Hester v. Setton Pistachio of Terra Bella, Inc.
| California Eastern District Court | |
| Judge: | Jennifer L Thurston |
| Referred: | Sheila K Oberto |
| Case #: | 1:22-cv-00593 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1331 Fed. Question |
| Case Filed: | May 18, 2022 |
| Terminated: | Jul 15, 2022 |
| Case in other court: | Tulare County Superior Court, VCU287299 |
| Last checked: Monday Nov 14, 2022 1:32 AM PST |
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Defendant
Setton Pistachio of Terra Bella, Inc.
a California corporation 9370 Road 234
Terra Bella, CA 93270 |
Represented By
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Plaintiff
Justin Hester
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Represented By
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GPO
Jul 15 2022
ORDER Remanding Case to State Court, signed by District Judge Jennifer L. Thurston on 07/15/2022. CASE CLOSED. Certified copy of remand order sent to Tulare County Superior Court. (Maldonado, C) |
| Docket last updated: 04/30/2025 11:59 PM PDT |
| Friday, July 15, 2022 | ||
| 16 | 16
1
pgs
order
Order ~Util - Case Remanded Order on Motion to Remand Order on Motion to Compel Order on Motion for Miscellaneous Relief
Fri 07/15 9:53 AM
ORDER Remanding Case to State Court, signed by District Judge Jennifer L. Thurston on 07/15/2022. CASE CLOSED. Certified copy of remand order sent to Tulare County Superior Court. (Maldonado, C) |
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| 15 | 15
misc
Stipulation
Fri 07/15 8:57 AM
STIPULATION To Remand Case to State Court by Setton Pistachio of Terra Bella, Inc..(Raimondo, Anthony) |
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Att: 1
Proposed Order to Remand Case to State Court,
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Att: 2
Proof of Service
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| Friday, July 01, 2022 | ||
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order
Minute Order
Fri 07/01 12:30 PM
MINUTE ORDER (Text Only Entry) The Court is presently engaged in a highly-complex, 6-8 week criminal jury trial. Nonetheless, the Court has preliminarily examined the papers filed thus far in connection with the pending motions to remand7 11 , to compel arbitration and stay8 9 , and for administrative relief12 13 . Although the Court expresses no opinion on the merits of the pending motions at this time, two things suggest informal resolution of this matter among the parties may save considerable time and resources for all involved: (1) the Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022); and (2) the fact that this Court must first resolve whether it has jurisdiction over this case before addressing any substantive motions (such as a motion to compel arbitration). Although the parties appear to have been in communication about the pending motions, it is unclear whether a meaningful and earnest meet-and-confer has yet taken place. Therefore, within fourteen days of the date of this minute order, the parties are directed to meet and confer as to all of the pending motions. In an effort to provide some breathing room for that process to take place, all deadlines in this case are likewise continued by fourteen days. The parties are reminded once again that pursuant to the undersigned's standing order2 -1, all civil motions will be decided on the papers without oral argument signed by District Judge Jennifer L. Thurston on July 1, 2022. (Munoz, I) |
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| Thursday, June 30, 2022 | ||
| 13 | 13
motion
Miscellaneous Relief
Thu 06/30 4:21 PM
AMENDED MOTION re12 Motion for Miscellaneous Relief,, by Setton Pistachio of Terra Bella, Inc.. Motion Hearing set for 7/6/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Raimondo, Anthony) |
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Att: 1
Proof of Service
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| Wednesday, June 29, 2022 | ||
| 12 | 12
motion
Miscellaneous Relief
Wed 06/29 3:03 PM
MOTION Alternative Briefing Schedule by Setton Pistachio of Terra Bella, Inc.. Motion Hearing set for 7/5/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Raimondo, Anthony) |
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Att: 1
Declaration of James D. Miller In Support of Motion for Administrative Relief of Defendant for Alternative Briefing Schedule,
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Att: 2
Proposed Order Granting Motion for Administrative Relief of Defendant for Alternative Briefing Schedule,
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Att: 3
Proof of Service for Notice and Motion, Declaration, and Proposed Order
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| 11 | 11
motion
Remand
Wed 06/29 11:39 AM
AMENDED MOTION to REMAND amending7 Motion to Remand, by Justin Hester. Motion Hearing set for 8/3/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Shaw, Brittany) |
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| Friday, June 24, 2022 | ||
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order
Minute Order
Fri 06/24 4:35 PM
MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to remand; motion to compel arbitration; motion to stay7 8 9 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on June 24, 2022. (Munoz, I) |
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| Thursday, June 23, 2022 | ||
| 9 | 9
motion
Compel
Thu 06/23 10:20 AM
AMENDED MOTION to COMPEL amending8 Motion to Compel,, Arbitration and to Stay This Action by Setton Pistachio of Terra Bella, Inc.. Motion Hearing set for 7/28/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Raimondo, Anthony) |
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Att: 1
Proof of Service Certificate of Service for Amended notice of Motion and Motion to Compel Arbitration and to Stay This Action
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| Tuesday, June 21, 2022 | ||
| 8 | 8
motion
Compel
Tue 06/21 12:06 PM
MOTION to COMPEL Arbitration and to Stay this Action by Setton Pistachio of Terra Bella, Inc.. Motion Hearing set for 7/5/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Raimondo, Anthony) |
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Att: 1
Request for Judicial Notice iso Motion to Compel Arbitration,
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Att: 2
Points and Authorities Memorandum of Points & Authorities iso Motion to Compel Arbitration,
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Att: 3
Declaration JDM Declaration iso Motion to Compel Arbitration,
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Att: 4
Declaration Janice Fowler Declaration iso Motion to Compel Arbitration,
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Att: 5
Proposed Order Proposed Order Granting Motion to Compel Arbitration,
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Att: 6
Proof of Service Proof of Service of All Related Documents iso Motion
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| Friday, June 17, 2022 | ||
| 7 | 7
motion
Remand
Fri 06/17 5:00 PM
MOTION to REMAND by Justin Hester. Motion Hearing set for 7/15/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Shaw, Brittany) |
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Att: 1
Declaration Of Brittany L. Shaw In Support of Plaintiff's Motion to Remand,
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Att: 2
Proposed Order
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| Monday, May 23, 2022 | ||
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notice
Notice of Appearance
Mon 05/23 5:16 PM
NOTICE of APPEARANCE by Travis Joseph Maher on behalf of Justin Hester. Attorney Maher, Travis Joseph added. (Maher, Travis) |
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notice
Notice of Appearance
Mon 05/23 4:05 PM
NOTICE of APPEARANCE by Brittany Lyn Shaw on behalf of Justin Hester. Attorney Shaw, Brittany Lyn added. (Shaw, Brittany) |
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| 4 | 4
notice
Notice of Appearance
Mon 05/23 3:20 PM
NOTICE of APPEARANCE by Tara Zabehi on behalf of Justin Hester. Attorney Zabehi, Tara added. (Zabehi, Tara) |
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| 3 | 3
notice
Notice of Related Case
Mon 05/23 3:13 PM
NOTICE of RELATED CASE(S) 1:19-cv-00959-JLT by Setton Pistachio of Terra Bella, Inc.. (Raimondo, Anthony) |
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| Thursday, May 19, 2022 | ||
| 2 | 2
misc
Civil New Case Documents for JLT
Thu 05/19 11:34 AM
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/23/2022 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Jessen, A) |
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Att: 1
Standing Order,
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Att: 2
Consent Form,
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Att: 3
VDRP
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| Wednesday, May 18, 2022 | ||
| 1 | 1
NOTICE of REMOVAL from Tulare County Superior Court, case number VCU287299 by Setton Pistachio of Terra Bella, Inc.. (Filing fee $ 402, receipt number ACAEDC-10238238)(Raimondo, Anthony)
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Att: 1
Civil Cover Sheet Civil Case Cover Sheet for Notice of Removal,
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Att: 2
Declaration Declaration of Kevin B. Piercy iso Notice of Removal,
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Att: 3
Declaration Declaration of Lee Cohen iso Notice of Removal,
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Att: 4
Certificate of Record Certification of Interested Entities or Persons
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