Titus v. McLane Foodservice, Inc.
| Titus and Justin Titus |
| McLane Foodservice, Inc. |
| 2:2016cv00635 |
| March 25, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F Brennan |
| Kimberly J Mueller |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2017. A more recent docket listing may be available from PACER.
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| Filing 30 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Pursuant to the parties' stipulation to dismiss (ECF No. #29 ) and Federal Rule of Civil Procedure 41(a)(1), this action is DISMISSED with prejudice in its entirety with each party to bear its own costs and attorney fees; Case CLOSED. (Text Only Entry) (Schultz, C) |
| Filing 29 STIPULATION to DISMISS with prejudice by McLane Foodservice, Inc.. (Wimmer, David) Modified on 1/27/2017 (Zignago, K.). |
| Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Pursuant to the parties' representations, the court has determined this case has settled. (See ECF No. #27 ) Dispositional documents shall be filed no later than 2/7/2017. Accordingly, all previously set deadlines/hearings are VACATED. (Text Only Entry) (Schultz, C) |
| Filing 27 NOTICE of SETTLEMENT - JOINT by McLane Foodservice, Inc.. (Wimmer, David) |
| Filing 26 ANSWER by McLane Foodservice, Inc.. Attorney Kim, Sylvia Jihae added.(Kim, Sylvia) |
Filing 25
ORDER granting defendant's #9 Motion to Dismiss signed by District Judge Kimberly J. Mueller on 9/13/16. The court DISMISSES plaintiff's fifth claim without leave to amend. This leaves the complaint's first through fourth claims, on which the case proceeds. The court DISMISSES the "Doe" defendants. (Kastilahn, A)
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| Filing 24 STATEMENT of List of State Laws as Requested by Court [Dkt. #19] in Further Support of Motion to Dismiss or Strike Plaintiff's Complaint [Dkt. #9] by Defendant McLane Foodservice, Inc. re #9 Motion to Dismiss. (Kane, Matthew) |
| Filing 23 MEMORANDUM by McLane Foodservice, Inc. in SUPPORT of #9 Motion to Dismiss. (Kane, Matthew) |
| Filing 22 STATEMENT of Plaintiff's Identification of State Laws that Allow Individuals to Enforce the Healthy Workplaces, Healthy Families Act on Behalf of the Public by Plaintiff Justin Titus re #9 Motion to Dismiss. (Wasserman, Robert) |
| Filing 21 OPPOSITION by Justin Titus to #9 Motion to Dismiss. (Wasserman, Robert) |
| Filing 20 NOTICE of Withdrawal of Counsel by McLane Foodservice, Inc.. (Kane, Matthew) |
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Filing 19
ORDER signed by District Judge Kimberly J. Mueller on 8/8/16 ORDERING that within 14 days of the issuance of this order, defendant may file a supplemental brief responding to Section II.C of plaintiff's May 25, 2016 brief as to plaintiff's standing to pursue injunctive relief under California Labor Code sections 226 and 248.5. Defendant's #17 objection and motion to strike Section II.C of plaintiff's May 25, 2016 brief is OVERRULED. Within the same 14 day period, plaintiff may file a supplemental brief responding to defendant's new argument in its May 25, 2016 brief that plaintiff's claim for civil penalties for the alleged violation of section 246(h) is barred by section 2699(g)(2). Within 14 days of the issuance of this order, the parties are ORDERED to identify any state laws other than the Private Attorneys General Act of 2004, Cal.Lab. Code 2698 et seq., that allow a private person to enforce the Healthy Workplaces, Healthy Families Act of 2014 (the Act), Cal. Lab. Code 24549, on behalf of the public. The parties shall submit a list of authorities, if any, without accompanying argument. Plaintiff is ORDERED to show cause within 14 days of the issuance of this order why the court should not dismiss the "Doe" defendants. (Kastilahn, A)
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Filing 18
STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 6/7/16. All discovery shall be completed by February 6, 2017. All counsel are to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than February 21, 2017. All expert discovery shall be completed by April 14, 2017. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than May 19, 2017. The Final Pretrial Conference is set for September 8, 2017, at 10:00 a.m. The parties shall confer and file a joint pretrial conference statement by August 18, 2017. The jury trial is set for October 10, 2017 at 9:00 a.m. The parties estimate a trial length of approximately 5 days. Trial briefs are due by September 26, 2017.(Dillon, M)
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| Filing 17 OBJECTION and MOTION to STRIKE #15 Section II.C. Of Plaintiff's Supplemental Brief by McLane Foodservice, Inc. (Kane, Matthew) Modified on 5/27/2016 (Benson, A). |
| Filing 16 SUPPLEMENT by McLane Foodservice, Inc. in support of #9 Motion to Dismiss. (Kane, Matthew) |
| Filing 15 SUPPLEMENT by Justin Titus re #11 Opposition to Motion. (Wasserman, Robert) |
| Filing 14 MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held before District Judge Kimberly J. Mueller on 5/18/2016. Plaintiff's Counsel, Jenny Baysinger, present. Defendant's Counsel, Matthew Kane, present. After hearing oral argument as to Defendant's Motion to Dismiss (ECF No. #9 ), the court granted the parties seven days to file supplemental briefing (1) addressing whether plaintiff's PAGA claim is barred by Cal. Lab. Code sections 2699.3 and 2699.5, and (2) responding to plaintiff's citation of Willis v. California, 22 Cal. App. 4th 287 (1994), for the first time at hearing; whereupon, the matter will be submitted. Supplemental briefing, if any, shall not exceed five pages. The court and counsel discussed case scheduling. A formal written order will issue that addresses the pending motion and further schedule in this case. Court Reporter: Michelle Babbitt. (Text Only Entry) (Schultz, C) (Docket Text Modified on 5/19/2016 by C. Schultz to clarify the subject of any supplemental briefing.) |
| Filing 13 JOINT STATUS REPORT by McLane Foodservice, Inc.. Attorney Camastra, Emily G. added. (Camastra, Emily) |
| Filing 12 REPLY by McLane Foodservice, Inc. to RESPONSE to #9 Motion to Dismiss. (Kane, Matthew) |
| Filing 11 OPPOSITION by Justin Titus to #9 Motion to Dismiss. (Baysinger, Jenny) |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 8/4/2016 is VACATED and ADVANCED to 5/18/2016 at 1:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 9 MOTION TO DISMISS by McLane Foodservice, Inc. Motion Hearing SET for 5/18/2016 at 01:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. (Attachments: #1 Proposed Order) (Kane, Matthew) |
| Filing 8 NOTICE of Order Setting Status (Pretrial Scheduling Conference) by McLane Foodservice, Inc. re #5 Civil New Case Documents for KJM. (Kane, Matthew) |
| Filing 7 NOTICE of APPEARANCE by Robert Joshua Wasserman on behalf of Justin Titus. (Wasserman, Robert) |
| Filing 6 STIPULATION to Extend Time to Respond to Initial Complaint By Not More Than 28 Days Pursuant to L.R. 144(a) by McLane Foodservice, Inc.. (Kane, Matthew) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/4/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 KJM standing order, #2 Consent Form, #3 VDRP) (Becknal, R) |
| Filing 4 APPENDIX by McLane Foodservice, Inc. re #1 Notice of Removal, filed by McLane Foodservice, Inc.. (Kane, Matthew) |
| Filing 3 DECLARATION of Terry Cameron re #1 Notice of Removal. (Kane, Matthew) |
| Filing 2 NOTICE of No Related Cases by McLane Foodservice, Inc. (Kane, Matthew) |
| Filing 1 NOTICE of REMOVAL from San Joaquin Superior Court, case number STK-CV-UOE-2016-0000026 by Justin Titus. (Filing fee $ 400, receipt number 0972-6387845) (Attachments: #1 Certificate of Interested Parties, #2 Civil Cover Sheet)(Kane, Matthew) |
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