Montes et al v. Bee Sweet Citrus, Inc.
| Octaviano Montalvo, Maria Diaz and Daniel Montes |
| Bee Sweet Citrus, Inc. |
| Eduardo Soto and Harvest Kings, LLC |
| 1:2020cv01162 |
| August 18, 2020 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Jennifer L Thurston |
| Labor: Other |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 46
ORDER DISMISSING Defendants' Counterclaims and ORDER Denying as Moot Plaintiff's #15 Motion to Dismiss signed by District Judge Jennifer L. Thurston on 08/31/2022. CASE CLOSED.(Flores, E)
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Filing 45
NOTICE of VOLUNTARY DISMISSAL by Bee Sweet Citrus, Inc.. (Campagne, Thomas)
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Filing 44
ORDER GRANTING #16 Defendants' Motion for Judgment on the Pleadings; ORDER DENYING AS MOOT #18 Plaintiff's Motion to Dismiss and #21 Defendants' Motion for Judgment on the Pleadings; ORDER DISMISSING Claims of Plaintiffs Daniel Montes, Maria Diaz, and Octaviano Montalvo; and ORDER for Defendants to Motion to Show Cause Why They Have Standing to Maintain Their Counterclaims signed by District Judge Jennifer L. Thurston on 8/16/2022. Response due within thirty (30) days. (Lawrence, A)
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Filing 43
NOTICE OF STANDING ORDER by All Plaintiffs. (Attachments: #1 Ex. 1 to Notice of Standing Order)(Kingsley, Eric)
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Filing 42
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Rivera, O)
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Filing 41
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Marrujo, C)
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Filing 40
NOTICE of Change of Firm Name by All Plaintiffs. (Aguilasocho, Edgar)
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Filing 39
Order GRANTING stipulation to grant the Cross Defendants a further continuance to respond to the cross claim, signed by Magistrate Judge Erica P. Grosjean on 7/14/2021(Rosales, O.)
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Filing 38
STIPULATION and PROPOSED ORDER for To Grant The Cross-Defendants a Further Continuance To Respond To The Cross-Claim by Harvest Kings, LLC. Attorney Raimondo, Anthony Peter added. (Raimondo, Anthony)
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Filing 37
MINUTE ORDER (TEXT ENTRY ONLY) The clerk of court is directed to terminate the request for entry of default #35 in light of withdrawal of that request #36 signed by District Judge Dale A. Drozd on June 16, 2021. (Munoz, I)
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Filing 36
REQUEST for Withdrawal of Application for Default by Bee Sweet Citrus, Inc.. (Campagne, Thomas)
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Filing 35
REQUEST FOR ENTRY OF DEFAULT as to Maria Diaz, Octaviano Montalvo, Daniel Montes by Bee Sweet Citrus, Inc.. (Attachments: #1 Declaration Declaration of Thomas E. Campagne In Support of Application for Default, #2 Exhibit Exhibits 1 and 2 to Declaration, #3 Proposed Order Proposed Order)(Campagne, Thomas)
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Filing 34
MINUTE ORDER (Text Only Entry) In light of the filing of a notice of constitutional challenge of state statute [doc. 13] and pursuant to Local Rule 132(b), the Clerk of Court is directed to serve a copy of that notice upon the Office of the Attorney General of the State of California signed by District Judge Dale A. Drozd on May 19, 2021. (Munoz, I)
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Filing 33
Order regarding stipulation to grant Cross-Defendant Eduardo Soto a continuance to respond tp the cross-claim, signed by Magistrate Judge Erica P. Grosjean on 1/3/2021. (Filing Deadline: 1/29/2021) (Rosales, O.)
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Filing 32
STIPULATION and PROPOSED ORDER for Continuance to Respond to the Cross-Claim by Eduardo Soto. Attorney Rosasco, Erica L. added. (Rosasco, Erica)
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Filing 31
SUMMONS RETURNED EXECUTED: Harvest Kings, LLC served on 12/3/2020, answer due 12/24/2020; Eduardo Soto served on 12/9/2020, answer due 12/30/2020. (Attachments: #1 Proof of Service)(Campagne, Thomas)
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Filing 30
SUMMONS ISSUED as to *Harvest Kings, LLC, Eduardo Soto* with answer to complaint due within *21* days. Attorney *Thomas Elmer Campagne* *1685 N. Helm Ave.* *Fresno, CA 93727*. (Sant Agata, S)
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Filing 29
REPLY by Bee Sweet Citrus, Inc. re #21 Motion to Dismiss, #28 Opposition to Motion. (Campagne, Thomas)
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Filing 28
OPPOSITION by Maria Diaz to #21 Motion to Dismiss,. (Stillershulman, Ariel)
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Filing 27
REPLY by Bee Sweet Citrus, Inc. re #16 Motion to Dismiss, #24 Opposition to Motion,,. (Campagne, Thomas)
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Filing 26
REPLY by Maria Diaz re #25 Opposition to Motion, #18 Motion to Dismiss,,,,. (Stillershulman, Ariel)
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Filing 25
OPPOSITION by Bee Sweet Citrus, Inc. to #18 Motion to Dismiss,,,,. (Attachments: #1 Declaration Declaration of Thomas E. Campagne In Support of Opposition, #2 Exhibit Exhibits A through C to Declaration of Thomas E. Campagne)(Campagne, Thomas)
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Filing 24
OPPOSITION by Maria Diaz to #16 Motion to Dismiss,. (Attachments: #1 Req. for Judicial Notice ISO Pl's Opposition to Def's Motion for Judgment on the Pleadings Pursuant to FCRP 12(C) and/or In the Alternative for Summary Judgment Pursuant FRCP56(A); and FRCP 19 Motion to Dismiss for Failure to Join Indispensable Parties, #2 Ex 1 to Req. for Judicial Notice ISO Pl's Opposition to Def's Motion for Judgment on the Pleadings Pursuant to FCRP 12(C) and/or In the Alternative for Summary Judgment Pursuant FRCP56(A); and FRCP 19 Motion to Dismiss for Failure to Join Indispensable Partie)(Stillershulman, Ariel)
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Filing 23
MINUTE ORDER issued by Courtroom Deputy V. Gonzales for Magistrate Judge Erica P. Grosjean on 11/03/2020: In light of the pending motions to dismiss (ECF Nos. #15 , #16 , #18 , #21 ), the scheduling conference, set for 12/8/2020, is VACATED to be reset, if needed, following resolution of said motions. (Gonzales, V)
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Filing 22
REPLY by Maria Diaz to RESPONSE to #18 Motion to Dismiss,,,,. Attorney Stillershulman, Ariel J. added. (Stillershulman, Ariel)
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Filing 21
MOTION to DISMISS by Bee Sweet Citrus, Inc.. Motion Hearing set for 12/1/2020 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Memorandum Memorandum of Points and Authorities In Support of Motion, #2 Declaration Declaration of Jim Marderosian In Support of Motion)(Campagne, Thomas)
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Filing 20
OPPOSITION by Bee Sweet Citrus, Inc. to #15 Motion to Dismiss. (Campagne, Thomas)
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Filing 19
MINUTE ORDER: (TEXT ENTRY ONLY) MOTION to DISMISS #18 set for 11/17/2020 before District Judge Dale A. Drozd signed by District Judge Dale A. Drozd on October 21, 2020. No hearing will be calendared, and the matter will be decided on the papers. The hearing dates chosen by the filing parties serve only to set the opposition and reply filing deadlines.(Munoz, I)
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Filing 18
MOTION to DISMISS by Maria Diaz. Attorney Stillershulman, Ariel J. added. Motion Hearing set for 11/17/2020 at 09:30 AM in Courtroom 4 before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #2 EX A to Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #3 EX B to Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #4 EX C to Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #5 EX D to Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #6 EX E to Declaration of Ari J. Stiller In Support of Plaintiff's Motion to Dismiss Case Without Prejudice (FRCP 41(a)(2)), #7 [Proposed] Order Re: Motion to Dismiss Complaint Without Prejudice (FRCP 41(a)(2)))(Stillershulman, Ariel)
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Filing 17
MINUTE ORDER: (TEXT ENTRY ONLY) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency #3 -2, the recently-filed motions to dismiss #15 #16 will be heard and decided by the undersigned. No hearing(s) will be calendared, and the matters will be decided on the papers. The hearing dates chosen by the filing parties serve only to set the opposition and reply filing deadlines. A written decision will issue as soon as is practicable in light of the court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. The parties are encouraged to reconsider consenting to magistrate judge jurisdiction over this action for all purposes signed by District Judge Dale A. Drozd on October 16, 2020. (Munoz, I)
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Filing 16
MOTION to DISMISS by Bee Sweet Citrus, Inc.. Motion Hearing set for 11/17/2020 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Memorandum Memorandum of Points and Authorities In Support of Motion, #2 Declaration Declaration of Jim Marderosian In Support of Motion)(Campagne, Thomas)
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Filing 15
MOTION to DISMISS by Daniel Montes. Motion Hearing set for 11/10/2020 at 09:30 AM in Courtroom 4 before Magistrate Judge Erica P. Grosjean. (Kingsley, Eric)
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Filing 14
NOTICE of APPEARANCE by Mario Martinez on behalf of Maria Diaz, Octaviano Montalvo, Daniel Montes. Attorney Martinez, Mario added. (Martinez, Mario)
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Filing 13
NOTICE of Constitutional Challenge of State Statute by Bee Sweet Citrus, Inc.. (Campagne, Thomas)
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Filing 12
CROSSCLAIM against Harvest Kings, LLC, Eduardo Soto by Bee Sweet Citrus, Inc.. (Attachments: #1 Exhibit Exhibits A through D)(Campagne, Thomas)
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Filing 11
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Campagne, Thomas)
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Filing 10
CROSSCLAIM against Harvest Kings, LLC, Eduardo Soto by Bee Sweet Citrus, Inc.. (Attachments: #1 Exhibit Exhibits A through D)(Campagne, Thomas)
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Filing 9
COUNTERCLAIM against Maria Diaz, Octaviano Montalvo, Daniel Montes by Bee Sweet Citrus, Inc..(Campagne, Thomas)
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Filing 8
ANSWER by Bee Sweet Citrus, Inc.. Attorney Campagne, Thomas Elmer added.(Campagne, Thomas)
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Filing 7
SUMMONS RETURNED EXECUTED: All Defendants., SUMMONS RETURNED UNEXECUTED as to All Defendants. (Szamet, Kelsey)
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Filing 6
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Szamet, Kelsey)
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Filing 5
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Szamet, Kelsey)
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Filing 4
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Szamet, Kelsey)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/8/2020 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Lundstrom, T)
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Filing 2
SUMMONS ISSUED as to *Bee Sweet Citrus, Inc. * with answer to complaint due within *21* days. Attorney *Kelsey Szamet* *Kingsley & Kingsley, APC* *16133 Ventura Blvd., Suite 1200* *Encino, CA 91436*. (Lundstrom, T)
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Filing 1
COMPLAINT Class Action against All Defendants by Daniel Montes, Maria Diaz, Octaviano Montalvo. (Attachments: #1 Civil Cover Sheet)(Szamet, Kelsey)
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RECEIPT number 0972-9061823 for $400.00 for Plaintiff's from Kelsey Szamet. (Sant Agata, S)
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