Rose et al v. Cemex Construction Materials Pacific, LLC
Plaintiff: Robert Rose and Paul Simi
Defendant: Cemex Construction Materials Pacific, LLC
Case Number: 2:2023cv01979
Filed: September 13, 2023
Court: US District Court for the Eastern District of California
Presiding Judge: Allison Claire
Referring Judge: William B Shubb
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Filing 16 REPLY in Support of #12 Motion to Remand by Robert Rose, Paul Simi . (Kanbar, Sarah) Modified on 11/7/2023 (Licea Chavez, V).
October 27, 2023 Filing 15 OPPOSITION by Cemex Construction Materials Pacific, LLC to #12 Motion to Remand,. (Attachments: #1 Declaration of Timothy Robertson, #2 Request for Judicial Notice, #3 Proposed Order)(Fisher-Wu, Kendall)
October 16, 2023 Filing 14 REPLY by Cemex Construction Materials Pacific, LLC to RESPONSE to #6 Motion to Dismiss,. (Attachments: #1 Response to Plaintiffs' Objections to RJN)(Fisher-Wu, Kendall)
October 16, 2023 Filing 13 MINUTE ORDER (TEXT ONLY) : On the Court's own motion, the parties are hereby notified that Defendants' Motion to Dismiss #6 currently set for hearing on 10/30/2023 is continued to 12/11/2023 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, so that it may be heard along with Plaintiff's Motion to Remand #12 . (Kirksey Smith, K)
October 13, 2023 Filing 12 MOTION to REMAND by Robert Rose, Paul Simi. Motion Hearing set for 12/11/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Robert Rose In Support of Motion to Remand, #2 Proposed Order Granting Plaintiffs' Motion to Remand Case to California Superior Court)(Kanbar, Sarah)
October 4, 2023 Filing 11 OPPOSITION by Robert Rose, Paul Simi to #6 Motion to Dismiss,. (Attachments: #1 Objection)(Kerestenzis, Constantinos)
October 2, 2023 Filing 10 NOTICE Defendant's Certificate of Filing and Service of Notice to State Court and Adverse Party of #1 Removal of Action to Federal Court by Cemex Construction Materials Pacific, LLC . (Liu, Dorothy) Modified on 10/3/2023 (Licea Chavez, V).
September 21, 2023 Filing 9 MINUTE ORDER (TEXT ONLY): Pursuant to the Clerk's Notice Reassigning Case to Senior Judge William B. Shubb and Magistrate Judge Allison Claire issued 9/21/2023 (Docket No. 7), the parties are hereby notified that Defendant's Motion to Dismiss #6 is reset for hearing on 10/30/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, to be held in person, in open court (unless otherwise ordered). (Kirksey Smith, K)
September 21, 2023 Filing 8 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/29/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Reader, L)
September 21, 2023 Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Senior Judge William B. Shubb and Magistrate Judge Allison Claire. The new case number is: 2:23-CV-1979 WBS AC. (Reader, L)
September 20, 2023 Filing 6 MOTION to DISMISS by Cemex Construction Materials Pacific, LLC. Motion Hearing set for 10/25/2023 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 [Proposed] Order)(Fisher-Wu, Kendall)
September 15, 2023 Filing 5 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. (Fisher-Wu, Kendall)
September 15, 2023 Filing 4 NOTICE of APPEARANCE by Sarah Sam Kanbar on behalf of Robert Rose, Paul Simi. Attorney Kanbar, Sarah Sam added. (Kanbar, Sarah)
September 15, 2023 Filing 3 NOTICE of APPEARANCE by Kendall Carolyn Fisher-Wu on behalf of Cemex Construction Materials Pacific, LLC. Attorney Fisher-Wu, Kendall Carolyn added. (Fisher-Wu, Kendall)
September 14, 2023 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A)
September 13, 2023 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 23CV004244 by Cemex Construction Materials Pacific, LLC. (Filing fee $ 402, receipt number ACAEDC-11073136) (Attachments: #1 Declaration of Timothy D. Robertson , #2 Certificate of Interested Entities or Parties, #3 Civil Cover Sheet)(Liu, Dorothy)

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Plaintiff: Robert Rose
Represented By: Constantinos E. Kerestenzis
Represented By: Sarah Sam Kanbar
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Plaintiff: Paul Simi
Represented By: Constantinos E. Kerestenzis
Represented By: Sarah Sam Kanbar
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Defendant: Cemex Construction Materials Pacific, LLC
Represented By: Dorothy S. Liu
Represented By: Kendall Carolyn Fisher-Wu
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