5:23-CV-01946
09/22/2023
Pending - Other Pending
Civil Right - Employment Discrimination
Sheri Pym
Sunshine Suzanne Sykes
David Palacios
Penske Logistics, LLC
Penske Truck Leasing Co., L.P.
Kandice Curtis
Justin Kooi
DOES 1 through 50, inclusive
Rob A Rodriguez
Elissa Katerina Buenrostro
Richard A Apodaca
Kim L Carter
Amanda C. Fleming
(#29) REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR REMAND ACTION TO STATE COURT; OR IN THE ALTERNATIVE, LEAVE TO AMEND PLAINTIFFS COMPLAINT filed by Plaintiff David Palacios. (Buenrostro, Elissa) (Entered: 11/17/2023)
(#28) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 Defendants' Reply in Support of Their Motion to Dismiss Claims in Plaintiff's Complaint filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 11/17/2023)
Declaration Declaration of Kim Carter in Support of Defendants' Opposition
(#27) OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 Defendants' Opposition to Plaintiff's Notice of Motion to Remand Action filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Declaration Declaration of Kim Carter in Support of Defendants' Opposition to Plaintiff's Motion to Remand)(Carter, Kim) (Entered: 11/10/2023)
Exhibit Compendium
(#25) Joint STIPULATION to Continue Hearing on Plaintiff's Motion to Remand Action to State Court from November 17, 2023 to December 1, 2023 Re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Proposed Order)(Carter, Kim) (Entered: 11/01/2023)
Proposed Order Granting Motion to dismiss claims
Declaration of Kim Carter in support of motion to dismiss claims in complaint
(#28) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 Defendants' Reply in Support of Their Motion to Dismiss Claims in Plaintiff's Complaint filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 11/17/2023)
(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 09/25/2023)
(#7) NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges, this case has been randomly reassigned to District Judge Sunshine Suzanne Sykes. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01946 SSS (SPx). (car) (Entered: 09/25/2023)
(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
Complaint
CONFORMED COPY OF COMPLAINT against Defendants Kandice Curtis, Does 1-50, inclusive, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P. Jury Demand, filed by Plaintiff David Palacios. Filed in State Court on 8/3/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) (Entered: 09/25/2023)
Docket(#29) REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR REMAND ACTION TO STATE COURT; OR IN THE ALTERNATIVE, LEAVE TO AMEND PLAINTIFFS COMPLAINT filed by Plaintiff David Palacios. (Buenrostro, Elissa) (Entered: 11/17/2023)
[-] Read LessDocket(#28) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss 7th claim of Intentional Infliction of Emotional Distress #11 Defendants' Reply in Support of Their Motion to Dismiss Claims in Plaintiff's Complaint filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 11/17/2023)
[-] Read LessDocket(#27) OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 Defendants' Opposition to Plaintiff's Notice of Motion to Remand Action filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Declaration Declaration of Kim Carter in Support of Defendants' Opposition to Plaintiff's Motion to Remand)(Carter, Kim) (Entered: 11/10/2023)
[-] Read LessDocket(#26) ORDER GRANTING JOINT STIPULATION TO CONTINUE THE HEARING DATE ON PLAINTIFF'S MOTION TO REMAND ACTION TO STATE COURT #25 by Judge Sunshine Suzanne Sykes. Pursuant to Local Civil Rule, 7-11, Plaintiff's motion to remand, [Dkt. 15], hearing is rescheduled to be heard on December 1, 2023 at 2:00 p.m. before the Honorable Sunshine S. Sykes, via Zoom video conference.. Pursuant to the Local Civil Rules, 7 9, 7-10, and 7-11, all subsequent briefing is scheduled in accordance with the December 1, 2023 hearing date. (rolm) (Entered: 11/03/2023)
[-] Read LessDocket(#25) Joint STIPULATION to Continue Hearing on Plaintiff's Motion to Remand Action to State Court from November 17, 2023 to December 1, 2023 Re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 filed by Defendants Kandice Curtis, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P.. (Attachments: #1 Proposed Order)(Carter, Kim) (Entered: 11/01/2023)
[-] Read LessDocket(#24) ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: In view of the Declaration, filed in response to the OSC, and the Notice of Acknowledgment of Receipt of Summons and Complaint, as to Defendant Penske Logistics, LLC, filed on October 19, 2023, the Court hereby DISCHARGES the OSC issued on October 2, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 10/23/2023)
[-] Read LessDocket(#23) AMENDED CERTIFICATE of Interested Parties filed by Defendants Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P., identifying Penske Logistics, LLC. (Carter, Kim) (Entered: 10/20/2023)
[-] Read LessDocket(#22) Penske Logstics LLC NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff David Palacios, upon Defendant Penske Logistics, LLC acknowledgment sent by Plaintiff on 10/10/2023, answer due 10/31/2023. Acknowledgment of Service signed by Kim Carter, Esq., Attorney for Defendant. (Buenrostro, Elissa) (Entered: 10/19/2023)
[-] Read LessDocket(#21) PROOF OF SERVICE filed by Plaintiff David Palacios, Defendant, Penske Logistics LLC served on 9/21/23. (Buenrostro, Elissa) (Entered: 10/18/2023)
[-] Read LessDocket(#20) PROOF OF SERVICE filed by Plaintiff David Palacios, Defendant, Kandice Curtis served on 9/20/23. (Buenrostro, Elissa) (Entered: 10/18/2023)
[-] Read LessDocket(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 09/25/2023)
[-] Read LessDocket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 09/25/2023)
[-] Read LessDocket(#7) NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges, this case has been randomly reassigned to District Judge Sunshine Suzanne Sykes. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01946 SSS (SPx). (car) (Entered: 09/25/2023)
[-] Read LessDocketCONFORMED COPY OF COMPLAINT against Defendants Kandice Curtis, Does 1-50, inclusive, Justin Kooi, Penske Logistics, LLC, Penske Truck Leasing Co., L.P. Jury Demand, filed by Plaintiff David Palacios. Filed in State Court on 8/3/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) (Entered: 09/25/2023)
[-] Read LessDocket(#6) PROOF OF SERVICE filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #5 , Civil Cover Sheet (CV-71) #2 , Declaration, #3 , Declaration, #4 served on 09/22/2023. (Carter, Kim) (Entered: 09/22/2023)
[-] Read LessDocket(#5) CERTIFICATE of Interested Parties filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P., identifying Kandice Curtis; Justin Kooi; Penske Truck Leasing Co., L.P.; Penske Truck Leasing GP, LLC; LJ VP Holdings, LLC; Penske Truck Leasing Corporation; Penske Automotive Group, Inc.; MBK USA Commercial Vehicles, Inc.; Penske Corporation; Mitsui & Co., Ltd.; Littler Mendelson, P.C.; Penske Logistics, LLC; David Palacios; Rodriguez Apodaca Law Firm, LLP. (Carter, Kim) (Entered: 09/22/2023)
[-] Read LessDocket(#4) DECLARATION of Kim Carter re Notice of Removal (Attorney Civil Case Opening), #1 Declaration of Kim Carter in Support of Defendants' Removal of Civil Action to Federal Court filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 09/22/2023)
[-] Read LessDocket(#3) DECLARATION of Peggy Neily re Notice of Removal (Attorney Civil Case Opening), #1 Declaration of Peggy Neily in Support of Defendants' Notice of Removal of Civil Action to Federal Court filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 09/22/2023)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed by Defendants Kandice Curtis, Justin Kooi, Penske Truck Leasing Co., L.P.. (Carter, Kim) (Entered: 09/22/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from Calfornia Superior Court, San Bernardino County, case number CIVSB2317843 Receipt No: ACACDC-36092366 - Fee: $402, filed by Defendants Kandice Curtis, Penske Truck Leasing Co., L.P., Justin Kooi. (Attachments: #1 Complaint) (Attorney Kim L Carter added to party Kandice Curtis(pty:dft), Attorney Kim L Carter added to party Justin Kooi(pty:dft), Attorney Kim L Carter added to party Penske Truck Leasing Co., L.P.(pty:dft))(Carter, Kim) (Entered: 09/22/2023)
[-] Read Less