Elias Muniz v. Kroger Co., et al

California Central District Court
Judge:	Cormac J Carney
Referred:	Douglas F Mccormick
Case #:	8:21-cv-00706
Nature of Suit	442 Civil Rights - Employment
Cause	28:1441 Notice of Removal - Employment Discrimination

Case Filed:	Apr 16, 2021
Terminated:	Feb 18, 2022
Case in other court:	Orange County Superior Court, State of California, 30-02021-01186338

Docket
Parties (4)

Last checked: Wednesday Oct 13, 2021 1:35 AM PDT

Defendant Does
Defendant Kroger Co.	Represented By Nate J Kowalski Atkinson Andelson Loya Ruud And Romo Alc contact info Abraham Escareno Atkinson Andelson Loya Ruud And Romo contact info
Mediator (ADR Panel) Phillip K Cha	Represented By Phillip K Cha Cha Mediation Services contact info
Plaintiff Elias Muniz	Represented By Ronald Leonardo Zambrano West Coast Employment Lawyers contact info Sandra Acosta Tello West Coast Employment Lawyers contact info Neama Rahmani West Coast Trial Lawyers Aplc contact info

Docket last updated: 06/12/2026 11:59 PM PDT

Friday, March 04, 2022
38		38 notice Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1)) Fri 03/04 10:09 AM NOTICE of Voluntary Dismissal filed by defendant Kroger Co.. Dismissal is with prejudice. (Escareno, Abraham) Related: [-]
Friday, February 18, 2022
37		37 order Dismissing Case Fri 02/18 2:46 PM MINUTE ORDER (IN CHAMBERS) ORDER DISMISSING ACTON ON NOTICE OF SETTLEMENT by Judge Cormac J. Carney, re Notice of Settlement36 . Case Terminated. Made JS-6. (twdb) Related: [-]
36		36 notice Settlement Fri 02/18 12:45 PM NOTICE of Settlement filed by defendant Kroger Co.. (Escareno, Abraham) Related: [-]
Wednesday, February 09, 2022
		textonly Text Only Scheduling Notice Wed 02/09 7:50 AM (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. In light of the parties having reached a settlement34 , a Notice of Settlement is due no later than 2/18/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) Related: [-]
Thursday, February 03, 2022
34		34 minutes Settlement Conference Tue 02/08 11:48 AM MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick: Pursuant to Local Rule 16-14, the parties met via videoconference on February 3, 2022, for a settlement conference. The parties have reached an agreement on a full and complete settlement of the case. Court Reporter: Not Recorded. (es) Related: [-]
Wednesday, January 26, 2022
33		33 order Compel Answers to Interrogatories Compel Deposition Wed 01/26 11:48 AM MINUTES (IN CHAMBERS) Order Granting Defendant's Discovery Motions and Ordering Monetary Sanctions (Dkts. 27, 28) by Magistrate Judge Douglas F. McCormick: Defendant's Motions are therefore granted. Plaintiff is ordered to serve responses to the interrogatories on or before January 31, 2022. Plaintiff is also ordered to appear for deposition on one of Defendant's provided dates (February 3, 4, or 7, 2022) and to produce any documents responsive to the RFP attached to the deposition notice at least three days before the deposition. Additionally, pursuant to Federal Rule of Civil Procedure 37(a)(5)(A), Defendant's request for sanctions is granted in part. Accordingly, Plaintiff is ordered to pay Defendant sanctions in the amount of $1,650 within twenty-one (21) days of the date of this order. Granting27 Motion to Compel Answers to Interrogatories; Granting28 Motion to Compel Deposition. [See document for further details.] (es) Related: [-]
Tuesday, January 25, 2022
32		32 minutes Motion Hearing Compel Answers to Interrogatories Compel Deposition Tue 01/25 2:58 PM MINUTES OF Motion to Compel Answers to Interrogatories of Elias Muniz27 Motion to Compel Deposition of Elias Muniz28 Hearing held before Magistrate Judge Douglas F. McCormick: Case called and the parties make their appearances. The parties argue the motion. The motion is taken under submission. Taking under advisement27 Motion to Compel Answers to Interrogatories; Taking under advisement28 Motion to Compel Deposition. Court Recorder: CS 01/25/2022. (es) Related: [-]
Tuesday, January 18, 2022
31		31 respm Reply (Motion related) Tue 01/18 4:55 PM REPLY support MOTION to Compel Deposition of Elias Muniz 28 and Plaintiff's Non-Opposition filed by Defendant Kroger Co.. (Escareno, Abraham) Related: [-]
30		30 respm Reply (Motion related) Tue 01/18 4:53 PM REPLY Support MOTION to Compel Answers to Interrogatories of Elias Muniz 27 and Plaintiff's Non-Opposition to Motion filed by Defendant Kroger Co.. (Escareno, Abraham) Related: [-]
Wednesday, January 05, 2022
29		29 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines Wed 01/05 1:15 PM MINUTE ORDER (IN CHAMBERS) Order re Defendant's Discovery Motions (Dkt.27 28 ) by Magistrate Judge Douglas F. McCormick: Defendant Kroger Co. has filed a Motion to Compel Answers to Interrogatories and a Motion to Compel Deposition, both set for hearing on January 25, 2022. See Dkts. 27, 28. Plaintiffs oppositions were due on January 4, but nothing was filed. See Local Rule 7-9. The Court will afford Plaintiff until January 11, 2022 to file his oppositions. Plaintiff is forewarned that that failure to do so will be deemed consent to the granting of the motions. See Local Rule 7-12. Defendant will have until January 18 to file an optional reply. The January 25 telephonic hearing will proceed as scheduled. The Clerk of Court will distribute call-in information closer to the hearing date. re: MOTION to Compel Answers to Interrogatories of Elias Muniz 27 , MOTION to Compel Deposition of Elias Muniz 28 . [See document for further details.] (es) Related: [-]
Wednesday, December 22, 2021
28		28 motion Compel Deposition Wed 12/22 5:07 PM NOTICE OF MOTION AND MOTION to Compel Deposition of Elias Muniz filed by Defendant Kroger Co.. Motion set for hearing on 1/25/2022 at 10:00 AM before Magistrate Judge Douglas F. McCormick.(Escareno, Abraham) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibit Exhibits A through P,
		Att: 3 Proposed Order
27		27 motion Compel Answers to Interrogatories Wed 12/22 4:55 PM NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Elias Muniz filed by Defendant Kroger Co.. Motion set for hearing on 1/25/2022 at 10:00 AM before Magistrate Judge Douglas F. McCormick.(Escareno, Abraham) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibit Exhibits A-M,
		Att: 3 Proposed Order
Thursday, November 18, 2021
26		26 order Withdraw as Attorney Fri 11/19 2:10 PM ORDER GRANTING PLAINTIFFS COUNSELS MOTION TO WITHDRAW AS COUNSEL [Dkt. 20] by Judge Cormac J. Carney: Plantiff's counsel's Motion to Withdraw as Counsel is GRANTED. Plaintiff's counsel is ORDERED to serve a copy of this order by November 30, 2021. (shb) Related: [-]
Monday, November 15, 2021
25		25 notice Notice of Appearance or Withdrawal of Counsel (G-123) Mon 11/15 1:06 PM Notice of Appearance or Withdrawal of Counsel: for attorney Ronald Leonardo Zambrano counsel for Plaintiff Elias Muniz. Adding Levon Yepremian, Esq. as counsel of record for Plaintiff Elias Muniz for the reason indicated in the G-123 Notice. Filed by Plaintiff Elias Muniz. (Zambrano, Ronald) Related: [-]
24		24 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Mon 11/15 12:49 PM NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) Related: [-]
23		23 notice Appearance Mon 11/15 8:44 AM NOTICE of Appearance filed by attorney Ronald Leonardo Zambrano on behalf of Plaintiff Elias Muniz (Zambrano, Ronald) Related: [-]
Monday, November 08, 2021
22		22 respm Non-Opposition to Motion Mon 11/08 5:27 PM NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Ronald L. Zambrano to Withdraw as Attorney 20 filed by Defendant Kroger Co.. (Escareno, Abraham) Related: [-]
Thursday, October 28, 2021
		textonly Text Only Scheduling Notice Thu 10/28 10:16 AM (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. The MOTION of Ronald L. Zambrano to Withdraw as Attorney20 is set for hearing on 11/29/2021 at 1:30 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dca) Related: [-]
Tuesday, October 26, 2021
20		20 motion Withdraw as Attorney Tue 10/26 11:10 AM NOTICE OF MOTION AND MOTION of Ronald L. Zambrano to Withdraw as Attorney filed by Plaintiff Elias Muniz. (Zambrano, Ronald) Related: [-]
		Att: 1 Proposed Order Proposed ORDER GRANTING MOTION TO WITHDRAW
Friday, October 08, 2021
19		19 adr Mediation Report (ADR-3) Unable to Reach Agreement Fri 10/08 9:33 AM MEDIATION REPORT Filed by Mediator (ADR Panel) Phillip K Cha: Mediation held on 10/1/21. The parties are unable to reach an agreement at this time. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link:[LINK:MediationParticipantSurvey] (Cha, Phillip) Related: [-]
Tuesday, August 24, 2021
18		18 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 08/24 1:15 PM Notice of Appearance or Withdrawal of Counsel: for attorney Ronald Leonardo Zambrano counsel for Plaintiff Elias Muniz. Sandra Acosta Tello is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Elias Muniz. (Zambrano, Ronald) Related: [-]
Monday, August 23, 2021
17		17 adr Notice of Assignment of Panel Mediator (ADR-11) Mon 08/23 12:01 PM NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Phillip K Cha has been assigned to serve as Panel Mediator. (lst) Related: [-]
Wednesday, August 18, 2021
16		16 adr Stipulation Regarding Selection of Panel Mediator (Consent) - (ADR-2) Wed 08/18 2:21 PM STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Phillip Cha may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 10/1/2021 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Elias Muniz(Zambrano, Ronald) Related: [-]
15		15 adr Notice of Mediation Date (ADR-13) Wed 08/18 9:06 AM NOTICE OF MEDIATION DATE filed. Mediation set for October 1, 2021.(Zambrano, Ronald) Related: [-]
Monday, June 28, 2021
14		14 order Minutes of In Chambers Order/Directive - form only -no proceeding held Mon 06/28 11:29 AM ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp) Related: [-]
13		13 order Pretrial-Trial Scheduling Order - form only Mon 06/28 11:28 AM SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 2/3/2022. LAST DATE TO HEAR MOTIONS is 4/4/2022. Last date to conduct settlement conference is 2/17/2022. Pretrial Conference set for 6/6/2022 at 3:00 p.m. Jury Trial set for 6/14/2022 at 8:30 a.m. (rrp) Related: [-]
Tuesday, June 15, 2021
12		12 misc Joint Report Rule 26(f) Discovery Plan Tue 06/15 3:45 PM JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Kroger Co... (Escareno, Abraham) Related: [-]
Tuesday, April 20, 2021
11		11 order Initial Order upon Filing of Complaint - form only Tue 04/20 4:03 PM NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on June 24, 2021. (cw) Related: [-]
10		10 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Tue 04/20 11:22 AM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) Related: [-]
9		9 notice Notice of Assignment to United States Judges (CV-18) - optional html form Tue 04/20 11:22 AM NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick. (car) Related: [-]
Friday, April 16, 2021
8		8 service Proof of Service (subsequent documents) Fri 04/16 3:47 PM CERTIFICATE OF SERVICE filed by defendant KROGER CO., re Proof of Service (subsequent documents),7 , Notice (Other)6 , Civil Cover Sheet (CV-71)2 , Declaration4 , Notice of Removal (Attorney Civil Case Opening),,1 , Certificate/Notice of Interested Parties3 , Corporate Disclosure Statement5 served on April 16, 2021.(Escareno, Abraham) Related: [-]
		Att: 1 Exhibit Notice to the Clerk of the Superior Court and to Adverse Party re Removal of Action
7		7 service Proof of Service (subsequent documents) Fri 04/16 11:36 AM CERTIFICATE OF SERVICE filed by defendant KROGER CO., re Notice (Other)6 , Civil Cover Sheet (CV-71)2 , Declaration4 , Notice of Removal (Attorney Civil Case Opening),,1 , Certificate/Notice of Interested Parties3 , Corporate Disclosure Statement5 served on April 16, 2021. (Escareno, Abraham) Related: [-]
6		6 notice Notice (Other) Fri 04/16 11:33 AM NOTICE of Pendency of Other Actions or Proceedings filed by defendant KROGER CO.. (Escareno, Abraham) Related: [-]
5		5 misc Corporate Disclosure Statement Fri 04/16 11:30 AM CORPORATE DISCLOSURE STATEMENT in Support of Notice of Removal of Civil Action to Federal Court filed by Defendant KROGER CO. identifying Kroger Co. as Corporate Parent. (Escareno, Abraham) Related: [-]
4		4 misc Declaration Fri 04/16 11:26 AM DECLARATION of Dorothy D Roberts re Notice of Removal (Attorney Civil Case Opening),,1 filed by Defendant KROGER CO.. (Escareno, Abraham) Related: [-]
3		3 notice Certificate/Notice of Interested Parties Fri 04/16 11:22 AM Defendant's NOTICE of Interested Parties filed by defendant KROGER CO., identifying Kroger Co.. (Escareno, Abraham) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Fri 04/16 11:18 AM CIVIL COVER SHEET filed by Defendant KROGER CO.. (Escareno, Abraham) Related: [-]
1		1 7 pgs notice Notice of Removal (Attorney Civil Case Opening) Fri 04/16 11:02 AM NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2021 01186338-CU-OE-NJC Receipt No: ACACDC-31128117 - Fee: $402, filed by defendant KROGER CO.. (Attorney Abraham Escareno added to party KROGER CO.(pty:dft))(Escareno, Abraham) Related: [-]
		Att: 1 Exhibit Summons and Complaint, Demand for Jury Trial,
		Att: 2 Exhibit Proof of Service of Summons,
		Att: 3 9 pgs Exhibit Defendant's Answer to Complaint,
		Att: 4 Exhibit Civil Cover Sheet,
		Att: 5 Exhibit Notice of Hearing of Case Management Conference
		cmp Complaint - (Discovery) Tue 04/20 11:31 AM CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Kroger Co. Jury Demanded, filed by Plaintiff Elias Muniz. Filed in State Court on 2/26/2021 Submitted with Attachment 1 to Notice of Removal1 (car) Related: [-]
		service Service of Summons and Complaint Returned Executed (21 days) Tue 04/20 11:34 AM CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Elias Muniz, upon Defendant Kroger Co. served on 3/17/2021, answer due 4/7/2021. Service of the Summons and Complaint were executed upon Nicole Stauss Authorized Agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Submitted with Attachment 2 to Notice of Removal1 (car) Related: [-]
		answer Answer to Complaint (Discovery) Tue 04/20 11:36 AM NON-CONFORMED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Kroger Co. Submitted with Attachment 3 to Notice of Removal1 .(car) Related: [-]

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