Perez v. R&L Carriers Shared Services, LLC et al
| Samuel Perez |
| R&L Carriers Shared Services, LLC |
| 1:2020cv01335 |
| September 18, 2020 |
| US District Court for the Eastern District of California |
| Sheila K Oberto |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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Filing 13
MINUTE ORDER: (**TEXT ENTRY ONLY**) This case includes a claim under the California Private Attorney General Act ("PAGA"), Cal. Lab. Code 2699 (see Doc. 1-1 at 19), settlement of which requires court approval. Id. 2699(l)(2). The Court notes that while Plaintiff's "Notice of Settlement" indicates that the parties have "agreed to settle the above-captioned matter," it does not specify whether their settlement includes Plaintiff's PAGA claim. (See Doc. #11 at 2.) To the extent the parties have agreed to settle Plaintiff's PAGA claim and intend to dismiss it with, as opposed to without, prejudice, they shall file a motion for court approval of their PAGA settlement in lieu of dispositional documents by no later than November 16, 2020. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/27/2020. (Apodaca, P)
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Filing 12
MINUTE ORDER: (**TEXT ENTRY ONLY**), On October 26, 2020, Plaintiff filed a Notice of Settlement, indicating that the parties have settled the matter. (Doc. #11 .) Pursuant to Local Rule 160(b), the Court ORDERS that, by no later than November 16, 2020, the parties shall file dispositional documents requesting the dismissal of the action due to a settlement. All other deadlines and hearings are VACATED. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/27/2020. (Apodaca, P)
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| Filing 11 NOTICE of SETTLEMENT by Samuel Perez. Dispositional Docs due by 11/19/2020. (Felahy, Alan) |
| Filing 10 OPPOSITION by Samuel Perez to #4 Motion to Dismiss. (Attachments: #1 Declaration Declaration of Samuel Perez, #2 Notice of Errata)(Felahy, Alan) |
| Filing 9 OPPOSITION by Samuel Perez to #4 Motion to Dismiss. (Felahy, Alan) |
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Filing 8
MINUTE ORDER: (TEXT ENTRY ONLY) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency issued September 18, 2020 #2 -2, the recently-filed motion to dismiss will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. The hearing date chosen by the filing party serves 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. All parties are encouraged to reconsider magistrate judge consent signed by District Judge Dale A. Drozd on September 29, 2020. (Munoz, I)
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| Filing 7 NOTICE Defendant R&L Carriers Shared Services, LLCs Notice of Filing Corrected Request for Judicial Notice and Exhibit in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by R&L Carriers Shared Services, LLC re #5 Request for Judicial Notice, #4 MOTION to DISMISS. (Attachments: #1 Exhibit A)(Estrada, Diana) |
| 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. (Estrada, Diana) |
| Filing 5 REQUEST for JUDICIAL NOTICE by R&L Carriers Shared Services, LLC in re #4 Motion to Dismiss. (Estrada, Diana) |
| Filing 4 MOTION to DISMISS by R&L Carriers Shared Services, LLC. Motion Hearing set for 11/4/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Estrada, Diana) |
| Filing 3 CERTIFICATE of SERVICE by R&L Carriers Shared Services, LLC re #1 Notice of Removal. (Estrada, Diana) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/3/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Sant Agata, S) |
| Filing 1 NOTICE of REMOVAL from Stanislaus County Superior Court, case number CV-20-003545 by R&L Carriers Shared Services, LLC. (Filing fee $ 400, receipt number 0972-9125735) (Attachments: #1 Declaration, #2 Declaration, #3 Civil Cover Sheet)(Estrada, Diana) |
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| Defendant: R&L Carriers Shared Services, LLC | |
| Represented By: | Diana Marie Estrada |
| Represented By: | David S. Eisen |
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| Plaintiff: Samuel Perez | |
| Represented By: | Allen B. Felahy |
| Represented By: | Alan B. Felahy |
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