systems, Inc.. (Attachments: #1 Declaration of Caitlin R. Johnson)(Johnson, Caitlin) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case // Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(3) filed by Defendants Enrique Hernandez, Jr, Inter-Con Security Systems, Inc.. Motion set for hearing on 8/2/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Caitlin R. Johnson, #3 Appendix of State Authorities, #4 Proposed Order) (Johnson, Caitlin) |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Guillermo Beltran. Motion set for hearing on 7/26/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum Plaintiff's Memorandum of P&A ISO Motion to Remand, #2 Proposed Order Proposed Order Granting Motion to Remand) (Rodriguez, Yesenia) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-->Motion-->Remand Case to State Court. Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): In addition, please ensure that the hearing date and time is selected at the date/time prompt. 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. (yl) |
| Filing 11 NOTICE of Interested Parties filed by Plaintiff Guillermo Beltran. (Rodriguez, Yesenia) |
| Filing 10 NOTICE Motion to Remand filed by Plaintiff Guillermo Beltran. (Attachments: #1 Memorandum Plaintiff's Memorandum of P&A ISO Motion to Remand, #2 Proposed Order Proposed Order Granting Motion to Remand)(Rodriguez, Yesenia) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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| Filing 8 CERTIFICATE OF SERVICE filed by Defendants Enrique Hernandez, Jr, Inter-Con Security Systems, Inc., Notice of Removal, Certificate of Interested Parties, Notice of Lis Pendens, CV-71 Civil Cover Sheet served on June 16, 2021. (Johnson, Caitlin) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Alexander F. MacKinnon. (car) |
| Filing 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge Virginia A. Phillips for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Alexander F. MacKinnon. New Case Number 2:21-cv-04927-VAP-AFMx. (car) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Paganini Louissaint, Luis Jimenez, Joshua Bolden, Guillermo Beltran, Rudy Delao, Frank Anicoche, Jr, Louis Dawkins, upon Defendant Enrique Hernandez, Jr acknowledgment sent by Plaintiff on 5/14/2021, answer due 6/4/2021. Acknowledgment of Service signed by Catie R Johnson, Counsel for Defendant. Submitted with Attachment 3 to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 20 inclusive, Enrique Hernandez, Jr, Inter-Con Security Systems, Inc. Jury Demanded, filed by Plaintiffs Paganini Louissaint, Luis Jimenez, Joshua Bolden, Guillermo Beltran, Rudy Delao, Frank Anicoche, Jr, Louis Dawkins. Filed in State Court on 4/16/2021 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 4 CIVIL COVER SHEET filed by Defendant Inter-Con Security Systems, Inc.. (Johnson, Caitlin) |
| Filing 3 NOTICE of Lis Pendens filed by Defendant Inter-Con Security Systems, Inc.. (Johnson, Caitlin) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant All Defendants, identifying Inter-Con Security Systems, Inc., Enrique Hernandez, Jr., Guillermo Beltran, Luis Jimenez, Frank Anicoche, Jr., Louis Dawkins, Paganini Louissaint, Joshua Bolden, Rudy Delao. (Johnson, Caitlin) |
| Filing 1 NOTICE OF REMOVAL from Superior Court County of Los Angeles, case number 21STCV14900 Receipt No: ACACDC-31476372 - Fee: $402, filed by Defendant Inter-Con Security Systems, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit Notice & Acknowledgment of Receipt of Service) (Attorney Caitlin Royal Johnson added to party Inter-Con Security Systems, Inc.(pty:dft))(Johnson, Caitlin) |
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