Hernandez v. Auto Zone, Inc. et al
| Marvin Hernandez |
| Autozone Parts, Inc., Autozoners, LLC, DOES 1-50 and Autozone, Inc. |
| 3:2018cv01324 |
| June 18, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Michael S Berg |
| John A Houston |
| Andrew G Schopler |
| Civil Rights: Jobs |
| 28 U.S.C. § 1453 |
| Both |
Docket Report
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| Filing 28 STATUS REPORT (JOINT) by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. (Hoerauf, Graham) (jpp). |
Filing 27
ORDER requiring status update. Signed by Judge John A. Houston on 5/14/2021.(jpp) (dlg).
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Filing 26
CONSENT ORDER granting #25 Motion to Substitute Attorney Kalyan Pokala for Plaintiff in place of Jacob N. Whitehead. Signed by Judge John A. Houston on 1/29/2021. (jpp)
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| Filing 25 MOTION to Substitute Attorney Kalyan Pokala for Jacob Whitehead by Marvin Hernandez. (Pokala, Kalyan) (jpp). |
| Filing 24 NOTICE OF RELATED CASE(S) by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC of case(s) 5:14-cv-02471 VAP SPx; 2:18-cv-01106 ODW MRWx; 37-2018-00008402-CU-OE-CTL; 20-2015-00824615-CU-OE-CJC; BC456794; BC683600; EW000322; 2:19-CV-2800; 2:19-CV-03262; 19STCV20306; 19TCV14772 . (Hoerauf, Graham) No LNO prepared. Related cases not from the Southern District of CA (tcf). |
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Filing 23
ORDER Granting #17 Motion to Compel Arbitration and Stay Action. Defendants' motion to Dismiss Plaintiff Marvin Hernandezs class action allegations is granted. This litigation is stayed pending completion of the parties' arbitration. Signed by Judge John A. Houston on 1/4/19. (dlg)
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| Filing 22 DECLARATION re #17 MOTION to Compel Arbitration and Stay Matter Pending Arbitration or, in the Alternative, Motion to Dismiss Pursuant to Fed. R. Civ. 12(B)(1) by Defendants Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. (Attachments: #1 Exhibits A-C)(Hoerauf, Graham) (jpp). |
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Filing 21
MINUTE ORDER. On 8/31/2018, Magistrate Judge Clinton Averitte issued an Order setting an in-person case management conference on 11/13/2018, at 9:00 a.m. [ECF No. 14]. On 9/20/2018, Defendants filed a Motion to Compel Arbitration and Stay Matter Pending Arbitration or, in the Alternative, Motion to Dismiss Pursuant to Fed. R. Civ. 12(B)(1) [ECF No. 17], which was taken under submission by District Judge John A. Houston on 11/7/2018 [ECF No. 19]. On 11/8/2018, the case was reassigned to Magistrate Judge Michael S. Berg [ECF No. 20]. In light of the pending motion and the reassignment of the case, the Case Management Conference scheduled for 11/13/2018, at 9:00 a.m. is VACATED. The parties shall contact Judge Berg's Chambers to set a new case management conference within five court days of a ruling by Judge Houston on the Motion to Compel Arbitration and Stay Matter Pending Arbitration or, in the Alternative, Motion to Dismiss Pursuant to Fed. R. Civ. 12(B)(1). Signed by Magistrate Judge Michael S. Berg on 11/9/2018.(rmc) Modified to correct title on 11/9/2018 (rmc).
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Filing 20
ORDER OF TRANSFER. Magistrate Judge Andrew G. Schopler is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. The new case number is 18CV1324-JAH(MSB). Signed by Magistrate Judge Barbara Lynn Major on 11/07/2018.(jpp)
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Filing 19
ORDER vacating hearing on #17 Defendants' Motion to Compel Arbitration and Stay Matter set for 11/13/2018 and taking the matter under submission without oral argument. Signed by Judge John A. Houston on 11/07/2018.(jpp)
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| Filing 18 NOTICE of Appearance by Elizabeth Falcone on behalf of Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC (Falcone, Elizabeth)Attorney Elizabeth Falcone added to party Autozone Parts, Inc.(pty:dft), Attorney Elizabeth Falcone added to party Autozone, Inc.(pty:dft), Attorney Elizabeth Falcone added to party Autozoners, LLC(pty:dft) (jpp). |
| Filing 17 MOTION to Compel Arbitration and Stay Matter Pending Arbitration or, in the Alternative, Motion to Dismiss Pursuant to Fed. R. Civ. 12(B)(1) by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Evan Moses, #4 Declaration of Ricardo Nieto, #5 Declaration of Todd Wiliams, #6 [Proposed] Order Granting Motion to Stay Action Pending Arbitration, #7 Certificate of Service)(Hoerauf, Graham)Attorney Graham Hoerauf added to party Autozone Parts, Inc.(pty:dft), Attorney Graham Hoerauf added to party Autozone, Inc.(pty:dft), Attorney Graham Hoerauf added to party Autozoners, LLC(pty:dft) (jpp). |
| Filing 16 NOTICE of Appearance of Patrick McNicholas by Patrick McNicholas, IV on behalf of Marvin Hernandez (McNicholas, Patrick)Attorney Patrick McNicholas, IV added to party Marvin Hernandez(pty:pla) (jpp). |
| Filing 15 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Marvin Hernandez. (Whitehead, Jacob) (jpp). |
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Filing 14
ORDER - The case management conference is rescheduled to November 13, 2018, at 9:00 a.m. Counsel for both parties must be present in person. Signed by Magistrate Judge Clinton Averitte on 8/31/2018.(jpp)
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Filing 13
MINUTE ENTRY and ORDER (CEA): On August 14, 2018, the Court held a case management conference. Plaintiff indicated he may add two additional named plaintiffs in the next week. Defendant intends to file a motion to stay and motion to compel arbitration two weeks from the addition of the new plaintiffs. Accordingly, the Court continues the CMC to August 30, 2018, at 1:00 p.m. Plaintiff is responsible for initiating the joint call to chambers. In addition, defendant is required to make its initial disclosures by August 17, 2018. Signed by Magistrate Judge Clinton E. Averitte on 08/14/2018.(Plaintiff Attorney Jacob Whitehead). (Defendant Attorney Evan Moses). (no document attached) (mjg)
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Filing 12
ORDER (CEA): Having reviewed the parties' Joint Discovery Plan, the August 14, 2018 Early Neutral Evaluation and Case Management Conference will be held telephonically, with attorneys only. Plaintiff's counsel must initiate the joint call to chambers with all attorneys on the line. Signed by Magistrate Judge Clinton Averitte on 08/06/2018.(no document attached) (mxa)
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| Filing 11 NOTICE of Withdrawal of Counsel by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC (Archibald, Christopher) (jpp). |
| Filing 10 NOTICE of Appearance by Evan Reed Moses on behalf of Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC (Moses, Evan)Attorney Evan Reed Moses added to party Autozone Parts, Inc.(pty:dft), Attorney Evan Reed Moses added to party Autozone, Inc.(pty:dft), Attorney Evan Reed Moses added to party Autozoners, LLC(pty:dft) (jpp). |
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Filing 9
ORDER (CEA): Due to the Court's schedule, the August 6, 2018 Early Neutral Evaluation and Case Management Conference are vacated and rescheduled to August 14, 2018, at 9:00 a.m. The parties must submit confidential settlement statements by August 7, 2018. All other provisions of the Notice and Order for ENE (ECF No. #6 ) remain unchanged. Signed by Magistrate Judge Clinton Averitte on 7/25/18.(no document attached) (jrg)
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| Filing 8 REPORT of Rule 26(f) Planning Meeting. (Archibald, Christopher) (jpp). |
| Filing 7 NOTICE of Appearance of Counsel by Nardo J. Catahan on behalf of Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC (Catahan, Nardo)Attorney Nardo J. Catahan added to party Autozone Parts, Inc.(pty:dft), Attorney Nardo J. Catahan added to party Autozone, Inc.(pty:dft), Attorney Nardo J. Catahan added to party Autozoners, LLC(pty:dft) (aef). |
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Filing 6
NOTICE AND ORDER for Early Neutral Evaluation Conference and setting Rule 26 compliance and Case Management Conference. Early Neutral Evaluation set for 8/6/2018 09:00 AM before Magistrate Judge Clinton E. Averitte. Signed by Magistrate Judge Clinton E. Averitte on 7/05/2018.(All non-registered users served via U.S. Mail Service)(jpp) Modified on 7/6/2018 to edit Judge info, nef resent. (jpp).
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| Filing 5 NOTICE OF RELATED CASE(S) by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. (jrm) (jao). |
| Filing 4 Corporate Disclosure Statement by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC identifying Corporate Parent Autozone Parts, Inc., Other Affiliate AutoZone Investment Corporation for Autozone, Inc. (jrm) (jao). |
| Filing 3 NOTICE of Party With Financial Interest by Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. Identifying Other Affiliate AutoZone Investment Corporation for Autozone Parts, Inc., Autozone, Inc., Autozoners, LLC. (jrm) (jao). |
| Filing 2 ANSWER to Complaint (Notice of Removal) by Auto Zone, Inc., Autozone Parts, Inc., Autozoners, LLC. (jrm) (jao). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court California, San Diego County, case number -02018-00023753-CU-OE-NC. ( Filing fee $ 400 receipt number 0974-11343624.), filed by Auto Zone, Inc., Autozone Parts, Inc., Autozoners, LLC. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint pt. 1, #3 State Court Complaint pt. 2, #4 State Court Answer, #5 Declaration of Mark Dessem ISO Removal, #6 Declaration of Patrick Johnson ISO Removal)The new case number is 3:18-cv-01324-JAH-AGS. Judge John A. Houston and Magistrate Judge Andrew G. Schopler are assigned to the case.(jrm) (jao). |
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