Jordan Orozco Madero et al v. McLane Foodservice, Inc.
| Jordan Orozco Madero and Esteban Orosco |
| McLane Foodservice, Inc. and Does 1-10, inclusive |
| 5:2024cv00073 |
| January 12, 2024 |
| US District Court for the Central District of California |
| David T Bristow |
| Kenly Kiya Kato |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 22
(IN CHAMBERS) ORDER by Judge Kenly Kiya Kato: The Court finds Plaintiffs' Motion to Certify Class [Dkt. 13] and Defendant's Motion to Dismiss [Dkt. 11] appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the hearing set for March 14, 2024 is hereby VACATED and the matter is taken under submission. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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| Filing 21 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) and/or 12(b)(6) #11 filed by Defendant McLane Foodservice, Inc.. (Kane, Matthew) |
| Filing 20 REPLY in support NOTICE OF MOTION AND MOTION to Certify Class pursuant to 29 U.S.C. 216(b) #13 filed by Plaintiffs Jordan Orozco Madero, Esteban Orosco. (Attachments: #1 Supplement Plts' Responses to Def's Evidentiary Objections)(Desai, Aashish) |
| Filing 19 Opposition in opposition to the related document re: NOTICE OF MOTION AND MOTION to Certify Class pursuant to 29 U.S.C. 216(b) #13 filed by Defendant McLane Foodservice, Inc.. (Attachments: #1 Declaration, #2 Supplement, #3 Proposed Order)(Kane, Matthew) |
| Filing 18 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) and/or 12(b)(6) #11 filed by Plaintiffs Jordan Orozco Madero, Esteban Orosco. (Desai, Aashish) |
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Filing 17
MINUTES (In Chambers) Order DENYING Defendant's Ex Parte Application #15 by Judge Kenly Kiya Kato. Here, Defendant has not established it will be irreparably prejudiced by the denial of ex parte relief. In fact, the only prejudice identified by Defendant is "the significant expense and burden" that Defendant will incur if required to prepare an Opposition to Plaintiffs' Motion. Dkt. 15 at 7. However, the "expense and burden" of engaging in ordinary litigation is insufficient to establish Defendant is entitled to ex parte relief or a stay of the Motion. Accordingly, Defendant's Application is DENIED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 16 OPPOSITION in opposition re: EX PARTE APPLICATION for Order for STRIKING OR, ALTERNATIVELY, STAYING PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION OF FLSA CLAIMS TO FACILITATE NOTICE TO ABSENT CLASS MEMBERS [DKT. #13] PENDING ADJUDICATION OF THRESHOLD DISPOSITIVE ISSUE, AND #15 filed by Plaintiffs Jordan Orozco Madero, Esteban Orosco. (Desai, Aashish) |
| Filing 15 EX PARTE APPLICATION for Order for STRIKING OR, ALTERNATIVELY, STAYING PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION OF FLSA CLAIMS TO FACILITATE NOTICE TO ABSENT CLASS MEMBERS [DKT. #13] PENDING ADJUDICATION OF THRESHOLD DISPOSITIVE ISSUE, AND RELATED RELIEF filed by Defendant McLane Foodservice, Inc.. (Attachments: #1 Proposed Order) (Attorney Sylvia Jihae Kim added to party McLane Foodservice, Inc.(pty:dft)) (Kim, Sylvia) |
| Filing 14 CERTIFICATE of Interested Parties filed by Defendant McLane Foodservice, Inc., identifying McLane Foodservice, Inc. (Defendant and Subsidiary of McLane Company, Inc.); McLane Company, Inc. (Wholly-Owned Subsidiary of Berkshire Hathaway Inc.); and Berkshire Hathaway Inc. (Publicly-Traded Company on the New York Stock Exchange). (Kane, Matthew) |
| Filing 13 NOTICE OF MOTION AND MOTION to Certify Class pursuant to 29 U.S.C. 216(b) filed by plaintiffs Jordan Orozco Madero, Esteban Orosco. Motion set for hearing on 3/14/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Memorandum, #2 Declaration of Desai ISO Motion, #3 Exhibit A - to Desai Declaration, #4 Exhibit B - to Desai Declaration, #5 Exhibit C - to Desai Declaration, #6 Exhibit D - to Desai Declaration, #7 Exhibit E - to Desai Declaration, #8 Exhibit F - to Desai Declaration, #9 Exhibit G - to Desai Declaration, #10 Exhibit H - to Desai Declaration, #11 Exhibit I - to Desai Declaration, #12 Declaration of Jordan Orozco Madero ISO Motion, #13 Declaration of Esteban Orosco ISO Motion, #14 Proposed Order) (Desai, Aashish) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) and/or 12(b)(6) #11 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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. (aco) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) and/or 12(b)(6) filed by Defendant McLane Foodservice, Inc.. Motion set for hearing on 3/14/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Declaration of Daniel Tate, #2 Declaration of Marcus Tiblier, #3 Proposed Order) (Attorney Matthew Charles Kane added to party McLane Foodservice, Inc.(pty:dft)) (Kane, Matthew) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Jordan Orozco Madero, Esteban Orosco, upon Defendant McLane Foodservice, Inc. served on 1/19/2024, answer due 2/9/2024. Service of the Summons and Complaint were executed upon Sarai Marin, Intake Specialist, CT Corporation System,Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Desai, Aashish) |
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Filing 9
CIVIL STANDING ORDER by Judge Kenly Kiya Kato. (npo)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant McLane Foodservice, Inc. (et) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Kenly Kiya Kato and Magistrate Judge David T. Bristow. (et) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Jordan Orozco Madero and Esteban Orosco. (Desai, Aashish) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Jordan Orozco Madero, Esteban Orosco. (Desai, Aashish) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiffs Jordan Orozco Madero, Esteban Orosco. (Desai, Aashish) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36723310 - Fee: $405, filed by plaintiffs Jordan Orozco Madero, Esteban Orosco. (Attachments: #1 Exhibit A - Consent to Join forms, #2 Exhibit B - LWDA PAGA Ltr) (Attorney Aashish Y. Desai added to party Jordan Orozco Madero(pty:pla), Attorney Aashish Y. Desai added to party Esteban Orosco(pty:pla))(Desai, Aashish) |
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