Eurico Mancilla v. Owens and Minor Distribution, Inc. et al
Plaintiff: Eurico A Mancilla
Defendant: Owens & Minor Distribution, Inc., Does 1 through 20, inclusive and Owens and Minor Distribution, Inc.
Case Number: 5:2023cv01179
Filed: June 20, 2023
Court: US District Court for the Central District of California
Presiding Judge: R Gary Klausner
Referring Judge: Margo A Rocconi
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2023 Filing 37 TRANSMITTAL of documents to San Bernardino County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to San Bernardino County Superior Court. Case Number: CIV SB 2308374. (jp)
August 17, 2023 Opinion or Order Filing 36 MINUTES (IN CHAMBERS) Order Re: Plaintiff's Motion for Remand [DE #15 ] by Judge R. Gary Klausner: The Court GRANTS Plaintiffs' Motion and REMANDS the action to State Court. (MD JS-6. Case Terminated.) (jp)
August 15, 2023 Opinion or Order Filing 35 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Court held a Scheduling Conference on 8/14/2023 whereby the Order to Show Cause #28 issued on 8/7/2023 was DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
August 15, 2023 Opinion or Order Filing 34 ORDER/REFERRAL to ADR Procedure No 3 by Judge R. Gary Klausner. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 2/23/2024. (jre)
August 15, 2023 Opinion or Order Filing 33 ORDER FOR JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 4/8/2024 09:00 AM before Judge R. Gary Klausner. Jury Trial set for 4/23/2024 09:00 AM before Judge R. Gary Klausner. (jre)
August 14, 2023 Filing 32 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 9/20/2023. Discovery cut-off 1/22/2024. Motions due by 2/8/2024. Pretrial Conference set for 4/8/2024 09:00 AM before Judge R. Gary Klausner. Jury Trial set for 4/23/2024 09:00 AM before Judge R. Gary Klausner. Court Reporter: Marea Woolrich. (jre)
August 10, 2023 Opinion or Order Filing 31 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiff's Motion to Remand Case #17 , calendared for hearing on 8/14/2023, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
August 8, 2023 Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Kristy Rose Connolly counsel for Plaintiff Eurico A Mancilla. Adding Kristy R. Connolly as counsel of record for EURICO A MANCILLA for the reason indicated in the G-123 Notice. Filed by Plaintiff EURICO A MANCILLA. (Attorney Kristy Rose Connolly added to party Eurico A Mancilla(pty:pla))(Connolly, Kristy)
August 8, 2023 Filing 29 DECLARATION of Joseph M. Szilagyi for Ordre to Show Cause Hearing on August 14, 2023 filed by Plaintiff Eurico A Mancilla. (Campbell, Jessica)
August 7, 2023 Filing 28 MINUTES OF SCHEDULING CONFERENCE (Not Held)/STATUS CONFERENCE before Judge R. Gary Klausner: Case called. The Scheduling Conference is continued 8/14/2023 at 09:00 AM. The Court sets an Order to Show Cause Hearing for 8/14/2023 at 9:00 AM., to determine why the complaint should not be dismissed for lack of prosecution. A written response is due on or before 8/10/2023. Court Reporter: Suzanne McKennon. (jp)
July 31, 2023 Filing 27 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #17 filed by Plaintiff Eurico A Mancilla. (Campbell, Jessica)
July 31, 2023 Filing 26 REPORT of JOINT RULE 26(f) REPORT filed by Plaintiff Eurico A Mancilla. (Campbell, Jessica)
July 31, 2023 Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica L Campbell counsel for Plaintiff Eurico A Mancilla. Adding Joseph M. Szilagyi as counsel of record for EURICO A MANCILLA for the reason indicated in the G-123 Notice. Filed by Plaintiff EURICO A MANCILLA. (Campbell, Jessica)
July 26, 2023 Filing 24 NOTICE of Interested Parties filed by Plaintiff Eurico A Mancilla, identifying Eurico A Mancilla. (Campbell, Jessica)
July 24, 2023 Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #17 by Judge R. Gary Klausner. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (jre)
July 24, 2023 Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #17 filed by Defendant Owens and Minor Distribution, Inc.. (Attachments: #1 Declaration of Stephen Constance in Support of Defendant's Opposition to Plaintiff's Motion to Remand, #2 Declaration of Sandra Sowder in Support of Defendant's Opposition to Plaintiff's Motion to Remand)(Riechert, Melinda)
July 24, 2023 Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Remand Case filed by Plaintiff Eurico A Mancilla #17 . The following error(s) was/were found: (1) No notice of interested parties. (2) Counsel must comply with Local Rule 7.1-1. 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)
July 21, 2023 Opinion or Order Filing 20 DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Continue Scheduling Conference #19 . NO GOOD CAUSE SHOWN. (jp)
July 21, 2023 Filing 19 Joint STIPULATION to Continue Scheduling Conference from August 7, 2023 to August 14, 2023 Re: Text Only Scheduling Notice, 11 filed by Defendant Owens and Minor Distribution, Inc.. (Attachments: #1 Declaration of Scott Morrison in Support of Joint Stipulation to Continue Scheduling Conference, #2 Proposed Order Continuing Scheduling Conference)(Riechert, Melinda)
July 21, 2023 Opinion or Order Filing 18 MINUTE (IN CHAMBERS) Order Re: Joint Stipulation to Continue Deadline to File Motion for Class Certification [DE #14 ] by Judge R. Gary Klausner: The Court nonetheless shall continue the deadline by 30 days to 9/15/2023. (jp)
July 21, 2023 Filing 17 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Eurico A Mancilla. Motion set for hearing on 8/14/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration Declaration of Jessica L. Campbell in Support of Plaintiff's Motion to Remand Action to State Court, #2 Proposed Order [Proposed] Order Granting Plaintiff's Motion to Remand Action to State Court) (Campbell, Jessica)
July 20, 2023 Opinion or Order Filing 16 AMENDED ORDER by Judge R. Gary Klausner re NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court 13. The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): Memorandum contains single spaced text in violation of L.R. 11-3.6. Counsel may file a corrected document no later than 7/21/2023. (jre)
July 20, 2023 Opinion or Order Filing 15 ORDER by Judge R. Gary Klausner re NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #13 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): Memorandum contains single spaced text in violation of L.R. 11-3.6. (jre)
July 18, 2023 Filing 14 Joint STIPULATION to Continue Deadline to File Motion for Class Certification from August 16, 2023 to October 16, 2023 filed by Plaintiff Eurico A Mancilla. (Attachments: #1 Declaration DECLARATION OF JESSICA L. CAMPBELL IN SUPPORT OF STIPULATION TO EXTEND DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION, #2 Proposed Order [PROPOSED] ORDER EXTENDING DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION)(Campbell, Jessica)
July 17, 2023 Filing 13 (DOCUMENT STRICKEN PER ORDER #15 ) - NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Eurico A Mancilla. Motion set for hearing on 8/14/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration DECLARATION OF JESSICA L. CAMPBELL IN SUPPORT OF PLAINTIFFS MOTION TO REMAND ACTION TO STATE COURT, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION TO REMAND ACTION TO STATE COURT) (Campbell, Jessica) Modified on 7/20/2023 (jre).
July 14, 2023 Filing 12 CERTIFICATE of Interested Parties filed by Plaintiff Eurico A Mancilla, identifying Eurico A Mancilla. (Campbell, Jessica)
June 27, 2023 Opinion or Order Filing 11 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: On the Court's own motion, the Scheduling Conference set for 7/31/2023 is continued to 8/7/2023, at 09:00 AM, before Judge R. Gary Klausner. The Joint Rule 26f Report shall be due on or before 7/31/2023.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
June 26, 2023 Filing 10 NOTICE of Interested Parties filed by Defendant Owens and Minor Distribution, Inc., identifying Owens & Minor, Inc.. (Riechert, Melinda)
June 23, 2023 Opinion or Order Filing 9 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 7/24/2023. Scheduling Conference set for 7/31/2023 at 09:00 AM before Judge R. Gary Klausner. (jre)
June 23, 2023 Opinion or Order Filing 8 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
June 22, 2023 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh)
June 22, 2023 Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
June 22, 2023 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
June 22, 2023 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 Sunshine Suzanne Sykes and referred to Magistrate Judge Margo A. Rocconi for discovery. Pursuant to General Order 23-05, this case has been randomly reassigned to District Judge R. Gary Klausner. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01179 RGK (MARx). (lh)
June 20, 2023 CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Owens and Minor Distribution, Inc. Jury Demanded, filed by Plaintiff Eurico A Mancilla. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 4/03/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
June 20, 2023 CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Owens and Minor Distribution, Inc. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 6/15/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh)
June 20, 2023 Filing 3 PROOF OF SERVICE filed by Defendant Owens & Minor Distribution, Inc., re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 served on June 20, 2023. (Riechert, Melinda)
June 20, 2023 Filing 2 CIVIL COVER SHEET filed by Defendant Owens & Minor Distribution, Inc.. (Riechert, Melinda)
June 20, 2023 Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIV SB 2308374 Receipt No: ACACDC-35518987 - Fee: $402, filed by Defendant Owens & Minor Distribution, Inc.. (Attachments: #1 Exhibit A to Defendant's Notice of Removal of Civil Action, #2 Exhibit B to Defendant's Notice of Removal of Civil Action, #3 Exhibit C to Defendant's Notice of Removal of Civil Action, #4 Exhibit D to Defendant's Notice of Removal of Civil Action, #5 Declaration of Sherry Banner in Support of Defendants Notice of Removal of Civil Action, #6 Declaration of Sandra Sowder in Support of Defendants Notice of Removal of Civil Action) (Attorney Melinda S Riechert added to party Owens & Minor Distribution, Inc.(pty:dft))(Riechert, Melinda)

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Plaintiff: Eurico A Mancilla
Represented By: Samuel A Wong
Represented By: Jessica L Campbell
Represented By: Joseph M Szilagyi, Jr
Represented By: Kashif Haque
Represented By: Kristy Rose Connolly
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Defendant: Owens & Minor Distribution, Inc.
Represented By: Melinda S Riechert
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Defendant: Does 1 through 20, inclusive
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Defendant: Owens and Minor Distribution, Inc.
Represented By: Scott Morrison
Represented By: Melinda S Riechert
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