Carter v. C&S Wholesale Grocers Inc. et al
| Deon Carter |
| C&S Wholesale Grocers Inc., Tracy Logistics LLC, C&S Logistics of Sacramento/Tracy LLC, Tracy Logistics LLC a Delaware Limited Liability Company Doing business as Stockton Logistics, LLC and C&S Logistics of Sacramento/Tracy LLC a Delaware Limited Liability Company Doing business as Sacramento Logistics |
| 2:2022cv02165 |
| December 5, 2022 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 MINUTE ORDER issued by Relief Courtroom Deputy M. Francel for Chief District Judge Kimberly J. Mueller on 9/21/2023: This case is DISMISSED, with prejudice as to all individual claims brought by Plaintiff on his own behalf and without prejudice as to the claims asserted by Plaintiff on behalf of putative, uncertified class action members, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Plaintiff's Notice of Voluntary Dismissal, ECF No. #34 . Accordingly, this case is CLOSED. (Text Only Entry) (Francel, M.) |
| Filing 34 NOTICE of VOLUNTARY DISMISSAL by Deon Carter. (Higday, Meghan) |
| Filing 33 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/7/2023: Having reviewed and considered the parties' Joint Stipulation to Strike Plaintiff's Filed Documents, ECF No. #32 , and good cause appearing, the court GRANTS the parties' Stipulated Request. The court's Minute Order issued on 7/13/2023, ECF No. 31, is hereby VACATED. The Clerk of Court is DIRECTED to Reopen the case and to STRIKE the Documents filed at ECF No. 28. (Text Only Entry) (Schultz, C) |
| Filing 32 STIPULATION and PROPOSED ORDER for to Strike Plaintiff's 28] Request for Dismissal by Deon Carter. (Attachments: #1 Proposed Order)(Higday, Meghan) Modified on 8/1/2023 (Licea Chavez, V). |
| Filing 31 (VACATED PER MINUTE ORDER FILED AT ECF NO. 33) MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/13/2023: This case is DISMISSED, without prejudice as to Plaintiff's class action claims and with prejudice as to Plaintiff's individual wage-and-hour claims, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Plaintiff's Request for Dismissal, ECF No. #28 . Accordingly, all previously set deadlines and hearings are VACATED, and this case is CLOSED. (Text Only Entry) (Schultz, C) (Docket Text Modified on 8/7/2023 by C. Schultz) |
Filing 30
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/13/23 GRANTING IN PART AND DENYING IN PART #29 Request to Seal; only #28 Exhibit A is SEALED. (Benson, A.)
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| Filing 29 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Deon Carter. (Higday, Meghan) |
| Filing 28 REQUEST for DISMISSAL of the Action by Deon Carter. (Attachments: #1 Declaration of Meghan N. Higday, #2 Proposed Order, #3 [SEALED per #30 Order] Exhibit A)(Higday, Meghan) Modified on 7/13/2023 (Benson, A.). |
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Filing 27
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/01/23 EXTENDING the Defendants' deadline to file their Motion to Compel to and including 08/11/23 and RESETTING The Status Pretrial Scheduling Conference to 9/21/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Licea Chavez, V)
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| Filing 26 STIPULATION and PROPOSED ORDER to Continue Defendants Deadlines to File Motion to Compel and to Respond to Third Amended Complaint by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy) Modified on 6/1/2023 (Benson, A.). |
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Filing 25
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/11/23 EXTENDING the time for Defendants to file their Motion to Compel no later than 30 days after the filing date of this Order. (Licea Chavez, V)
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| Filing 24 STIPULATION and PROPOSED ORDER to Continue Defendants Responsive Pleading Deadline Pending Motion to Compel Individual Arbitration by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy) Modified on 5/5/2023 (Mena-Sanchez, L). |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/17/2023: In light of the 4/13/2023 Order, ECF No. #21 , the Status (Pretrial Scheduling) Conference set for 5/11/2023 is RESET for 7/13/2023 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. The July Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) |
| Filing 22 THIRD AMENDED COMPLAINT against All Plaintiffs by Deon Carter.(Higday, Meghan) |
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Filing 21
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/12/2023 GRANTING Stipulation AND EXTENDING Defendants' time to and including 04/27/2023 within which to serve and file any Motions, Pleadings, or other filings responsive to Plaintiff's SAC. (Rodriguez, E)
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| Filing 20 STIPULATION and PROPOSED ORDER to Extend Defendants Deadline to Respond to Second Amended Complaint to Afford Plaintiff Leave to File Third Amended Complaint by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order )(Beverlin, Amy) Modified on 4/13/2023 (Licea Chavez, V). |
| Filing 19 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/4/2023: In light of the 3/30/2023 Order, ECF No. #18 , the Status (Pretrial Scheduling) Conference set for 4/27/2023 is RESET for 5/11/2023 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. The May Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) |
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Filing 18
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/30/23 EXTENDING the time within which to serve and file any motions, pleadings, or otherfilings responsive to Plaintiff's SAC up to and including 4/13/23.(Licea Chavez, V)
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| Filing 17 STIPULATION and PROPOSED ORDER for Extension of Time for Defendants to Respond to Second Amended Complaint by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy) Modified on 3/23/2023 (Benson, A.). |
| Filing 16 SECOND AMENDED COMPLAINT against Defendants by Deon Carter.(Higday, Meghan) Modified on 3/3/2023 (Perdue, C.). |
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Filing 15
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/02/2023 GRANTING #14 Stipulation and Proposed Order. Plaintiff is hereby GRANTING leave to file the proposed SAC attached to the Stipulation as Exhibit A. Plaintiff shall promptly file the SAC as a separate document in the Court's CM/ECF System. Defendants shall file a response to the SAC within 28 days from the date on which Plaintiff files the SAC. By entering into the Stipulation, the Parties do not waive and expressly reserve all claims, defenses, and challenges in this action, including, without limitation, as to arbitration of Plaintiff's and/or any putative class member's individual claims and any motion(s) pursuant to Fed. R. Civ. P. 12 as to Plaintiff's SAC and any subsequent amended pleading and/or the claims asserted therein. (Rodriguez, E)
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| Filing 14 STIPULATION and PROPOSED ORDER to Permit Plaintiff Deon Carter Leave to File a Second Amended Complaint and to Extend Time for Defendants to File Their Responsive Pleading Thereto by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy) Modified on 2/24/2023 (Licea Chavez, V). |
| Filing 13 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/14/2023: Good cause appearing, the parties' Stipulated Request for Extension of Time, ECF No. #11 , is GRANTED nunc pro tunc to 2/10/2023. Accordingly, the Deadline for Defendant to file a response to Plaintiff's First Amended Complaint, ECF No. #10 , is EXTENDED to 2/24/2023. (Text Only Entry) (Schultz, C) |
| Filing 12 NOTICE of APPEARANCE by Kerri H. Sakaue on behalf of C&S Wholesale Grocers Inc., Tracy Logistics LLC. Attorney Sakaue, Kerri H. added. (Sakaue, Kerri) |
| Filing 11 STIPULATION and PROPOSED ORDER for Extension Time to Respond to #10 First Amended Complaint by C&S Wholesale Grocers Inc., Tracy Logistics LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy) Modified on 2/13/2023 (Rodriguez, E). |
| Filing 10 FIRST AMENDED COMPLAINT against All Defendants by Deon Carter.(Melmed, Jonathan) |
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Filing 9
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/11/2023 EXTENDING Defendants time up to and including 1/23/2023 in which to serve and file any motions, pleadings, or other filings responsive to Plaintiff's Complaint and Defendants shall have 21 days after service of Plaintiff's FAC to serve and file any motions, pleadings, or other filings responsive to Plaintiff's FAC. (Perdue, C.)
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| Filing 8 STIPULATION to Extend Time for Defendants to Respond to Complaint to Permit Plaintiff Time to File First Amended Complaint by C&S Logistics of Sacramento/Tracy LLC, C&S Wholesale Grocers Inc., Tracy Logistics LLC. Attorney Beverlin, Amy Elaine added. (Beverlin, Amy) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to All Defendants on 12/08/22 (Melmed, Jonathan) Modified on 12/15/2022 (Licea Chavez, V). |
| Filing 6 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. (Melmed, Jonathan) |
| Filing 5 STIPULATION to Extend Time to Respond to Complaint by C&S Logistics of Sacramento/Tracy LLC, C&S Wholesale Grocers Inc.. (Kane, Matthew) Modified on 12/12/2022 (Licea Chavez, V). |
| Filing 4 NOTICE of APPEARANCE by Amy Elaine Beverlin on behalf of C&S Logistics of Sacramento/Tracy LLC, C&S Wholesale Grocers Inc.. Attorney Beverlin, Amy Elaine added. (Beverlin, Amy) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 4/27/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kastilahn, A) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendants C&S Logistics of Sacramento/Tracy LLC, C&S Wholesale Grocers Inc.. (Kane, Matthew) |
| Filing 1 NOTICE of REMOVAL from San Joaquin Superior Court, case number STK-CV-UOE-2022-9933 by C&S Logistics of Sacramento/Tracy LLC, C&S Wholesale Grocers Inc.. (Filing fee $ 402, receipt number ACAEDC-10581987) (Attachments: #1 Exhibits A to J, #2 Civil Cover Sheet, #3 Declaration of Yesenia Garibay)(Kane, Matthew) |
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