Eduardo Ortega v. Stelvio Transport, LLC et al
| Eduardo Ortega |
| Stelvio Transport, LLC, Amazon Logistics, Inc. and Does 1 through 100 |
| 5:2022cv01320 |
| July 28, 2022 |
| US District Court for the Central District of California |
| Charles F Eick |
| Otis D Wright |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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Filing 25
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER STAYING CASE PURSUANT TO STIPULATION #24 . Pursuant to the parties Joint Stipulation to Stay the Case, this case is hereby STAYED for all purposes through and including January 17, 2023. Subject to the exception in the following paragraph, all pending dates and deadlines in the action, including the October 3, 2022 Scheduling Conference, are VACATED. On or before January 3, 2023, the parties shall file a joint status report with the Court informing the Court of the status of settlement efforts. That said, the Court's September 15, 2022 Minute Order, (ECF No. 23.) is not discharged. That Minute Order requested briefing on, among other things, the propriety of a stay given the pendency of Johnson and Wells. The parties' Stipulation, by contrast, requests a stay for thepurpose of allowing time for settlement, with no mention of the pendency of Johnson and Wells. Therefore, the Court's September 15, 2022 Minute Order remains in full effect. (lc)
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| Filing 24 STIPULATION to Stay Case pending Settlement filed by Defendant Amazon Logistics, Inc.. (Attachments: #1 Proposed Order)(Hyde, Samuel) |
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Filing 23
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:ORDER TO SHOW CAUSE re: Forum Non Conveniens and Stay. Having reviewed the record of this case, the Court notes several indicia suggesting that either (1) the Southern District of California, in which San Diego is located, or (2) the Superior Court of San Diego, would be a more convenient forum for this action. Accordingly, the Court ORDERS the parties TO SHOW CAUSE why this action should not be dismissed due toinconvenient forum (forum non conveniens). Moreover, should forum non conveniens dismissal be inappropriate, the Court notes that the pendency of multiple overlapping actions in multiple fora may lead to inconsistent or conflicting outcomes, which is contrary to judicial policy favoring finality and efficiency. Accordingly, the Court further ORDERS the parties TO SHOW CAUSE why the case should not be stayed pending the outcomes of Johnson and Wells. In satisfaction of their obligations under this Order to Show Cause, each party is to file a Response brief addressing the aforementioned issues. Response briefs are limited to ten (10) pages and are due no later than October 6, 2022. Then, each party is permitted to file a Reply brief replying to each of their opponents Response briefs.1 Reply briefs are limited to eight (8) pages and are due no later than October 13, 2022. The parties are permitted to submit declarations or other evidence in support of their contentions. Failure to timely and adequately file a Response pursuant to this Order to Show Cause may be deemed a concession that forum non conveniens dismissal or a stay is appropriate. Failure to file a Reply brief may be deemed a concession to an opponent's assertions. (lc)
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| Filing 22 ANSWER to Complaint - (Discovery), and Affirmative Defenses filed by Defendant Amazon Logistics, Inc..(Hyde, Samuel) |
| Filing 21 Notice of Withdrawal of Motion to Compel Arbitration,,,, #19 filed by Defendant Amazon Logistics, Inc.. (Hyde, Samuel) |
| Filing 20 JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration #19 , Dismiss Class Claims, and Stay Proceedings filed by Defendant Amazon Logistics, Inc.. (Attachments: #1 Proposed Order)(Hyde, Samuel) |
| Filing 19 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Stelvio Transport, LLC. Motion set for hearing on 9/19/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Stelvio Transport, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #2 Declaration of Christine Hummell in Support of Defendant Stelvio Transport, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #3 Exhibit 1 to Hummell Decl., #4 Exhibit 2 to Hummell Decl., #5 Exhibit 3 to Hummell Decl., #6 Declaration of Prateek Khanna in Support of Defendant Stelvio Transport, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action, #7 Exhibit 1 to Khanna Decl., #8 Proposed Order Granting Defendant Stelvio Transport, LLC's Motion to Compel Individual Arbitration, Dismiss Class Claims, and Dismiss or Stay Action) (Johnson, Timothy) |
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Filing 18
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Margo A. Rocconi. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Margo A. Rocconi to Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-01320 ODW(Ex). (rn)
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| Filing 17 NOTICE of Interested Parties filed by Defendant Amazon Logistics, Inc., identifying Eduardo Ortega, Stelvio Transport, LLC, Amazon Logistics, Inc., Amazon.com, Inc.. (Hyde, Samuel) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Defendant Amazon Logistics, Inc. (Hyde, Samuel) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Amazon Logistics, Inc. answer now due 8/15/2022, filed by Defendant Amazon Logistics, Inc..(Hyde, Samuel) |
| Filing 14 NOTICE of Related Case(s) filed by Defendant Stelvio Transport, LLC. Notice of Pendency of Other Actions or Proceedings Related Case(s): 37-2021-00006153-CU-OE-CTL; 37-2021-00009951-CU-OE-CTL (Johnson, Timothy) |
| Filing 13 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for October 3, 2022 at 1:30 p.m. (lom) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details (lom)
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| Filing 11 CERTIFICATE OF SERVICE filed by Defendant Stelvio Transport, LLC, re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #8 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Certificate/Notice of Interested Parties #3 served on July 29, 2022. (Johnson, Timothy) |
| Filing 10 PROOF OF SERVICE filed by Defendant Amazon Logistics, Inc., re Joinder (non-motion) #5 , Notice of Appearance #4 , Notice of Appearance #6 served on July 28, 2022. (Hyde, Samuel) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 8 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 Margo A. Rocconi for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Otis D. Wright, II. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-01320 ODW (MARx). (lh) |
| Filing 7 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #4 , Notice of Appearance #6 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Amazon Logistics, Inc., Does, Stelvio Transport, LLC. Jury Demanded, filed by Plaintiff Eduardo Ortega. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 4/15/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Eduardo Ortega, upon Defendant Stelvio Transport, LLC acknowledgment sent by Plaintiff on 6/2/2022, answer due 6/23/2022. Acknowledgment of Service signed by Tim L. Johnson, Attorney. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| NON-CONFORMED COPY OF ANSWER to Complaint, filed by Defendant Stelvio Transport, LLC. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| Filing 6 NOTICE of Appearance filed by attorney Philip I. Person on behalf of Defendant Amazon Logistics, Inc. (Attorney Philip I. Person added to party Amazon Logistics, Inc.(pty:dft))(Person, Philip) |
| Filing 5 JOINDER filed by Defendant Amazon Logistics, Inc. joining in Notice of Removal (Attorney Civil Case Opening),,, #1 . (Hyde, Samuel) |
| Filing 4 NOTICE of Appearance filed by attorney Samuel Sherman Hyde on behalf of Defendant Amazon Logistics, Inc. (Attorney Samuel Sherman Hyde added to party Amazon Logistics, Inc.(pty:dft))(Hyde, Samuel) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Stelvio Transport, LLC, identifying Amazon Logistics, Inc.. (Johnson, Timothy) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Stelvio Transport, LLC. (Johnson, Timothy) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIV SB 2207825 Receipt No: ACACDC-33712022 - Fee: $402, filed by Defendant Stelvio Transport, LLC. (Attachments: #1 Declaration of Christine Hummell in Support of Defendant Stelvio Transport, LLC's Notice of Removal of Class Action, #2 Declaration of Tim L. Johnson in Support of Defendant Stelvio Transport, LLC's Notice of Removal of Class Action, #3 Exhibit A to Declaration of Tim L. Johnson, #4 Exhibit B to Declaration of Tim L. Johnson, #5 Exhibit C to Declaration of Tim L. Johnson, #6 Exhibit D to Declaration of Tim L. Johnson, #7 Exhibit 1 to Declaration of Tim L. Johnson) (Attorney Timothy L Johnson added to party Stelvio Transport, LLC(pty:dft))(Johnson, Timothy) |
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