Dean Himbler Aviles v. Flowers Foods, Inc.
| Dean Himbler Aviles |
| Flowers Foods, Inc. |
| 2:2021cv07781 |
| September 30, 2021 |
| US District Court for the Central District of California |
| Patricia Donahue |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
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Filing 26
ORDER GRANTING REQUEST FOR EXTENSION #25 by Judge John F. Walter. Plaintiff has 20 days from the date of this order to file an Opposition to Judgment on the Pleadings. (iv)
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| Filing 25 REQUEST for Extension filed by Plaintiff Dean Himbler Aviles. (iv) |
| Filing 24 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to All Claims #23 filed by Defendant Flowers Foods, Inc.. (James, Johnnie) |
| Filing 23 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to All Claims filed by Defendant Flowers Foods, Inc.. Motion set for hearing on 12/6/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Johnnie A. James in Support of Defendant Flowers Foods, Inc's Motion for Judgment on the Pleadings Pursuant to Fed. R. CIV. P. 12(c), #2 Proposed Order Granting Defendant Flowers Foods Inc's Motion for Judgment on the Pleadings Pursuant to Fed. R. CIV. P. 12(c)) (James, Johnnie) |
| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Dean Himbler Aviles. (iv) |
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Filing 21
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 8/12/2022 at 8:00 AM. Court Trial set for 8/23/2022 at 8:30 AM. (iv)
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Filing 20
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 November 8, 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: April 11, 2022. The Joint Report re: Results of Settlement Conference due on: April 15, 2022. (iv)
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| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan Defendant's Report Pursuant to Federal Rule of Civil Procedure 26(f) ; estimated length of trial 3 to 5 days, filed by Defendant Flowers Foods, Inc... (Attachments: #1 Declaration of Johnnie A. James in Support of Defendant's Report Pursuant to Federal Rule of Civil Procedure 26(f), #2 Exhibit A: Email from Johnnie A. James to Dean Himbler Aviles dated October 13, 2021, #3 Exhibit B: Email from Dean Himbler Aviles to Johnnie James dated October 15, 2021, #4 Exhibit C: Email from Johnnie A. James to Dean Himbler Aviles dated October 15, 2021, #5 Exhibit D: Email from Molly M. Rezac to Dean Himbler Aviles dated October 20, 2021, #6 Exhibit E: Email from Johnnie A. James to Dean Himbler Aviles dated October 21, 2021)(James, Johnnie) |
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Filing 18
SEALED NOTICE OF DISCREPANCY AND ORDER: by Judge John F. Walter, Plaintiff has submitted what appears to be pretrial documents. Plaintiff is encouraged to contact the pro se clinic for assistance in filing. (sr)
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| Filing 17 NOTICE OF DISCREPANCY AND ORDER: CV-104A. Rejected documents will be docketed under seal to protect filer's private information. (sr) |
| Filing 16 STATEMENT Defendant's Statement Regarding Local Rule 7-3 Conference (Attachments: #1 Exhibit A: Email from Johnnie James to Dean Himbler Aviles dated October 13, 2021, #2 Exhibit B: Email from Dean Himbler Aviles to Johnnie James dated October 15, 2021, #3 Exhibit C: Email from Johnnie James to Dean Himbler Aviles dated October 15, 2021, #4 Exhibit D: Email from Molly M. Rezac to Dean Himbler Aviles dated October 20, 2021, #5 Exhibit E: Email from Johnnie A. James to Dean Himbler Aviles dated October 21, 2021 at 12:06 a.m., #6 Exhibit F: Email from Molly M. Rezac to Dean Himbler Aviles dated October 21, 2021 at 12:45 p.m., #7 Declaration of Johnnie A. James in Support of Defendant's Statement Regarding Local Rule 7-3 Conference)(James, Johnnie) |
| Filing 15 RESPONSE filed by Defendant Flowers Foods, Inc.to Memorandum of Points and Authorities in Opposition #14 Response to Plaintiff's Opposition to Defendant's Motion of Removal From State Court (James, Johnnie) |
| Filing 13 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant Flowers Foods, Inc.. (James, Johnnie) |
| Filing 12 DECLARATION of Johnnie A. James re Initial Order upon Filing of Complaint - form only #9 OF LEAD TRIAL COUNSEL IN COMPLIANCE WITH COURTS STANDING ORDER GOVERNING ELECTRONIC FILING filed by Defendant Flowers Foods, Inc.. (James, Johnnie) |
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Filing 11
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for November 8, 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 October 25, 2021. (iv)
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Filing 10
SELF-REPRESENTATION ORDER by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 9
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 8 CERTIFICATE OF SERVICE filed by Defendant Flowers Foods, Inc., re Notice of Removal (Attorney Civil Case Opening),, #1 served on October 7, 2021. (James, Johnnie) |
| Filing 14 OPPOSITION TO DEFENDANT'S MOTION OF REMOVAL FOR STATE COURT filed by Plaintiff Dean Himbler Aviles. (iv) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Patricia Donahue. (jtil) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE In Support of Removal filed by Defendant Flowers Foods, Inc.. (Attachments: #1 Exhibit A - Himbler Corporate Statement of Information)(James, Johnnie) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Flowers Foods, Inc., (James, Johnnie) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Flowers Foods, Inc.. (James, Johnnie) |
| Filing 1 NOTICE OF REMOVAL from Superior Court for the County of Los Angeles, case number 21STCV31022 Receipt No: ACACDC-32075436 - Fee: $402, filed by Defendant Flowers Foods, Inc.. (Attachments: #1 Declaration of Johnnie A. James, #2 Exhibit A - Proof of Service of Summons, #3 Exhibit B - Civil Case Cover Sheet, #4 Exhibit C - Civil Case Cover Sheet Addendum, #5 Exhibit D - Summons, #6 Exhibit E - Complaint, #7 Exhibit F - Notice of Case Assignment, #8 Exhibit G - Notice of Case Management Conference, #9 Exhibit H - Answer to Complaint, #10 Declaration of Stephanie Tillman, #11 Declaration of Andre Daigle) (Attorney Johnnie A James added to party Flowers Foods, Inc.(pty:dft))(James, Johnnie) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Dean Himbler Aviles in Los Angeles Superior Court on 8/23/2021, attached as Exhibit E. (jtil) |
| CONFORMED COP OF ANSWER to Complaint filed by Defendant Flowers Foods, Inc. in Los Angeles Superior Court on 9/24/2021, attached as Exhibit H. (jtil) |
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| Plaintiff: Dean Himbler Aviles | |
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| Defendant: Flowers Foods, Inc. | |
| Represented By: | Johnnie A James |
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