Villali v. Chep Services, LLC, et al.
| Melvin Villali |
| Chep Services, LLC, Chep Recycled Pallet Solutions, LLC and Kenneth Barner |
| 1:2020cv01537 |
| October 29, 2020 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Christopher D Baker |
| Jennifer L Thurston |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 49
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 9/29/2023: On September 28, 2023, the parties filed a stipulation of dismissal of this action with prejudice. (Doc. #48 ) In light of the dismissal, this action is terminated by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. (Hall, S)
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SERVICE BY MAIL: 49 Minute Order served on Melvin Villali. (Hall, S)
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Filing 48
STIPULATION and PROPOSED ORDER for an Order Granting Stipulation of Dismissal [FRCP 41(A)] by Chep Services, LLC. (Attachments: #1 Proposed Order Granting Stipulation of Dismissal [FRCP 41(A)])(Habashy, Christopher)
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Filing 47
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 9/7/2023: On September 6, 2023, the parties filed a stipulated request to continue the scheduling conference set for September 13, 2023, by 30 days. (Doc. #46 ). As grounds for the requested continuance, the parties represent that they have reached a settlement and are finalizing a settlement agreement. (Id. at 2). The Court construes the parties' stipulation as a joint notice of settlement. See Local Rule 160(a). Accordingly, the parties are DIRECTED to file dispositional documents by no later than September 28, 2023, or, on or before that date, show cause to extend the time for filing dispositional documents. Local Rule 160(b). The scheduling conference and all case management dates, filing requirements, hearings and conferences are HEREBY VACATED. (Hall, S)
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SERVICE BY MAIL: 47 Minute Order served on Melvin Villali. (Hall, S)
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Filing 46
STIPULATION and PROPOSED ORDER for The Continuance of The Scheduling Conference By Thirty Days Or The Earliest Date Thereafter re #45 Civil New Case Documents for JLT, by Kenneth Barner, Chep Services, LLC. (Attachments: #1 Proposed Order Granting Stipulation To Continue The Scheduling Conference By Thirty Days Or The Earliest Date Thereafter)(Habashy, Christopher)
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Filing 45
CIVIL NEW CASE DOCUMENTS ISSUED. Scheduling Conference set for 9/13/2023 at 09:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 CDB Worksheet, #2 Standing Order, #3 Consent Form, #4 Informational Order) (Lundstrom, T)
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Filing 44
ORDER setting Scheduling Conference and directing Clerk of Court to re-issue Civil New Case Documents signed by Magistrate Judge Christopher D. Baker on 8/2/2023. (Lundstrom, T)
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SERVICE BY MAIL: #44 Order, #45 Civil New Case Documents for JLT, served on Melvin Villali. (Lundstrom, T)
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Filing 43
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: STATUS CONFERENCE held off the record on 6/20/2023. Plaintiff expressed intent and ongoing efforts to retain new counsel and requested additional time; no objection from Defendant. Court advised Plaintiff he remains pro se unless and until he retains new counsel and directed Plaintiff to review Court's website to access and familiarize himself with the Local Rules. Accordingly, the Court ORDERS Plaintiff to file with Court a notice of appearance for retained counsel no later than July 31, 2023. Neither party shall undertake or engage in any discovery pending further order of the Court. Plaintiff Melvin Villali, Pro Se, present. Defendants Counsel Christopher Habashy present. (Hall, S)
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SERVICE BY MAIL: 43 Minutes re Status Conference served on Melvin Villali. (Hall, S)
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Filing 42
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/30/2023: Due to a court holiday, the Status Conference set for June 19, 2023, is RESET for June 20, 2023, at 10:00 AM. The parties shall appear at the conference remotely via Zoom video conference, and the Zoom ID and password may be obtained from the Courtroom Deputy prior to the conference. (Hall, S)
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SERVICE BY MAIL: 42 Minute Order served on Melvin Villali. (Hall, S)
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Filing 41
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/22/2023: For good cause shown in Plaintiff's responses (Docs. #38 and #39 ), the Order to Show Cause (Doc. #37 ) is discharged. The parties shall appear for status conference before U.S. Magistrate Judge Christopher D. Baker on June 19, 2023, at 10:00 AM. If before that date Plaintiff has not retained counsel and filed counsel's notice of appearance, Plaintiff himself shall appear for the status conference. The parties shall appear at the conference remotely via Zoom video conference, and the Zoom ID and password may be obtained from the Courtroom Deputy prior to the conference. (Hall, S)
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Filing 40
ORDER GRANTING Plaintiff's Substitution of Attorney #38 , signed by Magistrate Judge Christopher D. Baker on 5/19/2023. (Marrujo, C)
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SERVICE BY MAIL: #40 Order served on Melvin Villali. (Marrujo, C)
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SERVICE BY MAIL: 41 Minute Order served on Melvin Villali. (Hall, S)
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Filing 39
REPLY by Melvin Villali re #37 Order to Show Cause. (Attachments: #1 Proof of Service proof of Service Letter From Hospital)(Anton, Thomas)
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Filing 38
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Melvin Villali. (Attachments: #1 Proof of Service PROOF OF SERVICE SENT TO OPPOSING COUNSEL)(Anton, Thomas)
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Filing 37
ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Plaintiff's Failure to Comply and Failure to Prosecute, signed by Magistrate Judge Christopher D. Baker on 5/9/2023. Show Cause Response due within 10 days. (Hall, S)
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Filing 36
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: SCHEDULING CONFERENCE held off the record on 5/8/2023. No appearance by plaintiff's counsel. Case not scheduled; order to follow. Defendants Counsel Christopher Habashy present. (Hall, S)
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Filing 35
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/5/2023: Notwithstanding the late-noticed unavailability of plaintiff's counsel (Doc. #34 ), the Court intends to proceed with the scheduling conference on May 8, 2023, at 10:00 AM, via Zoom video conference. The Zoom ID and password have already been provided to counsel. (Hall, S)
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Filing 34
MEMORANDUM by Melvin Villali in SUPPORT OF. (Attachments: #1 Proof of Service Proof of Service for Certificate of Inability to Respond)(Anton, Thomas)
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Filing 33
SCHEDULING REPORT filed by Chep Services, LLC. (Habashy, Christopher)
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Filing 32
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 3/31/2023: The Court previously has granted the parties' numerous requests for good cause shown to continue the scheduling conference in this case. E.g., Docs. #27 , #29 , #31 . Most recently, the Court set the scheduling conference for April 5, 2023, and ordered the parties to file no less than one week in advance a joint scheduling report. (Doc. #31 .) The parties have not timely complied with this direction. Accordingly, the scheduling conference is continued to May 8, 2023 at 10:00 AM. In the event the parties fail to timely file a joint scheduling report or seek a continuance in advance of the reset scheduling conference, the parties will be subject to Court-ordered sanctions. (Hall, S)
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Filing 31
ORDER on #30 Second Stipulation to Continue the Scheduling Conference, signed by Magistrate Judge Christopher D. Baker on 2/2/2023. Scheduling Conference CONTINUED to 4/5/2023 at 09:30 AM before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 30
STIPULATION and PROPOSED ORDER for to Continue Scheduling Conference by Chep Services, LLC. (Attachments: #1 Proposed Order)(Habashy, Christopher)
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Filing 29
ORDER on #28 Stipulation Continuing Scheduling Conference as Modified, signed by Magistrate Judge Christopher D. Baker on 1/4/2023. Scheduling Conference CONTINUED to 2/8/2023 at 09:30 AM before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 28
STIPULATION and PROPOSED ORDER for / to Continue the Scheduling Conference by Thirty Days or the Earliest Date Thereafter by Kenneth Barner, Chep Services, LLC. (Attachments: #1 Proposed Order)(Habashy, Christopher)
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Filing 27
ORDER GRANTING #26 Stipulation to Continue the Scheduling Conference as Modified, signed by Magistrate Judge Christopher D. Baker on 11/17/2022. Scheduling Conference continued to 1/5/2023 at 09:00 AM before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 26
STIPULATION and PROPOSED ORDER for to Continue the Scheduling Conference re 25 Minute Order,, by Chep Services, LLC. (Attachments: #1 Proposed Order)(Habashy, Christopher)
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Filing 25
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Christopher D. Baker on 10/28/2022: A Scheduling Conference is set for 11/30/2022 at 09:00 AM. The parties shall appear remotely via Zoom video conference, and the Zoom ID and password will be provided to counsel by the Courtroom Deputy prior to the conference. The parties are reminded to consider filing consent/decline forms of Magistrate Judge jurisdiction (Doc. #2 ) and of their obligation to file a joint scheduling report at least one week prior to the conference (Doc. #2 ) and the report shall also be e-mailed, in Word format, to CDBorders@caed.uscourts.gov. (Hall, S)
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Filing 24
ANSWER by Chep Services, LLC.(Habashy, Christopher)
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Filing 23
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Sant Agata, S)
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Filing 22
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Stanley A. Boone on 9/2/2022: In light of the current posture of this case, the Scheduling Conference set for 9/26/2022 is RESET for 11/30/2022 at 09:00 AM in Bakersfield, 510 19th Street before the assigned Magistrate Judge. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Hall, S)
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Filing 21
ORDER GRANTING Defendants' #5 Motion to Dismiss, signed by District Judge Jennifer L. Thurston on 8/12/22. (Martin-Gill, S)
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Filing 20
NOTICE of APPEARANCE by Christopher M. Habashy on behalf of Kenneth Barner, Chep Services, LLC. Attorney Habashy, Christopher M. added. (Habashy, Christopher)
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Filing 19
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 6/14/2022: (Text Only Entry) Due to the pending Motion to Dismiss (Doc. No. #6 ), the Scheduling Conference is RESET from 6/28/2022 to 9/26/2022 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Report is due one week before the new conference date. If the motion is decided prior to the scheduled date, the parties may request that the scheduling conference be advanced by contacting the courtroom deputy. (Gonzales, V)
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Filing 18
MINUTE ORDER, signed by Magistrate Judge Stanley A. Boone on 3/7/2022: In light of the pending motion to dismiss, the Scheduling Conference set for 3/24/2022 is CONTINUED to 6/28/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Text Only Entry) (Hall, S)
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Filing 17
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Jessen, A)
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Filing 16
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. Documents filed in this case shall continue to include the temporary magistrate judge initials *(SAB)* until such time as a new Bakersfield magistrate is appointed. (Gonzalez, R)
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Filing 15
NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Stanley A. Boone* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SAB)* (Martin-Gill, S)
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Filing 14
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 12/1/2021: In light of the pending motion to dismiss, the Scheduling Conference set for 12/16/2021 is CONTINUED to 3/24/2022 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Text Only Entry) (Hall, S)
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Filing 13
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Gonzalez, R)
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Filing 12
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/3/2021: In light of the pending motion to dismiss, the Scheduling Conference set for 9/21/2021 is CONTINUED to 12/16/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Text Only Entry) (Hall, S)
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Filing 11
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 5/5/2021: In light of the pending motions to dismiss, the Scheduling Conference set for 5/25/2021 is CONTINUED to 9/21/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Text Only Entry) (Hall, S)
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Filing 10
NOTICE of CHANGE of ADDRESS by Christian Howland. (Howland, Christian)
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Filing 9
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/4/2021: In light of the pending motions to dismiss, the Scheduling Conference set for 3/23/2021 is CONTINUED to 5/25/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Text Only Entry) (Hall, S)
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Filing 8
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/4/2021: In light of the pending motions to dismiss, the Scheduling Conference set for 1/26/2021 is CONTINUED to 3/23/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Text Only Entry) (Hall, S)
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Filing 7
REPLY by Kenneth Barner, Chep Services, LLC re #5 Motion to Dismiss. (Inesta, Nancy)
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Filing 6
MOTION to DISMISS by Melvin Villali. Motion Hearing set for 12/8/2020 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Howland, Christian)
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MAIL RETURNED as Undeliverable, RTS, Not Deliverable as Addressed, Unable to Forward: #2 Civil New Case Documents, sent to Christian Howland. (Marrujo, C)
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Filing 5
MOTION to DISMISS by Kenneth Barner, Chep Services, LLC. Motion Hearing set for 12/8/2020 at 09:30 AM in Courtroom 4 before District Judge Dale A. Drozd. (Attachments: #1 Attachment 1)(Inesta, Nancy)
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Filing 4
[DISREGARD - SEE #5 MOTION] MOTION to DISMISS by Kenneth Barner, Chep Services, LLC. Motion Hearing set for 12/8/2020 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Attachment 1)(Inesta, Nancy) Modified on 11/6/2020 (Benson, A.).
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Filing 3
CERTIFICATE of SERVICE by Kenneth Barner, Chep Services, LLC re #1 Notice of Removal, #2 Civil New Case Documents,. (Inesta, Nancy)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 1/26/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Order re Consent, #5 VDRP) (Rivera, O)
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SERVICE BY MAIL: #2 Civil New Case Documents served on Christian Gregory Howland. (Rivera, O)
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RECEIPT number 0972-9212864 for $400.00 paid on 10/29/2020 by Nancy Inesta for filing fee. (Marrujo, C)
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Filing 1
NOTICE of REMOVAL from Kern County Superior Court, case number BCV-20-101417 by Melvin Villali. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Corporate Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1, #3 Civil Cover Sheet)(Inesta, Nancy)
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