Horton v. Americool Heating & A/C LLC et al
| Eric Horton |
| 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 |
| 2:2022cv01838 |
| December 29, 2022 |
| US District Court for the Western District of Washington |
| Lauren King |
| Barbara J Rothstein |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| None |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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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)
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Case Reassigned to Judge Barbara J. Rothstein. Judge Lauren King no longer assigned to the case. (NAW)
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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)
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Filing 23
REPLY, filed by Plaintiff Eric Horton, TO RESPONSE to #15 MOTION to Remand (Marshall, Toby)
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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)
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Filing 21
RESPONSE, by Plaintiff Eric Horton, to #16 MOTION for Judgment on the Pleadings Regarding Meal Period Claims. (Marshall, Toby)
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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)
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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)
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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)
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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)
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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)
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Filing 15
MOTION to Remand , filed by Plaintiff Eric Horton. (Attachments: #1 Proposed Order) Noting Date 3/10/2023, (Marshall, Toby)
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Filing 14
NOTICE of Appearance by attorney Jasmin Rezaie-Tirabadi on behalf of Plaintiff Eric Horton. (Rezaie-Tirabadi, Jasmin)
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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)
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Filing 12
ANSWER to Complaint; by Americool Heating & A/C LLC, Lincoln Anderson, Tamara Anderson, Melissa Upson, Norman Upson.(Smith, Devin)
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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)
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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)
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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)
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Filing 8
Notice of Filing Deficiency ***Action Required*** Attorney Admission.See attached letter for more information and instructions. (adhoc cc: Attorney Rezaie-Tirabady) (MJV)
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Filing 7
LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (MJV)
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Judge Lauren King added. (MJV)
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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)
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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)
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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)
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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)
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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)
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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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