Martinez et al v. National Steel and Shipbuilding Company et al
| Drew Martinez and Tyon Hood |
| National Steel and Shipbuilding Company and Does l through 50 |
| 3:2021cv00663 |
| April 15, 2021 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Linda Lopez |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 0185 |
| None |
Docket Report
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This docket was last retrieved on June 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 REPLY to Response to Motion re #21 MOTION to Remand to State Court filed by Tyon Hood, Drew Martinez. (Attachments: #1 Declaration of Christine T. LeVu)(LeVu, Christine) (jrm). |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by National Steel and Shipbuilding Company. (Connaughton, E) (jrm). |
| Filing 24 REPLY - Other re #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration filed by National Steel and Shipbuilding Company. (Attachments: #1 Request for Judicial Notice, #2 Declaration)(Connaughton, E) (jrm). |
| Filing 23 NOTICE of Hearing on Motion #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration : Motion Hearing is hereby continued to 8/12/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia to be held concurrently with the Motion to Remand.(no document attached) (sc) |
Filing 22
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #21 MOTION to Remand to State Court : Responses due by 5/28/2021; Replies due by 6/4/2021; sur-replies will not be accepted. Motion Hearing set for 8/12/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 21 MOTION to Remand to State Court by Tyon Hood, Drew Martinez. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion to Remand Case to State Court)(Herman, Jeffrey) |
| Filing 20 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration and Motion to Consolidate filed by Tyon Hood, Drew Martinez. (Attachments: #1 Declaration of Christine T. LeVu, #2 Request for Judicial Notice of Exhibits 1-3)(LeVu, Christine) |
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Filing 19
ORDER BY JUDGE BATTAGLIA: Clarifying [Doc. No. 17] Notice of Document Discrepancy, Plaintiffs are granted leave to refile their Opposition to Defendant's #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration. Opposition due to 5/17/2021; Reply due by 5/24/2021. Motion hearing remains as previously scheduled.(no document attached) (sc)
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Filing 18
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #14 Response in Opposition to Motion,, from Plaintiffs Tyon Hood, Drew Martinez. Non-compliance with local rule(s), OTHER: Notice of Errata Prohibited. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia. (Attachments: #1 Rejected Document)(jrm)
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Filing 17
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #12 Response in Opposition to Motion, from Plaintiffs Tyon Hood, Drew Martinez. Non-compliance with local rule(s), Civ.L. Rule 7.1 or 47.1 - Briefs or memorandum exceed length restrictions OTHER: Chambers Rules II.A - Objections relating to the motion should be set forth in the parties opposition or reply. No separate statement of objections will be allowed. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia. (Attachments: #1 Rejected Document)(jrm)
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| Filing 16 NOTICE of Appearance by Evan Pena on behalf of National Steel and Shipbuilding Company (Pena, Evan)Attorney Evan Pena added to party National Steel and Shipbuilding Company(pty:dft) (jrm). |
| Filing 15 NOTICE of Appearance by Kelly E. Kagan on behalf of National Steel and Shipbuilding Company (Kagan, Kelly)Attorney Kelly E. Kagan added to party National Steel and Shipbuilding Company(pty:dft) (jrm). |
| Filing 14 ***Document Stricken per Order #18 *** RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration PLAINTIFFS' NOTICE OF ERRATA TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO CONSOLIDATE, MOTION TO DISMISS AND PETITION TO COMPEL ARBITRATION; AND ALL DOCUMENTS FILED IN SUPPORT THEREOF filed by Tyon Hood, Drew Martinez. (LeVu, Christine)(jrm). Modified to Strike on 5/12/2021 (jrm). (Main Document 14 replaced on 5/12/2021) (jrm). |
| Filing 13 NOTICE of Continued Hearing on Motion #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration : Motion Hearing Continued to 7/29/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) |
| Filing 12 ***Document Stricken per Order #17 *** RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration and Motion to Consolidate filed by Tyon Hood, Drew Martinez. (Attachments: # 1 Declaration DECLARATION OF CHRISTINE T. LEVU IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO CONSOLIDATE; MOTION TO DISMISS AND PETITION TO COMPEL ARBITRATION, # 2 Request for Judicial Notice PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO CONSOLIDATE; MOTION TO DISMISS AND PETITION TO COMPEL ARBITRATION, # 3 PLAINTIFS EVIDENTIARY OBJECTIONS TO DEFENDANTS MOTION TO CONSOLIDATE; MOTION TO DISMISS AND PETITION TO COMPEL ARBITRATION, # 4 [PROPOSED] ORDER GRANTING PLAINTIFFS EVIDENTIARY OBJECTIONS TO DEFENDANTS MOTION TO CONSOLIDATE; MOTION TO DISMISS AND PETITION TO COMPEL ARBITRATION)(LeVu, Christine) (jrm). Modified to strike on 5/12/2021 (jrm). (Main Document 12 replaced on 5/12/2021) (jrm). |
| Filing 11 NOTICE of Continued Hearing on Motion #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration : Due to a conflict in the Court's calendar, the motion hearing is hereby continued to 7/22/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (All non-registered users served via U.S. Mail Service)(no document attached) (sc) |
| Filing 10 NOTICE of Appearance by Christine T. LeVu on behalf of Tyon Hood, Drew Martinez (LeVu, Christine)Attorney Christine T. LeVu added to party Tyon Hood(pty:pla), Attorney Christine T. LeVu added to party Drew Martinez(pty:pla) (jrm). |
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Filing 9
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #8 MOTION to Dismiss for Failure to State a Claim MOTION to Compel Arbitration : Responses due by 5/11/2021; Replies due by 5/18/2021; sur-replies will not be accepted. Motion Hearing is continued to 6/24/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(All non-registered users served via U.S. Mail Service)(no document attached) (sc)
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| Filing 8 MOTION to Dismiss for Failure to State a Claim , MOTION to Compel Arbitration by National Steel and Shipbuilding Company. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Connie Lundgren)(Connaughton, E) (jrm). |
| Filing 7 NOTICE OF RELATED CASE(S) by National Steel and Shipbuilding Company of case(s) 3:21-cv-665-BEN-LL . (Pena, Evan) (jrm). |
| Filing 6 NOTICE of Appearance by Andrew Gavin Ronan on behalf of Tyon Hood, Drew Martinez (Ronan, Andrew)Attorney Andrew Gavin Ronan added to party Tyon Hood(pty:pla), Attorney Andrew Gavin Ronan added to party Drew Martinez(pty:pla) (jrm). |
| Filing 5 NOTICE of Appearance by Jeffrey Scott Herman on behalf of Tyon Hood, Drew Martinez (Herman, Jeffrey)Attorney Jeffrey Scott Herman added to party Tyon Hood(pty:pla), Attorney Jeffrey Scott Herman added to party Drew Martinez(pty:pla) (jrm). |
| Filing 4 NOTICE of Appearance by Aparajit Bhowmik on behalf of Tyon Hood, Drew Martinez (Bhowmik, Aparajit)Attorney Aparajit Bhowmik added to party Tyon Hood(pty:pla), Attorney Aparajit Bhowmik added to party Drew Martinez(pty:pla) (jrm). |
| Filing 3 NOTICE of Party With Financial Interest by National Steel and Shipbuilding Company. Identifying Corporate Parent General Dynamics Corporation for National Steel and Shipbuilding Company. (smd)(jms). |
| Filing 2 REQUEST FOR JUDICIAL NOTICE by National Steel and Shipbuilding Company (Attachments: #1 Declaration Part 1 - In Support of Request for Judicial Notice, #2 Declaration Part 2)(smd) (jms). |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402 receipt number ACASDC-15624873.), filed by National Steel and Shipbuilding Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Documents)The new case number is 3:21-cv-663-AJB-LL. Judge Anthony J. Battaglia and Magistrate Judge Linda Lopez are assigned to the case.(smd)(jms). |
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