Hatlestad v. O'Reilly Auto Enterprises LLC et al
Theodore Hatlestad |
O'Reilly Auto Enterprises LLC, Austin Gilmore and Jason Vellido |
1:2022cv01644 |
December 28, 2022 |
US District Court for the Eastern District of California |
Ana de Alba |
Christopher D Baker |
Jennifer L Thurston |
Civil Rights: Jobs |
28 U.S.C. § 1441 Petition for Removal - Employment Discrimination |
Defendant |
Docket Report
This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
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Filing 14 MINUTE ORDER signed by District Judge Ana de Alba on 2/2/2023: (Text Only Entry) On January 27, 2023, the parties filed a stipulation to consolidate cases, to dismiss certain claims, and to dismiss certain defendants. (See Case No. 1:22-cv-1643-ADA-CDB, ECF No. 9.) On February 1, 2023, this Court granted that stipulation. (Id. at ECF No. 12.) Plaintiffs are directed to file a first amended complaint in accordance with the parties' stipulation under the lead case number for the now consolidated action, 1:22-cv-01643-ADA-CDB. See Hells Canyon Preservation Council v. U.S. Forest Service, 403 F.3d 683 (9th Cir. 2005). Plaintiffs shall file their first amended complaint no later than March 6, 2023. (Hernandez, M) |
SERVICE BY MAIL: 14 Minute Order served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Hernandez, M) |
Filing 13 ORDER GRANTING Parties' Stipulation to Dismiss Plaintiff Martinez's Fourth Cause of Action, DISMISSING Defendants Gilmore and Vellido, and CONSOLIDATING CASES, signed by District Judge Ana de Alba on 2/1/2023. Going forward, the parties and the Clerk of the Court are directed to file documents under only the lead case number. Future captions should indicate the lead case number followed by the member case number as follows: Lead Case: 1:22-cv-01643-ADA-CDB. Member Case: 1:22-cv-01644-ADA-CDB. (Rivera, O) |
Filing 12 ORDER on Stipulation Consolidating Actions Pursuant to Rule 42(a) and DIRECTING Clerk of Court to Adjust the Docket to Reflect Voluntary Dismissal of Certain Defendants Pursuant to Rule 41(a), signed by Magistrate Judge Christopher D. Baker on 1/31/2023. CASE CONSOLIDATED with 1:22-cv-01643-ADA-CDB Martinez v. O'Reilly Auto Enterprises, LLC, et al. Lead Case is 1:22-cv-01643-ADA-CDB. Member Case is 1:22-cv-01644-ADA-CDB. MEMBER CASE CLOSED. All future filings to be made in Lead Case 1:22-cv-01643-ADA-CDB. Defendants Austin Gilmore and Jason Vellido TERMINATED. (Rivera, O) |
SERVICE BY MAIL: #12 Order Consolidating Cases served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Rivera, O) |
SERVICE BY MAIL: #13 Order served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Rivera, O) |
Filing 11 PROPOSED ORDER re Order Dismissing the Third and Fifth Causes of Action; and Order Consolidating The Proceedings for All Purposes re #10 Stipulation by O'Reilly Auto Enterprises LLC. (Thorne, Geoffrey) |
Filing 10 STIPULATION re #8 Notice of Related Case(s), #6 Notice to Reschedule Hearing on Motion Third and Fifth Cause of Action and Consolidate Proceedings for All Purposes by O'Reilly Auto Enterprises LLC. (Thorne, Geoffrey) |
Filing 9 ORDER Relating and Reassigning Case and Referring Case to the Magistrate Judge for Further Proceedings signed by District Judge Ana de Alba on 01/18/2023. New Case Number 1:22-cv-1644 ADA-CDB.(Flores, E) |
SERVICE BY MAIL: #9 Order served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Flores, E) |
Filing 8 NOTICE of RELATED CASE(S) 1:22-cv-01643-ADA-CDB by O'Reilly Auto Enterprises LLC. (Attachments: #1 Proof of Service)(Thorne, Geoffrey) |
Filing 7 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 January 6, 2023. (Munoz, I) |
SERVICE BY MAIL: 7 Minute Order served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Munoz, I) |
Filing 6 NOTICE to RESCHEDULE HEARING on #5 Motion to Dismiss, : Motion Hearing set for 2/13/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Proof of Service)(Thorne, Geoffrey) |
Filing 5 MOTION to DISMISS by O'Reilly Auto Enterprises LLC. Motion Hearing set for 2/6/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Memorandum, #2 Declaration of Geoff Thorne, #3 Findings of Fact and Conclusions of Law, #4 Proof of Service)(Thorne, Geoffrey) |
Filing 4 NOTICE of APPEARANCE by James Michael Peterson on behalf of O'Reilly Auto Enterprises LLC. Attorney Peterson, James Michael added. (Attachments: #1 Proof of Service)(Peterson, James) |
Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/23/2023 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. (Attachments: #1 CDB Worksheet, #2 Standing Order, #3 Consent Form, #4 VDRP) (Maldonado, C) |
Filing 2 CLERK'S NOTICE to Attorneys April Ramirez and Nicholas Alexandroff to submit petition to practice in the Eastern District of California. (Maldonado, C) |
Filing 1 NOTICE of REMOVAL from Kern County Superior Court, case number BCV-22-102839 by Theodore Hatlestad. (Filing fee $ 402, receipt number ACAEDC-10617982) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Service Documents, #3 Civil Cover Sheet, #4 Declaration of Geoffrey Thorne, #5 Declaration of Mark Merz, #6 Notice of Interested Parties, #7 Demand for Jury, #8 Proof of Service)(Thorne, Geoffrey) |
SERVICE BY MAIL: #3 Civil New Case Documents for JLT, served on Nicholas Alexandroff NCAED, April Ramirez NCAED. (Maldonado, C) |
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