Vallejo v. Sterigenics U.S., LLC et al
Plaintiff: Alexander Vallejo
Defendant: DOES 1 through 50 and Sterigenics U.S., LLC
Case Number: 3:2020cv01788
Filed: September 11, 2020
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: Allison H Goddard
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2021 Opinion or Order Filing 33 RESPONSE in Opposition re #31 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Alexander Vallejo. (Davis, Heather)(jrm).
November 2, 2021 Opinion or Order Filing 32 ORDER Setting Briefing Schedule re #31 MOTION to Dismiss Plaintiff's Second Amended Complaint : Responses due by 11/16/2021; Replies due by 11/23/2021; sur-replies will not be accepted. Motion Hearing set for 1/13/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
November 1, 2021 Opinion or Order Filing 31 MOTION to Dismiss Plaintiff's Second Amended Complaint by Sterigenics U.S., LLC. (Attachments: #1 Memo of Points and Authorities ISO Motion to Dismiss Plaintiff's Second Amended Complaint, #2 Proof of Service re Motion to Dismiss Plaintiff's Second Amended Complaint)(Ryan, Lindsay) (jrm).
November 1, 2021 Opinion or Order Filing 30 NOTICE of Withdrawal of Document #28 by Sterigenics U.S., LLC re #28 MOTION to Dismiss Plaintiff's Second Amended Complaint (Ryan, Lindsay)(jrm).
November 1, 2021 Opinion or Order Filing 29 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #28 MOTION to Dismiss Plaintiff's Second Amended Complaint : Responses due by 11/15/2021; Replies due by 11/22/2021; sur-replies will not be accepted. Motion Hearing set for 1/13/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
October 29, 2021 Opinion or Order Filing 28 ***Document withdrawn per Doc. #30 *** MOTION to Dismiss Plaintiff's Second Amended Complaint by Sterigenics U.S., LLC. (Attachments: #1 Memo of Points and Authorities ISO Motion to Dismiss Plaintiff's Second Amended Complaint, #2 Proof of Service re Motion to Dismiss Plaintiff's Second Amended Complaint)(Derzakarian, Armida) QC Mailer sent re incorrect signature on 11/1/2021; WITHDRAW/REFILE (jrm). Modified to withdraw on 11/2/2021 (jrm).
October 15, 2021 Opinion or Order Filing 27 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Alexander Vallejo. (Attachments: #1 Supplement tracked changes) (Davis, Heather) (anh).
October 4, 2021 Opinion or Order Filing 26 Order: (1) Granting Defendant's Motion to Dismiss Plaintiff's First Amended Complaint and Class Allegations; and (2) Denying Defendant's Motion to Strike Plaintiff's Class Allegations (Doc. No. #19 ). The Court denies without prejudice Defendant's motion to strike Plaintiff's class allegations, and grants Defendant's motion to dismiss Plaintiff's First Amended Complaint. Should Plaintiff choose to do so, where leave is granted, he must file an amended complaint curing the deficiencies noted herein by 10/15/2021. Signed by Judge Anthony J. Battaglia on 10/4/2021. (jrm)
September 22, 2021 Opinion or Order Filing 25 ORDER BY JUDGE BATTAGLIA, Motions Submitted #19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f). This motion is suitable for determination on the papers and without need for oral argument, pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and this motion is deemed submitted as of this date.(no document attached) (sc)
August 19, 2021 Opinion or Order Filing 24 REPLY - Other re #19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed by Sterigenics U.S., LLC. (Ryan, Lindsay) (jrm).
August 13, 2021 Opinion or Order Filing 23 RESPONSE in Opposition re #19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed by Alexander Vallejo. (Davis, Heather) (jrm).
August 13, 2021 Opinion or Order Filing 22 NOTICE OF WITHDRAWAL OF DOCUMENT 21 by Alexander Vallejo (Davis, Heather) (jrm).
August 12, 2021 Opinion or Order Filing 21 ***Document withdrawn per Doc. #22 *** RESPONSE in Opposition re #19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed by Alexander Vallejo. (Davis, Heather)(jrm). Modified to withdraw on 8/16/2021 (jrm).
July 29, 2021 Opinion or Order Filing 20 ORDER BY JUDGE BATTAGLIA: re #19 ORDER Setting Briefing Schedule re #19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) :( Responses due by 8/12/2021, Replies due by 8/19/2021 sur-replies will not be accepted. Motion Hearing set for 10/7/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
July 28, 2021 Opinion or Order Filing 19 MOTION to Dismiss Plaintiff's First Amended Complaint and/or Class Allegations Pursuant to Fed. R. Civ. P. 12(b)(6) and/or Motion to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) by Sterigenics U.S., LLC. (Derzakarian, Armida) (jrm).
July 14, 2021 Opinion or Order Filing 18 AMENDED DOCUMENT by Alexander Vallejo. FIRST AMENDED COMPLAINT. (Attachments: #1 Exhibit FIRST AMENDED COMPLAINT(REDLINE))(Davis, Heather) (jrm).
June 29, 2021 Opinion or Order Filing 17 Order: (1) Denying Plaintiff's Motion to Remand, (Doc. No. #9 ); and (2) Granting Defendant's Motion to Dismiss and/or Strike the Complaint with Leave to Amend, (Doc. No. #4 ). The Court denies Plaintiff's motion to remand the action. Defendant's motion to dismiss and/or strike is granted. However, the Court grants Plaintiff leave to file an Amended Complaint consistent with this order. If he so chooses, Plaintiff must file any Amended Complaint within 14 days of this order. Signed by Judge Anthony J. Battaglia on 6/29/2021. (jrm)
November 24, 2020 Opinion or Order Filing 16 ORDER BY JUDGE BATTAGLIA, Motions Submitted #9 MOTION to Remand , #4 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Portions of the Complaint. These motions are suitable for determination on the papers and without need for oral argument pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and these motions are deemed submitted as of this date. (no document attached) (sc)
November 3, 2020 Opinion or Order Filing 15 NOTICE of Appearance of Melissa Newman Avila by Heather Davis on behalf of Alexander Vallejo (Davis, Heather) (jrm).
November 3, 2020 Opinion or Order Filing 14 REPLY to Response to Motion re #9 MOTION to Remand filed by Alexander Vallejo. (Davis, Heather) (jrm).
October 27, 2020 Opinion or Order Filing 13 RESPONSE in Opposition re #9 MOTION to Remand filed by Sterigenics U.S., LLC. (Attachments: #1 Supplement Declaration)(Ryan, Lindsay)(jrm).
October 13, 2020 Opinion or Order Filing 12 NOTICE of Hearing on Motion #4 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Portions of the Complaint : Motion Hearing continued to 12/3/2020 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc)
October 13, 2020 Opinion or Order Filing 11 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #9 MOTION to Remand : Responses due by 10/27/2020; Replies due by 11/3/2020; sur-replies will not be accepted. Motion Hearing set for 12/3/2020 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
October 9, 2020 Opinion or Order Filing 10 REPLY in Support re #4 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Portions of the Complaint filed by Sterigenics U.S., LLC. (Ryan, Lindsay) Modified text per counsel on 10/13/2020 (tcf).
October 8, 2020 Opinion or Order Filing 9 MOTION to Remand by Alexander Vallejo. (Attachments: #1 Declaration of Heather Davis in Support of Plaintiff's Motion to Remand)(Davis, Heather) (jrm).
October 2, 2020 Opinion or Order Filing 8 RESPONSE in Opposition re #4 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Portions of the Complaint filed by Alexander Vallejo. (Davis, Heather)(jrm).
September 23, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Heather Davis on behalf of Alexander Vallejo (Davis, Heather)Attorney Heather Davis added to party Alexander Vallejo(pty:pla)(jrm).
September 23, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Priscilla Gamino on behalf of Alexander Vallejo (Gamino, Priscilla)Attorney Priscilla Gamino added to party Alexander Vallejo(pty:pla)(jrm).
September 18, 2020 Opinion or Order Filing 5 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #4 MOTION to Dismiss Plaintiff's Complaint MOTION to Strike Portions of the Complaint : Responses due by 10/2/2020; Replies due by 10/9/2020; sur-replies will not be accepted.(no document attached) (sc)
September 18, 2020 Opinion or Order Filing 4 MOTION to Dismiss Plaintiff's Complaint, MOTION to Strike Portions of the Complaint by Sterigenics U.S., LLC. (Ryan, Lindsay)(jrm).
September 14, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Armida Derzakarian on behalf of Sterigenics U.S., LLC (Derzakarian, Armida)Attorney Armida Derzakarian added to party Sterigenics U.S., LLC(pty:dft)(jrm).
September 11, 2020 Opinion or Order Filing 2 NOTICE of Party With Financial Interest by Sterigenics U.S., LLC re #1 Notice of Removal, . Identifying Other Affiliate Sotera Health LLC, Other Affiliate Sotera Health Holdings, LLC, Other Affiliate Sotera Health Topco, Inc., Other Affiliate Sotera Health Topco Parent, L.P. for Sterigenics U.S., LLC. (Ryan, Lindsay) (jms).
September 11, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2020-00027438-CU-OE-CTL. ( Filing fee $ 400 receipt number ACASDC-14490539.), filed by Sterigenics U.S., LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Kim Mirabelli, #3 Exhibits A-F (State Court Documents))The new case number is 3:20-cv-1788-AJB-AHG. Judge Anthony J. Battaglia and Magistrate Judge Allison H. Goddard are assigned to the case.(jmr) (jms).

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Defendant: DOES 1 through 50
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Defendant: Sterigenics U.S., LLC
Represented By: Lindsay Larsen O'H Ryan
Represented By: Armida Derzakarian
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Plaintiff: Alexander Vallejo
Represented By: Amir Nayebdadash
Represented By: Heather Davis
Represented By: Priscilla Gamino
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