Phillip Leon-Calderon v. Old Dominion Freight Line, Inc. et al
| Phillip Leon-Calderon |
| Old Dominion Freight Line, Inc. and Does 1 through 50, inclusive |
| 2:2022cv08930 |
| December 9, 2022 |
| US District Court for the Central District of California |
| Mark C Scarsi |
| Karen L Stevenson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 First NOTICE of Appearance filed by attorney Edwin Pairavi on behalf of Plaintiff Phillip Leon-Calderon (Pairavi, Edwin) |
| Filing 26 REPLY Surreply in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 filed by Defendant Old Dominion Freight Line, Inc.. (Archibald, Christopher) |
| Filing 25 NOTICE of Appearance filed by attorney Amelia Alvarez on behalf of Defendant Old Dominion Freight Line, Inc. (Attorney Amelia Alvarez added to party Old Dominion Freight Line, Inc.(pty:dft))(Alvarez, Amelia) |
Filing 24
MINUTE ORDER (IN CHAMBERS) ORDER INVITING SURREPLY AND TAKING MOTION HEARINGS OFF CALENDAR by Judge Mark C. Scarsi. The Court authorizes Defendant to file a surreply to address the new evidence and arguments in Plaintiff's reply brief. Any surreply must be filed by February 1 and may not exceed 3,000 words. The Court takes the February 6 hearings off calendar and may reset them after reviewing the surreply if the Court deems a hearing on either motion necessary. Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. See document for details. Attachments> (smo)
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Filing 23
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS (ECF Nos. #17 and #18 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Renewed Motion to Dismiss Plaintiff's Second, Third, and Fifth Claims and Plaintiff's Claim for Punitive Damages (ECF No. #17 ) and the Motion to Remand Case to Los Angeles Superior Court (ECF No. #18 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on February 6, 2023, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 22 REPLY NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 filed by Plaintiff Phillip Leon-Calderon. (Attachments: #1 Declaration Plaintiff's Declaration)(Mohrsaz, Joshua) |
| Filing 21 REPLY in support of motion Renewed NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second, Third, and Fifth Claims and Plaintiff's Claim for Punitive Damages against Defendant Old Dominion Freight Line, Inc. #17 filed by Defendant Old Dominion Freight Line, Inc.. (Archibald, Christopher) |
| Filing 20 MEMORANDUM in Opposition to Renewed NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second, Third, and Fifth Claims and Plaintiff's Claim for Punitive Damages against Defendant Old Dominion Freight Line, Inc. #17 filed by Plaintiff Phillip Leon-Calderon. (Mohrsaz, Joshua) |
| Filing 19 OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #18 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Declaration of Laura Williams, #2 Declaration Declaration of Christopher J. Archibald, #3 Exhibit A - Deposition, #4 Exhibit B - Villalta, #5 Exhibit C - Baghumian, #6 Exhibit D - Davis, #7 Exhibit E - Doumit, #8 Exhibit F - Garcia, #9 Exhibit G - Nolan, #10 Exhibit H - Reagan, #11 Exhibit I - Navarro, #12 Exhibit J - Amigon, #13 Exhibit K - Guerrero, #14 Exhibit L - Ward, #15 Exhibit M- Benart)(Archibald, Christopher) |
| Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiff Phillip Leon-Calderon. Motion set for hearing on 2/6/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration, #2 Proposed Order) (Mohrsaz, Joshua) |
| Filing 17 Renewed NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second, Third, and Fifth Claims and Plaintiff's Claim for Punitive Damages against Defendant Old Dominion Freight Line, Inc. filed by defendant Old Dominion Freight Line, Inc.. Motion set for hearing on 2/6/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration, #2 Exhibit A, #3 Proposed Order) (Lo, Karina) |
| Filing 16 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: MOTION TO DISMISS #14 . Defendant Old Dominion Freight Line, Inc. moves to dismiss the Complaint of Plaintiff Phillip Leon-Calderon. The Court deems the motion appropriate for decision without oral argument. The Court takes off calendar the hearing on the motion set for January 30, 2023. The Court denies the motion for failure to comply with the prefiling conference requirement.The motion is denied without prejudice. Defendant shall file its response to the Complaint within 14 days. If Defendant seeks to renew its Rule 12 motion, it must provide a declaration establishing strict compliance with Local Rule 7-3. The Court warns that any further failure by any party to initiate or participate in a Local Rule 7-3 conference will be deemed willful disobedience of this Order and will result in sanctions. (lc) |
| Filing 15 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs Second, Third, and Fifth Claims and Plaintiffs Claim for Punitive Damages against Defendant #14 (Attachments: #1 Proposed Order)(Lo, Karina) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs Second, Third, and Fifth Claims and Plaintiffs Claim for Punitive Damages against Defendant Old Dominion Freight Line, Inc.. Motion set for hearing on 1/30/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Karina Lo, #2 Exhibit A - Meet and Confer Email) (Lo, Karina) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Allison C Eckstrom counsel for Defendant Old Dominion Freight Line, Inc.. Adding Allison C. Eckstrom as counsel of record for Old Dominion Freight Line, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Old Dominion Freight Line, Inc.. (Eckstrom, Allison) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher J Archibald counsel for Defendant Old Dominion Freight Line, Inc.. Adding Christopher J. Archibald as counsel of record for Old Dominion Freight Line, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Old Dominion Freight Line, Inc.. (Archibald, Christopher) |
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Filing 11
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Karen L. Stevenson. (lh) |
| Filing 7 PROOF OF SERVICE filed by Defendant Old Dominion Freight Line, Inc., re Declaration #4 , Corporate Disclosure Statement #5 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #6 , Declaration,,, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 served on 12/9/2022. (Lo, Karina) |
| Filing 6 Defendant's NOTICE of Interested Parties (Lo, Karina) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant Old Dominion Freight Line, Inc. (Lo, Karina) |
| Filing 4 DECLARATION of Laura Williams re Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Exhibit 1 - Corporation)(Lo, Karina) |
| Filing 3 DECLARATION of Christopher J. Archibald re Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Exhibit 1 - Verdict and Settlement Summary for Davis v. County of Los Angeles, 1995 WL 554688, #2 Exhibit 2 - Verdict and Settlement Summary for Doumit v. Board of Pharmacy, 2000 WL 33270446, #3 Exhibit 3 - Verdict and Settlement Summary for Garcia v. California Department of Education, 2000 WL 33310820, #4 Exhibit 4 - Verdict and Settlement Summary for Nolan v. City of Anaheim, 1997 WL 368505, #5 Exhibit 5 - Verdict and Settlement Summary for Reagan v. Sierra Nevada Memorial Hospital, 2004 WL 3250331, #6 Exhibit 6 - Verdict and Settlement Summary for Baghumian v. County of Los Angeles, 2018 WL 3609142, #7 Exhibit 7 - Verdict and Settlement Summary for Villalta v. Leonardos Restaurant, Inc. et al., 2016 WL 2941139)(Lo, Karina) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Old Dominion Freight Line, Inc.. (Lo, Karina) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV35382 Receipt No: ACACDC-34451486 - Fee: $402. (Attachments: #1 Exhibit Ex. 1 - Summons, #2 Exhibit Ex. 2 - Complaint, #3 Exhibit Ex. 3 - Civil Case Cover Sheet, #4 Exhibit Ex. 4 - First Amended Order, #5 Exhibit Ex. 5 - Notice of Case Assignment, #6 Exhibit Ex. 6 - Voluntary Efficient Litigation Stipulations, #7 Exhibit Ex. 7 - Stipulation Early Organizational Meeting, #8 Exhibit Ex. 8 - Stipulation Discovery Resolution, #9 Exhibit Ex. 9 - Informal Discovery Conference, #10 Exhibit Ex. 10 - Stipulation and Order Motions in Limine, #11 Exhibit Ex. 11 - Order Pursuant to CCP 1054(a)) (Attorney Karina Lo added to party Old Dominion Freight Line, Inc.(pty:dft))(Lo, Karina) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Old Dominion Freight Line, Inc. Jury Demanded, filed by Plaintiff Phillip Leon-Calderon. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT, SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
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