Lopez v. FedEx Office and Print Services, Inc. et al
| Norma Lopez |
| FedEx Office and Print Services, Inc. and Does 1 through 50 |
| 3:2023cv02155 |
| November 22, 2023 |
| US District Court for the Southern District of California |
| Steve B Chu |
| Jinsook Ohta |
| Thomas J Whelan |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 lr Diversity - Labor |
| None |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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Filing 16
Minute Order by Judge Jinsook Ohta: The Court sets oral argument on Plaintiff's motion to remand [Dkt. 6] for January 31, 2024 at 9:30 AM before Judge Jinsook Ohta. The parties may appear in person or may appear by videoconference. The courtroom deputy will provide the videoconferencing information to counsel prior to the hearing. The parties may also contact chambers to reschedule oral argument to another Wednesday morning if necessary. Signed by Judge Jinsook Ohta on 01/18/2024.(cem)
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| Filing 15 Defendant FedEx Office and Print Services, Inc.'s Opposition to Plaintiff's Motion to Remand (Attachments: #1 Declaration of Karen Berglas, #2 Declaration of James M. Peterson, #3 Declaration of Kyle W. Nageotte, #4 Request for Judicial Notice)(Nageotte, Kyle) (exs). |
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Filing 14
Minute Order by Judge Jinsook Ohta: The Court GRANTS Plaintiff's motion to stay [Dkt. 10] Defendants' motion to compel arbitration [Dkt. 8] until the Court addresses Plaintiff's motion to remand [Dkt. 6]. See Steel Co. v. Citizens for a Better Environ., 523 U.S. 83, 94-95 (1998) (establishing that a federal court must confirm that it retains subject matter jurisdiction before adjudicating the issues presented). If the Court denies the motion to remand and confirms its subject matter jurisdiction, the Court will reset a hearing date for Defendants' motion to compel arbitration. Signed by Judge Jinsook Ohta on 01/03/2024.(cem)
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| Filing 13 Plaintiffs Reply Brief re: Motion to Set Briefing Schedule; and/or Stay Opposition and Reply to Motion to Compel Arb., Pending Adjudication of Motion to Remand (Ferraro, Nicholas) (exs). |
| Filing 12 Opposition to Plaintiff's Motion to Set Briefing Schedule: and/or Stay Opposition and Reply to Motion to Compel Arbitration, Pending Adjudication of Motion to Remand (Attachments: #1 Declaration of Kyle W. Nageotte)(Nageotte, Kyle) (exs). |
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Filing 11
Minute Order by Judge Jinsook Ohta: Hearing on Plaintiff's Motion for Extension of Time to File Response/Reply is set for January 10, 2024 at 09:00 AM before Judge Jinsook Ohta. There will be no oral argument and the matter will be submitted unless otherwise later directed by the Court. Pursuant to the district's local rules, briefing opposing the motion is due on December 27, 2023, and briefing replying to the opposition is due on January 3, 2024. Signed by Judge Jinsook Ohta on 12/22/2023.(cem)
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| Filing 10 MOTION for Extension of Time to File Response/Reply by Norma Lopez. (Attachments: #1 Memo of Points and Authorities re: Briefing Schedule, #2 Declaration of Nicholas J. Ferraro re: Briefing Schedule, #3 Exhibit 1 - Draft Joint Stip., #4 Exhibit 2 - Meet and Confer)(Ferraro, Nicholas) (dim). |
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Filing 9
ORDER Vacating Video Early Neutral Evaluation and Case Management Conferences and Related Deadlines. Signed by Magistrate Judge Steve B. Chu on 12/14/2023.(exs)
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| Filing 8 Notice of Motion and Motion to Compel Arbitration of Plaintiff's Individual PAGA Claims and to Dismiss the Non-Individual PAGA Claims by Defendant FedEx Office & Print Services, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kyle W. Nageotte, #3 Declaration of Karen Berglas)(Nageotte, Kyle) (exs). |
| Filing 7 Declaration of Nicholas J. Ferraro re: Civil Chambers Rule (II)(A) Meet and Confer Obligation(Attachments: #1 Exhibit 1 to Ferraro Declaration)(Ferraro, Nicholas) (exs). |
| Filing 6 Plaintiffs Notice of Motion and Motion to Remand (28 U.S.C. 1447) (Attachments: #1 Memo of Points and Authorities in Support of Plaintiff's Motion to Remand (28 U.S.C. 1447), #2 Declaration of Nicholas J. Ferraro in Support of Plaintiff's Motion to Remand, #3 Exhibit 1 to Ferraro Declaration, #4 Exhibit 2 to Ferraro Declaration, #5 Declaration of Norma Lopez in Support of Plaintiff's Motion to Remand, #6 Exhibit 1 to Lopez Declaration, #7 Exhibit 2 to Lopez Declaration, #8 Exhibit 3 to Lopez Declaration, #9 Exhibit 4 to Lopez Declaration)(Ferraro, Nicholas) (exs). |
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Filing 5
NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 1/26/2024 at 10:00 AM before Magistrate Judge Steve B. Chu. Case Management Conference set for 1/26/2024 at 10:00 AM before Magistrate Judge Steve B. Chu. Signed by Magistrate Judge Steve B. Chu on 11/29/2023.(djk)
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| Filing 4 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Jinsook Ohta for all further proceedings. The new case number is 23-cv-02155-JO-SBC.(no document attached) (exs) |
| Filing 3 NOTICE of Party With Financial Interest by FedEx Office and Print Services, Inc.. No Parties With Financial Interest. (dim) (sjt). |
| Filing 2 ANSWER to Complaint (Notice of Removal) by FedEx Office and Print Services, Inc.. (dim) (sjt). (Main Document 2 replaced on 11/22/2023) (dim). |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402 receipt number ACASDC-18370546.), filed by FedEx Office and Print Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Kyle W. Nageotte in Support of Notice of Removal, #5 Proof of Service)The new case number is 3:23-cv-2155-W-SBC. Judge Thomas J. Whelan and Magistrate Judge Steve B. Chu are assigned to the case.(dim) (sjt). (Attachment 3 replaced on 11/22/2023) (dim). |
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