Ancona v. Lowe's Home Centers, LLC et al
| Jay Ancona |
| DOES 1 through 50, Mike Smith and Lowe's Home Centers, LLC |
| 3:2020cv01462 |
| July 29, 2020 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Cynthia Bashant |
| Jill L Burkhardt |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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Filing 18
ORDER Granting #7 Plaintiff's Motion to Remand. The Court GRANTS Plaintiff's motion to remand and REMANDS this case back to the Superior Court of California, County of San Diego. The Court DENIES Plaintiff's request for attorneys' fees and costs. The Court DIRECTS the Clerk of Court to close the case and terminate any pending motions, deadlines, or hearings. Signed by Judge Michael M. Anello on 9/23/2020. (Certified copy sent to State Court via US Mail Service.) (tcf) (jms).
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Filing 17
Scheduling Order Regulating Discovery and Other Pretrial Proceedings. A Case Management Conference was held on 9/10/2020. A Mandatory Settlement Conference will be conducted on 4/19/2021 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 9/11/2020. (tcf)
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 9/10/2020 by video conference. The case did not settle. Case Management Conference held on 9/10/2020 by video conference. Scheduling Order to follow. (Plaintiff Attorney Marshall Lurtz) (Defendant Attorney Neal A. Fischer) (Jay Ancona; Grace Liberato; Mike Smith) (no document attached) (mjg) |
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Filing 15
Minute Order Taking Motions Under Submission: Defendant Mike Smith's #6 MOTION to Dismiss and Plaintiff's #7 MOTION to Remand are currently set for hearing on September 14, 2020. The Court finds these matters suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the hearing is taken off calendar. SO ORDERED by Judge Michael M. Anello on September 9, 2020. (no document attached) (mxt)
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Filing 14
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: An e-mail from each party providing contact information in advance of the ENE was due to the Court no later than 9/7/2020. (ECF No. #5 .) The Court is not in receipt of an e-mail from Defendants. Accordingly, no later than today, 9/9/2020, at 5:00 PM, Defendants shall send an e-mail to the Court with the contact information required by paragraph 5 of the Mandatory Directions for Zoom Video Conference Participation, which is attached to the Court's 8/5/2020 Order (ECF No. #5 ). (no document attached) (mjg)
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| Filing 13 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Jay Ancona. (Lurtz, Marshall) (dlg). |
| Filing 12 REPLY to Response to Motion re #6 MOTION to Dismiss filed by Lowe's Home Centers, LLC, Mike Smith. (Fisher, Neal) (tcf). |
| Filing 11 JOINT DISCOVERY PLAN by Lowe's Home Centers, LLC, Mike Smith and Plaintiff Jay Ancona (Fisher, Neal) (tcf). |
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Filing 10
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation ("ENE") Statements and a Joint Discovery Plan were due to the Court no later than 8/31/2020. (ECF No. #5 .) The Court is not in receipt of an ENE Statement from any party (Plaintiff, Defendant Lowe's, or Defendant Smith) or the Joint Discovery Plan. Accordingly, no later than 9/2/2020, each party shall LODGE his/its ENE Statement via e-mail at efile_Burkhardt@casd.uscourts.gov, and the parties shall FILE their Joint Discovery Plan. The parties' ENE Statements and Joint Discovery Plan shall address why they are being submitted after the Court-ordered deadline. The parties should otherwise consult and ensure that their ENE Statements and the Joint Discovery Plan comply with the Court's 8/5/2020 Order (ECF No. #5 ) and Judge Burkhardt's Civil Chambers Rules. (no document attached) (mjg)
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| Filing 9 RESPONSE in Opposition re #6 MOTION to Dismiss filed by Jay Ancona. (Lurtz, Marshall) (tcf). |
| Filing 8 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Lowe's Home Centers, LLC, Mike Smith. (Fisher, Neal) (tcf). |
| Filing 7 MOTION to Remand to State Court by Jay Ancona. (Attachments: #1 Declaration Declaration of Marshall R. Lurtz in support of Motion for Remand)(Lurtz, Marshall) (tcf). |
| Filing 6 MOTION to Dismiss by Mike Smith. (Attachments: #1 Memo of Points and Authorities)(Fisher, Neal) (tcf). |
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Filing 5
NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference; and (2) Setting Rule 23 Compliance and Case Management Conference. An Early Neutral Evaluation (ENE) is set for 9/10/2020 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE, a Case Management Conference will be held at the conclusion of the ENE. A Joint Discovery Plan is due 8/31/2020. Signed by Magistrate Judge Jill L. Burkhardt on 8/5/2020. (tcf)
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| Filing 4 MINUTE ORDER OF RECUSAL. Judge Cynthia Bashant is no longer assigned. Case reassigned to Judge Michael M. Anello for all further proceedings. The new case number is 20cv1462-MMA-JLB.(no document attached) (sjt) |
| Filing 3 NOTICE of Party With Financial Interest by Lowe's Home Centers, LLC. Identifying Other Affiliate Lowe's Companies, Inc. for Lowe's Home Centers, LLC. (vxc) (dsn) |
| Filing 2 ANSWER to Complaint (Notice of Removal) by Lowe's Home Centers, LLC. (vxc) (dsn) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California, County of San Diego, case number 37-2020-00019165-CU-WT-CTL. ( Filing fee $ 400 receipt number BCASDC-14240319.), filed by Lowe's Home Centers, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Grace Liberato, #3 Declaration of Kyle P. Klein, #4 Exhibit State Complaint and Summons)The new case number is 3:20-cv-1462-BAS-JLB. Judge Cynthia Bashant and Magistrate Judge Jill L. Burkhardt are assigned to the case.(vxc) (dsn) |
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