Gabriela Escriba v. Communications Test Design, Inc. et al
Gabriella Escriba and Gabriela Escriba |
Communications Test Design, Inc., Protech Staffing Services, Inc. and Does 1 through 50, inclusive |
5:2021cv01326 |
August 6, 2021 |
US District Court for the Central District of California |
Andre Birotte |
Kenly Kiya Kato |
Labor: Other |
28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
Plaintiff |
Docket Report
This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 28 ORDER RE: JURY/COURT TRIAL - I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr. The Scheduling Order governing this case is set forth in the Schedule of Pretrial and Trial Dates chart below. See attached SCHEDULE OF PRETRIAL AND TRIAL DATES for deadlines and other information. (lom) |
Filing 27 ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. 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 6/30/2023. (cb) |
Filing 26 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the November 5, 2021, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Gabriela Escriba.. (Spivak, David) |
Filing 24 ANSWER to Amended Complaint, filed by Defendant Protech Staffing Services, Inc..(Chan, Lyle) |
Filing 23 ORDER ON JOINT STIPULATION REGARDING PLAINTIFF'S SEVENTH CAUSE OF ACTION #22 by Judge Andre Birotte Jr. After dismissal without prejudice of the uncertified class allegations and Plaintiffs individual claims as set forth in the First Amended Complaint, and the First through Sixth Causes of Action thereto, Plaintiffs Seventh Cause of Action for civil penalties pursuant to California Labor Code sections 2698, et seq., has not been dismissed and Plaintiff intends to proceed on her claims and allegations as to the Seventh Cause of Action as set forth in the First Amended Complaint. (iv) |
Filing 22 Joint STIPULATION for Order Regarding Plaintiff's Seventh Cause of Action Pursuant to the Court's September 21, 2021 Order filed by defendant Protech Staffing Services, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation Regarding Plaintiff's Seventh Cause of Action)(Chan, Lyle) |
Filing 21 ORDER ON JOINT STIPULATION FOR DISMISSAL OF INDIVIDUAL AND CLASS CLAIMS WITHOUT PREJUDICE by Judge Andre Birotte Jr.: The Court dismisses without prejudice Plaintiffs claims relating to the uncertified class allegations and Plaintiff's individual claims as set forth in the First Amended Complaint, and the First through Sixth Causes of Action thereto. Because it is not clear whether the Stipulation #19 is intended to dismiss the Seventh Cause of Action, the parties are ORDERED to file a further Stipulation and Proposed Order addressing that no later than 9/27/2021. (gk) |
Filing 20 NOTICE of Interested Parties filed by Defendant Protech Staffing Services, Inc., identifying None. (Chan, Lyle) |
Filing 19 Joint STIPULATION to Dismiss Case pursuant to arbitration agreement and FRCP 41(a)(1)(A)(ii) filed by defendant Protech Staffing Services, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation for Dismissal of Individual and Class Claims Without Prejudice)(Chan, Lyle) |
Filing 18 DEMAND for Jury Trial filed by Plaintiff Gabriela Escriba.. (Spivak, David) |
Filing 17 NOTICE of Interested Parties filed by Plaintiff Gabriela Escriba, (Spivak, David) |
Filing 16 STIPULATION Extending Time to Answer the complaint as to Protech Staffing Services, Inc. answer now due 9/13/2021, filed by defendant Protech Staffing Services, Inc..(Attorney Lyle M Chan added to party Protech Staffing Services, Inc.(pty:dft))(Chan, Lyle) |
Filing 15 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/5/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb) |
Filing 14 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) |
Filing 12 ANSWER to Amended Complaint, First filed by Defendant Communications Test Design, Inc..(Peterson, Leah) |
Filing 13 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:21-cv-01001 AB(KKx). Case transferred from Judge John W. Holcomb and Magistrate Judge Sheri Pym to Judge Andre Birotte Jr and Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:21-cv-01326 AB(KKx). Signed by Judge Andre Birotte Jr (rn) |
Filing 11 PROOF OF SERVICE filed by Defendant Communications Test Design, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #10 , Notice of Assignment to United States Judges(CV-18) - optional html form #8 served on August 9, 2021. (Peterson, Leah) |
Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
Filing 8 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Sheri Pym. (car) |
CONFORMED COPY OF COMPLAINT against Defendants Communications Test Design, Inc., Does 1 through 50, inclusive, Protech Staffing Services, Inc. Jury Demanded, filed by Plaintiff Gabriela Escriba. Filed in State Court on 8/6/2021 Submitted with Attachment 2 Exhibit A to Notice of Removal #1 (car) |
CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Gabriela Escriba, upon Defendant Protech Staffing Services, Inc. served on 7/9/2021, answer due 7/30/2021. Service of the Summons and Complaint were executed upon Francine Longacce (Receptionist) Person In Charge of Office 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 on 8/6/2021 Submitted with Attachment 4 Exhibit H to Document #7 (car) |
CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Gabriela Escriba, upon Defendant Communications Test Design, Inc. served on 7/9/2021, answer due 7/30/2021. Service of the Summons and Complaint were executed upon CSC - Trudy Desbiens - Person Authorized to Accept 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 on 7/13/2021 Submitted with Attachment 3 Exhibit G to Document #7 (car) |
CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Communications Test Design, Inc., Does 1 through 50, inclusive, Protech Staffing Services, Inc. amending Complaint - (Discovery),, filed by Plaintiff Gabriela Escriba. Filed in State Court on 7/30/2021 Submitted with Attachment 5 Exhibit I to Document #7 (car) |
Filing 7 NOTICE OF ERRATA filed by Defendant Communications Test Design, Inc.. correcting Notice of Removal (Attorney Civil Case Opening),, #1 (Attachments: #1 Declaration Amended Decl of L Peterson ISO Removal, #2 Exhibit Ex A-F to dec of LPeterson already filed ISO Removal, #3 Exhibit Ex G to Amd Dec of L Peterson, #4 Exhibit Ex H to Amd Dec of L Peterson, #5 Exhibit Ex I to Amd Dec of L Peterson)(Peterson, Leah) |
Filing 6 PROOF OF SERVICE filed by Defendant Communications Test Design, Inc., re Corporate Disclosure Statement #5 , Notice of Related Case(s) #4 , Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 served on August 6, 2021. (Peterson, Leah) |
Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant Communications Test Design, Inc. (Peterson, Leah) |
Filing 4 NOTICE of Related Case(s) filed by Defendant Communications Test Design, Inc.. Related Case(s): :21-cv-01001-AB-KK (Peterson, Leah) |
Filing 3 NOTICE of Interested Parties filed by Defendant Communications Test Design, Inc., identifying Plaintiff Gabriela Escriba; Def. Communications Test Design, Inc.; Defendant Protech Staffing Services, Inc. (Peterson, Leah) |
Filing 2 CIVIL COVER SHEET filed by Defendant Communications Test Design, Inc.. (Peterson, Leah) |
Filing 1 NOTICE OF REMOVAL from Superior Court of San Bernardino County, case number CIV SB 2115512 Receipt No: ACACDC-31761488 - Fee: $402, filed by Defendant Communications Test Design, Inc.. (Attachments: #1 Declaration of L Peterson ISO Removal, #2 Exhibit Ex A to Dec of L Peterson, #3 Exhibit Ex B to Dec of L Peterson, #4 Exhibit Ex C to Dec of L Peterson, #5 Exhibit Ex D to Dec of L Peterson, #6 Exhibit Ex E to Dec of L Peterson, #7 Exhibit Ex F to Dec of L Peterson, #8 Declaration of K Montone ISO Removal) (Attorney Leah Elizabeth Peterson added to party Communications Test Design, Inc.(pty:dft))(Peterson, Leah) |
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