Suarez-Marcial v. Western Refining Retail, LLC et al
Plaintiff: Marisol Suarez-Marcial
Defendant: Western Refining Retail, LLC and Does 1 through 100
Case Number: 3:2021cv00570
Filed: April 1, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Daniel E Butcher
2 Judge: Marilyn L Huff
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2021 Opinion or Order Filing 16 ORDER Remanding Case. Signed by Judge Cathy Ann Bencivengo on 7/13/2021.(All non-registered users served via U.S. Mail Service)(Certified copy mailed to San Diego Superior Court)(anh)
July 9, 2021 Filing 15 Minute Order: Due to an inadvertent error in the Courts Order to Show Cause filed June 25, 2021 [Doc. No. #12 ], Plaintiffs deadline to file a response to the OSC, if she so chooses, is hereby extended to July 12, 2021.(anh)
July 8, 2021 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Western Refining Retail, LLC re #12 Order to Show Cause. (Attachments: #1 Declaration Brayden Collins, #2 Proof of Service)(Booth, Laura) (anh).
June 30, 2021 Filing 13 REPLY to Response to Motion re #10 MOTION to Dismiss for Failure to State a Claim Re Plaintiff's First Amended Complaint filed by Western Refining Retail, LLC. (Attachments: #1 Proof of Service)(Booth, Laura) (jpp).
June 25, 2021 Opinion or Order Filing 12 ORDER TO SHOW CAUSE. Signed by Judge Cathy Ann Bencivengo on 6/25/2021.(anh)
June 16, 2021 Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim Re Plaintiff's First Amended Complaint filed by Marisol Suarez-Marcial. (Kanter, Elliott) (anh).
June 3, 2021 Filing 10 MOTION to Dismiss for Failure to State a Claim Re Plaintiff's First Amended Complaint by Western Refining Retail, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Booth, Laura) (anh).
May 20, 2021 Filing 9 AMENDED COMPLAINT with Jury Demand against Marisol Suarez-Marcial, filed by Marisol Suarez-Marcial. (Kanter, Elliott)(anh).
April 30, 2021 Opinion or Order Filing 8 ORDER :(1) Granting Joint Motion Permitting Plaintiff to File First Amended Complaint [Doc. No. #7 ]; and (2) Denying Without Prejudice and as Moot Motion to Dismiss [Doc. No. #6 ]. Signed by Judge Cathy Ann Bencivengo on 4/29/2021. (anh)
April 28, 2021 Filing 7 Joint MOTION to Amend/Correct Plaintiff's Complaint by Marisol Suarez-Marcial. (Kanter, Elliott) (anh).
April 8, 2021 Filing 6 MOTION to Dismiss for Failure to State a Claim by Western Refining Retail, LLC. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss, #2 Proof of Service)(Booth, Laura) (anh).
April 8, 2021 Filing 5 CERTIFICATE OF SERVICE by Western Refining Retail, LLC re #1 Notice of Removal, Notice to Adverse Party of Removal to Federal Court (Attachments: #1 Exhibit A - COS of Notice to Adverse Party of Removal to Federal Court, #2 Proof of Service)(Booth, Laura) (anh).
April 8, 2021 Filing 4 CERTIFICATE OF SERVICE by Western Refining Retail, LLC re #1 Notice of Removal, Notice to Clerk of Removal to Federal Court (Attachments: #1 Exhibit A - COS of Notice to Clerk of Removal to Federal Court, #2 Proof of Service)(Booth, Laura) (anh).
April 5, 2021 Opinion or Order Filing 3 MINUTE ORDER OF RECUSAL: Judge Marilyn L. Huff hereby recuses from this case and directs the Clerk to randomly reassign this case to another district judge. This case is randomly reassign to Judge Cathy Ann Bencivengo for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this matter. The new case number is 21-cv-0570-CAB-DEB. SO ORDERED by Judge Marilyn L. Huff on 4/5/2021. (no document attached) (smy)
April 1, 2021 Filing 2 NOTICE of Party With Financial Interest by Western Refining Retail, LLC. Identifying Corporate Parent Speedway Western Holdings LLC, Other Affiliate Giant Industries, Inc., Other Affiliate Western Refining, Inc., Other Affiliate Marathon Petroleum Corporation, Other Affiliate Marathon Petroleum Western Holdings LLC , Other Affiliate TTC Holdings LLC, Other Affiliate Andeavor LLC for Western Refining Retail, LLC. (zda) Modified on 4/2/2021 to update docket text (zda).
April 1, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-15578793.), filed by Western Refining Retail, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration Laura Booth, #3 Declaration Abbie Woodward, #4 Proof of Service)The new case number is 3:21-cv-570-H-DEB. Judge Marilyn L. Huff and Magistrate Judge Daniel E. Butcher are assigned to the case.(zda) (jms).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Suarez-Marcial v. Western Refining Retail, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Western Refining Retail, LLC
Represented By: Laura Marie Booth
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1 through 100
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Marisol Suarez-Marcial
Represented By: Elliott N Kanter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?