Stafford v. Key Mechanical Co of Washington
| Audra K. Stafford and Audra K Stafford |
| Key Mechanical Co of Washington |
| 3:2021cv05063 |
| January 22, 2021 |
| US District Court for the Western District of Washington |
| Michelle L Peterson |
| Benjamin H Settle |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Defendant |
Docket Report
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| Filing 23 CONFORMED COPY RECEIVED re #22 Remand Letter to Pierce County Superior Court. (KMC) |
| Filing 22 LETTER to Pierce County Superior Court Remanding Case per #21 Order. (KMC) |
Filing 21
ORDER ADOPTING #20 REPORT AND RECOMMENDATION and granting in part Plaintiff's #13 Motion For Remand, signed by Judge Benjamin H. Settle. The #13 Motion for Remand is granted in part as to the Plaintiff's wage-based claims for travel time and overtime and DENIED in part as to Plaintiff's rest and meal break claims. Plaintiff's rest and meal break claims, as identified in her second and third cause of actions, are DISMISSED with prejudice. Plaintiff's request for attorney's fees is DENIED. The Clerk shall remand this action to Pierce County Superior Court for adjudication of Plaintiff's remaining wage-based claims and close this case. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 6/16/2021. (KMC - Modified by KMC on 6/1/2021 to correct spelling of court)
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| Filing 20 REPORT AND RECOMMENDATION re #13 MOTION to Remand filed by Audra K Stafford by Hon. Michelle L. Peterson. Objections to R&R due by 5/11/2021, Noting Date 5/14/2021. (Attachments: #1 Proposed Order)(KMP) |
| Filing 19 MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle Judge Michelle L. Peterson - Dep Clerk: tfarrell; Pla Counsel: Anne Silver, Jim Pizl, Marc Cote; Def Counsel: Darren Feider; CR: Andrea Ramirez; Time of Hearing: 1:30pm; Courtroom: via Zoom videoconference; Motion Hearing held on 3/31/2021 re: Plaintiff's #13 MOTION to Remand. Parties appear via Zoom. Court reviews record. Court hears argument on motion, conducts colloquy. For reasons stated on the record, Court takes under advisement and will send a report and recommendation to Judge Bryan Judge Settle. (TF) Modified on 4/27/2021 to correct Judge. (KMP) |
| Filing 18 REPLY, filed by Plaintiff Audra K Stafford, TO RESPONSE to #13 MOTION to Remand (Cote, Marc) |
| Filing 17 NOTICE of Oral Argument Hearing re #13 MOTION to Remand: Motion Hearing is set for 3/31/2021 at 01:30 PM before Hon. Michelle L. Peterson. The clerk will send the Zoom invitations to the parties. (TF) |
| Filing 16 PROPOSED ORDER (Unsigned) re #15 Response to Motion to Remand (Feider, Darren) |
| Filing 15 RESPONSE, by Defendant Key Mechanical Co of Washington, to #13 MOTION to Remand . Oral Argument Requested. (Feider, Darren) |
| Filing 14 JOINT STATUS REPORT signed by all parties. (Cote, Marc) |
| Reset Deadline: Upon the request of the parties, and with good cause, the Rule 26(a)(1) Initial Disclosures Deadline is extended to 3/15/2021. (TF) |
| Filing 13 MOTION to Remand , filed by Plaintiff Audra K Stafford. Oral Argument Requested. (Attachments: #1 Supplement Declaration of Anne E Silver, #2 Proposed Order Proposed Order Granting Motion) Noting Date 3/19/2021, (Cote, Marc) |
| Reset Deadline: Upon the request of the parties, and with good cause, the FRCP 26(f) Conference Deadline is extended to 3/1/2021. (TF) |
| Attorney Anne E. Silver added for Audra K Stafford, per #12 Notice of Appearance. (KMC) |
| Filing 12 NOTICE of Appearance by attorney Marc C Cote on behalf of Plaintiff Audra K Stafford. (Cote, Marc) |
| Filing 11 DEMAND for JURY TRIAL by Defendant Key Mechanical Co of Washington (Feider, Darren) |
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Filing 10
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 3/15/2021, FRCP 26(f) Conference Deadline is 2/22/2021, Initial Disclosure Deadline is 3/8/2021, by Hon. Michelle L. Peterson. (TF)
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| Filing 9 MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to Judge Benjamin H. Settle and referred to Hon. Michelle L. Peterson pursuant to Local Rule MJR 6 and Amended General Order 02-19. (KMP) |
| Filing 8 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal (re attached State Court Complaint). by Key Mechanical Co of Washington.(Feider, Darren) |
| Filing 7 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 2/3/2021. Please Note: Forms must not be electronically filed with the Court. (KMP) |
| Filing 6 LETTER from Clerk re receipt of case from Pierce County Superior Court and advising of WAWD case number and judge assignment. (MET) |
| Hon. Michelle L. Peterson added. (MET) |
| Filing 5 VERIFICATION OF STATE COURT RECORDS by Defendant Key Mechanical Co of Washington (Attachments: #1 Exhibit Exhibit A)(Feider, Darren) |
| Filing 4 CERTIFICATE of Filing Notice to Plaintiff and Pierce County Court Clerk of Removal to Federal Court by Defendant Key Mechanical Co of Washington (Attachments: #1 Exhibit)(Feider, Darren) |
| Filing 3 DECLARATION of Frank Leonard In Support of Key Mechanical Co. of Washington's Notice of Removal re #1 Notice of Removal by Defendant Key Mechanical Co of Washington (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Feider, Darren) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Key Mechanical Co of Washington (Feider, Darren) |
| Filing 1 NOTICE OF REMOVAL from Pierce County Superior Court, case number 20-2-08973-2; (Receipt # AWAWDC-6893027), filed by Key Mechanical Co of Washington. (Attachments: #1 Civil Cover Sheet, #2 Complaint)(Feider, Darren) |
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