Rodriguez et al v. Lowe's Home Centers, LLC
| Juan Rodriguez, Alexandria Blackwell, Bryant Hernandez, Charlene Cannon, Eric Greimann, Isabella Islas, Lisa Leon, Skymeisha Glamours, Skymeisha Butts and Oscar Garcia |
| Lowe's Home Centers, LLC and Lowe |
| 3:2023cv00461 |
| March 13, 2023 |
| US District Court for the Southern District of California |
| Marilyn L Huff |
| David D Leshner |
| Linda Lopez |
| Bernard G Skomal |
| 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 May 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 32 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 23CV461-LL-DDL.(no document attached) (alns) |
| Filing 31 NOTICE of Appearance by Joseph R. Rose on behalf of Lowe's Home Centers, LLC (Rose, Joseph)Attorney Joseph R. Rose added to party Lowe's Home Centers, LLC(pty:res) (ddf). |
Filing 30
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 Marilyn L. Huff, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:22-cv-00545-LL-MDD. The new case number is 3:23-cv-00461-LL-MDD. Signed by Judge Marilyn L. Huff on 3/21/2023. Signed by Judge Linda Lopez on 3/17/2023.(jrm)
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| Filing 29 NOTICE OF RELATED CASE(S) by Lowe's Home Centers, LLC of case(s) 3:22-cv-00545-LL-MDD and 3:23-cv-00452-CAB-BLM . (Magallanes, Katie) Proposed LNO previously sent to chambers (jms). |
| Filing 28 NOTICE of Party With Financial Interest by Lowe's Home Centers, LLC . Identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC. (Magallanes, Katie) (jms). |
| Filing 26 Case transferred in from District of California Northern; Case Number 3:23-cv-00453. Original file received electronically |
| Filing 27 Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal assigned to transfer case from Northern District of California. (no document attached) (jpp) |
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Filing 25
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 3/14/2023.]
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| Filing 24 STIPULATION WITH PROPOSED ORDER to Transfer Action filed by Lowe's Home Centers, LLC. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 3/10/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 23 Request for Judicial Notice re #22 MOTION to Dismiss MOTION to Transfer Case Memorandum of Points and Authorities filed byLowe's Home Centers, LLC. (Attachments: #1 Proposed Order)(Related document(s) #22 ) (Magallanes, Katie) (Filed on 3/2/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 22 MOTION to Dismiss , MOTION to Transfer Case Memorandum of Points and Authorities filed by Lowe's 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 3/16/2023. Replies due by 3/23/2023. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 3/2/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 21 NOTICE by Lowe's Home Centers, LLC of Pendency of Other Action or Proceeding (Magallanes, Katie) (Filed on 3/1/2023) [Transferred from California Northern on 3/14/2023.] |
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Filing 20
ORDER RE JOINT STIPULATION TO SUBMIT CERTAIN CLAIMS TO INDIVIDUAL ARBITRATION AND DISMISS PLAINTIFF ISLAS FROM THIS ACTION. Plaintiffs Alexandria Blackwell, Charlene Cannon, Bryant Hernandez, Lisa Leon, Skymeisha Butts, and Oscar Garcia are ordered to arbitrate their claims against Defendant on an individual basis. The Court shall retain jurisdiction over Plaintiffs Alexandria Blackwell, Charlene Cannon, Bryant Hernandez, Lisa Leon, Skymeisha Butts, and Oscar Garcia'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. The clerk shall enter the Parties' stipulated dismissal with prejudice of Plaintiff Isabella Islas from this action. 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) [Transferred from California Northern on 3/14/2023.]
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| Filing 19 STIPULATION WITH PROPOSED ORDER to Submit Certain Claims to Individual Arbitration and Dismiss Plaintiff Islas From This Action filed by Lowe's Home Centers, LLC. (Attachments: #1 Proposed Order)(Magallanes, Katie) (Filed on 2/28/2023) [Transferred from California Northern on 3/14/2023.] |
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Filing 18
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 2/23/2023. (tl, COURT STAFF) (Filed on 2/23/2023) [Transferred from California Northern on 3/14/2023.]
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Vince Chhabria 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 2/23/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/23/2023) [Transferred from California Northern on 3/14/2023.]
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Filing 16
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 3/14/2023.]
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| Filing 15 AMENDED COMPLAINT First Amended Complaint against Lowe's Home Centers, LLC. Filed byIsabella Islas, Bryant Hernandez, Lisa Leon, Alexandria Blackwell, Charlene Cannon, Juan Rodriguez, Eric Greimann, Skymeisha Butts, Oscar Garcia. (Cottrell, Carolyn) (Filed on 2/16/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 14 Certificate of Interested Entities by Lowe's Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC. (Magallanes, Katie) (Filed on 2/15/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 13 Corporate Disclosure Statement by Lowe's Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC. (Magallanes, Katie) (Filed on 2/15/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 12 NOTICE of Appearance by Katherine V.A. Smith (Smith, Katherine) (Filed on 2/15/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 11 NOTICE of Appearance by Michele Leigh Maryott (Maryott, Michele) (Filed on 2/15/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 10 STIPULATION for Extension of Time to Respond to Complaint filed by Lowe's Home Centers, LLC. (Magallanes, Katie) (Filed on 2/15/2023) [Transferred from California Northern on 3/14/2023.] |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Thomas S. Hixson 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 02/03/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 2/3/2023) [Transferred from California Northern on 3/14/2023.]
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| Filing 8 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. (rmm2, COURT STAFF) (Filed on 2/3/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alexandria Blackwell, Charlene Cannon, Skymeisha Glamours, Eric Greimann, Bryant Hernandez, Isabella Islas, Lisa Leon, Juan Rodriguez.. (Cottrell, Carolyn) (Filed on 2/3/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 6 SUMMONS Returned Executed by Isabella Islas, Bryant Hernandez, Lisa Leon, Alexandria Blackwell, Skymeisha Glamours, Charlene Cannon, Juan Rodriguez, Eric Greimann. Lowe's Home Centers, LLC served on 2/2/2023, answer due 2/23/2023. (Cottrell, Carolyn) (Filed on 2/3/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 5 Summons Issued as to Lowe's Home Centers, LLC. (cv, COURT STAFF) (Filed on 2/1/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 4 Proposed Summons. (Cottrell, Carolyn) (Filed on 2/1/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 3 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 4/27/202 3. Initial Case Management Conference set for 5/4/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (cv, COURT STAFF) (Filed on 2/1/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 2 Case assigned to Magistrate Judge Thomas S. Hixson. 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 2/14/2023. (cv, COURT STAFF) (Filed on 1/31/2023) [Transferred from California Northern on 3/14/2023.] |
| Filing 1 COMPLAINT Class, Collective and Representative against Lowe's Home Centers, LLC ( Filing fee $ 402, receipt number ACANDC-17946329.). Filed byIsabella Islas, Bryant Hernandez, Lisa Leon, Alexandria Blackwell, Skymeisha Glamours, Charlene Cannon, Juan Rodriguez, Eric Greimann. (Attachments: #1 Civil Cover Sheet)(Cottrell, Carolyn) (Filed on 1/31/2023) [Transferred from California Northern on 3/14/2023.] |
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