Azizpor et al v. Lowes Home Centers, LLC
| David Azizpor, Artemio Angel, Daniel West, Edward Shubin, Robert Gregory and Ronald Bluhm |
| Lowes Home Centers, LLC |
| 3:2023cv00452 |
| March 10, 2023 |
| US District Court for the Southern District of California |
| Mitchell D Dembin |
| David D Leshner |
| Linda Lopez |
| Barbara Lynn Major |
| Jeffrey T Miller |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 fl FLSA: Fair Labor Standards Act (FLSA) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 42
MINUTE ORDER OF TRANSFER. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. The new case number is 23CV452-LL-DDL.(no document attached) (alns)
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Filing 41
NOTICE of Appearance by Joseph R. Rose on behalf of Lowes Home Centers, LLC (Rose, Joseph)Attorney Joseph R. Rose added to party Lowes Home Centers, LLC(pty:res) (ddf).
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Filing 40
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Linda Lopez and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Barbara Lynn Major no longer assigned to case. Create association to 22-cv-00545-LL-MDD. The new case number is 23CV0452-LL-MDD. Signed by Judge Cathy Ann Bencivengo on 3/17/2023. Signed by Judge Michael M. Anello on 3/17/2023.(sjt) Modified to correct related case number on 3/28/2023 (sjt).
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Filing 39
NOTICE OF RELATED CASE(S) by Lowes Home Centers, LLC of case(s) 3:22-cv-00545-LL-MDD and 3:23-cv-00461-H-BGS . (Magallanes, Katie) (anh).
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Filing 38
NOTICE of Party With Financial Interest by Lowes Home Centers, LLC . Identifying Corporate Parent Lowe's Companies, Inc. for Lowes Home Centers, LLC. (Magallanes, Katie) (anh).
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Filing 37
MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Cathy Ann Bencivengo for all further proceedings. The new case number is 23cv0452-CAB-BLM.(no document attached) (mjw)
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Filing 36
MINUTE ORDER OF RECUSAL. Pursuant to Civil Local Rule 40(c), the court, in its discretion, directs the reassignment of this case to another randomly selected District Judge. Judge Jeffrey T. Miller is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 23cv0452-BEN.(no document attached) (rfm)
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Filing 35
Judge Jeffrey T. Miller and Magistrate Judge Barbara Lynn Major assigned to transfer case from Northern District of California. (no document attached) (jpp)
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Filing 34
Case transferred in from District of California Northern; Case Number 3:23-cv-00085. Original file received electronically
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Filing 33
ORDER GRANTING JOINT STIPULATION TO TRANSFER ACTION. The matter is transferred to the Southern District of California. Signed by Judge Maxine M. Chesney on March 10, 2023. (mmclc1, COURT STAFF) (Filed on 3/10/2023) [Transferred from California Northern on 3/10/2023.]
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Remark: Case file electronically transferred to the Southern District of California. (msr, COURT STAFF) (Filed on 3/10/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 32
STIPULATION WITH PROPOSED ORDER to Transfer Action filed by Lowes Home Centers, LLC. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 3/9/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 31
ORDER DIRECTING DEFENDANT TO SUBMIT COURTESY COPIES IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on March 6, 2023. (mmclc1, COURT STAFF) (Filed on 3/6/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 30
ORDER GRANTING JOINT STIPULATION TO SUBMIT CERTAIN CLAIMS TO INDIVIDUAL ARBITRATION. Plaintiffs David Azizpor, Artemio Angel, Daniel West, Edward Shubin, and Robert Gregory are ordered to arbitrate their claims against Defendant on an individual basis. The Court shall retain jurisdiction over Plaintiffs David Azizpor, Artemio Angel, Daniel West, Edward Shubin, and Robert Gregory's claims in the event that Lowe's fails to participate in an arbitration and/or to rule on any motions to confirm or vacate arbitration awards. Plaintiffs and Defendant will bear their own fees and costs related to the claims that the Parties have agreed to submit to individual arbitration, subject to the terms of the underlying arbitration agreements, and any rights any Party may have to recover such costs as the prevailing party in arbitration. Signed by Judge Maxine M. Chesney on March 1, 2023. (mmclc1, COURT STAFF) (Filed on 3/1/2023) Modified on 3/1/2023 (mmclc1, COURT STAFF). [Transferred from California Northern on 3/10/2023.]
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Filing 29
Request for Judicial Notice re #28 MOTION to Dismiss MOTION to Transfer Case ; Memorandum of Points and Authorities filed byLowes Home Centers, LLC. (Attachments: #1 Proposed Order)(Related document(s) #28 ) (Magallanes, Katie) (Filed on 2/28/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 28
MOTION to Dismiss , MOTION to Transfer Case ; Memorandum of Points and Authorities filed by Lowes Home Centers, LLC. Motion Hearing set for 4/14/2023 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 3/14/2023. Replies due by 3/21/2023. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 2/28/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 27
STIPULATION WITH PROPOSED ORDER to Submit Certain Claims to Individual Arbitration filed by Lowes Home Centers, LLC. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 2/28/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 26
RELATED CASE ORDER. Azizpor v. Lowe's Home Center, LLC, 23-cv-00085 MMC, is related to Rodriguez v. Lowe's Home Center, LLC, 23-cv-00453 VC. The Clerk of Court is instructed to reassign the later-filed action to the undersigned. Signed by Judge Maxine M. Chesney on February 22, 2023. (mmclc1, COURT STAFF) (Filed on 2/22/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 25
Statement of Non-Opposition re #24 MOTION to Relate Case Administrative per Civil L.R. 3-12 filed byLowes Home Centers, LLC. (Related document(s) #24 ) (Magallanes, Katie) (Filed on 2/21/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 24
MOTION to Relate Case Administrative per Civil L.R. 3-12 filed by Artemio Angel, David Azizpor, Ronald Bluhm, Robert Gregory, Edward Shubin, Daniel West. (Attachments: #1 Proposed Order)(Zinovyev, Eugene) (Filed on 2/14/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 23
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/14/2023 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 4/7/2023. Signed by Judge Maxine M. Chesney on 2/13/2023. (bxs, COURT STAFF) (Filed on 2/13/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 22
ORDER DIRECTING PARTIES TO SUBMIT COURTESY COPIES OF DOC. NOS. 1 AND 18. Signed by Judge Maxine M. Chesney on 2/7/23. (mmclc2, COURT STAFF) (Filed on 2/7/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 2/6/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/6/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 20
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 2/6/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lowes Home Centers, LLC.. (Magallanes, Katie) (Filed on 2/3/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 18
NOTICE by Lowes Home Centers, LLC of Pendency of Other Action or Proceeding (Magallanes, Katie) (Filed on 1/31/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 17
NOTICE of Appearance by Elizabeth Christopher (Christopher, Elizabeth) (Filed on 1/30/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 16
NOTICE of Appearance by Kristabel Sandoval (Sandoval, Kristabel) (Filed on 1/30/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 15
NOTICE of Appearance by Eugene Zinovyev (Zinovyev, Eugene) (Filed on 1/30/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 14
NOTICE of Appearance by Ori Edelstein (Edelstein, Ori) (Filed on 1/30/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 13
NOTICE of Appearance by Katherine V.A. Smith (Smith, Katherine) (Filed on 1/24/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 12
NOTICE of Appearance by Michele Leigh Maryott (Maryott, Michele) (Filed on 1/24/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 11
CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 2/7/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/7/2023. (mkl, COURT STAFF) (Filed on 1/24/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 10
Rule 7.1 Disclosures by Lowes Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowes Home Centers, LLC. (Magallanes, Katie) (Filed on 1/23/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 9
Certificate of Interested Entities by Lowes Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowes Home Centers, LLC. (Magallanes, Katie) (Filed on 1/23/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 8
STIPULATION re #1 Complaint, for Extension of Time to Respond to Complaint filed by Lowes Home Centers, LLC. (Magallanes, Katie) (Filed on 1/23/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 7
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Artemio Angel, David Azizpor, Ronald Bluhm, Robert Gregory, Edward Shubin, Daniel West.. (Cottrell, Carolyn) (Filed on 1/18/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 6
SUMMONS Returned Executed by Ronald Bluhm, Edward Shubin, David Azizpor, Daniel West, Artemio Angel, Robert Gregory. Lowes Home Centers, LLC served on 1/10/2023, answer due 1/31/2023. (Cottrell, Carolyn) (Filed on 1/10/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 5
Summons Issued as to Lowes Home Centers, LLC. (msr, COURT STAFF) (Filed on 1/9/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 4/3/2023 . Initial Case Management Conference set for 4/10/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (msr, COURT STAFF) (Filed on 1/9/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 3
Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/20/2023. (mbc, COURT STAFF) (Filed on 1/6/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 2
Proposed Summons. (Cottrell, Carolyn) (Filed on 1/6/2023) [Transferred from California Northern on 3/10/2023.]
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Filing 1
COMPLAINT against Lowes Home Centers, LLC ( Filing fee $ 402, receipt number ACANDC-17878811.). Filed byRonald Bluhm, Edward Shubin, David Azizpor, Daniel West, Artemio Angel, Robert Gregory. (Attachments: #1 Civil Cover Sheet)(Cottrell, Carolyn) (Filed on 1/6/2023) [Transferred from California Northern on 3/10/2023.]
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