Californias Favorite C-Store Company v. Automatic Data Processing, Inc. et al
| California Favorite C-Store, Company |
| Automatic Data Processing Inc and DOEs 1 to 10, inclusive |
| 3:2023cv02261 |
| October 13, 2023 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Contract: Other Contract |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (Per #29 Joint Stipulation.) (twd) |
| Filing 29 Joint STIPULATION OF DISMISSAL With Prejudice re #1 Notice of Removal,,, by Automatic Data Processing Inc. (Hoffer, Daniel) |
Filing 28
ELECTRONIC ORDER granting #26 Application for Admission Pro Hac Vice of Daniel P. Hoffer. If not already done, Applicant must register as an ECF user within 14 days. N.D. Tex. Civ. R. 5.1(f). (Ordered by Judge Jane J Boyle on 11/6/2023) (chmb)
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Filing 27
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Jeffrey A. Brand. If not already done, Applicant must register as an ECF user within 14 days. N.D. Tex. Civ. R. 5.1(f). (Ordered by Judge Jane J Boyle on 11/6/2023) (chmb)
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| Filing 26 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel P. Hoffer (Filing fee $100; Receipt number ATXNDC-14149062) filed by Automatic Data Processing Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Harrison, Robin) |
| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey A. Brand (Filing fee $100; Receipt number ATXNDC-14149033) filed by Automatic Data Processing Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Robin L Harrison added to party Automatic Data Processing Inc(pty:dft) (Harrison, Robin) |
| Filing 24 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 23 Case electronically transferred in from District of California Central; Case Number 2:23-cv-06530. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 22
MINUTES (IN CHAMBERS) ORDER GRANTING Defendant's Unopposed Motion to Transfer (Doc. #15 ) by Judge Josephine L. Staton: ADP's Motion is GRANTED and the Court TRANSFERS this action to the Northern District of Texas, Dallas Division. Case transferred electronically.(MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 10/13/2023.]
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Filing 21
ORDER/REFERRAL to ADR Procedure No 3 by Judge Josephine L. Staton. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than August 2, 2024. (gga) [Transferred from California Central on 10/13/2023.]
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| Filing 20 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (gga) [Transferred from California Central on 10/13/2023.] |
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Filing 19
(IN CHAMBERS) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 9/29/2023 is VACATED. Final Pretrial Conference set for 11/1/2024 at 10:30 a.m. *See order for deadlines set* (gga) [Transferred from California Central on 10/13/2023.]
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| Filing 18 TEXT ONLY ENTRY by Judge Josephine L. Staton. Counsel and/or the parties are advised that the Court has updated its procedures in civil cases, including procedures encouraging consent to the magistrate judge in ordinary civil cases; setting forth presumptive schedules for class certification motion briefing; simplifying the requirements for substituting named defendants for Doe defendants; clarifying requirements for submission of mandatory chambers copies of voluminous exhibits; substituting compliance with the Local Rule regarding limitations on the number of words in the parties briefing for the Courts previous page limitations on briefing; imposing further limitations on the number of words in reply briefs; updating the Courts procedures in the case of settlement, including procedures for orders imposing stays of proceedings, orders of dismissal, and retention of jurisdiction by the Court; imposing limitations on both the number of and the content of motions in limine; and clarifying trial exhibit preparation, including the requirement to prepare a separate binder of exhibits for each witness. These updates are found on the Courts procedures page, and/or the Courts Initial Standing Order and Civil Trial Order, attached thereto. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY [Transferred from California Central on 10/13/2023.] |
| Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Defendant Automatic Data Processing, Inc... (Brand, Jeffrey) [Transferred from California Central on 10/13/2023.] |
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Filing 16
MINUTE (IN CHAMBERS) ORDER DISCHARGING Order to Show Cause Re Dismissal for Lack of Subject Matter Jurisdiction by Judge Josephine L. Staton: Defendant timely responded, submitting that Californias Favorite C-Store Company is incorporated in California and has its principal place of business in California. (See OSC Response at 2, Doc. #14 .) As Defendant has now adequately alleged diversity of citizenship, the Order to Show Cause is discharged. (jp) [Transferred from California Central on 10/13/2023.]
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| Filing 15 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas filed by Defendant Automatic Data Processing, Inc.. Motion set for hearing on 10/13/2023 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Andrew Nelson in Support of Motion to Transfer Venue to United States District Court, Northern District Texas, #2 Declaration of Daniel P. Hoffer in Support of Defendant Automatic Data Processing, Inc.'s Motion to Transfer Venue to the United States District Court, Northern District of Texas, #3 Proposed Order re Motion to Transfer Venue to the United States District Court, Northern District of Texas) (Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
| Filing 14 RESPONSE filed by Defendant Automatic Data Processing, Inc.to Order to Show Cause, #13 Why This Case Should Not be Dismissed for Lack of Subject Matter Jurisdiction (Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
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Filing 13
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE Why This Case Should Not Be Dismissed for Lack of Subject Matter Jurisdiction by Judge Josephine L. Staton: Defendant is ORDERED to show cause, in writing (no longer than five (5) pages), within five (5) days of the date of this Order, why the Court should not dismiss this action for lack of subject matter jurisdiction. Failure to timely respond will result in the immediate dismissal of the case. (jp) [Transferred from California Central on 10/13/2023.]
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #11 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from California Central on 10/13/2023.] |
| Filing 11 NOTICE of Appearance filed by attorney Jeffrey Alan Brand on behalf of Defendant Automatic Data Processing, Inc. (Brand, Jeffrey) [Transferred from California Central on 10/13/2023.] |
| Filing 10 ANSWER to Complaint - (Discovery), filed by Defendant Automatic Data Processing, Inc..(Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 9/29/2023 at 10:30 a.m. (gga) [Transferred from California Central on 10/13/2023.]
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| Filing 8 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (gga) [Transferred from California Central on 10/13/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from California Central on 10/13/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 10/13/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Steve Kim. (lh) [Transferred from California Central on 10/13/2023.] |
| NON-CONFORMED COPY OF COMPLAINT against Defendants Automatic Data Processing, Inc., Does, filed by Plaintiff California Favorite C-Store, Company. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/28/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) [Transferred from California Central on 10/13/2023.] |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Automatic Data Processing, Inc., a Delaware Corporation. (Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Automatic Data Processing, Inc., a Delaware Corporation, identifying ADP Atlantic, LLC. (Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Automatic Data Processing, Inc., a Delaware Corporation. (Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV15122 Receipt No: ACACDC-35832231 - Fee: $402, filed by Defendant Automatic Data Processing, Inc., a Delaware Corporation. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit LASC Civil Case Cover Sheet, #4 Exhibit Notice of Assignment, #5 Exhibit First Amended General Order, #6 Exhibit Alternative Dispute Resolution Packet, #7 Exhibit Voluntary Efficient Litigation Stip. Packet, #8 Exhibit Civil Case Management Conf. Notice, #9 Exhibit Proof of Personal Service, #10 Declaration Declaration of Daniel P. Hoffer in Support of Defendant Automatic Data Processing, Inc.'s Notice of Removal) (Attorney Daniel P Hoffer added to party Automatic Data Processing, Inc., a Delaware Corporation(pty:dft))(Hoffer, Daniel) [Transferred from California Central on 10/13/2023.] |
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