Samuel Wyatt v. Union Pacific Railroad Company et al
| Samuel Wyatt |
| Union Pacific Railroad Company, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, Brotherhood of Locomotive Engineers and Trainmen, SMART TD Local 240, Gary Crest, Randy Starling, Brotherhood of Locomotive Engineers and Trainmen Division 660 and Does 1 through 250, inclusive |
| 5:2021cv01609 |
| September 21, 2021 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Sheri Pym |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER by Judge Virginia A. Phillips: granting #22 Non-Resident Attorney Diehl-Gibbons, Erika A. APPLICATION to Appear Pro Hac Vice on behalf of SMART-TD, SMART-TD GCA GO-887, SMART-TD Local 1846, SMART-TD Local 240, G. Crest, R. Starling, designating Wojciechowski, Jason L. as local counsel. (yl)
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| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Defendant Brotherhood of Locomotive Engineers and Trainmen filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. Motion set for hearing on 12/13/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order Granting Motion to Dismiss) (Gauger, Matthew) |
| Filing 40 REQUEST for Leave of Ms. Erika A. Diehl-Gibbons to Appear for Telephonic filed by Defendants SMART-TD, SMART-TD GO-877, SMART-TD Local 1846, SMART-TD Local 240, Gary Crest, and Randy Starling Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. Request set for hearing on 12/13/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING REQUEST TO APPEAR TELEPHONICALLY, #2 Proof of Service) (Wojciechowski, Jason) |
| Filing 39 MINUTES (IN CHAMBERS) by Judge Virginia A. Phillips: RE: MOTIONS TO DISMISS. The SMART-TD Union Defendants filed their renewed motion to dismiss on November 1, 2021 and set if for hearing on November 29, 2021 #33 . On November 5, 2021, Defendant Brotherhood of Locomotive Engineers and Trainmen ("BLET") filed a motion for extension of time to re-file its motion to dismiss. The Court Court GRANTS Defendant BLET's motion for extension of time #37 . On the Court's own motion, the Court CONTINUES the hearing on the SMARTTD Union Defendants' motion to dismiss and sets that hearing, and Defendant BLET's motion to dismiss for a hearing, on December 13, 2021 at 2:00 p.m. The Court sets thefollowing briefing schedule: Defendant BLET shall file its renewed motion to dismiss by no later than November 15, 2021 at 4:00 p.m. Plaintiff shall file his oppositions to both motions by no later than November 22, 2021 at 4:00 p.m. Defendant BLET and the SMART-TD Union Defendants shall file theirreplies to Plaintiffs oppositions by no later than November 29, 2021. (lc) |
| Filing 38 APPLICATION of Non-Resident Attorney Erika A. Diehl-Gibbons to Appear Pro Hac Vice on behalf of Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling (Pro Hac Vice Fee - $500.00 Previously Paid on 10/14/2021, Receipt No. ACACDC32150541) filed by Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Attachments: #1 Proposed Order) (Wojciechowski, Jason) |
| Filing 37 NOTICE OF MOTION AND MOTION for Extension of Time to File Motion to Dismiss filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. Motion set for hearing on 12/13/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Declaration of Matthew J. Gauger in Support of Motion for Extension, #2 Proposed Order Granting Motion for Extension) (Gauger, Matthew) |
| Filing 36 NOTICE of Change of firm name and address by Dimitre James Petroff attorney for Defendant Brotherhood of Locomotive Engineers and Trainmen. Changing firm name to Wentz, McInerney, Peifer & Petroff, LLC and address to 3311 Bear Pointe Cir., Powell, OH 43065. Filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre) |
| Filing 35 NOTICE of Change of firm name and address by Joshua David McInerney attorney for Defendant Brotherhood of Locomotive Engineers and Trainmen. Changing firm name to Wentz, McInerney, Peifer & Petroff, LLC and address to 3311 Bear Pointe Cir., Powell, OH 43065. Filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (McInerney, Joshua) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #33 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The date and time was not selected while placing the motion to dismiss on the docket.. 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) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jason Wojciechowski, #3 Proposed Order, #4 Proof of Service) (Gottlieb, Ira) |
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Filing 32
ORDER GRANTING MOTION FOR EXTENSION OF TIME, #31 by Judge Virginia A. Phillips: The Court hereby GRANTS the SMART-TD Union Defendants Motion for Extension of Time and deems their renewed Motion to Dismiss to have been timely filed, with a hearing date of November 29, 2021, as stated in the Motion. Counsel for defendants shall promptly file the attached Motion to Dismiss following receipt of this Order. IT IS SO ORDERED. See order for more information. (shb)
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| Filing 31 NOTICE OF MOTION AND MOTION for Extension of Time to File Motion to Dismiss filed by Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. Motion set for hearing on 11/29/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Re: Motion for Extension, #2 Motion to Dismiss, #3 Memorandum of Points and Authorities, #4 Proposed Order Re: Motion to Dismiss, #5 Declaration of Jason Wojciechowski, #6 Proof of Service) (Wojciechowski, Jason) |
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Filing 30
ORDER by Judge Virginia A. Phillips: granting #27 Non-Resident Attorney Brodar, Kevin C. APPLICATION to Appear Pro Hac Vice on behalf of SMART-TD, SMART, SMART-TD Local 1846, SMART-TD Local 240, G. Crest, R. Starling, designating Wojciechowski, Jason L. as local counsel. (yl)
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Filing 28
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 1/3/2022 at 01:30 PM before Judge Virginia A. Phillips. (cch)
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Filing 29
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Virginia A. Phillips: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Dismiss Case #23 , NOTICE OF MOTION AND MOTION to Dismiss Case #25 , Memorandum in Support of Motion #26 for the following reasons: No compliance with Local Rule 7-3: Conference of Counsel Prior to Filing of Motions. (lom)
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| Filing 27 APPLICATION of Non-Resident Attorney Kevin C. Brodar to Appear Pro Hac Vice on behalf of Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32168464) filed by Defendant Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Attachments: #1 Proposed Order) (Wojciechowski, Jason) |
| Filing 26 STRICKEN, see docket entry no. 29 - MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Exhibit A)(Gauger, Matthew) Modified on 10/20/2021 (lom). |
| Filing 25 STRICKEN, see docket entry no. 29 - NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. Motion set for hearing on 11/15/2021 at 02:00 PM before Judge Virginia A. Phillips. (Gauger, Matthew) Modified on 10/20/2021 (lom). |
| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Erika A. Diehl-Gibbons to Appear Pro Hac Vice on behalf of Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Lo #22 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
| Filing 23 STRICKEN, see docket entry no. 29 - NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Attachments: #1 Memorandum with exhibits, #2 Proposed Order, #3 Proof of Service) (Gottlieb, Ira) Modified on 10/20/2021 (lom). |
| Filing 22 APPLICATION of Non-Resident Attorney Erika A. Diehl-Gibbons to Appear Pro Hac Vice on behalf of Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32150541) filed by Defendant Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Attachments: #1 Proposed Order) (Wojciechowski, Jason) |
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Filing 21
ORDER by Judge Virginia A. Phillips: granting #15 Non-Resident Attorney McInerney, Joshua David APPLICATION to Appear Pro Hac Vice on behalf of Brotherhood of Locomotive Engineers and Trainmen, designating Gauger, Matthew J. as local counsel. (yl)
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Filing 20
ORDER by Judge Virginia A. Phillips: granting #14 Non-Resident Attorney Petroff, Dimitre James APPLICATION to Appear Pro Hac Vice on behalf of Brotherhood of Locomotive Engineers and Trainmen, designating Gauger, Matthew J. as local counsel. (yl)
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| Filing 19 TEXT ONLY NOTICE RE: Application of Non-Resident Attorney #17 & #18 . In compliance with Central District of California's Local Rule 5-4.4.2, counsel shall email the Applications in PDF format and the proposed orders in Microsoft Word to the Judge's generic chambers email, no later than 4:00 pm of 10/12/21. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 18 APPLICATION of Non-Resident Attorney Joshua David McInerney to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500.00 Previously Paid on 10/7/2021, Receipt No. 32114483) filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Gauger, Matthew) |
| Filing 17 APPLICATION of Non-Resident Attorney Dimitre James Petroff to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500.00 Previously Paid on 10/7/2021, Receipt No. 32114384) filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Gauger, Matthew) |
| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joshua David McInerney to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32114483) #15 , APPLICATION of Non-Resident Attorney Dimitre James Petroff to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32114384) #14 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. (lt) |
| Filing 15 APPLICATION of Non-Resident Attorney Joshua David McInerney to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32114483) filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Gauger, Matthew) |
| Filing 14 APPLICATION of Non-Resident Attorney Dimitre James Petroff to Appear Pro Hac Vice on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32114384) filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Gauger, Matthew) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division answer now due 10/15/2021; SMART TD Local 240 answer now due 10/15/2021; Randy Starling answer now due 10/15/2021; Gary Crest answer now due 10/15/2021; SMART TD GO877 answer now due 10/15/2021; SMART TD Local 1846 answer now due 10/15/2021, filed by Defendants International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division; SMART TD Local 240; Randy Starling; Gary Crest; SMART TD GO877; SMART TD Local 1846.(Gottlieb, Ira) |
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Filing 13
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)
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| Filing 11 Amended NOTICE of Appearance filed by attorney Matthew J Gauger on behalf of Defendant Brotherhood of Locomotive Engineers and Trainmen (Gauger, Matthew) |
| Filing 10 NOTICE OF ERRATA filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. correcting Notice of Appearance or Withdrawal of Counsel (G-123),,, #8 (Gauger, Matthew) |
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Virginia A. Phillips for all further proceedings. Case number now reads as 5:21-cv-01609 VAP(SPx). (rn)
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| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew J Gauger counsel for Defendants Brotherhood of Locomotive Engineers and Trainmen Division 660, Brotherhood of Locomotive Engineers and Trainmen. Adding Matthew J. Gauger as counsel of record for Brotherhood of Locomotive Engineers and Trainmen; Brotherhood of Locomotive Engineers and Trainmen Division 660 for the reason indicated in the G-123 Notice. Filed by Defendant Brotherhood of Locomotive Engineers and Trainmen; Brotherhood of Locomotive Engineers and Trainmen Division 660. (Attorney Matthew J Gauger added to party Brotherhood of Locomotive Engineers and Trainmen Division 660(pty:dft), Attorney Matthew J Gauger added to party Brotherhood of Locomotive Engineers and Trainmen(pty:dft))(Gauger, Matthew) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| 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 Christina A. Snyder. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-01609 CAS (SPx). (esa) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Jason Wojciechowski counsel for Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. Adding Jason Wojciechowski as counsel of record for International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART-TD GO-877, SMART-TD Local 1846, SMART-TD Local 240, Gary Crest, and Randy Starling for the reason indicated in the G-123 Notice. Filed by Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART-TD GO-877, SMART-TD Local 1846, SMART-TD Local 240, Gary Crest, and Randy Starling. (Attorney Jason Wojciechowski added to party Gary Crest(pty:dft), Attorney Jason Wojciechowski added to party International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division(pty:dft), Attorney Jason Wojciechowski added to party SMART TD GO877(pty:dft), Attorney Jason Wojciechowski added to party SMART TD Local 1846(pty:dft), Attorney Jason Wojciechowski added to party SMART TD Local 240(pty:dft), Attorney Jason Wojciechowski added to party Randy Starling(pty:dft))(Wojciechowski, Jason) |
| CONFORMED COPY OF COMPLAINT against defendants Brotherhood of Locomotive Engineers and Trainmen Division 660, Gary Crest, Does, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling, Union Pacific Railroad Company, Jury Demanded, filed by plaintiff Samuel Wyatt. (filed in state court 3/23/2021, submitted as document 1, attachment 1) (esa) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling, identifying 1. International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division; 2. SMART-TD GO-877; 3. SMART-TD Local 1846; 4. SMART-TD Local 240; 5. Gary Crest, an individual; 6. Randy Starling, an individual. (Gottlieb, Ira) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Gary Crest, International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD GO877, SMART TD Local 1846, SMART TD Local 240, Randy Starling. (Gottlieb, Ira) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California County of San Bernardino, case number CIVSB2108286 Receipt No: ACACDC-32023353 - Fee: $402, filed by Defendants International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division, SMART TD Local 240, Randy Starling, Gary Crest, SMART TD GO877, SMART TD Local 1846. (Attachments: #1 Exhibit) (Attorney Ira Lawrence Gottlieb added to party Gary Crest(pty:dft), Attorney Ira Lawrence Gottlieb added to party International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division(pty:dft), Attorney Ira Lawrence Gottlieb added to party SMART TD GO877(pty:dft), Attorney Ira Lawrence Gottlieb added to party SMART TD Local 1846(pty:dft), Attorney Ira Lawrence Gottlieb added to party SMART TD Local 240(pty:dft), Attorney Ira Lawrence Gottlieb added to party Randy Starling(pty:dft))(Gottlieb, Ira) |
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