William Smith v. Western Express Inc
Plaintiff: William Smith
Defendant: Western Express Inc, Does 1-100, inclusive and Western Express Inc a corporation doing business as Western Express Transport of California Inc
Case Number: 8:2015cv01238
Filed: August 5, 2015
Court: US District Court for the Central District of California
Presiding Judge: Jesus G Bernal
Referring Judge: Sheri Pym
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 7, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2017 Opinion or Order Filing 93 ORDER OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) by Judge Jesus G. Bernal Re Stipulation of Dismissal #92 : IT IS SO ORDERED that the above-entitled action shall be dismissed in its entirety, with prejudice, pursuant to FRCP 41(a)(1)(A)(ii). (ad)
June 5, 2017 Filing 92 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff William Smith. (Attachments: #1 Proposed Order)(Serb, Jamie)
May 23, 2017 Opinion or Order Filing 91 ORDER by Judge Jesus G. Bernal Re #90 JOINT STATUS REPORT RE SETTLEMENT AND REQUEST FOR ADDITIONAL TIME TO COMPLY WITH THE COURTS APRIL 24, 2017 ORDER: IT IS SO ORDERED that the Parties will have until June 5, 2017 to file either (1) a proper stipulation and order for dismissal or judgment or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of June 6, 2017. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby vacated. (ad)
May 22, 2017 Filing 90 Joint REQUEST for Extension of Time to File (Comply with the Courts April 24, 2017 Order) and Joint Status Report Re: Settlement filed by William Smith William Smith. (Attorney Jamie K Serb added to party William Smith(pty:pla)) (Serb, Jamie)
April 24, 2017 Opinion or Order Filing 89 SCHEDULING NOTICE and ORDER by Judge Jesus G. Bernal. In light of the Notice of Settlement filed April 21, 2017, indicating that the case has settled in its entirety, this action is placed in inactive status. By May 22, 2017, the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of May 23, 2017. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
April 21, 2017 Filing 88 NOTICE of Settlement (Joint) William Smith. (Serb, Jamie)
April 5, 2017 Opinion or Order Filing 87 ORDER GRANTING DEFENDANTS REQUEST TO APPEAR TELEPHONICALLY AT THE APRIL 10, 2017 STATUS CONFERENCE HEARING #84 by Judge Jesus G. Bernal. The Court finds that Plaintiffs counsel have good cause for requesting to appear telephonically, and that the request should be and hereby is GRANTED. R. Eddie Wayland and R. Douglas Hanson are permitted to appear telephonically at the Courts April 10, 2017 Status Conference hearing. The Courtroom Deputy will initiate the call to Counsel. (iva)
April 5, 2017 Opinion or Order Filing 86 ORDER by Judge Jesus G. Bernal: granting #82 Motion for Leave to Appear of David Mara as telephonic for Plaintiff William Smith. (See document for further details.) The Courtroom Deputy will initiate the call to Counsel, David Mara. (iva)
April 4, 2017 Filing 85 NOTICE OF NON-OPPOSITION REQUEST to Appear Telephonically at the April 10, 2017 Status Conference Hearing #84 filed by Plaintiff William Smith. (Mara, David)
April 4, 2017 Filing 84 REQUEST to Appear Telephonically at the April 10, 2017 Status Conference Hearing filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order Proposed Order) (Wayland, Richard)
April 4, 2017 Filing 83 NOTICE OF NON-OPPOSITION REQUEST for Leave of David Mara to Appear for Telephonic Motion for Status Conference Hearing #82 filed by Defendant Western Express Inc. (Wayland, Richard)
April 4, 2017 Filing 82 REQUEST for Leave of David Mara to Appear for Telephonic Motion for Status Conference Hearing filed by William Smith William Smith. Request set for hearing on 4/10/2017 at 09:00 AM before Judge Jesus G. Bernal. (Mara, David)
March 17, 2017 Filing 81 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Hearing Status Conference #80 to Determine Status of Case and Set Deadlines if Necessary filed by Plaintiff William Smith. (Mara, David)
March 3, 2017 Filing 80 NOTICE OF MOTION AND MOTION for Hearing Status Conference filed by Defendant Western Express Inc. Motion set for hearing on 4/10/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Wayland, Richard)
November 28, 2016 Opinion or Order Filing 79 ORDER by Judge Jesus G. Bernal: granting #78 Request to Substitute Attorney. Richard D. Marca of Varner and Brandt, LLP substituted in as counsel for defendant Western Express, Inc. in place of Richard D. Marca of Gresham Savage Nolan and Tilden, PC. (iva)
November 22, 2016 Filing 78 REQUEST TO SUBSTITUTE ATTORNEY Richard David Marca in place of attorney Richard David Marca of Gresham Savage Nolan & Tilden filed by Defendant Western Express Inc. (Marca, Richard)
October 31, 2016 Filing 77 STATEMENT Joint Case Management Statement re Stay Pending Settlement Approval (Hill, James)
August 24, 2016 Opinion or Order Filing 76 ORDER RE: DEFENDANT'S EX PARTE APPLICATION AND REQUEST FOR A 75-DAY STAY PENDING SETTLEMENT APPROVAL OR TO EXTEND RESPONSE AND HEARING DATES FOR MOTION FOR CLASS CERTIFICATION 30 DAYS by Judge Jesus G. Bernal re: #73 EX PARTE APPLICATION to Stay Case. (See document for details.) (iva)
August 24, 2016 Filing 75 OPPOSITION to EX PARTE APPLICATION to Stay Case pending Final Settlement Approval of Parallel Case Williams v. Western Express, Inc., No. 5:15-cv-00402-JGB-SP #73 filed by Plaintiff William Smith. (Attachments: #1 Declaration)(Mankin, Brian)
August 19, 2016 Filing 74 NOTICE OF ERRATA filed by Defendant Western Express Inc. correcting EX PARTE APPLICATION to Stay Case pending Final Settlement Approval of Parallel Case Williams v. Western Express, Inc., No. 5:15-cv-00402-JGB-SP #73 Correcting 73-1 (Attachments: #1 Exhibit Memorandum in Support of Ex Parte Application to Stay)(Wayland, Richard)
August 18, 2016 Filing 73 EX PARTE APPLICATION to Stay Case pending Final Settlement Approval of Parallel Case Williams v. Western Express, Inc., No. 5:15-cv-00402-JGB-SP filed by Defendant Western Express Inc. (Attachments: #1 Memorandum in Support of Ex Parte Application to Stay, #2 Declaration of R. Douglas Hanson, #3 Exhibit to Hanson Declaration, #4 Proposed Order for 75 Day Stay, #5 Proposed Order for 30 Day Extension, #6 Declaration of Service) (Wayland, Richard)
August 8, 2016 Filing 72 DECLARATION OF SERVICE filed by Plaintiff William Smith, re NOTICE OF MOTION AND MOTION to Certify Class #69 , Notice of Lodging,, #70 , Notice of Lodging,, #71 served on August 8, 2016. (Hill, James)
August 8, 2016 Filing 71 NOTICE OF LODGING filed Compendium of Putative Class Member Declarations in Support of Plaintiff's Motion for Class Certification re Notice of Lodging,, #70 , NOTICE OF MOTION AND MOTION to Certify Class #69 (Attachments: #1 Exhibit 1 - Declaration of Robert Casados, #2 Exhibit 2 - Declaration of Allen Griffin, #3 Exhibit 3 - Declaration of Laveen Hafen, #4 Exhibit 4 - Declaration of Jennifer Harville, #5 Exhibit 5 - Declaration of William King, #6 Exhibit 6 - Samuel Stewart, #7 Exhibit 7 - Declaration of Donald Towne, #8 Exhibit 8 - Declaration of Don Watts)(Hill, James)
August 8, 2016 Filing 70 NOTICE OF LODGING filed of Exhibits in Support of Plaintiff's Motion for Class Certification re NOTICE OF MOTION AND MOTION to Certify Class #69 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Declaration 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Hill, James)
August 8, 2016 Filing 69 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff William Smith. Motion set for hearing on 9/26/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of J. Jason Hill, #3 Declaration of Michael D. Singer, #4 Declaration of William Turley, #5 Declaration of Brian J. Mankin, #6 Declaration of William Smith, #7 Request for Judicial Notice, #8 Proposed Order) (Hill, James)
June 8, 2016 Filing 68 Notice of Appearance or Withdrawal of Counsel: for attorney Jeff T Olsen counsel for Defendant Western Express Inc. Jeff T. Olsen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Western Express. (Olsen, Jeff)
May 25, 2016 Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Michael D Singer counsel for Plaintiff William Smith. Adding Michael D. Singer as counsel of record for William Smith for the reason indicated in the G-123 Notice. Filed by plaintiff William Smith. (Attorney Michael D Singer added to party William Smith(pty:pla))(Singer, Michael)
May 25, 2016 Filing 66 Notice of Appearance or Withdrawal of Counsel: for attorney Isam C Khoury counsel for Plaintiff William Smith. Adding Isam C. Khoury as counsel of record for William Smith for the reason indicated in the G-123 Notice. Filed by plaintiff William Smith. (Attorney Isam C Khoury added to party William Smith(pty:pla))(Khoury, Isam)
May 25, 2016 Filing 65 Notice of Appearance or Withdrawal of Counsel: for attorney James Jason Hill counsel for Plaintiff William Smith. Adding James Jason Hill as counsel of record for William Smith for the reason indicated in the G-123 Notice. Filed by plaintiff William Smith. (Attorney James Jason Hill added to party William Smith(pty:pla))(Hill, James)
May 24, 2016 Filing 64 NOTICE of Association of Counsel associating attorney Isam C. Khoury, Esq., Michael D. Singer, Esq., and J. Jason Hill, Esq. on behalf of Plaintiff William Smith. Filed by Plaintiff William Smith (Attachments: #1 Proof of Service)(Turley, William)
April 26, 2016 Opinion or Order Filing 63 ORDER RE: JOINT STIPULATION AND REQUEST FOR ORDER SETTING CLASS CERTIFICATION HEARING DATE AND BRIEFING SCHEDULING AND EXTENDING SCHEDULING DATES by Judge Jesus G. Bernal re: Stipulation to Continue #62 . (See document for specifics.) (iva)
April 14, 2016 Filing 62 Joint STIPULATION to Continue Scheduling Dates and Setting Class Certification Hearing Date and Briefing Schedule filed by Plaintiff William Smith. (Attachments: #1 Proposed Order, #2 Proof of Service)(Turley, William)
February 26, 2016 Filing 61 NOTICE of Change of Attorney Business or Contact Information: for attorney Paul H Duvall counsel for Defendant Western Express Inc. Changing Address and Telephone Numbers to KING & BALLOW; 1999 Avenue of the Stars; Suite 1100; Century City, CA 90067. Changing Telephone Number and Fax Number to Phone: 424.253.1255; Fax: 888.688.0482. Filed by Defendant Western Express, Inc. Paul H. Duvall. (Attorney Paul H Duvall added to party Western Express Inc(pty:dft))(Duvall, Paul)
December 30, 2015 Filing 60 NOTICE of Change of address by Richard D Marca attorney for Defendant Western Express Inc. Changing attorneys address to 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408. Filed by Defendant Western Express Inc. (Marca, Richard)
December 30, 2015 Filing 59 NOTICE of Change of address by Richard D Marca attorney for Defendant Western Express Inc. Changing attorneys address to 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408. Filed by Defendant Western Express Inc. (Marca, Richard)
October 30, 2015 Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney William Henry Choppin counsel for Defendant Western Express Inc. William Henry Choppin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Western Express, Inc.. (Choppin, William)
October 5, 2015 Opinion or Order Filing 57 CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 12/9/2015. Discovery cut-off 6/20/2016. Motions due by 8/29/2016. Last date to conduct settlement conference is 7/18/2016 (Private Mediation). Final Pretrial Conference set for 10/3/2016 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 10/25/2016 at 09:00 AM before Judge Jesus G. Bernal. (wro)
October 5, 2015 Filing 56 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. Pursuant to L.R. 16-15.4, the parties have selected settlement procedure No. 3, Private Mediation. Last date to conduct settlement conference is 7/18/2016.Court Reporter: Adele C. Frazier. (iva)
October 1, 2015 Filing 55 SCHEDULING NOTICE by Judge Jesus G. Bernal. This Notice is to correct the time listed on the Scheduling Conference order (Doc. No. 38.) The Scheduling Conference is set for October 5, 2015, at 11:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY
September 21, 2015 Filing 54 26(f) REPORT of Rule 26(f) filed by Plaintiff William Smith. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Turley, William)
September 21, 2015 Opinion or Order Filing 53 ORDER by Judge Jesus G. Bernal: granting #48 APPLICATION to Appear Pro Hac Vice by Attorney Richard Eddie Wayland on behalf of Defendant, Western Express Inc, designating Richard D. Marca as local counsel. (iva)
September 18, 2015 Opinion or Order Filing 52 ORDER by Judge Jesus G. Bernal: granting #49 APPLICATION to Appear Pro Hac Vice by Attorney Rodney Douglas Hanson on behalf of Defendant, Western Express Inc, designating Richard D. Marca as local counsel. (iva)
September 17, 2015 Filing 51 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #50 . The following error(s) was found: Case number is incorrect or missing.Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt)
September 17, 2015 Filing 50 Certificate of Good Standing filed by Defendant Western Express Inc for Pro Hac Vice Applicant R. Eddie Wayland re: APPLICATION for attorney R. Eddie Wayland to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16460183 paid.) #48 (Choppin, William)
September 17, 2015 Filing 49 APPLICATION for attorney R. Douglas Hanson to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16460279 paid.) filed by defendant Western Express Inc. (Attachments: #1 Proposed Order) (Choppin, William)
September 17, 2015 Filing 48 APPLICATION for attorney R. Eddie Wayland to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16460183 paid.) filed by defendant Western Express Inc. (Attachments: #1 Proposed Order) (Choppin, William)
September 14, 2015 Opinion or Order Filing 47 ORDER by Judge Jesus G. Bernal: granting #45 Request to Substitute Attorney. Richard D. Marca substituted in place of Carla J Hartley and Corey S Utsurogi. Attorney Carla J Hartley and Corey S Utsurogi terminated. (iva)
September 10, 2015 Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #44 , Notice of Appearance or Withdrawal of Counsel (G-123), #45 . The following error(s) was found: Incorrect document is attached to the docket entry.Incorrect event selected. The correct event is: Request for Substitution of Attorney. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ak)
September 10, 2015 Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Corey S Utsurogi counsel for Defendant Western Express Inc. Corey S. Utsurogi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Utsurogi, Corey) Modified on 9/15/2015 (iva).
September 10, 2015 Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Corey S Utsurogi counsel for Defendant Western Express Inc. Carla J. Hartley is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Utsurogi, Corey)
September 9, 2015 Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Jeff T Olsen counsel for Defendant Western Express Inc. Adding Jeff Olsen as counsel of record for Western Express, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Attorney Jeff T Olsen added to party Western Express Inc(pty:dft))(Olsen, Jeff)
September 9, 2015 Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Richard D Marca counsel for Defendant Western Express Inc. Adding Richard D. Marca as counsel of record for Western Express, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc,. (Attachments: #1 Exhibit Proof of Service)(Attorney Richard D Marca added to party Western Express Inc(pty:dft))(Marca, Richard)
August 26, 2015 Opinion or Order Filing 41 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
August 21, 2015 Filing 40 NOTICE OF CLERICAL ERROR: Due to clerical error document was docketed in error. Please disregard Dkt. No. #39 . (twdb)
August 21, 2015 Filing 39 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on November 10, 2015. (mku)
August 20, 2015 Opinion or Order Filing 38 ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 10/5/2015 at 11:00 PM before Judge Jesus G. Bernal. (vp)
August 20, 2015 Opinion or Order Filing 37 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: EDCV14-2273 JCB (SPx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick to Judge Jesus G. Bernal and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV15-1238 JGB (SPx). Signed by Judge Jesus G. Bernal (twdb)
August 19, 2015 Filing 36 NOTICE of Change of address by Corey S Utsurogi attorney for Defendant Western Express Inc. Changing attorneys address to 353 Sacramento Street, Suite 2000, San Francisco, CA 94111. Filed by Defendant Western Express Inc. (Utsurogi, Corey)
August 14, 2015 Filing 35 ANSWER to Complaint - (Discovery) 33 filed by Defendant Western Express Inc.(Choppin, William)
August 5, 2015 Filing 34 NOTICE of Appearance filed by attorney William Henry Choppin on behalf of Defendant Western Express Inc (Attorney William Henry Choppin added to party Western Express Inc(pty:dft))(Choppin, William)
August 5, 2015 Filing 33 CONFORMED COPY OF COMPLAINT filed in Alameda County Superior Court on 5/12/2015 by Plaintiff William Smith. (lwag)
August 5, 2015 Filing 32 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lwag)
August 5, 2015 Filing 31 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick. (lwag)
August 5, 2015 Filing 30 ORIGINAL file, copy of transfer order and docket sheet received from California Northern
July 31, 2015 Opinion or Order Filing 29 ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 7/31/15. (lrcS, COURT STAFF) (Filed on 7/31/2015) [Transferred from California Northern on 8/5/2015.]
July 29, 2015 Filing 28 DEMAND for Trial by Jury by William Smith. (Attachments: #1 Certificate/Proof of Service)(Mara, David) (Filed on 7/29/2015) [Transferred from California Northern on 8/5/2015.]
July 28, 2015 Filing 27 CERTIFICATE OF SERVICE by William Smith re #26 STIPULATION WITH PROPOSED ORDER re: venue transfer to central district (Mara, David) (Filed on 7/28/2015) [Transferred from California Northern on 8/5/2015.]
July 28, 2015 Filing 26 STIPULATION WITH PROPOSED ORDER re: venue transfer to central district filed by William Smith. (Attachments: #1 Proposed Order)(Mara, David) (Filed on 7/28/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Filing 25 Proposed Order re #22 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER by Western Express, Inc.. (Hartley, Carla) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Filing 24 Declaration of Clarence Easterday in Support of #22 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER filed byWestern Express, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #22 ) (Hartley, Carla) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Filing 23 Brief re #22 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER DEFENDANT WESTERN EXPRESS, INC.S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE filed byWestern Express, Inc.. (Related document(s) #22 ) (Hartley, Carla) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Filing 22 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER filed by Western Express, Inc.. Motion Hearing set for 8/19/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 8/5/2015. Replies due by 8/12/2015. (Hartley, Carla) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Opinion or Order Filing 21 CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 9/30/2015. Case Management Conference set for 10/7/2015 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 7/14/15. (lrcS, COURT STAFF) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 14, 2015 Opinion or Order Filing 20 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 7/14/15. (sv, COURT STAFF) (Filed on 7/14/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 18 MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER filed by Western Express, Inc.. Motion Hearing set for 8/18/2015 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Responses due by 8/4/2015. Replies due by 8/11/2015. (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Western Express, Inc... (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 16 Proposed Order re #13 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER by Western Express, Inc.. (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 15 Brief re #13 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER DEFENDANT WESTERN EXPRESS, INC.S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE filed byWestern Express, Inc.. (Related document(s) #13 ) (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 14 Declaration of Clarence Easterday in Support of #13 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE filed byWestern Express, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #13 ) (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 13, 2015 Filing 13 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT WESTERN EXPRESS, INC.S NOTICE OF MOTION AND MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO TRANSFER filed by Western Express, Inc.. Motion Hearing set for 8/18/2015 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Responses due by 8/4/2015. Replies due by 8/11/2015. (Hartley, Carla) (Filed on 7/13/2015) [Transferred from California Northern on 8/5/2015.]
July 7, 2015 Filing 12 CERTIFICATE OF SERVICE by Western Express, Inc. re #11 Initial Case Management Scheduling Order with ADR Deadlines (Hartley, Carla) (Filed on 7/7/2015) [Transferred from California Northern on 8/5/2015.]
July 7, 2015 Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/29/2015. Case Management Conference set for 10/6/2015 10:00 AM. (mclS, COURT STAFF) (Filed on 7/7/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 10 CERTIFICATE OF SERVICE by Western Express, Inc. re #1 Notice of Removal, Notice to Adverse Parties and State Court of Removal of Civil Action (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 9 Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kcS, COURT STAFF) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 8 CERTIFICATE OF SERVICE by Western Express, Inc. re #4 Statement, #6 Declaration in Support, #1 Notice of Removal, #2 Civil Cover Sheet, #3 Statement, #7 Notice (Other), #5 Declaration in Support Paul H. Duvall and Declaration in Support Clarence Easterday (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 7 NOTICE by Western Express, Inc. re #1 Notice of Removal, NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 6 Declaration of Clarence Easterday in Support of #1 Notice of Removal, filed byWestern Express, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #1 ) (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 5 Declaration of Paul H. Duvall in Support of #1 Notice of Removal, filed byWestern Express, Inc.. (Attachments: #1 *** Copy of Complaint in Exhibit 1 *** Exhibit 1-5)(Related document(s) #1 ) (Hartley, Carla) (Filed on 7/6/2015) Modified on 7/7/2015 (mclS, COURT STAFF). [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 4 Statement re #1 Notice of Removal, CERTIFICATION OF INTERESTED ENTITIES OR PERSONS by Western Express, Inc.. (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 3 Statement re #1 Notice of Removal, CORPORATE DISCLOSURE STATEMENT by Western Express, Inc.. (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 2 Civil Cover Sheet by Western Express, Inc. . (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]
July 6, 2015 Filing 1 NOTICE OF REMOVAL BY DEFENDANT WESTERN EXPRESS, INC., A TENNESSEE CORPORATION, DBA WESTERN EXPRESS TRANSPORT OF CALIFORNIA, INC. PURSUANT TO 28 U.S.C. 1332, 1441, AND 1446 from Alameda. Their case number is RG15770012. (Filing fee $400 receipt number 0971-9653540). Filed byWestern Express, Inc.. (Hartley, Carla) (Filed on 7/6/2015) [Transferred from California Northern on 8/5/2015.]

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Search for this case: William Smith v. Western Express Inc
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Plaintiff: William Smith
Represented By: William David Turley
Represented By: Isam C Khoury
Represented By: Jamie K Serb
Represented By: David Thomas Mara
Represented By: Michael D Singer
Represented By: Brian J Mankin
Represented By: James Jason Hill
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Defendant: Western Express Inc
Represented By: Paul H Duvall
Represented By: Corey S Utsurogi
Represented By: Carla J Hartley
Represented By: Richard Eddie Wayland
Represented By: Jeff T Olsen
Represented By: Richard D Marca
Represented By: Rodney Douglas Hanson
Represented By: William Henry Choppin
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Defendant: Does 1-100, inclusive
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Defendant: Western Express Inc a corporation doing business as Western Express Transport of California Inc
Represented By: Paul H Duvall
Represented By: Corey S Utsurogi
Represented By: Carla J Hartley
Represented By: Richard Eddie Wayland
Represented By: Jeff T Olsen
Represented By: Richard D Marca
Represented By: Rodney Douglas Hanson
Represented By: William Henry Choppin
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