Henry v. Central Freight Lines, Inc.
| Rickey Henry |
| Central Freight Lines, Inc. |
| 2:2016cv00280 |
| February 11, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| John A. Mendez |
| Labor: Other |
| 28 U.S.C. ยง 1446 Petition for Removal |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
162
ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/15/23 DENYING without prejudice 156 Motion for Default Judgment. (Licea Chavez, V)
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Filing
143
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/08/2022 VACATING the status Pretrial Scheduling Conference. Plaintiff is DIRECTED to file a Status Report within 14 days, proposing a schedule for adjudicating this putative class action. (Rodriguez, E)
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Filing
124
ORDER signed by District Judge John A. Mendez on 12/9/2021 ORDERING that Defendant's Amended Opposition (attached to the Joint Stipulation as Exhibit A) shall be filed and shall replace Defendant's prior Opposition to Plaintiff's M otion to Class Certification 119 ; Defendant's Summary of Evidence 119 -1) shall be deemed withdrawn in its entirety; Plaintiff's deadline to file Plaintiff's Reply to Defendant's Amended Opposition shall remain on 12/10/2021; and The hearing on Plaintiff's Motion for Class Certification shall be remain on 1/25/2022 at 1:30 pm. (Mena-Sanchez, L)
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Filing
122
ORDER signed by District Judge John A. Mendez on 11/19/2021 ORDERING Defendant shall provide the notices of errata for all declarants no later than noon on 12/9/2021. Plaintiff's reply to the Opposition shall be CONTINUED to 12/10/2021, and the hearing on Plaintiff's 112 Motion for Class Certification will be held on 1/25/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)
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Filing
118
ORDER signed by District Judge John A. Mendez on 11/3/21 GRANTING Request to Exceed Page Limitations. Defendant shall have 20 pages to oppose Plaintiff's Motion. Plaintiff shall have 10 pages for its reply in support of the Motion. Defendant shall produce its Declarants cited to in support of its Opposition for deposition that agree to be represented by Defendant's counsel no later than November 19, 2021. Plaintiff's Reply to the Opposition shall be continued from November 17, 2021 to December 3, 2021. HEARING as to 112 Motion to Certify Class RESET for 12/14/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)
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Filing
114
ORDER signed by District Judge John A. Mendez on 10/1/2021 CONTINUING 112 Motion to Class Certification to 12/7/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. Defendant to file its Opposition due by 11/3/2021, Replies due by 11/17/2021.(Reader, L)
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Filing
111
ORDER signed by District Judge John A. Mendez on 7/27/2021 DENYING 96 Motion for Reconsideration and ORDERING sanctions. Plaintiffs counsel must send a check payable to the Clerk for the Eastern District of California for $250.00 no later than 7 days from the date of this order. (cc: Financial)(Huang, H)
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Filing
105
ORDER signed by District Judge John A. Mendez on 11/12/19 GRANTING 91 Motion to Stay the Action until the California Supreme Court answers the Ninth Circuit's certified question. (Kastilahn, A)
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Filing
98
ORDER signed by District Judge John A. Mendez on 10/21/19 WITHDRAWING 88 Motion to Certify Class without prejudice to refiling the motion following the court's rulings on 91 Motion to Stay and 96 Motion for Reconsideration. (Coll, A)
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Filing
87
ORDER signed by District Judge John A. Mendez on 6/13/19 GRANTING IN PART AND DENYING IN PART Defendants' Motion for Summary Judgment 72 and DENYING Plaintiff's Cross-Motion for Summary Judgment 73 CFL's motion is Granted as to Henry's claims alleging violations of California's meal and rest break rules under California Labor Code sections 226.7 and 512, which are hereby dismissed; Denied as to Henry's claims alleging violations of California wage orders , for which Henry's employment classification will be determined under the Dynamex ABC test, which applies retroactively and is not preempted by the FAAAA; Denied as to Henry's claims for reimbursement of lease payments; and Denied as t o Henry's remaining claims under the California Labor Code, for which Henry's employment classification will be determined under by the Borello standard, and which are not barred by the dormant Commerce Clause or preempted by federal TIL regulations. Henry's cross-motion is: Denied, without prejudice, except as to his PAGA claim, under the one-way intervention rule; and Denied as to his PAGA claim. (Becknal, R)
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Filing
70
STIPULATION AND ORDER signed by District Judge John A. Mendez on 9/27/2018 ORDERING the defendant to file its motion for summary judgment by 10/29/2018; ORDERING the plaintiff to file his opposition and any related cross-motion by 12/3/2018; ORDERING the defendant to file its opposition to the plaintiff's anticipated cross-motion and its reply brief in support of its motion by 1/7/2019; ORDERING the plaintiff to file his reply brief in support of its anticipated cross-motion by 1/24/2019. The hearing on said motions will be set by the Court after all briefs have been filed. (Michel, G.)
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Filing
68
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/30/18 GRANTING 55 Motion to Compel. (Benson, A.)
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Filing
54
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2018. (Fabillaran, J)
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Filing
53
STIPULATION AND ORDER signed by District Judge John A. Mendez on 5/1/2018 ORDERING the parties have met and conferred and have agreed upon a version of a Belaire-West notice to be mailed to the putative class members; the agreed-upon draft, Belaire-W est notice has been provided to the third-party administrator, ILYM Group, Inc. for formatting and preparation for mailing; Defendant shall provide to ILYM the last know contact information of all putative class members within 7 business days of the Court's entry of the order regarding this Stipulation. (Reader, L)
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Filing
45
ORDER signed by District Judge John A. Mendez on 10/6/17 DENYING 22 Motion to Transfer Venue. (Kaminski, H) Modified on 10/10/2017 (Donati, J).
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Filing
34
ORDER signed by District Judge John A. Mendez on 10/5/2016 GRANTING 25 Motion to Remand. This case is REMANDED to Sacramento Superior Court. Because the Court no longer has jurisdiction over this case, it cannot decide Defendant's 22 motion to change venue. Copy of remand order sent to Superior Court. CASE CLOSED. (Zignago, K.)
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Filing
16
STIPULATION and ORDER signed by District Judge John A. Mendez on 4/21/16 ORDERING the Court hereby approves the Stipulation and Request to Stay All Proceedings Until Mediation and to Continue the Deadline to File the Joint 26 (f) Report and orders: All proceedings are stayed in this action until at least June 15, 2016, pending the outcome of mediation; and The Parties' new deadline to file the Joint 26(f) Report is July 8, 2016. (Becknal, R)
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Filing
11
STIPULATION and ORDER signed by District Judge John A. Mendez on 2/25/2016 ORDERING that the Clerk's Office is directed to remove the unredacted document (Dkt. No. 1-9). Defendant is directed to refile a redacted version of the document. (Zignago, K.)
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