Rodriguez v. Sukut Construction, Inc. et al
| Jimmy Rodriguez |
| Sukut Construction, Inc. a California corporation Doing business as Sukut, A JV, Dragados USA Inc. a Delaware corporation Doing business as Dragados and Flatiron Construction Corporation a Delaware corporation Doing business as Flatiron |
| 1:2022cv01181 |
| September 16, 2022 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Ana de Alba |
| Christopher D Baker |
| Labor: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER on Stipulation of Voluntary Dismissal Pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii); ORDER DENYING #25 Motion as Moot, signed by Magistrate Judge Christopher D. Baker on 5/19/2023. CASE CLOSED. (Marrujo, C)
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Filing 36
STIPULATION and PROPOSED ORDER for Request for Voluntary Dismissal Pursuant to Fed R. Civ. P. 41(a)(1)(A)(ii) by Jimmy Rodriguez. (Attachments: #1 Proposed Order Proposed Order)(Mauro, Gregory)
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Filing 35
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/12/2023: In light of the parties' representations in their joint status report dated May 12, 2023 (Doc. #34 ), and for good cause shown, the date by which the parties SHALL FILE dispositional documents in 1:22-cv-01500-CDB and 1:22-cv-01181-CDB is extended to May 19, 2023. The motion hearings scheduled for May 24, 2023, are VACATED, and the parties SHALL APPEAR for status conference on May 24, 2023, at 9:30 AM in Bakersfield, CA, in the event dispositional documents are not timely filed.(Hall, S)
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Filing 34
JOINT STATUS REPORT by Dragados USA Inc.. (Cotter, Barbara)
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Filing 33
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/8/2023: On April 4, 2023, the parties requested from the Court a 30-day continuance of the hearings on defendants' pending motions. (1:22-cv-1500, Doc. 23; 1:22-cv-1181, Doc. #31 ). The parties represented to the Court that such extension was warranted to permit plaintiff sufficient time to voluntarily dismiss Case No. 1:22-cv-01500 in its entirety; his class claims as alleged in Case No. 1:22-cv-01181 and to allow the parties time to finalize the settlement agreement on an individual, non-class basis. (Id.) More than 30 days have passed and no filings have been made in either case. Accordingly, no later than May 12, 2023, the parties shall meet/confer and file a joint report in which they (1) identify any impediments remaining to timely filing the documents described in the parties' April 4 stipulations, and (2) propose a timeline for completing the filings and any other matters for the Court's consideration. (Hall, S)
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Filing 32
ORDER on #31 Stipulation Continuing Hearing on Defendants' Motion to Compel Arbitration, signed by Magistrate Judge Christopher D. Baker on 4/10/2023. Motion Hearing CONTINUED to 5/24/2023 at 10:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 31
STIPULATION and PROPOSED ORDER for to Continue Hearing on Motion to Compel Arbitration and Motion for Judgment on the Pleadings by Sukut Construction, Inc.. (Attachments: #1 Proposed Order)(Lomedico, Mia)
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Filing 30
REQUEST for JUDICIAL NOTICE by Dragados USA Inc.. (Cotter, Barbara)
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Filing 29
DECLARATION of Barbara Cotter in support of #25 Motion to Compel. (Cotter, Barbara)
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Filing 28
DECLARATION of Sam Aiello in support of #25 Motion to Compel. (Cotter, Barbara)
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Filing 27
DECLARATION of Shawn Golden in support of #25 Motion to Compel. (Cotter, Barbara)
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Filing 26
MEMORANDUM by Dragados USA Inc. in SUPPORT of #25 Motion to Compel. (Cotter, Barbara)
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Filing 25
MOTION to COMPEL Notice of Motion and Motion to Compel Arbitration by Dragados USA Inc.. Motion Hearing set for 4/24/2023 at 10:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. (Cotter, Barbara)
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Filing 24
STIPULATION and ORDER #22 Continuing Scheduling Conference, signed by Magistrate Judge Christopher D. Baker on 1/13/2023. Scheduling Conference CONTINUED to 5/24/2023 at 09:30 AM before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 23
JOINT SCHEDULING REPORT by Sukut Construction, Inc.. (Lomedico, Mia)
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Filing 22
STIPULATION and PROPOSED ORDER for Continuance of Scheduling Conference by Sukut Construction, Inc.. (Attachments: #1 Proposed Order)(Lomedico, Mia)
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Filing 21
NOTICE of RELATED CASE(S) 1:22-cv-01500-JLT-CDB by Jimmy Rodriguez. (Mauro, Gregory)
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Filing 20
ORDER DENYING #8 Plaintiff's Motion to Remand. signed by Magistrate Judge Christopher D. Baker on 12/9/2022. (Hall, S)
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Filing 19
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: HEARING on MOTION to REMAND #8 held on 12/8/2022. Motion addressed; submitted. Court to issue written order. Plaintiffs Counsel Michael Calvo present via video. Defendants Counsel Mia Lomedico, Barbara Cotter and Andrew Russell present via video. Court Reporter: ECRO: S. Hall. (Hall, S)
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Filing 18
ORDER on #17 Stipulation to Continue Hearing on Motion to Remand as Modified, signed by Magistrate Judge Christopher D. Baker on 11/14/2022. Motion Hearing set for 12/8/2022 at 10:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. (Hall, S)
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Filing 17
STIPULATION and PROPOSED ORDER for TO CONTINUE HEARING ON MOTION TO REMAND re #8 MOTION to REMAND PLAINTIFF'S NOTICE OF MOTION AND MOTION TO REMAND; DECLARATION OF GREGORY MAURO; [PROPOSED] ORDER by Flatiron Construction Corporation. (Attachments: #1 Proposed Order)(Russell, Andrew)
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Filing 16
REPLY by Jimmy Rodriguez to RESPONSE to #8 Motion to Remand,. (Mauro, Gregory)
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Filing 15
OPPOSITION by Flatiron Construction Corporation to #8 Motion to Remand,. (Attachments: #1 Declaration of Denio)(Russell, Andrew)
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Filing 14
ORDER reassigning case signed by District Judge Ana de Alba on 10/26/2022. New case number 1:22-cv-01181-CDB. (Lundstrom, T)
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Filing 13
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. (Cotter, Barbara)
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Filing 12
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. (Russell, Andrew)
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Filing 11
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. (Dauscher, Scott)
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Filing 10
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. (Mauro, Gregory)
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Filing 9
MINUTE ORDER signed by District Judge Ana de Alba on 10/20/2022: (Text Only Entry) The Court is in receipt of Plaintiff's Motion to Remand and Proposed Order (ECF No. 8). As the proposed Order is drafted for Magistrate Judge Christopher D. Baker's signature, the Court would like clarification regarding whether the parties intend to consent to the Magistrate Judge for all purposes or for the limited purpose of this Motion to Remand. The parties are instructed to file the appropriate consent forms, and indicate whether or not they consent to jurisdiction for all purposes pursuant to 28 U.S.C. 636(c)(1), including trial and entry of final judgment matters, or if jurisdiction is limited to this particular motion. Parties are instructed to submit this forms within 5 days of this order. These forms can be found on the Eastern District of California's website here: # https://www.caed.uscourts.gov/CAEDnew/index.cfm/judges/consent-to-proceed-before-a-magistrate-judge/ (Hernandez, M).
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Filing 8
MOTION to REMAND PLAINTIFF'S NOTICE OF MOTION AND MOTION TO REMAND; DECLARATION OF GREGORY MAURO; [PROPOSED] ORDER by Jimmy Rodriguez. Motion Hearing set for 11/21/2022 at 09:30 AM before Magistrate Judge Christopher D. Baker. (Attachments: #1 DECLARATION OF GREGORY MAURO IN SUPPORT OF MOTION TO REMAND, #2 [PROPOSED] ORDER RE PLAINTIFF'S MOTION FOR REMAND)(Mauro, Gregory)
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Filing 7
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. (Marrujo, C)
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Filing 6
CORPORATE DISCLOSURE STATEMENT by Defendant Dragados USA Inc.. (Cotter, Barbara)
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Filing 5
ANSWER by Dragados USA Inc..(Cotter, Barbara)
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Filing 4
NOTICE of Joinder by Dragados USA Inc. re #1 Notice of Removal,. Attorney Cotter, Barbara A. added. (Cotter, Barbara)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/19/2023 at 09:30 AM in Courtroom 7 (SKO) before BakersfieldMJ. (Attachments: #1 Standing Order, #2 BAK Worksheet, #3 Consent Form, #4 VDRP) (Sant Agata, S)
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Filing 2
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)* (Sant Agata, S)
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Filing 1
NOTICE of REMOVAL from Kern County Superior Court, case number BCV-22-101603 by Jimmy Rodriguez. (Filing fee $ 402, receipt number ACAEDC-10443943) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Interested Parties, #3 Declaration of Shawn Golden)(Russell, Andrew)
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