Pyara v. Sysco Corporation et al
| Chris Pyara |
| Sysco Sacramento, Inc. and Sysco Corporation |
| 2:2015cv01208 |
| June 4, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John A Mendez |
| Kendall J Newman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 68 CASE CLOSED (text only entry): This case has been closed pursuant to #67 Stipulation of Voluntary Dismissal. (Huang, H) |
| Filing 67 STIPULATION OF VOLUNTARY DISMISSAL with prejudice by Chris Pyara. (Attachments: #1 Proof of Service)(Crawford, Matthew) Modified on 3/19/2019 (Huang, H). |
| Filing 66 DESIGNATION of COUNSEL FOR SERVICE., attorney Jessica Renee Corrales and Ray Padilla terminated (Attachments: #1 Proof of Service)(Crawford, Matthew) |
Filing 65
STATUS (PRE-TRIAL SCHEDULING) ORDER signed by District Judge John A. Mendez on 11/13/2018 ORDERING all discovery shall be completed by 5/24/2019. All dispositive motions shall be filed by 7/2/2019. Hearing on such motions shall be on 7/30/2019 at 1:30 PM. Designation of Expert Witnesses due by 3/22/2019. Final Pretrial Conference set for 9/6/2019 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 10/21/2019 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)
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| Filing 64 JOINT STATUS REPORT by Sysco Corporation, Sysco Sacramento, Inc. Attorney Poper, Nicholas D. added. (Poper, Nicholas) |
| Filing 63 MINUTE ORDER: On or before November 9, 2018, the parties shall file a Joint Status Report. (See #2 on the docket sheet). (Vine, H) |
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Filing 62
ORDER of USCA; The court, in its discretion, denies the petition for permission to appeal the district courts 3/29/2017 order denying class action certification filed on 4/12/2017. (Hunt, G)
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| Filing 61 USCA CASE NUMBER 17-80059 re: Petition for Permission to Appeal pursuant to Rule 23(f). (Donati, J) |
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Filing 60
ORDER signed by District Judge John A. Mendez on 3/29/2017 DENYING #42 , #44 Motions to Certify Class. (Zignago, K.)
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| Filing 59 PROPOSED ORDER Denying Plaintiff's Motion for Class Certification re #57 Order by Sysco Corporation, Sysco Sacramento, Inc.. (Kwun, Julie) Modified on 3/29/2017 (Zignago, K.). |
| Filing 58 TRANSCRIPT of Proceedings, Motion for Class Certification, held on March 7, 2017, before District Judge John A. Mendez, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/6/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/15/2017. (Shepard, D) |
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Filing 57
ORDER signed by District Judge John A. Mendez on 03/14/17 ORDERING that, pursuant to #56 Stipulation, the deadline to submit a (Proposed) Order Denying Plaintiff Chris Pyara's Motion for Class Certification is CONTINUED to 03/28/17. (Benson, A)
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| Filing 56 STIPULATION and PROPOSED ORDER to Extend the Deadline to Submit a (Proposed) Order Re The Court's 50 Order Denying Plaintiff Chris Pyara's Motion for Class Certification by Sysco Corporation, Sysco Sacramento, Inc. (Attachments: #1 Proposed Order)(Shadi, Sabrina) Modified on 3/14/2017 (Becknal, R). |
| Filing 55 SUPPLEMENT TO COURT'S RULING 50 DENYING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION signed by District Judge John A. Mendez on 3/8/17. (Becknal, R) |
| Filing 54 AMENDED TRANSCRIPT REQUEST re #51 by Sysco Corporation, Sysco Sacramento, Inc. for proceedings held on March 7, 2017 before Judge John A. Mendez. Court Reporter Diane Shepard. (Shadi, Sabrina) |
| Filing 53 TRANSCRIPT REQUEST by Chris Pyara for proceedings held on March 7, 2017 before Judge Hon. John Mendez. Court Reporter Diane Shepard. (Vecchi, Jill) |
| Filing 52 BRIEF in Response to the Court's Jurisdictional Query by Chris Pyara. (Attachments: #1 Proof of Service)(Mara, David) |
| Filing 51 TRANSCRIPT REQUEST by Sysco Corporation, Sysco Sacramento, Inc. for proceedings held on March 7, 2017 before Judge John A. Mendez. Court Reporter Diane Shepard. (Shadi, Sabrina) |
| Filing 50 MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 3/7/2017 ; Motions terminated: #44 Motion to Certify Class filed by Chris Pyara, #42 MOTION to CERTIFY CLASS filed by Chris Pyara ; denying #42 Motion to Certify Class; denying #44 Motion to Certify Class. Counsel directed to meet and confer to attempt to resolve whether the Court has continued jurisdition. If unable to agree, the parties shall file simultaneous briefs within 10 days. Counsel for defendant was invited to prepare a proposed order for the Court's consideration. Plaintiffs Counsel D. Mara; J. Vecchi present. Defendants Counsel S. Shadi; J. Kwun present. Court Reporter: D. Sheppard. (Vine, H) |
| Filing 49 ACKNOWLEDGEMENT OF RECEIPT of #48 lodged Deposition Transcripts of Chris Pyara and Carlos Perez. (Becknal, R) |
| Filing 48 NOTICE OF LODGING DOCUMENT IN PAPER: Deposition Transcripts of Chris Pyara, Carlos Perez by Sysco Corporation, Sysco Sacramento, Inc. (Kwun, Julie) |
| Filing 47 REPLY in support of #44 Motion to Certify Class by Chris Pyara. (Attachments: #1 Response to Evidentiary Objections, #2 Proof of Service) (Vecchi, Jill) |
| Filing 46 OPPOSITION by Sysco Corporation, Sysco Sacramento, Inc. to #44 Motion to Certify Class. (Attachments: #1 Evidentiary Objections, #2 Declaration of Carlos Perez, #3 Declaration of Sabrina L. Shadi, #4 Compendium of Exhibits)(Shadi, Sabrina) |
| Filing 45 NOTICE to RESCHEDULE HEARING re #44 Motion to Certify Class by Chris Pyara. Motion Hearing set for 3/7/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proof of Service)(Mara, David) Modified on 1/27/2017 (Washington, S). |
| Filing 44 MOTION to CERTIFY CLASS by Chris Pyara. Motion Hearing set for 3/7/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Notice of Motion, #2 Declaration of William Turley, #3 Declaration of Chris Pyara, #4 Declaration of Kevin Taylor, #5 Proposed Order, #6 Proof of Service)(Mara, David) |
| Filing 43 MINUTE ORDER: Plaintiffs motion for class certification #42 has been defectively noticed (see Local Rule 230) and as a consequence has not been set for hearing on February 7, 2017. Plaintiffs counsel shall contact the Courtroom Deputy Clerk, Harry Vine, to obtain the next available hearing date to re-notice the motion. Mr. Vine can be reached at 916-930-4091 or via email at: hvine@caed.uscourts.gov(TEXT ENTRY ONLY)(Vine, H) |
| Filing 42 MOTION to CERTIFY CLASS by Chris Pyara. Motion Hearing set for 2/7/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Points and Authorities, #2 Declaration Bill Turley, #3 Declaration Chris Pyara, #4 Declaration Kevin Taylor, #5 Proposed Order, #6 Proof of Service)(Mara, David) |
| Filing 41 NOTICE of Change of Firm Name by Chris Pyara. (Attachments: #1 Proof of Service)(Mara, David) |
| Filing 40 NOTICE of APPEARANCE by Jessica Renee Corrales on behalf of Chris Pyara. Attorney Corrales, Jessica Renee added. (Corrales, Jessica) |
| Filing 39 NOTICE OF APPEARANCE: Attorney David Thomas Mara ADDED for Chris Pyara. (Attachments: #1 Proof of Service) (Mara, David) |
| Filing 38 MINUTE ORDER: Plaintiff filed an ex parte application requesting an increase in the page limit for Plaintiffs motion for class certification. ECF No. 36. The Court DENIES Plaintiffs request. The briefs in support of and opposition to the motion for class certification must comply with the Courts Order re Filing Requirements at ECF No. 2-2. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 37 RESPONSE to #36 Ex Parte Application by Sysco Corporation, Sysco Sacramento, Inc. (Kwun, Julie) |
| Filing 36 EX PARTE APPLICATION TO MODIFY the #2 Order re Filing Requirements by Chris Pyara. (Attachments: #1 Proposed Order, #2 Proof of Service) (Vecchi, Jill) |
| Filing 35 ANSWER to #34 First Amended Complaint by Sysco Corporation, Sysco Sacramento, Inc. (Kwun, Julie) |
| Filing 34 FIRST AMENDED COMPLAINT against Sysco Corporation, Sysco Sacramento, Inc. by Chris Pyara.(Vecchi, Jill) |
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Filing 33
ORDER signed by District Judge John A. Mendez on 11/23/2016 GRANTING #20 Motion for Leave to File an Amended Class Action Complaint; DECLINING to deem the Proposed First Amended Complaint submitted; GRANTING the plaintiff 20 days to file an First Amended Complaint consistent with the #18 Order; ORDERING the defendants to file a responsive pleading 20 days thereafter. (Michel, G.)
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Filing 32
ORDER signed by District Judge John A. Mendez on 11/10/16 GRANTING #29 Ex Parte Application to Extend Class Certification Hearing Date and all Related Deadlines; ORDERING Class Certification hearing CONTINUED to 2/7/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. All related filing deadlines are continued accordingly. (Washington, S) Modified on 11/14/2016 (Washington, S).
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| Filing 31 OPPOSITION by Sysco Corporation, Sysco Sacramento, Inc. to #29 Ex parte Application to Extend Class Certification Hearing Date and all Related Deadlines. (Attachments: #1 Declaration of Julie Kwun)(Kwun, Julie) |
| Filing 30 MINUTE ORDER: Defendant's response (not to exceed 10 pages)to plaintiff's EX PARTE APPLICATION to Extend Class Certification Hearing Date and all Related Deadlines #29 shall be e-filed on or before 5:00 p.m. on Wednesday, November 9, 2016. Unless otherwise ordered, no reply brief will be permitted. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 29 EX PARTE APPLICATION to Extend Class Certification Hearing Date and all Related Deadlines by Chris Pyara. (Attachments: #1 Notice, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Vecchi, Jill) Modified on 11/7/2016 (Jackson, T). |
| Filing 28 REPLY in support of #20 Motion for Leave to File Amended Class Action Complaint by Chris Pyara. (Attachments: #1 Proof of Service) (Vecchi, Jill) Modified on 10/12/2016 (Michel, G.). |
| Filing 27 NOTICE of APPEARANCE by Jamie Kathryn Serb on behalf of Chris Pyara. Attorney Serb, Jamie Kathryn added. (Attachments: #1 Proof of Service)(Serb, Jamie) |
| Filing 26 MINUTE ORDER: The hearing on the motion(s) now calendared for October 18, 2016 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). Reply briefs shall be filed on or before October 11, 2016.If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 25 REQUEST for JUDICIAL NOTICE by Sysco Corporation, Sysco Sacramento, Inc. in re #24 Opposition to Motion, #20 Motion for Miscellaneous Relief,. (Attachments: #1 Exhibit A - John Martin Complaint, #2 Exhibit B - Toiyagaduh Stone Complaint)(Kwun, Julie) |
| Filing 24 OPPOSITION by Sysco Corporation, Sysco Sacramento, Inc. to #20 MOTION for Leave to File Amended Class Action Complaint. (Kwun, Julie) |
| Filing 23 MINUTE ORDER: Plaintiff filed a motion for leave to file an amended class action complaint. ECF No. 20. On the same day, Plaintiff filed an ex parte application to extend the class certification hearing date. ECF No. 19. Defendant opposed the ex parte application. ECF No. 22. The Court GRANTS Plaintiffs ex parte application and resets the hearing date for Plaintiffs motion for class certification to December 13, 2016 at 1:30 p.m. in Courtroom 6. Additionally, the November 1, 2016 hearing on Plaintiffs motion for leave to file an amended complaint is hereby vacated and reset for October 18, 2016. Defendant shall file its opposition to Plaintiffs motion for leave to amend by October 4, 2016. Plaintiff shall file any reply by October 11, 2016. The parties shall comply with the deadlines imposed by Local Rule 230 in filing their briefs in support of and opposition to the motion for class certification. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 22 OPPOSITION by Sysco Corporation, Sysco Sacramento, Inc. to #19 MOTION Ex Parte Application to Extend Class Certification Hearing Date and Related Deadlines. (Kwun, Julie) |
| Filing 21 MINUTE ORDER: Plaintiff filed an ex parte application to extend the class certification hearing for 120 days. ECF No. 19. Plaintiff requests the Court to decide Plaintiffs motion for leave to file an amended class action complaint, ECF No. 20, before holding a hearing on Plaintiffs class certification motion. The Court is scheduled to hear Plaintiffs motion for leave to file an amended complaint on November 1, 2016. Defendant shall file either a statement of non-opposition or an opposition to Plaintiffs request to postpone the class certification hearing by noon on Monday, September 19, 2016. No reply brief will be permitted. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 20 MOTION for Leave to File Amended Class Action Complaint by Chris Pyara. Motion Hearing set for 11/1/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Vecchi, Jill) |
| Filing 19 EX PARTE APPLICATION to Extend Class Certification Hearing Date and Related Deadlines by Chris Pyara. Attorney Vecchi, Jill Marie added. (Attachments: #1 Notice, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Vecchi, Jill) Modified on 9/14/2016 (Jackson, T). |
| RECEIPT number #CAE200075622 $250.00 fbo Sysco Corporation by Baker, Hostetler LLP on 7/22/2016. (Kaminski, H) |
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Filing 18
ORDER signed by District Judge John A. Mendez on 7/19/16 GRANTING WITH PREJUDICE #9 Motion for Judgment on Pyaras second, third, and fifth causes of action and DENYING #9 Motion for Judgment on Pyara's first, fourth, and sixth through tenth. Counsel for Defendants is ordered to pay $250.00 in sanctions to the Clerk of the Court within five days of the date of this Order. (Washington, S)
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| Filing 17 MINUTE ORDER: The hearing on the motion(s) now calendared for June 14, 2016 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 16 REQUEST for JUDICIAL NOTICE by Sysco Corporation, Sysco Sacramento, Inc. in re #15 Reply. (Kwun, Julie) Modified on 6/8/2016 (Washington, S). |
| Filing 15 REPLY by Sysco Corporation, Sysco Sacramento, Inc. re #9 Motion for Judgment on the Pleadings. (Kwun, Julie) |
| Filing 14 MEMORANDUM by Chris Pyara in OPPOSITION TO re #9 Motion for Judgment on the Pleadings filed by Sysco Corporation, Sysco Sacramento, Inc. (Attachments: #1 Request for Judicial Notice, #2 Declaration of William Turley in Support of Plaintiff's Request for Judicial Notice, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proof of Service)(Turley, William) Modified on 6/3/2016 (Kastilahn, A). |
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Filing 13
ORDER signed by District Judge John A. Mendez on 4/15/2016 ORDERING #9 that the hearing date on Plaintiff's class certification motion is CONTINUED to 10/18/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)
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| Filing 12 STIPULATION and PROPOSED ORDER for to Continue Class Certification Hearing Date and All Related Deadlines by Chris Pyara. (Attachments: #1 Proposed Order, #2 Proof of Service)(Turley, William) |
| Filing 11 MINUTE ORDER: re #9 Motion for Judgment - The parties are advised that the Court requires that a courtesy hard copy of each pleading in motion practice is to be delivered at the earliest convenience to the Clerks office at 501 I Street, Ste. 400, Sacramento, CA 95814, to the Attention of Judge Mendez. If the filed motion(s) is/are for summary judgment, and deposition testimony is referenced in the pleadings, a hard copy of the entire deposition(s) is/are to be lodged with the Court.(TEXT ENTRY ONLY) (Vine, H) |
| Filing 10 REQUEST for JUDICIAL NOTICE by Sysco Corporation, Sysco Sacramento, Inc. in re #9 Motion for Judgment,. (Kwun, Julie) |
| Filing 9 MOTION for JUDGMENT on the Pleadings by Sysco Corporation, Sysco Sacramento, Inc. Attorney Kwun, Julie added. Motion Hearing set for 6/14/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order)(Kwun, Julie) |
| Filing 8 MINUTE ORDER: Pursuant to the joint status report #7 , the plaintiffs motion for class certification shall be filed on or before May 17, 2016 and noticed for hearing on Tuesday, June 14, 2016 at 1:30 p.m. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 7 JOINT SCHEDULING REPORT by Sysco Corporation, Sysco Sacramento, Inc. (Shadi, Sabrina) |
| Filing 6 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Chris Pyara. Attorney Padilla, Ray added. (Padilla, Ray) |
| Filing 5 CERTIFICATE of SERVICE by Sysco Corporation, Sysco Sacramento, Inc. re #4 Decline of Jurisdiction of US Magistrate Judge. (Madoyan, Vartan) |
| Filing 4 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Sysco Corporation, Sysco Sacramento, Inc.. (Madoyan, Vartan) |
| Filing 3 CERTIFICATE of SERVICE by Sysco Corporation, Sysco Sacramento, Inc. re #2 Civil New Case Documents for JAM. (Shadi, Sabrina) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Mena-Sanchez, L) |
| Filing 1 NOTICE of REMOVAL from Sacramento Superior Court, case number 34-2015-177766 by Chris Pyara. (Filing fee $ 400, receipt number 0972-5925715) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Declaration of Adam S. Skorecki, #5 Declaration of Gloria Tzintzun, #6 Exhibit A to Tzintzun Declaration, #7 Request for Judicial Notice, #8 Exhibit A to Request for Judicial Notice, #9 Corporate Disclosure Statement)(Madoyan, Vartan) |
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