Jose Ordaz v. McLane/Suneast, Inc. et al
| Jose Ordaz |
| McLane/Suneast, Inc., McLane Foodservice, Inc., McLane Foodservice Distribution, Inc., McLane Company, Inc., McLane Beverage Distribution, Inc. and DOES 1-50, inclusive |
| 5:2021cv01591 |
| September 17, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Virginia A Phillips |
| Sheri Pym |
| Labor: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER GRANTING STIPULATION TO CONTINUE PLAINTIFF'S DEADLINE TO FILE SECOND AMENDED COMPLAINT AND DEFENDANT McLANE/SUNEAST, INC.'S DEADLINE TO RESPOND THERETO #38 by Judge John W. Holcomb. The Stipulation shall be and hereby is GRANTED as follows: 1. Plaintiff's deadline to file his Second Amended Complaint ("SAC") against Defendant McLane/Suneast, Inc. (MSE) is EXTENDED to and including January 28, 2022. 2. Defendant MSE's deadline to serve and file any answer, motions, or other pleadings responsive to Plaintiff's SAC is EXTENDED to and including February 25, 2022. 3. Defendants McLane Foodservice, Inc. and McLane Foodservice Distribution, Inc., by virtue of Plaintiff's agreement to dismiss those entities from this action in filing his SAC, are hereby relieved of any obligation to file a responsive pleading in this action. See order for details. (lom)
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Filing 38
STIPULATION to Continue Plaintiff's deadline to file his Second Amended Complaint against 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 37
Second AMENDED COMPLAINT against McLane/Suneast, Inc. Jose Ordaz amending Amended Complaint/Petition #21 , filed by Plaintiff Jose Ordaz (Attachments: #1 Exhibit A)(Spivak, David)
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Filing 36
ORDER REGARDING PRE-TRIAL CONSOLIDATION OF MURDOCK AND ORDAZ ACTIONS by Judge John W. Holcomb #35 . The matter styled as Jose Ordaz v. McLane/Suneast, Inc., et al., C.D. Cal. Case No. 5:21-cv-01591-JWH-SPx, 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. (Made JS-6. Case Terminated.) Cases associated with Lead Case 5:21-cv-00657-JWH-SPx. (See order for further details) (yl)
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Filing 35
NOTICE OF LODGING filed [Proposed] Order Re Pre-Trial Consolidation of Murdock and Ordaz Actions re Text Only Scheduling Notice,, 29 (Attachments: #1 Exhibit A - (Proposed) Order)(Beverlin, Amy)
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Filing 34
ORDER GRANTING STIPULATION TO DISMISS MCLANE COMPANY, INC by Judge John W. Holcomb #33 . Specially Appearing Defendant McLane Company, Inc. (MCI) is DISMISSED from this action without prejudice. (See document for further details) (yl)
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Filing 33
STIPULATION to Dismiss Defendant McLane Company, Inc. filed by Defendants McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc., McLane Company, Inc.. (Attachments: #1 Proposed Order)(Beverlin, Amy)
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Filing 32
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 Court GRANTS Plaintiff leave to amend. Plaintiff is DIRECTED to file an amended complaint no later than January 14, 2022. 2. 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 Murdock v. McLane Suneast, Inc., Case No. 5:21-cv-00465-JWH-SPx. 3. Defendants' responsive pleading is due no later than February 4, 2022. Court Reporter: Terri Hourigan. (lom)
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Filing 31
ORDER DENYING MOTION OF PLAINTIFF TO REMAND PURSUANT TO 28 U.S.C. 1447 [ECF No. #11 ] by Judge John W. Holcomb: For the foregoing reasons, the Court hereby ORDERS as follows: The Court DENIES the Motion of the Plaintiff to Remand. The Court VACATES the hearing on the Motion on December 17, 2021, at 11:00 a.m., but the Status Conference scheduled at that time remains on calendar. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 30
STATUS REPORT for Murdock and Ordaz Actions filed by Plaintiff Jose Ordaz. (Messrelian, Maralle)
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Filing 29
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Plaintiff's Motion to Remand [ECF No. #11 ], is ordered CONTINUED from December 3, 2021 to December 17, 2021, at 11:00 a.m., via video conference. 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 28
OBJECTIONS to Reply (Motion related), #26 [Evidentiary] to Declaration of Maralle Messrelian In Support of Plaintiff's Reply In Support of Motion to Remand filed by Defendants McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Beverlin, Amy)
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Filing 27
OBJECTIONS to Reply (Motion related), #26 and Request to Strike and/or Disregard Portions of Plaintiff's Reply In Support of Motion to Remand filed by Defendants McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Beverlin, Amy)
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Filing 26
REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #11 filed by Plaintiff Jose Ordaz. (Attachments: #1 Declaration of Maralle Messrelian In Support Of Plaintiff Jose Ordaz's Reply In Support Of Motion To Remand Pursuant To 28 U.S.C. 1447; Memorandum Of Points And Authorities In Support Thereof)(Spivak, David)
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Filing 25
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANTS DEADLINE TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT PENDING RULING ON MOTION TO REMAND by Judge John W. Holcomb #23 . The Stipulation shall be and hereby is GRANTED as follows: 1. 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 the Courts Order denying Plaintiff's Motion to Remand Pursuant to 28 U.S.C. 1447 [ECF No. 11]. (See document for further details) (yl)
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Filing 24
REQUEST FOR JUDICIAL NOTICE In Further Support of Opposition to Motion to Remand filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Beverlin, Amy)
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Filing 23
STIPULATION for Extension of Time to File Answer to 21 days after entry of the Court's Order denying the Motion to Remand re Amended Complaint/Petition #21 filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Attachments: #1 Proposed Order)(Beverlin, Amy)
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Filing 22
STANDING ORDER by Judge John W. Holcomb. (iva)
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Filing 21
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff Jose Ordaz(Spivak, David)
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Filing 20
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-00657-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 19
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES Plaintiff's Motion to Remand [ECF No. #11 ] from Friday, November 12, 2021 to Friday, December 3, 2021, at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 18
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 17
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:21-cv-00465-JWH-SPx. Case transferred from Magistrate Judge Shashi H. Kewalramani and Judge Virginia A. Phillips 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-01591-JWH-SPx. Signed by Judge John W. Holcomb. (aco)
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Filing 16
Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #11 filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Attachments: #1 Declaration of Stephanie McAtee ISO Opposition to Motion to Remand, #2 Defendants' Objections to Plaintiff's Request for Judicial Notice ISO Plaintiff's Motion for Class Certification)(Kane, Matthew)
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Filing 15
NOTICE of Related Case(s) filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. And Pendency of Other Actions or Proceedings. Related Case(s): 5:21-cv-00465-JW (SPx); 5:21-cv-00657-FLA (KKx); San Bernardino Superior Court Case No. CIVSB2123367 (Attachments: #1 Exhibit A - Castaneda-Rivera SAC, #2 Exhibit B - Murdock Complaint, #3 Exhibit C - Castaneda-Rivera State Court Complaint)(Beverlin, Amy)
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Filing 14
DEMAND for Jury Trial filed by Plaintiff Jose Ordaz.. (Spivak, David)
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Filing 13
Plaintiff's Certification and Notice of Interested Parties filed by Plaintiff Jose Ordaz, identifying Jose Ordaz; McLane/SunEast, Inc.; McLane Company, Inc.; McLane Foodservice, Inc.; McLane Foodservice Distribution, Inc.; and McLane Beverage Distribution, Inc.. (Spivak, David)
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Filing 12
NOTICE of Errata re: Notice Of Motion And Motion To Remand Pursuant To 28 U.S.C. 1447; Memorandum Of Points And Authorities In Support Thereof filed by Plaintiff Jose Ordaz. (Spivak, David)
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Filing 11
NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Jose Ordaz. Motion set for hearing on 11/12/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Request For Judicial Notice In Support Of Plaintiffs Motion For Class Certification, #2 Declaration Of Maralle Messrelian In Support Of Plaintiffs Motion To Remand Pursuant To 28 U.S.C. 1447, #3 Proposed Order Granting Plaintiff Jose Ordazs Motion To Remand Pursuant To 28 U.S.C. 1447) (Spivak, David)
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Filing 10
ORDER ON JOINT STIPULATION SETTING PLAINTIFF'S DEADLINE TO FILE FIRST AMENDED COMPLAINT AND DEFENDANTS' DEADLINE TO RESPOND THERETO by Judge Virginia A. Phillips #9 . (yl)
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Filing 9
First STIPULATION for Extension of Time to File First Amended Complaint and Defendants' Deadline to Respond Thereto filed by Plaintiff Jose Ordaz. (Attachments: #1 Proposed Order Re: Stipulation Setting Plaintiff's Deadline to File First Amended Complaint and Defendants' Deadline to Respond Thereto)(Spivak, David)
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Filing 8
STANDING ORDER by Judge Virginia A. Phillips. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Virginia A. Phillips. ( See document for further details). (yl) Modified on 9/27/2021 (yl).
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Filing 7
STIPULATION Extending Time to Answer the complaint as to McLane Beverage Distribution, Inc. answer now due 10/15/2021; McLane Foodservice Distribution, Inc. answer now due 10/15/2021; McLane Foodservice, Inc. answer now due 10/15/2021; McLane/Suneast, Inc. answer now due 10/15/2021; McLane Company, Inc. answer now due 10/15/2021, filed by Defendants McLane Beverage Distribution, Inc.; McLane Foodservice Distribution, Inc.; McLane Foodservice, Inc.; McLane/Suneast, Inc.; McLane Company, Inc..(Attorney Amy E Beverlin added to party McLane Beverage Distribution, Inc.(pty:dft), Attorney Amy E Beverlin added to party McLane Company, Inc.(pty:dft), Attorney Amy E Beverlin added to party McLane Foodservice Distribution, Inc.(pty:dft), Attorney Amy E Beverlin added to party McLane Foodservice, Inc.(pty:dft), Attorney Amy E Beverlin added to party McLane/Suneast, Inc.(pty:dft))(Beverlin, Amy)
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Filing 6
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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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 Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Virginia A. Phillips. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-01591 VAP (SHKx). (jtil)
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CONFORMED COPY OF COMPLAINT filed by Plaintiff Jose Ordaz in San Bernardino Superior Court on 3/29/2021, attached as Exhibit A. (jtil)
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Filing 3
CERTIFICATE of Interested Parties filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc., identifying Berkshire Hathaway Inc.. (Kane, Matthew)
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Filing 2
CIVIL COVER SHEET filed by Defendants McLane Beverage Distribution, Inc., McLane Company, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc.. (Kane, Matthew)
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Filing 1
NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVSB2108567 with filing fee previously paid ($402 paid on 09/17/2021, receipt number ACACDC-32004754), filed by Defendants McLane Beverage Distribution, Inc., McLane Foodservice Distribution, Inc., McLane Foodservice, Inc., McLane/Suneast, Inc., McLane Company, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B-M - State Court Pleadings) (Attorney Matthew Charles Kane added to party McLane Beverage Distribution, Inc.(pty:dft), Attorney Matthew Charles Kane added to party McLane Company, Inc.(pty:dft), Attorney Matthew Charles Kane added to party McLane Foodservice Distribution, Inc.(pty:dft), 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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