Salvador Guerra v. United Natural Foods, Inc. et al
| Salvador Guerra |
| United Natural Foods West, Inc., UNFI, United Natural Foods, Inc. and DOES 1-100, inclusive |
| 5:2019cv01684 |
| April 3, 2019 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Kandis A Westmore |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 2, 2020. A more recent docket listing may be available from PACER.
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Filing 61
ORDER GRANTING #60 STIPULATED REQUEST FOR DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a). Signed by Judge Beth Labson Freeman on 1/2/2020. (blflc2S, COURT STAFF) (Filed on 1/2/2020)
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| Filing 60 STIPULATION Stipulated Request for Order of Dismissal Pursuant to Fed. R. Civ. P. 41(a) filed by Salvador Guerra. (Attachments: #1 Proposed Order)(Aiwazian, Edwin) (Filed on 1/2/2020) |
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Filing 59
ORDER GRANTING #58 JOINT STIPULATION TO CONTINUE PLAINTIFFS DEADLINE TO FILE A SECOND AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 12/10/2019. (blflc2S, COURT STAFF) (Filed on 12/10/2019)
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| Filing 58 STIPULATION WITH PROPOSED ORDER re #57 Order on Motion to Dismiss filed by Salvador Guerra. (Attachments: #1 Proposed Order)(Klein, Jeffrey) (Filed on 12/10/2019) |
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Filing 57
ORDER GRANTING IN PART AND DENYING IN PART #48 DEFENDANTS MOTION TO DISMISS OR STRIKE. Signed by Judge Beth Labson Freeman on 11/8/2019. (blflc2S, COURT STAFF) (Filed on 11/8/2019)
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| Filing 56 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 10/3/2019 re #48 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12; Memorandum of Points and Authorities In Support filed by United Natural Foods West, Inc., United Natural Foods, Inc.A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Total Time in Court: 18 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Cinela Aziz. Defendant Attorney: John Battenfeld. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 10/3/2019) |
| Filing 55 CASE MANAGEMENT STATEMENT filed by Salvador Guerra. (Klein, Jeffrey) (Filed on 9/26/2019) |
| Filing 54 Certificate of Interested Entities by Salvador Guerra (Klein, Jeffrey) (Filed on 9/24/2019) |
| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Fellion, Andrea) (Filed on 9/17/2019) |
| Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Klein, Jeffrey) (Filed on 9/12/2019) |
| Filing 51 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/26/2019. Initial Case Management Conference set for 10/3/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 5/8/2019) |
| Filing 50 REPLY (re #48 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12; Memorandum of Points and Authorities In Support ) filed byUnited Natural Foods West, Inc., United Natural Foods, Inc.. (Baltazar, Ashley) (Filed on 5/8/2019) |
| Filing 49 OPPOSITION/RESPONSE (re #48 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12; Memorandum of Points and Authorities In Support ) filed bySalvador Guerra. (Attachments: #1 Plaintiff's Opposition to Defendants' Request for Judicial Notice in Support of Defendants' Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint)(Capitulo, Marie Cristine) (Filed on 5/1/2019) |
| Filing 48 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12; Memorandum of Points and Authorities In Support filed by United Natural Foods West, Inc., United Natural Foods, Inc.. Motion Hearing set for 10/3/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 5/1/2019. Replies due by 5/8/2019. (Attachments: #1 Proposed Order)(Baltazar, Ashley) (Filed on 4/17/2019) |
| Filing 47 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Case Management Statement due by 8/22/2019. Initial Case Management Conference set for 8/29/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 4/12/2019) |
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Filing 46
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman and for all further proceedings re #45 . Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Jeffrey S. White no longer assigned to case, (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 4/11/2019)
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Filing 45
ORDER GRANTING MOTION TO RELATE CASE. Case is related to Case No. 5:18-cv-04603-BLF. Signed by Judge Beth Labson Freeman on 4/10/2019. (blflc2S, COURT STAFF) (Filed on 4/10/2019)
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Filing 44
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 4/5/19. Joint Case Management Statement due by 7/5/2019. Initial Case Management Conference set for 7/12/2019 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 4/5/2019)
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Filing 43
ORDER REASSIGNING CASE. 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 Kandis A. Westmore no longer assigned to 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 04/05/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 4/5/2019)
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| Filing 42 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. (ivaS, COURTSTAFF) (Filed on 4/4/2019) |
| Filing 41 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Natural Foods West, Inc., United Natural Foods, Inc... (Baltazar, Ashley) (Filed on 4/4/2019) |
| Filing 40 CLERK'S LETTER re case transferred in from Central District of California. (jjbS, COURT STAFF) (Filed on 4/3/2019) |
| Filing 39 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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 7/ 2/2019. Initial Case Management Conference set for 7/9/2019 01:30 PM. (jjbS, COURT STAFF) (Filed on 4/1/2019) |
| Filing 38 Case transferred in from District of California Central; Case Number 5:18-cv-02382. Original file certified copy of transfer order and docket sheet received. Modified on 4/3/2019 (jjbS, COURT STAFF). |
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Filing 37
ORDER DENYING Plaintiff's Motion to Remand and GRANTING Defendants' Motion to Transfer Under the First-to-File Rule (Doc. No. 16; 25). by Judge Virginia A. Phillips: The Court therefore DENIES Plaintiff's Motion to Remand and GRANTS Defendants Motion to Dismiss, Transfer or Stay under the first to file rule. The Court hereby TRANSFERS this case to the Northern District of California. (Electronic docket sheet sent. Electronic documents are available through PACER.) (MD JS-6. Case Terminated.) (bm)
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| Filing 36 NOTICE Notice of Supplemental Authority In Support of Defendants Motion Denying Remand And Granting Transfer filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit A)(Battenfeld, John) |
| Filing 35 MINUTES OF PLAINTIFF'S MOTION TO REMAND; [DOC NO. 16]; DEFENDANT'S MOTION TO DISMISS AND OR STRIKE FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, TO TRANSFER OR STAY ACTION PURSUANT TO THE FIRST-TO-FILE RULE; [DOC NO. 25] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for the parties are present as referenced above. Court Issue's tentative ruling and invites oral argument of Counsel. The Court having heard from counsel, takes the matter under submission. Court will issue final ruling. Court Reporter: Myra Ponce. (bm) |
| Filing 34 (IN CHAMBERS) SCHEDULING NOTICE: COUNSEL OF RECORD ARE HEREBY NOTIFIED, that on the Court's own motion, hearing on Plaintiff's Motion to Remand #16 , and Defendant's Motion to Dismiss and/or Strike First Amended Complaint #25 , set for 1/28/2019 are CONTINUED to 2/4/2019 at 02:00 PM before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 33 SCHEDULING NOTICE (IN CHAMBERS) by Judge Virginia A. Phillips re: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the County of Riverside #16 Motion set for hearing on 1/28/2019 at 02:00 PM before Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 32 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, o #25 Reply To Plaintiff's Opposition To Defendants' Request For Judicial Notice In Support Of Motion To Dismiss And/Or Strike Plaintiff's First Amended Complaint Pursuant To Rule 12 Or, In The Alternative, To Dismiss, Transfer, Or Stay Action Pursuant To The First-To-File Rule filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Battenfeld, John) |
| Filing 31 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, o #25 Reply To Plaintiff's Opposition To Defendants' Motion To Dismiss And/Or Strike Plaintiff's First Amended Complaint Pursuant To Rule 12 Or, In The Alternative To Dismiss, Transfer, Or Stay Action Pursuant To The First-To-File Rule filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc. filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Battenfeld, John) |
| Filing 30 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, o #25 filed by Plaintiff Salvador Guerra. (Attachments: #1 Opposition to Defendant's Request for Judicial Notice)(Parker, Jill) |
| Filing 28 (IN CHAMBERS) SCHEDULING NOTICE: Counsel of record are hereby notified, that on the Court's own motion, hearing on Plaintiff's Motion to Remand Case to Superior Court of the County of Riverside #16 , set for 1/7/2019 is CONTINUED to 1/28/2019 at 09:00 AM before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
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Filing 29
ORDER by Judge Virginia A. Phillips GRANTING Stipulation to Continue Time to Answer the First Amended Complaint, #22 . Defendants deadline to respond to Plaintiffs First Amended Complaint is hereby extended from December 21, 2018 until December 28, 2018. (shb)
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| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, o #25 Defendants' Request for Judicial Notice in Support of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, or Stay Action Pursuant to the First-to-File Rule filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Battenfeld, John) |
| Filing 26 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, o #25 Memorandum of Points and Authorities in Support of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, or Stay Action Pursuant to the First-to-File Rule filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit Exhibit A)(Battenfeld, John) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Defendants' Notice of Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 or, in the alternative, to Dismiss, Transfer, or Stay Action Pursuant to the First-to-FIle Fule filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. Motion set for hearing on 1/28/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendants' Motion to Dismiss/Strike Plaintiff's First Amended Complaint Pursuant to Rule 12 [or, in the alternative] to Dismiss, Transfer, or Stay Action Pursuant to the First-to-FIle Rule) (Battenfeld, John) |
| Filing 24 RESPONSE filed by Plaintiff Salvador Guerrato Request for Judicial Notice #21 (Parker, Jill) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the County of Riverside #16 filed by Plaintiff Salvador Guerra. (Attachments: #1 Declaration of Jill J. Parker)(Parker, Jill) |
| Filing 22 STIPULATION to Continue Deadline to Respond to Plaintiff's First Amended Class Action Complaint from December 21, 2018 to December 28, 2018 filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Amend Defendants' Deadline to Respond to Plaintiff's First Amended Class Action Complaint)(Fellion, Andrea) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the County of Riverside #16 filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Battenfeld, John) |
| Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the County of Riverside #16 filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Declaration of Anne-Marie Mosher in Opposition to Motion to Remand)(Battenfeld, John) |
| Filing 19 FIRST AMENDED COMPLAINT DOES, UNFI, United Natural Foods West, Inc., United Natural Foods, Inc. amending Complaint - (Discovery), filed by Plaintiff Salvador Guerra(Aiwazian, Edwin) |
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Filing 18
ORDER GRANTING STIPULATED MOTION TO AMEND COMPLAINT AND FURTHER CONTINUE DEADLINES FOR DEFENDANTS RESPONSIVE PLEADING by Judge Virginia A. Phillips, re Stipulation #14 : The Court, having considered the Parties' Stipulated Motion to Amend Complaint and Further Continue Deadline for Defendants' Responsive Pleading, and for GOOD CAUSE shown, it is hereby ORDERED that: Plaintiff shall file an Amended Complaint in this action no later than December 7, 2018; Defendants' deadline to respond to Plaintiff's operative pleading with an answer or other responsive pleading is hereby extended from November 29, 2018 until December 21, 2018; Defendants shall notify Plaintiff no later than December 14, 2018 if they intend to move to dismiss Plaintiff's Amended Complaint (bm)
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Filing 17
ORDER by Judge Virginia A. Phillips: granting #15 Non-Resident Attorney Michael J. Puma APPLICATION to Appear Pro Hac Vice on behalf of Defendants United Natural Foods, Inc., United Natural Foods West, Inc., designating John S. Battenfeld as local counsel. (bm)
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| Filing 16 NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the County of Riverside filed by Plaintiff Salvador Guerra. Motion set for hearing on 1/7/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Declaration of Jill J. Parker In Support of Plaintiff's Motion to Remand, #2 Proposed Order) (Attorney Jill Jessica Parker added to party Salvador Guerra(pty:pla)) (Parker, Jill) |
| Filing 15 APPLICATION of Non-Resident Attorney Michael J. Puma to Appear Pro Hac Vice on behalf of Defendants United Natural Foods West, Inc., United Natural Foods, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22805735) filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Proposed Order) (Battenfeld, John) |
| Filing 14 STIPULATION to Amend, STIPULATION to Continue Deadlines for Defendants' Responsive Pleading from November 29, 2018 to December 14, 2018 filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Proposed Order [Proposed] Order Granting Stipulated Motion to Amend Complaint and Further Continue Deadlines for Defendants' Responsive Pleading)(Fellion, Andrea) |
| Filing 13 NOTICE of Pendency of Other Actions filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Battenfeld, John) |
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Filing 12
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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| Filing 11 NOTICE OF CLERICAL ERROR: Due to clerical error, The Notice of Assignment of Eastern Division Removal has been corrected to replace docket entry number #6 filed on 11/9/2018. Please disregard docket entry number 6. (jtil) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to United Natural Foods West, Inc. answer now due 11/29/2018; United Natural Foods, Inc. answer now due 11/29/2018, filed by Defendants United Natural Foods West, Inc.; United Natural Foods, Inc..(Fellion, Andrea) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant United Natural Foods West, Inc., United Natural Foods, Inc., of Notice of Assignment to United States Judges and Standing Order of Judge Virginia A. Phillips served on November 12, 2018. (Fellion, Andrea) |
| Filing 10 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Virginia A. Phillips. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-02382 VAP (SHKx). (jtil) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Shashi H. Kewalramani. (jtil) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc., of Notice of Removal served on November 8, 2018. (Battenfeld, John) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Salvador Guerra in Riverside Superior Court on 9/13/2018, attached as Exhibit A. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc., (Battenfeld, John) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc. (Battenfeld, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendants United Natural Foods West, Inc., United Natural Foods, Inc.. (Battenfeld, John) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior, case number RIC 1818751 Receipt No: 0973-22719419 - Fee: $400, filed by Defendant United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration of Lynn Kassab, #5 of Anne-Marie Mosher) (Attorney John S Battenfeld added to party United Natural Foods West, Inc.(pty:dft), Attorney John S Battenfeld added to party United Natural Foods, Inc.(pty:dft))(Battenfeld, John) |
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