| Court: | cacd |
| Docket #: | 5:14-cv-00776 |
| Case Name: | Trinidad Herrera et al v. Carmax Auto Superstores California, LLC |
| PACER case #: | 587697 |
| Date filed: | 2014-04-17 |
| Date terminated: | 2014-07-02 |
| Assigned to: | Judge Michael W. Fitzgerald |
| Referred to: | Magistrate Judge Victor B. Kenton |
| Case Cause: | 28:1441 Notice of Removal - Labor/Mgmnt. Relations |
| Nature of Suit: | 790 Labor: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Trinidad Herrera Plaintiff |
Aaron C Gundzik Neal J Fialkow Rebecca G Gundzik |
| Taroob Simani Plaintiff |
Aaron C Gundzik Neal J Fialkow Rebecca G Gundzik |
| Luis Berregan Plaintiff individually and on behalf of all others similarly situated |
Aaron C Gundzik Neal J Fialkow Rebecca G Gundzik |
| Carmax Auto Superstores California, LLC Defendant a Virginia limited liability company |
Jack S Sholkoff Patricia M Jeng |
| Does Defendant 1 through 25 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-04-17 | 1 | 0 | NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1402410 Receipt No: 0973-13684640 - Fee: $400, filed by defendant Carmax Auto Superstores California, LLC.(Attorney Patricia M Jeng added to party Carmax Auto Superstores California, LLC(pty:dft))(Jeng, Patricia) (Entered: 04/17/2014) | 2014-07-22 03:27:58 | 6f2fc7750d526937421cc7739acd65fea6fc72b0 | |
| 2014-04-17 | 2 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. notice of removal part 2 (Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-17 | 3 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. Ex. A to Notice of Removal (Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-17 | 4 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. Declaration of T. Y. Lewis-Andrews (Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-17 | 5 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. (Attachments: # 1 Exhibit Ex B to T Y Lewis Andrews Decl, # 2 Civil Cover Sheet Civil Case Cover Sheet, # 3 Declaration Decl of J. Sholkoff, # 4 Exhibit Ex C to J Sholkoff Decl, # 5 Exhibit Ex. D to J Sholkoff Decl, # 6 Notice of Related Case, # 7 Disclosure Statement, # 8 Declaration Decl of K Holt)(Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-17 | 6 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. (Attachments: # 1 Civil Cover Sheet State Court Civil Cover Sheet, # 2 State Court Ntc of Assign)(Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-17 | 7 | 0 | NOTICE filed by defendant Carmax Auto Superstores California, LLC. (Jeng, Patricia) (Entered: 04/17/2014) | |||
| 2014-04-21 | 8 | 0 | NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Michael W. Fitzgerald for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Victor B. Kenton. New Case Number EDCV 14-776 MWF(VBKx). (esa) (Entered: 04/21/2014) | |||
| 2014-04-21 | 9 | 0 | NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Victor B. Kenton. (esa) (Entered: 04/21/2014) | |||
| 2014-04-21 | 10 | 0 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/21/2014) | |||
| 2014-04-21 | 11 | 0 | NOTICE OF DEFICIENCIES in Attorney Case Opening. The following errors were found: Incorrect use of NOTICE Event, see (A) Document #2 is a continuation of document #1 and should have been an attachment of #1; (B) #3 is also part of #1 and should have been an attachment of #1; (C) #4 Incorrect Event, should have been Declaration (non-motion) ; (D) #5 (1) Declaration of Domitrovits should have been docketed as Declaration (non-motion), (2) Exhibit B should have been an attachment of #4, (3) Civil Cover Sheet should have been docket separately with a under its correct event, (4) Declaration of Solkoff and Exhibits C and D should have been docketed under Declaration (non-motion), (5) Notice of Related Cases should have been docketed as a separate document under Notice of Related Cases, (6) Disclosure Statement should have been docketed separately under Corporate Disclosure Statement, (7) Declaration of Holt should have been docketed separately under Declaration (non-motion); (E) #6 should have been attachments of #1; (F) Declaration of Domitrovits appears to be a duplicate. (esa) (Entered: 04/21/2014) | |||
| 2014-04-21 | 12 | 0 | CERTIFICATE OF SERVICE filed by defendant Carmax Auto Superstores California, LLC, re Notice of Removal (Attorney Civil Case Opening), 1 served on April 17, 2014. (Jeng, Patricia) (Entered: 04/21/2014) | |||
| 2014-04-24 | 13 | 0 | NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and, MOTION to Compel Arbitration filed by Defendant Carmax Auto Superstores California, LLC. Motion set for hearing on 5/26/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Kimberly Ross, # 3 Exhibit A-D, # 4 Declaration of Patricia M. Jeng, # 5 Exhibit E, # 6 Declaration of Jack S. Sholkoff, # 7 Exhibit F, # 8 Proposed Order)(Sholkoff, Jack) (Entered: 04/24/2014) | 2014-07-22 03:45:40 | 35a80271cfe39b33821048c14f1a2c24696bc8fc | |
| 2014-04-25 | 14 | 0 | SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the MOTION to Dismiss and MOTION to Compel Arbitration 13 is continued to June 2, 2014 at 10:00 a.m. May 26, 2014 is a Court Holiday. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 04/25/2014) | |||
| 2014-05-01 | 15 | 0 | NOTICE OF MOTION AND MOTION to Remand Case to Riverside County Superior Court filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. Motion set for hearing on 6/2/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order)(Gundzik, Rebecca) (Entered: 05/01/2014) | |||
| 2014-05-01 | 16 | 0 | EX PARTE APPLICATION for Special Hearing re MOTION to Remand Case to Riverside County Superior Court 15 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Attachments: # 1 Proposed Order)(Gundzik, Rebecca) (Entered: 05/01/2014) | |||
| 2014-05-01 | 17 | 0 | Opposition re: EX PARTE APPLICATION for Special Hearing re MOTION to Remand Case to Riverside County Superior Court 15 16 filed by Defendant Carmax Auto Superstores California, LLC. (Attachments: # 1 Declaration of Jack S. Sholkoff in Support of Opposition to Ex Parte Application to Specially Set and Continue Hearing on Defendant's Motion to Compel, # 2 Exhibit A to the Declaration of Jack S. Sholkoff in Support of Opposition to Ex Parte Application to Specially Set and Continue Hearing on Defendant's Motion to Compel)(Sholkoff, Jack) (Entered: 05/01/2014) | |||
| 2014-05-05 | 18 | 0 | MINUTES (IN CHAMBERS) ORDER Re Ex Parte Application to Special Set and Continue Hearing 16 by Judge Michael W. Fitzgerald: The hearing on the Motion to Compel Arbitration (Docket No. 13 ) is CONTINUED to 6/23/2014 at 10:00 AM. The Opposition to the Motion to Compel Arbitration shall be due on 6/9/2014, and any Reply shall be due on 6/16/2014. The hearing on the Motion to Dismiss (Docket No. 15 ) remains set for 6/2/2014. (jp) (Entered: 05/05/2014) | |||
| 2014-05-12 | 19 | 0 | MEMORANDUM in Opposition to MOTION to Remand Case to Riverside County Superior Court 15 filed by Defendant Carmax Auto Superstores California, LLC. (Attachments: # 1 Declaration of Jack Sholkoff, Esq., # 2 Exhibit A to Declaration of Jack Sholkoff, Esq.)(Sholkoff, Jack) (Entered: 05/12/2014) | |||
| 2014-05-19 | 20 | 0 | REPLY in Support of MOTION to Remand Case to Riverside County Superior Court 15 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Gundzik, Rebecca) (Entered: 05/19/2014) | |||
| 2014-06-02 | 21 | 0 | MINUTES OF Plaintiff's Motion for Remand 15 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Case called, and counsel make their appearance. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Rosalyn Adams. (jp) (Entered: 06/02/2014) | |||
| 2014-06-09 | 22 | 0 | MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and MOTION to Compel Arbitration 13 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Gundzik, Rebecca) (Entered: 06/09/2014) | |||
| 2014-06-09 | 23 | 0 | DECLARATION of Rebecca Gundzik In Opposition to MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and MOTION to Compel Arbitration 13 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gundzik, Rebecca) (Entered: 06/09/2014) | |||
| 2014-06-09 | 24 | 0 | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and MOTION to Compel Arbitration 13 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Attachments: # 1 Exhibit A)(Gundzik, Rebecca) (Entered: 06/09/2014) | |||
| 2014-06-12 | 25 | 0 | MINUTES (IN CHAMBERS) ORDER DENYING Motion to Remand 15 by Judge Michael W. Fitzgerald (see attached Minute Order for further details). (jp) (Entered: 06/12/2014) | |||
| 2014-06-16 | 26 | 0 | REPLY support MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and MOTION to Compel Arbitration 13 Defendant's Reply Memorandum in Support of Defendant's Motion to Dismiss and Compel Arbitration filed by Defendant Carmax Auto Superstores California, LLC. (Attachments: # 1 Declaration Decl. of T. Y. Lewis-Andrews, # 2 Declaration Decl. of Karen Holt, # 3 Exhibit Exhibits G-N to the Decl. of Karen Holt)(Jeng, Patricia) (Entered: 06/16/2014) | |||
| 2014-06-18 | 27 | 0 | EVIDENTIARY OBJECTIONS IN OPPOSITION TO DECLARATION OF TANISHA LEWIS-ANDREWS re: MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and/or in the Alternative FRCP 12(b)(6) and MOTION to Compel Arbitration 13 filed by Plaintiffs Luis Berregan, Trinidad Herrera, Taroob Simani. (Gundzik, Rebecca) (Entered: 06/18/2014) | |||
| 2014-06-23 | 28 | 0 | MINUTES OF Motion to Dismiss and Motion to Compel Arbitration 13 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Case called, and counsel make their appearance. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Rosalyn Adams. (jp) (Entered: 06/23/2014) | |||
| 2014-07-02 | 29 | 0 | (IN CHAMBERS): ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND COMPEL ARBITRATION 13 by Judge Michael W. Fitzgerald: The Court finds that the Agreements are valid and binding on Plaintiffs. The Court finds further that while the Agreements involve a small amount of procedural unconscionability because they are adhesive contracts, they are not substantively unconscionable. With only procedural unconscionability present, the Agreements are not unconscionable. See Armendariz, 24 Cal. 4th 83 at 114. Accordingly, the Motion is GRANTED, and the action is hereby DISMISSED. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this Order, and its entry on the docket, as an entry of judgment. IT IS SO ORDERED. (jloz) (Entered: 07/02/2014) | 2014-07-22 03:41:23 | c30b3350457b7ca9cf8163423c438352106a40c1 | |
| 2014-07-14 | 30 | 0 | NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs/Appellants Trinidad Herrera, Taroob Simani. Appeal of Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Compel Arbitration,,,,,, 29 (Appeal fee of $505 receipt number 0973-14108088 paid.) (Attachments: # 1 Representation Statement)(Gundzik, Rebecca) (Entered: 07/14/2014) | 2014-07-22 03:42:44 | 550e1fc91de6c242ad3260dcc44a6d16cd536aaf | |
| 2014-07-14 | 31 | 0 | NOTIFICATION by Circuit Court of Appellate Docket Number 14-56134, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 30 as to Plaintiff Trinidad Herrera. (mat) (Entered: 07/15/2014) |