Eve Storm v. O'Reilly Auto Enterprises, LLC et al
| California Central District Court | |
| Judge: | Fernando L Aenlle-Rocha |
| Referred: | Margo A Rocconi |
| Case #: | 5:23-cv-00597 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Apr 05, 2023 |
| Terminated: | May 02, 2024 |
| Last checked: Friday Oct 13, 2023 4:13 AM PDT |
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Defendant
Express Services, Inc.
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Represented By
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Defendant
O'Reilly Auto Enterprises, LLC
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Represented By
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Defendant
Does
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Plaintiff
Eve Storm
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Represented By
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| Docket last updated: 05/07/2025 11:59 PM PDT |
| Thursday, May 02, 2024 | ||
| 48 | 48
order
Dismissing Case
Thu 05/02 10:49 AM
ORDER DISMISSING ACTION47 by Judge Fernando L. Aenlle-Rocha. Having considered the Notice of Settlement and finding good cause therefor, the court hereby ORDERS: 1. All deadlines governing this action are VACATED. 2. The court DISMISSES the action without prejudice. (SEE DOCUMENT FOR FURTHER DETAILS.) Case Terminated. Made JS-6. (rolm) |
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| Monday, April 29, 2024 | ||
| 47 | 47
stip
Stay Case
Mon 04/29 3:29 PM
Joint STIPULATION to Stay Case pending the Approval of the Class Action Settlement filed by Plaintiff Eve Storm.(Spivak, David) |
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Att: 1
Proposed Order Granting Stipulation to Stay Case
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textonly
Text Only Scheduling Notice
Mon 04/29 1:27 PM
(IN CHAMBERS) ORDER STRIKING STIPULATION (DKT.45 ) by Judge Fernando L. Aenlle-Rocha: The court STRIKES the parties' Joint Notice of Settlement of Class Action Stipulation to Stay Case for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. Failure to comply with all applicable statutes and Local Rules in any renewed stipulation, including Local Rule 5-4.3.4, may result in the denial of the stipulation with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
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| Friday, April 26, 2024 | ||
| 45 | 45
stip
Stay Case
Fri 04/26 10:36 AM
Joint STIPULATION to Stay Case pending the Approval of the Class Action Settlement filed by Plaintiff Eve Storm.(Spivak, David) |
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Att: 1
Proposed Order Granting Stipulation to Stay Case
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| Monday, November 06, 2023 | ||
| 44 | 44
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings
Mon 11/06 2:18 PM
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER DISCHARGING ORDER TO SHOW CAUSE. On August 25, 2023, the court ordered the parties to show cause why the action styled Eve Storm v. O'Reilly Auto Enterprises, LLC (the "Storm action"), Case No. 5:23-cv-00597-FLA (MARx) ("Case 23-00597 ), should not be consolidated with the action styled Gary Cull v. O'Reilly Auto Enterprises, LLC (the "Cull action"), Case No. 5:23-cv-01623-FLA (MARx) ("Case 23-01623 ). Plaintiffs responded to the court's OSC. Case 23- 00597, Dkt. 41; Case 23-01623 Dkt. 16. Defendants did not respond. Having reviewed and considered Plaintiffs' responses, the court finds consolidation is not warranted at present and DISCHARGES the OSC. (lc) |
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| Tuesday, September 19, 2023 | ||
| 43 | 43
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 09/19 12:07 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Victoria Bolade Ayeni counsel for Defendant Express Services, Inc.. Victoria Bolade Ayeni will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Victoria Bolade Ayeni 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 Express Services, Inc.. (Ayeni, Victoria) |
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| Wednesday, September 06, 2023 | ||
| 42 | 42
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 09/06 4:05 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Tyler James Johnson counsel for Defendant Express Services, Inc.. Tyler J. Johnson 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 Express Services, Inc.. (Johnson, Tyler) |
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| 41 | 41
misc
Response
Wed 09/06 10:09 AM
RESPONSE filed by Plaintiff Eve Stormto Order to Show Cause,39 (Spivak, David) |
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| Monday, August 28, 2023 | ||
| 40 | 40
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Mon 08/28 6:26 PM
NOTICE of Change of Attorney Business or Contact Information: for attorney Morgan P Forsey counsel for Defendant Express Services, Inc.. Changing address and firm name to ARENTFOX SCHIFF LLP, 555 West Fifth Street, 48th Floor, Los Angeles, CA 90013. Changing email to morgan.forsey@afslaw.com. Filed by Defendant Express Services, Inc.. (Forsey, Morgan) |
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| Friday, August 25, 2023 | ||
| 39 | 39
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pgs
order
Order to Show Cause
Fri 08/25 3:59 PM
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT CONSOLIDATE RELATED ACTIONS by Judge Fernando L. Aenlle-Rocha: On August 23, 2022, Case 23-1623 was related to Case 23-597 and transferred to this court. The court Orders the parties to show cause in writing, by September 8, 2023, why the two actions should not be consolidated with Case 23-597 designated the lead case. Failure to respond timely will be deemed consent to consolidation. (lc) Modified on 8/25/2023 (lc) |
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| Friday, August 18, 2023 | ||
| 38 | 38
notice
Related Case(s)
Fri 08/18 3:52 PM
NOTICE of Related Case(s) filed by Plaintiff Eve Storm. Related Case(s): 5:23cv01623 FWS (KKx) (Spivak, David) |
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| Tuesday, August 08, 2023 | ||
| 37 | 37
textonly
Text Only Scheduling Notice
Tue 08/08 10:16 AM
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT EXPRESS SERVICES, INC. TO COMPEL ARBITRATION OF PLAINTIFF'S INDIVIDUAL CLAIMS AND DISMISS PLAINTIFF'S PROPOSED CLASS CLAIMS (DKT.18 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Compel Arbitration of Plaintiff's Individual Claims and Dismiss Plaintiff's Proposed Class Claims currently scheduled for hearing on August 11, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
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| Monday, August 07, 2023 | ||
| 36 | 36
misc
Response
Mon 08/07 4:40 PM
RESPONSE filed by Defendant Express Services, Inc.to Order to Show Cause,,,30 (Joint Response to OSC)(Johnson, Tyler) |
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Att: 1
Declaration of Harvey H.H. Homsey in Support of Joint Response to Order to Show Cause,
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Att: 2
Declaration of Kristin Steele in Support of Response to Order to Show Cause,
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Att: 3
Declaration of Mark Merz in Support of Response to Order to Show Cause
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| Friday, July 28, 2023 | ||
| 35 | 35
respm
Reply (Motion related)
Fri 07/28 3:38 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration18 filed by Defendant O'Reilly Auto Enterprises, LLC. (Paradis, Derek) |
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| 34 | 34
respm
Reply (Motion related)
Fri 07/28 9:19 AM
REPLY in support of motion NOTICE OF MOTION AND MOTION to Compel Arbitration18 filed by Defendant Express Services, Inc.. (Johnson, Tyler) |
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| Wednesday, July 26, 2023 | ||
| 33 | 33
respm
Supplement (Motion related)
Wed 07/26 3:02 PM
SUPPLEMENT to NOTICE OF MOTION AND MOTION to Compel Arbitration18 Plaintiff's Notice of New Authority of The United States Court of Appeals for the Ninth Circuit Decision in Support of Plaintiff's Opposition to Defendants' Motion to Compel Arbitration filed by Plaintiff Eve Storm. (Spivak, David) |
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| 32 | 32
order
Stay Case
Wed 07/26 10:44 AM
ORDER GRANTING STIPULATION TO STAY DISCOVERY PENDING RULING ON DEFENDANTS' MOTION TO COMPEL INDIVIDUAL ARBITRATION, AND WITHDRAW DEFENDANT O'REILLY'SMOTION TO STAY DISCOVERY PENDING RULING ON MOTION TO COMPEL INDIVIDUALARBITRATION31 by Judge Fernando L. Aenlle-Rocha: 1. OReillys Motion to Stay Discovery Pending Ruling on Defendants' Motion to Compel Individual Arbitration20 is hereby withdrawn and DENIED as MOOT; and 2. Discovery is stayed pending the court's ruling on Defendants' Motion to Compel Individual Arbitration (Dkts. 18, 19). (lc) |
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| Tuesday, July 25, 2023 | ||
| 31 | 31
stip
Stay Case
Tue 07/25 10:49 AM
STIPULATION to Stay Case pending Ruling on Defendants' Motion to Compel Individual Arbitration filed by Defendant O'Reilly Auto Enterprises, LLC.(Paradis, Derek) |
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Att: 1
Proposed Order
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| Monday, July 24, 2023 | ||
| 30 | 30
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pgs
order
Order to Show Cause
Mon 07/24 4:49 PM
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha: The parties are ORDERED TO SHOW CAUSE, in writing only, within fourteen (14) days from the date of this Order, why this action should not be dismissed for lack of subject matter jurisdiction. The parties are encouraged to submit evidence and/or judicially noticeable facts in response to the court's Order. Responses shall be limited to ten (10) pages in length. The parties should consider this Order to be a two-pronged inquiry into the facial and factual sufficiency of Plaintiff's demonstration of jurisdiction. As Plaintiff is the party asserting federal jurisdiction, Plaintiff's failure to respond timely and fully to this Order shall result in dismissal of the action without further notice. (lc) |
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| Friday, July 21, 2023 | ||
| 29 | 29
respm
Objection/Opposition (Motion related)
Fri 07/21 7:05 PM
OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Compel Arbitration18 filed by Plaintiff Eve Storm.(Spivak, David) |
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Att: 1
Declaration Declaration of David Spivak in Support of Plaintiff's Opposition to Defendant Express Services, Inc.'s Motion to Compel Arbitration,
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Att: 2
Declaration Declaration of Plaintiff Eve Storm in Support of Plaintiff's Opposition to Defendants' Motion to Compel Arbitration
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| 28 | 28
respm
Joinder (Motion Related)
Fri 07/21 2:10 PM
JOINDER in NOTICE OF MOTION AND MOTION to Stay Case pending Ruling on Defendants' Motion to Compel Individual Arbitration Motion to Stay Discovery 20 filed by Defendant Express Services, Inc.. (Ayeni, Victoria) |
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| Wednesday, July 19, 2023 | ||
| 27 | 27
stip
Admissions
Wed 07/19 12:36 PM
STIPULATION for Admissions of O'Reilly Auto Enterprises, LLC filed by Plaintiff Eve Storm.(Spivak, David) |
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| Friday, June 30, 2023 | ||
| 26 | 26
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pgs
order
Order ~Util - Set/Reset Motion Hearing and R&R Deadlines
Fri 06/30 11:55 AM
ORDER GRANTING25 STIPULATION TO CONTINUE HEARING DATE ON DEFENDANT O'REILLY AUTO ENTERPRISES, LLC'S MOTION TO STAY DISCOVERY PENDING RULING ON DEFENDANTS' MOTION TO COMPEL INDIVIDUAL ARBITRATION FROM JULY 21, 2023 TO AUGUST 11, 2023 AT 1:30 PM25 by Judge Fernando L. Aenlle-Rocha. (lc) |
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| Wednesday, June 28, 2023 | ||
| 25 | 25
stip
Continue
Wed 06/28 10:42 AM
STIPULATION to Continue Hearing Date on Defendant OReilly Auto Enterprises, LLCs Motion To Stay Discovery Pending Ruling On Defendants Motion To Compel Individual Arbitration from July 21, 2023 to August 11, 2023 at 1:30 p.m. Re: NOTICE OF MOTION AND MOTION to Stay Case pending Ruling on Defendants' Motion to Compel Individual Arbitration Motion to Stay Discovery 20 filed by Defendant O'Reilly Auto Enterprises, LLC.(Paradis, Derek) |
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Att: 1
Proposed Order
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| Monday, June 26, 2023 | ||
| 24 | 24
notice
Appearance
Mon 06/26 12:04 PM
NOTICE of Appearance filed by attorney James M Peterson on behalf of Defendant O'Reilly Auto Enterprises, LLC (Attorney James M Peterson added to party O'Reilly Auto Enterprises, LLC(pty:dft))(Peterson, James) |
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| 23 | 23
notice
Appearance
Mon 06/26 11:42 AM
NOTICE of Appearance filed by attorney Morgan P Forsey on behalf of Defendant Express Services, Inc. (Attorney Morgan P Forsey added to party Express Services, Inc.(pty:dft))(Forsey, Morgan) |
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notice
Appearance
Mon 06/26 11:28 AM
NOTICE of Appearance filed by attorney Nora Kathleen Stilestein on behalf of Defendant Express Services, Inc. (Attorney Nora Kathleen Stilestein added to party Express Services, Inc.(pty:dft))(Stilestein, Nora) |
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| 21 | 21
notice
Appearance
Mon 06/26 10:48 AM
NOTICE of Appearance filed by attorney Victoria Bolade Ayeni on behalf of Defendant Express Services, Inc. (Attorney Victoria Bolade Ayeni added to party Express Services, Inc.(pty:dft))(Ayeni, Victoria) |
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| Thursday, June 22, 2023 | ||
| 20 | 20
motion
Stay Case
Thu 06/22 3:15 PM
NOTICE OF MOTION AND MOTION to Stay Case pending Ruling on Defendants' Motion to Compel Individual Arbitration Motion to Stay Discovery filed by Defendant O'Reilly Auto Enterprises, LLC. Motion set for hearing on 7/21/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Paradis, Derek) |
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Att: 1
Memorandum,
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Att: 2
Declaration of Derek Paradis in Support of Motion to Stay Discovery Pending Ruling,
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Att: 3
Proposed Order
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| Monday, June 12, 2023 | ||
| 19 | 19
respm
Joinder (Motion Related)
Mon 06/12 6:16 PM
JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration18 filed by Defendant O'Reilly Auto Enterprises, LLC. (Attorney Derek W Paradis added to party O'Reilly Auto Enterprises, LLC(pty:dft))(Paradis, Derek) |
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motion
Compel Arbitration
Mon 06/12 12:41 PM
NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Express Services, Inc.. Motion set for hearing on 8/11/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attorney Tyler James Johnson added to party Express Services, Inc.(pty:dft)) (Johnson, Tyler) |
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Att: 1
Memorandum Memorandum of Points and Authorities in Support of Motion to Compel Arbitration,
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Att: 2
Declaration of Harvey H.H. Homsey in Support of Motion to Compel Arbitration,
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Att: 3
Declaration of Tyler Johnson in Support of Motion to Compel Arbitration,
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Att: 4
Declaration of Angela Edwards in Support of Motion to Compel Arbitration,
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Att: 5
Proposed Order Granting Defendant Express Services Inc.'s Motion to Compel Arbitration
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| Tuesday, May 23, 2023 | ||
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attorney
Change of Address
Tue 05/23 4:17 PM
NOTICE of Change of address by Walter L Haines attorney for Plaintiff Eve Storm. Changing attorneys address to 8605 Santa Monica Blvd., #63354 West Hollywood, CA 90069. Filed by Plaintiff Eve Storm.(Haines, Walter) |
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Att: 1
Affidavit Proof of Service
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| Tuesday, May 16, 2023 | ||
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service
Waiver of Service Executed
Tue 05/16 5:32 PM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Eve Storm. upon Express Services, Inc. waiver sent by Plaintiff on 4/13/2023, answer due 6/12/2023. Waiver of Service signed by Tyler J. Johnson, Esq.. (Spivak, David) |
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| Wednesday, May 03, 2023 | ||
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service
Waiver of Service Executed
Wed 05/03 10:59 AM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Eve Storm. upon O'Reilly Auto Enterprises, LLC waiver sent by Plaintiff on 4/13/2023, answer due 6/12/2023. Waiver of Service signed by Derek W. Paradis, Esq.. (Spivak, David) |
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| Wednesday, April 12, 2023 | ||
| 14 | 14
order
Initial Order upon Filing of Complaint - form only
Wed 04/12 8:43 AM
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) |
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| Tuesday, April 11, 2023 | ||
| 13 | 13
order
Transferring Case purs GO 21-01 (Related Case)(CV-34)
Tue 04/11 2:16 PM
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 5:22-cv-01510-FLA-MARx. Case transferred from Magistrate Judge Kenly Kiya Kato and Judge Sunshine Suzanne Sykes to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Margo A. Rocconi for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:23-cv-00597-FLA-MARx. Signed by Judge Fernando L. Aenlle-Rocha. (aco) |
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| Friday, April 07, 2023 | ||
| 12 | 12
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Fri 04/07 12:22 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Association of Counsel10 . The following error(s) was/were found: Notice of Association of Counsel not signed by United Employees Law Group. 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) |
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| Thursday, April 06, 2023 | ||
| 11 | 11
service
Summons Issued
Thu 04/06 4:21 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants Express Services, Inc., O'Reilly Auto Enterprises, LLC. (shb) |
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attorney
Association of Counsel
Thu 04/06 11:50 AM
NOTICE of Association of Counsel associating attorney Walter Haines on behalf of Plaintiff Eve Storm. Filed by Plaintiff Eve Storm (Spivak, David) |
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| Wednesday, April 05, 2023 | ||
| 9 | 9
trial
Jury Demand
Wed 04/05 6:04 PM
DEMAND for Jury Trial filed by Plaintiff Eve Storm.. (Spivak, David) |
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| 8 | 8
notice
Summons Request
Wed 04/05 5:56 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Eve Storm. (Spivak, David) |
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| 7 | 7
notice
Certificate/Notice of Interested Parties
Wed 04/05 5:49 PM
CERTIFICATE of Interested Parties filed by Plaintiff Eve Storm, (Spivak, David) |
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| 6 | 6
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Wed 04/05 5:25 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 04/05 5:25 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
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| 4 | 4
notice
Deficiency in Attorney Case Opening
Wed 04/05 5:25 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Wed 04/05 5:24 PM
NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (car) |
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misc
Civil Cover Sheet (CV-71)
Wed 04/05 10:50 AM
CIVIL COVER SHEET filed by Plaintiff Eve Storm. (Spivak, David) |
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| 1 | 1
26
pgs
cmp
Complaint (Attorney Civil Case Opening)
Wed 04/05 10:46 AM
COMPLAINT Receipt No: ACACDC-35084009 - Fee: $402, filed by Plaintiff Eve Storm. (Attorney David G Spivak added to party Eve Storm(pty:pla))(Spivak, David) |
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