Meraz-Valencia v. Westlake Royal Roofing, LLC
| Pedro Meraz-Valencia |
| Boral Roofing, LLC, Westlake Royal Roofing, LLC, Boral Industries, Inc., Royal Building Products USA, Inc. and Westlake Chemical Corporation |
| 2:2022cv00491 |
| March 14, 2022 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Dale A Drozd |
| Kimberly J Mueller |
| Civil Rights: Jobs |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 ANSWER by Westlake Royal Roofing, LLC.(Kim, Sylvia) |
| Filing 51 THIRD AMENDED COMPLAINT against Westlake Royal Roofing, LLC by Pedro Meraz-Valencia.(Cohen, Caroline) Modified on 4/13/2023 (Reader, L). |
Filing 50
ORDER signed by District Judge Dale A. Drozd on 3/15/2023 ORDER signed by District Judge Dale A. Drozd on 3/15/2023 GRANTING in PART and DENYING in PART #46 Motion to Dismiss. Plaintiff shall file a third amended complaint, or a notice of an intent to proceed on the remaining claims as alleged in the Second Amended Complaint #43 , within 21 days from the issuance of this order.(Reader, L)
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| Filing 49 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/14/2023: Pursuant to Local Rule 230(g), the pending #46 Motion is SUBMITTED without oral argument. Accordingly, the hearing set for 3/21/2023 is VACATED, to be reset at a later date if the court determines that oral argument is needed.(Buzo, P) |
| Filing 48 REPLY by Westlake Royal Roofing, LLC re #46 Motion to Dismiss. (Kim, Sylvia) |
| Filing 47 OPPOSITION by Pedro Meraz-Valencia to #46 Motion to Dismiss. (Cohen, Caroline) |
| Filing 46 MOTION to DISMISS by Westlake Royal Roofing, LLC. Motion Hearing set for 3/21/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Kane, Matthew) |
| Filing 45 TRANSCRIPT of Proceedings held on 12/08/2022, before District Judge Dale A. Drozd, filed by Court Reporter Kimberly Bennett, Phone number 916-741-3475 E-mail reporter.bennett@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 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/20/2023. (Bennett, K) |
| Filing 44 NOTICE of ERRATA by Pedro Meraz-Valencia re #43 Complaint.. (Attachments: #1 Exhibit)(Cohen, Caroline) |
| Filing 43 SECOND AMENDED COMPLAINT against Pedro Meraz-Valencia by Pedro Meraz-Valencia.(Cohen, Caroline) ). Modified on 1/13/2023 (Kastilahn, A). |
| Filing 42 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/4/2023: Pursuant to the parties' #41 Stipulation and good cause appearing, plaintiff's deadline to file his second amended complaint shall be extended to 1/12/2023 and defendant's deadline to file a responsive pleading thereto shall be extended to 21 days after the filling of the second amended complaint, including up to 2/2/2023. (Buzo, P) |
| Filing 41 STIPULATION and PROPOSED ORDER to Continue Deadline to File His Second Amended Complaint and Extend Defendant's Deadline to File its Response Thereto by Pedro Meraz-Valencia. (Attachments: #1 Proposed Order)(Weaver, Andrew) Modified on 12/29/2022 (Reader, L). |
| Filing 40 AMENDED TRANSCRIPT REQUEST re #39 by Pedro Meraz-Valencia for proceedings held on 12/8/2022 before Judge Dale A. Drozd. Court Reporter Kimberly Bennett. (Gaudard, Philippe) |
| Filing 39 TRANSCRIPT REQUEST by Pedro Meraz-Valencia for proceedings held on 12/8/2022 before Judge Dale A. Drozd. Court Reporter Kimberly Bennett. (Gaudard, Philippe) |
| Filing 38 MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 12/8/2022 re #17 Motion to Dismiss, Motion to Strike filed by Westlake Royal Roofing, LLC. Caroline Cohen appeared by video on behalf of Pedro Meraz-Valencia. Amy Beverlin appeared by video on behalf of Westlake Royal Roofing, LLC. Ms. Beverlin addressed the court as to motion to dismiss with leave to amend as stated on the record. Ms. Cohen addressed the court as stated on the record. Ms. Beverlin further addressed the court. After hearing of arguments, for the reasons stated on the record during the court's 12/8/2022 hearing in this action, defendant's #17 Motion to Dismiss and/or Strike is GRANTED as follows: plaintiff's claims one through six are dismissed with leave to amend; and the following remedies are stricken from plaintiff's first amended complaint without leave to amend: (i) plaintiff's request for treble and punitive damages; (ii) plaintiff's request for attorney's fees in connection with his meal period violation; (iii) plaintiff's request for an order awarding civil penalties; and (iv) plaintiff's request for declaratory relief. Plaintiff's second amended complaint, if any, must be filed within twenty-one (21) days of the date of the 12/8/2022 hearing. Plaintiffs Counsel Caroline Cohen present by video. Defendants Counsel Amy Beverlin present by video. Court Reporter/CD Number: Kimberly Bennett. (Buzo, P) |
| Filing 37 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/2/2022: The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021, and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022, and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision. In order to devote the court's limited resources to working through this extensive backlog of previously submitted motions as quickly as possible, drastic measures have been implemented. Although it is not Judge Drozd's preference to significantly limit oral argument on civil motions, in light of the judicial crisis facing this district, the court will not entertain more than five (5) minutes of oral argument, per side, at the hearing on December 8, 2022. As the court previously advised the parties, the court intends to rule from the bench and Local Rule 237 shall not apply.(Buzo, P) |
| Filing 36 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/30/2022: In light of the parties' #33 #34 #35 responses to the court's #32 order to show cause, the court concludes that this federal court has subject matter jurisdiction over this case under 28 U.S.C. 1332(a). Accordingly, the #32 order to show cause why this case should not be dismissed for lack of subject matter jurisdiction is hereby discharged.(Buzo, P) |
| Filing 35 RESPONSE by Pedro Meraz-Valencia to #32 Order to Show Cause. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cohen, Caroline) Modified on 11/29/2022 (Kaminski, H). |
| Filing 34 RESPONSE by Pedro Meraz-Valencia to #32 Order to Show Cause. (Cohen, Caroline) Modified on 11/29/2022 (Kaminski, H). |
| Filing 33 RESPONSE to #32 ORDER to SHOW CAUSE by Westlake Royal Roofing, LLC. (Kane, Matthew) |
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Filing 32
ORDER to SHOW CAUSE signed by District Judge Dale A. Drozd on 11/17/22 ORDERING plaintiff to show cause within 10 days of the date of entry of this order as to why this case should not be dismissed for lack of subject matter jurisdiction. (Kastilahn, A)
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Filing 31
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/14/2022: The court hereby specially sets the Defendant's pending #17 Motion to Dismiss, Motion to Strike for a hearing on 12/8/2022 at 10:00 AM before District Judge Dale A. Drozd by Zoom video. Counsel shall inform the court as to which attorneys will be appearing at the hearing by emailing Judge Drozd's Courtroom Deputy Pete Buzo at PBuzo@caed.uscourts.gov by no later than 12/1/2022. Counsel will thereafter receive a Zoom ID number and password for the hearing by email. Any other interested parties or members of the public may access the hearing telephonically by dialing 8885578511 and using access code 9683466, at the time of the hearing. The parties are advised that the court anticipates making an oral ruling on the motion and Local Rule 137 shall not apply.(Buzo, P)
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| Filing 30 NOTICE of APPEARANCE by Philippe M.J. Gaudard on behalf of Pedro Meraz-Valencia. Attorney Gaudard, Philippe M.J. added. (Gaudard, Philippe) |
| Filing 29 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/14/2022. The Initial Scheduling Conference set for 10/4/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd is hereby VACATED, to be reset by the court after the pending #17 Motion to Dismiss is resolved.(Buzo, P) |
| Filing 28 CERTIFICATE / PROOF of SERVICE re #27 Standing Order by Pedro Meraz-Valencia. (Cohen, Caroline) Modified on 9/5/2022 (Kaminski, H). |
| Filing 27 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/4/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order) (Donati, J) |
| Filing 26 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/29/2022: In light of the Order of Reassignment, ECF No. #24 , the Status (Pretrial Scheduling) Conference set for 9/8/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller, and the related filing deadline are VACATED. (Text Only Entry)(Schultz, C) |
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Filing 25
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 24
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Donati, J)
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| Filing 23 REPLY by Westlake Royal Roofing, LLC re #17 Motion to Dismiss,, Motion to Strike,. (Kane, Matthew) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/25/2022: On the court's own motion and pursuant to Local Rule 230(g), Defendant's Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint, ECF No. #17 , is SUBMITTED without oral argument. Accordingly, the hearing date of 7/29/2022 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) |
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Filing 21
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/20/22, per #19 Stipulation, RESETTING the Initial Scheduling Conference for 9/8/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller and CONTINUING the Parties' deadlines to conduct their early conference of counsel to at least 21 days prior to the new Status Conference date, and CONTINUING the deadline to file their Joint Status Report to at least 14 days prior to the new Status Conference date, and to exchange initial disclosures continued in accordance. (Benson, A.)
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| Filing 20 OPPOSITION by Pedro Meraz-Valencia to #17 Motion to Dismiss,, Motion to Strike,. (Cohen, Caroline) |
| Filing 19 STIPULATION and PROPOSED ORDER for o Continue Status (Pretrial Scheduling) Conference and Related Deadlines by Westlake Royal Roofing, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) Modified on 7/8/2022 (Benson, A.). |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/21/2022: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 7/14/2022 is RESET for 7/29/2022 at 10:00 AM in Courtroom 3 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) |
| Filing 17 MOTION to DISMISS and/or STRIKE #13 First Amended Complaint. Motion Hearing set for 7/29/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.) by Westlake Royal Roofing, LLC. (Kane, Matthew) Modified on 6/22/2022 (Benson, A.). |
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Filing 16
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/15/2022 EXTENDING by 14 days, to and including 6/20/2022, that defendant shall respond to the First Amended Complaint.(Reader, L)
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| Filing 15 PROPOSED ORDER re #14 Stipulation by Westlake Royal Roofing, LLC. (Kim, Sylvia) Modified on 6/21/2022 (Benson, A.). |
| Filing 14 STIPULATION to Extend Time to Respond to #13 First Amended Complaint by Westlake Royal Roofing, LLC. (Kim, Sylvia) Modified on 6/3/2022 (Huang, H). |
| Filing 13 FIRST AMENDED COMPLAINT against Pedro Meraz-Valencia by Pedro Meraz-Valencia.(Cohen, Caroline) |
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Filing 12
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/4/2022 GRANTING the #11 Stipulation; DISMISSING WITHOUT PREJUDICE Royal Building Products USA, Inc., Westlake Chemical Corporation, Boral Industries, Inc. and Boral Roofing, LLC; and DIRECTING plaintiff to file a First Amended Complaint within 14 days with Defendant Westlake Royal Roofing LLC's Answer due within thirty days. (Coll, A)
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| Filing 11 STIPULATION to Extend Westlake Royal Roofing LLC's Time To Respond To Complaint and Dismiss All Other Named Defendants Without Prejudice by Boral Industries, Inc. et al. (Kane, Matthew) Modified on 4/26/2022 (Coll, A). |
| Filing 10 NOTICE of APPEARANCE by Andrew Daniel Weaver on behalf of Pedro Meraz-Valencia. Attorney Weaver, Andrew Daniel added. (Weaver, Andrew) |
| Filing 9 NOTICE of APPEARANCE by Sylvia Jihae Kim on behalf of Boral Industries, Inc., Boral Roofing, LLC, Royal Building Products USA, Inc., Westlake Chemical Corporation, Westlake Royal Roofing, LLC. Attorney Kim, Sylvia Jihae added. (Kim, Sylvia) |
| Filing 8 NOTICE of APPEARANCE by Kerri H. Sakaue on behalf of Boral Industries, Inc., Boral Roofing, LLC, Royal Building Products USA, Inc., Westlake Chemical Corporation, Westlake Royal Roofing, LLC. Attorney Sakaue, Kerri H. added. (Sakaue, Kerri) |
| Filing 7 NOTICE of APPEARANCE by Matthew C. Kane on behalf of Boral Industries, Inc., Boral Roofing, LLC, Royal Building Products USA, Inc., Westlake Chemical Corporation, Westlake Royal Roofing, LLC. Attorney Kane, Matthew C. added. (Kane, Matthew) |
| Filing 6 STIPULATION to Extend Time To Respond to Complaint by Boral Industries, Inc., Boral Roofing, LLC, Royal Building Products USA, Inc., Westlake Chemical Corporation, Westlake Royal Roofing, LLC. Attorney Beverlin, Amy Elaine added. (Beverlin, Amy) Modified on 4/8/2022 (Benson, A.). |
| Filing 5 SUMMONS RETURNED EXECUTED: All Defendants. (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service)(Cohen, Caroline) |
| Filing 4 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Cohen, Caroline) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/14/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kaminski, H) |
| Filing 2 SUMMONS ISSUED as to *Boral Industries, Inc., Boral Roofing, LLC, Royal Building Products USA, Inc., Westlake Chemical Corporation, Westlake Royal Roofing, LLC* with answer to complaint due within *21* days. Attorney *Carolyn H. Cottrell* *Schneider Wallace Cottrell Konecky LLP* *2000 Powell Street, Suite 1400* *Emeryville, CA 94608*. (Kaminski, H) |
| Filing 1 COMPLAINT against all Defendants by Pedro Meraz-Valencia. (Filing fee $ 402, receipt number ACAEDC-10122226) #1 Civil Cover Sheet. (Cohen, Caroline) |
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