Bicek v. C & S Wholesale Grocers, Inc. et al
| Dennis Bicek |
| C & S Wholesale Grocers, Inc. and Tracy Logistics LLC |
| 2:2013cv00411 |
| February 28, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Morrison C. England |
| Labor: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
112
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 10/5/2016 ORDERING that Plaintiff Danny Payne's claims against Defendants are DISMISSED with prejudice, and the Court declines to impose monetary sanctions. (Zignago, K.)
|
|
Filing
110
STIPULATION and ORDER OF DISMISSAL signed by District Judge Morrison C. England, Jr on 9/21/16. The parties, by and through their counsel, hereby stipulate and agree as follows: 1. Plaintiff Dennis Bicek's individual claims shall be dismissed w ith prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 81 ]; 2. Plaintiff Jose Chan's individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fee s and costs incurred by Defendants, [Document 92 ]]; 3. Plaintiff Jesus Alvarez' individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 89 ]; 4. Plai ntiff Eugene Geerlof's individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 86 ]; 5. Plaintiff Bradley Moore's individual claims shall be dismi ssed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 85 ]; 6. Plaintiff Benjamin Tilos, Jr.'s individual claims shall be dismissed with prejudice, in exchange for a waiver and ful l release of fees and costs incurred by Defendants, [Document 87 ]; 7. Plaintiff Sean Roberts' individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document [ 88]]; 8. Plaintiff Timothy Rausches' individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 83 ]; 9. Plaintiff Sue Gunter's individual claims sh all be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 82 ]; 10. Plaintiff Manuel Valdes Jr.'s individual claims shall be dismissed with prejudice, in exchange for a waiv er and full release of fees and costs incurred by Defendants, [Document 93 ]; 11. Plaintiff James E. Woerhle's individual claims shall be dismissed with prejudice, in exchange for a waiver and full release of fees and costs incurred by Defendants, [Document 84 ]; 12. Each party agrees to bear its own fees and costs related to this matter. CASE CLOSED (Mena-Sanchez, L)
|
|
Filing
102
ORDER signed by District Judge Morrison C. England, Jr., on 6/29/16 ORDERING that the parties' Stipulation is approved. Plaintiff Williams' individual claims are DISMISSED with prejudice. Each party shall bear his or its own attorneys' fees, costs, and expenses related to this action. This action shall proceed on the claims of the remaining parties. (Kastilahn, A)
|
|
Filing
97
AMENDED PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 9/2/15 ORDERING that the Final Pretrial Conference is SET for 9/1/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties sha ll file, not later than 8/11/2016, a Joint Final Pretrial Conference Statement. The parties shall file trial briefs not later than 8/18/2016. Any evidentiary or procedural motions are to be filed by 8/11/2016. Oppositions must be filed by 8/18/2016 and any reply must be filed by 8/25/2016. Jury Trial is SET for 10/24/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties estimate a trial length of five (5) days. (Kastilahn, A)
|
|
Filing
96
ORDER signed by Chief Judge Morrison C. England, Jr on 7/29/15 ORDERING for the reasons set forth above, Defendants' Motion for Partial Summary Judgment 90 is DENIED. An Amended Pretrial Scheduling Order setting the matter for trial will issue from the court. (Becknal, R)
|
|
Filing
67
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr on 4/11/14 ORDERING that the Defendants' Motion to Deny Class Certification, 64 is GRANTED.(Becknal, R)
|
|
Filing
63
PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 1/10/14. All discovery, with the exception of expert discovery, shall be completed by 9/12/2014. Designation of Expert Witnesses is due by 11/13/2014. The last day to hea r dispositive motions shall be 3/19/2015. The Final Pretrial Conference is set for 5/28/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties shall file, not later than 5/7/2015, a Joint Final Pretrial Confe rence Statement. The parties shall file trial briefs not later than 5/14/2015. Any evidentiary or procedural motions are to be filed by 5/7/2015. Oppositions must be filed by 5/14/2015 and any reply must be filed by 5/21/2015. Jury Trial is set for 7/13/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties estimate a trial length of five (5) days. (Kastilahn, A)
|
|
Filing
61
RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr. on 10/23/2013 ORDERING that the actions denominated as 2:13-cv-01798-KJM-DAD, 2:13-cv-02134-GEB-EFB, 2:13-cv-02140-TLN-KJN, and 2:13-cv-02175-KJM-AC are REASSIGNED to Chief Judge Morr ison C. England, Jr. and Magistrate Judge Kendall J. Newman for all further proceedings, and any dates currently set in these reassigned cases only are hereby VACATED. The Clerk of the Court is to issue an Order Requiring Joint Status Report. IT I S FURTHER ORDERED that the action denominated as 2:13-cv-02153-MCE-CKD is REASSIGNED from Magistrate Judge Carolyn K. Delaney to Magistrate Judge Kendall J. Newman for all further proceedings. The caption on documents filed in the reassigned cases shall be shown as: 2:13-cv-01798-MCE-KJN, 2:13-cv-02134-MCE-KJN, 2:13-cv-02140-MCE-KJN, 2:13-cv-02153-MCE-KJN, 2:13-cv-02175-MCE-KJN. (Zignago, K.)
|
|
Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ORDERING that Defendants' 54 request for sanctions is GRANTED IN PART. Within 14 days of this order, plaintiff's counsel shall pay a total of $3,650.00 in attorneys& #039; fees to defendants' counsel as monetary discovery sanctions. Plaintiff's counsel shall not attempt to directly or indirectly recover such sanctions from plaintiff. The October 2, 2013 order to show cause 53 is DISCHARGED. (Kastilahn, A)
|
|
Filing
53
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/2/2013 ORDERING that the depositions of putative class members shall go forward on the agreed-upon dates of October 23, 24, 25, 28, 29, and 30, and November 1, 4, 6, a nd 7, absent agreement of the parties or other extraordinary circumstances preventing any deposition(s). No later than 5 p.m. on Tuesday, 10/8/2013, plaintiff's counsel shall provide defendants' counsel with sealed "personal and conf idential" letters to the prospective putative class member deponents, outlining any appropriate information regarding the litigation that plaintiff's counsel wishes to convey to these prospective deponents. No later than 5 p.m. on Friday , 10/4/2013, defendants may file a properly supported request for sanctions in the form of attorneys' fees and costs based on plaintiff's counsel's conduct with respect to the instant discovery dispute. Plaintiff's counsel is further ordered to SHOW CAUSE why the court should not sua sponte impose monetary sanctions based on plaintiff's counsel's conduct. Plaintiff's counsel shall file a response to the order to show cause no later than 5 p.m. on Tuesday, 10/8/2013. In the alternative, the parties may meet-and-confer and advise the court, no later than 5 p.m. on Friday, 10/4/2013, that they have reached a private agreement as to payment of attorneys' fees and costs with respect to the instant discovery dispute. Failure to comply with the terms of this order, as well as general principles of civility, communication, and cooperation as discussed at the conference, may result in increased sanctions against the offending party or parties. (Zignago, K.)
|
|
Filing
50
ORDER signed by Magistrate Judge Kendall J. Newman on 8/27/13 ORDERING that Defendants' MOTION for a Protective Order 43 is GRANTED on the terms outlined in this order. The court VACATES the deposition notices regarding Mr. Cohen and Mr. Fior e, but without prejudice to plaintiff re-noticing their depositions at an appropriate stage of discovery. In particular, plaintiff may reissue deposition notices directed at these individuals if additional depositions and/or other discovery reveal that Mr. Cohen or Mr. Fiore has unique, non-repetitive, first-hand knowledge of facts at issue in the case, and less intrusive means of discovery have been exhausted. A telephonic conference with respect to the parties' additional discovery dispute concerning scheduling of certain depositions is SET for Tuesday 10/1/2013 at 11:30 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Mena-Sanchez, L)
|
|
Filing
42
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/2/2013 GRANTING 33 Motion to Amend/Supplement the Notice of Removal; DENYING 11 Motion to Remand. (Michel, G)
|
|
Filing
41
ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/13 ORDERING that Plaintiff's MOTION to Strike 9 is DENIED. (Mena-Sanchez, L)
|
|
Filing
39
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION signed by Magistrate Judge Kendall J. Newman on 7/19/13 ORDERING, except that the court will not retain jurisdiction over the enforcement of the stipulated protective order after termina tion of the action. See E.D. Cal. L.R. 141.1(f). Additionally, nothing in this order limits the testimony of parties or non-parties, or the use of certain documents, at any court hearing or trial. Such determinations will only be made by the court at the hearing or trial, or upon an appropriate motion. (Becknal, R)
|
|
Filing
28
ORDER signed by Chief Judge Morrison C. England, Jr. on 6/5/2013 GRANTING defendants' 25 Request to Seal. The Declaration of Jon Meer in support of 24 Ex Parte Application to Amend/Supplement defendants' 1 Notice of Removal is GRANTED. (Marciel, M)
|
|
Filing
12
ORDER signed by Chief Judge Morrison C. England, Jr., on 3/18/13 ORDERING that Plaintiff Dennis Bicek's Motion to Remand, Memorandum of Points and Authorities, and the Declaration of Edwin Aiwazian shall be filed under seal. (Kastilahn, A)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
