Torres, et al. v. Rexel USA, Inc.
California Eastern District Court | |
Judge: | Ana De Alba |
Referred: | Barbara A Mcauliffe |
Case #: | 1:20-cv-01697 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 28:1441 Petition for Removal |
Case Filed: | Dec 02, 2020 |
Terminated: | Jan 12, 2023 |
Case in other court: | Stanislaus County Superior Court, CV-20-004823 |
Last checked: Monday May 31, 2021 2:40 AM PDT |
Defendant
Rexel USA, Inc.
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Represented By
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Plaintiff
Gerardo Torres
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Represented By
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Plaintiff
Tawni Vandagriff
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Represented By
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Docket last updated: 10 hours ago |
Thursday, January 12, 2023 | ||
47 | 47
![]() ORDER GRANTING46 Stipulation to Remand to State Court, signed by District Judge Ana de Alba on 01/11/2023. REMANDING CASE to Stanislaus Superior Court. Certified copy of remand order sent to other court. CASE CLOSED.(Maldonado, C) |
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Tuesday, January 10, 2023 | ||
46 | 46
![]() STIPULATION and PROPOSED ORDER for Remand by Gerardo Torres.(Lee, Jonathan) |
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Att: 1
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Att: 2
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Monday, October 31, 2022 | ||
45 | 45
![]() ORDER VACATING42 Findings and Recommendations Regarding Dismissal of Action for Failure to Obey Court Orders signed by Magistrate Judge Barbara A. McAuliffe on 10/28/2022.(Sant Agata, S) |
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Thursday, October 27, 2022 | ||
44 | 44
![]() OBJECTIONS by Plaintiff Gerardo Torres. (Lee, Jonathan) |
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Thursday, October 20, 2022 | ||
43 | 43
![]() STIPULATION to Remand Action to California Superior Court by Gerardo Torres, Tawni Vandagriff.(Lee, Jonathan) |
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Att: 1
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Thursday, October 13, 2022 | ||
42 | 42
![]() FINDINGS and RECOMMENDATIONS recommending that this action be dismissed re12 Amended Complaint filed by Gerardo Torres, Tawni Vandagriff ; referred to Judge Ana de Alba, signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2022. (Objections to F&R due within 14-Day Deadline)(Martin-Gill, S) |
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Friday, September 30, 2022 | ||
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 09/30 11:10 AM
MINUTE ORDER (TEXT Only): ORDER to SHOW CAUSE: On July 7, 2022, following the parties' report that they had reached a settlement in principle of all claims in this matter on a class action basis, the Court ordered the parties to file appropriate documents to conclude this action no later than July 28, 2022. (Doc. 39 .) To date, no documents have been filed in compliance with the Court's order. Accordingly, within seven (7) days of the date of this order, the parties are ORDERED to show cause, if any, why sanctions should not be imposed for failing to file appropriate documents to conclude this action. The parties may comply with this order by filing either (1) a status report outlining the status of the settlement and explaining why the appropriate documents have not been filed, or (2) appropriate papers to dismiss or conclude this action. The parties are advised that failure to respond to this Order to Show Cause may result in dismissal of this action. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/30/2022. (Valdez, E) |
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Wednesday, August 24, 2022 | ||
40 | 40
![]() ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Lawrence, A) |
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Thursday, July 07, 2022 | ||
order
Minute Order ~Util - 1 Terminate Deadlines and Hearings ~Util - 1 Set/Reset Deadlines and Hearings
Thu 07/07 9:19 AM
MINUTE ORDER (TEXT Only): The Court has received and reviewed the Joint Status Report filed on July 6, 2022. (Doc.38 .) The parties report that they have reached a settlement in principle of all claims in this matter on a class action basis. Pursuant to Local Rule 160, this Court ORDERS the parties, no later than July 28, 2022, to file appropriate papers to conclude this action in its entirety. This Court VACATES all pending dates and matters, including the Status Conference set for July 13, 2022. Failure to comply with this order may be grounds for the imposition of sanctions on counsel or parties who contributed to violation of this order. See Local Rule 160 and Local Rule 272. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/7/2022. (Rivera, O) |
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Wednesday, July 06, 2022 | ||
38 | 38
![]() JOINT STATUS REPORT by Gerardo Torres. (Lee, Jonathan) |
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Monday, June 06, 2022 | ||
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Mon 06/06 11:09 AM
MINUTE ORDER (TEXT Only): The Court has received and reviewed the Joint Status Report filed on June 3, 2022. (Doc.36 .) Based on the status of mediation scheduled for June 24, 2022, the FURTHER STATUS CONFERENCE set for 6/8/2022 is HEREBY CONTINUED to July 13, 2022, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of mediation and proposing dates for class certification discovery. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 6/6/2022. (Valdez, E) |
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Friday, June 03, 2022 | ||
36 | 36
![]() JOINT STATUS REPORT by Rexel USA, Inc.. (Szwarcsztejn, Alejandro) |
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Friday, April 08, 2022 | ||
34 | 34
![]() JOINT STATUS REPORT by Rexel USA, Inc.. (Szwarcsztejn, Alejandro) |
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 04/08 5:25 PM
MINUTE ORDER (TEXT Only): The Court has received and reviewed the Joint Status Report filed on April 8, 2022. (Doc.34 .) Based on the status of mediation, the FURTHER STATUS CONFERENCE set for 4/14/2021 is HEREBY CONTINUED to June 8, 2022, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of mediation and proposing dates for class certification discovery. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/8/2022. (Valdez, E) |
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Thursday, February 03, 2022 | ||
33 | 33
![]() ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Jennifer L. Thurston* to * District Judge Dale A. Drozd* for all further proceedings. (Jessen, A) |
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minutes
Status Conference ~Util - 1 Terminate Deadlines and Hearings
Thu 02/03 12:03 PM
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 2/3/2022: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Robert Drexler appeared via Zoom video - present. Defendant's Counsel: David Szwarcsztejn appeared via Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E) |
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 02/03 12:07 PM
MINUTE ORDER (TEXT Only): On February 3, 2022, the Court held a Status Conference by Zoom video. The Court and parties discussed scheduling of this action, including setting deadlines for class certification discovery. The parties informed the Court that they are attempting to schedule a second mediation session and that they have continued with informal discovery. At Plaintiffs' request, the Court opened formal discovery. As agreed at the conference, a FURTHER STATUS CONFERENCE is set for April 14, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address the status of mediation and to set class certification discovery deadlines. At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of mediation and proposing dates for class certification discovery. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/3/2022. (Valdez, E) |
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Friday, January 28, 2022 | ||
30 | 30
![]() JOINT STATUS REPORT by Gerardo Torres, Tawni Vandagriff. (Lee, Jonathan) |
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Wednesday, January 26, 2022 | ||
29 | 29
![]() NOTICE STANDING ORDER OF DISTRICT JUDGE JENNIFER L. THURSTON by Rexel USA, Inc. re28 Standing Order. (Claxton, Linda) |
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Tuesday, January 25, 2022 | ||
28 | 28
![]() STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Jessen, A) |
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Wednesday, January 19, 2022 | ||
26 | 26
![]() STIPULATION and PROPOSED ORDER for Continue Further Status Conference by Rexel USA, Inc..(Szwarcsztejn, Alejandro) |
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Att: 1
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Wed 01/19 3:16 PM
MINUTE ORDER (TEXT only): Having considered the parties' joint stipulation to continue the further status conference (Doc.26 ), and good cause appearing, the FURTHER STATUS CONFERENCE currently set for 1/20/2022 is HEREBY CONTINUED to February 3, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of this action. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2022. (Apodaca, P) |
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Friday, January 07, 2022 | ||
25 | 25
![]() ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Sant Agata, S) |
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Thursday, December 09, 2021 | ||
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 12/09 3:52 PM
MINUTE ORDER (Text Only): The Court has received and reviewed the Joint Status Report filed on December 7, 2021. (Doc.23 .) Based on the parties' request to continue the Status Conference a second time while the parties continue with informal discovery exchanges and attempt to reach a resolution of this action, and good cause appearing, the FURTHER STATUS CONFERENCE set for 12/14/2021 is HEREBY CONTINUED to January 20, 2022 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of this action. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/9/2021. (Valdez, E) |
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Tuesday, December 07, 2021 | ||
23 | 23
![]() JOINT STATUS REPORT by Rexel USA, Inc.. (Szwarcsztejn, Alejandro) |
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Tuesday, November 09, 2021 | ||
22 | 22
![]() NOTICE of RELATED CASE(S) 1:21-cv-01621-AWI-JLT by Rexel USA, Inc.. (Claxton, Linda) |
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Thursday, October 28, 2021 | ||
21 | 21
![]() ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Gonzalez, R) |
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Thursday, October 21, 2021 | ||
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 10/21 9:07 AM
MINUTE ORDER (Text Only): The Court has received and reviewed the Joint Status Report filed on October 20, 2021. (Doc.19 .) Based on the parties' request to continue the Status Conference while the parties continue with informal discovery exchanges and attempt to reach a resolution of this action, and good cause appearing, the FURTHER STATUS CONFERENCE set for 10/26/2021 is HEREBY CONTINUED to December 14, 2021, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . At least one (1) full week prior to the conference, the parties shall file a joint report informing the Court of the status of this action. The parties shall appear at the conference remotely either by Zoom video conference or Zoom telephone conference. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/21/2021. (Valdez, E) |
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Wednesday, October 20, 2021 | ||
19 | 19
![]() JOINT STATUS REPORT by Rexel USA, Inc.. (Szwarcsztejn, Alejandro) |
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Tuesday, August 31, 2021 | ||
minutes
Status Conference ~Util - 1 Terminate Deadlines and Hearings
Tue 08/31 10:02 AM
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 8/31/2021: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Molly DeSario appeared by Zoom video - present. Defendant's Counsel David Szwarcsztejn appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E) |
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 08/31 10:05 AM
MINUTE ORDER (TEXT Only): On August 31, 2021, the Court held a Status Conference by Zoom video. The parties informed the Court that mediation is scheduled for October 13, 2021. In light of the scheduled mediation, and as agreed at the conference, the Court sets a FURTHER STATUS CONFERENCE on October 26, 2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . No later than October 20, 2021 , the parties shall file a brief status report updating the Court on the outcome of mediation and the status of this action. The parties shall appear at the conference remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2021. (Valdez, E) |
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Wednesday, August 25, 2021 | ||
order
Minute Order
Wed 08/25 12:46 PM
MINUTE ORDER (TEXT Only): (TIME CHANGE ONLY) The Status Conference currently set for August 31, 2021, at 8:30 AM has been reset the same day, August 31, 2021, to 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . The parties shall appear at the conference remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/25/2021. (Valdez, E) |
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Wednesday, May 19, 2021 | ||
15 | 15
![]() ANSWER by Rexel USA, Inc..(Szwarcsztejn, Alejandro) |
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Monday, May 17, 2021 | ||
14 | 14
![]() ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT REXEL USA, INC.S TIME TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT, signed by Magistrate Judge Barbara A. McAuliffe on 05/17/2021. ( Responses due by 5/19/2021)(Martin-Gill, S) |
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Friday, May 14, 2021 | ||
13 | 13
![]() STIPULATION and PROPOSED ORDER for Defendant Rexel USA, Inc.'s Time to respond to Plaintiff's First Amended Complaint re12 Amended Complaint by Rexel USA, Inc.. Attorney Szwarcsztejn, Alejandro David added.(Szwarcsztejn, Alejandro) |
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Att: 1
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Monday, April 12, 2021 | ||
12 | 12
![]() FIRST AMENDED COMPLAINT against All Defendants by Gerardo Torres, Tawni Vandagriff.(Lee, Jonathan) |
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11 | 11
![]() ORDER Re: Joint Stipulation for Leave to File First Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 04/9/2021.(Martin-Gill, S) |
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Thursday, April 08, 2021 | ||
10 | 10
![]() STIPULATION and PROPOSED ORDER for Leave to File First Amended Complaint by Gerardo Torres, Tawni Vandagriff.(Lee, Jonathan) |
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Att: 1
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Tuesday, March 02, 2021 | ||
9 | 9
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion for Discovery
Tue 03/02 12:06 PM
MINUTE ORDER (TEXT Only): On March 2, 2021, the Court convened a Scheduling Conference via video conference. The parties discussed their intent to proceed to mediation. As agreed at the conference, the Initial Disclosure deadline is March 9, 2021. To allow for the parties participation in mediation, the Court sets a STATUS CONFERENCE on August 31, 2021, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address the status of mediation. The parties may appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/2/2021. (Valdez, E) |
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8 | 8
minutes
Scheduling Conference
Tue 03/02 12:03 PM
MINUTES (Text Only) for proceedings via video conference before Magistrate Judge Barbara A. McAuliffe on 3/2/2021: SCHEDULING CONFERENCE - not held. Order to follow. Plaintiffs' Counsel Robert Drexler appeared by Zoom video - present. Defendant's Counsel Linda Claxton appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E) |
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Thursday, February 25, 2021 | ||
7 | 7
order
Minute Order
Thu 02/25 12:46 PM
MINUTE ORDER (TEXT Only): The parties shall appear at the SCHEDULING CONFERENCE currently set for March 2, 2021 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/25/2021. (Valdez, E) |
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Tuesday, February 23, 2021 | ||
6 | 6
![]() JOINT SCHEDULING REPORT by Gerardo Torres, Tawni Vandagriff. (Lee, Jonathan) |
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Friday, December 04, 2020 | ||
5 | 5
![]() CERTIFICATE of SERVICE by Rexel USA, Inc. re3 Civil New Case Documents,2 Corporate Disclosure Statement,1 Notice of Removal,4 Notice of Errata. (Claxton, Linda) |
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Wednesday, December 02, 2020 | ||
4 | 4
![]() NOTICE of ERRATA by Rexel USA, Inc. re1 Notice of Removal,..(Claxton, Linda) |
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Att: 1
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Att: 2
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3 | 3
![]() CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/2/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe . (Rivera, O) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
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2 | 2
![]() CORPORATE DISCLOSURE STATEMENT by Defendant Rexel USA, Inc.. (Claxton, Linda) |
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1 | 1
![]() NOTICE of REMOVAL from Stanislaus Superior Court, case number CV-20-004823 by Gerardo Torres, Tawni Vandagriff. (Filing fee $ 402, receipt number 0972-9278519)(Claxton, Linda) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
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