Caya Rodriguez v. Raising Cane's USA, L.L.C. et al
| Caya Rodriguez |
| Raising Cane's USA, L.L.C., Raising Cane's Restaurants, L.L.C., Does 1 through 100, inclusive and Does 1 through 10, inclusive |
| 2:2022cv08296 |
| November 14, 2022 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| John F Walter |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 49 STATEMENT OF DECISION GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION AND DISMISS CLASS CLAIMS by Judge John F. Walter. The Court GRANTS Defendants' Motion to Compel Arbitration and Dismiss Class Claims in its entirety. The Court hereby DISMISSES without prejudice Plaintiff's class claims as to the putative class members. Plaintiff's remaining claims are ordered to arbitration in accordance with the Arbitration Agreement. This action is STAYED pending the outcome of arbitration, and the Clerk is ordered to administratively close this case. (Made JS-6. Case Terminated.) (iv) |
Filing 48
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS RAISING CANE'S USA, L.L.C. AND RAISING CANE'S RESTAURANTS, L.L.C.'S MOTION TO COMPEL ARBITRATION AND DISMISS CLASS CLAIMS [filed 4/17/2023; Docket No. #39 ] by Judge John F. Walter. Defendants' Motion to Compel Arbitration and Dismiss Class Claims is GRANTED. The Court signs, as modified, Defendants' Proposed Statement of Decision lodged with the Court on May 10, 2023. The Court DISMISSES without prejudice Plaintiff's class claims as to the putative class members. Plaintiff's remaining claims are ordered to arbitration in accordance with the Arbitration Agreement. This action is STAYED pending the outcome of arbitration, and the Clerk shall administratively close this case. (iv)
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Filing 47
MINUTE (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS RAISING CANE'S USA, L.L.C. AND RAISING CANE'S RESTAURANTS, L.L.C.'S MOTION TO COMPEL ARBITRATION AND DISMISS CLASS CLAIMS [filed 4/17/2023; Docket No. #39 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for May 22, 2023 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 46 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Compel Arbitration #39 , Reply (Motion related), #45 (Attachments: #1 Proposed Statement of Decision)(Gonell, Carrie) |
| Filing 45 REPLY NOTICE OF MOTION AND MOTION to Compel Arbitration #39 filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Attachments: #1 Declaration - Supplemental Declaration of Carrie Gonell)(Gonell, Carrie) |
| Filing 44 JOINT REPORT of RESULTS OF SETTLEMENT CONFERENCE/MEDIATION filed by Plaintiff Caya Rodriguez. (Cohen, Sarah) |
| Filing 43 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Compel Arbitration #39 filed by Plaintiff Caya Rodriguez. (Attachments: #1 Declaration of Sarah H. Cohen, #2 Declaration of Plaintiff, Caya Rodriguez)(Cohen, Sarah) |
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Filing 42
ORDER GRANTING STIPULATION TO DISMISS NINTH CAUSE OF ACTION WITHOUT PREJUDICE #41 by Judge John F. Walter. Plaintiff's Ninth Cause of Action under California Business &Professions Code 17200 is dismissed without prejudice. (iv)
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| Filing 41 STIPULATION TO DISMISS NINTH CAUSE OF ACTION WITHOUT PREJUDICE filed by Plaintiff Caya Rodriguez (Attachments: #1 Proposed Order)(Carraher, Matthew) |
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Filing 40
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S MOTION FOR ORDER REMANDING ACTION TO STATE COURT [filed 1/12/2023; Docket No. #23 ] by Judge John F. Walter. For the foregoing reasons, and for the reasons stated in Defendants' Opposition, Plaintiff's Motion to Remand Case to State Court is DENIED. Assuming the parties agree that the Court lacks equitable jurisdiction over Plaintiffs claim for equitable relief under California Business &Professions Code 17200 and that the Court should dismiss that claim without prejudice, they shall file a stipulation and proposed order to that effect on or before April 24, 2023. (iv)
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| Filing 39 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. Motion set for hearing on 5/22/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Carrie Gonell, #3 Declaration of Ashley Wynn, #4 Proposed Order) (Gonell, Carrie) |
| Filing 38 STATEMENT of Local Rule 7-3 Conference filed by Defendant Raising Cane's USA, L.L.C. JOINT STATEMENT (Gonell, Carrie) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jared Carraher counsel for Plaintiff Caya Rodriguez. Adding Matthew J. Carraher as counsel of record for Plaintiff, Caya Rodriguez for the reason indicated in the G-123 Notice. Filed by Plaintiff Caya Rodriguez. (Attorney Matthew Jared Carraher added to party Caya Rodriguez(pty:pla))(Carraher, Matthew) |
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Filing 36
ORDER GRANTING STIPULATION TO CONTINUE TRIAL AND ALL RELATED DATES #35 by Judge John F. Walter. Plaintiff's motion to remand #23 is reset for hearing in Courtroom 7A of this Court on April 24, 2023 at 1:30 p.m. Defendants shall file a motion to compel arbitration by April 17, 2023 and the motion to compel arbitration will be set for hearing in Courtroom 7A of this Court on May 22, 2023 at 1:30 p.m. (iv)
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| Filing 35 STIPULATION to Continue Trial and Related Dates from December 5, 2023 to December 5, 2024 filed by Plaintiff Caya Rodriguez. (Attachments: #1 Proposed Order)(Cohen, Sarah) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Hannah Cohen counsel for Plaintiff Caya Rodriguez. Alexander D. Wallin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Caya Rodriguez. (Cohen, Sarah) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Hannah Cohen counsel for Plaintiff Caya Rodriguez. Adding Sarah H. Cohen as counsel of record for Plaintiff, Caya Rodriguez for the reason indicated in the G-123 Notice. Filed by Plaintiff Caya Rodriguez. (Attorney Sarah Hannah Cohen added to party Caya Rodriguez(pty:pla))(Cohen, Sarah) |
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Filing 32
ORDER GRANTING STIPULATION TO CONTINUE PLAINTIFF'S CLASS CERTIFICATION MOTION FILING DEADLINE AND STAY DISCOVERY PENDING MEDIATION #28 by Judge John F. Walter,. Plaintiff shall file a motion for class certification no later than July 25, 2023. All formal discovery is stayedin this action until after the Parties' mediation on March 27, 2023. (iv)
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Filing 31
MINUTE (IN CHAMBERS) ORDER APPROVING STIPULATION TO CONTINUE PLAINTIFFS CLASS CERTIFICATION MOTION FILING DEADLINE AND STAY DISCOVERY PENDING MEDIATION [filed 2/7/2023; Docket No. #28 ]; ORDER VACATING HEARING DATE ON PLAINTIFF'S MOTION FOR ORDER REMANDING ACTION TO STATE COURT [filed 1/12/2023; Docket No. #23 ] by Judge John F. Walter. The hearing calendared for February 13, 2023 is hereby vacated and the matter taken off calendar. After the parties advise the Court of the results of the mediation, the Court will set a new hearing date. The Court will not entertain any motions until after completion of the scheduled mediation. (iv)
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| Filing 30 Text Entry Order Vacating the Courts Order Striking the Stipulation to Continue (29) and restoring the request #28 to the docket. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) |
| Filing 29 Text Entry Order STRIKING the Stipulation to Continue #28 . The request violates paragraph of the Court's Standing Order #10 and paragraph 3a of the Court's Scheduling and Case Management Order #16 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 28 STIPULATION to Continue PLAINTIFFS CLASS CERTIFICATION MOTION FILING DEADLINE AND STAY DISCOVERY PENDING MEDIATION from March 14, 2023 to July 25, 2023, filed by Plaintiff Caya Rodriguez. (Attachments: #1 Proposed Order Stipulation To Continue Plaintiffs Class Certification Motion Filing Deadline And Stay Discovery Pending Mediation)(Wallin, Alexander) Modified on 2/8/2023 (sr). Modified on 2/8/2023 (sr). |
| Filing 27 STATEMENT OF DECISION DENYING PLAINTIFF'S MOTION TO REMAND filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C. re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 . (Gonell, Carrie) |
| Filing 26 STATEMENT of DECISION GRANTING PLAINTIFFS MOTION TO REMAND TO STATE COURT NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 [PROPOSED] STATEMENT OF DECISION filed by Plaintiff Caya Rodriguez. (Wallin, Alexander) |
| Filing 25 REPLY NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 filed by Plaintiff Caya Rodriguez. (Wallin, Alexander) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Attachments: #1 Declaration of Courtnay Wallen, #2 Request for Judicial Notice)(Gonell, Carrie) |
| Filing 23 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Caya Rodriguez. Motion set for hearing on 2/13/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration ADW Decl ISO Remand, #2 Exhibit Exhibit A, #3 Proposed Order PROPOSED ORDER) (Wallin, Alexander) |
| Filing 22 DECLARATION of CARRIE A. GONELL re Stipulation and Order,,, #20 filed by Defendant Raising Cane's USA, L.L.C.. (Gonell, Carrie) |
| Filing 21 DECLARATION of ALEXANDER D. WALLIN in support of meet and confer efforts regarding Plaintiffs Motion for order remanding action to state court NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles #17 filed by Plaintiff Caya Rodriguez. (Wallin, Alexander) |
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Filing 20
ORDER GRANTING STIPULATION FOR CONTINUANCE OF MEET AND CONFER DEADLINES #19 by Judge John F. Walter. IT IS HEREBY ORDERED that 1. The Parties shall have until January 4, 2023 for their respective lead counsel to meet and confer in person concerning the substance of Plaintiff's Motion to Remand ("Motion"). 2. If the parties cannot resolve the issues raised in the Motion, then, on or before January 10, 2023, 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. 3. If a Motion remains necessary, it shall not be filed until 2 days after each party files their respective declarations as required by the Court's December 15, Order striking Plaintiff's Motion. (lom)
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| Filing 19 STIPULATION to Continue MEET AND CONFER DEADLINES from December 21, 2022 to January 10, 2023 Re: Text Only Scheduling Notice,,, 18 filed by Plaintiff Caya Rodriguez. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION FOR CONTINUANCE OF MEET AND CONFER DEADLINES)(Wallin, Alexander) |
| Filing 18 Text Entry Order: Plaintiffs Motion for Order Remanding Action to State Court filed on December 14, 2022 (Docket No. #17 is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order which requires a Joint Statement to be filed within 3 days of the Local Rule 7-3 conference. If Plaintiff wishes to re-file the Motion, lead counsel shall meet and confer in person by December 21, 2022. If the parties cannot resolve the issues raised in the Motion, 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 on or before December 27, 2022. 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 |
| Filing 17 *STRICKEN* NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles filed by Plaintiff Caya Rodriguez. Motion set for hearing on 1/23/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration Decl of ADW ISO of Remand, #2 Exhibit Exhibit A, #3 Proposed Order PROPOSED ORDER) (Wallin, Alexander) Modified on 12/15/2022 (sr). |
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Filing 16
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 11/3/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 11/17/2023 at 8:00 AM. Jury Trial set for 12/5/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 15
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on December 19, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: May 1, 2023 The Joint Report re: Results of Settlement Conference due on: May 5, 2023 (rolm)
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| Filing 14 Notice of Compliance with 28 U.S.C. 1446(d) filed by Defendant Raising Cane's USA, L.L.C.. (Gonell, Carrie) |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C... (Gonell, Carrie) |
| Filing 12 CERTIFICATE of Interested Parties filed by PLAINTIFF Caya Rodriguez, (Wallin, Alexander) |
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Filing 11
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for December 19, 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 December 5, 2022. (iv)
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Filing 10
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. (iv)
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| 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 John F. Walter and Magistrate Judge Jean P. Rosenbluth. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1-100, inclusive, Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C. Jury Demanded, filed by Plaintiff Caya Rodriguez. Filed in State Court on 8/26/2022 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C. Filed in State Court on 11/4/2022 Submitted with Attachment 3 Exhibit C to Notice of Removal #1 .(car) |
| Filing 6 Request for Judicial Notice filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C. re: Notice of Removal (Attorney Civil Case Opening),, #1 (Gonell, Carrie) |
| Filing 5 NOTICE of Related Case(s) filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Gonell, Carrie) |
| Filing 4 Notice of Pendency of Other Actions or Proceedings filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Gonell, Carrie) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C., (Gonell, Carrie) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Gonell, Carrie) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV27956 Receipt No: ACACDC-34318399 - Fee: $402, filed by Defendants Raising Cane's Restaurants, L.L.C., Raising Cane's USA, L.L.C.. (Attachments: #1 Exhibit A - Summons and Compliant on Raising Cane's USA, L.L.C., #2 Exhibit B - Summons and Compliant on Raising Cane's Restaurants, L.L.C., #3 Exhibit C - Answer, #4 Exhibit D - Additional Superior Court Docs) (Attorney Carrie A Gonell added to party Raising Cane's Restaurants, L.L.C.(pty:dft), Attorney Carrie A Gonell added to party Raising Cane's USA, L.L.C.(pty:dft))(Gonell, Carrie) |
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