Horton v. Americool Heating & A/C LLC et al
Plaintiff: Eric Horton
Defendant: Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson, Americool Heating & A/C LLC a Washington limited liability company doing business as Americool Heating & Air Conditioning, Tamara Anderson and Melissa Upson
Case Number: 2:2022cv01838
Filed: December 29, 2022
Court: US District Court for the Western District of Washington
Presiding Judge: Lauren King
Referring Judge: Barbara J Rothstein
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2023 Opinion or Order Filing 28 LETTER to King County Superior Court Remanding Case to State Court. (SB) (cc: letter, remand order, and docket sheet to King County Superior Court via USPS)
May 1, 2023 Opinion or Order Filing 27 ORDER granting Plaintiff's #15 Motion to Remand. Pursuant to 28 U.S.C. 1447(c), all further proceedings in this case are REMANDED to the Superior Court for King County in the State of Washington. The Clerk of the Court shall terminate the motion pending at Docket No. #16 and CLOSE this case. Signed by Judge Barbara J. Rothstein. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 5/16/2023. (SB)
May 1, 2023 Opinion or Order Filing 26 ORDER granting Parties' #18 Stipulated MOTION to Dismiss Plaintiff's Second Claim for Relief. Plaintiff's second claim for relief, which alleges a violation of Washington's meal break laws, is DISMISSED as preempted under Section 301 of the Labor Management Relations Act, and Plaintiff is PROHIBITED from pursuing damages under the fourth and sixth claims for relief that are based on the second claim for relief. The Court RESERVES RULING on the parties' dispute over whether Plaintiff may pursue unpaid wage claims for off-the-clock performed as a result of being clocked out for a meal break not taken. Signed by Judge Barbara J. Rothstein. (SB)
April 27, 2023 Opinion or Order Filing 25 STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. by Judge Barbara J. Rothstein. (NAW)
April 27, 2023 Opinion or Order Case Reassigned to Judge Barbara J. Rothstein. Judge Lauren King no longer assigned to the case. (NAW)
March 10, 2023 Opinion or Order Filing 24 REPLY, filed by Defendants Americool Heating & A/C LLC, Lincoln Anderson, Norman Upson, TO RESPONSE to #16 MOTION for Judgment on the Pleadings Regarding Meal Period Claims (Panjini, Madhura)
March 10, 2023 Opinion or Order Filing 23 REPLY, filed by Plaintiff Eric Horton, TO RESPONSE to #15 MOTION to Remand (Marshall, Toby)
March 6, 2023 Opinion or Order Filing 22 RESPONSE, by Defendants Americool Heating & A/C LLC, Lincoln Anderson, Norman Upson, to #15 MOTION to Remand . (Attachments: #1 Proposed Order)(Smith, Devin)
March 6, 2023 Opinion or Order Filing 21 RESPONSE, by Plaintiff Eric Horton, to #16 MOTION for Judgment on the Pleadings Regarding Meal Period Claims. (Marshall, Toby)
February 28, 2023 Opinion or Order Filing 20 NOTICE TO PARTIES: The Court acknowledges receipt of the parties' #19 Joint Status Report, but finds good cause to defer entry of a case schedule pending the Court's ruling on Plaintiff's #15 MOTION to Remand. (NAW)
February 28, 2023 Opinion or Order Filing 19 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 5-7 if class certification denied; 8-12 if class certified. (Smith, Devin)
February 17, 2023 Opinion or Order Filing 18 Stipulated MOTION and [Proposed] Order to Dismiss Plaintiff's Second Claim for Relief, filed by Plaintiff Eric Horton. Noting Date 2/17/2023, (Marshall, Toby)
February 16, 2023 Opinion or Order Filing 17 DECLARATION of Devin Smith filed by Defendants Americool Heating & A/C LLC, Lincoln Anderson, Norman Upson re #16 MOTION for Judgment on the Pleadings Regarding Meal Period Claims (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Devin)
February 16, 2023 Opinion or Order Filing 16 MOTION for Judgment on the Pleadings Regarding Meal Period Claims, filed by Defendants Americool Heating & A/C LLC, Lincoln Anderson, Norman Upson. (Attachments: #1 Proposed Order) Noting Date 3/10/2023, (Smith, Devin)
January 30, 2023 Opinion or Order Filing 15 MOTION to Remand , filed by Plaintiff Eric Horton. (Attachments: #1 Proposed Order) Noting Date 3/10/2023, (Marshall, Toby)
January 27, 2023 Opinion or Order Filing 14 NOTICE of Appearance by attorney Jasmin Rezaie-Tirabadi on behalf of Plaintiff Eric Horton. (Rezaie-Tirabadi, Jasmin)
January 24, 2023 Opinion or Order Filing 13 UPDATED STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Lauren King. (NAW)
January 5, 2023 Opinion or Order Filing 12 ANSWER to Complaint; by Americool Heating & A/C LLC, Lincoln Anderson, Tamara Anderson, Melissa Upson, Norman Upson.(Smith, Devin)
January 3, 2023 Opinion or Order Filing 11 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 1/31/2023, Initial Disclosure Deadline is 2/14/2023, Joint Status Report due by 2/28/2023. Signed by Judge Lauren King. (NAW)
January 3, 2023 Opinion or Order Filing 10 STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Lauren King. (NAW)
January 3, 2023 Opinion or Order Filing 9 STANDING ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW)
December 30, 2022 Opinion or Order Filing 8 Notice of Filing Deficiency ***Action Required*** Attorney Admission.See attached letter for more information and instructions. (adhoc cc: Attorney Rezaie-Tirabady) (MJV)
December 30, 2022 Opinion or Order Filing 7 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (MJV)
December 30, 2022 Opinion or Order Judge Lauren King added. (MJV)
December 29, 2022 Opinion or Order Filing 6 CERTIFICATE of Filing Notice of Removal in State Court re #1 Notice of Removal, by Defendants Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson (Smith, Devin)
December 29, 2022 Opinion or Order Filing 5 NOTICE of Consent to Removal re #1 Notice of Removal, ; filed by Defendants Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson. (Smith, Devin)
December 29, 2022 Opinion or Order Filing 4 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson (Smith, Devin)
December 29, 2022 Opinion or Order Filing 3 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendants Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson (Attachments: #1 Exhibit A)(Smith, Devin)
December 29, 2022 Opinion or Order Filing 2 DECLARATION of D. Lincoln Anderson re #1 Notice of Removal, by Defendants Americool Heating & Air Conditioning, LLC, Lincoln Anderson, Norman Upson (Attachments: #1 Exhibit 1)(Smith, Devin)
December 29, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 22-2-19035-3; (Receipt # AWAWDC-7829494), filed by Lincoln Anderson, Norman Upson, Americool Heating & Air Conditioning, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Smith, Devin) (Additional attachment(s) added on 12/30/2022: #4 Complaint) (MJV).

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Search for this case: Horton v. Americool Heating & A/C LLC et al
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Plaintiff: Eric Horton
Represented By: Eric Riley Nusser
Represented By: Toby James Marshall
Represented By: Damian Salomon Mendez
Represented By: Jasmin Rezaie-Tirabadi
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Defendant: Americool Heating & Air Conditioning, LLC
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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Defendant: Lincoln Anderson
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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Defendant: Norman Upson
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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Defendant: Americool Heating & A/C LLC a Washington limited liability company doing business as Americool Heating & Air Conditioning
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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Defendant: Tamara Anderson
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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Defendant: Melissa Upson
Represented By: Devin Mark Smith
Represented By: Madhura Panjini
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