Ernesto Jimenez et al v. BMC West, LLC et al
| California Central District Court | |
| Judge: | Jesus G Bernal |
| Referred: | Rozella A Oliver |
| Case #: | 5:17-cv-00571 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Notice of Removal - Employment Discrimination |
| Case Filed: | Mar 24, 2017 |
| Terminated: | Dec 18, 2018 |
| Last checked: Wednesday Sep 20, 2017 2:21 AM PDT |
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Defendant
BMC West, LLC
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Represented By
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Defendant
Thomas Coronado
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Defendant
Does
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Defendant
Francisco Hernandez
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Plaintiff
Jorge Garcia
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Represented By
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Plaintiff
Ernesto Jimenez
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Represented By
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Plaintiff
Luis Pimentel
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Represented By
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Plaintiff
Miguel Martinez
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Represented By
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| Docket last updated: 04/25/2024 11:59 PM PDT |
| Tuesday, December 18, 2018 | ||
| 39 | 39
judgmentCV
Judgment
Tue 01/15 11:28 AM
AMENDED FINAL JUDGMENT by Judge Jesus G. Bernal. Pursuant to the Court's December 18, 2018 Order (Dkt. No. 59) Amending the Courts November 20, 2018 Judgment (Dkt. No. 55), Plaintiffs Motion for Final Approval of Class Action Settlement is GRANTED and Plaintiffs Motion for Monetary Awards to Class Representatives, Class Counsel, and Settlement Administrator is GRANTED IN PART. GRANTS IN PART the request for attorneys' fees and AWARDS Class Counsel attorneys' fees in the amount of $754,693.50. DISMISSES the entire Consolidated Action Gonzalez v. BMC West, LLC, 5:17-CV-00390 JGB (RAOx) (Consolidated with Jimenez v. BMC West, LLC, Case No. 5:17-cv-00571-JGB (RAOx)) WITH PREJUDICE (SEE JUDGMENT FOR FURTHER DETAILS) (MD JS-6, Case Terminated). (yl) |
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| Monday, May 21, 2018 | ||
| 38 | 38
minutes
Motion Hearing
Thu 05/24 4:20 PM
MINUTES OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 36 before Judge Jesus G. Bernal: Counsel make their appearances. The Court and counsel confer. The Court grants the motion for preliminary approval of class settlement. A separate order will issue. Court Reporter: Adele C Frazier. (jp) |
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| Thursday, April 26, 2018 | ||
| 37 | 37
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 04/26 6:04 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Radha Daya Shruthi Kulkarni counsel for Defendant BMC West, LLC. Radha D.S. Kulkarni is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant BMC West, LLC. (Kulkarni, Radha) |
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| Wednesday, April 11, 2018 | ||
| 36 | 36
textonly
Generic Text Only Entry
Wed 04/11 11:04 AM
NOTICE TO PARTIES: Effective April 17, 2018, Magistrate Judge Rozella A. Oliver will be located at the Edward R. Roybal Federal Building and U.S. Courthouse, COURTROOM 590 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 590 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil and criminal documents in paper format exempted from electronic filing and for viewing case files and other records services is located at the Roybal Federal Building, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) |
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| Wednesday, January 10, 2018 | ||
| 35 | 35
4
pgs
order
Order ~Util - Create Case Association
Tue 01/16 3:41 PM
ORDER FOR CONSOLIDATION OF PUTATIVE CLASS-PAGA ACTIONS by Judge Jesus G. Bernal. GOOD CAUSE APPEARING THEREFOR, the COURT HEREBY ORDERS AS FOLLOWS: 1. The Jimenez Action and Gonzalez Action are hereby consolidated for settlement purposes only, with the earlier filed Gonzalez Action treated as the lead case for future filings in both cases; 2. Plaintiffs shall file a one motion for preliminary approval and, assuming same is granted, one motion for final approval, of the class action settlement in both cases; and 3. This Order for Consolidation is entered without prejudice to any Partys right to later seek separate trials of the Jimenez Action and the Gonzalez Action in the event preliminary approval and/or final approval of the anticipated class action settlement is not approved by the Court and all other rights of the Parties under Federal Rule of Civil Procedure 42(b) are expressly reserved. (Cases associated with Lead Case 5:17-cv-00390-JGB-RAOx). (iva) |
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| Tuesday, January 09, 2018 | ||
| 34 | 34
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Tue 01/09 2:19 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Consolidate Cases33 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Case number should reflect the correct judges initials: 5:17-cv-00571-JGB-RAO.. 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. (iva) |
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| Monday, January 08, 2018 | ||
| 33 | 33
stip
Consolidate Cases
Mon 01/08 6:58 PM
STIPULATION to Consolidate Cases as to 5:17-cv-00571; 5:17-CV-00390 filed by Plaintiff Ernesto Jimenez.(Denis, Paul) |
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Att: 1
Proposed Order Propose Order
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| Friday, December 22, 2017 | ||
| 32 | 32
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pgs
order
Order Extending Answer Due Deadline
Wed 12/27 10:46 AM
ORDER EXTENDING TIME FOR DEFENDANT BMC TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT by Judge Jesus G. Bernal re: Stipulation to Extend Time to Answer (More than 30 days)30 . GOOD CAUSE APPEARING THEREFOR, the Court ORDERS as follows: (1) The Parties' Joint Stipulation is GRANTED; and (2) Defendant shall have up to and including March 21, 2018 within which to respond to Plaintiffs Second Amended Complaint31 , unless otherwise ordered or extended by the Court. (iva) |
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| 30 | 30
stip
Extending Time to Answer (More than 30 days)
Fri 12/22 8:45 AM
Second STIPULATION for Extension of Time to File Answer to March 21, 2018 re Order,,,23 filed by defendant BMC West, LLC.(Wickham, Douglas) |
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Att: 1
Proposed Order
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| Wednesday, November 08, 2017 | ||
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3
pgs
order
Order
Thu 11/09 12:44 PM
ORDER by Judge Jesus G. Bernal RE NOTICE OF SETTLEMENT; STIPULATION TO VACATE SCHEDULED PRE-TRIAL AND DISCOVERY DATES AND DEADLINES28 : the COURT HEREBY ORDERS AS FOLLOWS: 1. All previously scheduled pre-trial and discovery dates and deadlines in this action, as set forth in the Civil Trial Scheduling Order entered by the Court on June 5, 2017, are hereby vacated. 2. Plaintiffs are hereby authorized to file a motion for preliminary approval of the class action settlement in this action within ninety (90) days of the Courts entry of this Order. IT IS SO ORDERED. (ad) |
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| Tuesday, November 07, 2017 | ||
| 28 | 28
stip
Vacate
Tue 11/07 6:52 PM
First STIPULATION to Vacate Scheduling Order Dates filed by Plaintiff Jorge Garcia, Ernesto Jimenez, Miguel Martinez, Luis Pimentel.(Denis, Paul) |
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Att: 1
Proposed Order Proposed Order (PDF),
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Att: 2
Proof of Service
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| Monday, November 06, 2017 | ||
| 27 | 27
order
Transferring Reference/Discovery purs LR 83-1.3.1 (Related Case)(CV 34a)
Mon 11/06 1:20 PM
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 16-05 -Related Case- filed. Related Case No: 5:17-cv-00390 JGB(RAOx). Case referred from Magistrate Judge Shashi H. Kewalramani to Magistrate Judge Rozella A. Oliver for DISCOVERY. The case number will now read as follows: 5:17-cv-00571 JGB(RAOx). Signed by Magistrate Judge Rozella A. Oliver. (rn) |
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| Friday, October 27, 2017 | ||
| 26 | 26
order
Extending Answer Due Deadline
Fri 10/27 3:32 PM
ORDER granting Stipulation to Extend Time to Answer (More than 30 days)25 , Defendant BMC West LLC answer due 12/22/2017 by Judge Jesus G. Bernal. SO ORDERED. (ad) |
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| Wednesday, October 25, 2017 | ||
| 25 | 25
stip
Extending Time to Answer (More than 30 days)
Wed 10/25 5:05 PM
First STIPULATION for Extension of Time to File Answer to 12/22/17 re Order,,,23 filed by defendant BMC West, LLC.(Kulkarni, Radha) |
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Att: 1
Proposed Order
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| Tuesday, September 26, 2017 | ||
| 24 | 24
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Tue 09/26 12:31 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order22 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (ad) |
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| Monday, September 25, 2017 | ||
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pgs
order
Order
Tue 09/26 10:49 AM
ORDER by Judge Jesus G. Bernal Re Stipulation for Leave to File Second Amended Class Action-PAGA Complaint21 : COURT HEREBY ORDERS AS FOLLOWS: 1. Plaintiffs are granted leave to file the proposed Second Amended Complaint. 2. The Second Amended Complaint shall be deemed filed as of the date of the entry of this Order. 3. Defendant shall be deemed to have been served with Plaintiffs Second Amended Complaint as of the date of entry of this Order. 4. Defendant shall respond to the Second Amended Complaint within thirty (30) calendar days of the date of entry of this Order, or at such later time as may be further ordered by the Court. 5. All rights and defenses of Defendant to the Second Amended Complaint are expressly reserved and nothing in this Order shall be construed as a waiver of, or prejudicial to, said rights and defenses. IT IS SO ORDERED. (ad) |
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stip
Protective Order
Mon 09/25 11:57 AM
Joint STIPULATION for Protective Order filed by defendant BMC West, LLC.(Kulkarni, Radha) |
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| Tuesday, September 19, 2017 | ||
| 21 | 21
stip
Amend/Correct
Tue 09/19 6:46 PM
Joint STIPULATION to Amend filed by Plaintiff Jorge Garcia, Ernesto Jimenez, Miguel Martinez, Luis Pimentel.(Denis, Paul) |
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Att: 1
Proposed Order Proposed Order,
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Att: 2
Proof of Service
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| Monday, June 05, 2017 | ||
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order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Tue 06/06 1:39 PM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Jesus G. Bernal. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 2/26/2018. (ad) |
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| 19 | 19
minutes
Scheduling Conference
Mon 06/05 4:24 PM
MINUTES OF SCHEDULING CONFERENCE held before Judge Jesus G. Bernal. A trial schedule was set. See separate trial scheduling order for more details. Amended Pleadings due by 1/2/2018. Discovery cut-off 1/29/2018. Motions due by 4/9/2018. Last date to conduct settlement conference is 2/26/2018. Final Pretrial Conference set for 5/21/2018 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 6/5/2018 at 09:00 AM before Judge Jesus G. Bernal. Court Reporter: Adele C. Frazier. (mrgo) |
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| 18 | 18
order
Pretrial-Trial Scheduling Order - form only
Mon 06/05 3:59 PM
CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 1/2/2018. Discovery cut-off (Last day to hear discovery motions) 1/29/2018. Dispositive Motions cutoff (last day to hear) 4/9/2018. Last date to conduct settlement conference is 2/26/2018. Final Pretrial Conference set for 5/21/2018 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 6/5/2018 at 09:00 AM before Judge Jesus G. Bernal. (gga) |
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| Monday, May 22, 2017 | ||
| 17 | 17
misc
Joint Report Rule 26(f) Discovery Plan
Mon 05/22 4:26 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial unable to estimate at this time, filed by Defendant BMC West, LLC.. (Kulkarni, Radha) |
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| Wednesday, April 05, 2017 | ||
| 16 | 16
notice
Deficiency in Electronically Filed Documents (G-112A)
Wed 04/05 6:20 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service15 . The following error(s) was found: Case number is incorrect or missing. Judge's initials are incorrect. The correct initials are JGB(DTBx). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ad) |
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| Monday, April 03, 2017 | ||
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service
Proof of Service (subsequent documents)
Mon 04/03 12:06 PM
PROOF OF SERVICE filed by defendants BMC West, LLC, re Initial Order upon Filing of Complaint - form only14 served on April 3, 2017. (Kulkarni, Radha) |
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| Friday, March 31, 2017 | ||
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order
Initial Order upon Filing of Complaint - form only
Fri 03/31 4:13 PM
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) |
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| Thursday, March 30, 2017 | ||
| 13 | 13
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 03/30 4:29 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 6/5/2017 at 11:00 AM before Judge Jesus G. Bernal. (iva) |
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| Tuesday, March 28, 2017 | ||
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order
Transferring Case purs GO 16-05 (Related Case)(CV 34)
Tue 03/28 4:06 PM
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 5:17-cv-0390 JGB(DTBx). Case transferred from Magistrate Judge John E. McDermott and Judge Beverly Reid O'Connell to Judge Jesus G. Bernal and Magistrate Judge David T. Bristow for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-00571 JGB(DTBx). Signed by Judge Jesus G. Bernal (rn) |
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| Monday, March 27, 2017 | ||
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service
Proof of Service (subsequent documents)
Mon 03/27 3:17 PM
PROOF OF SERVICE filed by defendants BMC West, LLC, re Initial Order upon Filing of Complaint - form only10 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form,8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form9 served on March 27, 2017. (Kulkarni, Radha) |
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order
Initial Order upon Filing of Complaint - form only
Mon 03/27 1:41 PM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (rfi) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 03/27 12:03 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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transfer
Reassignment of Eastern Division Removal Case (CV-106) - optional html form
Mon 03/27 12:03 PM
NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge John E. McDermott for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Beverly Reid O'Connell. The case number on all documents filed with the Court in this case should read as follows: 5:17-cv-571 BRO (JEMx). (ghap) |
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service
Proof of Service (subsequent documents)
Mon 03/27 9:54 AM
PROOF OF SERVICE filed by defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation, re Corporate Disclosure Statement,3 , Notice (Other),6 , Certificate/Notice of Interested Parties,,4 , Civil Cover Sheet (CV-71),2 , Notice of Removal (Attorney Civil Case Opening),,,,,1 , Notice of Related Case(s),5 served on March 24, 2017. (Kulkarni, Radha) |
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| Friday, March 24, 2017 | ||
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notice
Notice (Other)
Fri 03/24 4:03 PM
NOTICE To Plaintiff's and Their Counsel of Removal of Civil Action filed by defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation. (Kulkarni, Radha) |
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| 5 | 5
notice
Related Case(s)
Fri 03/24 4:00 PM
NOTICE of Related Case(s) filed by defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation. Related Case(s): 5:17-cv-00390 (Kulkarni, Radha) |
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| 4 | 4
notice
Certificate/Notice of Interested Parties
Fri 03/24 3:57 PM
NOTICE of Interested Parties filed by defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation, identifying Plaintiff Ernesto Jimenez; Plaintiff Luis Pimentel; Plaintiff Jorge Garcia; Plaintiff Miguel Martinez; Defendant BMC West, LLC; BMC Stock Holdings, Inc.; Thomas Coronado; and Francisco Hernandez. (Kulkarni, Radha) |
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| 3 | 3
misc
Corporate Disclosure Statement
Fri 03/24 3:52 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation identifying BMC STOCK HOLDINGS, INC. as Corporate Parent. (Kulkarni, Radha) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Fri 03/24 3:48 PM
CIVIL COVER SHEET filed by Defendants BMC WEST CORPORATION, a Delaware corporation, BMC, a business entity of unknown form;, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation. (Kulkarni, Radha) |
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| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Fri 03/24 3:45 PM
NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS1620680 Receipt No: 0973-19573484 - Fee: $400, filed by defendants BMC WEST CORPORATION, a Delaware corporation, BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form, BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation, BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form, BMC, a business entity of unknown form;. (Attorney Radha Daya Shruthi Kulkarni added to party BMC WEST CORPORATION, a Delaware corporation(pty:dft), Attorney Radha Daya Shruthi Kulkarni added to party BMC, a business entity of unknown form; (pty:dft), Attorney Radha Daya Shruthi Kulkarni added to party BUILDING MATERIALS & CONSTRUCTION SOLUTIONS, a business entity of unknown form(pty:dft), Attorney Radha Daya Shruthi Kulkarni added to party BUILDING MATERIALS AND CONSTRUCTION SERVICES, a business entity of unknown form(pty:dft), Attorney Radha Daya Shruthi Kulkarni added to party BUILDING MATERIALS HOLDING CORPORATION, a Delaware Corporation(pty:dft))(Kulkarni, Radha) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Declaration,
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Att: 10
Declaration
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cmp
Complaint - (Discovery)
Mon 03/27 11:41 AM
CONFORMED FILED COPY OF COMPLAINT against Defendants BMC West, LLC, Thomas Coronado, Does 1 through 25, inclusive, Francisco Hernandez. Jury Demanded., filed by plaintiffs Jorge Garcia, Luis Pimentel, Ernesto Jimenez, Miguel Martinez. (FILED IN STATE COURT ON 11/29/2016 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
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othcmp
Amended Complaint
Mon 03/27 11:44 AM
CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants BMC West, LLC, Thomas Coronado, Does, Francisco Hernandez amending Complaint - (Discovery),, filed by plaintiffs Jorge Garcia, Luis Pimentel, Ernesto Jimenez, Miguel Martinez. (FILED IN STATE COURT ON 2/7/2017 SUBMITTED ATTACHED EXHIBIT 5)(ghap) |
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answer
Answer to Complaint (Discovery)
Mon 03/27 11:48 AM
CONFORMED FILED COPY OF ANSWER to First Amended Complaint, filed by Defendant BMC West, LLC. (FILED IN STATE COURT ON 3/22/2017 SUBMITTED ATTACHED EXHIBIT 8)(ghap) |
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