Joe Phem v. Office Depot, Inc. et al
| Joe Phem |
| Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia, Office Depot Office Max and Does 1 to 100, inclusive |
| 2:2022cv03635 |
| May 26, 2022 |
| US District Court for the Central District of California |
| Michael R Wilner |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 Receipt of remand by Los Angeles County Superior Court on 6/21/2022. (lc) |
| Filing 17 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No. 22STCV08529. (lc) |
Filing 16
ORDER GRANTING JOINT STIPULATION TO REMAND ACTION TO STATE COURT #15 by Judge Otis D. Wright, II : 1. All dates presently all on calendar for this matter are vacated; 2. This Action is REMANDED to the Superior Court of the State ofCalifornia, County of Los Angeles, Stanley Mosk Courthouse, case no. 22STCV08529; and 3. Plaintiff will dismiss Defendants Ted Valencia, OfficeMax Incorporated n/k/a OfficeMax LLC, Office Depot Office Max and OfficeMax NorthAmerica, Inc. with prejudice within 5 court days of the case being remanded to state court. Case Terminated. Made JS-6. (lc)
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| Filing 15 Joint STIPULATION to Remand Case to State Court filed by Defendants Office Depot, LLC. (Attachments: #1 Proposed Order)(Quinn, Monica) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS Removing Defendants TO SHOW CAUSE in writing, no later than June 22, 2022, why this action should not be remanded for lack of subject-matter jurisdiction. Failure to timely or adequately respond to this Order may result in the remand ofthis matter without further warning. (lc)
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| Filing 13 NOTICE Plaintiff's Notice of Order Re: Scheduling Conference filed by Plaintiff Joe Phem. (Attachments: #1 Exhibit Plaintiff's Notice of Order re: Scheduling Conference)(Shu, Lily) |
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Filing 12
ORDER that the Scheduling Conference is set for August 1, 2022 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 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 havepending 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 PROOF OF SERVICE filed by Defendants Office Depot Office Max, Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia, re Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 served on May 27, 2022. (Peterson, Leah) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner. (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia. Filed in State Court on 5/24/2022 Submitted with Attachment 15 Exhibit N to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Defendant Ted Valencia served on 5/10/2022, answer due 5/31/2022. Service of the Summons and Complaint were executed upon Ted Valencia in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 5/11/2022 Submitted with Attachment 14 Exhibit M to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Defendant Officemax North America, Inc. served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Sarai Marin - CT Process Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 5/5/2022 Submitted with Attachment 10 Exhibit I to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 to 100, inclusive, Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia. Jury Demanded, filed by Plaintiff Joe Phem. Filed in State Court on 3/9/2022 Submitted with Attachment 2 Exhibit A to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Defendant Office Depot, LLC served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Anderson Registered Agents; Shayla Wilcox - Secretary in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 5/5/2022 Submitted with Attachment 11 Exhibit J to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Defendant Officemax Incorporated served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Sarai Marin - CT Process Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 5/5/2022 Submitted with Attachment 9 Exhibit H to Notice of Removal #1 (car) Modified on 5/27/2022 (car). |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Plaintiff Office Depot Office Max served on 5/3/2022, answer due 5/24/2022. Service of the Summons and Complaint were executed upon (John Doe) - Employee - Person Apparently in Charge 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 5/5/2022 Submitted with Attachment 12 Exhibit K to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Joe Phem, upon Defendant Office Depot, Inc. served on 5/10/2022, answer due 5/31/2022. Service of the Summons and Complaint were executed upon Nadia Bellamy -Authorized to Accept- Intake Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 5/12/2022 Submitted with Attachment 13 Exhibit L to Notice of Removal #1 (car) |
| Filing 6 PROOF OF SERVICE filed by Defendants Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia, re Notice of Related Case(s) #5 , Certificate/Notice of Interested Parties, #3 , Corporate Disclosure Statement #4 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,,,, #1 served on May 26, 2022. (Peterson, Leah) |
| Filing 5 NOTICE of Related Case(s) filed by Defendants Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia. (Peterson, Leah) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia identifying The ODP Corporation as Corporate Parent. (Peterson, Leah) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia, identifying Joe Phem, Plaintiff; Office Depot, Inc, Defendant; Office Depot, LLC, Defendant; OfficeMax Incorporated, Defendant; OfficeMax LLC, Defendant; OfficeMax North America, Inc., Defendant; Ted Valencia, Defendant. (Peterson, Leah) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Office Depot, Inc., Office Depot, LLC, Officemax Incorporated, Officemax North America, Inc., Ted Valencia. (Peterson, Leah) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superoir Court, case number 22STCV08529 Receipt No: ACACDC-33371332 - Fee: $402, filed by Defendants Ted Valencia, Officemax Incorporated, Office Depot, LLC, Office Depot, Inc., Officemax North America, Inc.. (Attachments: #1 Declaration Dec of LEP ISO Removal, #2 Exhibit Ex A to Dec of LEP ISO Removal, #3 Exhibit Ex B to Dec of LEP ISO Removal, #4 Exhibit Ex C to Dec of LEP ISO Removal, #5 Exhibit Ex D to Dec of LEP ISO Removal, #6 Exhibit Ex E to Dec of LEP ISO Removal, #7 Exhibit Ex F to Dec of LEP ISO Removal, #8 Exhibit Ex G to Dec of LEP ISO Removal, #9 Exhibit Ex H to Dec of LEP ISO Removal, #10 Exhibit Ex I to Dec ofLEP ISO Removal, #11 Exhibit Ex J to Dec of LEP ISO Removal, #12 Exhibit Ex K to Dec of LEP ISO Removal, #13 Exhibit Ex L to Dec of LEP ISO Removal, #14 Exhibit Ex M to Dec of LEP ISO Removal, #15 Exhibit Ex N to Dec of LEP ISO Removal, #16 Exhibit Ex O to Dec of LEP ISO Removal, #17 Declaration Dec of J Harold ISO Removal) (Attorney Leah Elizabeth Peterson added to party Office Depot, Inc.(pty:dft), Attorney Leah Elizabeth Peterson added to party Office Depot, LLC(pty:dft), Attorney Leah Elizabeth Peterson added to party Officemax Incorporated(pty:dft), Attorney Leah Elizabeth Peterson added to party Officemax North America, Inc.(pty:dft), Attorney Leah Elizabeth Peterson added to party Ted Valencia(pty:dft))(Peterson, Leah) |
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