Cota v. Fresenius USA, Inc. et al
| Sergio Cota |
| Fresenius USA Manufacturing, Inc., DOES 1 through 100 and Fresenius USA, Inc. |
| 3:2018cv01163 |
| June 4, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Larry Alan Burns |
| Andrew G Schopler |
| Labor: Other |
| 28 U.S.C. § 1332 lr Diversity - Labor |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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Filing 45
USCA Time Schedule Order as to #43 Notice of Appeal to the 9th Circuit filed by Sergio Cota. (akr)
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Filing 44
USCA Case Number 22-55303 for #43 Notice of Appeal to the 9th Circuit filed by Sergio Cota. (akr)
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Filing 43
NOTICE OF APPEAL to the 9th Circuit by Sergio Cota as to #41 Order, #42 Clerk's Judgment. (Filing fee $ 505 receipt number ACASDC-16680605.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Campbell, Thomas). (Modified on 3/24/2022: Added link to Judgment and Order.) (akr).
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Filing 42
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: Defendants Motion for Summary Judgment is GRANTED. The Court enters judgment in Defendants favor.(jms)
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Filing 41
ORDER granting #36 Motion for Summary Judgment. Signed by Judge Larry Alan Burns on 3/14/2022. (jms)
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Filing 40
MINUTE ORDER. Currently on calendar for Monday, May 17, 2021 at 11:30 a.m. is a hearing on Defendant Fresenius USA Manufacturing, Inc.s Motion for Summary Judgment. (Dkt. 36.) The Court has reviewed the briefing and finds that Motion suitable for decision without oral argument. The hearing is VACATED. The Court will not require appearances in this matter on May 17, 2021.
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Filing 39
REPLY to Response to Motion re #36 MOTION for Summary Judgment Defendants Reply in Support of Motion for Summary Judgment, or in the Alternative, for Summary Adjudication of Claims filed by Fresenius USA Manufacturing, Inc.. (Stern, David) (jmr).
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Filing 38
AFFIDAVIT in Opposition re #36 MOTION for Summary Judgment , #25 MOTION for Summary Judgment Or In the Alternative, For Summary Adjudication of Claims MOTION for Summary Adjudication filed by Sergio Cota. (Campbell, Thomas) (jmo).
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Filing 37
RESPONSE in Opposition re #36 MOTION for Summary Judgment , #25 MOTION for Summary Judgment Or In the Alternative, For Summary Adjudication of Claims MOTION for Summary Adjudication filed by Sergio Cota. (Campbell, Thomas) (jmo).
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Filing 36
MOTION for Summary Judgment by Fresenius USA Manufacturing, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Summary Judgment, or in the Alternative, for Summary Adjudication of Claims, #2 Request for Judicial Notice in Support of Defendant Fresenius USA Manufacturing Inc.'s Motion for Summary Judgment, #3 Exhibit A to Request for Judicial Notice, #4 Statement of Facts Joint Statement of Undisputed Facts Related to Defendant Fresenius USA Manufacturing, Inc.'s Motion for Summary Judgment, #5 Declaration of Alex Spjute in Support of Defendant's Motion for Summary Judgment, #6 Exhibit 1 to Declaration of Alex Spjute, #7 Exhibit 2 to Declaration of Alex Spjute, #8 Declaration of Bonnie Myers in Support of Defendant's Motion for Summary Judgment, #9 Exhibit 1 to Declaration of Bonnie Myers, #10 Exhibit 2 to Declaration of Bonnie Myers, #11 Declaration of Padraig Barret in Support of Defendant's Motion for Summary Judgment)(Stern, David) (jmr).
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Filing 35
ORDER granting #33 Motion to Lift Stay. The Clerk is directed to re-open the case. Signed by Judge Larry Alan Burns on 3/31/2021. (jmr)
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Filing 34
NOTICE of Appearance Thomas S. Campbell by Thomas S Campbell on behalf of Sergio Cota (Campbell, Thomas)Attorney Thomas S Campbell added to party Sergio Cota(pty:pla) (jdt).
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Filing 33
NOTICE of Ninth Circuit Decision and Motion to Lift the Current Stay by Fresenius USA Manufacturing, Inc. re #29 Notice of Statistical Closing of Civil Case, (Stern, David) Modified on 2/23/2021 to change lead event to Motion (jdt).
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Filing 32
NOTICE of Change of Address by Alex Edwin Spjute (Spjute, Alex) (jdt).
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Filing 31
NOTICE of Change of Address by David H. Stern (Stern, David) (jdt).
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Filing 30
NOTICE of withdrawal by Amir Seyedfarshi as Counsel by Sergio Cota (Seyedfarshi, Amir)(jpp).
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Filing 29
ORDER ADMINISTRATIVELY CLOSING CASE. Any party may move to have the case reopened once the Ninth Circuit issues its final decision in International Brotherhood of Teamsters v. FMCSA, 18-73488. Defendants' Motion for Summary Judgment is denied without prejudice. Dkt. #25 . Signed by Chief Judge Larry Alan Burns on 12/10/2019. (jdt)
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Filing 28
MINUTE ORDER. In light of the Court's previous order staying proceedings in this case, the hearing on Defendant's Motion for Summary Judgment currently on calendar for Monday, 6/10/2019 at 11:30 a.m. is vacated (Dkt. #25 ). No appearances will be required in this matter on Monday, 6/10/2019. Signed by the Chambers of Chief Judge Larry Alan Burns on 6/5/2019.(jdt)
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Filing 27
ORDER Granting Joint Motion to Stay (Dkt. #26 ). This case is stayed pending the Ninth Circuit's resolution of International Brotherhood of Teamsters v. FMCSA, 18-73488. Signed by Chief Judge Larry Alan Burns on 5/10/2019. (jdt)
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Filing 26
Joint MOTION to Stay Case Pending Ninth Circuit Decision in International Brotherhood of Teamsters v. FMCSA, No.19-73488 by Fresenius USA Manufacturing, Inc.. (Spjute, Alex) (jdt).
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Filing 25
MOTION for Summary Judgment Or In the Alternative, For Summary Adjudication of Claims by Fresenius USA Manufacturing, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Motion for Summary Judgment or in the Alternative for Summary Adjudication of Claims, #2 Declaration of Alex Spjute ISO of Motion for Summary Judgment, #3 Exhibit Ex 1-to Spjute Decl., #4 Exhibit Ex 2-to Spjute Decl., #5 Declaration of Bonnie Myers ISO of Motion for Summary Judgment, #6 Exhibit Ex 1-to Myers Decl., #7 Exhibit Ex 2-to Myers Decl., #8 Declaration of Padriag Barrett, #9 Request for Judicial Notice ISO of Motion for Summary Judgment, #10 Exhibit A-to Req for Judicial Notice, #11 Proof of Service)(Spjute, Alex). Added MOTION for Summary Adjudication on 5/1/2019. Sent QC email reminder as to multipart motions. No refile (jdt).
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Filing 24
ORDER Granting Motion (ECF No. #23 ) and Amended Scheduling Order. A Mandatory Settlement Conference is set for 2/20/2020 at 9:00 AM before Magistrate Judge Andrew G. Schopler. The Proposed Pretrial Order is due by 6/1/2020. The Final Pretrial Conference is set for 6/8/2020 at 11:45 AM before Chief Judge Larry Alan Burns. Signed by Magistrate Judge Andrew G. Schopler on 4/3/2019. (jdt)
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Filing 23
Joint MOTION to Continue Further Class Certification Filing Deadline and Other Case Deadlines by Fresenius USA Manufacturing, Inc.. (Spjute, Alex) (jdt).
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Filing 22
NOTICE of Withdrawal of ECF 21 by Fresenius USA Manufacturing, Inc. re #21 Joint MOTION to Continue Further Class Certification Filing Deadline and Other Case Deadlines (Spjute, Alex) (jdt).
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Filing 21
***WITHDRAWN PER ECF #22 *** Joint MOTION to Continue Further Class Certification Filing Deadline and Other Case Deadlines by Fresenius USA Manufacturing, Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service)(Stern, David). Modified on 3/28/2019 - signatures incomplete, proposed order attached. Sent QC email to withdraw and refile (jdt). Modified on 3/28/2019 to withdraw; terminated motion and judge association (jdt).
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Filing 20
ORDER Granting Motion (ECF No. #19 ) and Amended Scheduling Order. A Mandatory Settlement Conference is set for 11/22/2019 at 9:00 AM. The Proposed Pretrial Order is due by 3/2/2020. The Final Pretrial Conference set for 3/9/2020 at 11:45 AM. Signed by Magistrate Judge Marc L. Goldman on 12/13/2018. (jdt)
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Filing 19
Joint MOTION to Continue Class Certification Filing Deadline and Other Case Deadlines by Fresenius USA Manufacturing, Inc.. (Attachments: #1 Proof of Service on Joint Motion to Continue Class Certification filing Deadline and Other Case Deadlines)(Stern, David) (jdt).
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Filing 18
ORDER Granting Motion (ECF No. #17 ) and Protective Order. Signed by Magistrate Judge Marc L. Goldman on 11/15/2018. (jdt)
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Filing 17
Joint MOTION for Protective Order by Fresenius USA Manufacturing, Inc.. (Attachments: #1 Proof of Service)(Stern, David) Modified on 10/31/2018 - QC Email reminder sent regarding "s/" by nonregistered user (jdt).
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Filing 16
Scheduling Order Regulating discovery and Other Pretrial Proceedings. A Case Management Conference held on 8/21/2018. A Mandatory Settlement Conference is set for 8/9/2019 at 9:00 AM before Magistrate Judge Clinton Averitte. The Proposed Pretrial Order is due by 12/9/2019. A Final Pretrial Conference is set for 12/16/2019 at 12:00 PM before Judge Larry Alan Burns. Signed by Magistrate Judge Clinton Averitte on 8/21/2018.(jdt)
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Filing 15
MINUTE ENTRY (CEA): On August 21, 2018, the Court held a telephonic Early Neutral Evaluation and Case Management Conference. The case did not settle. A scheduling order will follow. Signed by Magistrate Judge Clinton E. Averitte on 08/21/2018. (CD# 8/21/2018 18 CEA 9:15-9:25). (no document attached) (mxa)
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Filing 14
CERTIFICATE OF SERVICE by Fresenius USA Manufacturing, Inc. re #13 Joint Discovery Plan (Stern, David) (jdt).
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Filing 13
JOINT DISCOVERY PLAN by Fresenius USA Manufacturing, Inc. (Stern, David). QC mail- missing proof of service. Modified on 8/15/2018 (jdt).
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Filing 12
NOTICE AND ORDER Setting Telephonic Early Neutral Evaluation Conference and Case Management Conference with Counsel Only. An Early Neutral Evaluation ("ENE") and Case Management Conference of your case with counsel only will be held telephonically on 8/21/2018 at 9:00 a.m. before Magistrate Judge Clinton Averitte. The Joint Discovery Plan is due 8/14/2018. Signed by Magistrate Judge Clinton Averitte on 7/12/2018.(jdt)
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Filing 11
NOTICE of Service Upon Plaintiffs re: Standing Order in Civil Cases by Fresenius USA Manufacturing, Inc. (Spjute, Alex) (jdt).
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Filing 10
NOTICE of Withdrawal of Defendant's Motion to Dismiss by Fresenius USA Manufacturing, Inc. re #6 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Spjute, Alex)Attorney Alex E Spjute added to party Fresenius USA Manufacturing, Inc.(pty:dft) (jdt).
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Filing 9
ANSWER to Complaint 1st Amended by Fresenius USA Manufacturing, Inc. (Stern, David) (jdt).
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Filing 8
CERTIFICATE OF SERVICE by Sergio Cota re #7 Amended Document (Seyedfarshi, Amir) (jdt).
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Filing 7
First AMENDED COMPLAINT by Sergio Cota. First Amended Complaint. (Seyedfarshi, Amir) QC email re incorrect event selected and missing certificate of service. Edited text to reflect document (dlg).
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Filing 6
***WITHDRAWN PER ECF #10 *** MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted by Fresenius USA Manufacturing, Inc., Fresenius USA, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of their Motion to Dismiss the Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, #2 Declaration of Philip Martineau in Support of Def Motion to Dismiss, #3 Exhibit 1- Wage Statement Information)(Stern, David) (jdt). Modified on 7/9/2018 to withdraw document and to terminate motion and judge association (jdt).
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Filing 5
CERTIFICATE OF SERVICE by Sergio Cota re #4 Jury Demand (Seyedfarshi, Amir) (jdt).
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Filing 4
DEMAND for Trial by Jury by Sergio Cota. (Seyedfarshi, Amir). QC Mail - missing proof of service (jdt).
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Filing 3
NOTICE of Appearance of Counsel by Amir H. Seyedfarshi on behalf of Sergio Cota (Seyedfarshi, Amir)Attorney Amir H. Seyedfarshi added to party Sergio Cota(pty:pla). (jdt).
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Filing 2
NOTICE of Party With Financial Interest by Fresenius USA Manufacturing, Inc., Fresenius USA, Inc. re #1 Notice of Removal, Identifying Corporate Parent Fresenius Medical Care Renal Therapies Group, LLC, Corporate Parent Fresenius Medical Care Holdings Inc. for Fresenius USA Manufacturing, Inc., Fresenius USA, Inc. (sjm) (jao).
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2018-000211:58-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-11291208), filed by Fresenius USA, Inc., Fresenius USA Manufacturing, Inc. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)The new case number is 3:18-cv-1163-LAB-AGS. Judge Larry Alan Burns and Magistrate Judge Andrew G. Schopler are assigned to the case.(sjm) (jao).
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