Attebery v. US Foods, Inc. et al
| Steven Thomas Attebery |
| US Foods, Inc. a Delaware Corporation Doing business as US FoodService, Inc. |
| 1:2022cv01352 |
| October 20, 2022 |
| US District Court for the Eastern District of California |
| Barbara A McAuliffe |
| Jennifer L Thurston |
| Labor: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
Docket Report
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Filing 10
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302, the recently-filed Motion to Remand #7 will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload signed by District Judge Jennifer L. Thurston on November 22, 2022. (Munoz, I)
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Filing 9
REPLY by US Foods, Inc. re #5 Motion to Dismiss,,. (Chen, Annie)
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Filing 8
OPPOSITION by US Foods, Inc. to #7 Motion to Remand,. (Attachments: #1 Declaration of Annie H. Chen in Opposition to Plaintiff's Motion to Remand, #2 Declaration of Ronald Tolbert in Opposition to Plaintiff's Motion to Remand)(Chen, Annie)
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Filing 7
MOTION to REMAND PLAINTIFF'S NOTICE OF MOTION TO REMAND CASE TO STATE COURT by Steven Thomas Attebery. Motion Hearing set for 12/16/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 PLAINTIFF STEVEN THOMAS ATTEBERY'S MEMORANDUM IN SUPPORT OF MOTION FOR REMAND, #2 [PROPOSED] ORDER GRANTING MOTION TO REMAND CASE TO STATE COURT)(Fernandez, Isandra)
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Filing 6
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the recently-filed motion to dismiss #5 will be heard and decided by the undersigned. As set forth in the undersigned's standing order, no hearing will be calendared, and the matter will be decided on the papers. 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 is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that 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 the parties jointly 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 November 3, 2022. (Munoz, I)
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Filing 5
MOTION to DISMISS by US Foods, Inc.. Motion Hearing set for 12/6/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Defendant US Foods, Inc.'s Memorandum of Points and Authorities in Support of Its Motion to Dismiss and/or Stay, #2 Declaration of Annie H. Chen in Support of Defendant US Food, Inc.'s Motion to Dismiss and/or Stay, #3 Defendant US Foods, Inc.'s Request for Judicial Notice in Support of Its Motion to Dismiss and/or Stay)(Chen, Annie)
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Filing 4
CERTIFICATE / PROOF of SERVICE by US Foods, Inc. re #2 Notice of Related Case(s), #1 Notice of Removal, #3 Civil New Case Documents for JLT. (Liburt, Joseph)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/25/2023 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C)
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RECEIPT number ACAEDC-10505443 $402.00 paid by Joseph C Liburt on 10/20/2022 fbo US Foods, Inc. (Maldonado, C)
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Filing 2
NOTICE of RELATED CASE(S) by US Foods, Inc.. (Liburt, Joseph)
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Filing 1
NOTICE of REMOVAL from Fresno County Superior Court, case number 22CECG02944 by US Foods, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Defendant's Disclosure Statement)(Liburt, Joseph)
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