Alacraz et al v. Marten Transport LTD et al
Plaintiff: Jose Zepeda Alacraz and Maribel Alcala De Perez
Defendant: Marten Transport LTD and Jerry Wayne Dudley JR
Case Number: 1:2023cv00615
Filed: April 19, 2023
Court: US District Court for the Eastern District of California
Presiding Judge: Sheila K Oberto
Referring Judge: Jennifer L Thurston
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 20 MINUTE ORDER (Text Only Entry) Pursuant to the stipulation filed June 9, 2023 #19 , the pending motion to strike #8 is referred to the assigned magistrate judge for final disposition signed by District Judge Jennifer L. Thurston on June 15, 2023. (Munoz, I)
June 9, 2023 Opinion or Order Filing 19 STIPULATION re #18 Reply, #14 Memorandum, #8 MOTION to STRIKE Claim for Punitive Damages Pursuant to F.R.C.P. 12(f). JOINT STIPULATION FOR CONSENT TO UNITED STATES MAGISTRATE JUDGE FOR PENDING MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES PURSUANT TO F.R.C.P. 12(f) by Jose Zepeda Alacraz, Maribel Alcala De Perez. (Bagosy, Jennifer)
June 8, 2023 Opinion or Order Filing 18 REPLY by Jerry Wayne Dudley JR re #14 Memorandum, #8 Motion to Strike,. (Hughes, Bradford)
June 2, 2023 Opinion or Order Filing 17 CERTIFICATE / PROOF of SERVICE by Jerry Wayne Dudley JR, Marten Transport LTD. Attorney Sarabekian, Seta added. (Sarabekian, Seta)
June 1, 2023 Opinion or Order Filing 16 MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the recently-filed motion to strike #8 will be heard and decided by the undersigned. As set forth in the Court's standing order, no hearing will be calendared, and the matter will be decided on the papers. As a result of the ongoing judicial resource emergency in this District, more than 100 regular civil motions remain under submission before the undersigned. As a result, 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 June 1, 2023. (Munoz, I)
June 1, 2023 Opinion or Order Filing 15 STANDING ORDER signed by District Judge Jennifer L. Thurston on June 1, 2023. (Munoz, I)
May 31, 2023 Opinion or Order Filing 14 MEMORANDUM by Jose Zepeda Alacraz, Maribel Alcala De Perez in OPPOSITION TO re #8 MOTION to STRIKE Claim for Punitive Damages Pursuant to F.R.C.P. 12(f). filed by Jerry Wayne Dudley JR. (Bagosy, Jennifer)
May 31, 2023 Opinion or Order Filing 13 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Sheila K. Oberto. The new case number is: 1:23-cv-00615-JLT-SKO. (Sant Agata, S)
May 31, 2023 Opinion or Order Filing 12 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 5/31/2023: (Text Only Entry) Pursuant to paragraph (m) of the Automated Case Assignment Plan, Appendix A to the Local Rules of the United States District Court, Eastern District of California, this case was randomly assigned directly to Magistrate Judge Sheila K. Oberto. Without the written consent of all parties, pursuant to 28 U.S.C. 636(c), a Magistrate Judge cannot conduct all proceedings and enter judgment in this case. As there has been no written consent of all parties at this time, the hearing on Defendant's motion to strike set for June 28, 2023 (Doc. #8 ) is VACATED, to be re-set, if appropriate, before the to-be-assigned district judge. Accordingly, the Clerk of Court is DIRECTED to assign a district judge to this case. (Kusamura, W)
May 26, 2023 Opinion or Order Filing 11 NOTICE of APPEARANCE by Jennifer Renee Bagosy on behalf of Jose Zepeda Alacraz, Maribel Alcala De Perez. Attorney Bagosy, Jennifer Renee added. (Bagosy, Jennifer)
May 17, 2023 Opinion or Order Filing 10 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 5/17/2023: (Text Only Entry) Due to the status of the case, the parties are DIRECTED to file their consent or declination to jurisdiction of the magistrate judge, found at Doc. #4 -2, as soon as is practicable, but in any event by no later than May 26, 2023. (Kusamura, W)
May 17, 2023 Opinion or Order Filing 9 PROPOSED ORDER re Motion to Strike re #8 MOTION to STRIKE Claim for Punitive Damages Pursuant to F.R.C.P. 12(f). by Jerry Wayne Dudley JR. (Hughes, Bradford)
May 17, 2023 Opinion or Order Filing 8 MOTION to STRIKE Claim for Punitive Damages Pursuant to F.R.C.P. 12(f). by Jerry Wayne Dudley JR. Motion Hearing set for 6/28/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Memorandum of Points and Authorities in support of Motion to Strike, #2 Exhibit A, #3 Proposed Order regarding Motion to Strike)(Hughes, Bradford)
April 27, 2023 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED: All Plaintiffs. (Bagosy, Jennifer)
April 27, 2023 Opinion or Order Filing 6 CERTIFICATE / PROOF of SERVICE by Jerry Wayne Dudley JR, Marten Transport LTD. (Hughes, Bradford)
April 21, 2023 Opinion or Order Filing 5 STIPULATION to Extend Time to Respond to Initial Complaint By Not More Than 28 Days by Jerry Wayne Dudley JR, Marten Transport LTD. (Hughes, Bradford)
April 20, 2023 Opinion or Order Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/17/2023 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)
April 19, 2023 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Marten Transport LTD. (Hughes, Bradford)
April 19, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Jerry Wayne Dudley JR, Marten Transport LTD (Hughes, Bradford)
April 19, 2023 Opinion or Order Filing 1 NOTICE of REMOVAL from Fresno Superior Court, case number 23CRCG0892 by All Plaintiffs. (Filing fee $ 402, receipt number ACAEDC-10815835) (Attachments: #1 Declaration in Support of Removal)(Hughes, Bradford)

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Plaintiff: Jose Zepeda Alacraz
Represented By: Olivier A. Taillieu
Represented By: Jennifer Renee Bagosy
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Plaintiff: Maribel Alcala De Perez
Represented By: Olivier A. Taillieu
Represented By: Jennifer Renee Bagosy
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Defendant: Marten Transport LTD
Represented By: Bradford G. Hughes
Represented By: Seta Sarabekian
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Defendant: Jerry Wayne Dudley JR
Represented By: Bradford G. Hughes
Represented By: Seta Sarabekian
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