Benjamin Castaneda-Rivera et al v. McLane Suneast, Inc. et al
| Benjamin Castaneda-Rivera and Shaynia Vernon |
| McLane/Suneast, Inc., McLane Foodservice, Inc., McLane Suneast, Inc. and Does 1 through 50, inclusive |
| 5:2021cv00465 |
| March 16, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Sheri Pym |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 MINUTES OF VIDEO HEARING RE: STATUS CONFERENCE held before Judge John W.Holcomb. For the reasons stated on the record, the Court hereby ORDERS as follows: In view of the parties' representation that a settlement has been reached, this action is placed in inactive status. By February 15, 2022, the parties are DIRECTED to file either (1) a Stipulation of Dismissal under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure (or a Notice of Dismissal under Rule 41(a)(1)(A)(i), if applicable); (2) a Stipulation for an Order of Dismissal under Rule 41(a)(2); or (3) a motion to reopen if settlement has not been consummated. Upon the failure to comply with this Order in a timely manner, this action shall be deemed dismissed as of February 16, 2022. Court Reporter: Terri Hourigan. (Made JS-6. Case Terminated.) (lom) |
| Filing 26 STATUS REPORT (Post-Mediation) filed by Defendants McLane Foodservice, Inc., McLane Suneast, Inc.. (Beverlin, Amy) |
Filing 25
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed the parties' "Joint Status Report Regarding Consolidation [Dkt. #23]" [ECF No. #24 ], filed on December 10, 2021. IT IS HEREBY ORDERED that the parties' request to submit a Post-Mediation Status Report is GRANTED. The parties are DIRECTED to file the Post-Mediation Status Report by noon on Wednesday, December 15, 2021. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 24 STATUS REPORT (JOINT) REGARDING CONSOLIDATION filed by Defendants McLane Foodservice, Inc., McLane Suneast, Inc.. (Beverlin, Amy) |
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Filing 23
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby sets a Status Conference for Friday, December 17, 2021, at 11:00 a.m., via video conference. The parties are DIRECTED to file a Joint Status Report no later than 12:00 noon on December 10, 2021, regarding the propriety of consolidating this case with the two related cases bearing case numbers 5:21-cv-00657-JWH-SPx and 5:21-cv-01591-JWH-SPx. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 22 NOTICE of Related Case(s) filed by Defendants McLane Foodservice, Inc., McLane Suneast, Inc.. and Pendency of Other Actions or Proceedings Related Case(s): 5:21-cv-00657-FLA (KKx); 5:21-cv-01591-VAP (SHKx); San Bernardino County Superior Court, Case CIVSB2123367 (Attachments: #1 Exhibit A - Murdock FAC, #2 Exhibit B - Ordaz Complaint, #3 Exhibit C - Castaneda-Rivera State Court Complaint)(Beverlin, Amy) |
| Filing 21 NOTICE of Change of Attorney Business or Contact Information: for attorney Amy E Beverlin counsel for Defendant McLane Suneast, Inc.. Changing McGuireWoods LLP, 1800 Century Park East, 8th Floor, Los Angeles, CA 90067 to Baker & Hostetler LLP, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Changing abeverlin@mcguirewoods.com to abeverlin@bakerlaw.com. Filed by Defendant McLane Suneast, Inc.. (Beverlin, Amy) |
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Filing 20
ORDER/REFERRAL to ADR Procedure No 3 by Judge John W. Holcomb. 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 1/3/2022. (yl)
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| Filing 19 MINUTE ORDER OF VIDEO HEARING RE: SCHEDULING CONFERENCE held before Judge John W. Holcomb. For the reasons stated on the record, the Court sets the following case schedule and briefing schedule for the class certification motion: Last day to Conduct Settlement Conference: January 31, 2022; Deadline to file Class Certification Motion: April 15, 2022; Deadline to file Opposition to Class Certification Motion: May 13, 2022;Deadline to file Reply re Class Certification Motion: May 27, 2022; Hearing on Class Certification Motion/Status Conference: June 10, 2022, at 9:00 a.m. IT IS SO ORDERED. Status Conference set for 6/10/2022 09:00 AM before Judge John W. Holcomb. Court Reporter: Myra Ponce. (yl) Modified on 7/13/2021 (yl). |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon.. (Agnew, Kristen) |
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Filing 17
ORDER DENYING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND RELATED DEADLINES TO FACILITATE POTENTIAL EARLY MEDIATION by Judge John W. Holcomb #16 (yl)
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| Filing 16 STIPULATION to Continue Scheduling Conference from July 9, 2021 to December 17, 2021 filed by Defendant McLane Foodservice, Inc., McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Beverlin, Amy) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 7/9/2021 at 11:00 AM before Judge John W. Holcomb. (iva)
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| Filing 14 ANSWER to Amended Complaint/Petition #13 , Complaint - (Discovery), filed by Defendants McLane Foodservice, Inc., McLane Suneast, Inc..(Kane, Matthew) |
| Filing 13 SECOND AMENDED COMPLAINT against DEFENDANTS All Defendants amending Amended Complaint,, filed by Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon(Agnew, Kristen) |
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Filing 12
ORDER GRANTING JOINT STIPULATION TO (1) FURTHER EXTEND DEFENDANTS' TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND (2) GRANT LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge John W. Holcomb #11 Plaintiffs shall be and hereby are granted leave to file a Second Amended Complaint on or before April 20, 2021, to address the issues raised as to the claims alleged in the FAC, and Defendants shall have 21 days within which to answer or otherwise respond to the Second Amended Complaint upon service thereof. (See document for further details) (yl)
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| Filing 11 STIPULATION for Extension of Time to File Answer to May 4, 2021 re Amended Complaint, filed by Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon. (Attachments: #1 Proposed Order)(Lee, Larry) |
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Filing 10
STANDING ORDER by Judge John W. Holcomb. (iva)
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Otis D. Wright, II. Case transferred from Judge Otis D. Wright, II to the calendar of Judge John W. Holcomb for all further proceedings. Case number now reads as 5:21-cv-00465 JWH(SPx). (rn)
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| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Max William Gavron counsel for Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon. Adding Max W. Gavron as counsel of record for Plaintiffs Benjamin Castaneda-Rivera and Shaynia Vernon for the reason indicated in the G-123 Notice. Filed by Plainiff Plaintiffs Benjamin Castaneda-Rivera and Shaynia Vernon. (Attorney Max William Gavron added to party Benjamin Castaneda-Rivera(pty:pla), Attorney Max William Gavron added to party Shaynia Vernon(pty:pla))(Gavron, Max) |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to McLane Foodservice, Inc. answer now due 4/13/2021; McLane Suneast, Inc. answer now due 4/13/2021, re Amended Complaint, filed by Defendant McLane Foodservice, Inc.; McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Sakaue, Kerri) |
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Filing 6
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc) Modified on 3/19/2021 (lc).
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Otis D. Wright, II. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-00465-ODW (SPx). (et) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants McLane Foodservice, Inc., McLane Suneast, Inc., Does 1 through 50, inclusive. Jury Demanded., filed by Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon. [FILED IN STATE COURT ON 9/1/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 . (et) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Benjamin Castaneda-Rivera, Shaynia Vernon, upon Defendant McLane Suneast, Inc. served on 10/2/2020, answer due 10/23/2020. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service of Process by serving Gabriela Sanchez, Intake Specialist in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. [FILED IN STATE COURT ON 10/13/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ]. (et) |
| CONFORMED FILED COPY OF FIRST AMENDED CLASS COMPLAINT against Defendants McLane Suneast, Inc., Does 1 through 50, inclusive, filed by Plaintiffs Benjamin Castaneda-Rivera, Shaynia Vernon [FILED IN STATE COURT ON 1/12/2021 SUBMITTED ATTACHED TO EXHIBIT G AS ATTACHMENT NO. 7 TO NOTICE OF REMOVAL #1 ].(et) |
| Filing 3 NOTICE of Interested Parties filed by Defendant McLane Foodservice, Inc., McLane/Suneast, Inc., identifying McLane Company, Inc.; Berkshire Hathaway Inc.. (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendants McLane Foodservice, Inc., McLane/Suneast, Inc.. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS2017663 Receipt No: ACACDC-30927607 - Fee: $402, filed by Defendant McLane Foodservice, Inc., McLane/Suneast, Inc.. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Certificate of Assignment, #5 Initial Case Management Conference Order, #6 Initial Complex Order and Guidelines, #7 First Amended Complaint, #8 Proof of Service of Summons, #9 Joint Case Management Conference Statement, #10 Portal Minute Order, #11 Joint Stipulation re Statute of Limitations, #12 Joint Stipulation to Extend Time To Respond to Complaint) (Attorney Matthew Charles Kane added to party McLane Foodservice, Inc.(pty:dft), Attorney Matthew Charles Kane added to party McLane/Suneast, Inc.(pty:dft))(Kane, Matthew) |
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