George Melek v. The Sherwin-Williams Company et al
George Melek |
THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation, The Sherwin-Williams Company and Does 1 through 50, inclusive |
2:2022cv03089 |
May 6, 2022 |
US District Court for the Central District of California |
Stanley Blumenfeld |
Alka Sagar |
Civil Rights: Jobs |
28 U.S.C. § 1332 Diversity-Employment Discrimination |
Both |
Docket Report
This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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Filing 23 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 21STUD04256, acknowledged on 7/12/2022. (gk) |
Filing 22 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
Filing 21 MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION TO REMAND AND DENYING AS MOOT DEFENDANT'S MOTION TO COMPEL ARBITRATION by Judge Stanley Blumenfeld, Jr.: Because Sherwin-Williams has not met its heavy burden to establish that Delayo was fraudulently joined, Plaintiff's motion to remand #12 is GRANTED. Sherwin-Williams's motion to compel arbitration #11 is therefore DENIED as moot. The Court remands this case to Los Angeles Superior Court, Case No. 22STCV04256. ( MD JS-6. Case Terminated. ) Court Reporter: N/A. (gk) |
Filing 20 REPLY REPLY IN SUPPORT First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 REPLY TO DEFENDANTS OPPOSITION TO MOTION TO REMAND filed by Plaintiff George Melek. (Kazandjian, Haig) |
Filing 19 REPLY in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant The Sherwin-Williams Company. (Attachments: #1 Objections to Declaration of Plaintiff George Melek Submitted in Support of Plaintiff's Opposition to Defendant's Motion to Compel Arbitration, #2 Declaration of Phoebe Marashi in Support of Motion to Compel Arbitration)(Farag, Shareef) |
Filing 18 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #11 OPPOSITION filed by Plaintiff George Melek. (Attachments: #1 Declaration PLAINTIFF GEORGE MELEK DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO COMPEL ARBITRATION)(Kazandjian, Haig) |
Filing 17 NOTICE OF LODGING filed Notice of Lodging of [Proposed] Order re Objection/Opposition (Motion related), #16 , First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 (Poper, Nicholas) |
Filing 16 Opposition in opposition to re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 Defendant The Sherwin-Williams Company's Opposition to Plaintiff's Motion to Remand filed by Defendant The Sherwin-Williams Company. (Poper, Nicholas) |
Filing 15 NOTICE of Interested Parties filed by PLAINTIFF George Melek, (Kazandjian, Haig) |
Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #12 ) is accepted as filed. The filer has until close of business day, 4:30 PM PST, on June 8, 2022 to file their Notice of Interested Parties in accordance with Local Rule 7.1-1. (jgr) |
Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 . 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. (gk) |
Filing 12 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff George Melek. Motion set for hearing on 7/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order [Proposed] Order Granting Motion for Remand) (Kazandjian, Haig) |
Filing 11 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant The Sherwin-Williams Company. Motion set for hearing on 7/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice - AAA Employment Rules, 6a, #3 Declaration of Lisa Robertson, #4 Exhibit A to Decl. of Lisa Robertson - Employment Dispute Mediation and Arbitration Policy, #5 Exhibit B to Decl. of Lisa Robertson - Problem Resolution Procedures TAG, #6 Exhibit C to Decl. of Lisa Robertson - Email Correspondence re Offer Letter (Redacted), #7 Exhibit D to Decl. of Lisa Robertson - Offer Letter (Redacted), #8 Exhibit E to Decl. of Lisa Robertson - Application Submission, #9 Declaration of Shareef Farag, #10 Exhibit A to Decl. of Shareef Farag - Ms. Gonzalez's email dated May 24, 2022, #11 Exhibit B to Decl. of Shareef Farag - Sherwin-Williams' email dated June 2, 2022 with enclosures, #12 Proposed Order) (Farag, Shareef) |
Filing 10 (IN CHAMBERS) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court, on its own motion, CONTINUES the Mandatory Scheduling Conference in this matter to July 8, 2022 at 8:30 a.m. By no later than June 7, 2022, Plaintiff shall file his motion to remand and Defendant shall file its motion to compel arbitration. The parties respective oppositions are due by June 14, 2022 and their replies, if any, by June 17, 2022. The Court will hear both motions on July 8, 2022 at 8:30 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY |
Filing 9 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days (Plaintiff); 3-4 days (Defendant), filed by Defendant The Sherwin-Williams Company.. (Poper, Nicholas) |
Filing 8 ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on June 3, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by May 24, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr) |
Filing 7 CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr) |
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 Stanley Blumenfeld, Jr and Magistrate Judge Alka Sagar. (lh) |
CONFORMED FILED COPY OF COMPLAINT against Defendants Does, The Sherwin-Williams Company. Jury Demanded, filed by Plaintiff George Melek. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/03/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant The Sherwin-Williams Company. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
Filing 3 Certification and NOTICE of Interested Parties filed by Defendant THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation, identifying George Melek, Defendant; The Sherwin-Williams Company, A defendant in this action and a publicly-held Ohio corporation traded on the New York Stock Exchange (ticker symbol: SHW). The Sherwin-Williams Company has no parent corporation, and there is no publicly-held corporation that owns 10% or more of its stock; Nephtali Delayo, Defendant. (Poper, Nicholas) |
Filing 2 CIVIL COVER SHEET filed by Defendant THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation. (Poper, Nicholas) |
Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV04256 Receipt No: ACACDC-33256824 - Fee: $402, filed by Defendant THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendant The Sherwin-William Company's Answer to Plaintiff's Unverified Complaint for Damages) (Attorney Nicholas D Poper added to party THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation(pty:dft))(Poper, Nicholas) |
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