Phoung v. WinCo Holdings, Inc.
| Somret Phoung |
| WinCo Holdings, Inc. |
| 2:2021cv02033 |
| November 3, 2021 |
| US District Court for the Eastern District of California |
| Morrison C England |
| Jeremy D Peterson |
| William B Shubb |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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Filing 29
ORDER signed by Senior Judge Morrison C. England, Jr. on 10/28/22 GRANTING #26 Motion to Stay and STAYING this matter. Not later than 30 days following the date judgment is entered in Putman v. WinCo Holdings, Inc., Case No. 2:21-cv-01760-MCE-JDP, the parties shall file a written Joint Status Report advising the Court as to the next course of action in this case. (Benson, A.)
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| Filing 28 NOTICE of NON-OPPOSITION to #26 Motion to Stay Action by WinCo Holdings, Inc. (Kwan, Sophia) Modified on 10/26/2022 (Reader, L). |
| Filing 27 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 11/10/2022 hearing on the Motion to Stay #26 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the hearing date (see Local Rule 230(c)-(d)). If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 26 MOTION to STAY by WinCo Holdings, Inc.. Motion Hearing set for 11/10/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Memorandum of Points and Authorities)(Kwan, Sophia) |
| Filing 25 ANSWER by WinCo Holdings, Inc..(Kwan, Sophia) |
| Filing 24 SECOND AMENDED COMPLAINT against All Defendants by Somret Phoung.(Koulloukian, Nazo) |
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Filing 23
MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 8/23/2022 DENYING #14 Motion to Remand and GRANTING #13 Motion to Dismiss. Plaintiff's Second Cause of Action is DISMISSED without leave to amend. All remaining causes of action are DISMISSED with leave to amend. Having dismissed all causes of action contained in Plaintiff's FAC as insufficient to state any viable claim at this time, Defendant's concurrent request to strike the class allegations attaching to those causes of action, as well as its alternative motion to stay proceedings, are DENIED as moot. Plaintiff may, but is not required to, file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is electronically filed. Failure to timely do so will result in this action being dismissed, in its entirety, without further notice to the parties. (Mena-Sanchez, L)
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| Filing 22 REPLY by Somret Phoung to RESPONSE to #14 Motion to Remand. (Koulloukian, Nazo) |
| Filing 21 REPLY by WinCo Holdings, Inc. to RESPONSE to #13 Motion to Dismiss,. (Kwan, Sophia) |
| Filing 20 OPPOSITION by Somret Phoung to #13 Motion to Dismiss. (Koulloukian, Nazo) |
| Filing 19 OPPOSITION by WinCo Holdings, Inc. to #14 Motion to Remand. (Attachments: #1 Declaration Of Brian "Duke" Rudel, #2 Defendant's Request for Judicial Notice)(Kwan, Sophia) |
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Filing 18
ORDER signed by Senior Judge Morrison C. England, Jr on 01/06/2022 EXTENDING the current deadline for the Parties to conduct their Rule 26(f) Conference to 45 days after the last answer may be filed with the Court. (Rodriguez, E)
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| Filing 17 STIPULATION to Extend Time To Conduct the Rule 26(f) Conference by WinCo Holdings, Inc.. (Attachments: #1 Proposed Order)(Ebsworth, Phillip) Modified on 1/4/2022 (Mena-Sanchez, L). |
| Filing 16 JOINT STATEMENT of Class Action filed by Defendant WinCo Holdings, Inc.. (Ebsworth, Phillip) |
| Filing 15 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/27/2022 hearing on the Motion to Dismiss #13 and Motion to Remand #14 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 14 MOTION to REMAND by Somret Phoung. Motion Hearing set for 1/27/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Proposed Order )(Koulloukian, Nazo) Modified on 12/8/2021 (Benson, A.). |
| Filing 13 MOTION to DISMISS by WinCo Holdings, Inc. Motion Hearing set for 1/27/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice)(Kwan, Sophia) |
| Filing 12 INITIAL SCHEDULING CONFERENCE ISSUED; (Mena-Sanchez, L) |
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Filing 11
RELATED CASE ORDER signed by Senior Judge Morrison C. England, Jr. on 12/3/2021 ORDERING that this action is REASSIGNED to Senior District Judge Morrison C. England, Jr., and Magistrate Judge Jeremy D. Peterson for all further proceedings, and any dates currently in this case are VACATED. The Clerk of the Court is to issue the Initial Pretrial Scheduling Order. The caption on documents filed in this reassigned case shall be shown as 2:21-cv-02033-MCE-JDP. (Mena-Sanchez, L)
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| Filing 10 MOTION to REMAND by Somret Phoung. Motion Hearing set for 1/10/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Koulloukian, Nazo) Modified on 12/3/2021 (Kaminski, H). |
| Filing 9 WITHDRAWAL of #5 Motion to Dismiss, filed by WinCo Holdings, Inc.. (Kwan, Sophia) |
| Filing 8 FIRST AMENDED COMPLAINT against Somret Phoung by Somret Phoung.(Koulloukian, Nazo) |
| Filing 7 OPPOSITION by Somret Phoung to #5 Motion to Dismiss. (Attachments: #1 Declaration)(Koulloukian, Nazo) Modified on 11/23/2021 (Coll, A). |
| Filing 6 NOTICE of RELATED CASE(S) 2:20-cv--01656-MCE, 2:21-cv-01760-MCE by WinCo Holdings, Inc.. (Kwan, Sophia) |
| Filing 5 MOTION to DISMISS by WinCo Holdings, Inc. Motion Hearing set for 12/13/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice)(Kwan, Sophia) |
| Filing 4 CERTIFICATE of SERVICE by WinCo Holdings, Inc. re #2 Corporate Disclosure Statement, #3 Civil New Case Documents for WBS, #1 Notice of Removal,. (Ebsworth, Phillip) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 3/14/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendant WinCo Holdings, Inc.. (Ebsworth, Phillip) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2021-00308800 by WinCo Holdings, Inc.. (Filing fee $ 402, receipt number ACAEDC-9910443) (Attachments: #1 Declaration of Kyle Post, #2 Declaration of Brian "Duke" Rudel, #3 Civil Cover Sheet)(Ebsworth, Phillip) |
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