Barrett v. Armadillo Holdings, LLC et al
| Porsche Barrett |
| Armadillo Holdings, LLC a Nevada limited liability company Doing business as Texas Roadhouse, Texas Roadhouse Management Corp. and Texas Roadhouse, Inc. |
| 1:2022cv00882 |
| July 15, 2022 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Dale A Drozd |
| Erica P Grosjean |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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| Filing 26 JOINT STATUS REPORT by Porsche Barrett. (Lapuyade, Jean-Claude) |
Filing 25
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M)
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Filing 24
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 8/30/2022: As a Motion to Compel Arbitration and Stay All Proceedings, document #7 , has been noticed for 9/6/2022, and a Motion to Remand Action to State Court, document #13 , has been noticed for 9/20/2022, both before the assigned District Judge, the Court vacates the Scheduling Conference set for 9/22/2022 before Magistrate Judge Grosjean. Within ten days after the issuance of the ruling on said motions, should the matter go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M)
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| Filing 23 REPLY by Porsche Barrett re #21 Opposition to Motion. (Lapuyade, Jean-Claude) |
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Filing 22
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Apodaca, P)
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| Filing 21 OPPOSITION by Armadillo Holdings, LLC to #13 Motion to Remand,. (Attachments: #1 Declaration of Heather Belton, #2 Declaration of Kevin O'Bold)(Nordlander, Jeffrey) |
| Filing 20 RESPONSE by Armadillo Holdings, LLC to #16 Objections, #3 Request for Judicial Notice. (Nordlander, Jeffrey) |
| Filing 19 REPLY by Armadillo Holdings, LLC to RESPONSE to #7 Motion to Compel,. (Nordlander, Jeffrey) |
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Filing 18
MINUTE ORDER signed by District Judge Dale A. Drozd on 8/8/2022: (Text Only Entry) The parties are advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. The parties are further advised that the deadlines for filing opposition and reply briefs are governed by Local Rule 230, which was recently amended.(Hernandez, M)
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| Filing 17 OPPOSITION by Porsche Barrett to #7 Motion to Compel,. (Attachments: #1 Declaration of Plaintiff Porsche Barrett)(Lapuyade, Jean-Claude) |
| Filing 16 OBJECTIONS by Plaintiff Porsche Barrett to #1 Notice of Removal, #3 Request for Judicial Notice. (Lapuyade, Jean-Claude) |
| Filing 15 NOTICE OF WITHDRAWAL OF PLAINTIFF'S OBJECTIONS TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE AND EVIDENCE IN SUPPORT OF DEFENDANT'S NOTICE OF REMOVAL, FILED AS DOCUMENT NO. 14 by Porsche Barrett re #14 Objections. (Lapuyade, Jean-Claude) |
| Filing 14 OBJECTIONS by Plaintiff Porsche Barrett to #1 Notice of Removal, #3 Request for Judicial Notice. (Lapuyade, Jean-Claude) |
| Filing 13 MOTION to REMAND ACTION TO STATE COURT by Porsche Barrett. Motion Hearing set for 9/20/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jean-Claude Lapuyade, #3 Proposed Order Granting Plaintiff's Motion to Remand Action to State Court)(Lapuyade, Jean-Claude) |
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Filing 12
ORDER GRANTING #8 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 7/26/2022. Added attorney Blake J. Burgan, PHV for Armadillo Holdings, LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Marrujo, C)
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Filing 11
ORDER GRANTING #9 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 7/25/2022. Added attorney Kristine Anne Gordon, PHV for Armadillo Holdings, LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Marrujo, C)
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Filing 10
MINUTE ORDER signed by District Judge Dale A. Drozd on 7/25/2022: (Text Only Entry) The parties are advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. The parties are further advised that the deadlines for filing opposition and reply briefs are governed by Local Rule 230, which was recently amended.(Hernandez, M)
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| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Armadillo Holdings, LLC for attorney Kristine A. Gordon to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10344190) (Curley, Justin) |
| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Armadillo Holdings, LLC for attorney Blake J. Burgan to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10344181) (Curley, Justin) |
| Filing 7 MOTION to COMPEL Arbitration and Stay All Proceedings by Armadillo Holdings, LLC. Motion Hearing set for 9/6/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Blake Burgan, #3 Declaration of Don Estepp)(Curley, Justin) |
| Filing 6 CERTIFICATE / PROOF of SERVICE by Armadillo Holdings, LLC re #1 Notice of Removal. (Curley, Justin) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 9/22/2022 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Lawrence, A) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Defendant Armadillo Holdings, LLC. (Curley, Justin) |
| Filing 3 REQUEST for JUDICIAL NOTICE by Armadillo Holdings, LLC in re #1 Notice of Removal. (Curley, Justin) |
| Filing 2 CIVIL COVER SHEET by Armadillo Holdings, LLC (Curley, Justin) |
| Filing 1 NOTICE of REMOVAL from Stanislaus County Superior Court, case number CV-22-001986 by All Plaintiffs. (Filing fee $ 402, receipt number ACAEDC-10332216) (Curley, Justin) |
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