Harvey Wicker v. Walmart Inc.
Plaintiff: Harvey Wicker
Defendant: Walmart Inc. doing business as Walmart Fulfillment Center
Case Number: 5:2020cv02166
Filed: October 16, 2020
Court: US District Court for the Central District of California
Presiding Judge: John W Holcomb
Referring Judge: Kenly Kiya Kato
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2020 Opinion or Order Filing 23 ORDER RE: SUPPLEMENTAL BRIEFING by Judge John W. Holcomb. On or before December 30, 2020, Walmart is DIRECTED to file a supplemental brief, of no more than 10 pages; On or before January 8, 2021, Wicker may file a response, of no more than 10 pages; and the videoconference hearing on the Motions is CONTINUED from December 18, 2020, to January 15, 2021, at 9:00 a.m. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS) (yl)
December 4, 2020 Filing 22 REPLY in support of motion NOTICE OF MOTION AND MOTION to Amend First Amended Complaint #17 filed by Plaintiff Harvey Wicker. (Attachments: #1 Declaration of Sean Litteral ISO Plaintiff's Reply, #2 Exhibit A to declaration, #3 Exhibit B to declaration, #4 Exhibit C to declaration, #5 Exhibit D to declaration, #6 Exhibit E to declaration)(Leimbach, David)
December 4, 2020 Filing 21 NOTICE OF COMPLIANCE WITH 28 U.S.C. filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit 1)(Brecht, Celeste)
December 1, 2020 Opinion or Order Filing 20 SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendant's Motion to Dismiss (Dkt. #10 ), is ordered CONTINUED from December 4, 2020 to December 18, 2020, at 9:00 a.m., via video conference. The Courtroom Deputy Clerk shall provide counsel with video conference instructions prior to the scheduled hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
November 25, 2020 Filing 19 OPPOSITION to NOTICE OF MOTION AND MOTION to Amend First Amended Complaint #17 filed by Defendant Walmart Inc.. (Attachments: #1 Declaration of Celeste M. Brecht, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Brecht, Celeste)
November 20, 2020 Filing 18 REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant Walmart Inc.. (Brecht, Celeste)
November 18, 2020 Filing 17 NOTICE OF MOTION AND MOTION to Amend First Amended Complaint filed by Plaintiff Harvey Wicker. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Exhibit A to Motion for Leave to Amend, #2 Exhibit B to Motion for Leave to Amend, #3 Declaration Of Sean L. Litteral ISO Motion to Leave, #4 Proposed Order) (Leimbach, David)
November 13, 2020 Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Plaintiff Harvey Wicker. (Attachments: #1 Declaration of Sean Litteral ISO Plaintiff's Opposition)(Cottrell, Carolyn)
November 9, 2020 Filing 15 PROOF OF SERVICE filed by Defendant Walmart Inc., re Initial Order upon Filing of Complaint - form only #12 served on November 9, 2020. (Brecht, Celeste)
November 5, 2020 Filing 14 NOTICE OF LODGING filed Regarding Proposed Orders re NOTICE OF MOTION AND MOTION to Dismiss Case #10 , Request for Judicial Notice #11 (Attachments: #1 Proposed Order Granting Motion to Dismiss, #2 Proposed Order Granting Request for Judicial Notice)(Brecht, Celeste)
November 5, 2020 Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case #10 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Motion. 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)
November 5, 2020 Opinion or Order Filing 12 STANDING ORDER by Judge John W. Holcomb. (iva)
November 4, 2020 Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant Walmart Inc.. (Brecht, Celeste)
November 4, 2020 Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Walmart Inc.. Motion set for hearing on 12/4/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Celeste M. Brecht, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Brecht, Celeste)
October 21, 2020 Filing 9 DECLARATION of Celeste M. Brecht re Notice of Removal (Attorney Civil Case Opening), #1 Supplemental Declaration of Celeste M. Brecht re Notice of Removal and Removal of Action filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit C)(Brecht, Celeste)
October 16, 2020 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
October 16, 2020 Filing 7 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge John W. Holcomb. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-02166 JWH (KKx). (esa)
October 16, 2020 Filing 6 CERTIFICATE of Interested Parties filed by Defendant Walmart Inc., (Brecht, Celeste)
October 16, 2020 Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant Walmart Inc. (Brecht, Celeste)
October 16, 2020 Filing 4 CIVIL COVER SHEET filed by Defendant Walmart Inc.. (Brecht, Celeste)
October 16, 2020 Filing 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL AND REMOVAL OF ACTION filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brecht, Celeste)
October 16, 2020 Filing 2 DECLARATION of Celeste M. Brecht re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brecht, Celeste)
October 16, 2020 Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS2017999 Receipt No: ACACDC-28570867 - Fee: $400, filed by Defendant Walmart Inc.. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Certificate of Assignment, #5 Order re Initial Complex Case Management Conference, #6 Court's Notice re Service, #7 Proof of Service of Summons and Complaint) (Attorney Celeste M Brecht added to party Walmart Inc.(pty:dft))(Brecht, Celeste)
October 16, 2020 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Harvey Wicker, upon Defendant Walmart Inc. served on 9/18/2020. Service of the Summons and Complaint were executed upon CT Corporation, Agent for Service of Process, 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 state court 9/22/20, submitted as document 3, attachment 1, p. 44) (esa)
October 16, 2020 CONFORMED COPY OF COMPLAINT against defendant Walmart Inc., Jury Demanded, filed by plaintiff Harvey Wicker. (filed in state court 8/27/20m submitted as document 1, attachment 1) (esa)

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Plaintiff: Harvey Wicker
Represented By: Carolyn H Cottrell
Represented By: David C Leimbach
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Defendant: Walmart Inc. doing business as Walmart Fulfillment Center
Represented By: Celeste M Brecht
Represented By: Matthew Marshall Gurvitz
Represented By: Sarah E Diamond
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