Tabita Boian v. Schneider Logistics Transloading and Distribution, Inc.
Plaintiff: Tabita Boian
Defendant: Schneider Logistics Transloading and Distribution, Inc. and Does 1 through 10, inclusive
Case Number: 5:2020cv00109
Filed: January 15, 2020
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Alexander F MacKinnon
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2020 Opinion or Order Filing 28 ORDER GRANTING JOINT STIPULATION REQUESTING VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) #27 by Judge Michael W. Fitzgerald. The case is hereby dismissed in its entirety, and with prejudice as to Plaintiffs individual claims Boian's individual claims against Defendant and without prejudice as to the class and class claims against Defendant. Case Terminated. Made JS-6. (iv)
August 31, 2020 Filing 27 Joint STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii) filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
July 17, 2020 Opinion or Order Filing 26 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT #25 by Judge Michael W. Fitzgerald. The hearing on Defendant's Motion shall be and hereby is continued to September 28, 2020 at 10:00 a.m. Plaintiff's time to file Opposition is continued to September 4, 2020. Defendant's Reply is continued to September 14, 2020. (iv)
July 16, 2020 Filing 25 Joint STIPULATION to Continue Hearing and Briefing Schedule on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint from August 10, 2020 to September 28, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Case SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #22 , Amendment (Motion related), #24 filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
June 30, 2020 Filing 24 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Case SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) #22 ; Hearing Date Changed to August 10, 2020 filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Kim, Sylvia)
June 29, 2020 Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (iv)
June 26, 2020 Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. Motion set for hearing on 8/14/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Beldner, Sabrina)
June 16, 2020 Filing 21 NOTICE OF ERRATA filed by Plaintiff Tabita Boian. correcting Amended Complaint/Petition #20 (Mauro, Gregory)
June 12, 2020 Filing 20 Second AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition #14 , filed by Plaintiff Tabita Boian(Mauro, Gregory)
May 28, 2020 Opinion or Order Filing 19 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE FIRST AMENDED COMPLAINT #15 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend and Paragraph 48 of the FAC is STRICKEN. Plaintiff may file a Second Amended Complaint on or before June 12, 2020. Defendant shall file a response to the SAC by no later than June 26, 2020. (iv)
May 6, 2020 Filing 18 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP) and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION TO DISMISS AND/OR STRIKE #15 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for May 11, 2020 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
April 27, 2020 Filing 17 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #15 filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Kane, Matthew)
April 20, 2020 Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #15 filed by Plaintiff Tabita Boian. (Mauro, Gregory)
March 13, 2020 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. Motion set for hearing on 5/11/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Kane, Matthew)
February 21, 2020 Filing 14 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Tabita Boian(Mauro, Gregory)
February 20, 2020 Opinion or Order Filing 13 ORDER GRANTING JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT AND SETTING DEFENDANT'S RESPONSIVE PLEADING DEADLINE #12 by Judge Michael W. Fitzgerald. Plaintiff will file a FAC within seven (7) days of the entry of this Order. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's FAC will be 21 days from the date on which Plaintiff files her FAC. (iv)
February 20, 2020 Filing 12 Joint STIPULATION for Extension of Time to Amend Complaint - (Discovery), filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to File FAC and Setting Defendant's Responsive Pleading Deadline)(Beldner, Sabrina)
February 11, 2020 Opinion or Order Filing 11 ORDER GRANTING JOINT STIPULATION TO FURTHER CONTINUE DEFENDANT'S RESPONSIVE PLEADING DEADLINE #10 by Judge Michael W. Fitzgerald. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiff's Complaint is extended to and including February 24, 2020. (iv)
February 10, 2020 Filing 10 Joint STIPULATION to Continue Defendant's Responsive Pleading Deadline from February 12, 2020 to February 24, 2020 Re: Complaint - (Discovery), filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
January 28, 2020 Opinion or Order Filing 9 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:19-cv-3981 MWF(AFMx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato to Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-109 MWF(AFMx). Signed by Judge Michael W. Fitzgerald. (ad)
January 23, 2020 Opinion or Order Filing 8 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Continue Defendant's Responsive Pleading Deadline #7 . Extended by 21 days, to and including 2/12/2020. (twdb)
January 17, 2020 Filing 7 Joint STIPULATION Extending Time to Answer the complaint as to Schneider Logistics Transloading and Distribution, Inc. answer now due 2/12/2020, re Complaint - (Discovery), filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
January 16, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
January 16, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (lh)
January 15, 2020 CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does 1 through 50, Schneider Logistics Transloading and Distribution, Inc. Jury Demanded, filed by Plaintiff Tabita Boian. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 10/18/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
January 15, 2020 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Tabita Boian, upon Defendant Schneider Logistics Transloading and Distribution, Inc. served on 12/16/2019, answer due 1/6/2020. Service of the Summons and Complaint were executed upon Gabriela Sanchez, Process Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 12/17/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
January 15, 2020 Filing 4 NOTICE of Related Case(s) filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. Related Case(s): 2:19-cv-03981-MWF-AFM (Kane, Matthew)
January 15, 2020 Filing 3 NOTICE of Interested Parties filed by Defendant Schneider Logistics Transloading and Distribution, Inc., identifying Schneider Logistics, Inc.; Schneider National, Inc.. (Kane, Matthew)
January 15, 2020 Filing 2 CIVIL COVER SHEET filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Kane, Matthew)
January 15, 2020 Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1905250 Receipt No: 0973-25127089 - Fee: $400, filed by Defendant Schneider Logistics Transloading and Distribution, Inc.. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Notice of Assignment, #5 Certificate of Counsel, #6 Order Deeming Complaint Filed, #7 Plaintiff's Request to Continue Initial Status Conference, #8 Order Granting Plaintiff's Request to Continue Initial Status Conference, #9 Proof of Service, #10 Order Continuing Case Management Conference) (Attorney Matthew Charles Kane added to party Schneider Logistics Transloading and Distribution, Inc.(pty:dft))(Kane, Matthew)

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Plaintiff: Tabita Boian
Represented By: Michael J S Calvo
Represented By: Gregory E. Mauro
Represented By: James R Hawkins
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Defendant: Schneider Logistics Transloading and Distribution, Inc.
Represented By: Matthew Charles Kane
Represented By: Sabrina A Beldner
Represented By: Ashley R Li
Represented By: Sylvia Jihae Kim
Represented By: Ashley R. Li
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Defendant: Does 1 through 10, inclusive
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