Francisco Correa v. A2 Railla Development, Inc. et al
| Francisco Correa |
| A2 Railla Development, Inc., SHANGRI-LA CONSTRUCTION, L.P., a Delaware limited partnership, Build Group Construction Company, Inc., Build Group, Inc., Shangri-La Construction, L.P. and Does 1 through 100, inclusive |
| 2:2022cv07128 |
| September 30, 2022 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Otis D Wright |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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| Filing 34 The hearing on the MOTION to Remand #16 , scheduled for November 28, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 33 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Otis D. Wright, II, A Scheduling Conference set for 1/9/2023 at 01:30 PM. before Judge Otis D. Wright II. [SEE ORDER FOR DETAILS AND DEADLINES.] (es) |
| Filing 32 JOINDER filed by Defendants Build Group Construction Company, Inc., Build Group, Inc. joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Lange, Joshua) |
| Filing 31 ANSWER to Complaint - (Discovery), filed by Defendants Build Group Construction Company, Inc., Build Group, Inc..(Attorney Joshua Nathaniel Lange added to party Build Group Construction Company, Inc.(pty:dft), Attorney Joshua Nathaniel Lange added to party Build Group, Inc.(pty:dft))(Lange, Joshua) |
| Filing 30 Notice of Consent to Removal filed by Defendant Shangri-La Construction, L.P.. (Strauss, Anthony) |
| Filing 29 STIPULATION Extending Time to Answer the complaint as to Shangri-La Construction, L.P. answer now due 12/5/2022, re Notice and Acknowledgment of Service (CV-21) Executed, #21 filed by Defendant Shangri-La Construction, L.P..(Attorney Anthony R Strauss added to party Shangri-La Construction, L.P.(pty:dft))(Strauss, Anthony) |
| Filing 28 PROOF OF SERVICE filed by Defendant A2 Railla Development, Inc., re Request for Judicial Notice #20 , Civil Cover Sheet (CV-71) #4 , Request for Judicial Notice #13 , Minutes of In Chambers Order/Directive - no proceeding held,,, #10 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, #15 , 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 , Notice of Removal (Attorney Civil Case Opening), #1 , NOTICE OF MOTION AND MOTION to Compel Arbitration #12 , Minutes of In Chambers Order/Directive - no proceeding held,,, #26 , Objection/Opposition (Motion related) #19 , to Remand Case to #16 served on November 11, 2022. (Strauss, Anthony) |
| Filing 27 REPLY In Support to Remand Case to #16 PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR ORDER REMANDING ACTION TO STATE COURT filed by Plaintiff Francisco Correa. ( Aviles, Diego) |
Filing 26
MINUTES (IN CHAMBERS) ORDER (to Plaintiff) to File Amended Proofs of Service; ORDER (to A2 Railla) to Serve Federal Case Documents on Newly Served Defendants by Judge Otis D. Wright, II. Thus, A2 Railla is ORDERED to immediately and without further delay serve Defendants Shangri-La Construction, L.P. and the Build Defendants with copies of this Minute Order and the following ECF Numbers in this federal case: 1, 4, 810, 1213, 15, 16, 19, 20. Rush mail courier with signature confirmation is acceptable, as are other methods of physical or digital transmission that allow for clear proof of delivery.1 A2 Railla shall file Proofs of Service of the materials as described in this paragraph by no later than November 16, 2022. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Proof of Service (subsequent documents) #22 , Proof of Service (subsequent documents) #23 , Proof of Service (subsequent documents) #24 by plaintiff. The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Incorrect event selected. Correct event to be used is: Service of summons and complaint returned executed 21 days. Filer is advised to UPDATE form to reflect the correct location of this court to correspond to that of the assigned Judge. The form has address of the Los Angeles County Superior Court and state court case number. Due to incorrect event Missing required information as to service of process on which defendant, date, statute etc which the cited correct event will issue prompts Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 24 PROOF OF SERVICE filed by Plaintiff Francisco Correa, Summons and Complaint served on 10/20/2022. ( Aviles, Diego) |
| Filing 23 PROOF OF SERVICE filed by Plaintiff Francisco Correa, Summons and Complaint served on 10/19/2022. ( Aviles, Diego) |
| Filing 22 PROOF OF SERVICE filed by Plaintiff Francisco Correa, Summons and Complaint served on 10/19/2022. ( Aviles, Diego) |
| Filing 21 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Francisco Correa, upon Defendant Shangri-La Construction, L.P. acknowledgment sent by Plaintiff on 11/1/2022, answer due 11/22/2022. Acknowledgment of Service signed by Katrina Trinh, Attorney. ( Aviles, Diego) |
| Filing 20 REQUEST FOR JUDICIAL NOTICE re to Remand Case to #16 filed by Defendant A2 Railla Development, Inc.. (Strauss, Anthony) |
| Filing 19 OPPOSITION in opposition to re: to Remand Case to #16 filed by Defendant A2 Railla Development, Inc.. (Strauss, Anthony) |
| Filing 18 Plaintiff's Motion for Order Remanding Action to State Court #16 is set for hearing on 11/28/2022 at 01:30 PM before Judge Otis D. Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk) TEXT ONLY ENTRY |
| Filing 17 NOTICE of Interested Parties filed by Plaintiff Francisco Correa, identifying A2 Railla Development, Inc.; Shangri-La Construction, L.P.; Build Group Construction Company, Inc.; Build Group, Inc.. ( Aviles, Diego) |
| Filing 16 MEMORANDUM in Support Motion for Order Remanding Action to State Court filed by Plaintiff Francisco Correa. (Attachments: #1 Declaration, #2 Proposed Order)(Attorney Diego F Aviles added to party Francisco Correa(pty:pla))( Aviles, Diego) Modified on 11/1/2022 (lc). |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:.Order CONTINUING Hearing on Motion to Compel Arbitration; NOTICE re: Deadline for Service of Process (FRCP 4(m))). On October 7, 2022, Defendant A2 Railla Development, Inc.filed a Motion to Compel Arbitration #12 . Given that there is no evidence that anyDefendant, including A2 Railla itself, has been served with the Summons and Complaint, the Motion appears highly premature. Accordingly, to promote efficient docket management, to encourage settlement, and to ensure accurate resolution of the matters before the Court, the Court CONTINUES the hearing on the Motion to Compel Arbitration to January 23, 2023 at 1:30 p.m. Moreover, the Court places Plaintiff on NOTICE that the Court is applying the Federal Rule of Civil Procedure 4(m) ninety-day period to service of process of all Defendants in this matter, based on the original state court filing date of August 9, 2022. Accordingly, Plaintiff shall file Proofs of Service as to all Defendants by no later than November 7, 2022, or shall file a brief showing cause why more time is required. Failure to do so will result in dismissal of Defendants not served. (lc)
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| Filing 14 PROOF OF SERVICE filed by Defendant A2 Railla Development, Inc., re Request for Judicial Notice #13 , NOTICE OF MOTION AND MOTION to Compel Arbitration #12 served on October 7, 2022. (Strauss, Anthony) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #12 filed by Defendant A2 Railla Development, Inc.. (Attachments: #1 Exhibit C - MLA, #2 Exhibit D - Extension)(Strauss, Anthony) |
| Filing 12 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant A2 Railla Development, Inc.. Motion set for hearing on 11/21/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Andrew Railla in Support of Motion, #2 Proposed Order Granting Motion) (Strauss, Anthony) |
| Filing 11 PROOF OF SERVICE filed by Defendant A2 Railla Development, Inc., re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Civil Cover Sheet (CV-71) #4 , Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Notice of Clerical Error (G-11), #6 , Minutes of In Chambers Order/Directive - no proceeding held,,, #10 , Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #5 served on 10/4/2022. (Strauss, Anthony) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR MSJs. The Courts 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 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Patricia Donahue. (sh) |
| Filing 6 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #5 issued in error. the Case has been reassigned from Magistrate Judge Steve Kim to Judge Otis D. Wright, II and Magistrate Judge Patricia Donahue for all further proceedings. The case will now reflect the initials of the transferee Judge 2:22-cv-07128 ODW (PDx). (sh) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV-11C) (sh) |
| CONFORMED E-FILED COPY OF CLASS ACTION COMPLAINT against Defendants A2 Railla Development, Inc., Build Group Construction Company, Inc., Build Group, Inc., Shangri-La Construction, L.P.Jury Demanded., filed by Plaintiff Francisco Correa.[FILED IN STATE COURT 08/09/2022 SUBMITTED AS ATTACHMENT NO. 1 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 4 CIVIL COVER SHEET filed by Defendant A2 Railla Development, Inc.. (Strauss, Anthony) |
| Filing 3 PROOF OF SERVICE filed by Defendant A2 Railla Development, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #2 served on 09/30/2022. (Strauss, Anthony) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant A2 Railla Development, Inc., (Strauss, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV25714 Receipt No: ACACDC-34081346 - Fee: $402, filed by Defendant A2 Railla Development, Inc.. (Attachments: #1 Exhibit A, #2 Declaration of Andrew Railla in Support of Removal, #3 Declaration of James Devine in Support of Removal) (Attorney Anthony R Strauss added to party A2 Railla Development, Inc.(pty:dft))(Strauss, Anthony) |
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