Victor Huerta v. Perrin Bernard Supowitz, LLC et al
| Victor Huerta |
| Perrin Bernard Supowitz, LLC, Perrin Bernard Supowitz, Inc. and Does 1 through 10, inclusive |
| 2:2021cv07500 |
| September 20, 2021 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| Otis D Wright |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having reviewed the parties' Joint Stipulation to Continue Scheduling Conference #16 , and for good cause shown, the Court hereby CONTINUES the Scheduling Conference in this matter to February 28, 2022 at 1:30 p.m. (lc)
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| Filing 16 Joint STIPULATION to Continue Scheduling Conference filed by Plaintiff Victor Huerta. (Attachments: #1 Proposed Order)(Ter-Astvatsatryan, Lilit) |
| Filing 15 Opposition opposition to re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC. (Attachments: #1 Declaration of Amy S. Williams, #2 Exhibit A to Decl. of A. Williams)(Williams, Amy) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Victor Huerta. Motion set for hearing on 12/6/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration DECLARATION OF LILIT TER-ASTVATSATRYAN IN SUPPORT OF PLAINTIFFS MOTION TO REMAND) (Ter-Astvatsatryan, Lilit) |
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Filing 13
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Notice of Procedural Defect Upon Removal. (SEE DOCUMENT FOR SPECIFIC DISCUSSION THEREIN). Given the facts and allegations in the First Amended Complaint and Notice of Removal, the Court doubts that Defendants were without sufficient information to remove until August 20, 2021, ten months after the action was filed. Failure to comply with the 30-day time limitation renders the removal procedurally defective. Because procedural defects in removal are not jurisdictional, they may be waived. Plaintiff has not moved to remand this case based on this potential procedural defect or any other procedural defects. Any such motion must be filed no later than October 20, 2021. If no motion to remand is filed by that date, the Court will assume that Plaintiff waives any procedural objections Plaintiff would otherwise be entitled to assert to Defendants' Notice of Removal. (lc)
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| Filing 12 NOTICE OF SCHEDULING CONFERENCE filed by Plaintiff Victor Huerta. (Ter-Astvatsatryan, Lilit) |
| Filing 11 Plaintiff's NOTICE of Interested Parties filed by Plaintiff Victor Huerta, (Ter-Astvatsatryan, Lilit) |
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Filing 10
ORDER that the Scheduling Conference is set for November 29, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 9
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 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Douglas F. McCormick. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC.Jury Demanded., filed by plaintiff Victor Huerta. (FILED IN STATE COURT ON 10/14/2020 SUBMITTED ATTACHED EXHIBIT B PAGE 20) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Amended Complaint, filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC. (FILED IN STATE COURT ON 5/10/2021 SUBMITTED ATTACHED EXHIBIT F PAGE 97)(ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 10, inclusive, Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC amending Complaint - (Discovery),, filed by plaintiff Victor Huerta. (FILED IN STATE COURT ON 1/4/2021 SUBMITTED ATTACHED EXHIBIT C PAGE 48)(ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Victor Huerta, upon Defendant Perrin Bernard Supowitz, LLC served on 10/22/2020, answer due 11/12/2020. Service of the Summons and Complaint were executed upon Nigel Kershaw-Agent in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 10/26/2020 SUBMITTED ATTACHED EXHIBIT J PAGE 123) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Victor Huerta, upon Defendant Perrin Bernard Supowitz, Inc. served on 12/1/2020, answer due 12/22/2020. Service of the Summons and Complaint were executed upon Steve Supowitz, Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 12/3/2020 SUBMITTED ATTACHED EXHIBIT N PAGE 156) (ghap) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC, re Civil Cover Sheet (CV-71) #1 , Notice of Removal (Attorney Civil Case Opening),,,,,, #3 , Certificate/Notice of Interested Parties, #2 , Corporate Disclosure Statement #4 Declaration of Amy Williams, Declaration of Zoyla Rice served on 09/20/2021. (Williams, Amy) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC identifying IFS Acquisition Company, FoodService Holdings, LLC as Corporate Parent. (Williams, Amy) |
| Filing 3 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV39684 with filing fee previously paid ($402.00 paid on 09/20/2021, receipt number ACACDC-32009455), filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal (Complaint), #3 Exhibit C to Notice of Removal (, #4 Exhibit D to Notice of Removal, #5 Exhibit E to Notice of Removal, #6 Exhibit F to Notice of Removal, #7 Exhibit G to Notice of Removal, #8 Exhibit H to Notice of Removal, #9 Exhibit I to Notice of Removal, #10 Exhibit J to Notice of Removal, #11 Exhibit K to Notice of Removal, #12 Exhibit L to Notice of Removal, #13 Exhibit M to Notice of Removal, #14 Exhibit N to Notice of Removal, #15 Exhibit O to Notice of Removal, #16 Exhibit P to Notice of Removal, #17 Exhibit Q to Notice of Removal, #18 Exhibit R to Notice of Removal, #19 Exhibit S to Notice of Removal, #20 Exhibit T to Notice of Removal, #21 Exhibit U to Notice of Removal, #22 Exhibit V to Notice of Removal, #23 Exhibit W to Notice of Removal, #24 Exhibit X to Notice of Removal, #25 Declaration of Amy S. Williams in Support of Defendants' Notice of Removal of Civil Action to Federal Court, #26 Declaration Declaration of Zoyla Rice in Support of Defendants' Notice of Removal of Civil Action to Federal Court, #27 Exhibit A to Declaration of Zoyla Rice, #28 Exhibit B to Declaration of Zoyla Rice)(Williams, Amy) |
| Filing 2 NOTICE of Interested Parties filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC, identifying IFS Acquisition Company, FoodService Holdings, LLC. (Attorney Amy S Williams added to party Perrin Bernard Supowitz, Inc.(pty:dft), Attorney Amy S Williams added to party Perrin Bernard Supowitz, LLC(pty:dft))(Williams, Amy) |
| Filing 1 CIVIL COVER SHEET filed by Defendants Perrin Bernard Supowitz, Inc., Perrin Bernard Supowitz, LLC. (Williams, Amy) |
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