Cruz v. Gonzalez
| Nicandro Cruz |
| Luis Antonio Gonzalez an individual Doing business as Latino Farm Labor Service |
| 1:2023cv00037 |
| January 6, 2023 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Sheila K Oberto |
| Labor: Other |
| 05 U.S.C. ยง 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 REPLY by Nicandro Cruz re #8 Motion to Remand,. (Brown, Daniel) |
| Filing 10 OPPOSITION by Luis Antonio Gonzalez to #8 Motion to Remand,. (Attachments: #1 Declaration Declaration of Luis Antonio Gonzalez In Support of Opposition)(Campagne, Thomas) |
Filing 9
MINUTE ORDER signed by District Judge Ana de Alba on 2/9/2023: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #8 Motion to Remand will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. 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 is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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| Filing 8 MOTION to REMAND Amended by Nicandro Cruz. Motion Hearing set for 3/20/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration Declaration of Daniel J. Brown In Support of Plaintiff's Amended Motion to Remand, #2 Declaration Declaration of Nicandro Cruz In Support of Plaintiff's Amended Motion to Remand, #3 Proposed Order Proposed Order Granting Plaintiff's Amended Motion to Remand)(Brown, Daniel) |
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Filing 7
MINUTE ORDER signed by District Judge Ana de Alba on 2/7/2023: (Text Only Entry) On February 1, 2023, Plaintiff filed a #4 motion to remand the matter to state court. The motion is noticed for hearing on March 8, 2023 before Magistrate Judge Oberto in Courtroom 7 at 9:30 a.m., (See ECF No. 4 at 1), but a motion to remand is a matter for the district judge to address unless both parties consent to magistrate judge jurisdiction pursuant to 28 U.S.C. 636(c)(1). Cf. E.D. Cal. R. 302(c). Additionally, pursuant to Judge de Alba's Standing Order in Civil Actions, all motions and opposition papers may not exceed 20 pages. (S.O. J. de Alba at 2.) The memorandum of points and authorities in Plaintiff's motion is 21 pages. Therefore, the motion is denied, without prejudice. Plaintiff is advised to consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions prior to filing an amended motion to remand.(Hernandez, M)
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| Filing 6 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY): This case has been assigned to District Judge Ana de Alba and Magistrate Judge Sheila K. Oberto. The new case number is: 1:23-cv-00037-ADA-SKO. (Lawrence, A) |
| Filing 5 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. (Campagne, Thomas) |
| Filing 4 MOTION to REMAND Pursuant to 28 U.S.C. Section 1447 by Nicandro Cruz. Motion Hearing set for 3/8/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Daniel J. Brown, #2 Declaration of Nicandro Cruz, #3 Proposed Order Granting Mtn to Remand)(Surls, Ethan) |
| 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. (Surls, Ethan) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/9/2023 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Appendix A(m), #2 Order re Consent, #3 VDRP) (Sant Agata, S) |
| Filing 1 NOTICE of REMOVAL from Tulare County Superior Court, case number VCU293995 by Nicandro Cruz. (Filing fee $ 402, receipt number ACAEDC-10632673) (Attachments: #1 Exhibit Exhibits to Removal, #2 Declaration Declaration In Support of Removal, #3 Civil Cover Sheet Civil Cover Sheet)(Campagne, Thomas) |
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| Plaintiff: Nicandro Cruz | |
| Represented By: | Daniel Johnson Brown |
| Represented By: | Ethan Capell Surls |
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| Defendant: Luis Antonio Gonzalez an individual Doing business as Latino Farm Labor Service | |
| Represented By: | Thomas Elmer Campagne |
| Represented By: | Kari Lionel Ley |
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