Paul Rodriguez v. Commerce Distribution Company LLC et al
| Paul Rodriguez |
| Commerce Distribution Company LLC, Smart and Final Stores LLC, Smart and Final LLC and Does 1-10, inclusive |
| 2:2022cv03159 |
| May 6, 2022 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| John E McDermott |
| John F Walter |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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Filing 27
ORDER OF THE CHIEF JUDGE (#OCJ 22-147) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Garnett, Sherilyn Peace, this case is transferred from Judge John F. Walter to the calendar of Judge Sherilyn Peace Garnett for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-03159-SPG-JEMx. (aco)
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Filing 26
ORDER ON JOINT STIPULATION TO STAY PROCEEDINGS AND CONTINUE MEDIATION COMPLETION DATE, DEADLINE TO SUBMIT JOINT REPORT REGARDING RESULTS OF MEDIATION AND DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION #25 by Judge John F. Walter. The deadline to complete mediation is continued to August 17, 2022. This action is stayed until August 31, 2022. (iv)
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Filing 25
Joint STIPULATION to Stay Case pending AND CONTINUE MEDIATION COMPLETION DATE, DEADLINE TO SUBMIT JOINT REPORT REGARDING RESULT OF MEDIATION AND DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION filed by Plaintiff Paul Rodriguez. (Attachments: #1 Proposed Order)(Lapuyade, Jean-Claude)
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Filing 24
ORDER DENYING JOINT STIPULATION TO STAY PROCEEDINGS AND CONTINUE MEDIATION COMPLETION DATE AND DEADLINE TO SUBMIT JOINT REPORT REGARDING RESULTS OF MEDIATION #23 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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Filing 23
Joint STIPULATION to Stay Case pending Proceedings and Continue Mediation Completion Date & Deadline to Submit Joint Report Re Result of Mediation filed by Defendants Commerce Distribution Company LLC, Smart and Final LLC, Smart and Final Stores LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Roberts, Maria)
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Filing 22
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 21
ORDER/REFERRAL to ADR Procedure No 3 by Judge John F. Walter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than July 27, 2022. (rolm)
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Filing 20
DECLARATION of Jean-Claude Lapuyade, Esq. Regarding Court-Ordered Meet and Confer (Dkt. 14) filed by Plaintiff Paul Rodriguez. (Lapuyade, Jean-Claude)
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Filing 19
DECLARATION of Dessi N. Day Regarding Court-Ordered Meet and Confer (Dkt. 14) filed by Defendants Commerce Distribution Company LLC, Smart and Final LLC, Smart and Final Stores LLC. (Attachments: #1 Proof of Service)(Day, Dessislava)
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Filing 18
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14-21, filed by Plaintiff Paul Rodriguez.. (Lapuyade, Jean-Claude)
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Filing 17
DECLARATION of Lead Trial Counsel for Defendants, Maria C. Roberts filed by Defendants Commerce Distribution Company LLC, Smart and Final LLC, Smart and Final Stores LLC. (Attachments: #1 Proof of Service)(Roberts, Maria)
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Filing 16
DECLARATION of Lead Trial Counsel for Plaintiff, Jean-Claude Lapuyade, Esq. filed by Plaintiff Paul Rodriguez. (Attachments: #1 Proof of Service)(Lapuyade, Jean-Claude)
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Filing 15
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Paul Rodriguez, (Attachments: #1 Proof of Service)(Lapuyade, Jean-Claude)
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Filing 14
Text Entry Order: Based on the Declaration of Jean-Claude Lapuyade, Esq. Re: Order to Show Cause Re: Failure to Meet andConfer Pursuant to L.R. 7-3, filed May 18, 2022 (Docket No. #13 ), the Court discharges the Order to Show Cause filed May 16, 2022 (Docket No. 12 ) and STRIKES Defendants Motion Pursuant to F.R.C.P. RULE 12(b)(6), filed May 13, 2022 (Docket No. #11 , for violation of paragraph 5(b) of the Courts Standing Order. If Defendants wish to re-file the Motion, lead counsel shall meet and confer in person by May 27, 2022. In the unlikely event that the parties cannot resolve issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 13
[DECLARATION OF JEAN-CLAUDE LAPUYADE, ESQ. RE: ORDER TO SHOW CAUSE RE: FAILURE TO MEET AND CONFER PURSUANT TO L.R. 7-3 filed as] DECLARATION of Jean-Claude Lapuyade, Esq. in opposition to NOTICE OF MOTION AND MOTION to Dismiss Pursuant to F.R.C.P. RULE 12(b)(6) #11 filed by Plaintiff Paul Rodriguez. (Attachments: #1 Exhibit 1 - Counsel for Defendants May 9, 2022 Meet and Confer Letter, #2 Exhibit 2 - Los Angeles Superior Court's Judge Kuhls Minute Order, #3 Exhibit 3 - E-mail Correspondence Requesting Courtesy Electronic Copies of Defendants Removal Papers, #4 Proof of Service)(Lapuyade, Jean-Claude) Modified on 5/19/2022 (lom).
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Filing 12
Text Entry Order: Based on the Declaration of Dessi N. Day, filed May 13, 2022 (Docket No. [11-2]), it appears that Plaintiffs counsel refused to participate in the Local Rule 7-3 conference required by the Court's Standing Order, filed May 11, 2022 (Docket No. #9 ). Accordingly, counsel for Plaintiff is ordered to show cause, in writing, on or before May 18, 2022, why Plaintiffs counsel should not be sanctioned in the amount of $1,500 and/or why this action should not be dismissed for violation of the Court's Standing Order. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and/or the dismissal of this action THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 11
*Stricken* NOTICE OF MOTION AND MOTION to Dismiss Pursuant to F.R.C.P. RULE 12(b)(6) filed by Defendant Commerce Distribution Company LLC, Smart and Final LLC, Smart and Final Stores LLC. Motion set for hearing on 6/13/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Dessi N. Day, #3 Proposed Order, #4 Proof of Service) (Roberts, Maria) Modified on 5/19/2022 (sr).
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Filing 10
COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for June 13, 2022 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 May 31, 2022. The title page of the Joint Report must state the date and time of the Scheduling Conference. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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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. Both the Court and counsel bear responsibility for the progress of litigation in Federal Court. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 8
TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 7
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Civil Cover Sheet (CV-71), #2 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Declaration of Maria C. Roberts, No. 2 Declaration of Ginny Diaz, No. 3 Certification and Notice of Interested Parties and No. 4 Proof of Service should not have been attached to Docket Entry No. 2. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh)
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Filing 6
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (lh)
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Filing 3
NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge John F. Walter for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John E. McDermott. New Case Number 2:22-cv-03159 JFW (JEMx). (lh)
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Filing 2
CIVIL COVER SHEET filed by Defendants Commerce Distribution Company LLC, Smart & Final LLC, Smart & Final Stores LLC. (Attachments: #1 Declaration of Maria C. Roberts, #2 Declaration of Ginny Diaz, #3 Certification and Notice of Interested Parties, #4 Proof of Service)(Roberts, Maria)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior, case number 22STCV11092 Receipt No: ACACDC-33254786 - Fee: $402, filed by Defendant Commerce Distribution Company LLC, Smart & Final LLC, Smart & Final Stores LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Maria C Roberts added to party Commerce Distribution Company LLC(pty:dft), Attorney Maria C Roberts added to party Smart & Final LLC(pty:dft), Attorney Maria C Roberts added to party Smart & Final Stores LLC(pty:dft))(Roberts, Maria)
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