Isiah Washington v. Sierra Aluminum Company et al
| Isiah Washington |
| Sierra Aluminum Company, Does 2 through 10, inclusive, Manuel Hernandez and Guadalupe Santos Sanchez |
| 5:2016cv00298 |
| February 18, 2016 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Sheri Pym |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
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Filing 73
ORDER DISMISSING ACTION, WITH PREJUDICE #72 by Judge Dolly M. Gee. IT IS HEREBY ORDERED THAT: The above-captioned action is hereby dismissed in its entirety as against all Defendants, with prejudice, pursuant to Fed. R. Civ. P. 41(a)(2). The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement executed by the Parties in the above-captioned action. (lom)
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| Filing 72 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(2) filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Proposed Order)(Scalabrini, Gary) |
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Filing 71
MINUTES (IN CHAMBERS) ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the parties' notice of settlement, filed 9/22/2017, indicating that the case has settled in its entirety #70 , this action is placed in inactive status. By 11/6/2017 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of 11/7/2017. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All scheduled dates and deadlines are VACATED. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
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| Filing 70 NOTICE of Settlement filed by Defendant Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Prager, David) |
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Filing 69
ORDER ON STIPULATION TO CONTINUE DEPOSITION OF DEFENSE EXPERT WITNESS JAMES HIGH, M.D. BEYOND EXPERT DISCOVERY CUTOFF #68 by Judge Dolly M. Gee: IT IS ORDERED THAT: The deposition of Defendants' expert witness, James High, M.D., shall be continued to October 6, 2017. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 68 STIPULATION for Discovery as to Stipulation to Take Expert Deposition Beyond Expert Discovery Cutoff filed by Plaintiff Isiah Washington. (Attachments: #1 Proposed Order permitting taking of depo beyond discovery cutoff)(Decker, Alyson) |
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Filing 67
ORDER CONTINUING ADR COMPLETION DATE AND PRETRIAL FILING DEADLINES by Judge Dolly M. Gee: Upon Stipulation #66 , IT IS ORDERED that the following deadlines are continued and extended as follows: Settlement Conference Completion Date 9/26/2017. Joint Status Report re Settlement due by 9/26/2017. Motions in Limine to be filed by 9/26/2017. Opposition to Motion in Limine FilingDeadline 10/3/2017. Proposed Pretrial Conference Order due by 9/26/2017. Contentions of Fact/Law 9/26/2017. Pretrial Exhibit Stipulation 9/26/2017. Joint Exhibit List due by 9/26/2017. Witness List due by 9/26/2017. See document for further details. (gk)
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| Filing 66 STIPULATION for Extension of Time to File ADR Completion Date and Pretrial Filing Deadlines filed by defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Proposed Order)(Scalabrini, Gary) |
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Filing 65
ORDER RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT #52 AND DEFENDANTS' MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE #54 by Judge Dolly M. Gee: the Court: (1) GRANTS summary judgment on the 42 U.S.C. Section 1981 cause of action against all Defendants insofar as it alleges disparate treatment; (2) GRANTS summary judgment on the Title VII cause of action against Sierra insofar as it alleges disparate treatment; (3) GRANTS summary judgment on the FEHA race discrimination cause of action against Sierra; (4) GRANTS summary judgment on the wrongful termination claim against Sierra to the extent it alleges disparate treatment; (5) DENIES the remainder of Defendants' motion for summary judgment; and (6) DENIES Defendants' motion for sanctions for spoliation of evidence. (gk)
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| Filing 64 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment #52 ; and Defendants' Motion for Sanctions for Spoliation of Evidence #54 . Following oral argument, the Court advises counsel that the tentative ruling stands and a written order will issue. Further, the Court grants leave for the parties to file an extension of the mediation deadline. If the parties wish to have the Court's assistance in assigning a Magistrate Judge to preside over settlement discussions, they shall notify the courtroom deputy clerk. Court Reporter: Anne Kielwasser. (gk) |
| Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Anna Blythe Levine-Gronningsater counsel for Plaintiff Isiah Washington. Adding Anna Levine-Gronningsater as counsel of record for Isiah Washington for the reason indicated in the G-123 Notice. Filed by Plaintiff Isiah Washington. (Attorney Anna Blythe Levine-Gronningsater added to party Isiah Washington(pty:pla))(Levine-Gronningsater, Anna) |
| Filing 62 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #52 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Declaration of David Prager, #2 Response to Plaintiff's Separate Statement, #3 Request for Judicial Notice, #4 Objections, #5 Objections to Washington Decl.)(Scalabrini, Gary) |
| Filing 61 REPLY NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #54 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Declaration of David Prager)(Scalabrini, Gary) |
| Filing 60 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #52 filed by Plaintiff Isiah Washington. (Attachments: #1 Supplement Separate Statement ISO Opposition to MSJ, #2 Declaration of Alyson Decker ISO Opposition to MSJ, #3 Exhibit 1-2 to Decker Declaration, #4 Exhibit 3-4 to Decker Declaration, #5 Exhibit 5-7 to Decker Declaration, #6 Exhibit 8-10 to Decker Declaration, #7 Exhibit 11-13 to Decker Declaration, #8 Exhibit 14-20 to Decker Declaration, #9 Declaration of Isiah Washington ISO Opposition to MSJ, #10 Declaration of Dr. Ildiko Tabori ISO Opposition to MSJ, #11 Supplement Request for Judicial Notice ISO Opposition to MSJ, #12 Exhibit to Request for Judicial Notice, #13 Supplement Evidentiary Objections ISO Opposition to MSJ, #14 Proposed Order Denying Defendants' MSJ)(Decker, Alyson) |
| Filing 59 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #54 filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration of Alyson Decker in Support of Opposition to Motion for Sanctions, #2 Exhibit 1-3 to Decker Declaration, #3 Exhibit 4-9 to Decker Declaration, #4 Proposed Order Denying Defendants' Motion for Sanctions)(Decker, Alyson) |
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Filing 58
ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT AND MOTION FOR SANCTIONS by Judge Dolly M. Gee. Pursuant to the parties' Stipulation to continue the hearing on the motion of for summary judgment or, in the alternative, motion for partial summary judgment, and Defendants' motion for sanctions (collectively, the "Motions") #57 ; and, good cause appearing therefor, IT IS HEREBY ORDERED THAT: The hearing on the Motions scheduled on August 18, 2017 shall be continued to September 8, 2017 at 2:00 p.m. (iv)
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| Filing 57 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #52 , NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #54 , Text Only Scheduling Notice, 56 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Scalabrini, Gary) |
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Filing 56
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues Defendants' Motion for Sanctions for Spoliation of Evidence #54 on August 18, 2017 from 9:30 a.m. to 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 55 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #54 (Attachments: #1 Proposed Order)(Scalabrini, Gary) |
| Filing 54 NOTICE OF MOTION AND MOTION for Sanctions Plaintiff filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. Motion set for hearing on 8/18/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of David Prager, #2 Exhibit A through E to Prager Declaration, #3 Exhibit F through N to Prager Declaration, #4 Declaration of Doug Carner) (Scalabrini, Gary) |
| Filing 53 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #52 (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Judgment)(Scalabrini, Gary) |
| Filing 52 NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. Motion set for hearing on 8/18/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Manuel Hernandez, #3 Declaration of Guadalupe Santos Sanchez, #4 Declaration of Alfred Lynch, #5 Exhibit 1 to 4 to Lynch Declaration, #6 Exhibit 5 to 9 to Lynch Declaration, #7 Declaration of David Prager, #8 Exhibit 10 to Prager Declaration, #9 Exhibit 11 to Prager Declaration, #10 Exhibit 12 to Prager Declaration, #11 Exhibit 13 to Prager Declaration, #12 Exhibit 14 to Prager Declaration, #13 Exhibit 15 to Prager Declaration, #14 Exhibit 16 to Prager Declaration, #15 Exhibit 17 to Prager Declaration, #16 Exhibit 18 to Prager Declaration, #17 Exhibit 19 to Prager Declaration, #18 Exhibit 20 to Prager Declaration, #19 Exhibit 21 to Prager Declaration, #20 Exhibit 22 to Prager Declaration, #21 Exhibit 23 to Prager Declaration, #22 Request for Judicial Notice - Exhibit 24) (Scalabrini, Gary) |
| Filing 51 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Denying Plaintiffs Ex Parte Application For Leave to Compel Defendant Sierra Aluminum to Produce Doug Hejduk Pursuant to Plaintiffs Rule 30(b)(6) Deposition Notice #48 (SEE ORDER FOR DETAILS). (kca) |
| Filing 50 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting Plaintiffs Motion to Compel Nonparty Employment Solutions, Inc. to Provide Further Responses to Plaintiffs Subpoenas #38 (SEE ORDER FOR DETAILS). (kca) |
| Filing 49 OPPOSITION to First EX PARTE APPLICATION to Compel Deposition of Doug Hejduk #48 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Declaration of Gary Scalabrini in Opposition to Ex Parte Application, #2 Certificate of Service)(Scalabrini, Gary) |
| Filing 48 First EX PARTE APPLICATION to Compel Deposition of Doug Hejduk filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration Declaration of Jivaka Candappa ISO Motion to Compel Depo)(Decker, Alyson) |
| Filing 47 Text Only Entry: PLAINTIFF'S MOTION TO COMPEL EMPLOYMENT SOLUTIONS TO RESPOND #38 is taken under submission and the hearing set for Monday, July 3, 2017 at 11:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY |
| Filing 46 REPLY Reply in Support MOTION for Discovery regarding Motion to Compel Responses to Subpoena to Employment Solutions #38 filed by Plaintiff Isiah Washington. (Decker, Alyson) |
| Filing 45 OPPOSITION to MOTION for Discovery regarding Motion to Compel Responses to Subpoena to Employment Solutions #38 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Declaration of Jill Lake, #2 Certificate of Service)(Scalabrini, Gary) |
| Filing 44 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Discharging Order to Show Cause, andGranting Application for Order Shortening Time #41 , #42 . The hearing on plaintiffs Motion to Compel is ADVANCED to July 3, 2017 at 11:00 a.m. (SEE ORDER FOR DETAILS). (kca) |
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Filing 43
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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| Filing 42 First EX PARTE APPLICATION to Shorten Time for Hearing on to 6/27/2017 filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration Decker Declaration in Support of Order Shortening Time, #2 Exhibit Exhibits to Decker Declaration, #3 Proposed Order Proposed Order Shortening Time) (Decker, Alyson) |
| Filing 41 First REQUEST for Reconsideration of Order to Show Cause Re Untimely Filing of Motion filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration Decker Declaration In Support of Response to Order to Show Cause, #2 Exhibit Exhibits to Decker Declaration)(Decker, Alyson) |
| Filing 40 STIPULATION for Protective Order filed by Plaintiff Isiah Washington.(Decker, Alyson) |
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Filing 39
MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Motion to Compel #38 Should Not Be Denied as Untimely. plaintiff is hereby ordered to show cause, on or before June 19, 2017, why the Motion to Compel should not be denied as untimely (SEE ORDER FOR DETAILS). (kca).
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| Filing 38 NOTICE OF MOTION AND MOTION for Discovery regarding Motion to Compel Responses to Subpoena to Employment Solutions filed by Plaintiff Isiah Washington. Motion set for hearing on 7/11/2017 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Declaration Declaration of Alyson Decker, #2 Proposed Order Order on Plaintiff's Motion to Compel)(Decker, Alyson) |
| Filing 37 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Denying #34 Ex Parte Application to Compel Deposition (SEE ORDER FOR DETAILS). (kca) |
| Filing 36 OPPOSITION to First EX PARTE APPLICATION to Compel Deposition of Lorena Picazo; Alfred Lynch; Cesar Perez; Guadalupe Santos; Manuel Hernandez; Raymundo Lopez; Eddie Luna #34 filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company. (Attachments: #1 Declaration of Gerald A. Griffin, #2 Declaration of Alfred Lynch, #3 Declaration of Gary Scalabrini, #4 Certificate of Service)(Scalabrini, Gary) |
| Filing 35 Amendment to First EX PARTE APPLICATION to Compel Deposition of Lorena Picazo; Alfred Lynch; Cesar Perez; Guadalupe Santos; Manuel Hernandez; Raymundo Lopez; Eddie Luna #34 filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration Declaration of Alyson Decker, #2 Proposed Order Proposed Order)(Decker, Alyson) |
| Filing 34 First EX PARTE APPLICATION to Compel Deposition of Lorena Picazo; Alfred Lynch; Cesar Perez; Guadalupe Santos; Manuel Hernandez; Raymundo Lopez; Eddie Luna filed by Plaintiff Isiah Washington. (Attachments: #1 Declaration Declaration of Alyson Decker,Esq., #2 Proposed Order Proposed Order)(Decker, Alyson) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #32 , Miscellaneous Document #31 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Appearance or Withdrawal. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) |
| Filing 32 (Decker, Alyson) |
| Filing 31 (Decker, Alyson) |
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Filing 30
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to assigned to the case for Settlement Conference. ADR Proceeding to be held no later than 9/12/2017. Joint status report re settlement due by 9-19-17; no appearance necessary. (iv)
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Filing 29
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Amended Pleadings due by 3/3/2017. Discovery cut-off 7/3/2017. Exhibit List due by 9/19/2017. Motions in Limine to be filed by 9/19/2017. Motions due by 7/14/2017. Proposed Pretrial Order due by 9/19/2017. Last date to conduct settlement conference is 9/12/2017. Status Report due by 9/19/2017. Witness List due by 9/19/2017. Final Pretrial Conference set for 10/10/2017 at 2:00 PM before Judge Dolly M. Gee. Jury Trial set for 11/7/2017 at 8:30 AM before Judge Dolly M. Gee. (Attachments: #1 SCHEDULE OF PRETRIAL & TRIAL DATES) (iv)
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Filing 28
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having received the parties' Joint 26(f) Report #27 , the Court hereby RESETS the scheduling conference for hearing on December 2, 2016 at 9:30 a.m. The order to show cause dated November 7, 2016 is DISCHARGED #26 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Defendants Manuel Hernandez, Guadalupe Santos Sanchez, Sierra Aluminum Company.. (Attachments: #1 Exhibit Schedule of Pretrial and Trial Dates, #2 proof of service)(Scalabrini, Gary) |
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Filing 26
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee. IT IS HEREBY ORDERED that Plaintiff show cause in writing no later than November 14, 2016, why sanctions should not be imposed for their failure to cooperate and participate with opposing counsel in a Rule 26(f) conference and for failure to file a Joint Rule 26(f) Report. The filing of a Joint Rule 26(f) Report by the deadline will be deemed a satisfactory response. The scheduling conference on November 18, 2016 is hereby VACATED and will be rescheduled if necessary. (lom)
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| Filing 25 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 24 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26 (f)] by Judge Dolly M. Gee is set for hearing 11/18/2016 at 9:30 AM. (iv) |
| Filing 23 ANSWER to Amended Complaint/Petition #21 filed by Defendants Does, Manuel Hernandez, Sierra Aluminum Company. (Attachments: #1 Certificate of Service)(Attorney Gary Edward Scalabrini added to party Does(pty:dft))(Scalabrini, Gary) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Letter from Plaintiff's Attorney #19 . The following error(s) was found: Attorneys or parties should refrain from writing letters to the judge, Local Rule 83-2.5. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 21 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #9 , Complaint - (Discovery), filed by Plaintiff Isiah Washington(Vallecillo, Kaprisha) |
| Filing 20 NOTICE entitled Plaintiff Isiah Washingtons Notice of Amending Complaint Pursuant to Courts Order re: Defendants Motion to Dismiss and Motion to Strike filed by pLAINTI Isiah Washington. (Attachments: #1 Exhibit Second Amended Complaint)(Vallecillo, Kaprisha) |
| Filing 19 RESPONSE filed by Plaintiff Isiah Washingtonto Order on Motion to Dismiss,,, #18 Amending of Complaint Pursuant to Court's Order of 7/29/2016 Document 18) (Vallecillo, Kaprisha) |
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Filing 18
MINUTES IN CHAMBERS - ORDER RE DEFENDANTS Motion to Dismiss and Motion to Strike #12 by Judge Dolly M. Gee: Sierra Aluminum motion to dismiss Washington FAC is GRANTED with leave to amend as to the claim for breach of the implied covenant of good faith and fair dealing and DENIED as to the Ralph and Bane Act claims. Defendant motion to strike portions of the complaint is DENIED. The Court DENIES Defendants request for judicial notice as mootit did not rely upon the requested document to resolve the motion. Plaintiff shall file any Second Amended Complaint as to the implied covenant claim, or inform Defendants and the Court that it does not intend to amend, within 15 days from the date of this Order, and Defendants shall file their response within 15 days after the service and filing of a Second Amended Complaint or notice that Plaintiff does not intend to amend. (jp)
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Filing 17
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Amended Motion to Dismiss and Motion to Strike #12 presently scheduled for hearing on March 29, 2016, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 16 REPLY in support of Amended NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh and ninth causes of action and Motion to Strike #12 filed by Defendants Manuel Hernandez, Sierra Aluminum Company. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Scalabrini, Gary) |
| Filing 15 MEMORANDUM in Opposition to Amended NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh and ninth causes of action and Motion to Strike #12 filed by Plaintiff Isiah Washington. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vallecillo, Kaprisha) |
| Filing 14 NOTICE of Interested Parties filed by Plaintiff Isiah Washington, (Attachments: #1 Declaration Proof of Service)(Vallecillo, Kaprisha) |
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Filing 13
MINUTES (IN CHAMBERS)ORDER by Judge Dolly M. Gee: On March 28, 2016, Defendants filed a motion to dismiss and noticed the hearing for May 18, 2016 #11 . That same day, Defendants filed an amended motion to dismiss and re-noticed the hearing for April 29, 2016 (Amended Motion) #12 . Parties are advised that once a hearing date is set on the Courts calendar, the date cannot be changed without leave of Court. With the Amended Motion as the operative motion, parties are reminded that the hearing date is April 29, 2016 at 9:30 a.m. IT IS SO ORDERED. (kti)
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| Filing 12 Amended NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh and ninth causes of action and Motion to Strike filed by defendants Manuel Hernandez, Sierra Aluminum Company. Motion set for hearing on 4/29/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 proof of service) (Scalabrini, Gary) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh and ninth causes of action and motion to strike filed by defendant Manuel Hernandez, Sierra Aluminum Company. Motion set for hearing on 5/18/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 proof of service) (Scalabrini, Gary) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #9 . The following error(s) was found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 9 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff Isiah Washington(Vallecillo, Kaprisha) |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (iv)
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| Filing 7 (IN CHAMBERS) TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee. Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 14-03 filed on February 19, 2016. Please substitute the initials DMG in place of the current initials, so that the case number will now read CV 16-00298-DMG (SPx). As documents are routed using the judge's initials, it is imperative that the correct initials DMG be used on all subsequent filings to prevent any delays in the processing of documents. (iv) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendants Manuel Hernandez, Sierra Aluminum Company, of Notice to Adverse Party of Removal to Federal Court served on February 19, 2016. (Attachments: #1 Exhibit A)(Scalabrini, Gary) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ad) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 14-03, this case has been randomly reassigned to District Judge Dolly M. Gee. The case number on all documents filed with the Court in this case should read as follows: 5:16-cv-298 DMG(SPx). (ad) |
| Conformed copy of state court COMPLAINT filed by plaintiff Isiah Washington against Defendants Does, Manuel Hernandez, Sierra Aluminum Company. Jury Demanded. [Exhibit to Notice of Removal] (ad) |
| Conformed copy of state court 30 DAY Summons Issued Re #1 Complaint as to defendants Manuel Hernandez, Sierra Aluminum Company. [Exhibit to Notice of Removal] (ad) |
| Non-Conformed copy of state court PROOF OF SERVICE Executed by Plaintiff Isiah Washington, upon Defendant Manuel Hernandez served on 1/20/2016. Executed upon the officer agency or corporation by delivering a copy to Robert Horsley - Chief Financial Officer. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration attached. [Exhibit to Notice of Removal] (ad) |
| Non-Conformed copy of state court PROOF OF SERVICE Executed by Plaintiff Isiah Washington, upon Defendant Sierra Aluminum Company served on 1/20/2016. Executed upon the officer agency or corporation by delivering a copy to Robert Horsley - Chief Financial Officer. Service was executed in compliance with California Code of Civil Procedure. [Exhibit to Notice of Removal] (ad) Modified on 2/19/2016 (ad). |
| Filing 3 CIVIL COVER SHEET filed by Defendants Manuel Hernandez, Sierra Aluminum Company. (Attachments: #1 Proof of Service)(Scalabrini, Gary) |
| Filing 2 NOTICE of Interested Parties filed by Defendants Manuel Hernandez, Sierra Aluminum Company, (Attachments: #1 Proof of Service)(Scalabrini, Gary) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1600207 Receipt No: 0973-17310335 - Fee: $400, filed by Defendants Manuel Hernandez, Sierra Aluminum Company. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - C - Certificate of Counsel, #4 Exhibit D - Notice of Departement Assignment, #5 Exhibit E - Proof of Service of Summons on Sierra, #6 Exhibit F - Proof of Service of Summons on Hernandez, #7 Exhibit G - Declaration of Diligence, #8 Exhibit H - Proof of Service by Mail on Hernandez, #9 Proof of Service) (Attorney Gary Edward Scalabrini added to party Manuel Hernandez(pty:dft), Attorney Gary Edward Scalabrini added to party Sierra Aluminum Company(pty:dft))(Scalabrini, Gary) |
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