Perez v. Performance Food Group, Inc. et al
Jorge Perez |
Performance Food Group, Inc., Vistar Transportation, LLC and Roma Food Enterprises, Inc. |
4:2015cv02390 |
May 29, 2015 |
US District Court for the Northern District of California |
Haywood S Gilliam |
Labor: Fair Standards |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on January 18, 2017. A more recent docket listing may be available from PACER.
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Case transferred from California Northern has been opened in UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA as case 2:17-cv-00357 (alsS, COURT STAFF) (Filed on 1/18/2017) |
Filing 57 ORDER GRANTING #49 MOTION TO TRANSFER.***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 1/6/2017. (ndrS, COURT STAFF) (Filed on 1/6/2017) |
Filing 56 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending the two ( #36 , #45 ) motions to dismiss and the #49 motion to transfer filings under submission. The hearings previously scheduled for January 5, 2017 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 1/3/2017) |
Filing 55 CLERK'S NOTICE. Notice is hereby given that the hearing on the #45 motion to dismiss, previously set for December 22, 2016, is continued to January 5, 2017,before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 12/14/2016) |
Reset Hearing as to #45 MOTION to Dismiss Plaintiff's Second Amended Complaint Pursunat to docket no. 55 : Motion Hearing set for 1/5/2017 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/14/2016) |
Filing 54 REPLY (re #49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 ) filed byPerformance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 11/9/2016) |
Filing 53 OPPOSITION/RESPONSE (re #49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 ) filed byJorge Perez. (Attachments: #1 Declaration of Shaun Setareh, #2 Declaration of Jorge Perez)(Setareh, Chaim) (Filed on 11/2/2016) Modified on 11/3/2016 (ecgS, COURT STAFF). |
Filing 52 REPLY (re #45 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byRoma Food Enterprises, Inc. (Kane, Matthew) (Filed on 10/31/2016) Modified on 11/1/2016 (ecgS, COURT STAFF). |
Filing 51 ORDER CONTINUING HEARING. Signed by Judge Haywood S. Gilliam, Jr. The hearing on #36 Defendants' motion to dismiss and/or strike Plaintiff's second amended complaint, previously scheduled for 11/3/2016, is hereby CONTINUED to 1/5/2017. The Court DIRECTS the Parties to be prepared to argue both Defendants' motion to dismiss and/or strike Plaintiff's second amended complaint and #49 Defendants' motion to transfer. (This is a text-only entry; there is no document associated with this entry.)(hsglc3S, COURT STAFF) (Filed on 10/28/2016) |
Reset Hearing as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) Pursuant to Docket No. 51 : Motion Hearing set for 1/5/2017 02:00 PM before Hon. Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 10/28/2016) |
Filing 50 OPPOSITION (re #45 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byJorge Perez. (Setareh, Chaim) (Filed on 10/25/2016) Modified on 10/25/2016 (ecgS, COURT STAFF). |
Filing 49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. Motion Hearing set for 1/5/2017 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 11/2/2016. Replies due by 11/9/2016. (Attachments: #1 Declaration of Ferguson, #2 Proposed Order)(Kane, Matthew) (Filed on 10/19/2016) |
Filing 48 NOTICE by Jorge Perez (Setareh, Chaim) (Filed on 10/17/2016) |
Filing 47 REPLY (re #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) ) filed byPerformance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 10/17/2016) |
Electronic filing REMINDER Re: #46 Opposition/Response to Motion, filed by Jorge Perez. No further action is necessary. Suffix to Judge Gilliam's Jr. is missing on cover page. Cases assigned to Judge Haywood S. Gilliam, Jr. should include suffix in future filings if reference is included on cover page. This is a text only docket entry. There is no document associated with this entry. [Err400] (ecgS, COURT STAFF) (Filed on 10/12/2016) |
Filing 46 OPPOSITION (re #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) ) filed byJorge Perez. (Setareh, Chaim) (Filed on 10/11/2016) Modified on 10/12/2016 (ecgS, COURT STAFF). |
Filing 45 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. Motion Hearing set for 12/22/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 10/24/2016. Replies due by 10/31/2016. (Attachments: #1 Declaration of Benton, #2 Declaration of Hickman, #3 Declaration of Kelly, #4 Proposed Order)(Kane, Matthew) (Filed on 10/10/2016) |
Filing 44 Order by Hon. Haywood S. Gilliam, Jr. denying #43 Stipulated Protective Order and directing parties to submit a protective order that tracks the Northern District of California's Model Stipulated Protective Order for Standard Litigation, or to explain the basis for any requested deviation from the Model Order. (This is a text-only entry; there is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 9/20/2016) |
Filing 43 STIPULATED PROTECTIVE ORDER filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 9/14/2016) Modified on 9/15/2016 (pdy, COURT STAFF). |
Filing 42 ORDER by Judge Haywood S. Gilliam, Jr. Granting #41 Stipulation to Extend Mediation Completion; Modify Briefing and Hearing Schedule; Extend Time to Respond to Complaint re #36 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 6/22/2016) |
Reset Deadlines/Hearing as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) : Responses due by 10/10/2016; Replies due by 10/17/2016; Motion Hearing set for 11/3/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/22/2016) |
Filing 41 STIPULATION WITH PROPOSED ORDER to Extend Mediation Completion; Modify Briefing and Hearing Schedule; Extend Time to Respond to Complaint re #36 MOTION to Dismiss filed by Jorge Perez. (Attachments: #1 Certificate/Proof of Service)(Setareh, Chaim) (Filed on 6/20/2016) Modified on 6/22/2016 (dtmS, COURT STAFF). |
Filing 40 STIPULATION to Extend Time for Specially Appearing Defendant Roma Foods Enterprises, Inc. to Respond to Second Amended Complaint by 21 Days filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 5/31/2016) |
Filing 39 ORDER by Judge Haywood S. Gilliam, Jr. Granting #38 Stipulation to Amend Briefing Schedule re #36 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 5/25/2016) |
Reset Deadlines Pursuant to Docket No. #39 as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) : Responses due by 6/22/2016; Replies due by 7/13/2016. (ndrS, COURT STAFF) (Filed on 5/25/2016) |
Filing 38 STIPULATION WITH PROPOSED ORDER to Amend Briefing Schedule re #36 MOTION to Dismiss filed by Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) (Filed on 5/24/2016) Modified on 5/24/2016 (dtmS, COURT STAFF). |
Filing 37 AFFIDAVIT of Service for Summons, complaint, amended doe complaint , etc... served on Roma Food Enterprises, Inc. on 05-10-2016, filed by Jorge Perez. (Setareh, Chaim) (Filed on 5/18/2016) |
Filing 36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) filed by Performance Food Group, Inc., Vistar Transportation, LLC. Motion Hearing set for 8/25/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 5/25/2016. Replies due by 6/1/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 5/11/2016) |
Filing 35 ORDER by Judge Haywood S. Gilliam, Jr. Granting #33 Stipulation Re #29 Amended Complaint to Extend Time to Respond to Second Amended Complaint By 14 Days. (ndrS, COURT STAFF) (Filed on 4/26/2016) |
Filing 34 ORDER by Judge Haywood S. Gilliam, Jr. Granting #32 Stipulation selecting Private ADR. (ndrS, COURT STAFF) (Filed on 4/26/2016) |
Filing 33 STIPULATION WITH PROPOSED ORDER re #29 Amended Complaint to Extend Time to Respond to Second Amended Complaint By 14 Days filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Declaration of Matthew C. Kane)(Kane, Matthew) (Filed on 4/26/2016) |
Filing 32 STIPULATION and Proposed Order selecting Private ADR. filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kim, Sylvia) (Filed on 4/26/2016) Modified on 4/26/2016 (dtmS, COURT STAFF). |
Electronic filing error. Incorrect event used. Correct event is Stip/Order Selecting Private ADR. Corrected by Clerk's Office. No further action is necessary. Re: #32 STIPULATION and Proposed Order selecting Mediation filed by Vistar Transportation, LLC (dtmS, COURT STAFF) (Filed on 4/26/2016) |
Filing 31 NOTICE of Change In Counsel by Thomas Alistair Segal (Attachments: #1 Certificate/Proof of Service)(Segal, Thomas) (Filed on 4/15/2016) |
Filing 30 NOTICE of Appearance by Thomas Alistair Segal (Attachments: #1 Certificate/Proof of Service)(Segal, Thomas) (Filed on 4/15/2016) |
REMINDER: Judge's Initials HSG Required after the Case Number on all Documents #12 Reassignment Order. (dtmS, COURT STAFF) (Filed on 4/14/2016) |
Filing 29 Second AMENDED COMPLAINT against All Defendants. Filed byJorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate/Proof of Service)(Setareh, Chaim) (Filed on 4/13/2016) Modified on 4/14/2016 (dtmS, COURT STAFF). |
Filing 28 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART #16 MOTION TO DISMISS WITHOUT PREJUDICE.(ndrS, COURT STAFF) (Filed on 3/23/2016) |
Set Deadline Pursuant to Docket No. #28 : Amended Pleadings due by 4/13/2016. (ndrS, COURT STAFF) (Filed on 3/23/2016) |
Filing 27 ORDER by Judge Haywood S. Gilliam, Jr. vacating the hearing scheduled for October 1, 2015, at 2:00 p.m. The Court takes the pending #16 motion to dismiss and/or strike under submission pursuant to Local Rule 7-1(b) and will issue a written order. (This is a text only docket entry, there is no document associated with this order.)(hsglc3, COURT STAFF) (Filed on 9/29/2015) |
Filing 26 CLERK'S NOTICE. Notice is hereby given that #16 Defendant's Motion to Dismiss, previously set for September 24, 2015, is continued to October 1, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text only docket entry, there is no document associated with this notice.)(ndrS, COURT STAFF) (Filed on 9/17/2015) |
Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by Jorge Perez. (Setareh, Chaim) (Filed on 9/1/2015) |
Filing 24 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference previously scheduled for September 8, 2015 is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndrS, COURT STAFF) (Filed on 8/31/2015) |
Filing 23 REPLY (re #16 MOTION to Dismiss ) filed byPerformance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 8/27/2015) Modified on 8/28/2015 (dtmS, COURT STAFF). |
Filing 22 Certificate of Interested Entities by Jorge Perez (Setareh, Chaim) (Filed on 8/27/2015) |
Filing 21 ORDER by Judge Haywood S. Gilliam, Jr. Granting #17 Stipulation Re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f). (ndrS, COURT STAFF) (Filed on 8/6/2015) |
Reset Deadlines/Hearings pursuant to docket no. #21 Re docket no. #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f): Responses due by 7/27/2015; Replies due by 8/27/2015; Case Management Conference set for 9/8/2015 02:00 PM; Motion Hearing set for 9/24/2015 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/6/2015) |
Filing 20 RESPONSE (re #16 MOTION to Dismiss ) filed byJorge Perez. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A)(Setareh, Chaim) (Filed on 7/27/2015) Modified on 7/28/2015 (dtmS, COURT STAFF). |
Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Setareh, Chaim) (Filed on 7/27/2015) |
Filing 18 ERRATA re #17 STIPULATION WITH PROPOSED ORDER re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) , Electronic Filing Error by Jorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Setareh, Chaim) (Filed on 7/20/2015) |
Filing 17 STIPULATION WITH PROPOSED ORDER re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) (Filed on 7/20/2015) |
Electronic filing error. E-filer's Attestation Required. http://cand.uscourts.gov/ecf/signatures Re: #17 STIPULATION WITH PROPOSED ORDER filed by Jorge Perez (dtmS, COURT STAFF) (Filed on 7/20/2015) |
Filing 16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Performance Food Group, Inc., Vistar Transportation, LLC. Motion Hearing set for 8/27/2015 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 7/20/2015. Replies due by 7/27/2015. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 7/6/2015) |
Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for September 1, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by August 25, 2015. (This is a text only docket entry, there is no document associated with this notice.)(ndr, COURT STAFF) (Filed on 6/25/2015) |
Filing 14 NOTICE of Appearance by Sylvia Jihae Kim (Kim, Sylvia) (Filed on 6/24/2015) |
Filing 13 NOTICE of Appearance by Sabrina Alexis Beldner As Counsel Of Record For Defendants Performance Food Group, Inc. And Vistar Transportation, LLC (Beldner, Sabrina) (Filed on 6/24/2015) |
Filing 12 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 6/24/15. (as, COURT STAFF) (Filed on 6/24/2015) |
Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 6/23/2015) |
Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Performance Food Group, Inc., Vistar Transportation, LLC.. (Kane, Matthew) (Filed on 6/22/2015) |
Filing 9 NOTICE by Jorge Perez Plaintiff Jorge Perez's Notice of Consent to Join FSLA Action (Attachments: #1 Exhibit Exhibit A- Consent Form to Join FLSA Action)(Setareh, Chaim) (Filed on 6/19/2015) |
Filing 8 AMENDED COMPLAINT First Amended Complaint against All Defendants. Filed byJorge Perez. (Setareh, Chaim) (Filed on 6/11/2015) |
Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jorge Perez.. (Setareh, Chaim) (Filed on 6/4/2015) |
Filing 5 STIPULATION to Extend Time to Respond to Initial Complaint by Not More Than 30 Days filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 6/2/2015) |
Filing 4 Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 6/1/2015) |
Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/20/2015. Case Management Conference set for 8/27/2015 10:00 AM. (hdjS, COURT STAFF) (Filed on 5/29/2015) |
Filing 3 NOTICE by Performance Food Group, Inc., Vistar Transportation, LLC of No Related Cases (Kane, Matthew) (Filed on 5/29/2015) |
Filing 2 Certificate of Interested Entities by Performance Food Group, Inc., Vistar Transportation, LLC identifying Corporate Parent PFGC, Inc., Corporate Parent Performance Food Group Company for Performance Food Group, Inc.. (Kane, Matthew) (Filed on 5/29/2015) |
Filing 1 NOTICE OF REMOVAL by Defendants Performance Food Group, Inc. and Vistar Transportation, LLC from Alameda County Superior Court. Their case number is RG15767109. (Filing fee $400 receipt number 0971-9557224). Filed byVistar Transportation, LLC, Performance Food Group, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Plt's Ntc of Complex Determination Hearing and CMC Redacted, #5 Exhibit E - Clerk's Ntc of Complex Designation Hearing and CMC, #6 Exhibit F - Proof of Service, #7 Exhibit G - Amendment to Complaint Redacted, #8 Exhibit H - Rejection Letter Issued on Summons, #9 Exhibit I - Minutes of Hearing Re Complex Designation and CMC, #10 Exhibit J - Order on Complex Designation and CMC, #11 Civil Cover Sheet)(Kane, Matthew) (Filed on 5/29/2015) |
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