Charles Davis et al v. ABM Industries Inc. et al
| Charles Davis, Jonathan Nabago, Mohamed Bholat, Byron Williams, Chiragh Hussain, Reginald Johnson and Hasanjee Bholat |
| ABM Industries, Inc., United Service Workers West SEIU Local 1877 and Does I through X inclusive |
| 2:2021cv05623 |
| July 9, 2021 |
| US District Court for the Central District of California |
| Michael R Wilner |
| Otis D Wright |
| 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 January 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #26 , CCA # 22-55059. The judgment of this Court, entered December 15, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant in the amount of $24.60. [See USCA Memorandum #29 AFFIRMED.](mat) |
| Filing 29 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #26 filed by Byron Williams, Jonathan Nabago, Mohamed Bholat, Hasanjee Bholat, Charles Davis, Reginald Johnson, Chiragh Hussain. CCA # 22-55059. The District Court decision is Affirmed (SEE DOCUMENT FOR DETAILS). (lc) |
| Filing 28 BILL OF COSTS. Costs Taxed in amount of $ 421.40 in favor of Defendant ABM Industries Inc. and against Plaintiffs. RE: First APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs #25 (mca) |
| Filing 27 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55059 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #26 as to plaintiffs Hasanjee Bholat, Mohamed Bholat, Charles Davis, Chiragh Hussain, Reginald Johnson, Jonathan Nabago, Byron Williams. (lc) |
| Filing 26 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Hasanjee Bholat, Mohamed Bholat, Charles Davis, Chiragh Hussain, Reginald Johnson, Jonathan Nabago, Byron Williams. Appeal of Judgment,, #24 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32583312.) (Kennelly, Dennis) |
| Filing 25 First APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs filed by Defendant ABM Industries, Inc.. (Prout, Andrew) |
| Filing 24 JUDGMENT by Judge Otis D. Wright, II : Pursuant to the Courts Order granting Defendant ABMs Motion to Dismiss and Defendant Unions Motion for Judgment on the Pleadings #23 , it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. Defendants ABM Industries, Inc. and United Service Workers West SEIU Local 1877 shall have JUDGMENT in their favor. 2. Plaintiffs Charles Davis, Mohamed Bholat, Hasanjee Bholat, Chiragh Hussain, Reginald Johnson, Jonathan Nabago, and Byron Williams shall take nothing from Defendants. 3. Plaintiffs Complaint is DISMISSED ON THE MERITS and WITH PREJUDICE. This Order shall constitute the FINAL JUDGMENT of the Court. The Clerk of the Court shall close the case.(MD JS-6, Case Terminated). (lc) |
Filing 23
ORDER VACATING DECEMBER 13, 2021 HEARING AND GRANTING WITHOUT LEAVE TO AMEND ABMS MOTION TO DISMISS #10 AND UNION MOTION FOR JUDGMENT ON THE PLEADINGS #19 by Judge Otis D. Wright, II: For the reasons discussed above, the Court GRANTS ABMs Motion to Dismiss, (ECF No. 10), and GRANTS the Unions Motion for Judgment on the Pleadings, (ECF No. 19), both WITHOUT LEAVE TO AMEND, resulting in a DISMISSAL of the Complaint in its entirety WITH PREJUDICE. The Court willissue Judgment. (lc)
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| Filing 22 REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED SERVICE WORKERS WEST'S NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Rule 12(c) #19 filed by Defendant United Service Workers West SEIU Local 1877. (Casillas, Maximillian) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Rule 12(c) #19 filed by Plaintiffs Mohamed Bholat, Charles Davis, Chiragh Hussain, Reginald Johnson, Jonathan Nabago, Byron Williams. (Kennelly, Dennis) |
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Filing 20
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order CONTINUING Hearing on SEIU's Motion for Judgment on the Pleadings #19 and Modifying Briefing Schedule. ABMs motion to dismiss this case is currently under submission and is based primarily on preemption under the Labor Management Relations Act 17 . Yesterday, United Service Workers West SEIU Local 1877 filed a Motion for Judgment on the Pleadings, also based primarily on LMRA preemption. the interest of judicial economy, on its own motion, the Court CONTINUES the hearing on SEIU's Motion for Judgment on the Pleadings from November 22, 2021 to December 13, 2021 at 1:30 p.m. The Court sets a special briefing schedule as follows. Plaintiff's opposition brief is due November 29, 2021, and SEIUs reply brief is due December 6, 2021. (lc)
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| Filing 19 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Rule 12(c) filed by Defendant United Service Workers West SEIU Local 1877. Motion set for hearing on 11/22/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Casillas, Maximillian) |
| Filing 18 NOTICE of Appearance filed by attorney Maximillian Casillas on behalf of Defendant United Service Workers West SEIU Local 1877 (Attorney Maximillian Casillas added to party United Service Workers West SEIU Local 1877(pty:dft))(Casillas, Maximillian) |
| Filing 17 The hearing on the MOTION to Dismiss Case #10 , scheduled for September 13, 2021 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 16 REPLY Reply NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant ABM Industries, Inc.. (Teinert, Paul) |
| Filing 15 NOTICE of Appearance filed by attorney Antonio Ruiz on behalf of Defendant United Service Workers West SEIU Local 1877 (Attorney Antonio Ruiz added to party United Service Workers West SEIU Local 1877(pty:dft))(Ruiz, Antonio) |
| Filing 14 MEMORANDUM in Opposition TO DEFENDANTS 12(B)(6) MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by Plaintiffs Mohamed Bholat, Charles Davis, Chiragh Hussain, Reginald Johnson, Jonathan Nabago, Byron Williams. (Kennelly, Dennis) |
| Filing 13 NOTICE of Change of Lead Counsel changing lead counsel from Eric J. Wersching to Paul M. Teinert. filed by Defendant ABM Industries, Inc., (Teinert, Paul) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom)
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| Filing 11 PROOF OF SERVICE filed by Defendant ABM Industries, Inc., to Antonio Ruiz, Esq. served on July 22, 2021. (Wersching, Eric) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant ABM Industries, Inc.. (Attachments: #1 Memorandum ISO Motion, #2 Declaration Declaration of Eric J. Wersching) (Wersching, Eric) |
| Filing 9 PROOF OF SERVICE filed by Defendant ABM Industries, Inc., Notice of Assignment served on July 12, 2021. (Wersching, Eric) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 2 Civil Cover Sheet 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 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): A claim initiating document was filed using the wrong initiating event in CM/ECF. As a result, the case was not properly classified in the CM/ECF system. The correct event is Notice of Removal (Attorney Civil Case Opening). You are not required to take any action in response to this notice unless the Court so directs. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner. (lh) |
| Filing 3 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 Otis D. Wright, II for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Michael R. Wilner. New Case Number 2:21-cv-05623 ODW (MRWx). (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants ABM Industries, Inc., Does, United Service Workers West SEIU Local 1877. Jury Demanded, filed by Plaintiffs Chiragh Hussain, Jonathan Nabago, Reginald Johnson, Charles Davis, Mohamed Bholat, Byron Williams. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/26/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 2 NOTICE of Interested Parties filed by Defendant ABM Industries, Inc., identifying ABM Aviation, Inc.. (Wersching, Eric) |
| Filing 1 PETITION for Removal Receipt No: ACACDC-31605677 - Fee: $402, filed by Defendant ABM Industries, Inc.. (Attachments: #1 Declaration Declaration of Eric J. Wersching, #2 Civil Cover Sheet Civil Cover Sheet) (Attorney Eric J Wersching added to party ABM Industries, Inc.(pty:bkmov))(Wersching, Eric) |
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