Heriberto Morales v. Activ Enterprises, LLC et al
| Heriberto Morales |
| Activ Enterprises, LLC, Amazon.com Services LLC, Amazon Logistics, Inc., Doe and Does 1 through 50, Inclusive |
| 2:2023cv05943 |
| July 21, 2023 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Steve Kim |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 REPLY NOTICE OF MOTION AND MOTION to Compel Arbitration #16 filed by Defendant Activ Enterprises, LLC. (Attachments: #1 Supplemental Request for Judicial Notice in Support of Motion to Compel Individual Arbitration, #2 Exhibit 3 to Request for Judicial Notice, #3 Supplemental Declaration of Michael Kimball in Support of Motion to Compel Individual Arbitration, #4 Exhibit 4 to Kimball Decl., #5 Exhibit 5 to Kimball Decl., #6 Exhibit 6 to Kimball Decl., #7 Exhibit 7 to Kimball Decl., #8 Response to Plaintiff's Evidentiary Objections to Defendant Activ Enterprises LLC's Evidence in Support of its Motion to Compel Arbitration)(Johnson, Timothy) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #16 filed by Plaintiff Heriberto Morales. (Attachments: #1 Declaration Plaintiff's Declaration ISO Opp, #2 Exhibit Ex. 1 to Plaintiff's Declaration, #3 Declaration Declaration of Jared Osborne ISO Opp, #4 Exhibit Ex. 1 to Osborne Decl., #5 Supplement Plaintiff's Objections to Evidence, #6 Proposed Order Proposed Order re: Plaintiff's Objections to Evidence)(Osborne, Jared) |
Filing 20
ORDER (1) TO CONTINUE THE SCHEDULING CONFERENCE SET FOR SEPTEMBER 25, 2023; AND (2) FOR STAY PENDING A RULING ON DEFENDANT ACTIV ENTERPRISES, LLC'S MOTION TO COMPEL INDIVIDUAL ARBITRATION, DISMISS CLASS CLAIMS, AND DISMISS OR STAY ACTION by Judge Dale S. Fischer. See Order for specifics. (aco)
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| Filing 19 Joint STIPULATION to Continue Scheduling Conference from September 25, 2023 to November 6, 2023 filed by defendant Amazon Logistics, Inc., Amazon.com Services LLC. (Attachments: #1 Proposed Order)(Fahy, Brian) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Miranda Rowley counsel for Defendants Amazon Logistics, Inc., Amazon.com Services LLC. Adding Miranda M. Rowley as counsel of record for Amazon.com Services LLC and Amazon Logistics, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Amazon.com Services LLC and Amazon Logistics, Inc.. (Attorney Miranda Rowley added to party Amazon Logistics, Inc.(pty:dft), Attorney Miranda Rowley added to party Amazon.com Services LLC(pty:dft))(Rowley, Miranda) |
| Filing 17 JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration #16 filed by Defendants Amazon Logistics, Inc., Amazon.com Services LLC. (Attachments: #1 Request for Judicial Notice ISO Amazon's Notice of Joinder, #2 Exhibit A to RJN)(Fahy, Brian) |
| Filing 16 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Activ Enterprises, LLC. Motion set for hearing on 10/2/2023 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #2 Declaration of Tim L. Johnson in Support of Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #3 Request for Judicial Notice in Support of Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #4 Exhibit 1 to Request for Judicial Notice, #5 Exhibit 2 to Request for Judicial Notice, #6 Declaration of Michael Kimbal in Support of Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #7 Exhibit 1 to Kimball Decl., #8 Exhibit 2 to Kimball Decl., #9 Exhibit 3 to Kimball Decl., #10 Declaration of Alexis Cantwell-Badyna in Support of Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #11 Exhibit 1 to Cantwell-Badyna Decl., #12 Proposed Order Granting Defendant Activ Enterprises, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action) (Johnson, Timothy) |
| Filing 15 NOTICE of Interested Parties filed by Defendant Activ Enterprises, LLC, identifying Activ Enterprises, LLC, a Nevada State Limited Liability Company. (Johnson, Timothy) |
| Filing 14 NOTICE of Appearance filed by attorney Keenan P O'Connor on behalf of Defendant Activ Enterprises, LLC (Attorney Keenan P O'Connor added to party Activ Enterprises, LLC(pty:dft))(O'Connor, Keenan) |
| Filing 13 NOTICE of Appearance filed by attorney Nikolas T Djordjevski on behalf of Defendant Activ Enterprises, LLC (Attorney Nikolas T Djordjevski added to party Activ Enterprises, LLC(pty:dft))(Djordjevski, Nikolas) |
| Filing 12 NOTICE of Appearance filed by attorney Timothy L Johnson on behalf of Defendant Activ Enterprises, LLC (Attorney Timothy L Johnson added to party Activ Enterprises, LLC(pty:dft))(Johnson, Timothy) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Activ Enterprises, LLC answer now due 8/25/2023, re Complaint - (Discovery) filed by Defendant Activ Enterprises, LLC.(Attorney Yousaf M Jafri added to party Activ Enterprises, LLC(pty:dft))(Jafri, Yousaf) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 9/25/2023 at 11:00 AM before Judge Dale S. Fischer. (pk)
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Filing 9
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pk)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Margo A. Rocconi. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Margo A. Rocconi to Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-05943 DSF(SKx). (rn)
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| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 10 Civil Cover Sheet is attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| 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 Dale S. Fischer and Magistrate Judge Margo A. Rocconi. (ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Activ Enterprises, LLC, Does 1 through 50, Inclusive amending Complaint - (Discovery), filed by plaintiff Heriberto Morales. (FILED IN STATE COURT ON 8/15/2022 SUBMITTED ATTACHED EXHIBIT B)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Activ Enterprises, LLC, Does 1 through 50, Inclusive. Jury Demanded., filed by plaintiff Heriberto Morales. (FILED IN STATE COURT ON 7/8/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Heriberto Morales, upon Defendant Activ Enterprises, LLC served on 8/31/2022, answer due 9/21/2022. Service of the Summons and Complaint were executed upon The Corporate Place Registered Agent be leaving with Don Warren Person Authorized to Accept in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 9/6/2022 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT amending Complaint - (Discovery), plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 2 and having discovered the true name of the defendant to be Amazon.com Services, Inc., filed by plaintiff Heriberto Morales. (FILED IN STATE COURT ON 6/7/2023 SUBMITTED ATTACHED TO EXHIBIT D)(ghap) |
| CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT amending Complaint - (Discovery), plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be Amazon Logistics, Inc., filed by plaintiff Heriberto Morales. (FILED IN STATE COURT ON 6/7/2023 SUBMITTED ATTACHED TO EXHIBIT D)(ghap) |
| CONFORMED FILED COPY OF ANSWER to First Amended Complaint, filed by Defendants Amazon Logistics, Inc., Amazon.com Services LLC. (FILED IN STATE COURT ON 7/20/2023 SUBMITTED ATTACHED EXHIBIT H)(ghap) |
| Filing 3 CERTIFICATE OF SERVICE filed by Defendants Amazon Logistics, Inc., Amazon.com Services LLC, re Notice of Removal (Attorney Civil Case Opening),,, #1 , Corporate Disclosure Statement #2 served on July 21, 2023. (Fahy, Brian) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendants Amazon Logistics, Inc., Amazon.com Services LLC identifying Amazon.com, Inc. as Corporate Parent. (Fahy, Brian) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV22181 Receipt No: ACACDC-35718295 - Fee: $402, filed by Defendants Amazon.com Services LLC, Amazon Logistics, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Proof of Service of Summons, #4 Exhibit D - First Amendment to Complaint, #5 Exhibit E - Second Amendment to Complaint, #6 Exhibit F - Proof of Service of Summons - Amazon.com Services LLC, #7 Exhibit G - Proof of Service of Summons - Amazon Logistics, Inc., #8 Exhibit H - Answer to Plaintiff's First Amended Complaint, #9 Exhibit I - Other Documents, #10 Civil Cover Sheet) (Attorney Brian D. Fahy added to party Amazon Logistics, Inc.(pty:dft), Attorney Brian D. Fahy added to party Amazon.com Services LLC(pty:dft))(Fahy, Brian) |
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