Vanessa Cortes et al v. XPO Logistics Freight, Inc. et al
| Vanessa Cortes and Marlena McGowan |
| XPO Logistics Worldwide, Inc., XPO Logistics, Inc., XPO Logistics Freight, Inc., XPO ENTERPRISE SERVICES, INC., Does 1 through 100, inclusive, XPO Logistics Supply Chain, Inc. and Doe |
| 5:2019cv01165 |
| June 24, 2019 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Sheri Pym |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.
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Filing 35
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation of Dismissal [FRCP 41(a)(1)(A)(i)] #33 . (Made JS-6. Case Terminated.) See Order for specifics. (jp)
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| Filing 34 Notice of Electronic Filing re Stipulation to Dismiss Case #33 e-mailed to Zaher Lopez at zlopez@seyfarth.com bounced due to No longer with the firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 33 Joint STIPULATION to Dismiss Case pursuant to FED.R.CIV. P. 41(a)(1)(A)(i) filed by Plaintiff Vanessa Cortes. (Attachments: #1 Proposed Order)(Bradley, Marcus) |
| Filing 32 PROOF OF SERVICE filed by Plaintiffs Vanessa Cortes, Marlena McGowan, of Initial Disclosures served on January 23, 2020. (Bradley, Marcus) |
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Filing 31
ORDER by Judge Dale S. Fischer GRANTING Continuance of June 2, 2020 Motion for Class Certification and Related Briefing Deadlines #28 . (SEE ORDER FOR SPECIFICS). (jp)
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Filing 30
ORDER by Judge Dale S. Fischer GRANTING Stipulation for Leave to Add Defendant #27 XPO Logistics Supply Chain, Inc., 28 USC section 1447. (SEE ORDER FOR SPECIFICS). (jp)
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Filing 29
ORDER by Judge Dale S. Fischer GRANTING The Dismissal of Defendants XPO Enterprise Services, Inc., XPO Logistics, Inc., and XPO Logistics Worldwide, Inc #26 . (SEE ORDER FOR SPECIFICS). (jp) Modified on 1/14/2020 (jp).
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| Filing 28 STIPULATION to Continue MOTION FOR CLASS CERTIFICATION from JUNE 2, 2020 to NOVEMBER 2, 2020 filed by Plaintiffs Vanessa Cortes, Marlena McGowan. (Attachments: #1 Declaration DECLARATION OF MARCUS J. BRADLEY IN SUPPORT OF CONTINUANCE TO CLASS CERTIFICATION AND RELATED BRIEFING DEADLINES, #2 Proposed Order [PROPOSED] ORDER GRANTING CONTINUANCE OF JUNE 2, 2020 MOTION FOR CLASS CERTIFICATION AND RELATED BRIEFING DEADLINES)(Bradley, Marcus) |
| Filing 27 STIPULATION for Leave to Add Defendant XPO Logistics Supply Chain, Inc. filed by Plaintiffs Vanessa Cortes, Marlena McGowan. (Attachments: #1 Proposed Order Proposed Order to Add Defendant Party)(Bradley, Marcus) |
| Filing 26 STIPULATION to Dismiss Defendant XPO Enterprise Services, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc. filed by Plaintiffs Vanessa Cortes, Marlena McGowan. (Attachments: #1 Proposed Order Proposed Order to Dismiss Defendant Parties)(Bradley, Marcus) |
| Filing 25 DECLARATION of Marcus J. Bradley Regarding Scheduling Conference filed by Plaintiffs Vanessa Cortes, Marlena McGowan. (Grombacher, Kiley) |
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Filing 23
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 2/23/21. (rfi)
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Filing 22
ORDER RE JURY TRIAL by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 4/19/2021 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 5/18/2021 at 08:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 24 SCHEDULING CONFERENCE (Held and Completed) before Judge Dale S. Fischer. (See Order re Trial for specific dates and times.) Court Reporter: Pat Cuneo. (jp) |
| Filing 21 NOTICE of Errata Re. Plaintiff's Joint Rule 26(F) Report-Exhibit A filed by Plaintiff Vanessa Cortes, Marlena McGowan. (Grombacher, Kiley) |
| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days (if individual) 2-3 weeks (if class), filed by Plaintiffs Vanessa Cortes, Marlena McGowan.. (Grombacher, Kiley) |
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Filing 19
ORDER Setting Briefing Schedule re Class Certification by Judge Dale S. Fischer, that: (1) The Clerk of the Court shall reserve the date of 6/2/2020 for the Motion for Class Certification; (2) Counsel for Plaintiffs shall file moving papers on or before 3/31/2020; (3) Defense counsel shall file any opposition papers on or before 4/28/2020; and (4) Plaintiff shall file any reply papers on or before 5/12/2020. (jp)
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| Filing 18 THE PARTIES [PROPOSED] BRIEFING SCHEDULE REGARDING CLASS CERTIFICATION filed by Plaintiff Vanessa Cortes (Bradley, Marcus) |
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Filing 17
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Extend Local Rule 23-3 Deadline to File Motion for Class Certification #16 . (SEE ORDER FOR SPECIFICS). (jp)
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| Filing 16 STIPULATION to Waive Rule 23-3 Deadline for Filing Motion for Class Certification filed by Plaintiff Vanessa Cortes. (Attachments: #1 Proposed Order Granting Extention to Local Rule 23-3 Deadline to Filie Motion for Class Certification)(Bradley, Marcus) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 11/25/2019 at 11:00 AM before Judge Dale S. Fischer. (pg)
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| Filing 14 ANSWER to Amended Complaint/Petition #13 Defendants' Answer to Plaintiff's First Amended Complaint filed by Defendants XPO Enterprise Services, Inc., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc..(Jacobson, David) |
| Filing 13 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiffs Vanessa Cortes, Marlena McGowan(Bradley, Marcus) |
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge John A. Kronstadt, for the reasons set forth on this order. Related Case No. 5:19-cv-01095 JAK(SPx) (rn)
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| Filing 11 AMENDED DOCUMENT filed by Defendants XPO Enterprise Services, Inc., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc.. Amendment to Notice of Related Case(s) #5 (Lopez, Zaher) |
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Filing 10
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 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym 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-01165 DSF (SPx). (car) |
| Filing 7 STIPULATION for Extension of Time to File Response filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc..(Jacobson, David) |
| Filing 6 NOTICE Defendants' Notice of Compliance with 28 U.S.C. section 1446(d) filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc.. (Jacobson, David) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 100, inclusive, XPO Enterprise Services, Inc., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc. Jury Demanded, filed by plaintiffs Vanessa Cortes, Marlena McGowan. Filed in State Court on 4/29/19 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 5 NOTICE of Related Case(s) filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc.. Related Case(s): 5:19-cv-01095-JAK (SPx) (Jacobson, David) |
| Filing 4 NOTICE of Interested Parties filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc., identifying XPO Logistics Freight, Inc.; XPO Enterprise Services, Inc.; XPO Logistics, Inc.; XPO Worldwide, Inc.; Marlena McGowan; Vanessa Cortes. (Jacobson, David) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc. identifying XPO Logistics, Inc. as Corporate Parent. (Jacobson, David) |
| Filing 2 CIVIL COVER SHEET filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc., XPO Logistics, Inc.. (Jacobson, David) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1902668 Receipt No: 0973-23973464 - Fee: $400, filed by Defendants XPO ENTERPRISE SERVICES, INC., XPO Logistics, Inc., XPO Logistics Freight, Inc., XPO Logistics Worldwide, Inc.. (Attachments: #1 Exhibit 1, #2 Declaration of Zaher Lopez in Support of Defendants' Notice of Removal of Civil Action to United States District Court, #3 Proof of Service of Defendants' Notice of Removal) (Attorney David D Jacobson added to party XPO ENTERPRISE SERVICES, INC.(pty:dft), Attorney David D Jacobson added to party XPO Logistics Freight, Inc.(pty:dft), Attorney David D Jacobson added to party XPO Logistics Worldwide, Inc.(pty:dft), Attorney David D Jacobson added to party XPO Logistics, Inc.(pty:dft))(Jacobson, David) |
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