Scott v. Tesoro Refining & Marketing Co., LLC et al
| Walter Scott |
| Andeavor LLC and Tesoro Refining & Marketing Co., LLC |
| Henner Tank Lines, Inc. |
| 4:2020cv04875 |
| July 21, 2020 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Jeffrey S White |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 CERTIFICATE OF SERVICE by Tesoro Refining & Marketing Co., LLC re #40 Summons Issued, #37 Answer to Complaint, Third Party Complaint, Crossclaim (Hurwitz, Daniel) (Filed on 9/14/2020) |
| Filing 40 Summons on a Third Party Complaint Issued as to Henner Tank Lines, Inc. (cjlS, COURT STAFF) (Filed on 9/4/2020) |
| Filing 39 FIRST AMENDED COMPLAINT against All Defendants. Filed by Walter Scott. (Pigg, Ryan) (Filed on 9/3/2020) Modified on 9/4/2020 (cjlS, COURT STAFF). |
| Filing 38 Proposed Summons. (Hurwitz, Daniel) (Filed on 9/3/2020) |
| Filing 37 ANSWER to First Amended Complaint, and CROSSCLAIM against Henner Tank Lines, Inc. by Tesoro Refining & Marketing Co., LLC. (Hurwitz, Daniel) (Filed on 9/3/2020) Modified on 9/4/2020 (cjlS, COURT STAFF). |
Filing 36
ORDER by Judge Jeffrey S. White granting #34 Motion for Leave to File First Amended Complaint. (jjoS, COURT STAFF) (Filed on 9/3/2020)
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| Filing 35 Proposed Order re #34 First MOTION for Leave to File First Amended Complaint by Walter Scott. (Pigg, Ryan) (Filed on 9/1/2020) |
| Filing 34 First MOTION for Leave to File First Amended Complaint filed by Walter Scott. (Attachments: #1 Exhibit Plaintiff's First Amended Complaint)(Pigg, Ryan) (Filed on 8/26/2020) |
| Filing 33 NOTICE OF WITHDRAWAL OF #19 and #26 MOTION TO DISMISS OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F)). (Hurwitz, Daniel) (Filed on 8/17/2020) Modified on 8/17/2020 (cjlS, COURT STAFF). |
| Filing 32 MOTION for Leave to File Plaintiff's First Amended Petition filed by Walter Scott. (Attachments: #1 Exhibit Plaintiff's First Amended Petition)(Pigg, Ryan) (Filed on 8/14/2020) |
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Filing 31
ORDER by Judge Jeffrey S. White granting #30 Motion for Pro Hac Vice for Bernardino Agosto III. (jjoS, COURT STAFF) (Filed on 8/11/2020)
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| Filing 30 MOTION for leave to appear in Pro Hac Vice for Bernardino Agosto III (Filing fee $ 310, receipt number 0971-14800810) filed by Walter Scott. (Attachments: #1 Certificate/Proof of Service)(Pigg, Ryan) (Filed on 8/11/2020) Modified on 8/12/2020 (cjlS, COURT STAFF). |
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Filing 29
ORDER by Judge Jeffrey S. White granting #27 Motion for Pro Hac Vice re Ryan S. Pigg. (jjoS, COURT STAFF) (Filed on 8/11/2020)
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| Filing 28 NOTICE of Appearance by Adante Pointer (Pointer, Adante) (Filed on 8/11/2020) |
| Filing 27 MOTION for leave to appear in Pro Hac Vice Re: Ryan S. Pigg (Filing fee $ 310, receipt number 0971-14800194) filed by Walter Scott. (Attachments: #1 Certificate of Good Standing)(Pigg, Ryan) (Filed on 8/11/2020) Modified on 8/12/2020 (cjlS, COURT STAFF). |
| Filing 26 Further Amended #19 MOTION to Dismiss OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F) filed by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. Motion Hearing set for 10/2/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 8/20/2020. Replies due by 8/27/2020. (Hurwitz, Daniel) (Filed on 8/6/2020) Modified on 8/7/2020 (cjlS, COURT STAFF). |
| Set/Reset Deadlines as to #19 MOTION to Dismiss OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F)). Responses remain due by 8/17/2020. Replies remain due by 8/24/2020. (jjoS, COURT STAFF) (Filed on 8/6/2020) |
| Set/Reset Deadlines as to #19 MOTION to Dismiss OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F)). Motion Hearing set for 10/2/2020 09:00 AM before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 8/6/2020) |
| Filing 25 Certificate of Interested Entities by Andeavor LLC, Tesoro Refining & Marketing Co., LLC identifying Corporate Parent MARATHON PETROLEUM CORPORATION, Corporate Parent Western Refining Southwest, Inc. for Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Hurwitz, Daniel) (Filed on 8/5/2020) |
| Filing 24 COUNSEL HAS BEEN DIRECTED TO RE-NOTICE THIS MOTION TO AN OPEN AND AVAILABLE DATE:Renotice motion hearing re #19 MOTION to Dismiss OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F)) AMENDED NOTICE OF MOTION AND MOTION TO DISMISS filed byAndeavor LLC, Tesoro Refining & Marketing Co., LLC. (Related document(s) #19 ) (Hurwitz, Daniel) (Filed on 8/5/2020) Modified on 8/6/2020 (jjoS, COURT STAFF). |
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Filing 23
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 8/5/20. Joint Case Management Statement due by 10/9/2020. Initial Case Management Conference set for 10/16/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 8/5/2020)
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Filing 22
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 8/4/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/4/2020)
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| Filing 21 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 8/4/2020) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andeavor LLC, Tesoro Refining & Marketing Co., LLC.. (Hurwitz, Daniel) (Filed on 8/3/2020) |
| Filing 19 MOTION to Dismiss OR, IN THE ALTERNATIVE, STRIKE PORTIONS OF PLAINTIFFS PETITION (FED. R. CIV. P. 12(B)(6) AND 12(F)) filed by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. Motion Hearing set for 9/11/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 8/17/2020. Replies due by 8/24/2020. (Attachments: #1 Memorandum of Points and Authoritiesto Motion to Strike, #2 Proposed Order)(Hurwitz, Daniel) (Filed on 8/3/2020) |
| Filing 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 8/5/2020. (klhS, COURT STAFF) (Filed on 7/22/2020) |
| Filing 17 Case transferred in from District of Texas Western; Case Number 5:20-cv-00731. Original file certified copy of transfer order and docket sheet received. |
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Filing 16
ORDER DENYING #8 Motion to Dismiss for Lack of Jurisdiction ; GRANTING #12 Motion Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 15 REPLY to Response to Motion, filed by Andeavor LLC, Tesoro Refining & Marketing Co., LLC, re #12 MOTION filed by Plaintiff Walter Scott, #8 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, Motion to Transfer Venue filed by Defendant Tesoro Refining & Marketing Co., LLC, Defendant Andeavor LLC (Montgomery, Joel) |
| Notice of Correction:***NOTIFIED COUNSEL THAAT THE ENTRY WAS EDITED TO REFLECT AS A MOTION*** re #12 MOTION. (mgr) |
| Filing 14 ATTACHMENT Proposed Order to #12 Response to Motion,, by Walter Scott. (Pigg, Ryan) |
| Filing 13 DEFICIENCY NOTICE: ATTORNEYS LISTED ON RESPONSE FILED ARE NOT ADMITTED NOR GRANTED PRO HAC VICE. THE ATTORNEY WHO FILED DOCUMENT IS NOT LISTED AS ATTORNEY OF RECORD FOR PLAINTIFFDOCUMENT WAS ALSO FILED AS A RESPONSE TO A MOTION HOWEVER TITLED AS A MOTION ANDMISSING PROPOSED ORDER FOR THAT MOTION re #12 Response to Motion,, (mgr) |
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Text Order GRANTING #10 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkd)
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Text Order GRANTING #11 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkd)
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| Filing 12 ***DOCUMENT DEFICIENT -ATTORNEYS WHO SIGNED ARE NOT ADMITTED -ATTORNEY WHO FILED DOCUMENT NOT LISTED AS ATTORNEY ON RECORD FOR PLAINTIFF--DOCUMENT WAS ALSO FILED AS A RESPONSE HOWEVER TITLED AS A MOTION AND MISSING PROPOSED ORDER***RESPONSE to Motion, filed by Walter Scott, re #8 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, Motion to Transfer Venue filed by Defendant Tesoro Refining & Marketing Co., LLC, Defendant Andeavor LLC (Willars, Ruth) Modified on 7/14/2020 (mgr). Modified on 7/15/2020 (mgr). |
| Filing 11 MOTION to Appear Pro Hac Vice for Ryan S. Pigg by Walter Scott. (mgr) |
| Filing 10 MOTION to Appear Pro Hac Vice for Bernardino Agosto III by Walter Scott. (mgr) |
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Filing 9
ORDER AND ADVISORY ( Scheduling Recommendations/Proposed Scheduling Order due by 7/30/2020,). Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 8 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, Motion to Transfer Venue by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Montgomery, Joel) |
| Filing 7 Amended NOTICE of Removal by Andeavor LLC, Tesoro Refining & Marketing Co., LLC re #1 Notice of Removal, , filed by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Montgomery, Joel) |
| Filing 6 MOTION to Appear Pro Hac Vice by Joel Zane Montgomery Z. Alex Rodriguez ( Filing fee $ 100 receipt number 0542-13702475) by on behalf of Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Attachments: #1 Proposed Order)(Montgomery, Joel) |
| Filing 5 MOTION to Appear Pro Hac Vice by Joel Zane Montgomery Jonathan B. Smith ( Filing fee $ 100 receipt number 0542-13702455) by on behalf of Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Attachments: #1 Proposed Order)(Montgomery, Joel) |
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Text Order GRANTING #5 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkd)
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkd)
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| Filing 4 Letter sent to attorneys: Anthony G. Buzbee, Ryan S. Pigg, and Ben Agosto, III. regarding admission into the Western District of Texas (bc) |
| Filing 3 Letter sent to attorneys: Jonathan B. Smith and Z. Alex Rodriguez regarding admission into the Western District of Texas (bc) |
| Filing 2 JS44 (Civil Cover Sheet) submitted by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Montgomery, Joel) |
| Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (bc) |
| Filing 1 NOTICE OF REMOVAL by Andeavor LLC, Tesoro Refining & Marketing Co., LLC (Filing fee $400 receipt number 0542-13686300), filed by Andeavor LLC, Tesoro Refining & Marketing Co., LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Montgomery, Joel) |
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