Lavery-Madruga et al v. CVS Pharmacy, Inc. et al
Plaintiff: Brenda Lavery-Madruga and James Madruga
Defendant: CVS Pharmacy, Inc., Longs Drug Stores California, LLC and Does 1 to 20
Case Number: 3:2022cv00995
Filed: July 8, 2022
Court: US District Court for the Southern District of California
Presiding Judge: Allison H Goddard
Referring Judge: Janis L Sammartino
Nature of Suit: P.I.: Other
Cause of Action: 12 U.S.C. § 1441 FHLB: Financial Inst Reform Receiving Enforcement Act 1989
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2022 Opinion or Order Filing 15 REPORT of Rule 26(f) Planning Meeting. (Durbin, James)
August 31, 2022 Opinion or Order Filing 14 REPLY in Support re #7 MOTION to Remand to State Court filed by Brenda Lavery-Madruga, James Madruga. (Attachments: #1 Proof of Service)(Durbin, James) Modified text on 9/1/2022 (tcf).
August 25, 2022 Opinion or Order Filing 13 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference is set for 8/9/2023 at 9:30 AM before Magistrate Judge Allison H. Goddard. The Memoranda of Contentions of Fact and Law is due by 9/28/2023. The Proposed Pretrial Order is due by 10/19/2023. The Final Pretrial Conference is set for 10/26/2023 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Allison H. Goddard on 8/25/2022. (All non-registered users served via U.S. Mail Service) (tcf)
August 25, 2022 Opinion or Order Filing 12 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference and Case Management Conference held on 8/25/2022. The case did not settle. CMC recorded. Scheduling Order to issue. (ECR: CMC recorded via the Court's videoconference software. 14:46-14:52). (Plaintiff Attorneys Ajay M. Kwatra and James Joseph Durbin III). (Defendant Attorney Christopher L. Bauer). (All non-registered users served via email)(no document attached) (hmw)
August 24, 2022 Opinion or Order Filing 11 RESPONSE in Opposition re #7 MOTION to Remand to State Court and Motion to Amend the Pleadings filed by CVS Pharmacy, Inc., Longs Drug Stores California, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Lenkov, Jeffrey) (tcf).
August 23, 2022 Opinion or Order Filing 10 JOINT HEARING STATEMENT by Brenda Lavery-Madruga, James Madruga. (Durbin, James) (tcf).
August 23, 2022 Opinion or Order Filing 9 ORDER. Joint Case Management Statement was due on 8/15/2022, Confidential ENE Statements were due on 8/18/2022, and Participant Contact Lists were due on 8/18/2022. Neither party has complied with any of the Court's pre-conference deadlines. The parties' failure to abide by the Court-ordered deadlines imposes an unnecessary burden on the Court and is unacceptable. The parties are directed that their Joint Case Management Statement must be filed, and Confidential ENE Statements and Participant Contact Lists must be submitted via email, no later than 8/24/2022 at 9:00 AM and shall address why each submission is being made after the court-ordered deadline. Signed by Magistrate Judge Allison H. Goddard on 8/23/2022.(All non-registered users served via email)(hmw)
August 9, 2022 Opinion or Order Filing 8 ORDER Setting Briefing Schedule for #7 Plaintiff's Motion to Remand to State Court, and Motion to Amend the Pleadings. Defendants CVS Pharmacy Inc. and Longs Drug Stores California, L.L.C., SHALL FILE their opposition to the Motion on or before 8/25/2022. Plaintiffs MAY FILE their reply, if any, on or before 9/1/2022. Upon completion of the briefing, the Motion will be deemed submitted on the papers and a ruling will issue in due course. Signed by Judge Janis L. Sammartino on 8/9/2022. (All non-registered users served via U.S. Mail Service) (tcf)
August 5, 2022 Opinion or Order Filing 7 MOTION to Remand to State Court by Brenda Lavery-Madruga, James Madruga. (Attachments: #1 Exhibit Exhibit A, #2 Proof of Service Proof of Service to Defendants)(Durbin, James)Attorney James Joseph Durbin, III added to party Brenda Lavery-Madruga(pty:pla), Attorney James Joseph Durbin, III added to party James Madruga(pty:pla) QC mailer sent re: missing motion hearing date/time (tcf).
July 8, 2022 Opinion or Order Filing 6 NOTICE AND ORDER for Early Neutral Evaluation Conference ("ENE") and Case Management Conference ("CMC"). ENE set for 8/25/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. In the event the case does not settle at the ENE, the Court will immediately thereafter hold a CMC. Signed by Magistrate Judge Allison H. Goddard on 7/8/2022.(All non-registered users served via email)(hmw)
July 8, 2022 Opinion or Order Filing 5 CERTIFICATE OF SERVICE by CVS Pharmacy, Inc. re #2 Answer to Complaint (Notice of Removal), #1 Notice of Removal, #3 Notice (Other), #4 Notice (Other) (Lenkov, Jeffrey) (tcf).
July 8, 2022 Opinion or Order Filing 4 NOTICE TO ADVERSE PARTY OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT by CVS Pharmacy, Inc. re #1 Notice of Removal, (Lenkov, Jeffrey) (tcf).
July 8, 2022 Opinion or Order Filing 3 NOTICE of Party With Financial Interest by CVS Pharmacy, Inc. re #1 Notice of Removal (Lenkov, Jeffrey) Modified text on 7/8/2022 (tcf).
July 8, 2022 Opinion or Order Filing 2 ANSWER to Complaint (Notice of Removal) by CVS Pharmacy, Inc., Does 1 to 20, Longs Drug Stores California, LLC,. (exs) (jms).
July 8, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16975474.), filed by Longs Drug Stores California, LLC,, Does 1 to 20, CVS Pharmacy, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit A, #3 Exhibit B)The new case number is 3:22-cv-995-JLS-AHG. Judge Janis L. Sammartino and Magistrate Judge Allison H. Goddard are assigned to the case.(exs) (jms).

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Plaintiff: Brenda Lavery-Madruga
Represented By: Brian C Mitchell
Represented By: Brian C. Mitchell
Represented By: James Joseph Durbin, III
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Plaintiff: James Madruga
Represented By: Brian C Mitchell
Represented By: Brian C. Mitchell
Represented By: James Joseph Durbin, III
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Defendant: CVS Pharmacy, Inc.
Represented By: Andrei-Vladimir Dumitrescu
Represented By: Jeffrey Myles Lenkov
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Defendant: Longs Drug Stores California, LLC
Represented By: Andrei-Vladimir Dumitrescu
Represented By: Jeffrey Myles Lenkov
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Defendant: Does 1 to 20
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