This case was last updated from Los Angeles County Superior Courts on 05/20/2020 at 23:16:01 (UTC).

ERIC MARICELLI VS BURBANK-GLENDALE-PASADENA., ETC., ET AL

Case Summary

On 06/09/2017 ERIC MARICELLI filed a Labor - Other Labor lawsuit against BURBANK-GLENDALE-PASADENA , ETC . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MALCOLM MACKEY. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4537

  • Filing Date:

    06/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MALCOLM MACKEY

 

Party Details

Petitioner and Plaintiff

MARICELLI ERIC

Defendants and Respondents

TBI AIRPORT MANAGEMENT INCORPORATION

DOES 1 TO 100

BURBANK-GLENDALE-PASADENA AIRPORT

AIRPORT

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

SMITH GREGORY W. ESQ.

BROWN MARLA A. ESQ.

Defendant and Respondent Attorneys

HAUBRICH JOHN JR.

RICHARDS WATSON & GERSHON LAW O/O

PARKER MARGARET L. ESQ.

HYTREK MATTHEW PATRICK

 

Court Documents

Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL RESPONSE TO SPECIAL INTERROGATORIES SET 4

2/20/2020: Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL RESPONSE TO SPECIAL INTERROGATORIES SET 4

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE LINDA LEE #13568

2/28/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE LINDA LEE #13568

Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY RES...)

2/28/2020: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY RES...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL) OF 03/17/2020

3/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL) OF 03/17/2020

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

3/17/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

3/18/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

Minute Order - MINUTE ORDER (COURT ORDER)

3/18/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE OF COURT'S RULING ON EX PARTE APPLICATION

3/23/2020: Notice - NOTICE OF COURT'S RULING ON EX PARTE APPLICATION

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

1/22/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

1/22/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Opposition - OPPOSITION TO PLAINTIFF'S MOTION FOR FURTHER RESPONSES

2/14/2020: Opposition - OPPOSITION TO PLAINTIFF'S MOTION FOR FURTHER RESPONSES

Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSE TO REQUEST TO PRODUCE SET 7

6/13/2019: Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSE TO REQUEST TO PRODUCE SET 7

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE RE JENNIFER SEBRING, CSR #13749

6/21/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE RE JENNIFER SEBRING, CSR #13749

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

6/21/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

Notice of Ruling - NOTICE OF RULING ON MOTION TO COMPEL FURTHER RESPONSE TO REQUEST TO PRODUCE SET 7

6/24/2019: Notice of Ruling - NOTICE OF RULING ON MOTION TO COMPEL FURTHER RESPONSE TO REQUEST TO PRODUCE SET 7

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE TRIAL

8/13/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

8/13/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

Declaration - DECLARATION OF MARLA A BROWN IN SUPPORT

10/21/2019: Declaration - DECLARATION OF MARLA A BROWN IN SUPPORT

69 More Documents Available

 

Docket Entries

  • 04/12/2021
  • Hearing04/12/2021 at 08:30 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 04/02/2021
  • Hearing04/02/2021 at 08:30 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/02/2021
  • Hearing04/02/2021 at 08:30 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Post-Mediation Status Conference

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  • 05/11/2020
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 05/01/2020
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Motion to Quash (Deposition; Subpoenas) - Not Held - Taken Off Calendar by Party

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  • 04/08/2020
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Ex Parte Application ( to Continue Trial) - Not Held - Advanced and Vacated

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  • 03/23/2020
  • DocketNotice (of Court's Ruling on Ex Parte Application); Filed by ERIC MARICELLI (Plaintiff)

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  • 03/18/2020
  • Docketat 09:33 AM in Department 55, Malcolm Mackey, Presiding; Court Order

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  • 03/18/2020
  • DocketCertificate of Mailing for ((Court Order) of 03/18/2020); Filed by Clerk

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  • 03/18/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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111 More Docket Entries
  • 07/14/2017
  • DocketProof of Service (not Summons and Complaint); Filed by ERIC MARICELLI (Plaintiff)

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  • 07/11/2017
  • DocketReceipt-Depository; Filed by ERIC MARICELLI (Plaintiff)

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  • 07/11/2017
  • DocketCIVIL DEPOSIT

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  • 07/07/2017
  • DocketProof-Service/Summons; Filed by ERIC MARICELLI (Plaintiff)

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  • 07/07/2017
  • DocketPROOF OF SERVICE FOR DEFENDANT BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY

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  • 06/19/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 06/19/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/09/2017
  • DocketSUMMONS

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  • 06/09/2017
  • DocketCOMPLAINT FOR DAMAGES: WHISTLEBLOWER RETALIATION. LABOR CODE SECTIONS 1102.5 AND 1102.6

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  • 06/09/2017
  • DocketComplaint; Filed by ERIC MARICELLI (Plaintiff)

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Tentative Rulings

Case Number: ****4537 Hearing Date: January 7, 2022 Dept: 55

MARICELLI v. BURBANK-GLENDALE-PASADENA ****4537

Hearing Date: 1/7/22, Dept. 55

#4: MOTION FOR ORDER SPECIALLY SETTING TRIAL DATE DUE TO 5-YEAR STATUTE OF LIMITATIONS.

Notice: Okay

No Opposition

MP: Plaintiff

RP:

Summary

On 6/9/17, Plaintiff ERIC MARICELLI filed a Complaint, alleging a cause of action against TBI AIRPORT MANAGEMENT, INC., and THE BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, for Whistleblower Retaliation, in Violation of California Labor Code Sections 1102.5 and 1102.6, stating that he was retaliated against for reporting unlawful employee training issues.

MP Positions

Moving party requests an order granting a trial preference, on grounds including the following:

There is an impending expiration of the 5-year statute of limitations to bring this matter, filed 6/9/17, to trial.

The motion is based upon Code of Civil Procedure Sections 36(e), and 583.310.

On October 18, 2021, the attorneys for the parties appeared at the scheduled trial date in Department 55. Due to one of Plaintiff’s counsel being engaged in another trial, this Court reset the trial date to March 21, 2022. The trial in this action had been continued previously.

The Court's trial calendar, likely due in large part to the delays caused by Covid-19, did not provide an available date until March 2022, 7 months later. This delay was consistent with the Court's prior continuances of the trial, which also were several months later.

As of the October 18, 2021 date, the parties had completed the vast majority of the pretrial work, needing only to finalize the exhibit lists and witness lists and jury instructions.

Tentative Ruling

The unopposed motion is granted.

Trial already is set for 3/21/22 (10/18/21 minutes).

The Court finds that pandemic-related trial delays, and counsel being engaged in another trial, are excusable showings of delay in support of a trial setting.

“[W]hile a decision on trial preference rests in the sound discretion of the trial court, the court must consider, among other factors, ‘dilatory conduct by plaintiff,’ so that a plaintiff must ‘make[ ] some showing of excusable delay.’” Warner Bros. Ent. Inc. v. Superior Ct. (2018) 29 Cal. App. 5th 243, 266.



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