Robin Murdock v. McLane Suneast, Inc. et al
| Robin Murdock and Ordaz Jose |
| McLane/Suneast, Inc., McLane Suneast, Inc., Does 1 to 100, Does 1 to 50 inclusive, McLane Foodservice, Inc. and McLane Foodservice Distribution, Inc. |
| 5:2021cv00657 |
| April 13, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| John W Holcomb |
| Kenly Kiya Kato |
| Sheri Pym |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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Filing 88
AMENDED DOCUMENT filed by Defendant McLane Suneast, Inc.. Amendment to Notice of Removal (Attorney Civil Case Opening),,, #1 Defendant McLane/Suneast, Inc.'s Amended Notice of Removal of Civil Action (Kim, Sylvia)
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Filing 87
ORDER GRANTING DEFENDANT'S PROTECTIVE MOTION FOR LEAVE TO FILE AMENDED NOTICE OF REMOVAL #85 by Judge John W. Holcomb. The Motion is GRANTED. MSE is granted leave to file the Amended Notice of Removal attached to the Motion as Exhibit 1, and no later than May 19, 2023, MSE shall file the amended NOR as a separate document in the Court's CM/ECF System. The hearing on the Motion set for May 19, 2023, is VACATED. IT IS SO ORDERED. (yl) Modified on 5/12/2023 (yl).
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Filing 86
Notice Of Non-Receipt Of Plaintiffs Opposition To Defendants Protective Motion For Leave To File Amended Notice Of Removal [Dkt. #85] filed by Defendant McLane Suneast, Inc.. (Kane, Matthew)
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Filing 85
NOTICE OF MOTION AND MOTION for Leave to file Amended Notice of Removal *Defendant's Protective Motion for Leave to File Amended Notice of Removal* filed by Defendant McLane Suneast, Inc.. Motion set for hearing on 5/19/2023 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Exhibit Ex. 1 to Protective Motion for Leave to Amend Notice of Removal, #2 Exhibit Ex. 2 to Protective Motion for Leave to Amend Notice of Removal, #3 Declaration of Sylvia J. Kim in Support of Protective Motion for Leave to Amend Notice of Removal, #4 Proposed Order [Proposed] Order) (Kim, Sylvia)
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Filing 84
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Declaration[ 81] by Judge John W. Holcomb. The document is stricken. (yl)
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Filing 83
OBJECTIONS to Declaration #81 and Request to Disregard Plaintiff's Declaration of Janelle Carney Re: Dismissal of Class Claims and Proposed Order Filed Therewith [Dkt. #81 filed by Defendant McLane Suneast, Inc.. (Kim, Sylvia)
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Filing 82
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #81 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events-->Motions-->Dismiss Cause or Other. 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. (yl)
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Filing 81
[STRICKEN PER ORDER #84 ] DECLARATION of Janelle Carney Re: Dismissal of Class Claims filed by Plaintiff Robin Murdock. (Attachments: #1 Proposed Order Re: Dismissal of Class Claims)(Carney, Janelle) Modified on 3/28/2023 (yl).
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Filing 80
VIDEO SCHEDULING CONFERENCE held before Judge John W. Holcomb. Counsel state their appearances. The Court confers with counsel. The Court SETS the following briefing schedule for Plaintiffs' anticipated Motion for Class Certification: The deadline to file Motion for Class Certification is October 30, 2023. The deadline to file Opposition to Motion for Class Certification: December 1, 2023. The deadline to file Reply re Motion for Class Certification is December 22, 2023. The hearing on Motion for Class Certification is January 12, 2024,at 9:00 a.m., in person. The Court authorizes defendant to file a pre-class Certification for Motion for Summary Judgment that will not count against the Standing Order requirements. IT IS SO ORDERED. Court Reporter: Courtsmart. (yl)
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Filing 79
Notice of Dismissal filed by Jose Ordaz Ordaz Jose. (Spivak, David)
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Filing 78
STIPULATION to Dismiss Case pursuant to Settlement filed by Jose Ordaz Ordaz Jose.(Spivak, David)
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Filing 77
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court ADVANCES the Scheduling Conference set for Friday, January 13, 2023 at 11:00 a.m. to Friday, January 13, 2023 at 9:00 a.m., via video conference. *TIME CHANGE ONLY* To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts 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. (cla) TEXT ONLY ENTRY
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Filing 76
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Scheduling Conference set for Friday, January 13, 2023 [ECF No. 72], will be held on January 13, 2023 at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts 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. (cla) TEXT ONLY ENTRY
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Filing 75
JOINT REPORT Rule 26(f) Discovery Plan UPDATED ; estimated length of trial 10-15 days, filed by Plaintiff Robin Murdock.. (Carney, Janelle)
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Filing 74
ANSWER to Amended Complaint/Petition, #73 JURY DEMAND. /Defendant's Answer to Plaintiff's Fourth Amended Complaint for Damages filed by Defendant McLane Suneast, Inc..(Kim, Sylvia)
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Filing 73
FOURTH AMENDED COMPLAINT against DEFENDANT Robin Murdock amending Amended Complaint/Petition #58 , filed by Plaintiff Robin Murdock (Attachments: #1 Exhibit Exhibit 1 - PAGA Notice, #2 Notice of Revisions to Third Amended Complaint)(Carney, Janelle)
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Filing 72
ORDER REGARDING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT [ECF No. 58] #62 by Judge John W. Holcomb, the Court hereby ORDERS as follows: (1) The Motion is GRANTED. (2) Murdock's first, seventh, and eighth claims for relief are DISMISSED with leave to amend. Murdock is DIRECTED to file an amended pleading, if at all, no later than 11/18/2022. (3) Murdock's remaining claims for relief are DISMISSED without leave to amend, including her request for civil penalties arising under Cal. Lab. Code 226.3. (4) If Murdock files a timely amended pleading, then MSE's response thereto is due no later than 12/9/2022. (6) An in-person Scheduling Conference is SET for 1/13/2023, at 9:00 AM. (See attachment Order for further information). (jp)
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Filing 71
NOTICE of Change of address by David A Wimmer attorney for Defendant McLane Suneast, Inc.. Changing attorneys address to 10877 Wilshire Blvd., Suite 1650, Los Angeles, CA 90024. Filed by Defendant McLane Suneast, Inc.. (Wimmer, David)
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Filing 70
NOTICE of Change of address by David A Wimmer attorney for Defendant McLane Suneast, Inc.. Changing attorneys address to 10877 Wilshire Blvd., Suite 1650, Los Angeles, CA 90024. Filed by Defendant McLane Suneast, Inc.. (Wimmer, David)
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Filing 69
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge John W. Holcomb: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on August 12, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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Filing 68
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 weeks, filed by Plaintiff Ordaz Jose.. (Spivak, David)
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Filing 67
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial unknown at this time, filed by Plaintiff Robin Murdock.. (Attachments: #1 Exhibit Schedule of Pretrial and Trial Dates Worksheet)(Carney, Janelle)
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Filing 66
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Defendants Motion to Dismiss Plaintiff Robin Murdock's Third Amended Complaint [ECF No. 62] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on July 15, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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Filing 65
REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) #62 filed by Defendant McLane Suneast, Inc.. (Kim, Sylvia)
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Filing 64
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 8/12/2022 at 11:00 AM before Judge John W. Holcomb. (dgo)
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Filing 63
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) #62 filed by Plaintiff Robin Murdock. (Carney, Janelle)
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Filing 62
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant McLane Suneast, Inc.. Motion set for hearing on 7/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order to Dismiss Plaintiff's Third Amended Complaint) (Kim, Sylvia)
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Filing 61
RESPONSE filed by Defendant McLane Suneast, Inc. to Order Regarding Supplemental Briefing (Kane, Matthew)
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Filing 60
SUPPLEMENT BRIEF IN SUPPORT OF PLAINTIFF JOSE ORDAZS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS THIRD AMENDED COMPLAINT filed by Plaintiff Ordaz Jose. (Spivak, David)
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Filing 59
NOTICE Notice of Revisions to Second Amended Complaint filed by PLAINTIFF Robin Murdock. (Carney, Janelle)
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Filing 58
THIRD AMENDED COMPLAINT against McLane/Suneast, Inc. Robin Murdock amending Amended Complaint/Petition #41 , filed by PLAINTIFF Robin Murdock (Attachments: #1 Exhibit Exhibit 1 - PAGA Notices)(Carney, Janelle)
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Filing 57
Notice of Appearance or Withdrawal of Counsel: for attorney David G Spivak counsel for Plaintiff Ordaz Jose. Filed by Plaintiff Jose Ordaz. (Spivak, David)
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Filing 56
ORDER GRANTING JOINT STIPULATION TO PERMIT PLAINTIFF ROBIN MURDOCK LEAVE TO FILE A THIRD AMENDED COMPLAINT AND TO EXTEND TIME FOR DEFENDANT TO FILE ITS RESPONSIVE PLEADING THERETO by Judge John W. Holcomb #55 . The Stipulation is GRANTED. Plaintiff is DIRECTED to file the TAC as a separate document in the Court's CM/ECF System, in accordance with L.R. 15-1, no later than May 27, 2022. Plaintiff is also DIRECTED to file contemporaneously therewith a Notice of Revisions to the Second Amended Complaint that provides the Court with a redline version that shows the amendments. Defendant McLane/Suneast, Inc. (MSE) shall file a response to the TAC no later than June 17, 2022. IT IS SO ORDERED. (yl)
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Filing 55
Joint STIPULATION for Leave to for Plaintiff Robin Murdock to File A Third Amended Complaint And To Extend Time For Defendant to File Its Responsive Pleading Thereto filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Kim, Sylvia)
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Filing 54
TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
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Filing 53
MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Ordaz Ordaz Jose. (Attachments: #1 Declaration David Spivak in Support of Plaintiff Jose Ordaz's Opposition to Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint)(Spivak, David)
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Filing 52
ORDER GRANTING STIPULATION TO FURTHER EXTEND TIME FOR DEFENDANT MCLANE/SUNEAST, INC. TO RESPOND TO PLAINTIFF ROBIN MURDOCKS SECOND AMENDED COMPLAINT TO FACILITATE FURTHER MEETING AND CONFERRING THEREON #51 by Judge John W. Holcomb. The Stipulation is GRANTED. Defendant McLane/Suneast, Inc.s (MSE) deadline to serve and file any answer, motions, or other pleadings responsive to Plaintiff Robin Murdock's Second Amended Complaint is EXTENDED by 14 days, to and including May 23, 2022. By entering into this Stipulation, the parties do not waive, and expressly reserve, any and all rights, claims, challenges, and defenses in the action. IT IS SO ORDERED. (yl)
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Filing 51
STIPULATION for Extension of Time to File Answer to May 23, 2022 re Amended Complaint/Petition #41 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Kim, Sylvia)
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Filing 50
Notice of Electronic Filing re Amended Complaint/Petition #47 , Order, #49 , Order on Motion to Dismiss, #46 , Stipulation to Extend Time to Answer (More than 30 days) #48 , Objection/Opposition (Motion related), #44 , Response in Support of Motion, #45 e-mailed to Maralle Messrelian at maralle@spivaklaw.com bounced due to Email address disabled. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
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Filing 49
ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT MCLANE/SUNEAST, INC. TO RESPOND TO PLAINTIFF ROBIN MURDOCKS SECOND AMENDED COMPLAINT TO FACILITATE FURTHER MEETING AND CONFERRING THEREON #48 by Judge John W. Holcomb. Defendant McLane/Suneast, Inc.s (MSE) deadline to serve and fileany answer, motions, or other pleadings responsive to Plaintiff Robin MurdocksSecond Amended Complaint is EXTENDED by 14 days, to and including May 9,2022. (yl)
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Filing 48
STIPULATION for Extension of Time to File Answer to May 9, 2022 re Amended Complaint/Petition #41 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia)
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Filing 47
Third Amended Complaint AMENDED COMPLAINT against Defendant McLane Suneast, Inc. amending Amended Complaint/Petition #41 , filed by Jose Ordaz Ordaz Jose (Attachments: #1 Notice of Revisions to Third Amended Complaint)(Spivak, David)
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Filing 46
MINUTES (IN CHAMBERS) by Judge John W. Holcomb: ORDER REGARDING DEFENDANTS MOTION TO DISMISS [ECF No. 43]. Accordingly, pursuant to L.R. 7-4, the Court declines to consider the Motion and DENIES MSEs Motion without prejudice. The Court admonishes counsel henceforth to comply strictly with all Local Rules, including L.R. 7-3. #43 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 45
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Robin Murdock's Second Amended Complaint #43 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Declaration of Sylvia J. Kim, #2 Supplement Evidentiary Objections to Declaration of Janelle Carney)(Kim, Sylvia)
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Filing 44
Opposition to Defendant's Motion to Dismiss Murdock's Second Amended Complaint in opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Robin Murdock's Second Amended Complaint #43 filed by Plaintiff Robin Murdock. (Attachments: #1 Declaration Declaration of Janelle Carney in Support of Plaintiff's Opposition to Motion to Dismiss Second Amended Complaint)(Carney, Janelle)
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Filing 43
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Robin Murdock's Second Amended Complaint filed by Defendant McLane Suneast, Inc.. Motion set for hearing on 4/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Kim, Sylvia)
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Filing 42
NOTICE Notice of Revisions to First Amended Complaint filed by PLAINTIFF Robin Murdock. (Attachments: #1 Exhibit Exhibit 1: Redline Showing Revisions to First Amended Complaint)(Carney, Janelle)
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Filing 41
SECOND AMENDED COMPLAINT against DEFENDANT McLane Suneast, Inc. amending Amended Complaint, filed by Plaintiff Robin Murdock (Attachments: #1 Exhibit Exhibit 1 - PAGA Notices)(Carney, Janelle)
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Filing 40
Notice of Appearance or Withdrawal of Counsel: for attorney David A Wimmer counsel for Defendant McLane Suneast, Inc.. Emily G. Camastra is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant McLane/Suneast, Inc.. (Wimmer, David)
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Filing 39
ORDER GRANTING JOINT STIPULATION TO PERMIT PLAINTIFF ROBIN MURDOCK LEAVE TO FILE A SECOND AMENDED COMPLAINT AND TO EXTEND TIME FOR DEFENDANT TO FILE ITS RESPONSIVE PLEADING THERETO by Judge John W. Holcomb #37 . Plaintiff is hereby granted leave to file the proposed SAC attached to the Stipulation as Exhibit A. Plaintiff shall promptly file the SAC as a separate document in the Courts CM/ECF System, in accordance with L.R. 15-1. (See document for further details) (yl)
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Filing 38
NOTICE of Errata and Filing Re Exhibit A to Joint Stipulation to Permit Plaintiff Robin Murdock Leave to File A Second Amended Complaint and to Extend Time for Defendant to File Its Responsive Pleading [Dkt. #37] filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Exhibit A)(Kim, Sylvia)
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Filing 37
Joint STIPULATION for Leave to Permit Plaintiff Robin Murdock to File a Second Amended Complaint and to Extend Time For Defendant to File Its Responsive Pleading filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia)
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Filing 36
ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT MCLANE/SUNEAST, INC. TO RESPOND TO PLAINTIFF ROBIN MURDOCKS FIRST AMENDED COMPLAINT #35 by Judge John W. Holcomb. Defendant McLane/Suneast, Inc.'s deadline to serve and file any answer, motions, or other pleadings responsive to Plaintiff Robin Murdock's First Amended Complaint is EXTENDED by seven (7) days, to and including February 11, 2022. (See document for further details) (yl)
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Filing 35
STIPULATION for Extension of Time to File Response filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia)
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Filing 34
ORDER GRANTING STIPULATION TO CONTINUE PLAINTIFF'S DEADLINE TO FILE SECOND AMENDED COMPLAINT AND DEFENDANT McLANE/SUNEAST, INC.S DEADLINE TO RESPOND THERETO #33 by Judge John W. Holcomb. Plaintiffs deadline to file his Second Amended Complaint against Defendant McLane/Suneast, Inc. is EXTENDED by two weeks, to and including January 28, 2022. (See document for further details) (yl)
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Filing 33
STIPULATION to Continue Plaintiff's Deadline to File Second Amended Complaint as to McLane Suneast Only from January 14, 2022 to January 28, 2022, STIPULATION for Extension of Time to File Response filed by Defendants McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Beverlin, Amy)
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Filing 32
SECOND AMENDED COMPLAINT against McLane/Suneast, Inc. Ordaz Jose amending Amended Complaint, filed by Plaintiff Ordaz Jose (Attachments: #1 Exhibit A)(Spivak, David)
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Filing 31
ORDER REGARDING PRE-TRIAL CONSOLIDATION OF MURDOCK AND ORDAZ ACTIONS by Judge John W. Holcomb #30 . The matter styled as Jose Ordaz v. McLane/Suneast, Inc., et al., C.D. Cal. Case No. 5:21-cv-01591-JWH-SPx (Ordaz), is hereby CONSOLIDATED with the matter styled as Robin Murdock v. McLane/Suneast, Inc., C.D. Cal. Case No. 5:21-cv-00657-JWH-SPx (Murdock) for pre-trial purposes only, including discovery. The Clerk of Court is DIRECTED to CLOSE ADMINISTRATIVELY the later-filed case, Jose Ordaz v. McLane/Suneast, Inc., et al., Case No. 5:21-cv-01591-JWH-SPx. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 30
NOTICE OF LODGING filed Proposed Order Regarding Pre-Trial Consolidation of Murdock and Ordaz Actions re Status Conference - optional html form,, #29 (Carney, Janelle)
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Filing 29
MINUTES OF VIDEO HEARING RE: STATUS CONFERENCE held before Judge John W. Holcomb. For the reasons stated in open court, the Court ORDERS as follows: 1. The parties are DIRECTED to meet and confer and to file, no later than January 14, 2022, their proposed order regarding the pre-trial consolidation of this case and Ordaz v. McLane/Suneast, Inc., Case No. 5:21-cv-01591-JWH-SPx. 2. Defendants' responsive pleading is due no later than February 4, 2022. IT IS SO ORDERED. Court Reporter: Terri Hourigan. (lom)
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Filing 28
ORDER DENYING PLAINTIFF'S MOTION TO REMAND [ECF No. #14 ] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: The Court DENIES the Murdock's Motion to Remand. The Court likewise DENIES the Murdock's request for an award of $3,500 in attorneys' fees. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 27
STATUS REPORT filed by Plaintiff Robin Murdock. (Carney, Janelle)
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Filing 26
STANDING ORDER by Judge John W. Holcomb. (iva)
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Filing 25
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-00465-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 24
This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 23
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:21-cv-00465-JWH-SPx. Case transferred from Judge Fernando L. Aenlle-Rocha and Magistrate Judge Kenly Kiya Kato to Judge John W. Holcomb and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:21-cv-00657-JWH-SPx. Signed by Judge John W. Holcomb. (aco)
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Filing 22
NOTICE of Related Case(s) filed by Defendant McLane Suneast, Inc.. And Pendency of Other Actions or Proceedings. Related Case(s): 5:21-cv- 00465-JWH (SPx); 5:21-cv-01591-VAP (SHKx); San Bernardino Superior Court Case No. CIVSB2123367 (Attachments: #1 Exhibit A - Castaneda-Rivera SAC, #2 Exhibit B - Ordaz Complaint, #3 Exhibit C - Castaneda-Rivera State Court Complaint)(Beverlin, Amy)
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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
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFFS MOTION TO REMAND AND REQUEST FOR ATTORNEYS' FEES AND COSTS OF $3,500.00 UNDER SUBMISSION #14 by Judge Fernando L. Aenlle-Rocha: The Court finds that Plaintiff's Motion to Remand and Request for Attorneys' Fees and Costs of $3,500.00 currently scheduled for hearing on June 18, 2021, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 19
RESPONSE TO EVIDENTIARY OBJECTION re NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #14 filed by Defendant McLane Suneast, Inc.. (Beverlin, Amy)
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Filing 18
OBJECTION in opposition re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #14 And Request To Strike And/Or Disregard Portions Of Plaintiffs Reply To Opposition To Motion To Remand And Request For Attorneys Fees And Costs Of $3,500 [Dkt. #17] Or, In The Alternative, Request For Leave To File A Sur-Reply Thereto filed by Defendant McLane Suneast, Inc.. (Beverlin, Amy)
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Filing 17
REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #14 filed by Plaintiff Robin Murdock. (Attachments: #1 Objections to Declaration of Stephani McAtee)(Carney, Janelle)
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Filing 16
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #14 filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Declaration of McAtee)(Beverlin, Amy)
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Filing 15
TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFFS MOTION TO REMAND AND REQUEST FOR ATTORNEYS' FEES AND COSTS OF $3,500.00 (DKT. #14 ) by Judge Fernando L. Aenlle-Rocha: Plaintiff has set the motion for a day the Court's calendar is full and, therefore, closed. Counsel are directed to refer to the Motion Calendar under this Courts Procedures and Schedules found on the website for the United States District Court. Any future motion will be stricken for failing to set it on a date the Court is hearing motions. The Court, on its own motion, continues the Motion from June 11, 2021 to June 18, 2021 at 1:30 p.m. Counsel shall refer to the Courts Standing Order with respect to the briefing schedule of motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 14
NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Robin Murdock. Motion set for hearing on 6/11/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Remand and Request for Attorneys' Fees and Costs of $3,500, #2 Declaration of Janelle Carney in Support of Plaintiffs' Motion to Remand and Request for Attorneys' Fees and Costs of $3,500, #3 Proposed Order Granting Plaintiffs' Motion to Remand and Request for Attorneys' Fees and Costs of $3,500) (Carney, Janelle)
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Filing 13
DEMAND for Jury Trial filed by Plaintiff Robin Murdock.. (Carney, Janelle)
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Filing 12
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANTS RESPONSIVE PLEADING DEADLINE PENDING MOTION TO REMAND #11 by Judge Fernando L. Aenlle-Rocha: Plaintiff shall file any Motion to Remand on or before May 13, 2021. Upon Plaintiff's filing of a Motion to Remand, Defendants deadline to serve and file any answer, motions, or other pleadings responsive to Plaintiffs First Amended Complaint shall be and hereby is extended to 21 days after entry of any court order denying the Motion to Remand. (lc)
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Filing 11
STIPULATION for Extension of Time to File Answer to 21 days after entry of the Courts Order denying the Motion to Remand re Amended Complaint filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Beverlin, Amy)
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Filing 10
PROOF OF SERVICE filed by Defendant McLane Suneast, Inc., re Initial Order upon Filing of Complaint - form only #9 served on April 22, 2021. (Camastra, Emily)
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
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Filing 8
ORDER APPROVING STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO OPERATIVE FIRST AMENDED COMPLAINT TO MAY 4, 2021 #6 by Judge Fernando L. Aenlle-Rocha (lc)
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Filing 7
PROOF OF SERVICE filed by Defendant McLane Suneast, Inc., re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #4 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 and Notice of Filing - State Court Notice served on April 13 thru 15, 2021. (Camastra, Emily)
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Filing 6
STIPULATION for Extension of Time to File Response as to Amended Complaint filed by Defendant McLane Suneast, Inc.. (Attachments: #1 Proposed Order)(Camastra, Emily)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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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 John W. Holcomb and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Fernando L. Aenlle-Rocha. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-00657-FLA (KKx). (et)
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CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants McLane Suneast, Inc., Does 1 to 100, filed by Plaintiff Robin Murdock. [FILED IN STATE COURT ON 12/10/2020 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 ]. (et)
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NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Robin Murdock, upon Defendant McLane Suneast, Inc. acknowledgment sent by Plaintiff on 2/22/2021, answer due 3/15/2021. Acknowledgment of Service signed by David A. Wimmer, Attorney for Defendant. [SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL #1 ]. (et)
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NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants McLane Suneast, Inc. amending Complaint, filed by Plaintiff Robin Murdock. [SUBMITTED ATTACHED TO EXHIBIT C TO NOTICE OF REMOVAL #1 ].(et)
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Filing 3
Certificate and NOTICE of Interested Parties filed by Defendant All Defendants, identifying Plaintiff Robin Murdock; Defendant McLane/Suneast, Inc.; McLane Company, Inc.; and Berkshire Hathaway, Inc.. (Camastra, Emily)
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Filing 2
CIVIL COVER SHEET filed by Defendant McLane/Suneast, Inc.. (Camastra, Emily)
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Filing 1
NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIV SB 2027201 Receipt No: ACACDC-31105652 - Fee: $402, filed by Defendant McLane/Suneast, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice and Acknowledgment, #3 Exhibit First Amended Complaint, #4 Exhibit Summons, #5 Exhibit Civil Case Cover Sheet, #6 Exhibit Certificate of Assignment, #7 Exhibit Initial CMC Order & Guidelines, #8 Exhibit Notice of Association of Counsel, #9 Exhibit Plaintiff's Preemptory Challenge, #10 Exhibit Notice of Entry of Order of Reassignment, #11 Exhibit Notice of Filing Notice and Acknowledgment of Receipt, #12 Exhibit Joint Initial Case Mgmt. Conf. Statement, #13 Exhibit Notice of General Appearance) (Attorney Emily Grace Camastra added to party McLane/Suneast, Inc.(pty:dft))(Camastra, Emily)
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