Alyssa Hernandez v. Wal-Mart Associates, Inc. et al
| Alyssa Hernandez |
| Wal-Mart Associates, Inc. and DOES 1 through 10, inclusive |
| 5:2017cv01485 |
| July 26, 2017 |
| US District Court for the Central District of California |
| Andre Birotte |
| Kenly Kiya Kato |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2018. A more recent docket listing may be available from PACER.
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Filing 44
MINUTES (IN CHAMBERS) ORDER Consolidating Cases by Judge Andre Birotte Jr.: Pursuant to Federal Rule of Civil Procedure 42(a), the Court hereby consolidates the EDCV 17-01415 AB (KKx) and EDCV 17-01485 AB (KKx) for all purposes, including trial. For ease of record keeping, the court orders that all further documents and proceedings occur under Case No. 5:17-cv-01415-AB-KK and that all other cases are to be administratively closed. Counsel are directed to file all further documents under Case No. 5:17-cv-01415-AB-KK only. The documents should utilize the caption of the original filed case to which they relate. (Made JS-6. Case Terminated.) Court Reporter: N/A. (gk)
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Filing 43
ORDER by Judge Andre Birotte Jr. Granting Request for Approval of Substitution of Attorney Robert J. Herrington for Defendants Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. in place of Attorneys Paul W. Sweeney, Jr., Saman Rejali, Roman Hernandez, Patrick Madden #42 . (gk)
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| Filing 42 REQUEST TO SUBSTITUTE ATTORNEY Robert J. Herrington in place of attorney Paul W. Sweeney, Saman M. Rejali, Roman Hernandez, Patrick Madden filed by Defendant Wal-Mart Associates, Inc.. (Attachments: #1 Proposed Order) (Sweeney, Paul) |
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Filing 41
ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #40 (dts)
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| Filing 40 STIPULATION for Protective Order filed by Defendant Wal-Mart Associates, Inc.. (Attachments: #1 Proposed Order on Protective Order)(Rejali, Saman) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Saman M Rejali counsel for Defendant Wal-Mart Associates, Inc.. Adding Saman M. Rejali as counsel of record for WAL-MART ASSOCIATES, INC. for the reason indicated in the G-123 Notice. Filed by Defendant WAL-MART ASSOCIATES, INC.. (Attorney Saman M Rejali added to party Wal-Mart Associates, Inc.(pty:dft))(Rejali, Saman) |
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Filing 38
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. 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 11/2/2018. (iv)
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Filing 37
ORDER RE JURY/COURT TRIAL by Judge Andre Birotte Jr. Final Pretrial Conference set for 1/11/2019 at 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 1/29/2019 at 8:30 AM before Judge Andre Birotte Jr. SEE ORDER FOR DETAILS. (iv)
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Filing 36
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the November 17, 2017 Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
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| Filing 35 JOINT RULE 26(f) REPORT filed by Plaintiff Alyssa Hernandez. (Mankin, Brian) |
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Filing 34
MINUTES (IN CHAMBERS) ORDER RE SCHEDULING CONFERENCE AND RULE 26(F) REPORT by Judge Andre Birotte Jr.: On 10/17/2017, the parties filed a Joint Stipulation to advance the scheduling conference in this case from 3/2/2018 to 11/3/2018 #32 . According to the Stipulation, the parties intend to consolidate this case with another pending case against the same defendants, Chelsea Hamilton v. Wal-Mart Stores, Inc. et al, Case No. 17-1415-AB (KKx). However, because the cases have yet to be consolidated, the parties must file a Joint Rule 26(f) Report in this case, and cannot rely on the one filed in Hamilton. The parties are ORDERED to file a Joint Rule 26(f) Report by 11/6/2017. The Scheduling Conference is hereby continued to 11/17/2017 at 10:00 AM before Judge Andre Birotte Jr. Court Reporter: N/A. (gk)
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Filing 33
ORDER RE: STIPULATION REGARDING: (1) ADVANCING SCHEDULING CONFERENCE TO NOVEMBER 3, 2017, AND (2) RELIEF FROM LOCAL RULE 23-3 by Judge Andre Birotte Jr. The Court, having considered the Stipulation regarding Advancing the Hernandez Scheduling Conference and for Relief from Central District Local Rule 23- 3 #32 , IT IS HEREBY ORDERED AS FOLLOWS: The Scheduling Conference in this Action shall be advanced to November 3, 2017, to be heard at the same time as the Scheduling Conference in Hamilton; Plaintiffs counsel agrees to coordinate or consolidate the Action with the Hamilton case, and will reach a decision regarding coordination or consolidation within 10 days of the filing of this Stipulation; The requirements of Central District Local Rule 23-3 shall be stayed, and the hearing date and briefing schedule for Plaintiff's anticipated motion for class certification shall be finally set at the Scheduling Conference to permit the Parties to inform the Court of their respective proposals in the Joint Rule 26(f) Report. (iv)
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| Filing 32 Joint STIPULATION to Continue scheduling conference from 3/2/18 to 11/3/17, Joint STIPULATION for Relief from local rule 23-3 filed by plaintiff Alyssa Hernandez. (Attachments: #1 Proposed Order)(Mankin, Brian) |
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Filing 31
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/2/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 30 ANSWER to Amended Complaint/Petition #29 Answer to Second Amended Complaint filed by Defendant Wal-Mart Associates, Inc..(Sweeney, Paul) |
| Filing 29 SECOND AMENDED COMPLAINT against DEFENDANT All Defendants amending Complaint - (Discovery), Amended Complaint/Petition #21 , filed by plaintiff Alyssa Hernandez(Mankin, Brian) |
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Filing 28
ORDER ON STIPULATION TO ALLOW PLAINTIFF TO FILE SECOND AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #27 , IT IS ORDERED that the Plaintiff shall file the Second Amended Complaint immediately. (gk)
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| Filing 27 STIPULATION to amend Amended Complaint/Petition #21 filed by plaintiff Alyssa Hernandez. (Attachments: #1 Proposed Order)(Mankin, Brian) |
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Filing 26
ORDER ON STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #25 , IT IS HEREBY ORDERED that Defendant's time to respond to Plaintiff's First Amended Complaint #21 is extended to 09/29/2017. (gk)
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| Filing 25 STIPULATION Extending Time to Answer the complaint as to Wal-Mart Associates, Inc. answer now due 9/29/2017, re Amended Complaint/Petition #21 filed by Defendant Wal-Mart Associates, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Sweeney, Paul) |
| Filing 24 NOTICE of Related Case(s) filed by defendant Wal-Mart Associates, Inc.. Related Case(s): 5:17-cv-1415 AB (KKx) (C.D. Cal.); 5:17-cv-00062-LHK (N.D. Cal.); 2:2017-cv-05630 (C.D. Cal) (Sweeney, Paul) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice > Related Case(s). 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. (rn) |
| Filing 22 NOTICE of Interested Parties filed by plaintiff Alyssa Hernandez, identifying Wal-Mart Associates, Inc.. (Mankin, Brian) |
| Filing 21 First AMENDED COMPLAINT against Defendant Wal-Mart Associates, Inc. amending Complaint - (Discovery), filed by plaintiff Alyssa Hernandez(Mankin, Brian) |
| Filing 20 NOTICE of Pendency of Other Action or Proceeding filed by defendant Wal-Mart Associates, Inc.. (Sweeney, Paul) |
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Filing 19
(IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. This matter has been transferred to the calendar of Judge Andre Birotte Jr. The Scheduling Conference previously set before Judge Stephen V. Wilson, is hereby vacated. This Court will issue its own order setting scheduling conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 18
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 5:17-cv-01415 AB(KKx). Case transferred from Magistrate Judge Steve Kim and Judge Stephen V. Wilson to Judge Andre Birotte Jr and Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-01485 AB(KKx). Signed by Judge Andre Birotte Jr (rn)
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| Filing 17 ANSWER to Complaint - (Discovery) filed by Defendant Wal-Mart Associates, Inc..(Sweeney, Paul) |
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Filing 16
ORDER by Judge Stephen V. Wilson: granting #10 Non-Resident Attorney Patrick M. Madden APPLICATION to Appear Pro Hac Vice on behalf of defendant Wal-Mart Associates Inc, designating Paul W. Sweeney, Jr. as local counsel. (mrgo)
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Filing 15
ORDER by Judge Stephen V. Wilson: Granting #9 Non-Resident Attorney Roman D. Hernandez APPLICATION to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Associates, Inc., designating Paul W. Sweeney, Jr. as local counsel. (bm)
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Filing 14
ORDER SETTING INITIAL STATUS CONFERENCE for 8/28/2017 at 03:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 13
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Patrick M. Madden to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Associates, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20269687) #10 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) |
| Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Roman D. Hernandez to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Associates, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20269484) #9 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt) |
| Filing 10 APPLICATION of Non-Resident Attorney Patrick M. Madden to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Associates, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20269687) filed by Defendant Wal-Mart Associates, Inc.. (Attachment s: #1 Proposed Order) (Sweeney, Paul) |
| Filing 9 APPLICATION of Non-Resident Attorney Roman D. Hernandez to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Associates, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20269484) filed by Defendant Wal-Mart Associates, Inc.. (Attachmen ts: #1 Proposed Order) (Sweeney, Paul) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Roman D Hernandez. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patrick M Madden. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Steve Kim for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Stephen V. Wilson. The case number on all documents filed with the Court in this case should read as follows: 2:17-cv-1485 SVW (SKx). (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Wal-Mart Associates, Inc. Jury Demanded, filed by Plaintiff Alyssa Hernandez. Filed in State Court on 7/26/17 Submitted with Attachment 1 to Notice of Removal (car) |
| Filing 4 PROOF OF SERVICE filed by Defendant Wal-Mart Associates, Inc., re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 served on 7/26/17. (Sweeney, Paul) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Wal-Mart Associates, Inc., (Sweeney, Paul) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wal-Mart Associates, Inc.. (Sweeney, Paul) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1710945 Receipt No: 0973-20244750 - Fee: $400, filed by Defendant Wal-Mart Associates, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Notice to State Court, #3 Declaration of John Bigan in Support of Notice of Removal) (Attorney Paul W Sweeney, Jr added to party Wal-Mart Associates, Inc.(pty:dft))(Sweeney, Paul) |
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