Rubalcaba v. R&L Carriers Shared Services, L.L.C.
| Joseph Rubalcaba |
| R&L Carriers Shared Services, L.L.C. |
| 4:2023cv06581 |
| December 21, 2023 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Haywood S Gilliam |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 42
OPPOSITION/RESPONSE to Defendant R&L Carriers Shared Services, LLC's Motion to Dismiss Amended Complaint and Strike Class Allegations (re #37 MOTION to Dismiss FIRST AMENDED COMPLAINT ) filed by Joseph Rubalcaba. (Attachments: #1 Declaration of Charles T. Sweeny)(Minasyan, Anush) (Filed on 2/15/2024) Modified on 2/16/2024 (jml, COURT STAFF).
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Filing 41
REPLY y in Support of Motion to Remand Pursuant to 28 U.S.C. 1447 (re #33 MOTION to Remand Remand Pursuant to 28 U.S.C. 1447 ) filed by Joseph Rubalcaba. (Minasyan, Anush) (Filed on 2/9/2024) Modified on 2/13/2024 (jml, COURT STAFF).
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Filing 40
OPPOSITION/RESPONSE (re #33 MOTION to Remand) filed by R&L Carriers Shared Services, L.L.C. (Attachments: #1 Exhibit A - Declaration of Loree Fauley, #2 Exhibit B - Declaration of J. Timothy McDonald)(Schreck, Cheryl) (Filed on 2/2/2024) Modified on 2/5/2024 (cjl, COURT STAFF).
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Reset Hearing as to #33 MOTION to Remand , See Docket No. #39 : Motion Hearing set for 3/14/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 2/2/2024)
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Filing 39
NOTICE of Resetting Hearing on Plaintiff Joseph Rubalcabas Motion to Remand Pursuant To 28 U.S.C. 1447 by Joseph Rubalcaba (Sweeny, Charles) (Filed on 2/1/2024) Modified on 2/2/2024 (jml, COURT STAFF).
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Filing 38
Request for Judicial Notice re #37 MOTION to Dismiss FIRST AMENDED COMPLAINT filed byR&L Carriers Shared Services, L.L.C.. (Related document(s) #37 ) (Schreck, Cheryl) (Filed on 2/1/2024)
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Filing 37
MOTION to Dismiss FIRST AMENDED COMPLAINT filed by R&L Carriers Shared Services, L.L.C.. Motion to Dismiss Hearing set for 3/14/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 2/15/2024. Replies due by 2/22/2024. (Attachments: #1 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT)(Schreck, Cheryl) (Filed on 2/1/2024)
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*** #9 MOTION to Dismiss COMPLAINT TERMINATED, RE-FILED AS DOCKET NO. #26 . #26 MOTION to Dismiss COMPLAINT TERMINATED IN LIGHT OF DOCKET NO. #31 , SEE DOCKET NO. #36 .*** (ndr, COURT STAFF) (Filed on 1/25/2024)
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Filing 36
RESPONSE TO 32 ORDER TO SHOW CAUSE by R&L Carriers Shared Services, L.L.C. (Schreck, Cheryl) (Filed on 1/24/2024) Modified on 1/25/2024 (cjl, COURT STAFF).
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Filing 35
Plaintiff Joseph Rubalcabas Response To #26 Defendant R&L Carriers Shared Services, LLCs Motion To Dismiss Complaint filed by Joseph Rubalcaba. (Sweeny, Charles) (Filed on 1/23/2024) Modified on 1/24/2024 (cjl, COURT STAFF).
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Filing 34
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #33 . In the future when e-filing a noticed motion, it is counsel's responsibility to set the motion at the correct court location in ECF (Oakland; Courtroom 2, 4th Floor). Reset Hearing as to #33 MOTION to Remand : Motion Hearing set for 2/29/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.), (ndr, COURT STAFF) (Filed on 1/22/2024)
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Filing 33
MOTION to Remand Pursuant to 28 U.S.C. 1447 filed by Joseph Rubalcaba. Motion Hearing set for 2/29/2024 02:00 PM in San Jose, Courtroom 2, 5th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/2/2024. Replies due by 2/9/2024. (Attachments: #1 Proposed Order Granting Plaintiff Joseph Rubalcaba's Motion to Remand Pursuant to 28 U.S.C. 1447)(Sweeny, Charles) (Filed on 1/19/2024) Modified on 1/19/2024 (jml, COURT STAFF).
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Filing 32
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Defendant TO SHOW CAUSE why Dkt. No. #26 the motion to dismiss should not be terminated as moot in light of Dkt. No. #31 Plaintiff's amended complaint. Defendant shall file a statement of two pages or less by January 26, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 1/19/2024)
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Filing 31
First Amended Class Action Complaint for Damages against R&L Carriers Shared Services, L.L.C.. Filed by Joseph Rubalcaba. (Sweeny, Charles) (Filed on 1/18/2024) Modified on 1/18/2024 (jml, COURT STAFF).
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Reset Hearing as to #26 MOTION to Dismiss COMPLAINT, See Docket No. #30 : Motion Hearing set for 4/18/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 1/16/2024)
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Filing 30
Renotice motion hearing re #26 MOTION to Dismiss COMPLAINT to April 18, 2024, filed byR&L Carriers Shared Services, L.L.C.. (Related document(s) #26 ) (Schreck, Cheryl) (Filed on 1/12/2024)
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Filing 29
ORDER by Judge Haywood S. Gilliam, Jr. Granting #21 Motion for Pro Hac Vice for White, Anthony. (ndr, COURT STAFF) (Filed on 1/11/2024)
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Filing 28
CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the [ 26] motion to dismiss. Hearing date of February 15, 2024, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. February 15, 2024 was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/10/2024)
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Filing 27
Request for Judicial Notice re #26 MOTION to Dismiss COMPLAINT filed byR&L Carriers Shared Services, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #26 ) (Schreck, Cheryl) (Filed on 1/9/2024)
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Filing 26
MOTION to Dismiss COMPLAINT filed by R&L Carriers Shared Services, L.L.C.. Motion to Dismiss Hearing set for 2/15/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 1/23/2024. Replies due by 1/30/2024. (Attachments: #1 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS COMPLAINT)(Schreck, Cheryl) (Filed on 1/9/2024)
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Filing 25
CLERK'S NOTICE TO COUNSEL. All future filings should reflect the case number as 4:23-cv-06581-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/8/2024)
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Filing 24
ORDER by Judge Haywood S. Gilliam, Jr. Granting #23 Motion for Pro Hac Vice for McDonald, John.***Docket No. #18 Terminated, Re-filed as Docket No. #23 .*** (ndr, COURT STAFF) (Filed on 1/8/2024)
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Filing 23
MOTION for leave to appear in Pro Hac Vice Revised ( Filing fee $ 328, receipt number ACANDC-18989963.) Filing fee previously paid on 01/04/2024 filed by R&L Carriers Shared Services, L.L.C.. (Attachments: #1 Certificate of Good Standing)(McDonald, John) (Filed on 1/5/2024)
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Filing 22
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #18 . Your name on the application does not match the name listed on the docket. Either update your name on the docket or e-file a revised application (with attachments) with the name correctly reflected on it. The font for the addresses should also be changed so that everything is visible including the city, state and zip code. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/5/2024)
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Filing 21
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18991220.) filed by R&L Carriers Shared Services, L.L.C.. (Attachments: #1 Certificate of Good Standing)(White, Anthony) (Filed on 1/4/2024)
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Filing 20
CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for March 26, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by March 19th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-06581-HSG. The March 26, 2023 proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 1/4/2024)
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Charles R. Breyer no longer assigned to case. Signed by Clerk on 01/04/2024. (mbc, COURT STAFF) (Filed on 1/4/2024)
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Filing 18
***Re-filed as Docket No. #23 .*** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18989963.) filed by R&L Carriers Shared Services, L.L.C.. (Attachments: #1 Certificate of Good Standing)(McDonald, John) (Filed on 1/4/2024) Modified on 1/8/2024 (ndr, COURT STAFF).
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Filing 17
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 1/4/2024. (ls, COURT STAFF) (Filed on 1/4/2024)
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no loner assigned to case. Reassignment Order signed by Clerk on 1/3/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 1/3/2024)
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Filing 15
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 1/3/2024)
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Filing 14
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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 1/3/2024)
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Filing 13
NOTICE of Appearance by Anush Minasyan Appearance of Counsel (Minasyan, Anush) (Filed on 1/3/2024)
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Filing 12
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by R&L Carriers Shared Services, L.L.C... (Schreck, Cheryl) (Filed on 1/3/2024)
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Filing 11
CLERK'S NOTICE RE: Consent or Declination. All parties are requested to 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. Consent/Declination due by 1/4/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/28/2023)
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Filing 10
Request for Judicial Notice re #9 MOTION to Dismiss COMPLAINT filed byR&L Carriers Shared Services, L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #9 ) (Schreck, Cheryl) (Filed on 12/28/2023)
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Filing 9
MOTION to Dismiss COMPLAINT filed by R&L Carriers Shared Services, L.L.C.. Motion to Dismiss Hearing set for 2/7/2024 11:00 AM in San Jose, Courtroom 5, 4th Floor. Responses due by 1/11/2024. Replies due by 1/18/2024. (Attachments: #1 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS COMPLAINT)(Schreck, Cheryl) (Filed on 12/28/2023)
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Filing 8
NOTICE of Appearance by Charles Thomas Sweeny (Sweeny, Charles) (Filed on 12/26/2023) Modified on 12/26/2023 (jml, COURT STAFF).
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Filing 7
NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL LOCAL RULE 3-13 by R&L Carriers Shared Services, L.L.C. (Schreck, Cheryl) (Filed on 12/26/2023) Modified on 12/26/2023 (jml, COURT STAFF).
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 3/13/2024. Initial Case Management Conference set for 3/20/2024 10:00 AM in San Jose, Courtroom 5, 4th Floor. (jml, COURT STAFF) (Filed on 12/22/2023)
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Filing 5
Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/5/2024. (cjl, COURT STAFF) (Filed on 12/22/2023)
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#Electronic filing error. Incorrect event used. [err101] The event used is only for Patent cases. This filing will not be processed by the clerks office. You may re-file using the event Notice. Re: #3 Notice of Pendency of Other Action Involving Same Patent filed by R&L Carriers Shared Services, L.L.C. (jml, COURT STAFF) (Filed on 12/22/2023)
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Filing 4
Certificate of Interested Entities by R&L Carriers Shared Services, L.L.C. identifying Other Affiliate R+L Carriers, Inc., Other Affiliate Gator Freightways, Inc., Other Affiliate Greenwood Motor Lines, Inc., Other Affiliate R.L.R. Investments, LLC, Other Affiliate R&L Transfer, Inc. (Shareholder), Other Affiliate R+L Paramount Transportation Systems, Inc. for. (Schreck, Cheryl) (Filed on 12/21/2023)
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Filing 3
NOTICE of Pendency of Other Action Involving Same Patent by R&L Carriers Shared Services, L.L.C. (Schreck, Cheryl) (Filed on 12/21/2023)
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Filing 2
NOTICE OF RELATED CASES IN SUPPORT OF ITS NOTICE OF REMOVAL PURSUANT TO CIVIL LOCAL RULE 3-12 by R&L Carriers Shared Services, L.L.C. (Schreck, Cheryl) (Filed on 12/21/2023) Modified on 12/22/2023 (jml, COURT STAFF).
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Filing 1
NOTICE OF REMOVAL from SANTA CLARA. Their case number is 2023CV423930. (Filing fee $405 receipt number ACANDC-18964637). Filed by R&L Carriers Shared Services, L.L.C.. (Attachments: #1 Exhibit Declaration of J. Timothy McDonald, #2 Exhibit Declaration of Daniel J. Brake, #3 Exhibit Declaration of Cheryl L. Schreck, #4 Civil Cover Sheet)(Schreck, Cheryl) (Filed on 12/21/2023)
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