Michael Fitchett v. McLane Company, Inc. et al
| Michael Fitchett |
| McLane Company, Inc., Does 1 through 50, inclusive, Meadowbrook Meat Company, Inc. and McLane Foodservice Distribution, Inc. |
| 5:2019cv00023 |
| January 4, 2019 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Shashi H Kewalramani |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.
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Filing 31
ORDER GRANTING REQUEST FOR DISMISSAL by Judge Philip S. Gutierrez, re Declaration, #30 : IT IS HEREBY ORDERED as follows: 1. Plaintiff Michael Fitchett's ("Plaintiff") Request for Dismissal is GRANTED. 2. Plaintiff's claims against Defendants are hereby dismissed with prejudice as to himself only and without prejudice as to the remaining putative class members. (Made JS-6. Case Terminated.) (bm)
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| Filing 30 DECLARATION of Matthew J. Matern In Support of Request for Dismissal of All Claims with Prejudice as to Plaintiff Michael Fitchett Only and Without Prejudice as to the Remaining Putative Class Members filed by Plaintiff Michael Fitchett. (Attachments: #1 Proposed Order)(Matern, Matthew) |
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 3/16/2020 at 02:00 PM. (wm)
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| Filing 28 ANSWER to Amended Complaint/Petition #15 filed by Defendant McLane Foodservice Distribution, Inc., Meadowbrook Meat Company, Inc..(Kane, Matthew) |
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Filing 27
MINUTE ORDER IN CHAMBERS The Court GRANTS in part and DENIES in part Defendant's motion by Judge Philip S. Gutierrez re: NOTICE OF MOTION AND MOTION to Dismiss Case #21 : For the foregoing reasons, the Court DENIES Defendant's motion to dismiss. Defendant's motion to strike Plaintiff's prayer for injunctive relief is GRANTED, while its motion to strike the prayer for attorneys' fees is DENIED. Further, the unnamed Doe Defendants in this case are DISMISSED. (see document for further details) (bm)
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| Filing 26 SCHEDULING NOTICE by Judge Philip S. Gutierrez - Defendants Motion to Dismiss and/or Strike Plaintiffs First Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) scheduled for 6/10/19 at 1:30 pm is hereby taken off calendar and under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kr) TEXT ONLY ENTRY |
| Filing 25 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #21 DEFENDANT MEADOWBROOK MEAT COMPANY, INC. N/K/A McLANE FOODSERVICE DISTRIBUTION, INC.S RESPONSE TO PLAINTIFFS EVIDENTIARY OBJECTIONS TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendant McLane Foodservice Distribution, Inc.. (Kane, Matthew) |
| Filing 24 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #21 DEFENDANT MEADOWBROOK MEAT COMPANY, INC. N/K/A McLANE FOODSERVICE DISTRIBUTION, INC.S REPLY IN SUPPORT OF MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendant McLane Foodservice Distribution, Inc.. (Kane, Matthew) |
| Filing 23 OBJECTION TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT re: NOTICE OF MOTION AND MOTION to Dismiss Case #21 filed by Plaintiff Michael Fitchett. (Matern, Matthew) |
| Filing 22 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #21 filed by Plaintiff Michael Fitchett. (Attachments: #1 Proposed Order DENYING DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT, #2 Proposed Order RE PLAINTIFF MICHAEL FITCHETTS EVIDENTIARY OBJECTIONS TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT)(Matern, Matthew) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant McLane Foodservice Distribution, Inc., Meadowbrook Meat Company, Inc.. Motion set for hearing on 6/10/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Kane, Matthew) |
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Filing 20
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #19 , by Judge Philip S. Gutierrez: the Stipulation shall be and hereby is GRANTED as follows: 1. Defendant MBM/MFSD's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's FAC in this action shall be and hereby is extended by two weeks to and including April 11, 2019; and 2. By entering into this Stipulation, the Parties do not waive and expressly reserve all claims, defenses, and challenges in this action, including, without limitation, with respect to MBM/MFSD's defenses and challenges to Plaintiff's action. (bm)
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| Filing 19 STIPULATION Extending Time to Answer the complaint as to Meadowbrook Meat Company, Inc. answer now due 4/11/2019; McLane Foodservice Distribution, Inc. answer now due 4/11/2019, re Amended Complaint/Petition #15 filed by Defendant Meadowbrook Meat Company, Inc.; McLane Foodservice Distribution, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
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Filing 18
ORDER GRANTING J INT STIPULATION: (1) DISMISSING DEFENDANT McLANE COMPANY, INC.; (2) WITHDRAWING DEFENDANTS' PENDING MOTIONS TO DISMISS; AND (3) SETTING DEFENDANT MEADOWBROOK MEAT COMPANY, INC. n/k/a McLANE FOODSERVICE DISTRIBUTION, INC.'S DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Philip S. Gutierrez, re Stipulation #17 : the Stipulation shall be and hereby is GRANTED as follows: 1. Specially Appearing Defendant McLane Company, Inc. ("MCI") shall be and hereby is,dismissed from this action without prejudice and its Motion to Dismiss Plaintiff s Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) for Lack of Personal Jurisdiction [Dkt. # 10] shall be and hereby is deemed withdrawn without prejudice; 2. Defendant MBM/MFSD's Motion to Dismiss and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(fl [Dkt. no. 11 ], in which MCI has protectively joined, shall be and hereby is deemed withdrawn without prejudice; 3. The hearings on the above-described Motions to Dismiss, scheduled for March 25, 2019, shall be and hereby are vacated; 4. Defendant MBM/MFSD shall have twenty-one (21) days after entry of this Order to file a response to Plaintiff s First Amended Complaint [Dkt. no. 15] by answer, motion, or otherwise; and 5. By entering into the Stipulation and the entry of this Order, the Plaintiff and Defendants do not waive and expressly reserve all claims, defenses and challenges in this action including, without limitation, with respect to the exercise of personal jurisdiction over MCI and Plaintiff's First Amended Complaint. (bm)
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| Filing 17 Joint STIPULATION to Dismiss Defendant McLane Company, Inc. filed by Defendants Meadowbrook Meat Company, Inc., McLane Foodservice Distribution, Inc., McLane Company, Inc.. (Attachments: #1 Proposed Order (1) Dismissing Specially Appearing Defendant McLane Company, Inc.; (2) Withdrawing Defendants' Pending Motions to Dismiss; and (3) Setting Defendant Meadowbrook Meat Co., Inc. n/k/a McLane FoodService Distribution, Inc.'s Deadline to Respond to First Amended Complaint)(Attorney Matthew Charles Kane added to party McLane Foodservice Distribution, Inc.(pty:dft))(Kane, Matthew) |
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Filing 16
ORDER GRANTING JOINT STIPULATION TO CONTINUE L.R. 23-3 DEADLINE by Judge Philip S. Gutierrez, re Stipulation to Continue, #14 (bm)
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| Filing 15 FIRST AMENDED COMPLAINT against Defendants Does, Meadowbrook Meat Company, Inc., McLane Foodservice Distribution, Inc. amending Complaint - (Discovery),, filed by Plaintiff Michael Fitchett(Matern, Matthew) |
| Filing 14 Joint STIPULATION to Continue LR 23.3 Deadline from No Date Set to 90 Days from the date on which the Scheduling Conference takes place filed by Defendants McLane Company, Inc., Meadowbrook Meat Company, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss Case And/or Strike Plaintiff's Complaint #11 by Judge Philip S. Gutierrez. The document is accepted as filed. (wm) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss and Strike, Request for Judicial Notice #11 . The following error(s) was/were found: A Request for Judicial Notice should be e-filed as a separate, stand-alone document from the Motion to Dismiss 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. (bm) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case And/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant Meadowbrook Meat Company, Inc.. Motion set for hearing on 3/25/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Exhibit B to Request for Judicial Notice, #3 Exhibit C to Request for Judicial Notice, #4 Exhibit D to Request for Judicial Notice, #5 Exhibit E to Request for Judicial Notice, #6 Exhibit F to Request for Judicial Notice, #7 Exhibit 1 to DecL. of MCK, #8 Exhibit 2 to DecL. of MCK, #9 Exhibit 3 to DecL. of MCK, #10 Proposed Order) (Kane, Matthew) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(2) For Lack of Personal Jurisdiction filed by Defendant McLane Company, Inc.. Motion set for hearing on 3/25/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1 to MCK Declaration, #2 Exhibit 2 to MCK Declaration, #3 Exhibit 3 to MCK Declaration, #4 Declaration of Kevin Koch, #5 Declaration of Stephanie McAtee, #6 Declaration of Brad Kimbrough, #7 Declaration of Vince Hernandez, #8 Proposed Order) (Kane, Matthew) |
| Filing 9 NOTICE of Interested Parties filed by Plaintiff Michael Fitchett, (Matern, Matthew) |
| Filing 8 Joint STIPULATION Extending Time to Answer the complaint as to Meadowbrook Meat Company, Inc. answer now due 2/1/2019; McLane Company, Inc. answer now due 2/1/2019, re Complaint - (Discovery), filed by Defendants Meadowbrook Meat Company, Inc.; McLane Company, Inc..(Kane, Matthew) |
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Filing 7
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| 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 Shashi H. Kewalramani for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Philip S. Gutierrez. The case number on all documents filed with the Court in this case should read as follows: 5:19-cv-00023 PSG (SHKx). (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, McLane Company, Inc., Meadowbrook Meat Company, Inc. Jury Demanded., filed by plaintiff Michael Fitchett. (FILED IN STATE COURT ON 10/17/2018 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants McLane Company, Inc., Meadowbrook Meat Company, Inc.. Related Case(s): NONE (Kane, Matthew) |
| Filing 3 Defendants' NOTICE of Interested Parties identifying Michael Fitchett, Plaintiff; Meadowbrook Meat Company, Inc. n/k/a McLane Foodservice Distribution, Inc., Defendant; McLane Company, Inc., Defendant and Corporate Parent of Meadowbrook Meat Company, Inc.; Berkshire Hathaway Inc., Corporate Parent of McLane Company, Inc.. (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendants McLane Company, Inc., Meadowbrook Meat Company, Inc.. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1827482 Receipt No: 0973-22990012 - Fee: $400, filed by Defendants Meadowbrook Meat Company, Inc., McLane Company, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons Served on MCI, #3 Exhibit C - Summons and Complaint Served upon MBM by Mail, #4 Exhibit D - Civil Case Cover Sheet, #5 Exhibit E - Certificate of Assignment, #6 Exhibit F - Notice of Case Assignment for All Purposes; Notice of Case Management Conference, #7 Exhibit G - Notice of Posting Jury Fees, #8 Exhibit H - Plaintiff Michael Fitchett's Case Management Statement, #9 Exhibit I - Minute Order Re Complex Case Management Conference, #10 Exhibit J - Notice of Return of Document(s)) (Attorney Matthew Charles Kane added to party McLane Company, Inc.(pty:dft), Attorney Matthew Charles Kane added to party Meadowbrook Meat Company, Inc.(pty:dft))(Kane, Matthew) |
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