Eric Ruberson et al v. Gerdau Reinforcing Steel et al
| Kristina Ruberson and Eric Ruberson |
| Commercial Metals Company, Gerdau Reinforcing Steel, Gerdau Ameristeel US, Gerdau Ameristeel US, Inc., Does 1 through 20, inclusive and CMC Rebar West |
| Elliot K Gordon |
| 5:2019cv01553 |
| August 19, 2019 |
| US District Court for the Central District of California |
| Alka Sagar |
| Josephine L Staton |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 NOTICE OF MOTION AND MOTION to Strike PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT MISC - Other Miscellaneous Case #36 filed by Defendant CMC Rebar West. Motion set for hearing on 8/14/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alyssa Gjedsted, #3 Proposed Order) (Gjedsted, Alyssa) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS THIRD AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM filed by Defendant CMC Rebar West. Motion set for hearing on 8/14/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alyssa Gjedsted, #3 Proposed Order) (Gjedsted, Alyssa) |
| Filing 36 AMENDED COMPLAINT with filing fee previously paid, filed by plaintiff Eric Ruberson, Kristina Ruberson.(Fakhimi, Houman) |
Filing 35
ORDER EXTENDING TIME ORDER AMENDING SCHEDULING ORDER #34 by Judge Josephine L. Staton that Defendant's deadline to answer or otherwise respond to the sole cause of action remaining in the Second Amended Complaint is EXTENDED until 5/15/2020. Final Pretrial Conference is continued to 1/15/2021 at 10:30 AM. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
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| Filing 34 Joint STIPULATION to Continue DEFENDANTS DEADLINE FOR A RESPONSIVE PLEADING AND CONTINUANCE OF FINAL PRE-TRIAL CONFERENCE AND ALL RELATED DATES from 04/24/20 to fourteen (14) days from the filing and service of Plaintiffs Third Amended Complaint; and Trial is continued ninety (90) to one-hundred twenty (120) days filed by Defendant CMC Rebar West. (Attachments: #1 Proposed Order)(Gjedsted, Alyssa) |
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Filing 33
MINUTES (IN CHAMBERS) ORDER GRANTING in PART and DENYING in PART Defendant's Motion to Dismiss (DOC. #25 ) by Judge Josephine L. Staton: Defendant's Motion to Dismiss is GRANTED as to Plaintiffs' FEHA and UCL claims, which are DISMISSED WITHOUT LEAVE TO AMEND, and GRANTED as to Plaintiffs' breach of contract claim, which is DISMISSED WITH LEAVE TO AMEND. Defendant's Motion to Dismiss is DENIED as to Plaintiffs' tortious discharge in violation of public policy claim. Any amended complaint must be filed no later than twenty-one (21) days from the date of this Order, and Plaintiffs may not add any claims or defendants. (jp)
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| Filing 32 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Elliot K Gordon has been assigned to serve as Panel Mediator. (mb) |
| Filing 31 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Elliot Gordon may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 6/30/2020 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Defendant CMC Rebar West(Gjedsted, Alyssa) |
| Filing 30 MINUTES (IN CHAMBERS) by Judge Josephine L. Staton: ORDER TAKING MOTION TO DISMISS UNDER SUBMISSION (Doc. #25 ). Accordingly, the hearing set for March 20, 2020, at 10:30 a.m., is VACATED, and the Court takes the matter UNDER SUBMISSION. (twdb) |
| Filing 29 NOTICE OF LODGING filed [Proposed] Order Granting Defendant's Request For Judicial Notice re NOTICE OF MOTION AND MOTION to Dismiss Case #25 (Attachments: #1 Proposed Order)(Gjedsted, Alyssa) |
| Filing 28 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant CMC Rebar West. (Gjedsted, Alyssa) |
| Filing 27 Opposition to Motion to Dismiss Opposition to Motion to dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiffs Eric Ruberson, Kristina Ruberson. (Attachments: #1 Declaration Dec in support of opposition to Motion to dismiss-Exhibits)(Fakhimi, Houman) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant CMC Rebar West #25 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Proposed Document was not submitted as separate attachment. Other error(s) with document(s): (3) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant CMC Rebar West. Motion set for hearing on 3/20/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM, #2 Declaration DECLARATION OF ALYSSA S. GJEDSTED IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, #3 Supplement REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS) (Attorney Alyssa S Gjedsted added to party CMC Rebar West(pty:dft)) (Gjedsted, Alyssa) |
| Filing 24 Second AMENDED COMPLAINT against Plaintiff All Plaintiffs amending Amended Complaint,, filed by plaintiff Eric Ruberson, Kristina Ruberson(Fakhimi, Houman) |
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Filing 23
ORDER RE STIPULATION #22 by Judge Josephine L. Staton. Accordingly, the Court grants leave to Plaintiff to serve and file a Second Amended Complaint (SAC) naming only CMC Rebar West. Within twenty days of the entry of this Order, Plaintiff shall serve and file the SAC in accordance with Local Rules 15-1 to 15-3. Upon its filing, the SAC will supersede the operative Amended Complaint, effecting a dismissal without prejudice as to any defendants not named in the SAC, thus making the filing of a notice of dismissal of current Defendants unnecessary. The parties also seek an order that an Answer to the Amended Complaint filed by CMC Rebar Wests predecessor Gerdau Reinforcing Steel be deemed as the Answer to the SAC. The Court denies this request for relief. Upon service and filing of the SAC, CMC Rebar West shall answer or otherwise respond in the time period specified by the Federal Rules of Civil Procedure and the Courts Local Rules. (lom)
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| Filing 22 Joint STIPULATION to Dismiss Defendant Gerdau Ameristeel US, Inc. filed by Defendants Gerdau Ameristeel US, Inc., Commercial Metals Company. (Attachments: #1 Proposed Order [Proposed] Order Dismissing Defendants and Substituting CMC Rebar West as Defendant)(Attorney Alyssa S Gjedsted added to party Commercial Metals Company(pty:dft))(Gjedsted, Alyssa) |
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Filing 21
ORDER/REFERRAL to ADR Procedure No. 2 by Judge Josephine L. Staton. Case is ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than July, 24, 2020. (tg)
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| Filing 20 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
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Filing 19
MINUTE ORDER (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing October 18, 2019, is VACATED and the following schedule is set. The Court will set a trial date and an exhibit conference date at the Final Pretrial Conference. Last Day to File a Motion to Add Parties and Amend Pleadings: December 10, 2019; Fact Discovery Cut-off: May 22, 2020; Last Day to File Motions (excluding Daubert Motions and all other Motions in Limine): June 5, 2020; Last Day to Serve Initial Expert Reports: June 5, 2020; Last Day to Serve Rebuttal Expert Reports: July 2, 2020; Last Day to Conduct Settlement Proceedings: July 24, 2020; Expert Discovery Cut-off: July 31, 2020; Last Day to File Daubert Motions: August 7, 2020; Last Day to File Motions in Limine (excluding Daubert motions): August 28, 2020; Final Pretrial Conference (10:30 a.m.): September 25, 2020; Preliminary Trial Estimate: 5-7 days. (bm)
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| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-14, filed by Plaintiffs Eric Ruberson, Kristina Ruberson.. (Fakhimi, Houman) |
| Filing 17 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 , Initial Order upon Filing of Complaint - form only #14 filed by Defendant Gerdau Ameristeel US, Inc.. (Gjedsted, Alyssa) |
| Filing 16 CERTIFICATE OF SERVICE filed by Defendant Gerdau Ameristeel US, Inc., re Initial Order Setting R26 Scheduling Conference - form only #15 , Initial Order upon Filing of Complaint - form only #14 served on September 3, 2019. (Gjedsted, Alyssa) |
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Filing 15
ORDER SETTING SCHEDULING ORDER by Judge Josephine L. Staton. A Scheduling Conference is set for 10/18/2019 at 10:30 AM. See attached Order for details. (rrp)
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| Filing 14 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (rrp) |
| Filing 13 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Kenly Kiya Kato to Judge Josephine L. Staton for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alka Sagar. The case number will now reflect the initials of the transferee Judges 5:19-cv-01553 JLS(ASx). (rn) |
| Filing 12 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Jimenez, Carlos) |
| Filing 11 ANSWER to Amended Complaint, filed by Defendant Commercial Metals Company.(Attorney David M Lester added to party Commercial Metals Company(pty:dft))(Lester, David) |
| Filing 10 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (dts) |
| Filing 9 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Kenly Kiya Kato. (Attachments: #1 CV-11C Statement of Consent to Proceed) (ghap) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Gerdau Ameristeel US, re Certificate/Notice of Interested Parties #3 , Corporate Disclosure Statement #4 , Request for Judicial Notice #6 , Civil Cover Sheet (CV-71) #2 , Notice (Other) #7 , Notice of Removal (Attorney Civil Case Opening),, #1 , Notice of Related Case(s) #5 served on August 20, 2019. (Jimenez, Carlos) |
| CONFORMED FILED COPY OF AMENDED COMPLAINT against Defendants Commercial Metals Company, Does 1 through 20, inclusive, Gerdau Ameristeel US, Inc., Gerdau Reinforcing Steel amending Complaint - (Discovery),, filed by plaintiffs Eric Ruberson, Kristina Ruberson. (FILED IN STATE COURT ON 7/2/2019 SUBMITTED ATTACHED EXHIBIT 2)(ghap) Modified on 8/21/2019 (ghap). |
| CONFORMED FILED COPY OF ANSWER to Amended Complaint, filed by Defendant Gerdau Ameristeel US, Inc. (FILED IN STATE COURT ON 8/19/2019 SUBMITTED ATTACHED EXHIBIT 4)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Commercial Metals Company, Does 1 through 20, inclusive, Gerdau Ameristeel US, Inc., Gerdau Reinforcing Steel. Jury Demanded., filed by plaintiffs Eric Ruberson, Kristina Ruberson. (FILED IN STATE COURT ON 5/17/2019 SUBMITTED ATTACHED EXHIBIT 1) (ghap) Modified on 8/21/2019 (ghap). |
| Filing 7 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by Defendant Gerdau Ameristeel US. (Jimenez, Carlos) |
| Filing 6 REQUEST FOR JUDICIAL NOTICE filed by Defendant Gerdau Ameristeel US. (Jimenez, Carlos) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant Gerdau Ameristeel US. (Jimenez, Carlos) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Gerdau Ameristeel US (Jimenez, Carlos) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Gerdau Ameristeel US, (Jimenez, Carlos) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Gerdau Ameristeel US. (Jimenez, Carlos) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS1915478 Receipt No: 0973-24289285 - Fee: $400, filed by Defendant Gerdau Ameristeel US. (Attachments: #1 Declaration of Robert Wallace, #2 Declaration of Alyssa S. Gjedsted, #3 Exhibit 1 to Declaration of of Alyssa S. Gjedsted, #4 Exhibit 2 to Declaration of of Alyssa S. Gjedsted, #5 Exhibit 3 to Declaration of of Alyssa S. Gjedsted, #6 Exhibit 4 to Declaration of of Alyssa S. Gjedsted) (Attorney Carlos Jimenez added to party Gerdau Ameristeel US(pty:dft))(Jimenez, Carlos) |
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