Soto v. Graybar Electric Company, Inc., et al.
| John Soto |
| Graybar Electric Company, Inc. and Ernesto Acosta |
| 1:2024cv00520 |
| May 1, 2024 |
| U.S. District Court for the Eastern District of California |
| Sheila K Oberto |
| Jennifer L Thurston |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 REPLY by John Soto to RESPONSE to #6 Motion to Remand,. (Bakstad, Paal) |
| Filing 13 OPPOSITION by Graybar Electric Company, Inc. to #6 Motion to Remand,. (Attachments: #1 Declaration of Sara Lamkey in support of Defendant Graybar Electric Company, Inc.'s Opposition to Plaintiff John Soto's Motion for Order Remanding Action to State Court, #2 Request for Judicial Notice in support of Defendant Graybar Electric Company, Inc.'s Opposition to Plaintiff John Soto's Motion for Order Remanding Action to State Court, #3 Defendant Graybar Electric Company, Inc.'s Response to Plaintiff's Evidentiary Objections to Evidence Submitted in support of Notice of Removal)(Sullivan, Kevin) |
Filing 12
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Sheila K. Oberto on 6/14/2024: In light of the pending motion(s), the Initial Scheduling Conference currently set for 8/8/2024, is CONTINUED to 3/18/2025, at 9:45 AM, before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 11
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the filed motion to remand #6 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, approximately 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 4, 2024. (Munoz, I)
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Filing 10
STANDING ORDER signed by District Judge Jennifer L. Thurston on June 4, 2024. (Munoz, I)
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| Filing 9 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: 1:24-cv-00520-JLT-SKO. (Marrujo, C) |
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Filing 8
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/3/2024: (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. (See Doc. #2 -1.) 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. (See id.) As there has been no written consent of all parties at this time, the hearing on Plaintiff's motion for remand set for July 10, 2024 (Doc. #6 ) 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)
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| Filing 7 OBJECTIONS by Plaintiff John Soto. (Bakstad, Paal) |
| Filing 6 MOTION to REMAND Notice of Motion and Motion for Order Remanding Action to State Court; Memorandum of Points and Authorities by John Soto. Motion Hearing set for 7/10/2024 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Proposed Order Proposed order granting Plaintiff's Motion to remand action to state court)(Bakstad, Paal) |
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Filing 5
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANT'S RESPONSIVE PLEADING DEADLINE PENDING THE COURT'S RULING ON PLAINTIFF'S MOTION FOR REMAND. Order signed by Magistrate Judge Sheila K. Oberto on 5/8/2024. (Kusamura, W)
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| Filing 4 STIPULATION and PROPOSED ORDER for Continuance of Defendant Graybar Electric Company, Inc.'s Responsive Pleading Deadline Pending the Court's Ruling on Plaintiff's Motion for Remand by Graybar Electric Company, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Continue Defendant Graybar Electric Company, Inc.'s Responsive Pleading Deadline Pending the Court's Ruling on Plaintiff's Motion for Remand)(Sullivan, Kevin) |
| Filing 3 NOTICE of APPEARANCE by Paal Hjalmar Bakstad on behalf of John Soto. Attorney Bakstad, Paal Hjalmar added. (Bakstad, Paal) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/8/2024 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 VDRP) (Rivera, O) |
| RECEIPT number ACAEDC-11500174 for $405.00 for Civil Filing Fee from Kevin Dennis Sullivan. (Lundstrom, T) |
| Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 24CECG01252 by John Soto. (Attachments: #1 Exhibit 1: Plaintiff's Class Action Complaint, #2 Civil Cover Sheet, #3 Declaration of Sarah Lamkey in support of Defendant Graybar Electric Company, Inc.'s Notice of Removal, #4 Request for Judicial Notice in support of Defendant Graybar Electric Company, Inc.'s Notice of Removal, #5 Defendant Graybar Electric Company, Inc.'s Corporate Disclosure Statement, #6 Certificate of Service)(Sullivan, Kevin) |
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