Thomas Evans v. Cemex Construction Materials Pacific, LLC et al
| Thomas Evans |
| Cemex Inc, Cemex, Inc., Cemex USA, Cemex Construction Materials Pacific, LLC, Luis Lopez, Doe and Does 3 through 20, inclusive |
| 5:2022cv02189 |
| December 12, 2022 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Sunshine Suzanne Sykes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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Filing 25
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFFS MOTION TO REMAND [DKT. 18] by Judge Sunshine Suzanne Sykes: The Court concludes that Counsel for Evans failed to comply with Local Rule 7-3 by not engaging in an adequate meet and confer conference. Thus, the Court hereby DENIES without prejudice Evans Motion for Remand [Dkt. 18] for failure to comply with Local Rule 7-3. IT IS SO ORDERED. (shb)
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Filing 24
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion for Remand [Dkt. 18] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on February 10, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 23 NOTICE OF MOTION AND MOTION for Sanctions Defendants Cemex Construction Materials Pacific, LLC, Cemex USA, and Cemex, Inc. filed by Plaintiff Thomas Evans. Motion set for hearing on 3/3/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Exhibit A to Plaintiff's Motion for Sanctions, #2 Exhibit B to Plaintiff's Motion for Sanctions, #3 Proposed Order Granting Plaintiff's Motion for Sanctions, #4 Affidavit Certificate of Service re January 11, 2023, #5 Affidavit Certificate of Service re February 2, 2023) (DeRubertis, David) |
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Filing 22
ORDER GRANTING STIPULATION TO CONTINUE THE SCHEDULING CONFERENCE (Doc. #11) by Judge Sunshine Suzanne Sykes: The Court, having considered the Joint Stipulation to Continue the Scheduling Conference submitted by the Parties, hereby GRANTS the Stipulation and ORDERS as follows: 1. The current date of the Scheduling Conference set for February 10, 2023, will be vacated and the new date of the Scheduling Conference will be continued to March 17, 2023, at 1:00 p.m., with all related deadlines to follow the date of the new Scheduling Conference. IT IS SO ORDERED. (shb)
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| Filing 21 Joint STIPULATION to Continue Scheduling Conference from February 10, 2023 to March 10, 2023 Re: Initial Order Setting R26 Scheduling Conference - form only #11 filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex, Inc.. (Attachments: #1 Proposed Order Granting Stipulation To Continue The Scheduling Conference (Doc. #11))(Aparicio, Josue) |
| Filing 20 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #18 filed by Plaintiff Thomas Evans. (Attachments: #1 Exhibit C for Plaintiff's Reply in support of Plaintiff's Motion for Remand, #2 Exhibit D for Plaintiff's Reply in support of Plaintiff's Motion for Remand, #3 Exhibit E for Plaintiff's Reply in support of Plaintiff's Motion for Remand, #4 Exhibit F for Plaintiff's Reply in support of Plaintiff's Motion for Remand, #5 Exhibit G for Plaintiff's Reply in support of Plaintiff's Motion for Remand, #6 Exhibit H for Plaintiff's Reply in support of Plaintiff's Motion for Remand)(LaCour, Jonathan) |
| Filing 19 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #18 filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex, Inc.. (Attachments: #1 Declaration of Lisa M. Pooley in Support of Defendants Opposition to Plaintiff Motion for Remand, #2 Exhibit A to Pooley Declaration, #3 Exhibit B to Pooley Declaration, #4 Exhibit C to Pooley Declaration, #5 Exhibit D to Pooley Declaration, #6 Exhibit E to Pooley Declaration, #7 Exhibit F to Pooley Declaration, #8 Exhibit G to Pooley Declaration, #9 Exhibit H to Pooley Declaration, #10 Exhibit I to Pooley Declaration, #11 Exhibit J to Pooley Declaration, #12 Exhibit K to Pooley Declaration, #13 Exhibit L to Pooley Declaration, #14 Exhibit M to Pooley Declaration, #15 Exhibit N to Pooley Declaration, #16 Exhibit O to Pooley Declaration, #17 Exhibit P to Pooley Declaration, #18 Exhibit Q to Pooley Declaration, #19 Exhibit R to Pooley Declaration, #20 Exhibit S to Pooley Declaration, #21 Exhibit T to Pooley Declaration, #22 Exhibit U to Pooley Declaration, #23 Exhibit V to Pooley Declaration, #24 Exhibit W to Pooley Declaration, #25 Exhibit X to Pooley Declaration, #26 Declaration of Dorothy S. Liu in Support of Defendants Opposition to Plaintiff Motion for Remand, #27 Exhibit A to Liu Declaration, #28 Exhibit B to Liu Declaration, #29 Exhibit C to Liu Declaration, #30 Exhibit D to Liu Declaration, #31 Exhibit E to Liu Declaration, #32 Defendants Request for Judicial Notice in Support of Defendants Opposition to Plaintiff Motion for Remand, #33 Exhibit 1 to Defendants Request for Judicial Notice, #34 Exhibit 2 to Defendants Request for Judicial Notice, #35 Exhibit 3 to Defendants Request for Judicial Notice, #36 Exhibit 4 to Defendants Request for Judicial Notice, #37 Exhibit 5 to Defendants Request for Judicial Notice, #38 Exhibit 6 to Defendants Request for Judicial Notice, #39 Exhibit 7 to Defendants Request for Judicial Notice, #40 Proposed Order, #41 Proof of Service)(Liu, Dorothy) |
| Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Thomas Evans. Motion set for hearing on 2/10/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Exhibit A to Plaintiff's Motion to Remand, #2 Exhibit B to Plaintiff's Motion to Remand, #3 Proposed Order to Plaintiff's Motion to Remand) (Derubertis, David) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua Michael Webster counsel for Plaintiff Thomas Evans. Adding Joshua M. Webster as counsel of record for Thomas Evans for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas Evans. (Attorney Joshua Michael Webster added to party Thomas Evans(pty:pla))(Webster, Joshua) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #14 . 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) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney David M Derubertis counsel for Plaintiff Thomas Evans. Adding David M. deRubertis as counsel of record for Thomas Evans for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas Evans. (Derubertis, David) |
| Filing 14 NOTICE of Appearance filed by attorney David M Derubertis on behalf of Plaintiff Thomas Evans (Attorney David M Derubertis added to party Thomas Evans(pty:pla))(Derubertis, David) |
| Filing 13 PROOF OF SERVICE filed by Defendant Cemex, Inc., Order Setting Scheduling Conference served on December 20, 2022. (Pooley, Lisa) |
| Filing 12 PROOF OF SERVICE filed by Defendant Cemex, Inc., served on December 19, 2023. (Pooley, Lisa) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 2/10/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 10
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 9 PROOF OF SERVICE filed by Defendants Cemex Construction Materials Pacific, LLC, Cemex, Inc., re Proof of Service (subsequent documents) #8 served on 12/16/2022. (Pooley, Lisa) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Cemex, Inc., Notice to State Court and Adverse Party of Removal served on December 15, 2022. (Pooley, Lisa) |
| Filing 7 PROOF OF SERVICE filed by Defendant Cemex, Inc., Court Documents served on December 14, 2022. (Seipel, Matthew) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Shashi H. Kewalramani. (lh) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT amending Complaint,, filed by Plaintiff Thomas Evans (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 6/01/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff Thomas Evans pursuant to Cal. Rules of Court, rules 3.760 and 3.770 as to Luis Lopez. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 3/25/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Cemex Construction Materials Pacific, LLC, Does, Luis Lopez. Jury Demanded, filed by Plaintiff Thomas Evans. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 10/20/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be Cemex, Inc., filed by Plaintiff Thomas Evans (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 11/15/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Cemex Construction Materials Pacific, LLC. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 12/28/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 2 and having discovered the true name of the defendant to be Cemex USA, filed by Plaintiff Thomas Evans (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 11/15/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| NON-CONFORMED COPY OF ANSWER to Complaint, filed by Defendant Cemex, Inc. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Thomas Evans, upon Defendant Cemex Construction Materials Pacific, LLC served on 11/17/2020, answer due 12/8/2020 in compliance with California Code of Civil Procedure by first-class mail service. Original Summons NOT returned. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 12/14/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 NOTICE of Interested Parties filed by Defendant All Defendants, identifying CEMEX, S.A.B. de C.V.. (Pooley, Lisa) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Cemex Inc. (Pooley, Lisa) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County, case number CIVDS2023729 Receipt No: ACACDC-34461003 - Fee: $402, filed by Defendant Cemex Inc. (Attorney Lisa M Pooley added to party Cemex Inc(pty:dft))(Pooley, Lisa) |
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