Alex Hernandez et al v. Vie De France Yamazaki, Inc.et al
| Alex Hernandez and Gracie Hernandez |
| Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd., Reymundo Rodriguez, Does 1 through 50, inclusive and Does 1 through 10, inclusive |
| 2:2022cv03796 |
| June 3, 2022 |
| US District Court for the Central District of California |
| Andre Birotte |
| Pedro V Castillo |
| 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 September 1, 2022. A more recent docket listing may be available from PACER.
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Filing 28
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 9/23/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 27
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case For Failure To State A Claim [FRCP 12(B)(6)]; Memorandum Of Points And Authorities #26 filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Bogdan, William)
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Filing 26
NOTICE OF MOTION AND MOTION to Dismiss Case For Failure To State A Claim [FRCP 12(B)(6)]; Memorandum Of Points And Authorities filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. Motion set for hearing on 8/26/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of William A. Bogdan, #2 Exhibit 1 to Bogdan Declaration) (Bogdan, William)
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Filing 25
REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Stanley Mosk Courthouse #16 filed by Plaintiffs Alex Hernandez, Gracie Hernandez. (DeSimone, Vincent)
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Filing 24
NOTICE of Change of address by Michael David McConathy attorney for Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. Changing attorneys address to 50 California Street,, Suite 2900, San Francisco, CA 94111. Filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (McConathy, Michael)
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Filing 23
NOTICE of Change of address by William A Bogdan attorney for Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. Changing attorneys address to 50 California Street, Suite 2900, San Francisco, CA 94111. Filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (Bogdan, William)
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Filing 22
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Stanley Mosk Courthouse #16 in Support of Opposition filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (Bogdan, William)
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Filing 21
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Stanley Mosk Courthouse #16 filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (Bogdan, William)
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Filing 20
SECOND AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint,, filed by Plaintiffs Alex Hernandez, Gracie Hernandez(DeSimone, Vincent)
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Filing 19
ORDER APPROVING STIPULATION PERMITTING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT #18 by Judge Andre Birotte Jr. The Court has received and considered the parties Stipulation to Plaintiffs Filing Second Amended Complaint (Stipulation). (Dkt. No. 18). Good cause appearing, the Court APPROVES the Stipulation. Plaintiffs may file their Second Amended Complaint. Defendants have not waived any potential defenses or motions. Moreover, Plaintiffs Motion to Remand, (Dkt. No. 16), remains on the docket and set for hearing on August 12, 2022. IT IS SO ORDERED. (rolm)
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Filing 18
STIPULATION to AMEND filed by Plaintiff Alex Hernandez, Gracie Hernandez. (Attachments: #1 A true and accurate copy of the Proposed Plaintiffs' Second Amended Complaint, #2 Declaration of Alex Hernandez Pursuant to Code of Civil Procedure Section 377.32, #3 Declaration of Gracie Hernandez Pursuant to Code of Civil Procedure Section 377.32, #4 Exhibit A: Certified copy of the Death Certificate for Valerie M. Esquivel, #5 Proposed Order Granting Stipulation to Plaintiffs Filing Second Amended Complaint)(DeSimone, Vincent)
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Filing 17
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Stanley Mosk Courthouse #16 . 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)
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Filing 16
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Stanley Mosk Courthouse filed by Plaintiffs Alex Hernandez, Gracie Hernandez. Motion set for hearing on 8/12/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Emily C. Barbour, Esq. in Support of Plaintiffs' Motion to State Court, #2 Exhibit A: A copy of the Proof of Service of Defendant Rodriguez, #3 Proposed Order Granting Motion to Remand Action to State Court) (DeSimone, Vincent)
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Filing 15
ORDER APPROVING STIPULATION EXTENDING DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #11 , the Court hereby ORDERS that Defendant Vie de France Yamazaki, Inc., and specially appearing defendants Yamazaki Baking Co. Ltd. and Reymundo Rodriguez's deadline to respond to the First Amended Complaint is 7/15/2022. If Plaintiffs choose to file a Second Amended Complaint ("SAC"), Defendant Vie de France Yamazaki, Inc., and specially appearing defendants Yamazaki Baking Co. Ltd. and Reymundo Rodriguez's deadline to respond to the SAC will be measured from the date the SAC is filed and served. (gk)
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Filing 14
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-CV-02491-AB(PVCx). Case transferred from Magistrate Judge Jacqueline Chooljian and Judge Michael W. Fitzgerald to Judge Andre Birotte Jr and Magistrate Judge Pedro V. Castillo for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-CV-03796-AB(PVCx). Signed by Judge Andre Birotte Jr. (aco)
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Filing 12
NOTICE of Related Case(s) filed by defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. Related Case(s): 2 2:22-cv-03798 DSF(MARx) (Bogdan, William)
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Filing 11
STIPULATION for Extension of Time to File Response as to Amended Complaint, filed by defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. (Attachments: #1 Proposed Order)(Bogdan, William)
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Filing 10
NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Rozella A. Oliver to Judge Michael W. Fitzgerald for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jacqueline Chooljian. The case number will now reflect the initials of the transferee Judges 2:22-cv-03796 MWF(JCx). (rn)
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Filing 9
NOTICE of Related Case(s) filed by defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. Related Case(s): 2:22-CV-03798-MRW (Attachments: #1 Proposed Order)(Bogdan, William)
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Filing 8
ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Defendants Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd.. The Defendants does not consent. (Bogdan, William)
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Filing 7
NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Rozella A. Oliver. (Attachments: #1 CV11-C) (car)
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CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 50, inclusive, Reymundo Rodriguez, Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd. amending Complaint - (Discovery),, filed by Plaintiffs Alex Hernandez, Gracie Hernandez. Filed in State Court on 4/1/2022 Submitted with Exhibit B Attachment 3 to Notice of Removal #1 (car)
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CONFORMED COPY OF COMPLAINT against Defendants Alex Hernandez, Gracie Hernandez. Jury Demanded, filed by Plaintiffs Alex Hernandez, Gracie Hernandez. Filed in State Court on 3/29/2022 Submitted with Exhibit A Attachment 2 to Notice of Removal #1 (car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS, COMPLAINT AND FIRST AMENDED COMPLAINT Executed by Plaintiffs Alex Hernandez, Gracie Hernandez, upon Defendant Yamazaki Baking Co., Ltd. served on 5/9/2022, answer due 5/31/2022. Service of the Summons and Complaint were executed upon Yasuyuki Oshima, Agent for Service 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 5/16/2022 Submitted with Exhibit K Attachment 12 to Notice of Removal #1 (car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS, COMPLAINT AND FIRST AMENDED COMPLAINT Executed by Plaintiffs Alex Hernandez, Gracie Hernandez, upon Defendant Raymond Rodriguez served on 5/11/2022, answer due 6/1/2022. 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 5/16/2022 Submitted with Exhibit K Attachment 12 to Notice of Removal #1 (car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Vie De France Yamazaki, Inc., upon Defendant Vie De France Yamazaki, Inc. served on 5/4/2022, answer due 5/25/2022. Service of the Summons and Complaint were executed upon CSC Lawyers Incorp/Agent for Service (Rec'd by Koy Saechao, 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 5/16/2022 Submitted with Exhibit K Attachment 12 to Notice of Removal #1 (car)
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Filing 6
Notice of Appearance or Withdrawal of Counsel: for attorney Michael David McConathy counsel for Defendants Reymundo Rodriguez, VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation, Yamazaki Baking Co., Ltd.. Adding Michael David McConathy as counsel of record for Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd. and Reymundo Rodriguez for the reason indicated in the G-123 Notice. Filed by Defendants Vie De France Yamazaki, Inc., Yamazaki Baking Co., Ltd. and Reymundo Rodriguez. (Attorney Michael David McConathy added to party Reymundo Rodriguez(pty:dft), Attorney Michael David McConathy added to party VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation(pty:dft), Attorney Michael David McConathy added to party Yamazaki Baking Co., Ltd.(pty:dft))(McConathy, Michael)
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Filing 5
CERTIFICATE of Interested Parties filed by Defendants All Defendants, (Bogdan, William)
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Filing 4
CORPORATE DISCLOSURE STATEMENT filed by Defendants VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation, Yamazaki Baking Co., Ltd. identifying Yamazaki Baking Company, Ltd. as Corporate Parent. (Bogdan, William)
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Filing 3
Request for Judicial Notice filed by Defendants Reymundo Rodriguez, VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation, Yamazaki Baking Co., Ltd. re: Notice of Removal (Attorney Civil Case Opening),,,, #1 (Bogdan, William)
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Filing 2
CIVIL COVER SHEET filed by Defendants Reymundo Rodriguez, VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation, Yamazaki Baking Co., Ltd.. (Bogdan, William)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV10762 Receipt No: ACACDC-33407610 - Fee: $402, filed by defendants Yamazaki Baking Co., Ltd., VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation, Reymundo Rodriguez. (Attachments: #1 Declaration of William A. Bogdan, #2 Exhibit A - Complaint, #3 Exhibit B - First Amended Complaint, #4 Exhibit C - State Court Civil Cover Sheet, #5 Exhibit D - Los Angeles Superior Court Register of Actions, #6 Exhibit E - Alternate Dispute Resolution Packet, #7 Exhibit F - First Amended General Order re: Mandatory Electronic Filing, #8 Exhibit G - Notice of Case Assignment, #9 Exhibit H - Summonses on Complaint and First Amended Complaint, #10 Exhibit I - Voluntary Efficient Litigation Package, #11 Exhibit J - Notice of Case Management Conference, #12 Exhibit K - Proofs of Service of First Amended Complaint, #13 Declaration of David B. Conner) (Attorney William A Bogdan added to party Reymundo Rodriguez(pty:dft), Attorney William A Bogdan added to party VIE DE FRANCE YAMAZAKI, INC. a Virginia Corporation(pty:dft), Attorney William A Bogdan added to party Yamazaki Baking Co., Ltd.(pty:dft))(Bogdan, William)
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