Gallardo v. Amazon.com Services LLC et al
| Briana Gallardo |
| Amazon.com Services LLC, Amazon.com Services Inc. and Does 1 through 25 |
| 3:2022cv00297 |
| March 4, 2022 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| Allison H Goddard |
| Labor: Other |
| 28 U.S.C. § 1441 bc Removal- Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER #40 of Dismissal. The parties' Joint Motion is granted. The stay is lifted, and pursuant to Rule 41(a)(1)(A)(ii), the fifth cause of action is dismissed without prejudice. The parties shall bear their own expenses, costs, and attorneys' fees. Upon entry of this Order, there are no unresolved claims because Gallardo's and the class claims for the first, second, third, and fourth causes of action against Amazon have already been dismissed. (See Dkt. #34 ). The Clerk is directed to terminate this case. Signed by Judge Larry Alan Burns on 9/12/2023. (rmc)
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| Filing 40 Joint MOTION to Dismiss Fifth Cause of Action by Briana Gallardo. (Attachments: #1 Proposed Order)(Waller, Robert) QC Mailer sent re: Proposed Order on 9/11/2023 (bdc). |
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Filing 39
ORDER Continuing Settlement Disposition Conference ("SDC"). SDC set for 9/6/2023 is RESET for 9/19/2023 at 2:00 PM before Magistrate Judge Allison H. Goddard. Joint email update due 9/18/2023. Signed by Magistrate Judge Allison H. Goddard on 9/5/2023.(hmw)
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| Filing 38 NOTICE OF WITHDRAWAL OF DOCUMENT by Briana Gallardo re #37 Status Report filed by Briana Gallardo . (Waller, Robert) (rmc). |
| Filing 37 ** Withdrawn per #38 ** STATUS REPORT re Plaintiff Gallardo 's Efforts to Join Fuentes Action by Briana Gallardo. (Waller, Robert) Modified on 9/6/2023 (rmc). |
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Filing 36
ORDER Setting Status Conference. Telephonic status conference set for 9/6/2023 at 10:30 AM before Magistrate Judge Allison H. Goddard. Joint email update due 9/5/2023. Signed by Magistrate Judge Allison H. Goddard on 8/17/2023.(hmw)
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| Filing 35 STATUS REPORT re Plaintiff Gallardo's Efforts to Join Fuentes Action by Briana Gallardo. (Waller, Robert) (rmc). |
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Filing 34
ORDER Granting #33 Joint Motion to Dismiss First, Second, Third, and Fourth Causes of Action; #33 Staying Fifth Cause of Action ; Denying #27 #29 Motions as Moot. The Court finds a stay is appropriate to allow Gallardo to join Fuentes, so stays the fifth cause of action. The Court orders the parties to file a joint dismissal of the fifth cause of action or a status report detailing the efforts taken by Gallardo to join Fuentes and when the parties expect the joinder will be completed on or before August 17, 2023. Additionally, in light of the parties' Joint Motion, Amazon's motion to dismiss or stay Gallardo's fifth cause of action, (Dkt. #27 ), and the parties' joint motion for determination of discovery dispute, (Dkt. #29 ), are denied as moot. Signed by Judge Larry Alan Burns on 8/3/2023. (rmc)
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| Filing 33 Joint MOTION to Dismiss Plaintiff's First, Second, Third, Fourth Causes of Action, and Staying the Fifth Cause of Action by Amazon.com Services LLC. (Cooney, Megan) (rmc). Added MOTION to Stay on 8/3/2023 (rmc). |
| Filing 32 MINUTE ORDER. Currently on calendar for Monday, May 22, 2023, at 11:15 a.m. is a hearing on the Motion to Dismiss or Stay Plaintiff's Fifth Cause of Action. #27 . Pursuant to Civil Local Rule 7.1(d)(1), the Court finds this motion suitable for decision without oral argument. Accordingly, the hearing on this motion is taken off calendar and the motion is taken under submission. No appearances will be required in this matter on Monday, May 22, 2023. (rmc) |
| Filing 31 REPLY to Response to Motion re #27 MOTION to Dismiss for Failure to State a Claim or Stay Plaintiff's Fifth Cause of Action filed by Amazon.com Services LLC. (Cooney, Megan) (rmc). |
| Filing 30 RESPONSE in Opposition re #27 MOTION to Dismiss for Failure to State a Claim or Stay Plaintiff's Fifth Cause of Action filed by Briana Gallardo. (Waller, Robert) (rmc). |
| Filing 29 Joint MOTION for Discovery (Joint Motion For Determination Of Discovery Dispute) by Amazon.com Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cooney, Megan) (rmc). |
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Filing 28
ORDER Continuing Case Management Conference ("CMC"). In light of #27 , the CMC set for 4/20/2023 is vacated. After the motion to dismiss is decided, the Court will set case management deadlines. See 20 . Signed by Magistrate Judge Allison H. Goddard on 4/7/2023.(no document attached) (hmw)
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| Filing 27 MOTION to Dismiss for Failure to State a Claim or Stay Plaintiff's Fifth Cause of Action by Amazon.com Services LLC. (Attachments: #1 Request for Judicial Notice in Support of Amazon.com Services LLCs Motion To Dismiss or Stay Plaintiffs Fifth Cause of Action)(Cooney, Megan) (rmc). |
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Filing 26
ORDER Setting Case Management Conference. In light of #21 and #25 , CMC is set for 4/20/2023 at 2:00 PM before Magistrate Judge Allison H. Goddard. Joint proposed schedule due 4/18/2023 via email. Signed by Magistrate Judge Allison H. Goddard on 3/28/2023.(hmw)
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| Filing 25 AMENDED COMPLAINT with Jury Demand Second Amended against Amazon.com Services LLC, filed by Briana Gallardo. (Waller, Robert) (rmc). |
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Filing 24
ORDER Setting Briefing Schedule for Joint Motion for Determination of Discovery Dispute (regarding Interrogatory No. 3, Interrogatory No. 4, and Request for Production No. 10). Signed by Magistrate Judge Allison H. Goddard on 3/23/2023.(hmw)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held on 3/23/2023. The Court discussed its tentative thoughts, and orders the parties to further meet and confer. Order to issue. (Plaintiff Attorneys Robert A. Waller Jr and Ryan A. Stygar). (Defendant Attorney Megan Marie Cooney). (no document attached) (hmw) |
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Filing 22
ORDER Setting Discovery Conference. Discovery Conference, regarding disputes about multiple discovery requests, set for 3/23/2023 at 1:30 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 3/21/2023.(hmw)
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Filing 21
ORDER granting in part and denying in part #8 Motion to Dismiss. Signed by Judge Larry Alan Burns on 3/13/2023. (All non-registered users served via U.S. Mail Service)(jms)
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| Filing 20 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference held on 1/9/2023. The case did not settle. After the motion to dismiss is decided, the Court will set case management deadlines. The Court reminded the parties that discovery is not phased or bifurcated, and the Court expects both sides to be reasonable. (Plaintiff Attorneys Robert A. Waller Jr. and Ryan A. Stygar). (Defendant Attorney Megan Marie Cooney). (no document attached) (hmw) |
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Filing 19
ORDER Rescheduling Early Neutral Evaluation Conference ("ENE"). The ENE scheduled for 1/11/2023 is RESET for 1/9/2023 at 2:00 PM before Magistrate Judge Allison H. Goddard. All other deadlines and procedures set forth in the Court's original Order setting the ENE (ECF No. 17) remain in place. The Court will resend a new Zoom invitation to all participants. Signed by Magistrate Judge Allison H. Goddard on 1/5/2023.(no document attached) (hmw)
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Filing 18
ORDER Rescheduling Early Neutral Evaluation Conference ("ENE"). The ENE originally scheduled for 1/4/2023 is RESET for 1/11/2023 at 9:30 AM before Magistrate Judge Allison H. Goddard. All other deadlines and procedures set forth in the Court's original Order setting the ENE (ECF No. 17) remain in place. The Court will resend a new Zoom invitation to all participants. Signed by Magistrate Judge Allison H. Goddard on 1/3/2023.(no document attached) (hmw)
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Filing 17
NOTICE AND ORDER for Early Neutral Evaluation Conference ("ENE"). Upon review of the docket (see ECF Nos. 7, 8, 10, 11, 14), good cause appearing, an ENE is set for 1/4/2023 at 9:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 11/4/2022.(hmw)
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Filing 16
ORDER Granting #15 Joint Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 11/4/2022. (hmw)
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| Filing 15 Joint MOTION for Protective Order by Amazon.com Services LLC. (Attachments: #1 Amazon's Protective Order)(Maryott, Michele) (jms). |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Waller, Robert)(jms). |
| Filing 13 MINUTE ORDER: Currently on calendar for Monday, May 23, 2022, at 11:15 a.m. is a hearing on the Motion to Dismiss the First Amended Complaint, filed by Defendants Amazon.com Services LLC, f.k.a. Amazon.com Services, Inc. (Dkt. #8 ). Pursuant to Civil Local Rule 7.1(d)(1), the Court finds this motion suitable for decision without oral argument. Accordingly, the hearing on this motion is taken off calendar and the motion is taken under submission. No appearances will be required in this matter on Monday, May 23, 2022.(jms) |
| Filing 12 NOTICE OF RELATED CASE(S) by Amazon.com Services LLC of case(s) CIVDS 1935348, CIVSB 2133593 . (Maryott, Michele) (jms). |
| Filing 11 REPLY to Response to Motion re #8 MOTION to Dismiss Under Rule 12(B)(6) filed by Amazon.com Services LLC. (Maryott, Michele) (jms). |
| Filing 10 RESPONSE in Opposition re #8 MOTION to Dismiss Under Rule 12(B)(6) filed by Briana Gallardo. (Waller, Robert) (jms). |
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Filing 9
MINUTE ORDER: Currently on calendar for Monday, April 25, 2022, at 11:15 a.m. is a hearing on the Motion to Dismiss the original Complaint, filed by Defendants Amazon.com Services LLC, f.k.a. Amazon.com Services, Inc. (Dkt. 6). Plaintiff Briana Gallardo has since filed a First Amended Complaint. The Motion to Dismiss the original Complaint (Dkt. 6) is therefore DENIED AS MOOT, and the hearing is vacated. No appearances will be required in this matter on Monday, April 25, 2022. Signed by Judge Larry Alan Burns on 4/19/2022. (jms)
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| Filing 8 MOTION to Dismiss Under Rule 12(B)(6) by Amazon.com Services LLC. (Maryott, Michele) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Briana Gallardo. (Waller, Robert) (jms). |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Amazon.com Services LLC. (Attachments: #1 Declaration of Michele L. Maryott in Support of Motion to Dismiss, #2 Exhibit A to Maryott Declaration, #3 Exhibit B to Maryott Declaration)(Maryott, Michele) (jms). |
| Filing 5 NOTICE Defendant Amazon.com Services LLCs Notice Of Filing Of Notice Of Removal Of Class Action With The Superior Court by Amazon.com Services LLC re #1 Notice of Removal,, (Attachments: #1 Table of Contents of Exhibits, #2 Exhibit A)(Maryott, Michele) (fth). |
| Filing 4 NOTICE OF RELATED CASE(S) by Amazon.com Services LLC of case(s) 4:17-CV-03820-JSW; 1:18 cv-00120-DAD-BAM; 2:20-cv-09496-JVS-SHK; 5:20-cv-02368-JVS-SHK; 1:21-cv-00667 JLT; 2:21-cv-01292-MCE-KJN; 21STCV33652; 21TRCV00672 . (Maryott, Michele) (fth). |
| Filing 3 NOTICE of Party With Financial Interest by Amazon.com Services LLC . Identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC. (Maryott, Michele) (fth). |
| Filing 2 Corporate Disclosure Statement by Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC.. (Maryott, Michele) (fth). |
| Filing 1 NOTICE OF REMOVAL With Jury Demand (Filing fee $402.00 receipt number ACASDC-16621084.), filed by Amazon.com Services LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B - State Court Complaint, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Table of Contents, #11 Proof of Service, #12 Declartion - Michelle, #13 Declaration - Zane, #14 Declaration - Denisha)The new case number is 3:22-cv-297-LAB-AHG. Judge Larry Alan Burns and Magistrate Judge Allison H. Goddard are assigned to the case.(ave)(jrd) |
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