Blanco v. Old Dominion Freight Line, Inc.

Plaintiff: Blanco and Issac Blanco
Defendant: Old Dominion Freight Line, Inc.
Case Number: 3:2016cv04140
Filed: July 22, 2016
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Alameda
Presiding Judge: James Donato
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 28, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2017 Filing 57 ORDER. In light of the parties' representation that all of Blanco's claims are released by the settlement agreement in Rodriguez v. Old Dominion Freight Line, Inc., Dkt. No. #56 , the case is dismissed with prejudice. Signed by Judge James Donato on 11/27/17. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/28/2017)
November 24, 2017 Filing 56 Statement re #55 Motion Hearing, Case Stayed JOINT STATEMENT RE: SETTLEMENT AGREEMENT AND RELEASE IN RODRIGUEZ v. OLD DOMINION FREIGHT LINE, INC. PURSUANT TO NOVEMBER 13, 2017 ORDER [DKT. #55] by Old Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 11/24/2017)
November 13, 2017 Filing 55 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 11/9/2017. (jdlc1S, COURT STAFF) (Date Filed: 11/13/2017)
November 3, 2017 Filing 54 REPLY (re #44 MOTION to Dismiss ) Revised Reply in support of Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 11/3/2017)
November 1, 2017 Filing 53 OPPOSITION/RESPONSE (re #44 MOTION to Dismiss ) filed byIssac Blanco. (Attachments: #1 Exhibit, #2 PROOF OF SERVICE)(Roberts, Tony) (Filed on 11/1/2017)
October 30, 2017 Filing 52 ORDER. Plaintiff's opposition to the motion to dismiss exceeds the page limits allowed in the Court's standing order. It is stricken, and Blanco may file a revised brief no later than November 1, 2017 at 12:00 p.m. Old Dominion may file an amended reply by November 3, 2017 at 12:00 p.m. Signed by Judge James Donato on 10/30/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/30/2017)
October 26, 2017 Filing 51 ORDER. The parties are advised that the Court will rule from the bench on the pending motion to transfer, Dkt. No. #43 , at the November 9, 2017 hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/26/2017)
October 23, 2017 Filing 50 REPLY (re #44 MOTION to Dismiss ) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 10/23/2017)
October 19, 2017 Filing 49 REPLY (re #43 MOTION to Transfer Case Pursuant to 28 USC 1404 ) filed byOld Dominion Freight Line, Inc.. (Attachments: #1 Declaration of Molina)(Kane, Matthew) (Filed on 10/19/2017)
October 17, 2017 Filing 48 ORDER VACATING HEARING. The Court finds #43 MOTION to Transfer Case to be suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for 11/2/17 is vacated, and the Court will issue a decision on the papers. Signed by Judge James Donato on 10/17/17. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/17/2017)
October 16, 2017 Filing 47 OPPOSITION/RESPONSE (re #44 MOTION to Dismiss ) PLAINTIFF ISSAC BLANCOS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed byIssac Blanco. (Attachments: #1 Proof Of Service)(Roberts, Tony) (Filed on 10/16/2017)
October 12, 2017 Filing 46 OPPOSITION/RESPONSE (re #43 MOTION to Transfer Case Pursuant to 28 USC 1404 ) PLAINTIFF ISSAC BLANCOS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER ACTION PURSUANT TO 28 U.S.C. 1404 filed byIssac Blanco. (Attachments: #1 Proof Of Service)(Turley, William) (Filed on 10/12/2017)
October 12, 2017 Filing 45 NOTICE of Appearance by Tony Roberts (Roberts, Tony) (Filed on 10/12/2017)
October 2, 2017 Filing 44 MOTION to Dismiss filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 11/9/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/16/2017. Replies due by 10/23/2017. (Attachments: #1 Proposed Order Granting Defendant Old Dominion Freight Line, Inc.s Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to FRCP 12(b)(6))(Kane, Matthew) (Filed on 10/2/2017)
September 28, 2017 Filing 43 MOTION to Transfer Case Pursuant to 28 USC 1404 filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: #1 Declaration of Laura Williams, #2 Declaration of Jarrod Salinas, #3 Proposed Order Granting Defendant Old Dominion Freight Line, Inc.s Motion to Transfer Action Pursuant to 28 USC 1404)(Kane, Matthew) (Filed on 9/28/2017)
September 15, 2017 Filing 42 AMENDED COMPLAINT against All Defendants. Filed byIssac Blanco. (Attachments: #1 Proof Of Service)(Serb, Jamie) (Filed on 9/15/2017)
August 17, 2017 Set Deadlines/Hearings: Close of Expert Discovery due by 1/18/2019. Close of Fact Discovery due by 10/5/2018. Designation of Experts due by 11/2/2018. Dispositive Motion due by 2/1/2019. Rebuttal Reports due by 12/3/2018. (lrcS, COURT STAFF) (Filed on 8/17/2017)
August 17, 2017 Filing 41 CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge James Donato on 8/17/2017. (jdlc1S, COURT STAFF) (Filed on 8/17/2017)
August 16, 2017 Filing 40 Minute Entry for proceedings held before Hon. James Donato: Motion Hearing held on 8/16/2017 granting #10 Motion to Dismiss; denying #11 Motion to Strike. (jdlc1S, COURT STAFF) (Date Filed: 8/16/2017)
August 8, 2017 Filing 39 AMENDED DOCUMENT by Old Dominion Freight Line, Inc.. Amendment to 38 Order, Joint Proposed Amended Scheduling / Case Management Order. (Kane, Matthew) (Filed on 8/8/2017)
June 9, 2017 Set/Reset Deadlines as to #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), #11 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f). Motion Hearing set for 8/16/2017 10:30 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 6/9/2017)
June 9, 2017 Filing 38 ORDER re #11 MOTION to Strike and #10 MOTION to Dismiss filed by Old Dominion Freight Line, Inc. The Court sets a hearing for August 16, 2017 at 10:30 a.m. The Court has a few questions for the parties and will rule from the bench on the pending motions. The parties are directed to file by August 8, 2017 a joint case management order proposing new dates for trial and all remaining pretrial events. (Donato, James) (Filed on 6/9/2017)
May 3, 2017 Filing 37 NOTICE by Old Dominion Freight Line, Inc. re #17 Reply to Opposition/Response, #16 Reply to Opposition/Response of Fourth Notice of New Decisional Authority in Further Support of Motion to Dismiss Plaintiffs Complaint Pursuant to FRCP 12(b)(6) and Motion to Strike Pursuant to FRCP 12(f) (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Matthew) (Filed on 5/3/2017)
April 11, 2017 Filing 36 NOTICE by Old Dominion Freight Line, Inc. re #17 Reply to Opposition/Response, #16 Reply to Opposition/Response of Third Notice of New Decisional Authorities in Further Support of Defendants Pending Motion to Dismiss Pursuant to FRCP 12(b)(6) and Motion to Strike Pursuant to FRCP 12(f) (Attachments: #1 Exhibit A)(Kane, Matthew) (Filed on 4/11/2017)
March 27, 2017 Filing 35 NOTICE by Old Dominion Freight Line, Inc. re #17 Reply to Opposition/Response, #16 Reply to Opposition/Response of New Decisional Authorities in Further Support of Motion to Dismiss Pursuant to FRPC 12(b)(6) and Motion to Strike Pursuant to FRPC 12(f) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kane, Matthew) (Filed on 3/27/2017)
January 10, 2017 Filing 34 NOTICE of Appearance by Katharine McCall (McCall, Katharine) (Filed on 1/10/2017)
November 29, 2016 Filing 33 CASE MANAGEMENT SCHEDULING ORDER: Amended Pleadings due by 1/6/2017. Close of Expert Discovery due by 10/20/2017. Close of Fact Discovery due by 8/4/2017. Designation of Experts due by 9/8/2017. Dispositive Motion due by 11/9/2017. Rebuttal Reports due by 9/29/2017. Jury Selection set for 2/26/2018 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Jury Trial set for 2/26/2018 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Pretrial Conference set for 2/15/2018 01:30 PM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato.. Signed by Judge James Donato on 11/28/16. (lrcS, COURT STAFF) (Filed on 11/29/2016)
November 15, 2016 Filing 32 ORDER. The Court finds defendant's motion to dismiss, Dkt. No. 10, and motion to strike, Dkt. No. 11, suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). All hearings that were set for November 17, 2016, are vacated, and the Court will issue a decision on the papers. A scheduling order will issue. Signed by Judge James Donato on November 15, 2016. (This is a text-only entry. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 11/15/2016)
November 14, 2016 CASE REFERRED to Private ADR. (lrcS, COURT STAFF) (Filed on 11/14/2016)
November 14, 2016 Filing 31 Order granting Stipulation Selecting ADR process, Dkt. No. 23. Signed by Judge James Donato on 11/14/2016. (This is a text-only entry. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 11/14/2016)
November 14, 2016 ORDER. The case management conference set for November 17, 2016, at 1:30 pm, will instead be held immediately after the motion hearing set for November 17, 2016, at 10:00 am. Signed by Judge James Donato on 11/14/2016. (This is a text-only entry. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 11/14/2016)
November 14, 2016 Motions terminated: #19 MOTION to Appear by Telephone at September 29, 2016 Hearing Re: Defendant's Motion to Dismiss Complaint [Dkt. #10] and Motion to Strike Complaint [Dkt. #11] filed by Old Dominion Freight Line, Inc., #18 MOTION to Appear by Telephone filed by Issac Blanco. Signed by Judge James Donato on 11/14/2016. (jdlc3S, COURT STAFF) (Filed on 11/14/2016)
November 8, 2016 Filing 30 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d in Further Support of Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Motion to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f) filed byOld Dominion Freight Line, Inc.. (Related document(s) #11 , #10 , #17 , #16 ) (Kane, Matthew) (Filed on 11/8/2016)
November 1, 2016 Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kane, Matthew) (Filed on 11/1/2016)
October 27, 2016 Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Serb, Jamie) (Filed on 10/27/2016)
October 24, 2016 Filing 27 ORDER. Pursuant to the parties' stipulation, the case management conference that was set for October 27, 2016 is continued to November 17, 2016, at 1:30 p.m. Signed by Judge James Donato on 10/24/2016. (This is a text-only entry. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 10/24/2016)
October 21, 2016 Filing 26 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Issac Blanco. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Turley, William) (Filed on 10/21/2016)
October 18, 2016 Filing 25 CASE MANAGEMENT STATEMENT (Joint) filed by Issac Blanco. (Attachments: #1 Certificate/Proof of Service)(Turley, William) (Filed on 10/18/2016)
October 18, 2016 Filing 24 Certificate of Interested Entities by Issac Blanco (Attachments: #1 Certificate/Proof of Service)(Turley, William) (Filed on 10/18/2016)
October 18, 2016 Filing 23 STIPULATION WITH PROPOSED ORDER Selecting ADR Process filed by Issac Blanco. (Attachments: #1 Certificate/Proof of Service)(Turley, William) (Filed on 10/18/2016)
October 13, 2016 Filing 22 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 10/13/2016)
September 30, 2016 Filing 21 NOTICE by Old Dominion Freight Line, Inc. re 20 Order Setting Hearing on Motion,, of Lodging of Plaintiffs Complaint in Response to September 26, 2016 Order Directing Defendant to File Legibile Copy of Complaint (Kane, Matthew) (Filed on 9/30/2016)
September 26, 2016 Filing 20 ORDER. The motion hearing that was set for September 29, 2016, is continued to November 17, 2016, at 10:00 a.m. Telephonic appearances will not be permitted. The Court notes that the only copy of the complaint available on the electronic docket is largely illegible. As the removing party, defendant is directed to e-file a legible copy of plaintiff's complaint with the Court by Friday, September 30, 2016. Signed by Judge James Donato on 9/29/2016. (This is a text-only entry. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 9/26/2016)
September 26, 2016 Filing 19 MOTION to Appear by Telephone at September 29, 2016 Hearing Re: Defendant's Motion to Dismiss Complaint [Dkt. #10] and Motion to Strike Complaint [Dkt. #11] filed by Old Dominion Freight Line, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 9/26/2016)
September 26, 2016 Filing 18 MOTION to Appear by Telephone filed by Issac Blanco. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Serb, Jamie) (Filed on 9/26/2016)
August 19, 2016 Filing 17 REPLY (re #11 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f) ) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 8/19/2016)
August 19, 2016 Filing 16 REPLY (re #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byOld Dominion Freight Line, Inc.. (Kane, Matthew) (Filed on 8/19/2016)
August 12, 2016 Filing 15 RESPONSE (re #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) Plaintiff Issac Blanco's Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint filed byIssac Blanco. (Attachments: #1 Certificate/Proof of Service)(Turley, William) (Filed on 8/12/2016)
August 12, 2016 Filing 14 RESPONSE (re #11 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f) ) Plaintiff Issac Blanco's Opposition to Defendant's Motion to Strike Plaintiff's Complaint filed byIssac Blanco. (Attachments: #1 Certificate/Proof of Service)(Turley, William) (Filed on 8/12/2016)
August 5, 2016 Filing 13 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/27/2016 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 10/20/2016.. Signed by Judge James Donato on 8/5/16. (lrcS, COURT STAFF) (Filed on 8/5/2016)
August 5, 2016 Filing 12 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #11 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f), #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Motion Hearing set for 9/29/2016 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 8/5/2016)
July 29, 2016 Filing 11 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(f) filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 9/28/2016 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 8/12/2016. Replies due by 8/19/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 7/29/2016)
July 29, 2016 Filing 10 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Old Dominion Freight Line, Inc.. Motion Hearing set for 9/28/2016 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 8/12/2016. Replies due by 8/19/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 7/29/2016)
July 29, 2016 Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on July 29, 2016. (cjlS, COURT STAFF) (Filed on 7/29/2016)
July 29, 2016 Filing 8 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. (sisS, COURT STAFF) (Filed on 7/29/2016)
July 28, 2016 Filing 7 NOTICE of Appearance by Sabrina Alexis Beldner (Beldner, Sabrina) (Filed on 7/28/2016)
July 28, 2016 Filing 6 NOTICE of Appearance by Sylvia Jihae Kim (Kim, Sylvia) (Filed on 7/28/2016)
July 28, 2016 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Old Dominion Freight Line, Inc... (Kane, Matthew) (Filed on 7/28/2016)
July 25, 2016 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/18/2016. Case Management Conference set for 10/25/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 7/25/2016)
July 22, 2016 Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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. (sv, COURT STAFF) (Filed on 7/22/2016)
July 22, 2016 Filing 2 Certificate of Interested Entities by Old Dominion Freight Line, Inc. re #1 Notice of Removal, (Kane, Matthew) (Filed on 7/22/2016)
July 22, 2016 Filing 1 CLASS ACTION NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG16819118. (Filing fee $400 receipt number 0971-10630208). Filed by Old Dominion Freight Line, Inc. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - ADR Info Package, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(Kane, Matthew) (Filed on 7/22/2016) Modified on 7/25/2016 (cjlS, COURT STAFF).

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Plaintiff: Blanco
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Plaintiff: Issac Blanco
Represented By: William David Turley
Represented By: Jamie Kathryn Serb
Represented By: Katharine McCall
Represented By: David Thomas Mara
Represented By: Tony Roberts
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Defendant: Old Dominion Freight Line, Inc.
Represented By: Sabrina Alexis Beldner
Represented By: Matthew C. Kane
Represented By: Sylvia Jihae Kim
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