David Ponce v. United Natural Foods, Inc. et al
| David Ponce |
| Whole Foods Market California, Inc., United Natural Foods, Inc., Whole Foods Market, Inc. and Does 1 through 25, inclusive |
| 5:2019cv00668 |
| April 12, 2019 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Virginia A Phillips |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2019. A more recent docket listing may be available from PACER.
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Filing 18
ORDER DISMISSING ACTION IN ITS ENTIRETY, WITHOUT PREJUDICE by Judge Virginia A. Phillips, re Stipulation to Dismiss Case #17 : IT IS HEREBY ORDERED AS FOLLOWS: 1. The action is dismissed in its entirety, without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 2. Based on the factors identified in Diaz v. Trust Territory of the Pacific Islands, 876 F.2d 1401 (9th Cir. 1989), the dismissal of class allegations may be, and hereby is, made without notice to the putative class. See Fed. R. Civ. Proc. 23(e). 3. Each party shall bear his or its own attorneys' fees and costs with respect to the dismissal of this action without prejudice. (Made JS-6. Case Terminated.) (bm)
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| Filing 17 STIPULATION to Dismiss Case pursuant to in its entirety without prejudice United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Baltazar, Ashley) |
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Filing 16
ORDER by Judge Virginia A. Phillips: granting #15 Non-Resident Attorney Michael J Puma APPLICATION to Appear Pro Hac Vice on behalf of Defendant United Natural Foods, designating John Battenfeld as local counsel. (bm)
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| Filing 15 APPLICATION of Non-Resident Attorney Michael J. Puma to Appear Pro Hac Vice on behalf of Defendants United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23695533) filed by Defendants United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Battenfeld, John) |
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Filing 14
ORDER TO SHOW CAUSE RE: VENUE by Judge Virginia A. Phillips: On April 24, 2019, this case was transferred to this Court, as it is related to Case No. 5:18-cv-02382 VAP(SHKx), Salvador Guerra v. United Natural Foods, Inc. et al. (Doc. No. 18.) The Guerra case, however, was transferred to the Northern District of California on March 27, 2019, pursuant to the First-to-File Rule. (Guerra Doc. No. 37.) Parties are therefore ORDERED to show cause in writing, not later than May 10, 2019, why this action should not be transferred to the Northern District of California. (bm)
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Filing 13
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:18-cv-02382 VAP(SHKx). Case transferred from Judge Dale S. Fischer to Judge Virginia A. Phillips for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-00668 VAP(SHKx). Signed by Judge Virginia A. Phillips (rn)
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Filing 11
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #10 by Judge Dale S. Fischer. (SEE ORDER FOR SPECIFICS). (jp)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to Whole Foods Market California, Inc. answer now due 5/19/2019; Whole Foods Market, Inc. answer now due 5/19/2019; United Natural Foods, Inc. answer now due 5/19/2019, filed by Defendants Whole Foods Market California, Inc.; Whole Foods Market, Inc.; United Natural Foods, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Initial Complaint by Not More Than 30 Days)(Baltazar, Ashley) |
| Filing 9 CERTIFICATE OF SERVICE filed by Defendants United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #6 , Initial Order upon Filing of Complaint - form only,, #8 served on April 15, 2019. (Baltazar, Ashley) |
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Filing 8
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 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 19-03, this case has been randomly reassigned to District Judge Dale S. Fischer. The case number on all documents filed with the Court in this case should read as follows: 5:19-cv-00668 DSF (SHKx). (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 through 25, inclusive, United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc., Jury Demand, filed by plaintiff David Ponce. (Filed in state court 2/27/19, submitted as document 1, attachment 1) (esa) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc., re Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #4 , Notice of Removal (Attorney Civil Case Opening),,,, #1 served on April 12, 2019. (Baltazar, Ashley) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants Whole Foods Market California, Inc., Whole Foods Market, Inc. identifying Amazon.com as Corporate Parent. (Battenfeld, John) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant United Natural Foods, Inc. (Battenfeld, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendants United Natural Foods, Inc., Whole Foods Market California, Inc., Whole Foods Market, Inc.. (Baltazar, Ashley) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number RIC1901643 Receipt No: 0973-23544230 - Fee: $400, filed by Defendants Whole Foods Market California, Inc., Whole Foods Market, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit A - Summons and Complaint as Served on Defendant WFM, #2 Exhibit B - Summons as served on Defendant WFMC, #3 Exhibit C - Summons as served on Defendant UNFI, #4 Exhibit D - Billington and Cooksey v. UNFI et al., #5 Exhibit E - Cortez v. UNFI et al., #6 Exhibit F - Guerra v. UNFI et al., #7 Declaration of Lynn Kassab in Support of Removal, #8 Declaration of Anne-Marie Mosher in Support of Removal, #9 Declaration of Patricia Yost in Support of Removal) (Attorney Ashley A Baltazar added to party United Natural Foods, Inc.(pty:dft), Attorney Ashley A Baltazar added to party Whole Foods Market California, Inc.(pty:dft), Attorney Ashley A Baltazar added to party Whole Foods Market, Inc.(pty:dft))(Baltazar, Ashley) |
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