Ramirez v. Western Refining Retail, LLC
Plaintiff: Joanna Ramirez
Defendant: Western Refining Retail, LLC
Case Number: 2:2020cv01671
Filed: August 20, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Kimberly J Mueller
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2021 Filing 34 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/13/2021: This action is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Stipulation of Dismissal, ECF No. #33 . Accordingly, the pending Motion to Dismiss, ECF No. #16 , is DENIED as MOOT, and this case is CLOSED with each party to bear its own attorney's fees and costs. (Text Only Entry)(Schultz, C)
July 16, 2021 Filing 33 STIPULATION of DISMISSAL by Joanna Ramirez. (Briscoe, John)
July 7, 2021 Filing 32 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/7/2021: The court construes the Status Report, ECF No. #31 , as a Request for an Extension of Time to File Dispositional Documents. So construed, the court GRANTS the Request. Accordingly, dispositional documents shall be filed no later than 7/16/2021. (Text Only Entry) (Schultz, C)
June 18, 2021 Filing 31 STATUS REPORT by Joanna Ramirez. (Briscoe, John)
April 1, 2021 Filing 30 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/1/2021: In light of the parties' representations in the Stipulation filed at ECF No. #29 , the court has determined this case has settled. Accordingly, dispositional documents shall be filed no later than 6/18/2021. Accordingly, all previously set deadlines/hearings are VACATED. The parties' request to continue included in the Stipulation is DENIED as MOOT. (Text Only Entry) (Schultz, C)
April 1, 2021 Filing 29 STIPULATION and PROPOSED ORDER to Continue Status Conference and Vacate Hearing on Motion to Dismiss Set for April 16, 2021 by Western Refining Retail, LLC. (Light, Matthew) Modified on 4/1/2021 (Tupolo, A).
February 23, 2021 Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/23/2021: In light of the additional time needed for the parties' to continue their settlement discussions, the Stipulated Request to Continue, ECF No. #27 , is GRANTED. Accordingly, the Status (Pretrial Scheduling) Conference and Motion Hearing as to Defendant's Motion to Dismiss, ECF No. #16 , set for 3/5/2021 is RESET for 4/16/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report no less than fourteen (14) days prior to the new date of the scheduling conference. Motion briefing deadlines are reset as provided by Local Rule 230. (Text Only Entry)(Schultz, C)
February 18, 2021 Filing 27 STIPULATION and PROPOSED ORDER for Continue Status Conference and Hearing on Motion to Dismiss Set for March 5, 2021 to April 16, 2021 to Allow Parties to Complete Settlement Discussion by Western Refining Retail, LLC. (Light, Matthew)
January 11, 2021 Filing 26 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 1/11/2021: In light of the time needed for the parties to explore a potential early resolution of Plaintiff's claims, the parties' Joint Stipulation to Continue, ECF No. #24 , is ADOPTED. Accordingly, the Scheduling Conference and hearing as to Defendant's Motion to Dismiss, ECF No. #16 , set for 2/5/2021 is RESET for 3/5/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller. Motion briefing deadlines are reset as provided by Local Rule 230. The parties' shall file a joint status report no less than fourteen (14) days prior to the new date of the Scheduling Conference. The March Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no later than 10:00 AM on 3/4/2021. (Text Only Entry) (Schultz, C)
January 8, 2021 Filing 25 OPPOSITION by Joanna Ramirez to #16 Motion to Dismiss. (Attachments: #1 Declaration)(Briscoe, John)
January 7, 2021 Filing 24 STIPULATION and PROPOSED ORDER to Continue Status Conference and #16 Motion to Dismiss Hearing by Joanna Ramirez. (Briscoe, John) Modified on 1/8/2021 (Huang, H).
January 4, 2021 Filing 23 CERTIFICATE of SERVICE by Western Refining Retail, LLC re #2 Civil New Case Documents for KJM. (Attachments: #1 Exhibit A)(Light, Matthew)
January 4, 2021 Filing 22 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Status Conference and hearing as to Defendant's Motion to Dismiss, ECF No. #16 , set for 1/22/2021 is RESET for 2/5/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller. The filing deadline for the parties Joint Status Report and the Motion briefing deadlines remain unchanged. The February Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no later than 10:00 AM on 2/4/2021. (Text Only Entry) (Schultz, C)
December 29, 2020 Filing 21 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/2020 GRANTING #19 Application for Pro Hac Vice. Attorney William C. Martucci, to appear for Western Refining Retail, LLC.(Reader, L)
December 29, 2020 Filing 20 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/2020 GRANTING #18 Application for Pro Hac Vice. Attorney Kristen A. Page, to appear for Western Refining Retail, LLC.(Reader, L)
December 28, 2020 Filing 19 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Western Refining Retail, LLC for attorney William C. Martucci to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9326060) (Attachments: #1 Certificates of Good Standing)(Light, Matthew)
December 21, 2020 Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Western Refining Retail, LLC for attorney Kristen A. Page to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9317132) (Attachments: #1 Certificates of Good Standing)(Light, Matthew)
December 8, 2020 Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 1/14/2021 is RESET for 1/22/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C)
December 7, 2020 Filing 16 MOTION to DISMISS filed by Defendant Western Refining Retail, LLC. Motion Hearing set for 1/22/2021 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Light, Matthew) (Docket Text Modified on 12/8/2020 by C. Schultz: Hearing date changed from "2020" to "2021".)
November 16, 2020 Filing 15 NOTICE of APPEARANCE by Matthew Waters Light on behalf of Western Refining Retail, LLC. Attorney Light, Matthew Waters added. (Light, Matthew)
November 16, 2020 Filing 14 SECOND AMENDED COMPLAINT against Western Refining Retail, LLC by Joanna Ramirez.(Reader, L)
November 16, 2020 Opinion or Order Filing 13 ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2020 ORDERING that Plaintiff may file the Second Amended Complaint. The clerk is hereby directed to file the Second Amended Complaint. The Second Amended Complaint is DEEMED served as of the date of this order, and Defendant shall file a responsive pleading within 21 days of this order.(Reader, L)
November 5, 2020 Filing 12 STIPULATION and PROPOSED ORDER for Permitting Filing of Second Amended Complaint by Joanna Ramirez. (Briscoe, John)
November 4, 2020 Opinion or Order Filing 11 ORDER signed by Chief District Judge Kimberly J. Mueller on 11/3/2020 EXTENDING WRR's deadline to respond to #9 First Amended Class Action Complaint to 11/12/2020. (Coll, A)
October 28, 2020 Filing 10 STIPULATION and PROPOSED ORDER to Extend Time to Respond to #9 Amended Complaint by Western Refining Retail, LLC. (Attachments: #1 Proposed Order)(Torres, Jesus) Modified on 10/29/2020 (Kaminski, H).
September 29, 2020 Filing 9 FIRST AMENDED COMPLAINT against Western Refining Retail, LLC by Joanna Ramirez. (Tupolo, A)
September 29, 2020 Opinion or Order Filing 8 STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/28/2020 GRANTING the filing of plaintiff's First Amended Complaint. The clerk is hereby DIRECTED to file the First Amended Complaint, and defendants responsive pleading will be due within 30 days of the filing of the First Amended Complaint. (Tupolo, A)
September 24, 2020 Filing 7 STIPULATION and PROPOSED ORDER for Leave to File First Amended Complaint by Joanna Ramirez. (Briscoe, John)
August 25, 2020 Filing 6 STIPULATION to CONTINUE the Response Deadline by 28 Days by Western Refining Retail, LLC. (Torres, Jesus) Modified on 8/26/2020 (Coll, A).
August 21, 2020 Filing 5 CERTIFICATE of SERVICE by Western Refining Retail, LLC re #1 Notice of Removal,. (Attachments: #1 Exhibit 1)(Torres, Jesus)
August 21, 2020 Filing 4 NOTICE of APPEARANCE by Rachael Allgaier on behalf of Joanna Ramirez. Attorney Allgaier, Rachael added. (Allgaier, Rachael)
August 21, 2020 Filing 3 NOTICE of APPEARANCE by Robert Joshua Wasserman on behalf of Joanna Ramirez. Attorney Wasserman, Robert Joshua added. (Wasserman, Robert)
August 20, 2020 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/14/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.)
August 20, 2020 Filing 1 NOTICE of REMOVAL from San Joaquin County Superior Court, case number STK-CV-UOE-2020-0005994 by Western Refining Retail, LLC. (Attachments: #1 Exhibit A, #2 Declaration of Abbie Woodward, #3 Civil Cover Sheet, #4 Notice of Interested Parties and Corporate Disclosure Statement)(Torres, Jesus)

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Defendant: Western Refining Retail, LLC
Represented By: Jesus Joseph Torres
Represented By: Kristen A. Page, PHV
Represented By: Matthew Waters Light
Represented By: William C. Martucci, PHV
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Plaintiff: Joanna Ramirez
Represented By: John Paul Briscoe
Represented By: Rachael Allgaier
Represented By: Robert Joshua Wasserman
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