Jordan Miller v. CarMax Auto Superstores California, LLC et al
| Jordan Miller |
| CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc. and Does 1 through 10, inclusive |
| 5:2021cv01632 |
| September 27, 2021 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| John A Kronstadt |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ORDER RE STIPULATION TO SUBMIT INDIVIDUAL CLAIMS TO BINDING ARBITRATION ON INDIVIDUALIZED BASIS AND TO DISMISS ACTION WITHOUT PREJUDICE (DKT. 27) by Judge John A. Kronstadt. Plaintiff Jordan Miller shall submit on an individualized basis his individual claims pending in the instant action, including his individual wage and hour and individual PAGA claims, to final and binding arbitration between the parties pursuant to Millers Dispute Resolution Agreement with CarMax dated November 8, 2016, and the associated CarMax Dispute Resolution Rules and Procedures. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the entire action is dismissed without prejudice. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (yl)
|
| Filing 27 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by Defendants CarMax Auto Superstores California, LLC. (Attachments: #1 [PROPOSED] ORDER TO SUBMIT INDIVIDUAL CLAIMS TO BINDING ARBITRATION ON INDIVIDUALIZED BASIS AND TO DISMISS ACTION WITHOUT PREJUDICE.)(Sholkoff, Jack) |
|
Filing 26
(IN CHAMBERS) TEXT-ONLY ORDER CALLING FOR STATUS REPORT by Judge John A. Kronstadt: In light of the recent decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) ("Viking River Cruises"), and the matters pending in this action, within 10 days of the issuance of this Order, the parties shall meet and confer and then file a joint status report stating their collective and/or respective position(s) regarding the effect of Viking River Cruises on the matters pending in this action. If one or both parties conclude that supplemental briefing should be submitted on any pending matters, the Joint Report shall include a proposed schedule for the filing of such brief(s). Based on a review of the joint status report, a determination will be made as to further proceedings in this action, including any schedule for supplemental briefing on the pending matters. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY.
|
|
Filing 25
(IN CHAMBERS) TEXT-ONLY ORDER TAKING PLAINTIFF'S MOTION FOR REMAND (DKT. #19 ) UNDER SUBMISSION by Judge John A. Kronstadt: Based on a review of the matters raised with respect to Plaintiff's Motion for Remand (the "Motion" (Dkt. #19 )) and in light of the prior order (Dkt. 17), it has been determined that the Motion can be decided without oral argument. Local Rule 7.15. The Motion, which was noticed for hearing on April 25, 2022, has been taken under submission, with the April 25, 2022 hearing taken off calendar. No appearance by counsel is necessary on April 25, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc1) TEXT ONLY ENTRY.
|
| Filing 24 REPLY AND PARTIAL OPPOSITION TO PLAINTIFFS APPLICATION to Dismiss CLASS AND INDIVIDUAL CLAIMS WITHOUT PREJUDICE #18 filed by Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc.. (Attachments: #1 Declaration of Jennifer L. Katz in Support of Defendants' Response and Partial Opposition to Plainitff's Application to Dismiss Class and Individual Claims Without Prejudice)(Katz, Jennifer) |
| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California, County of Orange #19 filed by Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc.. (Attachments: #1 Declaration of Jennifer L. Katz in Support of Defendants' Opposition to Plainitff's Motion for Remand)(Katz, Jennifer) |
| Filing 22 CERTIFICATATION AND NOTICE of Interested Parties filed by Plaintiff Jordan Miller, (Nabiev, Enzo) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California, County of Orange filed by Plaintiff Jordan Miller #19 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel shall file the Notice of Interested Parties on or before 12/30/2021. Failure to file the notice may result in the document being stricken. 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. (jp) |
|
Filing 20
(IN CHAMBERS) ORDER SETTING HEARING ON PLAINTIFF JORDAN MILLER'S MOTION FOR REMAND (DKT. #19 ) by Judge John A. Kronstadt: Plaintiff failed to provide a hearing date for the motion. Counsel are directed to refer to the Motion Calendar under this Court's 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, schedules the Motion for April 25, 2022 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule of motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
|
| Filing 19 NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California, County of Orange filed by Plaintiff Jordan Miller. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION TO REMAND) (Nabiev, Enzo) |
| Filing 18 APPLICATION to Dismiss CLASS AND INDIVIDUAL CLAIMS WITHOUT PREJUDICE filed by plaintiff Jordan Miller. (Attachments: #1 Declaration DECLARATION OF ENZO NABIEV IN SUPPORT OF PLAINTIFFS APPLICATION FOR DISMISSAL OF CLASS AND INDIVIDUAL CLAIMS WITHOUT PREJUDICE, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS APPLICATION TO DISMISS CLASS AND INDIVIDUAL CLAIMS WITHOUT PREJUDICE) (Nabiev, Enzo) |
|
Filing 17
(IN CHAMBERS) TEXT-ONLY ORDER RE JOINT RULE 16(b)/26(f) REPORT (DKT. #11 ) by Judge John A. Kronstadt: Based on a review of the parties' Joint Rule 16(b)/26(f) Report (the "Report" (Dkt. #11 ), the issuing of a scheduling order is deferred pending resolution of the disputed matters set forth in the Report. On or before December 21, 2021, Plaintiff shall file (1) an application for dismissal of the individual and putative class action claims without prejudice as well as a proposed order and (2) a motion to remand the remaining claim(s). Defendant shall file any opposition to the application for dismissal and/or the motion to remand on or before January 11, 2022. No reply is necessary. Following Defendant's filing, the application and motion will be taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
|
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #15 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Federal Court caption, case number and judge's initials should be included in the caption of the attached document. 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. (bm) |
| Filing 15 ANSWER to Amended Complaint/Petition #14 filed by Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc..(Sholkoff, Jack) |
| Filing 14 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), filed by Plaintiff: Jordan Miller Jordan Miller (Nabiev, Enzo) |
|
Filing 13
ORDER RE JOINT STIPULATION AND FOR LEAVE TO FILE FIRSTAMENDED COMPLAINT (DKT. 12) by Judge John A. Kronstadt, the Stipulation is APPROVED IN PART. Plaintiff shall file the First Amended Complaint as a separate docket entry. re Stipulation for Leave #12 . See Order for further specifics. (jp)
|
| Filing 12 Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff: Jordan Miller Jordan Miller. (Attachments: #1 Exhibit A, #2 Proposed Order)(Nabiev, Enzo) |
| Filing 11 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 - 20 days, filed by Plaintiff Jordan Miller.. (Attachments: #1 Exhibit A)(Nabiev, Enzo) |
| Filing 10 CERTIFICATE OF SERVICE filed by Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc., served on October 1, 2021. (Katz, Jennifer) |
|
Filing 9
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 11/12/2021. (jre)
|
| Filing 8 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (jre) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| 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 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 John A. Kronstadt. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-01632 JAK (SHKx). (lh) |
| NON-CONFORMED COPY OF CLASS ACTION COMPLAINT against Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc., Does, filed by Plaintiff Jordan Miller. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Class Action Complaint, filed by Defendants CarMax Auto Superstores California, LLC, CarMax Auto Superstores, Inc. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 9/24/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS PURSUANT TO LOCAL RULE 83-1.4 filed by Defendants CarMax Auto Superstores, Inc., Carmax Auto Superstores California, LLC. (Katz, Jennifer) |
| Filing 3 DISCLOSURE STATEMENT IN COMPLIANCE WITH FED. R. CIV. P. 7.1 AND LOCAL RULE 7.1-1 AND NOTICE of Interested Parties filed by Defendants CarMax Auto Superstores, Inc., Carmax Auto Superstores California, LLC, (Katz, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed by Defendants CarMax Auto Superstores, Inc., Carmax Auto Superstores California, LLC. (Katz, Jennifer) |
| Filing 1 NOTICE OF REMOVAL Receipt No: ACACDC-32054884 - Fee: $402, filed by Defendants CarMax Auto Superstores, Inc., Carmax Auto Superstores California, LLC. (Attachments: #1 Exhibit "A" Summons and Class Action Complaint, #2 Exhibit "B" Defendants' Answer to Plaintiff's Class Action Complaint, #3 Declaration of Lee Ann Wilson in Support of Defendants' Removal of Civil Action to United States District Court, #4 Declaration of R. Wilson Hulcher, Jr. in Support of Defendants' Removal of Civil Action to United States District Court, #5 Declaration of Jennifer L. Katz in Support of Defendants' Removal of Civil Action to United States District Court, #6 Declaration of Brandon Swaim in Support of Defendants' Removal of Civil Action to United States District Court) (Attorney Jennifer Lindsay Katz added to party CarMax Auto Superstores, Inc.(pty:dft), Attorney Jennifer Lindsay Katz added to party Carmax Auto Superstores California, LLC(pty:dft))(Katz, Jennifer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
