AmeriPride Services, LLC et al v. Teamsters Local 87 et al
| AmeriPride Services, LLC and Aramark Uniform & Career Apparel, LLC |
| Teamsters Local 431, Teamsters Local 87, Teamsters Local 137 and Teamsters Local 386 |
| 1:2021cv00969 |
| June 18, 2021 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Jennifer L Thurston |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 46
MINUTE ORDER (Text Only Entry) In light of the recent stipulated dismissal of certain parties from these cases, on or before July 20, 2023, the parties are directed to file a brief status report setting forth their respective positions regarding the pending motions for summary judgment. Specifically, the parties shall address: (1) whether there are aspects of those motions that can now be disregarded; (2) if, so, which portions; and (3) whether the court should hold the motions in abeyance for any reason, including ongoing settlement negotiations among the remaining parties signed by District Judge Jennifer L. Thurston on July 7, 2023. (Munoz, I)
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Filing 45
ORDER Regarding Stipulation of Dismissal, signed by Magistrate Judge Erica P. Grosjean on 07/05/2023. Teamsters Local 137 and Teamsters Local 431 terminated. (Maldonado, C)
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| Filing 44 STIPULATION and PROPOSED ORDER for Partial Dismissal by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Emery, Lauren) |
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Filing 43
MINUTE ORDER (Text Only Entry) The Court is aware that at least one motion remains under submission before the undersigned in this matter. As a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may be six or more months until the motion(s) in this matter is resolved. The Court reiterates that the magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should any party wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on October 12, 2022. (Munoz, I)
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Filing 42
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Marrujo, C)
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| Filing 41 REPLY by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87 re #35 Opposition to Motion. (McEntee, Peter) |
| Filing 40 REPLY by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC re #32 Motion for Summary Judgment,. (Gerber, Seth) |
| Filing 39 RESPONSE by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC to #29 Motion for Summary Judgment,. (Gerber, Seth) |
| Filing 38 DECLARATION of Joseph Sumlin in opposition to #32 Motion for Summary Judgment,. (McEntee, Peter) |
| Filing 37 NOTICE of ERRATA by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87 re #36 Opposition to Motion.. (McEntee, Peter) |
| Filing 36 OPPOSITION by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87 to #32 Motion for Summary Judgment,. (Attachments: #1 Response to Separate Statement of Facts, #2 Declaration of Joseph Sumlin)(McEntee, Peter) |
| Filing 35 OPPOSITION by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC to #29 Motion for Summary Judgment,. (Gerber, Seth) |
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Filing 34
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. (Jessen, A)
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Filing 33
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302, Standing Order Re Judicial Emergency [6-2], and the Order of Clarification #26 , the recently-filed motions for summary judgment #29 #32 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 of February 11, 2022 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 signed by District Judge Dale A. Drozd on December 10, 2021. (Munoz, I)
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| Filing 32 MOTION FOR SUMMARY JUDGMENT by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Attachments: #1 Statement of Undisputed Facts in Support of Motion for Summary Judgment, #2 Declaration of Edward Friedler, #3 Declaration of Dan Craig)(Gerber, Seth) |
| Filing 31 APPENDIX by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Gerber, Seth) |
| Filing 30 JOINT STATEMENT of Undisputed Facts filed by Plaintiffs AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Gerber, Seth) |
| Filing 29 MOTION FOR SUMMARY JUDGMENT by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Summary Judgment, #2 Statement of Undisputed Facts in Support of Motion for Summary Judgment, #3 Declaration of Russell Butler, #4 Declaration of Michael Pratt, #5 Declaration of Bryan Ronngren, #6 Declaration of Joseph Sumlin)(McEntee, Peter) |
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Filing 28
STIPULATION and ORDER signed by Magistrate Judge Erica P. Grosjean on November 30, 2021, as follows: Based on the parties' stipulation (ECF No. #27 ), IT IS ORDERED that the parties shall file their Cross-Motions for Summary Judgment or Motions for Judgment on the Pleadings no later than December 9, 2021. All other briefing deadlines remain unchanged. (See ECF No. #25 ). (Rooney, M)
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| Filing 27 STIPULATION and PROPOSED ORDER for Extension of Time to File Cross Motions for Summary Judgment or Motions for Judgment on the Pleadings by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87. (Attachments: #1 Declaration of Peter McEntee in Support of Stipulation for Extension of Time)(McEntee, Peter) |
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Filing 26
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Jessen, A)
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Filing 25
ORDER Permitting WITHDRAWAL of #15 Motion to Stay; ORDER CONSOLIDATING Cases re #21 and Scheduling Order, signed by Magistrate Judge Erica P. Grosjean on 10/4/2021. (Cases 1:21-cv-00969 NONE-EPG and 1:21-cv-01102 NONE-EPG Consolidated) (Martin-Gill, S)
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| Filing 24 STIPULATION and PROPOSED ORDER for (1) Withdrawal Of Motion To Stay, (2) To Consolidate Related Cases, (3) To Waive Discovery, (4) To Approve Briefing Schedule, And (5) To Approve Hearing Date by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Gerber, Seth) |
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Filing 23
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 9/23/2021: The Motion to Consolidate, document #21 , currently noticed for hearing on 10/15/2021, will now be held on 10/18/2021 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 1024453. (Text Only Entry) (Rooney, M)
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| Filing 22 DECLARATION of Philip A. Miscimarra in support of #21 Motion to Consolidate Cases,. (Gerber, Seth) |
| Filing 21 MOTION to CONSOLIDATE CASES Plaintiffs' Notice of Motion to Consolidate and Motion to Consolidate; Memorandum of Points and Authorities in Support Thereof by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. Motion Hearing set for 10/15/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order Proposed Order)(Gerber, Seth) |
| Filing 20 OPPOSITION by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC to #15 Motion to Stay,. (Attachments: #1 Exhibit 1)(Gerber, Seth) |
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Filing 19
ORDER signed by Magistrate Judge Erica P. Grosjean on September 10, 2021. IT IS ORDERED that Plaintiffs AmeriPride Services, LLC and Aramark Uniform & Career Apparel, LLC's unopposed motion for extension of time to respond to defendants' motion to stay (ECF No. #18 ) is GRANTED. Plaintiffs shall file a response to the motion to stay no later than September 17, 2021. (Rooney, M)
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| Filing 18 MOTION for 7-DAY EXTENSION OF TIME to Respond to Defendants' Motion to Stay by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Attachments: #1 Proposed Order)(Gerber, Seth) |
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Filing 17
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 8/26/2021: As a Motion to Stay, document #15 , has been noticed for hearing on 9/24/2021 before the District Judge, the Initial Scheduling Conference currently set for 9/13/2021 is CONTINUED and will now be held on 11/29/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. For telephonic participation, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. (Text Only Entry)(Rooney, M)
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Filing 16
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency [6-2], the recently-filed motion to stay #15 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 signed by District Judge Dale A. Drozd on August 25, 2021. (Munoz, I)
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| Filing 15 MOTION to STAY by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87. Motion Hearing set for 9/24/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Exhibit A, #2 Proposed Order)(McEntee, Peter) |
| Filing 14 ANSWER by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87.(McEntee, Peter) |
| Filing 13 NOTICE of RELATED CASE(S) 1:21-cv-01102 by Teamsters Local 137, Teamsters Local 386, Teamsters Local 431, Teamsters Local 87. Attorney McEntee, Peter Mainland added. (McEntee, Peter) |
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Filing 12
PRO HAC VICE ORDER signed by Magistrate Judge Erica P. Grosjean on 6/29/2021. Added attorney Phillip A. Miscimarra, PHV for AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. Application #9 is Granted. (Jessen, A)
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Filing 11
PRO HAC VICE ORDER signed by Magistrate Judge Erica P. Grosjean on 6/29/2021. Added attorney Lauren Michelle Emery, PHV for AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. Application #8 is Granted. (Jessen, A)
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| Filing 10 CERTIFICATE of SERVICE by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Gerber, Seth) |
| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC for attorney Philip A. Miscimarra to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9675418) (Gerber, Seth) |
| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC for attorney Lauren Michelle Emery to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9675396) (Gerber, Seth) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to All Defendants (Gerber, Seth) |
| Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 9/23/2021 at 10:30 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) (Maldonado, C) |
| Filing 5 SUMMONS ISSUED as to *Teamsters Local 431, Teamsters Local 87* with answer to complaint due within *21* days. Attorney *Morgan, Lewis & Bockius LLP* *Seth M. Gerber* *2049 Century Park East, Suite 700* *Los Angeles, CA 90067*. (Maldonado, C) |
| Filing 4 SUMMONS ISSUED as to *Teamsters Local 137, Teamsters Local 386* with answer to complaint due within *21* days. Attorney *Morgan, Lewis & Bockius LLP* *Seth M. Gerber* *2049 Century Park East, Suite 700* *Los Angeles, CA 90067*. (Maldonado, C) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Plaintiffs AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Gerber, Seth) |
| Filing 2 CIVIL COVER SHEET by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC (Gerber, Seth) |
| Filing 1 COMPLAINT against All Plaintiffs by AmeriPride Services, LLC, Aramark Uniform & Career Apparel, LLC. (Filing fee $ 402, receipt number 0972-9659014) (Attachments: #1 Exhibit Exh A - AUCA v Tmstrs (Fresno CBA), #2 Exhibit Exh B - AUCA v Tmstrs (1st Fresno Extnsn), #3 Exhibit Exh C - AUCA v Tmstrs (2nd Fresno Extnsn), #4 Exhibit Exh D - AUCA v Tmstrs (Fresno 431 Grv), #5 Exhibit Exh E - AUCA v Tmstrs (Merced CBA), #6 Exhibit Exh F - AUCA v Tmstrs (Merced Extnsn), #7 Exhibit Exh G - AUCA v Tmstrs (Merced 386 Grv), #8 Exhibit Exh H - AUCA v Tmstrs (Redding CBA), #9 Exhibit Exh I - AUCA v Tmstrs (Redding Extnsn), #10 Exhibit Exh J - AUCA v Tmstrs (Redding 137 Grv), #11 Exhibit Exh K - AUCA v Tmstrs (Bakersfield CBA), #12 Exhibit Exh L - AUCA v Tmstrs (Bakersfield 87 Grv))(Gerber, Seth) |
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