Wesley Maas v. Covenant Transport, Inc. et al
| Wesley Maas |
| Covenant Transport, Inc. and Does 1 through 50, inclusive |
| 5:2021cv00854 |
| May 17, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Sheri Pym |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 6/27/2022. (dd)
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Filing 17
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 8/22/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 9/20/2022 at 08:30 AM before Judge Dale S. Fischer. The Court also sets the following additional dates regarding the class certification: Motion: Must be filed by no later than November 23, 2021, Opposition: Must be filed by no later than January 21, 2021, Reply: Must be filed by no later than February 22, 2022, Hearing: March 13, 2022. (dd)
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| Filing 16 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY |
| Filing 15 Joint REPORT of Rule 26(f) filed by Defendant Covenant Transport, Inc.. (Attachments: #1 Declaration Declaration of Elizabeth Stonhaus re Rule 26(f) Report, #2 Exhibit Proposed Schedule)(Stonhaus, Elizabeth) |
| Filing 14 DECLARATION of Isandra Fernandez re Report #12 DECLARATION OF PLAINTIFFS COUNSEL ISANDRA FERNANDEZ IN RESPONSE TO JOINT RULE 26 REPORT OSC RE SANCTIONS filed by Plaintiff Wesley Maas. (Fernandez, Isandra) |
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Filing 13
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TO SHOW CAUSE RE SANCTIONS by Judge Dale S. Fischer. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that persons name (only if the person is an attorney) and the persons position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this Court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
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| Filing 12 JOINT RULE 26(f) REPORT filed by Defendant Covenant Transport, Inc.. (Stonhaus, Elizabeth) |
| Filing 11 CERTIFICATE OF SERVICE filed by defendant Covenant Transport, Inc., re Notices and Standing Orders served on 5/19/2021. (Stonhaus, Elizabeth) |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Percy Anderson, for the reasons set forth on this order. Related Case No. 2:18-cv-10147 PA(PJWx) (rn)
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 6/28/2021 at 11:00 AM before Judge Dale S. Fischer. (dd)
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Filing 8
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dd)
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| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet is attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 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 Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Dale S. Fischer. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-00854 DSF (SPx). (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Covenant Transport, Inc., Does 1 through 50, inclusive. Jury Demanded., filed by plaintiff Wesley Maas. (FILED IN STATE COURT ON 2/11/2021 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| NON CONFORM COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Covenant Transport, Inc. (SUBMITTED ATTACHED EXHIBIT 2)(ghap) |
| Filing 4 CERTIFICATE OF SERVICE filed by defendat Covenant Transport, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Related Case(s) #2 , Certificate/Notice of Interested Parties #3 served on 5/17/2021. (Stonhaus, Elizabeth) |
| Filing 3 NOTICE of Interested Parties filed by defendant Covenant Transport, Inc., identifying Covenant Logistics Group, Inc.. (Stonhaus, Elizabeth) |
| Filing 2 NOTICE of Related Case(s) filed by defendant Covenant Transport, Inc.. Related Case(s): 2:18-cv-10147-PA-PJW (Stonhaus, Elizabeth) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino, case number CIVSB2105431 Receipt No: ACACDC-31306507 - Fee: $402, filed by defendant Covenant Transport, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Declaration) (Attorney Elizabeth Ashley Stonhaus added to party Covenant Transport, Inc.(pty:dft))(Stonhaus, Elizabeth) |
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