Octavio Agusto Arias v. The Shyft Group GTB, LLC
| Octavio Agusto Arias |
| The Shyft Group GTB, LLC, Spartan Motors Group, LLC and DOES 1 through 10, inclusive |
| 2:2023cv01582 |
| March 2, 2023 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| John F Walter |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 Receipt of Acknowledgment of documents received by Los Angeles Superior Court, case no. 22STCV37390. (lom) |
| Filing 36 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (iv) |
Filing 35
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION TO REMAND [filed 4/3/2023; Docket No. #24 ] by Judge John F. Walter. Plaintiff's Motion to Remand is GRANTED. This action is REMANDED to Los Angeles County Superior Court. MD JS-6. Case Terminated. (iv)
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Filing 34
ORDER GRANTING DEFENDANT'S REQUEST TO EXCUSE THE APPEARANCE OF LEAD TRIAL COUNSEL AT THE MAY 22, 2023 HEARING ON PLAINTIFF'S MOTION TO REMAND #33 by Judge John F. Walter. Defendant's Lead Trial Counsel, Shareef S. Farag, Esq., is excused from attending the hearing on Plaintiffs Motion to Remand scheduled for May 22, 2023 at 1:30 p.m. (iv)
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| Filing 33 Request filed by Defendant The Shyft Group GTB, LLC Defendants Request To Excuse The Appearance Of Lead Trial Counsel At The May 22, 2023 Hearing On Plaintiffs Motion To Remand [DKT. #24] (Attachments: #1 Proposed Order)(Farag, Shareef) |
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Filing 32
MINUTE ORDER (IN CHAMBERS): ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION TO REMAND [filed 4/3/2023; Docket No. 24] by Judge John F. Walter: The Court CONTINUES the hearing on Plaintiff's Motion to Remand filed on April 3, 2023 (Docket No. 24) from May 8, 2023 to May 22, 2023 at 1:30 p.m. (bm)
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Filing 31
ORDER GRANTING REQUEST TO EXCUSE THE APPEARANCE OF LEAD TRIAL COUNSEL AT THE MAY 8, 2023 HEARING OF PLAINTIFF'S MOTION TO REMAND #30 by Judge John F. Walter. Plaintiff's Lead Trial Counsel, Justin F. Marquez, is excused from attending the Motion to Remand hearing.Christina M. Le is authorized to appear on behalf of Plaintiff at the May 8, 2023 Motion to Remand hearing. (iv)
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| Filing 30 REQUEST for Order for TO EXCUSE THE APPEARANCE OF LEAD TRIAL COUNSEL AT THE MAY 8, 2023 HEARING OF PLAINTIFFS MOTION TO REMAND filed by Plaintiff Octavio Agusto Arias. (Attachments: #1 Proposed Order) (Greenberg, Zachary) |
| Filing 29 NOTICE OF LODGING filed of [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 (Attachments: #1 Proposed Order)(Farag, Shareef) |
| Filing 28 NOTICE OF LODGING filed of [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 (Attachments: #1 [PROPOSED] STATEMENT OF DECISION)(Greenberg, Zachary) |
| Filing 27 REPLY in support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 filed by Plaintiff Octavio Agusto Arias. (Greenberg, Zachary) |
| Filing 26 Objection re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 - Defendant's Objections to Plaintiff's Request for Judicial Notice in Support of Motion to Remand [DKT. #24-2] filed by Defendant The Shyft Group GTB, LLC. (Farag, Shareef) |
| Filing 25 Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 filed by Defendant The Shyft Group GTB, LLC. (Attachments: #1 Declaration of Jennifer MaCaloon, #2 Declaration of Levon Massmanian, #3 Appendix A to the Declaration of f Levon Massmanian)(Farag, Shareef) |
| Filing 24 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Octavio Agusto Arias. Motion set for hearing on 5/8/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Zachary D. Greenberg in Support of Remand, #2 Request for Judicial Notice in Support of Remand, #3 Exhibit A to Request for Judicial Notice: Frias-Estrada v. Trek Complaint, #4 Exhibit B to Request for Judicial Notice: Frias-Estrada v. Trek Order Granting Remand, #5 Exhibit C to Request for Judicial Notice: Peters v. TA Operating Complaint, #6 Exhibit D to Request for Judicial Notice: Peters v. TA Operating Order Granting Remand, #7 Proposed Order) (Greenberg, Zachary) |
| Filing 21 STATEMENT LOCAL RULE 7-3 JOINT CONFERENCE STATEMENT filed by Plaintiff Octavio Agusto Arias (Greenberg, Zachary) |
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Filing 23
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 6/7/2024 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 6/14/2024 at 8:00 AM. Jury Trial set for 6/25/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 22
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 April 10, 2023 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: January 8, 2024. (iv)
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| Filing 20 Certification and NOTICE of Interested Parties filed by Plaintiff Octavio Agusto Arias, (Greenberg, Zachary) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Octavio Agusto Arias.. (Greenberg, Zachary) |
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Filing 18
ORDER RE JOINT STIPULATION EXTENDING MOTION FOR REMAND FILING DEADLINE #17 by Judge John F. Walter. DENIED by Order of the Court. No showing of good cause. (rolm)
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| Filing 17 Joint STIPULATION for Extension of Time to File Motion for Remand filed by Plaintiff Octavio Agusto Arias. (Attachments: #1 Proposed Order)(Marquez, Justin) |
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Filing 16
ORDER DENYING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND RELATED DEADLINES DUE TO UNAVAILABILITY OF LEAD TRIAL COUNSEL #14 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 15 DECLARATION of Justin F. Marquez , Lead Trial Counsel for Plaintiff Octavio Agusto Arias filed by Plaintiff Octavio Agusto Arias. (Marquez, Justin) |
| Filing 14 Joint STIPULATION to Continue Scheduling Conference and Related Deadlines Due to Unavailability of Lead Trial Counsel from April 10, 2023 to April 24, 2023 filed by Defendant The Shyft Group GTB, LLC. (Attachments: #1 Proposed Order Approving Joint Stipulation to Continue Scheduling Conference and Related Deadlines Due to Unavailability of Lead Trial Counsel)(Farag, Shareef) |
| Filing 13 Notice of Errata filed by Defendant The Shyft Group GTB, LLC. (Attachments: #1 Exhibit 1 Defendant's Supplement to Notice of Removal [DKT. #1])(Farag, Shareef) |
| Filing 12 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant The Shyft Group GTB, LLC. (Attachments: #1 Exhibit A-Class Complaint, #2 Exhibit B-Summons, #3 Exhibit C-Civil Case Cover Sheet, #4 Exhibit D-Civil Case Cover Sheet Addendum, #5 Exhibit E-Notice of Assignment, #6 Exhibit F-First Amended General Order, #7 Exhibit G-Initial Status Conference Order, #8 Exhibit H-December 20 2022 Minute Order, #9 Exhibit I-Voluntary Efficient Lit Stips., #10 Exhibit J-ADR Info Package, #11 Exhibit K-General Order Extending Time to Respond, #12 Exhibit L-Notice & Acknowledgement & Receipt, #13 Exhibit M-Notice of Appearance)(Farag, Shareef) |
| Filing 11 DECLARATION of Shareef S. Farag as Lead Trial Counsel filed by Defendant The Shyft Group GTB, LLC. (Farag, Shareef) |
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Filing 10
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 10, 2023 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 March 24, 2023. (iv)
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Filing 9
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 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01582-JFW (DFMx). (et)
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| Filing 7 ANSWER to Complaint - (Discovery) filed by Defendant The Shyft Group GTB, LLC.(Farag, Shareef) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Douglas F. McCormick. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Octavio Agusto Arias in Los Angeles Superior Court on 3/2/2023. (jtil) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant The Shyft Group GTB, LLC, identifying Octavio Agusto Arias (Plaintiff); The Shyft Group GTB, LLC (A defendant in this action and a wholly-owned subsidiary of The Shyft Group USA, Inc.); The Shyft Group USA, Inc. (The Shyft Group USA, Inc. is a wholly-owned subsidiary of The Shyft Group, Inc.); and The Shyft Group, Inc. (The Shyft Group, Inc. is a publicly-traded company (NASDAQ:SHYF). (Farag, Shareef) |
| Filing 2 CIVIL COVER SHEET filed by Defendant The Shyft Group GTB, LLC. (Farag, Shareef) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV37390 Receipt No: ACACDC-34889504 - Fee: $402, filed by Defendant The Shyft Group GTB, LLC. (Attachments: #1 Exhibit A (Class Action Complaint), #2 Exhibit B (Summons), #3 Exhibit C (Civil Case Cover Sheet), #4 Exhibit D (Civil Case Cover Sheet Addendum), #5 Exhibit E (Notice of Assignment), #6 Exhibit F (First Amended General Order), #7 Exhibit G (Initial Status Conference Order), #8 Exhibit H (12-20-22 Minute Order), #9 Exhibit I (Voluntary Efficient Litigation Stipulations), #10 Exhibit J (ADR Information Package), #11 Exhibit K (General Order), #12 Exhibit L (Notice of Acknowledgement of Receipt), #13 Exhibit M (Notice of Appearance), #14 Exhibit N (Joint Initial Status Conference Response Statement)) (Attorney Shareef Swamy Farag added to party The Shyft Group GTB, LLC(pty:dft))(Farag, Shareef) |
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