William Robles v. Schneider National Carriers, Inc. et al
| William Robles |
| Schneider National Carriers, Inc, Schneider National Carriers, Inc. and DOES 1 through 50, inclusive |
| 5:2016cv02482 |
| December 1, 2016 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Kenly Kiya Kato |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2017. A more recent docket listing may be available from PACER.
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| Filing 48 STATEMENT of Plaintiff's Response to Defendant's Evidentiary Objections to Declaration of William Robles NOTICE OF MOTION AND MOTION to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine #43 filed by Plaintiff William Robles. (Mukherjee, Ruchira) |
Filing 49
MINUTE Order (1) GRANTING Defendant's Motion to Dismiss for Forum Non Conveniens (Dkt. No. #43 ); (2) DISMISSING the Action; and (3) VACATING the December 18, 2017 Hearing (IN CHAMBERS) by Judge Jesus G. Bernal. (SEE ORDER FOR FURTHER DETAILS) Based on the foregoing, the Court GRANTS Defendant's Motion to dismiss on forum non conveniens grounds. The Court DISMISSES the case without prejudice, subject to the condition that Defendant treat the statute of limitations as tolled from December 1, 2016 until 30 days after the date of this order. The Clerk is directed to close the case. (MD JS-6. Case Terminated) (iva)
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| Filing 47 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine #43 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Evidentiary Objections, #2 Declaration of Tammy Melbauer, #3 Declaration of Lori Collar)(Kane, Matthew) |
| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine #43 filed by Plaintiff William Robles. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service, #3 Declaration of William Robles)(Blumenthal, Norman) |
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Filing 45
ORDER APPROVING JOINT STIPULATION TO RE-VACATE SCHEDULING CONFERENCE AND REINSTATE STATUS QUO UNDER COURTS SEPTEMBER 25, 2017 ORDER VACATING THE INITIALLY SET STATUS CONFERENCE DUE TO ERRATA OF PLAINTIFFS OCTOBER 13, 2017 REQUEST FOR JUDICIAL NOTICE by Judge Jesus G. Bernal, re Stipulation to Vacate, #44 . IT IS HEREBY ORDERED THAT: 1. The November 27, 2017 Scheduling Conference shall be vacated and the parties relieved of their obligation to hold an early meeting of counsel and to prepare and file a Joint Rule 26(f) Report. (SEE ORDER FOR FURTHER DETAILS) (iva)
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| Filing 44 Joint STIPULATION to Vacate Initial Order Setting R26 Scheduling Conference - form only #41 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Proposed Order Approving Joint Stipulation to Re-Vacate Scheduling Conference and Reinstate Status Quo under Courts 9-25-17 Order Vacating the initially set Status Conference due to Errata of Plaintiffs 10-13-17 Request for Judicial Notice)(Kane, Matthew) |
| Filing 43 NOTICE OF MOTION AND MOTION to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine filed by Defendant Schneider National Carriers, Inc.. Motion set for hearing on 12/18/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Appendix of Exhibits in support of Defendant Schneider National Carriers, Inc.s Motion to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine, #2 Proposed Order Granting Defendant Schneider National Carriers, Inc.s Motion to Dismiss for Forum Non Conveniens or, Alternatively, to Stay Action Pursuant to the Colorado River Doctrine) (Kane, Matthew) |
| Filing 42 NOTICE OF ERRATA filed by Plaintiff William Robles. correcting Request for Judicial Notice #40 (Blumenthal, Norman) |
| Filing 41 SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 11/27/2017 at 11:00 AM before Judge Jesus G. Bernal. (mga) |
| Filing 40 REQUEST FOR JUDICIAL NOTICE REGARDING ORDER BY DISTRICT III OF WISCONSIN COURT OF APPEALS DENYING DEFENDANT'S MOTION TO VACATE filed by Plaintiff William Robles. (Blumenthal, Norman) |
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Filing 39
ORDER by Judge Jesus G. Bernal APPROVING Joint Stipulation Re Briefing Schedule on Defendant's Forthcoming Motion to Stay Action and to Vacate Scheduling Conference #38 : (see document image for specifics). IT IS SO ORDERED. (ad)
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| Filing 38 Joint STIPULATION for Order Approving Joint Stipulation Regarding Briefing Schedule on Defendants Forthcoming Motion to Stay Action and to Vacate Scheduling Conference filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 37 NOTICE of Previous Filing of Certification and Notice of Interested Parties filed by Defendant Schneider National Carriers, Inc.. (Kane, Matthew) |
| Filing 36 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Second Amended Complaint (Discovery) #33 by Deputy Clerk of Court. Defendant is to file the Certificate of Interested Parties pursuant to LR 7.1-1 no later than 9/6/2017. (ad) |
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Filing 35
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 10/23/2017 at 11:00 AM before Judge Jesus G. Bernal. (gga)
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #33 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ad) |
| Filing 33 ANSWER to Amended Complaint/Petition #25 with JURY DEMAND filed by Defendant Schneider National Carriers, Inc..(Kane, Matthew) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER by Judge Jesus G. Bernal denying #26 MOTION to Dismiss Case. For the reasons stated above, the Court DENIES Defendant's motion to dismiss any of the five causes of action at issue. However, as discussed above, the Court GRANTS Defendant's motion to strike Plaintiff's restitution claims for overpayment of federal taxes. IT IS SO ORDERED. (see document for details). (dro)
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Filing 31
SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. The Court finds Defendants Motion to Dismiss (Doc. No. 26) is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on 7/10/2017. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 30 SCHEDULING NOTICE by Judge Jesus G. Bernal: The Motion to Dismiss Case #26 hearing previously scheduled for 7/03/2017 at 09:00 AM is hereby continued to 7/10/2017 at 09:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers, Inc.. Karen Luh is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Schneider National Carriers, Inc.. (Beldner, Sabrina) |
| Filing 28 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Appendix of Supplemental Exhibits)(Kane, Matthew) |
| Filing 27 Plaintiff's Opposition to Defendant's Motion to Dismiss and/or Strike Complaint in Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiff William Robles. (Attachments: #1 Declaration of Molly A. DeSario in Support of Plaintiff's Opposition to Motion to Dismiss and/or Strike Complaint, #2 Proposed Order)(DeSario, Molly) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Schneider National Carriers, Inc.. Motion set for hearing on 7/3/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Appendix of Exhibits, #2 Proposed Order) (Kane, Matthew) |
| Filing 25 Second AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition #18 , filed by Plaintiff William Robles(DeSario, Molly) |
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Filing 24
ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Permit Filing of Second Amended Complaint and Regarding Briefing Schedule on Intended Responsive Motion #23 . (twdb)
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| Filing 23 Joint STIPULATION for Leave to to file Second Amended Complaint and Re Briefing Schedule on Intended Responsive Motion filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Exhibit A - Second Amended Class Action Complaint, #2 Proposed Order Granting Joint Stipulation to Permit Filing of Second Amended Complaint and Re Briefing Schedule on Intended Responsive Motion)(Kane, Matthew) |
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Filing 22
ORDER GRANTING Stipulation Extending Time to Answer (30 days or less) #21 by Judge Jesus G. Bernal: 1. Defendants time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiffs First Amended Complaint in this action shall be and hereby is extended by 7 days to and including April 4, 2017; and 2. By entering into this Stipulation, Defendant does not waive and expressly reserves all defenses and challenges to Plaintiffs action. IT IS SO ORDERED. (ad)
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| Filing 21 Joint STIPULATION Extending Time to Answer the complaint as to Schneider National Carriers, Inc. answer now due 4/4/2017, re Order Extending Answer Due Deadline, #20 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to Extend Time to Respond to First Amended Complaint by Additional Seven Days)(Kane, Matthew) |
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Filing 20
ORDER granting Stipulation Extending Time to Answer #19 by Judge Jesus G. Bernal: Defendants time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiffs First Amended Complaint in this action shall be and hereby is extended by 14 days to and including March 28, 2017. IT IS SO ORDERED. (ad)
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| Filing 19 Joint STIPULATION Extending Time to Answer the complaint as to Schneider National Carriers, Inc. answer now due 3/28/2017, re Amended Complaint/Petition #18 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to Extend Time to Respond to First Amended Complaint by Fourteen Days)(Kane, Matthew) |
| Filing 18 FIRST AMENDED COMPLAINT against Defendant DOES, Schneider National Carriers, Inc. amending Complaint - (Discovery), filed by Plaintiff William Robles (Attachments: #1 Proof of Service)(Blumenthal, Norman) |
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Filing 17
MINUTE Order: (1) GRANTING in Part and Denying in Part Defendants Motion to Dismiss (Dkt. No. #12 ); and (2) VACATING the February 13, 2017Hearing (IN CHAMBERS) by Judge Jesus G. Bernal. (SEE ORDER FOR DETAILS.) (mga)
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| Filing 16 OPPOSITION to Defendant's Objections to and Motion to Strike DeSario Declaration in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint filed by Plaintiff William Robles. (DeSario, Molly) |
| Filing 15 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) and/or 12(f) #12 filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Reply Objections to and Motion to Strike Desario Declaration)(Kane, Matthew) |
| Filing 14 OPPOSITION in Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) and/or 12(f) #12 filed by Plaintiff William Robles. (Attachments: #1 Declaration of Molly A. DeSario in Support of Plaintiff's Opposition to Motion to Dismiss and/or Strike Complaint, #2 Proposed Order)(DeSario, Molly) |
| Filing 13 NOTICE of Appearance filed by attorney Molly Ann DeSario on behalf of Plaintiff William Robles (DeSario, Molly) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Complaint Pursuant To Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant Schneider National Carriers, Inc.. Motion set for hearing on 2/13/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Appendix A - G, #2 Proposed Order) (Kane, Matthew) |
| Filing 11 NOTICE of Appearance filed by attorney Ruchira Piya Mukherjee on behalf of Plaintiff William Robles (Attorney Ruchira Piya Mukherjee added to party William Robles(pty:pla))(Mukherjee, Ruchira) |
| Filing 10 NOTICE of Appearance filed by attorney Victoria Bree Rivapalacio on behalf of Plaintiff William Robles (Attorney Victoria Bree Rivapalacio added to party William Robles(pty:pla))(Rivapalacio, Victoria) |
| Filing 9 NOTICE of Appearance filed by attorney Molly Ann DeSario on behalf of Plaintiff William Robles (Attorney Molly Ann DeSario added to party William Robles(pty:pla))(DeSario, Molly) |
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 7 Joint STIPULATION Extending Time to Answer the complaint as to Schneider National Carriers, Inc. answer now due 12/22/2016, filed by Defendant Schneider National Carriers, Inc..(Kane, Matthew) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff William Robles in Riverside Superior Court on 9/22/2016, and attached to Notice of Removal #1 as Exhibit A. (jtil) |
| Filing 4 NOTICE of Pendency of Other Actions or Proceedings filed by Defendant Schneider National Carriers, Inc.. (Kane, Matthew) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Schneider National Carriers, Inc., identifying Schneider National, Inc.. (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Schneider National Carriers, Inc.. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number RIC 1612222 Receipt No: 0973-18983487 - Fee: $400, filed by Defendant Schneider National Carriers, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Certificate of Counsel, #5 Exhibit E - Case Mgmt Order, #6 Exhibit F - Clerk's Certificate, #7 Exhibit G - Ntc of Assignment, #8 Exhibit H - Continuance of Hearing, #9 Exhibit I - Order to Continue, #10 Exhibit J - Proof of Service) (Attorney Matthew Charles Kane added to party Schneider National Carriers, Inc.(pty:dft))(Kane, Matthew) |
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