Avalos-Aviles v. Red Robin International, Inc.
| Jose Jesus Avalos-Aviles |
| Red Robin International, Inc. Doing business as Red Robin Burger and Spirits Emporiums |
| 2:2022cv01257 |
| July 15, 2022 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Kimberly J Mueller |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Both |
Docket Report
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| Filing 22 NOTICE of RELATED CASE(S) CIVSB2202216, 2:23-CV-03338 JFW by Red Robin International, Inc.. (Siegel, Adam) |
| Filing 21 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/4/2023: On 4/3/2023, the parties filed a joint #20 stipulation to modify the scheduling order. Good cause appearing, and consistent with District Judge Dale A. Drozd's case scheduling practices, the court grants the parties' #20 request to modify the scheduling order as follows: Fact discovery shall be completed by 10/2/2024; Expert disclosures shall be completed by 11/1/2024; Rebuttal expert disclosures shall be completed 12/2/2024; Expert discovery shall be completed by 1/3/2025; All dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications shall be filed no later than 2/17/2025 and be noticed for hearing on a date consistent with Judge Drozd's #6 Standing Order and on a date no more than 60 days after the filing of the motion. In addition, the Final Pretrial Conference currently set for 6/4/2024 is hereby RESET for 7/22/2025 at 01:30 PM before Judge Drozd by Zoom, and the Jury Trial currently set for 8/5/2024 is hereby RESET for 10/6/2025 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Buzo, P) |
| Filing 20 STIPULATION to AMEND #15 Scheduling Order and Continue Trial by Red Robin International, Inc.. (Vigodnier, Martin) Modified on 4/4/2023 (Licea Chavez, V). |
| Filing 19 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/8/2023: On 3/7/2023, the parties filed a #18 stipulation requesting court approval of their agreed-upon process to allow putative class members to personally assert their right to privacy using the procedure set forth in Belaire-West Landscape, Inc. v. Superior Court, 149 Cal. App. 4th 554, 556 (2007), wherein putative class members will be provided notice and an opportunity to exclude their personal information from disclosure by defendant to plaintiff's counsel. Pursuant to that #18 stipulation and good cause appearing, the court hereby orders as follows: CPT is appointed as the third-party administrator for the limited purpose of providing notice as set forth in the parties' #18 stipulation; the parties' agreed-upon sampling of putative class member information is discoverable by plaintiff; and administrator CPT and the parties shall complete the notice procedure by the dates agreed upon in the parties' #18 stipulation.(Buzo, P) |
| Filing 18 STIPULATION and PROPOSED ORDER re Notice to putative class members by Jose Jesus Avalos-Aviles. (Attachments: #1 Proposed Order)(Tabatabaeepour, Roxanna) Modified on 3/8/2023 (Mena-Sanchez, L). |
Filing 17
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 2/17/2023. (Mena-Sanchez, L)
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| Filing 16 STIPULATION and PROPOSED ORDER for Protective Order by Jose Jesus Avalos-Aviles. (Tabatabaeepour, Roxanna) Modified on 2/8/2023 (Perdue, C.). |
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Filing 15
SCHEDULING ORDER signed by District Judge Dale A. Drozd on 11/2/22 VACATING the 11/15/22 scheduling order. All fact discovery shall be completed no later than 8/2/23. Designation of Expert Witnesses due by 9/1/2023 and experts rebuttal disclosure due by 10/2/23. All expert discovery shall be completed no later than 11/1/23. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 12/18/23. The Final Pretrial Conference is SET for 6/4/2024 at 01:30 PM and the Jury Trial is SET for 8/5/2024 at 09:00 AM, in Courtroom 4 (DAD) before District Judge Dale A. Drozd.(Kastilahn, A)
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| Filing 14 JOINT SCHEDULING REPORT by Jose Jesus Avalos-Aviles. (Tabatabaeepour, Roxanna) |
| Filing 13 ANSWER by Red Robin International, Inc..(Siegel, Adam) |
| Filing 12 FIRST AMENDED COMPLAINT against Red Robin International, Inc. by Jose Jesus Avalos-Aviles.(Tabatabaeepour, Roxanna) |
| Filing 11 **AMENDED** MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/8/2022. On September 7, 2022, the parties filed a #9 joint stipulation to allow plaintiff to file a first amended complaint. Pursuant to that #9 stipulation and good cause appearing, plaintiff shall file the first amended complaint no later than 7 days from the date of this order. Defendant shall file a response to the first amended complaint no later than 30 days after the first amended complaint is filed. The #4 Motion to Amend is RENDERED MOOT.(Buzo, P) |
| Filing 10 **DISREGARD** MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/8/202. On September 7, 2022, the parties filed a #9 Joint Stipulation to allow plaintiff to file a first amended complaint. Pursuant to that #9 stipulation and good cause appearing, plaintiff shall file the first amended complaint no later than 7 days from the date of this order. Defendant shall file a response to the first amended complaint no later than 30 days after the first amended complaint is filed.(Buzo, P) Modified on 9/8/2022 (Buzo, P). |
| Filing 9 STIPULATION and PROPOSED ORDER re Filing Amended Complaint by Jose Jesus Avalos-Aviles. (Attachments: #1 Proposed Order. Villalba, Orlando) Modified on 9/8/2022 (Kaminski, H). |
| Filing 8 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/7/2022. The hearing on plaintiff's #4 Motion for leave to file a first amended complaint currently set for 10/7/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller is RESET to 10/18/2022 at 01:30 PM before District Judge Dale A. Drozd. The parties are referred to District Judge Dale A. Drozd's #6 Standing Order for Zoom appearance information.(Buzo, P) |
| Filing 7 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/15/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order) (Donati, J) |
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Filing 6
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 5
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 4 MOTION to AMEND #1 Notice of Removal, by Jose Jesus Avalos-Aviles. Attorney Tabatabaeepour, Roxanna added. Motion Hearing set for 10/7/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration)(Tabatabaeepour, Roxanna) Modified on 8/26/2022 (Kaminski, H). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/17/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Zignago, K.) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendant Red Robin International, Inc.. (Vigodnier, Martin) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2022-00320877 by Red Robin International, Inc.. (Filing fee $ 402, receipt number ACAEDC-10331417) (Attachments: #1 Certification and Notice of Interested Parties, #2 Declaration of Jared Kulka, #3 Declaration of Adam Y. Siegel, #4 Declaration of Kelly McGrew, #5 Civil Cover Sheet)(Vigodnier, Martin) |
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