Vernizy Laris v. Roadrunner Transportation Services, Inc. et al
| Vernizy Laris |
| Roadrunner Transportation Services, Inc., Tricia Wellener and Does 1 through 50, inclusive |
| 5:2023cv01473 |
| July 26, 2023 |
| US District Court for the Central District of California |
| Margo A Rocconi |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Receipt of Remand by Riverside County Superior Court on 9/1/2023. (lc) |
| Filing 13 TRANSMITTAL of documents to RIVERSIDE COUNTY SUPERIOR COURT. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to RIVERSIDE COUNTY SUPERIOR COURT, No. CVRI2301791. (lc) |
Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed Roadrunners Response to the Order to Show Cause #11 , and finds that Roadrunner has failed to establish that there is no possibility Laras could recover against Wellener based on the current pleading or an amended pleading. As such, the Court cannot conclude that Wellener is fraudulently joined, and thus cannot disregard Wellener's citizenship for the purposes of diversity jurisdiction. Therefore, the Court lacks subject matter jurisdiction and must remand. action is hereby REMANDED to the Superior Court of the State of California, County of Riverside, Historic Courthouse, 4050 Main Street, Riverside, California 92501, Case No. CVRI2301791. All dates and deadlines are VACATED. (Made JS-6. Case Terminated.) (lc)
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| Filing 11 RESPONSE filed by Defendant Roadrunner Transportation Services, Inc. to Court's Order to Show Cause Re Demand (Attachments: #1 Declaration)(Arian, Melodie) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Court ORDERS Roadrunner TO SHOW CAUSE in writing only, why this action should not be remanded for lack of subject-matter jurisdiction. Roadrunner shall respond to this OSC no later than August 15, 2023. Laras may but is not required to respond to this OSC by no later than August 22, 2023. No hearing will be held. Roadrunners failure totimely or adequately respond to this OSC may result in the remand of this matter without further warning. (lc)
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Filing 9
ORDER that the Scheduling Conference is set for September 18, 2023 at 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR EXCEPT FOR motions for summary judgment and any other evidence-heavy motions. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the US District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Defendant Roadrunner Transportation Services, Inc. (Paetkau, Tyler) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . 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. (ghap) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 3 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 this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges, 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: 5:23-cv-01473 ODW (MARx). (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 100, Inclusive, Roadrunner Transportation Services, Inc., Tricia Wellener. Jury Demanded., filed by plaintiff Vernizy Laris. (FILED IN STATE COURT ON 4/7/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
| CONFORMED FILED COPY OF AMENDED COMPLAINT amending Complaint - (Discovery the plaintiff having designated a defendant in the complaint by the incorrect name of Vernizy Laras, having discovered the true name of the defendant to be Vernizy Laris, filed by plaintiff Vernizy Laris. (FILED IN STATE COURT ON 4/24/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
| NON CONFORM COPY ANSWER to Complaint - (Discovery), filed by Defendant Roadrunner Transportation Services, Inc. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Roadrunner Transportation Services, Inc.. (Paetkau, Tyler) |
| Filing 1 NOTICE OF REMOVAL from Riverside, case number CVRI2301791 Receipt No: ACACDC-35745871 - Fee: $402, filed by Defendant Roadrunner Transportation Services, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Civil Case Cover Sheet, #3 Exhibit Summons, #4 Exhibit Certificate of Counsel, #5 Exhibit Notice of Department Assignment, #6 Exhibit Notice of CMC, #7 Exhibit Amendment to Complaint, #8 Exhibit Service of Summons and Complaint, #9 Exhibit Def. Roadrunner's Answer) (Attorney Tyler Mark Paetkau added to party Roadrunner Transportation Services, Inc.(pty:dft))(Paetkau, Tyler) |
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