Fernando Prado v. McLane Suneast, Inc. et al
| Fernando Prado |
| McLane Suneast, Inc. and Does 1 to 100, inclusive |
| 2:2023cv01220 |
| February 17, 2023 |
| US District Court for the Central District of California |
| Margo A Rocconi |
| Josephine L Staton |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 STIPULATION Extending Time to Answer the complaint as to McLane Suneast, Inc. answer now due 11/29/2023, re Amended Complaint/Petition #29 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
| Filing 29 THIRD AMENDED COMPLAINT Fernando Prado amending Amended Complaint/Petition #12 , filed by Plaintiff Fernando Prado (Attachments: #1 Exhibit 1)(Shegerian, Carney) |
Filing 28
ORDER/REFERRAL to ADR Procedure No 3 by Judge Josephine L. Staton. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than April 25, 2025. (gga)
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| Filing 27 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (gga) |
| Filing 26 MINUTES (IN CHAMBERS) GRANTING in Part and DENYING in Part Defendant's Motion to Dismiss and Strike Portions of the Second Amended Complaint (Doc. #15 ) by Judge Josephine L. Staton: MSE's Motion is GRANTED as to the Second Cause of Action for failure to provide accurate wage statements and the Fourth Cause of Action for failure to maintain required records. The claims are DISMISSED WITH LEAVE TO AMEND. The Motion is DENIED as to all remaining claims, though Prado is granted LEAVE TO AMEND his First Cause of Action for unpaid minimum wages to correct contradicting factual assertions. Plaintiff may amend the pleading, correcting the deficiencies identified herein in a manner consistent with this Order and with all Rule 11 obligations. Any amended complaint shall be filed within fourteen (14) days of the date of this Order. (jp) |
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Filing 25
MINUTES (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: The Court has reviewed the parties' Joint Rule 26(f) Report. (Doc. 29 ) On the Court's own motion, the Scheduling Conference set for hearing 10/20/2023 is VACATED and the following schedule is set. Last Day to File a Motion to Add Parties or Amend Pleadings: 12/15/2023. Fact Discovery Cutoff: 2/21/2025. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 3/7/2025. Last Day to Serve Initial Expert Reports: 3/7/2025. Last Day to Serve Rebuttal Expert Reports: 4/4/2025. Expert Discovery Cutoff: 5/2/2025. Last Day to Conduct Settlement Proceedings: 4/25/2025. Last Day to File Daubert Motions: 5/9/2025. Last Day to File Motions in Limine: 6/27/2025. Final Pretrial Conference set for 7/25/2025 at 10:30 AM. (See document for further information). (jp)
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Filing 24
MINUTES (IN CHAMBERS) ORDER: 1) TAKING Motion to Dismiss Under Submiss (Doc. #15 ); (2) VACATING The Hearing and the Scheduling Conference; and (3) DENYING AS MOOT The Application to Appear Remotely at the Hearing (Doc. #22 ) by Judge Josephine L. Staton: The hearing set for 10/20/2023, at 10:30 AM., is VACATED, and the Court takes the matter UNDER SUBMISSION. The Court also VACATES the Scheduling Conference set for 10/20/2023; a Scheduling Order will be issued based upon the parties' Joint Rule 26(f) report. Because the hearing and the Scheduling Conference have both been vacated, the Application for Leave to Appear Remotely (Doc. 22), filed by Matthew Kane as counsel for Defendant, is DENIED AS MOOT. (jp)
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| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 DAYS, filed by Plaintiff Fernando Prado.. (Shegerian, Carney) |
| Filing 22 APPLICATION for Leave of Matthew C. Kane to Appear for to appear remotely via Zoom video conference at (1) Hearing on Defendants Motion to Dismiss Second Amended Complaint and (2) Scheduling Conference, both of which are presently scheduled for October 20, 2023, at 10:30 a.m. filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order Granting Defendant McLane/Suneast, Inc.s Application for Permission to Appear Remotely at (1) Hearing on Defendants Motion to Dismiss Second Amended Complaint and (2) Scheduling Conference) (Kane, Matthew) |
| Filing 21 TEXT ONLY ENTRY by Judge Josephine L. Staton. Counsel and/or the parties are advised that the Court has updated its procedures in civil cases, including procedures encouraging consent to the magistrate judge in ordinary civil cases; setting forth presumptive schedules for class certification motion briefing; simplifying the requirements for substituting named defendants for Doe defendants; clarifying requirements for submission of mandatory chambers copies of voluminous exhibits; substituting compliance with the Local Rule regarding limitations on the number of words in the parties briefing for the Courts previous page limitations on briefing; imposing further limitations on the number of words in reply briefs; updating the Courts procedures in the case of settlement, including procedures for orders imposing stays of proceedings, orders of dismissal, and retention of jurisdiction by the Court; imposing limitations on both the number of and the content of motions in limine; and clarifying trial exhibit preparation, including the requirement to prepare a separate binder of exhibits for each witness. These updates are found on the Courts procedures page, and/or the Courts Initial Standing Order and Civil Trial Order, attached thereto. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 20 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss and Strike Portions of Plaintiffs Second Amended Class and PAGA Representative Enforcement Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #15 filed by Defendant McLane Suneast, Inc.. (Beverlin, Amy) |
| Filing 19 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss and Strike Portions of Plaintiffs Second Amended Class and PAGA Representative Enforcement Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #15 filed by Plaintiff Fernando Prado. (Attachments: #1 Declaration, #2 Proposed Order)(Shegerian, Carney) |
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Filing 18
ORDER GRANTING Joint Stipulation to Continue Hearing Date and Briefing Schedule on Defendant's Motion to Dismiss and Second Amended Complaint and Scheduling Conference (Doc. #17 ) by Judge Josephine L. Staton as follows, using the same defined terms as defined and used in the Stipulation: (1) The hearing on Defendant's Motion to Dismiss shall be continued to 10/20/2023 at 10:30 AM. (2) Plaintiff shall file his Opposition by 8/4/2023; (3) Defendant shall file its Reply by 9/1/2023; and (4) The Scheduling Conference shall be continued to 10/20/2023 at 10:30 AM. (jp)
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| Filing 17 Joint STIPULATION to Continue HEARING DATE MOTION TO DISMISS SECOND AMENDED COMPLAINT from 8/18/2023 to 10/20/2023 filed by plaintiff Fernando Prado. (Attachments: #1 Proposed Order)(Shegerian, Carney) |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 8/18/2023 at 10:30 AM before Judge Josephine L. Staton. (vv)
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| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss and Strike Portions of Plaintiffs Second Amended Class and PAGA Representative Enforcement Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant McLane Suneast, Inc.. Motion set for hearing on 8/18/2023 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order Granting Defendants Motion to Dismiss and Strike Portions of Plaintiffs Second Amended Class and PAGA Representative Enforcement Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f)) (Kim, Sylvia) |
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Filing 14
ORDER GRANTING Stipulation to Continue Defendant's Deadline to Respond to Second Amended Complaint (Doc. #13 ) by Judge Josephine L. Staton that Defendants time within which to serve and file any motions, pleadings, or other filings responsive to Plaintiff's SAC shall be and hereby is extended up to and including 6/2/2023. See document for further information. (jp)
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| Filing 13 Stipulation to Continue Defendants Deadline to Respond to Second Amended Complaint filed by Defendant McLane Suneast, Inc. (Attachments: #1 Proposed Order Granting Stipulation to Continue Defendants Deadline to Respond to Second Amended Complaint)(Beverlin, Amy) |
| Filing 12 Second AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint, filed by Plaintiff Fernando Prado (Attachments: #1 Exhibit PAGA Letter)(Shegerian, Carney) |
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Filing 11
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANT'S DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT TO AFFORD PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT (Doc. #7 ) by Judge Josephine L. Staton the Stipulation is GRANTED as follows, using the same defined terms as defined and used in the Stipulation: Defendant's time within which to serve and file any motions, pleadings, or other filings responsive to Plaintiff's First Amended Complaint shall be and hereby is extended up to and including 4/21/2023. Plaintiff shall have leave to file his Second Amended Complaint on or before 4/21/2023. (See Order for further information). (jp)
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| Filing 10 Stipulation to Continue Defendants Deadline to Respond to First Amended Complaint to Afford Plaintiff Leave to File Second Amended Complaint filed by Defendant McLane Suneast, Inc. (Attachments: #1 Proposed Order Granting Stipulation to Continue Defendants Deadline to Respond to First Amended Complaint to Afford Plaintiff Leave to File Second Amended Complaint)(Beverlin, Amy) |
| Filing 9 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (vv) |
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Filing 8
ORDER GRANTING Stipulation to Continue Defendant's Responsive Pleading Deadline Pending Potential Motion to Remand (Doc. #7 ) by Judge Josephine L. Staton, the Stipulation shall be and hereby is GRANTED as follows, using the terms as defined and used in the Stipulation: Plaintiff shall file any Motion to Remand on or before 3/17/2023. See document for further information. (jp)
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| Filing 7 Joint STIPULATION to Continue Defendant's Responsive Pleading Deadline Pending Potential Motion to Remand from February 23, 2023 to April 7, 2023 or 21 days after entry of the Court's order denying Motion to Remand, whichever is later filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order [Proposed] Order)(Kim, Sylvia) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Margo A. Rocconi. (ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant McLane/Suneast, Inc., identifying Fernando Prado, Plaintiff; McLane/Suneast, Inc., Defendant, a Texas Corporation and wholly-owned subsidiary of McLane Company, Inc.; McLane Company, Inc., a wholly-owned subsidiary of Berkshire Hathaway, Inc.; Berkshire Hathaway Inc., Berkshire Hathaway Inc., is a publicly-traded company on the New York Stock Exchange (BRK). (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant McLane/Suneast, Inc.. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV31208 Receipt No: ACACDC-34817042 - Fee: $402, filed by Defendant McLane/Suneast, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Summons, #4 Exhibit D - Civil Case Cover Sheet, #5 Exhibit E - Civil Case Cover Sheet Addendum and Statement of Location, #6 Exhibit F - Notice of Case Assignment, #7 Exhibit G - First Amended General Order, #8 Exhibit H - Order Pursuant to CCP 1054(a), Extending Time to Respond, #9 Exhibit I - Voluntary Efficient Litigation Stipulations, #10 Exhibit J - ADR Information Package, #11 Exhibit K - Initial Status Conference Order, #12 Exhibit L - September 29, 2022 Minute Order, #13 Exhibit M - Notice of Minute Order, #14 Exhibit N - Proof of Service of Summons, #15 Exhibit O - Notice of Appearance, #16 Exhibit P - Joint Initial Status Conference Report, #17 Exhibit Q - January 10, 2023 Minute Order, #18 Exhibit R - Case Management Order) (Attorney Matthew Charles Kane added to party McLane/Suneast, Inc.(pty:dft))(Kane, Matthew) |
| NON CONFORM COPY OF FIRST AMENDED COMPLAINT against Defendants Does, McLane Suneast, Inc. amending Complaint - (Discovery), filed by plaintiff Fernando Prado. (SUBMITTED ATTACHED EXHIBIT B)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 to 100,m inclusive, McLane Suneast, Inc. Jury Demanded., filed by plaintiff Fernando Prado. (FILED IN STATE COURT ON 9/26/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Fernando Prado, upon Defendant McLane Suneast, Inc. served on 9/28/2022, answer due 10/19/2022. Service of the Summons and Complaint were executed upon Daisy Montenegro, Intake Specialist-Authorized to Accept on Behalf of CT Corporation System, Agent for Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/3/2022 SUBMITTED ATTACHED EXHIBIT N) (ghap) |
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