David Palacios v. Penske Logistics, LLC et al
| David Palacios |
| Penske Logistics, LLC, Penske Truck Leasing Co., L.P., Kandice Curtis, Justin Kooi and DOES 1 through 50, inclusive |
| 5:2023cv01946 |
| September 22, 2023 |
| US District Court for the Central District of California |
| Sheri Pym |
| Sunshine Suzanne Sykes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 29 REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR REMAND ACTION TO STATE COURT; OR IN THE ALTERNATIVE, LEAVE TO AMEND PLAINTIFFS COMPLAINT filed by Plaintiff David Palacios. (Buenrostro, Elissa) |
| Filing 28 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 Defendants' Reply in Support of Their Motion to Dismiss Claims in Plaintiff's Complaint filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Carter, Kim) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 Defendants' Opposition to Plaintiff's Notice of Motion to Remand Action filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Declaration Declaration of Kim Carter in Support of Defendants' Opposition to Plaintiff's Motion to Remand)(Carter, Kim) |
Filing 26
ORDER GRANTING JOINT STIPULATION TO CONTINUE THE HEARING DATE ON PLAINTIFF'S MOTION TO REMAND ACTION TO STATE COURT #25 by Judge Sunshine Suzanne Sykes. Pursuant to Local Civil Rule, 7-11, Plaintiff's motion to remand, [Dkt. 15], hearing is rescheduled to be heard on December 1, 2023 at 2:00 p.m. before the Honorable Sunshine S. Sykes, via Zoom video conference.. Pursuant to the Local Civil Rules, 7 9, 7-10, and 7-11, all subsequent briefing is scheduled in accordance with the December 1, 2023 hearing date. (rolm)
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| Filing 25 Joint STIPULATION to Continue Hearing on Plaintiff's Motion to Remand Action to State Court from November 17, 2023 to December 1, 2023 Re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Proposed Order)(Carter, Kim) |
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Filing 24
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: In view of the Declaration, filed in response to the OSC, and the Notice of Acknowledgment of Receipt of Summons and Complaint, as to Defendant Penske Logistics, LLC, filed on October 19, 2023, the Court hereby DISCHARGES the OSC issued on October 2, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 23 AMENDED CERTIFICATE of Interested Parties filed by Defendants Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P., identifying Penske Logistics, LLC. (Carter, Kim) |
| Filing 22 Penske Logstics LLC NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff David Palacios, upon Defendant Penske Logistics, LLC acknowledgment sent by Plaintiff on 10/10/2023, answer due 10/31/2023. Acknowledgment of Service signed by Kim Carter, Esq., Attorney for Defendant. (Buenrostro, Elissa) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff David Palacios, Defendant, Penske Logistics LLC served on 9/21/23. (Buenrostro, Elissa) |
| Filing 20 PROOF OF SERVICE filed by Plaintiff David Palacios, Defendant, Kandice Curtis served on 9/20/23. (Buenrostro, Elissa) |
| Filing 19 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 Defendant Penske Logistics, LLCs Joinder To Defendants Penske Truck Leasing Co., L.P.; Kandice Curtis; And Justin Koois Motion To Dismiss Claims In Plaintiffs Complaint filed by Defendant Penske Logistics, LLC. (Attorney Kim L Carter added to party Penske Logistics, LLC(pty:dft))(Carter, Kim) |
| Filing 18 JOINDER filed by Defendant Penske Logistics, LLC joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Attachments: #1 Declaration of Kim Carter)(Carter, Kim) |
| Filing 17 DECLARATION of Elissa K. Buenrostro, Esq. IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE AS TO WHY DISMISSAL SHOULD NOT BE IMPOSED FOR LACK OF PROSECTION OF SERVICE OF PLAINTIFFS COMPLAINT AND SUMMONS filed by Plaintiff David Palacios. (Buenrostro, Elissa) |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 filed by Plaintiff David Palacios. (Buenrostro, Elissa) |
| Filing 15 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff David Palacios. Motion set for hearing on 11/17/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Exhibit Compendium, #2 Proposed Order) (Apodaca, Richard) |
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Filing 14
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Amanda C. Fleming counsel for Defendant Penske Truck Leasing Co., L.P.. Adding Amanda C. Fleming as counsel of record for Defendants- Penske Truck Leasing Co.; Kandice Curtis; Justin Kooi for the reason indicated in the G-123 Notice. Filed by Defendant Amanda C. Fleming. (Fleming, Amanda) |
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Filing 12
(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. The Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before October 16, 2023, why this action should not be dismissed, with respect to each Defendant who has not been served, for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a proof of service of the summons and complaint.IT IS SO ORDERED. (shb)
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| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. Motion set for hearing on 12/1/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Declaration of Kim Carter in support of motion to dismiss claims in complaint, #2 Proposed Order Granting Motion to dismiss claims) (Carter, Kim) |
| Filing 10 PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form,, #7 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 served on 09/26/2023. (Carter, Kim) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 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 Sheri Pym 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 Sunshine Suzanne Sykes. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01946 SSS (SPx). (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Kandice Curtis, Does 1-50, inclusive, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P. Jury Demand, filed by Plaintiff David Palacios. Filed in State Court on 8/3/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| Filing 6 PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) |
| Filing 5 CERTIFICATE of Interested Parties filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., identifying Kandice Curtis; Justin Kooi; Penske Truck Leasing Co., L.P.; Penske Truck Leasing GP, LLC; LJ VP Holdings, LLC; Penske Truck Leasing Corporation; Penske Automotive Group, Inc.; MBK USA Commercial Vehicles, Inc.; Penske Corporation; Mitsui & Co., Ltd.; Littler Mendelson, P.C.; Penske Logistics, LLC; David Palacios; Rodriguez Apodaca Law Firm, LLP. (Carter, Kim) |
| Filing 4 DECLARATION of Kim Carter re Notice of Removal (Attorney Civil Case Opening), #1 Declaration of Kim Carter in Support of Defendants' Removal of Civil Action to Federal Court filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) |
| Filing 3 DECLARATION of Peggy Neily re Notice of Removal (Attorney Civil Case Opening), #1 Declaration of Peggy Neily in Support of Defendants' Notice of Removal of Civil Action to Federal Court filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) |
| Filing 1 NOTICE OF REMOVAL from Calfornia Superior Court, San Bernardino County, case number CIVSB2317843 Receipt No: ACACDC-36092366 - Fee: $402, filed by Defendants Kandice Curtis, Penske Truck Leasing Co., L.P., Justin Kooi. (Attachments: #1 Complaint) (Attorney Kim L Carter added to party Kandice Curtis(pty:dft), Attorney Kim L Carter added to party Justin Kooi(pty:dft), Attorney Kim L Carter added to party Penske Truck Leasing Co., L.P.(pty:dft))(Carter, Kim) |
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