Janelly Sandoval v. Home Depot U.S.A., Inc., et al
Plaintiff: Janelly Sandoval
Respondent: Home Depot U.S.A, Inc. and does 1 through 50, inclusive
Consolidated Plaintiff: Vergie Flores
Case Number: 3:2021cv00461
Filed: March 16, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: Mitchell D Dembin
2 Judge: M James Lorenz
3 Judge: Andrew G Schopler
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1441 lm
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2021 Opinion or Order Filing 40 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Andrew G. Schopler for all further proceedings. Judge M. James Lorenz, Magistrate Judge Mitchell D. Dembin no longer assigned to case. Create association to 3:19-cv-01766-AJB-AGS. The new case number is 21CV0461-AJB(AGS).. Signed by Judge M. James Lorenz on 3/31/2021. Signed by Judge Anthony J. Battaglia on 4/02/2021.(jpp)
March 16, 2021 Filing 39 Judge M. James Lorenz and Magistrate Judge Mitchell D. Dembin assigned to transfer case from Central District of California. (no document attached) (All non-registered users served via U.S. Mail Service)(jpp)
March 16, 2021 Filing 38 Case transferred in from District of California Central; Case Number 5:20-cv-00457. Original file received electronically
March 15, 2021 Filing 37 MINUTES OF TELEPHONIC SCHEDULING CONFERENCEheld before Judge George H. Wu. The tentative circulated and attached hereto, is adopted as the Court's Final Ruling. The matters are ordered transferred to the United States District Court, Southern District of California. Court Reporter: Terri A. Hourigan. (Made JS-6. Case Terminated.) (lom) [Transferred from California Central on 3/16/2021.]
March 10, 2021 Filing 36 NOTICE of Non-Objection to Transfer to Southern District of California filed by Plaintiff Janelly Sandoval. (Lee, Larry) [Transferred from California Central on 3/16/2021.]
March 8, 2021 Filing 35 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Stay pending meal and rest break claims in this action pending resolution of the same claims in Davey v. The Home Depot USA, Inc., Case No. 3:20-cv-02541-DMS-NLS (S.D. Cal.) #29 Defendants Response to Courts Tentative Ruling (Dkt. 33) Regarding Motion to Stay Meal and Rest Break Claims Based on the First-To-File Rule filed by Defendant Home Depot U.S.A., Inc.. (Knopp, Gregory) [Transferred from California Central on 3/16/2021.]
March 8, 2021 Filing 34 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Stay pending meal and rest break claims in this action pending resolution of the same claims in Davey v. The Home Depot USA, Inc., Case No. 3:20-cv-02541-DMS-NLS (S.D. Cal.) #29 filed by Consol Plaintiff Vergie Flores. (Jackson, Armond) [Transferred from California Central on 3/16/2021.]
March 1, 2021 Filing 33 MINUTES OF TELEPHONIC HEARING ON DEFENDANT HOME DEPOT U.S.A., INC.'S MOTION TO STAY MEAL AND REST BREAK CLAIMS BASED ON THE FIRST-TO-FILE RULE #29 held before Judge George H. Wu. As stated on the record, the Courts Tentative Ruling is attached hereto. Defendant's Motion is continued to March 15, 2021 at 8:30 a.m. Simultaneous responses to the Court's tentative ruling are to be filed by March 8, 2021. Court Reporter: Terri A. Hourigan. (mrgo) [Transferred from California Central on 3/16/2021.]
February 26, 2021 Filing 32 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 03/01/2021 MOTION HEARING at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 3/16/2021.]
February 12, 2021 Filing 31 REPLY in support of NOTICE OF MOTION AND MOTION to Stay pending meal and rest break claims in this action pending resolution of the same claims in Davey v. The Home Depot USA, Inc., Case No. 3:20-cv-02541-DMS-NLS (S.D. Cal.) #29 Defendant's Reply in Support of Motion to Stay Meal and Rest Break Claims Based On the First-To-File Rule filed by Defendant Home Depot U.S.A., Inc.. (Knopp, Gregory) [Transferred from California Central on 3/16/2021.]
February 8, 2021 Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay pending meal and rest break claims in this action pending resolution of the same claims in Davey v. The Home Depot USA, Inc., Case No. 3:20-cv-02541-DMS-NLS (S.D. Cal.) #29 filed by Consol Plaintiff Vergie Flores. (Attachments: #1 Declaration of Armond M. Jackson in Support of Plaintiff's Opposition to Defendant's Motion for Stay, #2 Plaintiff's Request for Judicial Notice in Support of Plaintiff's Opposition toDefendant's Motion for Stay, #3 Plaintiff's Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion for Stay, #4 Proof of Service)(Jackson, Armond) [Transferred from California Central on 3/16/2021.]
January 29, 2021 Filing 29 NOTICE OF MOTION AND MOTION to Stay pending meal and rest break claims in this action pending resolution of the same claims in Davey v. The Home Depot USA, Inc., Case No. 3:20-cv-02541-DMS-NLS (S.D. Cal.) filed by defendant Home Depot U.S.A., Inc.. Motion set for hearing on 3/1/2021 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of G. Edward Anderson (Suppl.), #2 Proposed Order) (Attorney Gregory W Knopp added to party Home Depot U.S.A., Inc.(pty:dft)) (Knopp, Gregory) [Transferred from California Central on 3/16/2021.]
January 7, 2021 Filing 28 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. Court and counsel discuss scheduling. The briefing schedule on Plaintiffs' motion for class certification is set as follows: Opening Brief July 29, 2021; Opposition August 26, 2021; Reply September 13, 2021; Hearing September 30, 2021 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (mrgo) [Transferred from California Central on 3/16/2021.]
January 6, 2021 Filing 27 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 01/07/2021 status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 3/16/2021.]
January 5, 2021 Filing 26 STATUS REPORT Joint Status Report filed by Consol Plaintiff Vergie Flores. (Jackson, Armond) [Transferred from California Central on 3/16/2021.]
January 5, 2021 Filing 25 STATUS REPORT Joint Status Report filed by Plaintiff Janelly Sandoval. (Lee, Larry) [Transferred from California Central on 3/16/2021.]
December 10, 2020 Opinion or Order Filing 24 MINUTE ORDER IN CHAMBERS by Judge George H. Wu. The Court consolidates this action with Virgie Flores v. Home Depot U.S.A., Inc., et al., EDCV 20-2215-GW-SHKx for pretrial purposes. Counsel are directed to make all future filings in the EDCV 20-457-GW-SHKx matter. The Clerk's Office is directed to add the parties and counsel in EDCV 20-457-GW-SHKx. The Court sets a status conference for January 7, 2021 at 8:30 a.m. Parties are to meet and confer re scheduling, and file a joint status report by noon on January 5, 2021. (mrgo) [Transferred from California Central on 3/16/2021.]
December 7, 2020 Opinion or Order Filing 23 ORDER APPROVING STIPULATION TO CONTINUE CLASS CERTIFICATION DATES by Judge George H. Wu, re Stipulation to Continue #22 . (Motions due by 7/29/2021.)(Responses due by 8/26/2021, Replies due by 9/10/2021.) The hearing on Plaintiff's motion for class certification is continued from 8:30 a.m. on March 22, 2021 to September 23, 2021, 8:30 a.m. (mrgo) [Transferred from California Central on 3/16/2021.]
December 3, 2020 Filing 22 STIPULATION to Continue Class Certification Dates from January 14, 2021 to July 29, 2021 filed by defendant Home Depot U.S.A., Inc.. (Attachments: #1 Declaration of Donna M. Mezias, #2 Proposed Order)(Mezias, Donna) [Transferred from California Central on 3/16/2021.]
November 17, 2020 Filing 21 NOTICE of Related Case(s) filed by defendant Home Depot U.S.A., Inc.. Related Case(s): 5:20-cv-02215-GW(SHKx) (Mezias, Donna) [Transferred from California Central on 3/16/2021.]
September 21, 2020 Opinion or Order Filing 20 STIPULATED [PROPOSED] PROTECTIVE ORDER GOVERNING DISCOVERY by Magistrate Judge Shashi H. Kewalramani, re Stipulation for Protective Order #19 (dc) [Transferred from California Central on 3/16/2021.]
September 16, 2020 Filing 19 STIPULATION for Protective Order filed by defendant Home Depot U.S.A., Inc..(Mezias, Donna) [Transferred from California Central on 3/16/2021.]
September 15, 2020 Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Donna M Mezias counsel for Defendant Home Depot U.S.A., Inc.. Lowell B. Ritter is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Home Depot U.S.A., Inc.. (Mezias, Donna) [Transferred from California Central on 3/16/2021.]
September 15, 2020 Filing 17 Notice of Electronic Filing re Stipulation to Continue #15 e-mailed to Lowell B Ritter at lritter@akingump.com bounced due to unknown address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY [Transferred from California Central on 3/16/2021.]
August 27, 2020 Opinion or Order Filing 16 ORDER APPROVING STIPULATION TO EXTEND CLASS CERTIFICATION DATES #15 by Judge George H. Wu. The deadline for Plaintiff to file her motion for class certification continued to January 14, 2021. The deadline for Defendant to oppose Plaintiff's motion for class certification continued to February 18, 2021. The deadline for Plaintiff to file her reply in support of the motion for class certification continued to March 8, 2021; and The hearing on Plaintiff's motion for class certification continued to 8:30 a.m. on March 22, 2021. (iv) [Transferred from California Central on 3/16/2021.]
August 25, 2020 Filing 15 Joint STIPULATION to Continue Class Certification Deadlines filed by Plaintiff Janelly Sandoval. (Attachments: #1 Declaration, #2 Proposed Order)(Lee, Larry) [Transferred from California Central on 3/16/2021.]
May 21, 2020 Filing 14 ANSWER to Amended Complaint/Petition #13 Defendant Home Depot U.S.A., Inc's Answer to First Amended Complaint filed by Defendant Home Depot U.S.A., Inc..(Mezias, Donna) [Transferred from California Central on 3/16/2021.]
April 30, 2020 Filing 13 FIRST AMENDED COMPLAINT against DEFENDANT All Defendants amending Complaint - (Discovery), filed by Plaintiff Janelly Sandoval(Lee, Larry) [Transferred from California Central on 3/16/2021.]
April 30, 2020 Opinion or Order Filing 12 ORDER APPROVING JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT [ATTACHED TO STIPULATION AS EXHIBIT "A"] #11 by Judge George H. Wu. IT IS HEREBY ORDERED that: 1. Plaintiff be granted leave to file the First Amended Complaint attached to the Joint Stipulation as Exhibit A, which shall be filed within 5 days of this Court's Order; and 2. Defendant Home Depot, U.S.A., Inc. shall then file a responsive pleading within 21 days of the date Plaintiff files the First Amended Complaint. (lom) [Transferred from California Central on 3/16/2021.]
April 29, 2020 Filing 11 Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Janelly Sandoval. (Attachments: #1 Proposed Order)(Lee, Larry) [Transferred from California Central on 3/16/2021.]
April 16, 2020 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu. The Court finds that it is unnecessary to hold a hearing on the setting of dates and, therefore, takes the April 20, 2020 scheduling conference off-calendar. The Court issues the following dates: 1. The parties will have until May 1, 2020 to amend their pleadings under Fed. R. Civ. P. 15. Thereafter, any amendments must be made by motion pursuant to Fed. R. Civ. P. 16. 2. The Court will limit discovery to class certification issues until the date that is set for Plaintiff's opening brief on the motion for class certification. 3. The parties are free to file any appropriate motions during the initial pendency of this action. 4. The motion for class certification will be filed by October 16. 2020. The opposition will be filed by November 20, 2020. The reply will be filed by December 8, 2020. The hearing will be on December 21, 2020 at 8:30 a.m. (mrgo) [Transferred from California Central on 3/16/2021.]
April 10, 2020 Filing 9 RULE 26(F) REPORT filed by Defendant Home Depot U.S.A., Inc.. (Mezias, Donna) [Transferred from California Central on 3/16/2021.]
March 11, 2020 Opinion or Order Filing 8 MINUTE IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. ( Rule 26 Meeting Report due by 4/10/2020., Scheduling Conference set for 4/20/2020 at 08:30 AM before Judge George H. Wu.) (et) [Transferred from California Central on 3/16/2021.]
March 11, 2020 Opinion or Order Filing 7 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (et) [Transferred from California Central on 3/16/2021.]
March 10, 2020 Filing 6 CERTIFICATE OF SERVICE filed by defendant Home Depot U.S.A., Inc., Notice to Adverse Party and to Superior Court of Removal to Federal Court served on March 6, 2020. (Attachments: #1 Exhibit 1)(Mezias, Donna) [Transferred from California Central on 3/16/2021.]
March 5, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 3/16/2021.]
March 5, 2020 Filing 4 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 19-03, this case has been randomly reassigned to District Judge George H. Wu. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-00457 GW (SHKx). (esa) [Transferred from California Central on 3/16/2021.]
March 5, 2020 Filing 3 CERTIFICATE of Interested Parties filed by Defendant HOME DEPOT U.S.A., INC., a Delaware Corporation, identifying Home Depot U.S.A., Inc., The Home Depot, Inc., Janelly Sandoval. (Mezias, Donna) [Transferred from California Central on 3/16/2021.]
March 5, 2020 Filing 2 CIVIL COVER SHEET filed by Defendant HOME DEPOT U.S.A., INC., a Delaware Corporation. (Mezias, Donna) [Transferred from California Central on 3/16/2021.]
March 5, 2020 Filing 1 NOTICE OF REMOVAL from Riverside County Superior, case number RIC2000483 Receipt No: ACACDC-25630158 - Fee: $400, filed by defendant HOME DEPOT U.S.A., INC., a Delaware Corporation. (Attachments: #1 Declaration of Donna M. Mezias, #2 Exhibit A to Declaration of Donna M. Mezias (Complaint), #3 Exhibit B to Declaration of Donna M. Mezias (Proof of Service Summons), #4 Exhibit C to Declaration of Donna M. Mezias (Defendant's Answer to Complaint), #5 Declaration of Paige L. Troyer, #6 Declaration of G. Edward Anderson, Ph.D.) (Attorney Donna M Mezias added to party HOME DEPOT U.S.A., INC., a Delaware Corporation(pty:dft))(Mezias, Donna) [Transferred from California Central on 3/16/2021.]
March 5, 2020 CONFORMED COY OF PROOF OF SERVICE executed by Plaintiff Janelly Sandoval, upon Defendant Home Depot U.S.A., Inc. served on 2/4/2020. Service of the Summons and Complaint were executed upon CSC, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 2/7/20, submitted as document 1, attachment 3) (esa) [Transferred from California Central on 3/16/2021.]
March 5, 2020 CONFORMED COPY OF ANSWER to Complaint filed by defendant Home Depot U.S.A., Inc. (filed in state court 3/4/20, submitted as document 1, attachment 4)(esa) [Transferred from California Central on 3/16/2021.]
March 5, 2020 CONFORMED COPY OF COMPLAINT against defendants Does, Home Depot U.S.A., Inc., Jury Demand, filed by plaintiff Janelly Sandoval. (filed in state court 1/31/20, submitted as document 1, attachment 2) (esa) [Transferred from California Central on 3/16/2021.]

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Respondent: Home Depot U.S.A, Inc.
Represented By: Lowell B Ritter
Represented By: Donna M Mezias
Represented By: Gregory W Knopp
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Respondent: does 1 through 50, inclusive
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Plaintiff: Janelly Sandoval
Represented By: Larry W. Lee
Represented By: William Lucas Marder
Represented By: Dennis S Hyun
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Consolidated plaintiff: Vergie Flores
Represented By: Armond Marced Jackson
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