Luis Panduro v. ABC Phones of North Carolina, Inc. et al
| Luis Panduro |
| Verizon, ABC Phones of North Carolina, Inc. dba Victra, Does 1 through 100, inclusive, ABC Phones of North Carolina, Inc. and ABC Phones of North Carolina, Inc. a North Carolina Corporation doing business as Victra |
| Robert D Coviello |
| 8:2020cv00742 |
| April 15, 2020 |
| US District Court for the Central District of California |
| John D Early |
| Josephine L Staton |
| Labor: Fair Standards |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 Receipt of Letter of Transmittal - Remand to Superior Court. (jp) |
| Filing 38 TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court. Case number: 30-20-01136373-CU-OE-CXC. (jp) |
Filing 37
ORDER GRANTING Joint Stipulation and Request for Entry of Order Granting Leave to Dismiss Plaintiffs' Claims 1-10 and Remand the Action #36 by Judge Josephine L. Staton that (1) Claims 1-10 of Plaintiff's First Amended Complaint are dismissed without prejudice to the right of Plaintiff to assert such claims at a later date; (2) This action is REMANDED to the Superior Court for Orange County, Civil Complex Center, 751 W Santa Ana Blvd, Santa Ana, CA 92701, OCSC Case No.30-2020-01136373-CU-OE-CXC. (3) Each of the Parties shall bear his/her/its own attorneys fees and costs with respect to the removal and subsequent remand of the instant action. (Made JS-6 Case Terminated.) (jp)
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| Filing 36 Joint STIPULATION for Leave to Amend Complaint , Joint STIPULATION to Remand Case to State Court filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order Proposed Order re Joint Stipulation 5.20.21)(Quintilone, Richard) |
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Filing 35
DENIED BY ORDER OF THE COURT by Judge Josephine L. Staton. ***Plaintiffs Ex Parte Application (Doc. #33 ) is DENIED. Not only is Plaintiff's Application procedurally deficient (Plaintiff fails to advise the Court whether Defendant was notified that it had 24 hours to respond or that Defendant intended to oppose the Application (See Opp., Doc. 34))), Plaintiff shows neither the need for "extraordinary relief" nor the exercise of diligence necessary to obtain relief on an ex parte basis. See Judges' Procedures at http://www.cacd.uscourts.gov/honorablejosephine-l-staton. Although the Court is sympathetic to counsel's personal loss, Plaintiff has demonstrated a lack of diligence throughout this litigation significantly predating the parties second stipulation to continue case management deadlines filed on April 7, 2021, which the Court denied. (See Order, Doc. #28 .) Despite this denial, Plaintiff proceeded to file two untimely motions for class certification without leave of the Court. (See Docs. #31 and #32 .) Accordingly, these untimely motions are STRICKEN from the docket.*** (jp)
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| Filing 34 MEMORANDUM of Points and Authorities in Opposition to Plaintiff Luis Panduro Re: EX PARTE APPLICATION to Continue Case Management Dates #33 (Attachments: #1 Memorandum ISO Opposition to Ex Parte Application to Continue CMC, #2 Declaration of Shipley ISO Opposition to Ex Parte Application to Continue CMC Dates)(Shipley, Robert) |
| Filing 33 EX PARTE APPLICATION to Continue Case Management Dates filed by Plaintiff Luis Panduro. (Attachments: #1 Declaration Dec of REQ ISO Ex Parte Application 4.23.21, #2 Proposed Order Proposed Order Joint Ex Parte 4.23.21) (Quintilone, Richard) |
| Filing 32 [DOCUMENT STRICKEN PER ORDER DATED ON 5/4/2021, SEE DOCKET ENTRY NO. #35 ] - MEMORANDUM in Support of Class Certification filed by Plaintiff Luis Panduro. (Attachments: #1 Declaration Declaration of Richard E. Quintilone ISO Mtn for Class Cert, #2 Declaration Declaration of Bob Fountaun ISO Mtn for Class Cert, #3 Declaration Declaration of Hugo Ramirez-Garcia ISO Mtn for Class Cert, #4 Declaration Declaration of Aakash Shah ISO Mtn for Class Cert, #5 Memorandum Motion for Class Certification, #6 Supplement Proposed Trial Plan)(Quintilone, Richard). Modified on 5/4/2021 (jp). |
| Filing 31 [DOCUMENT STRICKEN PER ORDER DATED ON 5/4/2021, SEE DOCKET ENTRY NO. #35 ] - MEMORANDUM in Support of Conditional Certification under the FLSA filed by Plaintiff Luis Panduro. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Memorandum, #6 Proposed Order)(Quintilone, Richard). Modified on 5/4/2021 (jp). |
| Filing 30 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant ABC Phones of North Carolina, Inc.. Motion set for hearing on 7/9/2021 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum Points and Authorities ISO MTC Arbitration Dismiss Class Action Allegations and Stay Action, #2 Declaration of Shipley ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #3 Declaration of Gray ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #4 Declaration of Biscardi ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #5 Declaration Supp of Biscardi ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #6 Declaration of Patel ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #7 Declaration Supp of Patel ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #8 Appendix Compendium of Evidence ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N, #22 Exhibit O, #23 Exhibit P, #24 Exhibit Q, #25 Exhibit R, #26 Exhibit S, #27 Proposed Order on ABC MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action) (Shipley, Robert) |
| Filing 29 NOTICE of Withdrawal of its MTC Arbitration dismiss class and flsa action allegations and stay action filed by Defendant ABC Phones of North Carolina, Inc.. dba Victra (Shipley, Robert) |
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Filing 28
ORDER DENYING JOINT EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT DATES #26 by Judge Josephine L. Staton. (lom)
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| Filing 27 Notice of Electronic Filing re Joint EX PARTE APPLICATION to Continue Case Management Dates from See Stip. to See Stip. #26 e-mailed to axq@quintlaw.com bounced due to 550 5.1.10 RESOLVER.ADR.RecipientNotFound; Recipient axq@quintlaw.com not found by SMTP address lookup. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
| Filing 26 Joint EX PARTE APPLICATION to Continue Case Management Dates from See Stip. to See Stip. filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order) (Quintilone, Richard) |
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Filing 25
ORDER Re: Joint Stipulation and Agreement to Continue Case Management Dates #24 by Judge Josephine L. Staton, the Court modified the Scheduling Order as follows: Fact Discovery Cutoff: 4/8/2021. Last Daty to File a Motion for Class Certification: 4/8/2021. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 4/22/2021. Last Day to Serve Initial Expert Reports: 4/22/2021. Last Day to File Opposition: 5/5/2021. Last Day to File Reply: 5/19/2021. Last Day to Serve Rebuttal Expert Reports: 5/19/2021. Last Day to Conduct Settlement Proceedings: 6/11/2021. Expert Discovery Cutoff: 6/18/2021. Last Day to File Daubert Motions: 6/25/2021. Last Day to File Other Motions in Limine (Excluding Daubert Motions): 7/16/2021. Final Pretrial Conference set for 8/13/2021 at 10:30 AM. The Court also grants the parties' request to continue Defendant's Motion to Compel Arbitration (Doc. #21 ) from 2/5/2021 to 7/9/2021 at 10:30 AM. (jp)
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| Filing 24 Joint STIPULATION to Continue Case Management Dates from See Stip. to See Stip. filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order)(Quintilone, Richard) |
| Filing 23 WITHDRAWN, see docket entry no. 29 - SUPPLEMENT to NOTICE OF MOTION AND MOTION to Compel Arbitration #21 Supplemental Brief ISO ABC MTC Arbitration and Stay Action filed by Defendant ABC Phones of North Carolina, Inc.. (Attachments: #1 Declaration Patel Declaration ISO ABC MTC Arbitration and Stay Action, #2 Exhibit Request for Judicial Notice ISO ABC MTC Arbitration and Stay Action)(Shipley, Robert) Modified on 4/22/2021 (lom). |
| Filing 22 STIPULATION to Continue Case Management Schedule from January 8, 2021 et al. to January 8, 2022 et al. filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order Proposed Order on Joint Stipulation and Agreement to Continue Case Management Dates)(Quintilone, Richard) |
| Filing 21 WITHDRAWN, see docket entry no. 29 - NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant ABC Phones of North Carolina, Inc.. Motion set for hearing on 2/5/2021 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum Points and Authorities ISO MTC Arbitration Dismiss Class FLSA Action Allegations and Stay Action, #2 Declaration of Brandon S Gray ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #3 Declaration of Vanessa Biscardi ISO MTC Arbitration Dismiss Class and FLSA Allegations and Stay Action, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H) (Shipley, Robert) Modified on 4/22/2021 (lom). |
| Filing 20 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Robert D Coviello has been assigned to serve as Panel Mediator. (lst) |
| Filing 19 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Robert D. Coviello may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Luis Panduro(Quinones, Alejandro) |
| Filing 18 FIRST AMENDED COMPLAINT All Defendants amending Complaint - (Discovery), filed by Plaintiff Luis Panduro(Quinones, Alejandro) |
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Filing 17
ORDER GRANTING Joint Stipulation Allowing Plaintiff to File First Amended Complaint #13 by Judge Josephine L. Staton, the Court GRANTS leave Plaintiff to file his First Amended Class Action Complaint. Within seven days of the entry of this Order, Plaintiff shall serve and file the FAC in conformity with Local Rules 15-1 to 15-3. (jp)
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Filing 16
ORDER/REFERRAL to ADR Procedure No. 2 by Judge Josephine L. Staton. Case is ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than March 12, 2021. (tg)
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| Filing 15 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
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Filing 14
MINUTES (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 6/12/2020, is VACATED and the following schedule is set. Final Pretrial Conference set for 6/18/2021 at 10:30 AM before Judge Josephine L. Staton. (See document for further information). (jp)
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| Filing 13 Joint STIPULATION to AMEND Complaint - (Discovery) filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order GRANTING JOINT STIPULATION ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT)(Quinones, Alejandro) |
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Filing 12
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Josephine L. Staton: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Amend #11 , for the following reasons: (1) Case number is incorrect or missing. (jp)
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| Filing 11 [DOCUMENT STRICKEN PER ORDER DATED ON 6/1/2020, SEE DOCKET ENTRY NO. #12 ] - Joint STIPULATION to AMEND Complaint - (Discovery) filed by Plaintiff Luis Panduro. (Attachments: #1 Proposed Order GRANTING JOINT STIPULATION ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT)(Quinones, Alejandro). Modified on 6/1/2020 (jp). |
| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14, filed by Plaintiff Luis Panduro.. (Quinones, Alejandro) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference is set for 6/12/2020 at 10:30 a.m. See attached Order for details. (tg)
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| Filing 8 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) |
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:17-cv-02043 JLS (JDEx). Case transferred from Judge James V. Selna to Judge Josephine L. Staton for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-00742 JLS (JDEx). Signed by Judge Josephine L. Staton. (eva)
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| Filing 6 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant ABC Phones of North Carolina, Inc.. dba Victra Related Case(s): 8:17-cv-02043-JLS-JDEx; 2:19-cv-02547-JLS-JDEx; 2:19-cv-02244-JLS-JDEx (Shipley, Robert) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (jtil) |
| Filing 2 CERTIFICATE OF SERVICE filed by Defendant ABC Phones of North Carolina, Inc. dba Victra, re Notice of Removal (Attorney Civil Case Opening),, #1 and attachments on Plaintiff served on 04/15/2020. (Shipley, Robert) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Luis Panduro in Orange County Superior Court on 3/4/2020, attached as Exhibit 1. (jtil) |
| NON CONFORMED COPY OF DEFENDANT ANSWER to Complaint filed by Defendant ABC Phones of North Carolina, Inc., attached as Exhibit 5. (jtil) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-20-01136373-CU-OE-CXC Receipt No: ACACDC-26093061 - Fee: $400, filed by Defendant ABC Phones of North Carolina, Inc. dba Victra. (Attachments: #1 Declaration Reed Dec ISO ABC Notice of Removal, #2 Declaration Shipley Dec ISO ABC Notice of Removal, #3 Exhibit Exh 1 Complaint, #4 Exhibit Exh 2 Answer, #5 Civil Cover Sheet ABC Civil Cover Sheet, #6 Affidavit Notice of Interested Parties Corporate Disclosure) (Attorney Robert L Shipley added to party ABC Phones of North Carolina, Inc. dba Victra(pty:dft))(Shipley, Robert) |
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