Marc Rivera v. Western Express, Inc. et al
Plaintiff: Marc Lawrance Rivera
Defendant: DOES 1 through 100, Inclusive,, Western Express, Inc. which will do business in California as Western Express Transport of California, Inc., Western Express, Inc. a Tennessee Corporation Erroneously Sued As Western Express Inc, a Tennessee Corporation dba Western Express Transport of California Inc doing business as Western Express Transport of California Inc doing business as Western Exp and Does 1 through 100, inclusive
Case Number: 5:2018cv00697
Filed: April 4, 2018
Court: US District Court for the Central District of California
Presiding Judge: Jesus G Bernal
Referring Judge: Shashi H Kewalramani
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 Filing 32 JUDGMENT by Judge Jesus G. Bernal. Plaintiff Marc Rivera's complaint against Defendants is DISMISSED. Judgment is entered in favor or Defendants. Related to: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #28 . MD JS-6, Case Terminated. (twdb)
October 18, 2019 Filing 31 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Defendants Motion for Summary Judgment (Dkt. No. #28 ); and (2) VACATING the October 21, 2019 hearing. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
September 16, 2019 Filing 30 REPLY In Support of Defendant's Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #28 Reply Brief filed by Defendant Western Express, Inc.. (Attachments: #1 Defendant's Statement of Genuine Disputes Regarding Plaintiff's Additional Proffered Facts, #2 Defendant's Objections to Plaintiff's Evidence Opposing Motion for Summary Judgment)(Marca, Richard)
September 9, 2019 Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #28 filed by Plaintiff Marc Lawrance Rivera. (Attachments: #1 Statement of Genuine Disputes of Material Fact and Plaintiff's Additional Disputed Facts, #2 Objections to Evidence, #3 Declaration of J. Jason Hill, #4 Notice of Lodgment of Exhibits, #5 Proposed Order Denying Motion for Summary Judgment, #6 Declaration of Service)(Hill, James)
August 16, 2019 Filing 28 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by Defendant Western Express, Inc.. Motion set for hearing on 10/21/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum of Points and Authorities, #2 Unredacted Document Statement of Undisputed Facts, #3 Affidavit of Bryan Riddle, #4 Exhibit to Affidavit of Bryan Riddle, #5 Exhibit to Affidavit of Bryan Riddle, #6 Exhibit to Affidavit of Bryan Riddle, #7 Exhibit to Affidavit of Bryan Riddle, #8 Exhibit to Affidavit of Bryan Riddle, #9 Exhibit to Affidavit of Bryan Riddle, #10 Exhibit to Affidavit of Bryan Riddle, #11 Exhibit to Affidavit of Bryan Riddle, #12 Exhibit to Affidavit of Bryan Riddle, #13 Declaration of Clarence Easterday, #14 Exhibit to Declaration of Clarence Easterday, #15 Exhibit to Declaration of Clarence Easterday, #16 Exhibit to Declaration of Clarence Easterday, #17 Exhibit to Declaration of Clarence Easterday, #18 Declaration of Ankit H. Bhakta, #19 Exhibit to Declaration of Ankit H. Bhakta, #20 Exhibit to Declaration of Ankit H. Bhakta, #21 Proposed Order Granting Motion for Summary Judgment, #22 Unredacted Document Proof of Service) (Marca, Richard)
August 6, 2019 Opinion or Order Filing 27 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Continue Hearing on Class Certification and Set Schedule For Dispositive Motion Filings #26 . Defendants MSJ shall be filed on or by Friday, August 16, 2019; SEE DOCUMENT FOR FURTHER INFORMATION. Motion hearing continued to 11/18/2019 at 09:00 AM before Judge Jesus G. Bernal. (twdb)
August 1, 2019 Filing 26 Joint STIPULATION to Continue Hearing on Class Certification from August 26, 2019 to October 16, 2019 filed by Defendant Western Express, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation and Request to Continue Hearing on Class certification and Set Schedule for Dispositive Motion Filings)(Olsen, Jeff)
July 26, 2019 Filing 25 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Marc Lawrance Rivera. Motion set for hearing on 8/26/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Class Certification, #2 Declaration of J. Jason Hill in Support of Plaintiff's Motion for Class Certification, #3 Declaration of Michael D. Singer in Support of Plaintiff's Motion for Class Certification, #4 Declaration of Jonathan M. Lebe in Support of Plaintiff's Motion for Class Certification, #5 Declaration of Marc Rivera in Support of Plaintiff's Motion for Class Certification, #6 Notice of Lodgment of Exhibits in Support of Plaintiff's Motion for Class Certification, #7 Proposed Order Granting Plaintiff's Motion for Class Certification, #8 Declaration of Service) (Hill, James)
May 15, 2019 Opinion or Order Filing 24 ORDER by Judge Jesus G. Bernal, GRANTING Joint Stipulation and Request to Continue All Trial Dates by Approximately 90 Days #23 . The Civil Trial Scheduling Order [Dkt. No. 20] is modified as follows: June 10, 2019 - Expert Disclosure (Initial). June 24, 2019 - Expert Disclosure (Rebuttal). July 11, 2019 - Discovery Cut-Off (Including hearing all discovery motions). August 5, 2019 - Last Date to Conduct Settlement Conference. September 16, 2019 - Dispositive Motion Hearing Cut-Off. October 28, 2019 - Final Pretrial Conference. November 12, 2019 Trial. (es)
May 10, 2019 Filing 23 Joint STIPULATION to Continue All Trial Dates from 8/13/19 to 11/12/19 Re: Pretrial-Trial Scheduling Order - form only, #20 filed by Defendant Western Express, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation and Request to Continue All Trial Dates By Approximately 90 Days)(Olsen, Jeff)
August 15, 2018 Opinion or Order Filing 20 CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 10/15/2018. Discovery cut-off (Last day to hear discovery motions) is 4/8/2019. Dispositive Motions cutoff (last day to hear) is 6/17/2019. Last date to conduct settlement conference is 5/6/2019. Final Pretrial Conference set for 7/29/2019 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 8/13/2019 at 9:00 AM before Judge Jesus G. Bernal. (jlo)
August 13, 2018 Opinion or Order Filing 22 ORDER/REFERRAL to ADR Procedure No 3 by Judge Jesus G. Bernal. 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 5/6/19. (twdb)
August 13, 2018 Filing 21 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. A trial schedule was set. See separate trial scheduling order for more details. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Adele C. Frazier. (twdb)
July 30, 2018 Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Marc Lawrance Rivera.. (Hill, James)
June 7, 2018 Opinion or Order Filing 18 ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 8/13/2018 at 11:00 AM before Judge Jesus G. Bernal. (ima)
June 1, 2018 Filing 17 ANSWER to Amended Complaint/Petition #9 filed by Defendant Western Express, Inc..(Marca, Richard)
May 3, 2018 Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Defendant Western Express, Inc. (Marca, Richard)
May 3, 2018 Filing 15 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Western Express, Inc., (Marca, Richard)
May 3, 2018 Filing 14 STIPULATION Extending Time to Answer the complaint as to Western Express, Inc. answer now due 6/3/2018, re Amended Complaint/Petition #9 filed by Defendant Western Express, Inc..(Attorney Richard D Marca added to party Western Express, Inc.(pty:dft))(Marca, Richard)
April 26, 2018 Filing 13 PROOF OF SERVICE Executed by Plaintiff Marc Lawrance Rivera, upon Defendant Western Express, Inc. served on 4/13/2018, answer due 5/4/2018. Service of the Summons and Complaint were executed upon Gabriela Sanchez, Process Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Hill, James)
April 12, 2018 Opinion or Order Filing 12 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
April 9, 2018 Filing 11 21 DAY Summons Issued Re First Amended Complaint/Petition #9 as to defendant Western Express Inc. (ad)
April 6, 2018 Filing 10 Request for Clerk to Issue Summons on Amended Complaint/Petition #9 filed by Plaintiff Marc Lawrance Rivera. (Hill, James)
April 6, 2018 Filing 9 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Marc Lawrance Rivera (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hill, James)
April 5, 2018 Filing 8 CORRECTED NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Subpoena Request (AO 88) #3 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. Use wrong event. The Correct event Summons Request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et)
April 5, 2018 Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Subpoena Request (AO 88) #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. Use Wrong event. The Correct event Summons Request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et)
April 5, 2018 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
April 5, 2018 Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani. (et)
April 4, 2018 Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Marc Lawrance Rivera, (Hill, James)
April 4, 2018 Filing 3 Request for Clerk to Issue Subpoena filed by Plaintiff Marc Lawrance Rivera. (Hill, James)
April 4, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Marc Lawrance Rivera. (Hill, James)
April 4, 2018 Filing 1 COMPLAINT Receipt No: 0973-21529334 - Fee: $400, filed by Plaintiff Marc Lawrance Rivera. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Attorney James Jason Hill added to party Marc Lawrance Rivera(pty:pla))(Hill, James)

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Defendant: DOES 1 through 100, Inclusive,
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Defendant: Western Express, Inc. which will do business in California as Western Express Transport of California, Inc.
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Defendant: Western Express, Inc. a Tennessee Corporation Erroneously Sued As Western Express Inc, a Tennessee Corporation dba Western Express Transport of California Inc doing business as Western Express Transport of California Inc doing business as Western Exp
Represented By: Ankit H Bhakta
Represented By: Jeff T Olsen
Represented By: Richard D Marca
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Defendant: Does 1 through 100, inclusive
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Plaintiff: Marc Lawrance Rivera
Represented By: James Jason Hill
Represented By: Jonathan M Lebe
Represented By: Michael D Singer
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