2:21-CV-03097
04/09/2021
Disposed - Other Disposed
Civil Right - Other Civil Right
Rozella A. Oliver
Percy Anderson
Annette Hernandez
Thousand Oaks, CA 91360
Sprouts Farmers Market
SFM, LLC
Amber L Roller
Attorney at Ogletree Deakins Nash Smoak and Stewart PC
400 South Hope Street Suite 1200
Los Angeles, CA 90071
Jan Nicholas Marfori
Attorney at Ogletree Deakins Nash Smoak and Stewart PC
400 South Hope Street Suite 1200
Los Angeles, CA 90071
(#24) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 #20 by Clerk of Court. The document is stricken. Incorrect event selected. A corrected application has already been filed. (mrgo) (Entered: 06/02/2021)
(#23) Receipt of Copy of Remand Transmittal Letter from Ventura Superior Court, Case No. 56-02021-00550099-CU-MC-VTA, acknowledged on 5/17/2021. (iv) (Entered: 05/21/2021)
(#22) APPLICATION to the Clerk to Tax Costs against plaintiff Annette Hernandez re: Judgment, #18 , filed by defendant SFM, LLC. (Roller, Amber) (Entered: 05/20/2021)
(#21) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions and Related Filings > Applications/Ex Parte Applications/Motions/Petitions/Requests > Clerk to Tax Costs (CV-59). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) (Entered: 05/19/2021)
(#20) [DOCUMENT STRICKEN PER DOCKET ENTRY NO. 24] NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 filed by defendant SFM, LLC. (Roller, Amber) Modified on 6/2/2021 (mrgo). (Entered: 05/18/2021)
(#19) TRANSMITTAL of documents to Ventura County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Ventura County Superior Court. (mrgo) (Entered: 05/13/2021)
(#18) JUDGMENT by Judge Percy Anderson, Related to: Order on Motion to Dismiss Case, #17 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff's claim under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., is hereby dismissed with prejudice. (MD JS-6, Case Terminated). (mrgo) (Entered: 05/13/2021)
(#17) MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #9 MOTION to Dismiss Case. For the reasons stated above, the Court grants Defendant's Motion to Dismiss as to Plaintiff's OSHA claim, which is dismissed without leave to amend. Because the Court has dismissed all federal claims over which it possessed original subject matter jurisdiction, the Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining claims. The action is hereby remanded to Ventura County Superior Court, Case No. 56-2021-00550099-CU-MC-VTA. (See document for details) (mrgo) (Entered: 05/13/2021)
(#16) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Initial Order upon Filing of Complaint - form only #13 , Initial Order Setting R26 Scheduling Conference - form only #14 by U.S. Mail served on 04/20/2021. (Roller, Amber) (Entered: 04/20/2021)
(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/16/2021)
(#7) NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Rozella A. Oliver. (et) (Entered: 04/16/2021)
(#6) NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 . the Case has been reassigned from Judge David O. Carter and Magistrate Judge Shashi H. Kewalramani to Judge Percy Anderson and Magistrate Judge Rozella A. Oliver for all further proceedings. The case will now reflect the initials of the transferee Judge 2:21-cv-03097-PA (RAOx). (et) (Entered: 04/16/2021)
(#5) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 by U.S. Mail to in Propria Persona plaintiff Annette Hernandez served on 04/13/2021. (Roller, Amber) (Entered: 04/13/2021)
(#6) NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 . the Case has been reassigned from Judge David O. Carter and Magistrate Judge Shashi H. Kewalramani to Judge Percy Anderson and Magistrate Judge Rozella A. Oliver for all further proceedings. The case will now reflect the initials of the transferee Judge 2:21-cv-03097-PA (RAOx). (et) (Entered: 04/16/2021)
(#5) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 by U.S. Mail to in Propria Persona plaintiff Annette Hernandez served on 04/13/2021. (Roller, Amber) (Entered: 04/13/2021)
(#5) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 by U.S. Mail to in Propria Persona plaintiff Annette Hernandez served on 04/13/2021. (Roller, Amber) (Entered: 04/13/2021)
Docket(#24) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 #20 by Clerk of Court. The document is stricken. Incorrect event selected. A corrected application has already been filed. (mrgo) (Entered: 06/02/2021)
[-] Read LessDocket(#23) Receipt of Copy of Remand Transmittal Letter from Ventura Superior Court, Case No. 56-02021-00550099-CU-MC-VTA, acknowledged on 5/17/2021. (iv) (Entered: 05/21/2021)
[-] Read LessDocket(#22) APPLICATION to the Clerk to Tax Costs against plaintiff Annette Hernandez re: Judgment, #18 , filed by defendant SFM, LLC. (Roller, Amber) (Entered: 05/20/2021)
[-] Read LessDocket(#21) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions and Related Filings > Applications/Ex Parte Applications/Motions/Petitions/Requests > Clerk to Tax Costs (CV-59). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) (Entered: 05/19/2021)
[-] Read LessDocket(#20) [DOCUMENT STRICKEN PER DOCKET ENTRY NO. 24] NOTICE OF MOTION AND MOTION for Costs against SFM, LLC RE: Judgment, #18 filed by defendant SFM, LLC. (Roller, Amber) Modified on 6/2/2021 (mrgo). (Entered: 05/18/2021)
[-] Read LessDocket(#19) TRANSMITTAL of documents to Ventura County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Ventura County Superior Court. (mrgo) (Entered: 05/13/2021)
[-] Read LessDocket(#18) JUDGMENT by Judge Percy Anderson, Related to: Order on Motion to Dismiss Case, #17 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff's claim under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., is hereby dismissed with prejudice. (MD JS-6, Case Terminated). (mrgo) (Entered: 05/13/2021)
[-] Read LessDocket(#17) MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #9 MOTION to Dismiss Case. For the reasons stated above, the Court grants Defendant's Motion to Dismiss as to Plaintiff's OSHA claim, which is dismissed without leave to amend. Because the Court has dismissed all federal claims over which it possessed original subject matter jurisdiction, the Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining claims. The action is hereby remanded to Ventura County Superior Court, Case No. 56-2021-00550099-CU-MC-VTA. (See document for details) (mrgo) (Entered: 05/13/2021)
[-] Read LessDocket(#16) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Initial Order upon Filing of Complaint - form only #13 , Initial Order Setting R26 Scheduling Conference - form only #14 by U.S. Mail served on 04/20/2021. (Roller, Amber) (Entered: 04/20/2021)
[-] Read LessDocket(#15) SELF-REPRESENTATION ORDER by Judge Percy Anderson. (iv) (Entered: 04/19/2021)
[-] Read LessDocket(#9) NOTICE OF MOTION AND MOTION to Dismiss Case /Plaintiff's Complaint filed by defendant SFM, LLC. Motion set for hearing on 5/17/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities ISO MTD Complaint, #2 Exhibit A, pgs 21 to 23, #3 Proposed Order Granting Motion to Dismiss Complaint) (Roller, Amber) (Entered: 04/16/2021)
[-] Read LessDocket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/16/2021)
[-] Read LessDocket(#7) NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Rozella A. Oliver. (et) (Entered: 04/16/2021)
[-] Read LessDocket(#6) NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 . the Case has been reassigned from Judge David O. Carter and Magistrate Judge Shashi H. Kewalramani to Judge Percy Anderson and Magistrate Judge Rozella A. Oliver for all further proceedings. The case will now reflect the initials of the transferee Judge 2:21-cv-03097-PA (RAOx). (et) (Entered: 04/16/2021)
[-] Read LessDocket(#5) CERTIFICATE OF SERVICE filed by defendant SFM, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Reference to US Magistrate Judge (CV-25) - optional html form #4 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 by U.S. Mail to in Propria Persona plaintiff Annette Hernandez served on 04/13/2021. (Roller, Amber) (Entered: 04/13/2021)
[-] Read LessDocket(#4) NOTICE OF ASSIGNMENT to District Judge David O. Carter and referred to Magistrate Judge Shashi H. Kewalramani. (et) (Entered: 04/12/2021)
[-] Read LessDocketCONFORMED FILED COPY OF COMPLAINT filed against Defendant SFM, LLC, filed by Plaintiff Annette Hernandez. [FILED IN STATE COURT ON 2/1/2021 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 . (et) (Entered: 04/12/2021)
[-] Read LessDocket(#3) SFM, LLC (erroneously sued as "Sprouts Farmers Market") Corporate Disclosure Statement and Notice of Interested Parties of Interested Parties filed by Defendant Sprouts Farmers Market, identifying Sprouts Farmers Market, Inc.; SFM, LLC. (Roller, Amber) (Entered: 04/09/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed by Defendant Sprouts Farmers Market. (Roller, Amber) (Entered: 04/09/2021)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from Ventura County Superior Court, case number 56-2021-00550099-CU-MC-VTA Receipt No: ACACDC-31081822 - Fee: $402, filed by defendant Sprouts Farmers Market. (Attachments: #1 Exhibit A, pgs 5 to 83, Summons, Complaint, and accompanying papers) (Attorney Amber L Roller added to party Sprouts Farmers Market(pty:dft))(Roller, Amber) (Entered: 04/09/2021)
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