Freddys Martinez Gomez v. Old Dominion Freight Line, Inc. et al
| FREDDYS MARTINEZ GOMEZ |
| Old Dominion Freight Line, Inc. and Does 1 through 20, inclusive |
| 5:2023cv02186 |
| October 24, 2023 |
| US District Court for the Central District of California |
| John W Holcomb |
| Sheri Pym |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 13
(IN CHAMBERS) ORDER by Judge John W. Holcomb: In view of Plaintiff's Notice of Withdrawal [ECF No. 12] filed on December 13, 2023, Plaintiff's Motion to Remand Case to San Bernardino Superior Court [ECF No. 10] set for Friday, January 5, 2024, is hereby VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY
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| Filing 12 Notice of Withdrawal of Motion to Remand Case to State Court, #10 filed by Plaintiff Freddys Martinez Gomez. (Phillips, Heather) |
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Filing 11
ORDER REGARDING JURISDICTIONAL DISCOVERY AND SUPPLEMENTAL BRIEFING ON PLAINTIFF'S MOTION TO REMAND [ECF No. #10 ] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: Old Dominion is GRANTED leave to engage in jurisdictional discovery, including, but not limited to, narrowly tailored interrogatories and requests for admission. Gomez is DIRECTED, on or before January 5, 2024, to perform the following actions, as provided by Rule 26(a)(1)(A)(iii) of the Federal Rules of Civil Procedure: serve on Old Dominion a computation of each category of damages that Gomez claims in this action; and make available to Old Dominion for inspection and copying the documents or other evidentiary material on which each computation is based. The parties and their respective counsel are DIRECTED to review and to consider carefully their obligations under the Local Rules and Rule 11 of the Federal Rules of Civil Procedure; in particular, Rule 11(b)(3) and Rule 11(b)(4). Upon such consideration, if any party decides to withdraw any filings, then she or it may do so in accordance with the Local Rules. See, e.g., L.R. 7-16. Each party is DIRECTED to file no later than February 23, 2024, supplemental briefing on the issue of the amount in controversy. Each party's brief should be no more than five pages in length. The hearings on the Motion to Remand and the Scheduling Conference are CONTINUED to March 8, 2024, at 9:00 a.m., in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 10 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Freddys Martinez Gomez. Motion set for hearing on 1/5/2024 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Younessi, Ramin) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Heather Noel Phillips counsel for Plaintiff Freddys Martinez Gomez. Adding Heather N. Phillips as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Freddys Martinez Gomez. (Attorney Heather Noel Phillips added to party Freddys Martinez Gomez(pty:pla))(Phillips, Heather) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 1/5/2024 at 11:00 AM before Judge John W. Holcomb. (cla)
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Filing 7
STANDING ORDER by Judge John W. Holcomb. (cla)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| 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 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 John W. Holcomb. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-02186 JWH (SPx). (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 20, inclusive, Old Dominion Freight Line, Inc. Jury Demanded, filed by Plaintiff Freddys Martinez Gomez. Filed in State Court on 8/14/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Freddys Martinez Gomez, upon Defendant Old Dominion Freight Line, Inc. served on 8/24/2023, answer due 9/14/2023. Service of the Summons and Complaint were executed upon Sarai Marin - CT Process Specialist - Person Authorized to Accept in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Filed in State Court on 8/30/2023 Submitted with Attachment 8 Exhibit H to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Old Dominion Freight Line, Inc. Filed in State Court on 10/10/2022 Submitted with Attachment 9 Exhibit I to Notice of Removal #1 .(car) |
| Filing 3 Certification and Notice - CERTIFICATE of Interested Parties filed by Defendant Old Dominion Freight Line, Inc., identifying Old Dominion Freight Line, Inc.. (Kim, Sylvia) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Old Dominion Freight Line, Inc.. (Kim, Sylvia) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court-County of San Bernardino, case number CIVSB2319592 Receipt No: ACACDC-36282005 - Fee: $402, filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Exhibit A-State Court Complaint, #2 Exhibit B-Summons, #3 Exhibit C-Civil Case Cover Sheet, #4 Exhibit D-Certificate of Assignment, #5 Exhibit E-Notice of Trial Setting, #6 Exhibit F-Initial Trial Setting Conference, #7 Exhibit G-ADR Package, #8 Exhibit H-Proof of Service of Summons, #9 Exhibit I-Defendant's Answer to State Complaint) (Attorney Sylvia Jihae Kim added to party Old Dominion Freight Line, Inc.(pty:dft))(Kim, Sylvia) |
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