Daniel Lara Diaz v. Shamrock Foods Company, et al
Plaintiff: Daniel Lara Diaz
Defendant: Shamrock Foods Co. and Does 1 through 20, inclusive
Case Number: 5:2020cv02610
Filed: December 18, 2020
Court: US District Court for the Central District of California
Presiding Judge: Shashi H Kewalramani
Referring Judge: Fernando M Olguin
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2021 Filing 26 Receipt of Copy of Remand Transmittal Letter from Riverside Superior Court, Case No. RIC2004126, acknowledged on 4/13/2021. (iv)
April 6, 2021 Filing 25 TRANSMITTAL of documents to Superior Court of California Riverside County. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California Riverside County. (lom)
April 5, 2021 Opinion or Order Filing 24 MINUTES (In Chambers) Order re: Pending Motion and Remanding Action by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. Plaintiff's Motion for Leave to File a First Amended Complaint, or in the Alternative, Leave to Dismiss all Individual Claims and Class Causes of Action Without Prejudice, and for Order Remanding Case to State Court (Document No. #10 ) is granted as set forth in this Order. 2. Plaintiff's individual and class claims are hereby dismissed without prejudice. 3. The remaining portion of plaintiffs action, i.e., the PAGA claims, is hereby remanded to the Riverside County Superior Court, 4050 Main Street, Riverside, California, 92501. 4. The Clerk shall send a certified copy of this Order to the state court. 5. Defendant's motion to compel arbitration (Document No. #11 ) is denied as moot. (lom)
March 11, 2021 Filing 23 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Scheduling Conference is hereby continued for hearing to 4/8/2021 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
March 4, 2021 Filing 22 JOINT SCHEDULING REPORT filed by Plaintiff Daniel Lara Diaz. (Mankin, Brian)
February 19, 2021 Filing 21 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Leave #10 is taken off the 2/25/2021 calendar and placed under submission. No appearances are required on 2/25/2021. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
February 12, 2021 Filing 20 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss, Compel Arbitration and Stay #11 is taken off the 2/18/2021 calendar and placed under submission. No appearances are required on 2/18/2021. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
February 11, 2021 Filing 19 REPLY in support of NOTICE OF MOTION AND MOTION to Amend , or in the Alternative, Leave to Dismiss all Individual Claims and Class Causes of Action Without Prejudice, and for Order Remanding Case to State Court #10 filed by Plaintiff Daniel Lara Diaz. (Mankin, Brian)
February 4, 2021 Filing 18 REPLY In Support Of NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant Shamrock Foods Co.. (Sommer, Andrew)
February 4, 2021 Filing 17 OPPOSITION to NOTICE OF MOTION AND MOTION to Amend , or in the Alternative, Leave to Dismiss all Individual Claims and Class Causes of Action Without Prejudice, and for Order Remanding Case to State Court #10 filed by Defendant Shamrock Foods Co.. (Attachments: #1 Declaration of Andrew Sommer)(Sommer, Andrew)
February 2, 2021 Filing 16 NOTICE of Change of Attorney Business or Contact Information: for attorney Brian J Mankin counsel for Plaintiff Daniel Lara Diaz. Changing firm name to LAUBY MANKIN & LAUBY, LLP. Changing email to brian@lmlfirm.com; misty@lmlfirm.com; tracie@lmlfirm.com. Filed by Plaintiff Daniel Lara Diaz. (Mankin, Brian)
January 28, 2021 Filing 15 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Daniel Lara Diaz. (Attachments: #1 Declaration of Misty M. Lauby, #2 Exhibit A)(Mankin, Brian)
January 20, 2021 Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant Shamrock Foods Co.. (Sommer, Andrew)
January 20, 2021 Filing 13 DECLARATION of Natalie Wright in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant Shamrock Foods Co.. (Sommer, Andrew)
January 20, 2021 Filing 12 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant Shamrock Foods Co.. (Sommer, Andrew)
January 20, 2021 Filing 11 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Shamrock Foods Co.. Motion set for hearing on 2/18/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Sommer, Andrew)
January 19, 2021 Filing 10 NOTICE OF MOTION AND MOTION to Amend , or in the Alternative, Leave to Dismiss all Individual Claims and Class Causes of Action Without Prejudice, and for Order Remanding Case to State Court filed by plaintiff Daniel Lara Diaz. Motion set for hearing on 2/25/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Leave too File First Amended Complaint, #2 Declaration of Misty M. Lauby, #3 Proposed Order Granting Motion for Leave to Amend, #4 Proposed Order Granting Motion for Dismissal and for Order of Remand) (Mankin, Brian)
January 7, 2021 Opinion or Order Filing 9 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 3/18/2021 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
January 5, 2021 Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
December 22, 2020 Filing 7 CERTIFICATE OF SERVICE filed by Defendant Shamrock Foods Co., re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on 12/22/2020. (Sommer, Andrew)
December 18, 2020 Filing 6 CERTIFICATE OF SERVICE filed by Defendant Shamrock Foods Co., re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 served on December 18, 2020. (Sommer, Andrew)
December 18, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
December 18, 2020 Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge John W. Holcomb 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 Fernando M. Olguin. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-02610 FMO (SHKx). (esa)
December 18, 2020 Filing 3 CERTIFICATE of Interested Parties filed by Defendant Shamrock Foods Company, (Sommer, Andrew)
December 18, 2020 Filing 2 CIVIL COVER SHEET filed by Defendant Shamrock Foods Company. (Sommer, Andrew)
December 18, 2020 Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC2004126 Receipt No: ACACDC-29599286 - Fee: $402, filed by Defendant Shamrock Foods Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Natalie Wright) (Attorney Andrew J Sommer added to party Shamrock Foods Company(pty:dft))(Sommer, Andrew)
December 18, 2020 COPY OF ANSWER to Complaint filed by defendant Shamrock Foods Co. (non-conformed, submitted as document 1, attachment 2)(esa)
December 18, 2020 CONFORMED COPY OF COMPLAINT against defendants Does, Shamrock Foods Co., Jury Demanded, filed by plaintiff Daniel Lara Diaz. (filed in state court 10/20/20, submitted as document 1, attachment 1) (esa)

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Defendant: Shamrock Foods Co.
Represented By: Andrew J Sommer
Represented By: Megan Stevens Shaked
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Defendant: Does 1 through 20, inclusive
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Plaintiff: Daniel Lara Diaz
Represented By: Misty M Lauby
Represented By: Brian J Mankin
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