Emmanuel Renero et al v. Johnson Controls, Inc.
| Emmanuel Renero, Albert Aguero, Yobany Hernandez, Juan Pedroza, Armando Negrete and Ray DeGuzman |
| Johnson Controls, Inc. |
| 2:2021cv08804 |
| November 8, 2021 |
| US District Court for the Central District of California |
| Gail J Standish |
| Otis D Wright |
| Labor: Other |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 29 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER that This case is DISMISSED for lack of subject matter jurisdiction. The parties Stipulationto Amend Complaint is DENIED AS MOOT #25 . Defendant's Motion to Dismissis DENIED AS MOOT #26 All other dates and deadlines are VACATED. TheClerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc) |
| Filing 28 CERTIFICATE of Interested Parties filed by Defendant Johnson Controls, Inc., (Crosner, Ryan) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ohnson Controls, Inc.'s NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Breach of Contract Claim #26 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Breach of Contract Claim filed by Defendant Johnson Controls, Inc.. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Ryan H. Crosner ISO, #2 Proposed Order) (Crosner, Ryan) |
| Filing 25 Corrected STIPULATION to AMEND Amended Complaint/Petition, #18 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Attachments: #1 Exhibit A - Redlined Proposed Second Amended Complaint, #2 Exhibit B - Clean Copy Proposed Second Amended Complaint, #3 Proposed Order)(Graham, Taylor) |
| Filing 24 RESPONSE filed by Defendant Johnson Controls, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #20 Defendant Johnson Controls, Inc.'s Response to Order to Show Cause Re: Subject Matter Jurisdiction (Attachments: #1 Declaration of Christine Worrell In Support Of Defendant Johnson Controls, Inc.'s Response to Order to Show Cause Re: Subject Matter Jurisdiction)(Crosner, Ryan) |
| Filing 23 RESPONSE filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Reneroto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #20 (Attachments: #1 Declaration Graham Declaration In Support of OSC Response)(Graham, Taylor) |
Filing 22
MINUTE ORDER (In Chambers): Order DENYING Stipulation to Amend Complaint with Instructions #21 ; ORDER TO SHOW CAUSE re: Lack of Prosecution by Judge Otis D. Wright, II. If the parties wish to re-stipulate to amendment, the parties are ORDERED to include one of the following with the amended stipulation: (1) a redlined copy of the Second Amended Complaint showing the changes made to the First Amended Complaint; or (2) a detailed, line-item, exhaustive list of all differences between the First and Second AmendedComplaints, signed by an attorney under penalty of perjury. The effect of this ruling is that Defendant is in default because Defendant's answer was due by February 15, 2022-fourteen days after Plaintiff filed the First Amended Complaint. Fed. R. Civ. P. 15(a)(3). Plaintiff has not yet requested entry of Defendant's default. Therefore, Plaintiffs are ORDERED TO SHOW CAUSE, in writing only, no later than seven (7) calendar days from the date of this Order, why Defendant should not be dismissed for lack of prosecution. The Court's February 14, 2022 Order to Show Cause remains in full force and effect.(ECF No. 20.) See minute order for further details. (lom)
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| Filing 21 STIPULATION to AMEND Amended Complaint/Petition, #18 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Attachments: #1 Proposed Order)(Graham, Taylor) |
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Filing 20
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE re: Subject Matter Jurisdiction (Diversity Jurisdiction) by Judge Otis D. Wright, II. The Court has reviewed Plaintiffs' First Amended Complaint (FAC), and it is not clear that the Court has diversity jurisdiction over this matter. Accordingly, the parties are ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than February 18, 2022, why this action should not be dismissed for lack of diversity jurisdiction. (lom)
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| Filing 19 RESPONSE filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Reneroto Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines,,,,, #17 (Attachments: #1 Declaration Graham Declaration In Support of OSC Response)(Graham, Taylor) |
| Filing 18 FIRST AMENDED COMPLAINT against Defendant Johnson Controls, Inc. amending Complaint (Attorney Civil Case Opening),, #1 , filed by Plaintiffs Ray DeGuzman, Emmanuel Renero, Juan Pedroza, Yobany Hernandez, Albert Aguero, Armando Negrete (Attachments: #1 Exhibit PAGA Claim Notice Letter)(Graham, Taylor) |
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:ORDER TO SHOW CAUSE re: Subject Matter Jurisdiction (CAFA Amount in Controversy). The Court has reviewed Plaintiffs' Complaint, and it is not clear that the Court has subject matter jurisdiction over this action under CAFA. In particular, and without limitation,the Court notes that the Complaint's allegations that the amount in controversy in this case exceeds $5 million are unconvincing. Accordingly, the parties are ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than February 9, 2022, why this action should not be dismissed for lack of subject-matter jurisdiction. Parties shall limit their Responses to eight (8) pages and are encouraged to submit evidence and/or judicially noticeable facts in support. The parties should consider this Minute Order to be a two-pronged inquiry into the facial and factual sufficiency of Plaintiffs' demonstration of jurisdiction. If a party needs more time to procure evidence for their jurisdictional assertions, that party should make a request for more time as part of its Response. As Plaintiffs are the parties asserting federal jurisdiction, Plaintiffs' failure to timely respond to this order shall result in dismissal of the case without prejudice, without further warning. (lc)
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having received and reviewed the parties Joint Stipulation #15 ,the Court ORDERS that Defendant's deadline to answer or otherwise respond to the Complaint is extended to February 4, 2022. (lc) Modified on 12/14/2021 (lc).
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| Filing 15 STIPULATION for Extension of Time to File Answer to February 4, 2022 re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Attachments: #1 Proposed Order)(Graham, Taylor) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order DENYING Stipulation to extend the time for Defendants to answer the Complaint in this matter #13 . The Stipulation is out of compliance with Central District Local Rule 5-4.3.4(a)(2)(i) regarding electronic signatures. The Court will not waive this omission in this instance, especially when Defendant's counsel has not yet formally entered his appearance. The Stipulation is DENIED WITHOUT PREJUDICE. (lc)
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| Filing 13 STIPULATION for Extension of Time to File Answer to February 4, 2022 re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Attachments: #1 Proposed Order)(Graham, Taylor) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Ray DeGuzman, Emmanuel Renero, Juan Pedroza, Yobany Hernandez, Albert Aguero, Armando Negrete, upon Defendant Johnson Controls, Inc. served on 11/22/2021, answer due 12/13/2021. Service of the Summons and Complaint were executed upon John Montijo, Authorized Agent in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Graham, Taylor) |
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Filing 11
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 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant Johnson Controls, Inc. (lc) |
| Filing 9 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #8 , Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Graham, Taylor) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Gail J. Standish. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Graham, Taylor) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero, identifying All Plaintiffs & Defendant. (Graham, Taylor) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Albert Aguero, Ray DeGuzman, Yobany Hernandez, Armando Negrete, Juan Pedroza, Emmanuel Renero. (Graham, Taylor) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32294322 - Fee: $402, filed by Plaintiffs Ray DeGuzman, Emmanuel Renero, Juan Pedroza, Yobany Hernandez, Albert Aguero, Armando Negrete. (Attorney Taylor Bell Graham added to party Albert Aguero(pty:pla), Attorney Taylor Bell Graham added to party Ray DeGuzman(pty:pla), Attorney Taylor Bell Graham added to party Yobany Hernandez(pty:pla), Attorney Taylor Bell Graham added to party Armando Negrete(pty:pla), Attorney Taylor Bell Graham added to party Juan Pedroza(pty:pla), Attorney Taylor Bell Graham added to party Emmanuel Renero(pty:pla))(Graham, Taylor) |
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