Zamudio v. Aerotek, Inc., et al.
| Diana Vega Zamudio |
| Aerotek, Inc., and Caterpillar Inc. |
| 1:2021cv01673 |
| November 18, 2021 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Christopher D Baker |
| Jennifer L Thurston |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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Filing 37
NOTICE of APPEARANCE by Joshua Maurice Mohrsaz on behalf of Diana Vega Zamudio. Attorney Mohrsaz, Joshua Maurice added. (Mohrsaz, Joshua)
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Filing 36
NOTICE of APPEARANCE by Edwin Pairavi on behalf of Diana Vega Zamudio. (Pairavi, Edwin)
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Filing 35
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 10/16/2023: In light of the resolved Motion to Compel Arbitration and Stay Action (Doc. #34 ), the Scheduling Conference set for 1/08/2024 is ADVANCED to 11/17/2023 at 10:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #2 ). (Hall, S)
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Filing 34
ORDER DENYING #16 Motion to Compel signed by District Judge Jennifer L. Thurston on 10/12/2023. (Lundstrom, T)
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Filing 33
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 9/12/2023: In light of the pending Motion to Compel Arbitration and Stay Action, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference set for 9/25/2023 is CONTINUED to 1/8/2024 at 10:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #2 ). (Hall, S)
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Filing 32
NOTICE of Supplemental Authorities and Joinder in Aerotek, Inc.'s Motion to Compel Arbitration by Caterpillar Inc. re 31 Minute Order,,. (Rosenman, Andrew)
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Filing 31
MINUTE ORDER (Text Only Entry) The Court has begun the process of reviewing and resolving in earnest the pending motion to compel arbitration. The parties are reminded of their ongoing obligation to inform the Court of any material developments in the procedural stance of this matter. No later than August 11, 2023, the parties may submit additional briefing, not to exceed ten pages in length, discussing any relevant judicial opinion(s) issued after the close of briefing signed by District Judge Jennifer L. Thurston on July 18, 2023. (Munoz, I)
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Filing 30
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/31/2023: In light of the pending Motion to Compel Arbitration and Stay Action, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference set for 6/20/2023 is CONTINUED to 9/25/2023 at 10:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #2 ). (Hall, S)
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Filing 29
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 2/24/2023: In light of the pending Motion to Compel Arbitration and Stay Action, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference set for 3/9/2023 is CONTINUED to 6/20/2023 at 09:00 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #2 ). (Hall, S)
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Filing 28
NOTICE of APPEARANCE by Story E. Cunningham on behalf of Aerotek, Inc.,. Attorney Cunningham, Story E. added. (Cunningham, Story)
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Filing 27
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 10/27/2022: In light of the pending Motion to Compel Arbitration and Stay Action, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference currently set for 11/15/2022 at 08:30 AM before Magistrate Judge Sheila K. Oberto is CONTINUED to 3/9/2023 at 09:30 AM before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference 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 of their obligation to file a joint scheduling report at least one week prior to the conference and the report shall also be e-mailed, in Word format, to CDBorders@caed.uscourts.gov. (Hall, S)
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Filing 26
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 25
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. (Lundstrom, T)
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Filing 24
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Sheila K. Oberto on 7/11/2022: In light of the pending Motion to Compel Arbitration and Stay Action, the Scheduling Conference set for 8/17/2022 is CONTINUED to 11/15/2022 at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. 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 23
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 5/4/2022: In light of the pending Motion to Compel Arbitration and Stay Action, the Scheduling Conference set for 5/26/2022 is CONTINUED to 8/17/2022 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. 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 22
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 4/25/2022: In view of the notice of withdrawal of counsel (Doc. #20 ), the Clerk of the Court is hereby DIRECTED to terminate Sean A. Flores as an attorney of record for Defendant Caterpillar Inc. Andrew S. Rosenman will continue to serve as an attorney of record for Defendant Caterpillar Inc. (Text Only Entry) (Hall, S)
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Filing 21
NOTICE of APPEARANCE by Edwin Pairavi on behalf of Diana Vega Zamudio. (Pairavi, Edwin)
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Filing 20
NOTICE of Withdrawal of Attorney Sean A. Flores by Caterpillar Inc.. (Flores, Sean)
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Filing 19
REPLY by Aerotek, Inc., re #18 Opposition to Motion. (Attachments: #1 Supplemental Declaration of Horacio Ramirez in Support of Defendant Aerotek, Inc.'s Reply to Plaintiff's Opposition to Motion to Compel Arbitration and Stay Action)(Kun, Michael)
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Filing 18
OPPOSITION by Diana Vega Zamudio to #16 Motion to Compel,,,. (Attachments: #1 Declaration of Diana Vega Zamudio)(Pairavi, Edwin)
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Filing 17
MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to compel arbitration and stay #16 will be decided on the papers. No hearing will be calendared. The hearing date selected by the movant will nonetheless serve to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). The parties are further informed that 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 still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on March 8, 2022. (Munoz, I)
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Filing 16
MOTION to COMPEL Arbitration and Stay Action; Memorandum of Points and Authorities in Support Thereof by Aerotek, Inc.,. Motion Hearing set for 4/20/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Horacio Ramirez in Support of Defendant Aerotek, Inc.'s Motion to Compel Arbitration and Stay Action, #2 Declaration of Michael S. Kun in Support of Defendant Aerotek, Inc.'s Motion to Compel Arbitration and Stay Action, #3 Declaration of Thomasina Barefield in Support of Defendant Aerotek, Inc.'s Motion to Compel Arbitration and Stay Action, #4 Defendant Aerotek, Inc.'s Request for Judicial Notice in Support of Motion to Compel Arbitration and Stay Action, #5 Proposed Order Granting Defendant Aerotek, Inc.'s Motion to Compel Arbitration and Stay Action)(Kun, Michael)
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Filing 15
ORDER DENYING #4 Plaintiff's Motion to Remand signed by District Judge Jennifer L. Thurston on 2/14/2022. (Jessen, A)
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Filing 14
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 1/28/2022: In light of the pending motion to remand, the Scheduling Conference set for 2/15/2022 is CONTINUED to 5/26/2022 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. 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
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/26/2022. (Gonzalez, R)
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Filing 12
REPLY by Diana Vega Zamudio re #4 Motion to Remand, #10 Opposition to Motion. (Pairavi, Edwin)
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Filing 11
REQUEST for JUDICIAL NOTICE by Caterpillar Inc. in re #10 Opposition to Motion. (Attachments: #1 Exhibit A)(Rosenman, Andrew)
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Filing 10
OPPOSITION by Caterpillar Inc. to #4 Motion to Remand,. (Attachments: #1 Declaration of Andrew S. Rosenman, #2 Exhibit 1, #3 Exhibit 2)(Rosenman, Andrew)
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Filing 9
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 *(SKO)* until such time as a new Bakersfield magistrate is appointed. (Gonzalez, R)
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Filing 8
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 Sheila K. Oberto* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SKO)* (Gonzalez, R)
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Filing 7
STIPULATION AND ORDER TO ADJUST BRIEFING DEADLINES FOR PLAINTIFF'S MOTION TO REMAND signed by District Judge Dale A. Drozd on January 4, 2022. (Munoz, I)
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Filing 6
STIPULATION and PROPOSED ORDER for Adjusting Briefing Deadlines for Plaintiff's Motion to Remand by Caterpillar Inc.. (Rosenman, Andrew)
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Filing 5
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302, Standing Order Re Judicial Emergency [2-3], and the Order of Clarification [2-4], the recently-filed motion to remand #4 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 January 18, 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 21, 2021. (Munoz, I)
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Filing 4
MOTION to REMAND by Diana Vega Zamudio. Motion Hearing set for 1/18/2022 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Edwin Pairavi, #2 Proposed Order)(Pairavi, Edwin)
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Filing 3
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. (Kun, Michael)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/15/2022 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 Clarification Order, #5 Consent Form, #6 VDRP) (Rivera, O)
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Filing 1
NOTICE of REMOVAL from Superior Court of the State of California, County of Kern, case number BCV-21-102423 by DOES 1 through 50, Caterpillar Inc., Aerotek, Inc.,. (Filing fee $ 402, receipt number ACAEDC-9936286) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Declaration of Horacio Ramirez in Support of Notice of Removal, #8 Request for Judicial Notice in Support of Notice of Removal, #9 Civil Cover Sheet, #10 Certificate of Service)(Rosenman, Andrew)
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