David Townsend v. J.B. Hunt Transport Services Inc et al
| David Townsend |
| J.B. Hunt Transport Services Inc, J.B. Hunt Transport Inc., Doe and Does 2 through 50, inclusive |
| 2:2022cv05185 |
| July 27, 2022 |
| US District Court for the Central District of California |
| Percy Anderson |
| Maria A Audero |
| John D Early |
| Philip S Gutierrez |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 51
(IN CHAMBERS) ORDER DISMISSING ACTION by Judge Philip S. Gutierrez. The Court, having been advised by the Notice of Settlement #50 that the case has settled, hereby orders all proceedings, if any, vacated and the action dismissed without prejudice. Further, the Court retains jurisdiction for sixty (60) days to vacate this order and to reopen the action upon showing of good cause that the settlement has not been completed. (Made JS-6. Case Terminated.) (yl)
|
| Filing 50 NOTICE OF ERRATA filed by Plaintiff David Townsend. correcting Notice of Settlement #49 (Attachments: #1 Exhibit Exhibit A - Corrected Notice of Settlement)(Mauro, Gregory) |
| Filing 49 NOTICE of Settlement AND REQUEST TO VACATE ALL CORRESPONDING DEADLINES filed by Plaintiff David Townsend. (Mauro, Gregory) |
|
Filing 48
MINUTE ORDER DENYING Plaintiff's motion to remand #34 by Judge Philip S. Gutierrez. Before the Court is a motion to remand filed by Plaintiff David Townsend. The motion to remand is DENIED. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 47 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Please be advised that the Scheduling Conference #41 is continued to 6/23/23 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 46 SECOND JOINT SCHEDULING CONFERENCE REPORT filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (McNatt, Christopher) |
| Filing 45 BILL OF COSTS. Costs Taxed in amount of $505 in favor of Defendants, J.B. Hunt Transport Services, Inc. and J.B. Hunt Transport, Inc. and against Plaintiff. #29 (rmo) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Chad McNatt, Jr counsel for Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. Rebecca Renee Brown is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants J.B. Hunt Transport Services, Inc., and J.B. Hunt Transport Inc.. (McNatt, Christopher) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney James Anthony Eckhart counsel for Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. Adding James A. Eckhart as counsel of record for J.B. Hunt Transport Services, Inc. and J.B. Hunt Transport, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants J.B. Hunt Transport Services, Inc., and J.B. Hunt Transport Inc.. (Attorney James Anthony Eckhart added to party J.B. Hunt Transport Inc.(pty:dft), Attorney James Anthony Eckhart added to party J.B. Hunt Transport Services Inc(pty:dft))(Eckhart, James) |
|
Filing 42
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
|
|
Filing 41
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 6/9/2023 at 02:00 PM before Judge Philip S. Gutierrez. (wm)
|
| Filing 40 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Please be advised that the RENEWED MOTION to Remand #34 is reset for hearing on 06/09/2023 at 1:30 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
|
Filing 39
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:20-cv-01701 PSG(JDEx). Case transferred from Judge Percy Anderson and Magistrate Judge Maria A. Audero to Judge Philip S. Gutierrez and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-05185 PSG(JDEx). Signed by Judge Philip S. Gutierrez (rn)
|
| Filing 38 JOINT SCHEDULING CONFERENCE REPORT filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (McNatt, Christopher) |
| Filing 37 NOTICE of Related Case(s) filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. Related Case(s): 8:20-cv-01701 (Attachments: #1 Exhibit A1 - Defendant's Second Notice of Related Case)(McNatt, Christopher) |
| Filing 36 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT #34 Plaintiff's Reply to Defendant's Opposition to Plaintiff's Renewed Motion to Remand filed by Plaintiff David Townsend. (Mauro, Gregory) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT #34 filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (McNatt, Christopher) |
| Filing 34 NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT filed by PLAINTIFF David Townsend. Motion set for hearing on 4/24/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 DECLARATION OF GREGORY MAURO IN SUPPORT OF MOTION TO REMAND, #2 [PROPOSED] ORDER RE PLAINTIFFS RENEWED MOTION TO REMAND) (Mauro, Gregory) |
| Filing 33 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for May 1, 2023, at 10:30 a.m. This action has been assigned to the calendar of United States District Judge Percy Anderson. (See document for further details). (aco) |
|
Filing 32
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the Ninth Circuit's Mandate issued on March 23, 2023. The Court instructs the Clerk to issue the Court's Order Setting Scheduling Conference and to set the Scheduling Conference for May 1, 2023, at 1:30 p.m. (Made JS-5, Case reopened). (aco)
|
| Filing 31 MANDATE of Ninth Circuit Court of Appeals filed re: USCA 23-55044, CCA # 23-55044 #27 . USCA Memorandum #28 , We accordingly reverse and remand with instructions for the district court to exercise CAFA jurisdiction. REVERSED AND REMANDED.] (mat) |
| Filing 30 PLAINTIFF'S OBJECTION TO DEFENDANT'S BILL OF COSTS Opposition re: APPLICATION to the Clerk to Tax Costs against Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc #29 filed by Plaintiff David Townsend. (Mauro, Gregory) |
| Filing 29 APPLICATION to the Clerk to Tax Costs against Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Exhibit A - A - Docket Text Receipt for $505 Filing Fee for Notice of Appeal) (McNatt, Christopher) |
| Filing 28 MEMORANDUM from Ninth Circuit Court of Appeals filed. CCA # 23-55044. We accordingly reverse and remand with instructions for the district court to exercise CAFA jurisdiction. REVERSED AND REMANDED. [See document for more details.](mat) |
| FILING FEE PAID for Notice of Appeal to Ninth Circuit Court of Appeals. Receipt No. ACACDC-34654403 for $505 filing fee. (Hanson, James) |
| Filing 27 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55044 assigned to USCA Order, #26 as to Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (mat) |
|
Filing 26
ORDER from Ninth Circuit Court of Appeals filed. CCA # 22-80094. The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010). Within 7 days after the filing date of this order, petitioners shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). [See document for more details.] (mat)
|
| Filing 25 Receipt of LETTER OF TRANSMITTAL-REMAND TO SUPERIOR COURT. (aco) |
| Filing 24 TRANSMITTAL of documents to Superior Court of California, County of Los Angeles. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Los Angeles. (aco) |
|
Filing 23
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. For the reasons stated above, Defendant have failed to satisfy its burden of showing, by a preponderance of the evidence, that the amount in controversy exceeds $5,000,000 as required for federal jurisdiction under CAFA. This action is hereby remanded to the Superior Court of California, County of Los Angeles, Case No. 20STCV28722, for lack of subject matter jurisdiction. Because the Court remands this action, Plaintiffs Motion to Remand (Docket No. 21) is denied as moot.; denying as moot #21 MOTION to Remand Case to State Court. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
|
| Filing 22 RESPONSE filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Incto Order to Show Cause, #20 Why Case Should Not Be Remanded To State Court (Attachments: #1 Declaration of Eric Lemmon in Support of Defendant's Response to Court's Order to Show Cause)(McNatt, Christopher) |
| Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff David Townsend. Motion set for hearing on 9/12/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Proposed Order) (Mauro, Gregory) |
|
Filing 20
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court hereby orders Defendants to show cause in writing why this case should not be remanded for lack of subject matter jurisdiction because Defendants have failed to show, by a preponderance of the evidence, that the amount in controversy requirement for CAFA jurisdiction has been met. Defendants' response to this Order to Show Cause shall be filed no later than August 15, 2022. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
|
|
Filing 19
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson. APPLICATION of Attorney Karen Butler Reisinger to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. The Court HEREBY ORDERS THAT the Application be DENIED pursuant to L.R. 83-2.1.3.2, previous Applications listed indicate Applicant is regularly employed or engaged in business, professional, or other similar activities in California, because failure to list all cases in which you had applied for pro hac vice status.; denying #14 Non-Resident Attorney Karen Butler Reisinger. (aco)
|
|
Filing 18
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson. APPLICATION of Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. The Court HEREBY ORDERS THAT the Application be DENIED pursuant to L.R. 83-2.1.3.2, previous Applications listed indicate Applicant is regularly employed or engaged in business, professional, or other similar activities in California.; denying #15 Non-Resident Attorney James H. Hanson. (aco)
|
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. The document is stricken. Application not hand-signed. RE: APPLICATION of Non-Resident Attorney Karen B. Reisinger to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717822) #6 , APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717531) #5 (aco) |
|
Filing 16
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge R. Gary Klausner, for the reasons set forth on this order. Related Case No. 2:07-cv-08336-RGK (AFMx). (et)
|
| Filing 15 APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Previously Paid on 7/29/2022, Receipt No. 33717531) filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Hanson, James) |
| Filing 14 APPLICATION of Non-Resident Attorney Karen Butler Reisinger to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Previously Paid on 7/29/2022, Receipt No. 33717822) filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Reisinger, Karen) |
| Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Karen B. Reisinger to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717822) #6 , APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717531) #5 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 12 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for September 12, 2022, at 10:30 a.m. Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) |
|
Filing 11
STANDING ORDER by Judge Percy Anderson. 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 Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
|
| 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 Percy Anderson and Magistrate Judge Maria A. Audero. (car) |
| Filing 6 [DOCUMENT STRICKEN PER ORDER ON 08/02/2022, SEE DOCKET NO. 17] APPLICATION of Non-Resident Attorney Karen B. Reisinger to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717822) filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Proposed Order) (Attorney Karen B Reisinger added to party J.B. Hunt Transport Inc.(pty:dft), Attorney Karen B Reisinger added to party J.B. Hunt Transport Services Inc(pty:dft)) (Reisinger, Karen) Modified on 8/2/2022 (aco). |
| Filing 5 [DOCUMENT STRICKEN PER ORDER ON 08/02/2022, SEE DOCKET NO. 17] APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33717531) filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Proposed Order) (Attorney James H. Hanson added to party J.B. Hunt Transport Inc.(pty:dft), Attorney James H. Hanson added to party J.B. Hunt Transport Services Inc(pty:dft)) (Hanson, James) Modified on 8/2/2022 (aco). |
| Filing 10 CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff David Townsend, upon Defendant J.B. Hunt Transport Inc. acknowledgment sent by Plaintiff on 9/14/2020, answer due 10/5/2020. Filed in State Court on 10/5/2020 Submitted with Attachment 1 pg 47 to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, J.B. Hunt Transport Services Inc. Jury Demanded, filed by Plaintiff David Townsend. Filed in State Court on 7/27/2020 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT as to Defendant J.B. Hunt Transport Inc. amending Complaint - (Discovery),, filed by Plaintiff David Townsend. Upon the filing of the complaint, the plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of Doe 1 and having discovered the true name of the defendant to be: J.B. Hunt Transport Inc. Filed in State Court on 9/9/2020 Submitted with Attachment 1 pg 44 to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. Filed in State Court on 3/18/2021 Submitted with Attachment 1 pg 90 to Notice of Removal #1 (car) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. Related Case(s): 8:20-cv-01701-PSG-JDE (McNatt, Christopher) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc (McNatt, Christopher) |
| Filing 2 CIVIL COVER SHEET filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (McNatt, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV28722; 38174 Receipt No: ACACDC-33702188 - Fee: $402, filed by Defendants J.B. Hunt Transport Inc., J.B. Hunt Transport Services Inc. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - State Court Filings (PAGA), #3 Exhibit C - Notice of Removal (State Court)) (Attorney Christopher Chad McNatt, Jr added to party J.B. Hunt Transport Inc.(pty:dft), Attorney Christopher Chad McNatt, Jr added to party J.B. Hunt Transport Services Inc(pty:dft))(McNatt, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
