Dwayne Calloway v. Empire Today, LLC et al
| Dwayne Calloway |
| Empire Today, LLC and Does 1 through 20, inclusive |
| 2:2021cv06529 |
| August 12, 2021 |
| US District Court for the Central District of California |
| John D Early |
| Dolly M Gee |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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Filing 18
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION TO COMPEL ARBITRATION by Judge Dolly M. Gee: In sum, though the Arbitration Agreement contains substantively unconscionable elements, those provisions can be severed, and in any event, it is not procedurally unconscionable. Therefore, the Court GRANTS Defendant Empire Today, LLC's Motion to Compel Arbitration #11 . The Court further ORDERS that the unconscionable provisions of the Arbitration Agreement identified herein shall not be enforced in any subsequent proceeding. This action is DISMISSED without prejudice. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 17
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Compel Plaintiff to Arbitrate Claims and to Dismiss the Action #11 presently scheduled for hearing on October 15, 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. Further, the scheduling conference on October 15, 2021 is also VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 16 REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant Empire Today, LLC. (Attachments: #1 Defendant's Objection to Plaintiff's Declaration in Opposition to Defendant's Motion to Compel Arbitration and Dismiss the Action)(Farag, Shareef) |
| Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff Dwayne Calloway, identifying Empire Today, LLC. (Nalbandyan, Akop) |
| Filing 14 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Dwayne Calloway. (Attachments: #1 Declaration Declaration of Charlene L. Nercess, Esq., #2 Declaration Declaration of Dwayne Calloway)(Nalbandyan, Akop) |
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Filing 13
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court hereby continues Defendant's motion to compel plaintiff to arbitrate claims and to dismiss the action #11 and scheduling conference #9 hearing to October 15, 2021 at 9:30 a.m. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Compel Arbitration #11 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Hearing date of 10/8/2021 is untimely pursuant to Local Rule 6-1. 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 11 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Empire Today, LLC. Motion set for hearing on 10/8/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Geoffrey Q. Nuneman, #3 Declaration of Shareef S. Farag, #4 Request for Judicial Notice, #5 Proposed Order) (Farag, Shareef) |
| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant Empire Today, LLC.. (Farag, Shareef) |
| Filing 9 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 9/10/2021. Scheduling Conference set for 9/24/2021 at 9:30 a.m. (See order for details.) (kti) |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Empire Today, LLC, of Court Documents after Filing of Removal of Action to Federal Court served on August 12, 2021. (Farag, Shareef) |
| 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 Dolly M. Gee and Magistrate Judge John D. Early. (lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Empire Today, LLC, identifying H.I.G. Empire Holdco, Inc.. (Farag, Shareef) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Empire Today, LLC. (Farag, Shareef) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21STCV25774 Receipt No: ACACDC-31796284 - Fee: $402, filed by Defendant Empire Today, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer) (Attorney Shareef Swamy Farag added to party Empire Today, LLC(pty:dft))(Farag, Shareef) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Empire Today, LLC. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 8/11/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Empire Today, LLC. Jury Demanded, filed by Plaintiff Dwayne Calloway. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/13/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
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