Enrique Rocco v. National Distribution Centers, LLC et al
| California Central District Court | |
| Judge: | Sunshine Suzanne Sykes |
| Referred: | Kenly Kiya Kato |
| Case #: | 5:23-cv-00623 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1441 Notice of Removal - Labor/Mgmnt. Relations |
| Case Filed: | Apr 07, 2023 |
| Terminated: | Jul 13, 2023 |
| Case in other court: | San Bernardino County Superior Court, CIV SB 2300530 |
| Last checked: Friday Oct 13, 2023 4:28 AM PDT |
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Defendant
National Distribution Centers, LLC
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Represented By
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Defendant
Sidney R. Brown
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Represented By
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Defendant
Does
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Defendant
Alvaro Mendoza
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Represented By
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Plaintiff
Enrique Rocco
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Represented By
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| Docket last updated: 5 hours ago |
| Monday, March 25, 2024 | ||
| 39 | 39
misc
Receipt
Fri 03/29 3:34 PM
Receipt of REMAND LETTER (twdb) |
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| Wednesday, August 30, 2023 | ||
| 38 | 38
order
Reconsideration
Sun 09/03 10:40 PM
ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION OF CASE REMANDED TO STATE COURT [DKT. 34] by Judge Sunshine Suzanne Sykes. For the above reasons, Defendants' Motion for Reconsideration is DENIED for failure to comply with Local Rule 7-3's meet-and-confer requirements and for lack of jurisdiction. (lom) |
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| 37 | 37
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Text Only Scheduling Notice
Wed 08/30 11:40 AM
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion for Reconsideration [Dkt. 34] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on September 1, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) |
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| Friday, August 18, 2023 | ||
| 36 | 36
respm
Response in Support of Motion
Fri 08/18 5:08 PM
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Compel Arbitration,, Order on Motion to Remand Case to State Court,32 34 filed by Defendants Sidney R. Brown, Alvaro Mendoza, National Distribution Centers, LLC. (Wallin, Allison) |
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| Friday, August 11, 2023 | ||
| 35 | 35
11
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respm
Memorandum in Opposition to Motion
Fri 08/11 2:26 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Compel Arbitration,, Order on Motion to Remand Case to State Court,32 34 filed by Plaintiff Enrique Rocco. (Carraher, Matthew) |
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| Tuesday, July 25, 2023 | ||
| 34 | 34
motion
Reconsideration
Tue 07/25 12:28 PM
NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Compel Arbitration,, Order on Motion to Remand Case to State Court,32 filed by Defendants Sidney R. Brown, Alvaro Mendoza, National Distribution Centers, LLC. Motion set for hearing on 9/1/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Wallin, Allison) |
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Att: 1
Memorandum,
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Att: 2
Declaration of Allison S. Wallin Support of Motion for Reconsideration of Case Remanded to State Court,
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Att: 3
Exhibit A - (Order) to Declaration of Allison S. Wallin,
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Att: 4
Proposed Order
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| Thursday, July 13, 2023 | ||
| 33 | 33
misc
Letter of Transmittal - Remand to Superior Court (G-17) - optional html form
Thu 07/13 10:31 AM
TRANSMITTAL of documents to San Bernardino Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to San Bernardino Superior Court. (shb) |
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| 32 | 32
order
Compel Arbitration Remand Case to State Court
Thu 07/13 10:26 AM
ORDER GRANTING PLAINTIFFS MOTION TO REMAND, [DKT. 15], AND DENYING DEFENDANTSMOTION TO COMPEL ARBITRATION, [DKT. 13] by Judge Sunshine Suzanne Sykes: The Court GRANTS the motion to remand. Because this Court does not have subject matter jurisdiction over this case, the Court DENIES the motion to compel arbitration as moot. This case is REMANDED to San Bernardino Superior Court CIV SB 2300530. MD JS-6. Case Terminated. (shb) |
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| Wednesday, June 28, 2023 | ||
| 31 | 31
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Wed 06/28 7:54 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Sunshine Suzanne Sykes. 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 9/13/2024. (iva) |
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| 30 | 30
order
Pretrial-Trial Scheduling Order - form only
Wed 06/28 7:53 AM
CIVIL TRIAL ORDER by Judge Sunshine Suzanne Sykes. Amended Pleadings due by 9/29/2023. Motions due by 8/23/2024. Last date to conduct settlement conference is 9/13/2024. Motion set for hearing on 11/1/2024 at 02:00 PM before Judge Sunshine Suzanne Sykes. Final Pretrial Conference set for 11/8/2024 01:00 PM before Judge Sunshine Suzanne Sykes. Jury Trial set for 11/25/2024 09:00 AM before Judge Sunshine Suzanne Sykes. (iva) |
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| Tuesday, June 20, 2023 | ||
| 29 | 29
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Text Only Scheduling Notice
Tue 06/20 4:25 PM
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge Sunshine S. Sykes: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on June 23, 2023 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) |
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| Tuesday, June 13, 2023 | ||
| 28 | 28
answer
Answer to Complaint (Discovery)
Tue 06/13 5:26 PM
ANSWER to Complaint - (Discovery), filed by Defendant Alvaro Mendoza.(Attorney Allison S Wallin added to party Alvaro Mendoza(pty:dft))(Wallin, Allison) |
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| Friday, June 09, 2023 | ||
| 27 | 27
misc
Joint Report Rule 26(f) Discovery Plan
Fri 06/09 4:43 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-15 days, filed by Plaintiff Enrique Rocco..(Carraher, Matthew) |
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Att: 1
Appendix Schedule Worksheet
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| Wednesday, June 07, 2023 | ||
| 26 | 26
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Generic Text Only Entry
Wed 06/07 4:42 PM
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: In view of the Proof of Service [Dkt. 25] as to Defendant Alvaro Mendoza, filed on June 7, 2023, the Court hereby DISCHARGES the OSC [Dkt. 17], issued on May 15, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) |
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| 25 | 25
service
Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days
Wed 06/07 11:13 AM
PROOF OF SERVICE Executed by Plaintiff Enrique Rocco, upon Defendant Alvaro Mendoza served on 5/26/2023, answer due 7/25/2023. Service of the Summons and Complaint were executed upon Alvaro Mendoza in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Due diligence declaration attached. Original Summons NOT returned. (Carraher, Matthew) |
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| Tuesday, June 06, 2023 | ||
| 24 | 24
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Text Only Scheduling Notice
Tue 06/06 1:05 PM
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on the Motion to Compel Arbitration [Dkt.13 ] and Motion to Remand [Dkt.15 ] from June 9, 2023, to July 14, 2023, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) |
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| Friday, May 26, 2023 | ||
| 23 | 23
respm
Reply (Motion related)
Fri 05/26 4:10 PM
REPLY Reply in Support of NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court15 filed by Plaintiff Enrique Rocco.(Carraher, Matthew) |
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Att: 1
Exhibit PLAINTIFFS EVIDENTIARY OBJECTIONS
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| Thursday, May 25, 2023 | ||
| 22 | 22
respm
Reply (Motion related)
Thu 05/25 5:20 PM
REPLY In Support Of NOTICE OF MOTION AND MOTION to Compel Arbitration13 filed by Defendants Sidney R. Brown, National Distribution Centers, LLC.(Wallin, Allison) |
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Att: 1
Declaration of Sarah Pontoski
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| 21 | 21
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 05/25 2:40 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jared Carraher counsel for Plaintiff Enrique Rocco. Jean Power 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 ENRIQUE ROCCO. (Carraher, Matthew) |
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| Wednesday, May 24, 2023 | ||
| 20 | 20
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 05/24 5:09 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jared Carraher counsel for Plaintiff Enrique Rocco. Adding Matthew J. Carraher as counsel of record for Plaintiff, Enrique Rocco for the reason indicated in the G-123 Notice. Filed by Plaintiff Enrique Rocco. (Attorney Matthew Jared Carraher added to party Enrique Rocco(pty:pla))(Carraher, Matthew) |
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| Friday, May 19, 2023 | ||
| 19 | 19
23
pgs
respm
Memorandum in Opposition to Motion
Fri 05/19 3:34 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court15 filed by Defendants Sidney R. Brown, National Distribution Centers, LLC.(Wallin, Allison) |
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Att: 1
Declaration of Mark Phillips
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| 18 | 18
respm
Objection/Opposition (Motion related)
Fri 05/19 1:44 PM
OPPOSITION Motion to Compel Arbitration re: NOTICE OF MOTION AND MOTION to Compel Arbitration13 filed by Plaintiff Enrique Rocco. (Power, Jean) |
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| Monday, May 15, 2023 | ||
| 17 | 17
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Generic Text Only Entry
Mon 05/15 4:40 PM
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: The Court is in receipt of Plaintiff's Declaration [Dkt. 16], that provides the Court an update on the service of process pertaining Defendant Alvaro Mendoza and requests that the OSC be continued. In view of the Declaration, the Court hereby GRANTS Plaintiff's request. Plaintiff is directed to file an executed Waiver of Service of Summons, or a Proof of Service of the Summons and Complaint no later than June 14, 2023. If Plaintiff requires additional time, Plaintiff is directed to file an appropriate motion seeking the desired relief. The Court further extends the OSC deadline to June 14, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) |
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| Friday, May 12, 2023 | ||
| 16 | 16
misc
Declaration
Fri 05/12 11:47 AM
DECLARATION of Jean H. Power re Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,,12 filed by Plaintiff Enrique Rocco. (Power, Jean) |
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| Friday, May 05, 2023 | ||
| 15 | 15
motion
Remand Case to State Court
Fri 05/05 2:03 PM
NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court Enrique Rocco. Motion set for hearing on 6/9/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Power, Jean) |
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Att: 1
Exhibit Ex. A,
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Att: 2
Declaration Decl of Jean H. Power,
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Att: 3
Proposed Order Proposed Order
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| 14 | 14
service
Proof of Service (subsequent documents)
Fri 05/05 10:13 AM
PROOF OF SERVICE filed by Defendants Sidney R. Brown, National Distribution Centers, LLC, re NOTICE OF MOTION AND MOTION to Compel Arbitration13 served on May 5, 2023. (Arceo, Alvin) |
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| Thursday, May 04, 2023 | ||
| 13 | 13
motion
Compel Arbitration
Thu 05/04 9:45 PM
NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Sidney R. Brown, National Distribution Centers, LLC. Motion set for hearing on 6/9/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Wallin, Allison) |
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Att: 1
Memorandum,
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Att: 2
Declaration of A. Wallin ISO Motion to Compel Arbitration,
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Att: 3
Exhibit A to Allison Wallin Decl. ISO Motion to Compel Arbitration,
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Att: 4
Exhibit B to Allison Wallin Decl. ISO Motion to Compel Arbitration,
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Att: 5
Declaration of M. Montesano ISO Motion to Compel Arbitration,
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Att: 6
Exhibit A to Michelle Montesano Decl. ISO Motion to Compel Arbitration,
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Att: 7
Exhibit B to Michelle Montesano Decl. ISO Motion to Compel Arbitration,
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Att: 8
Proposed Order
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| Friday, April 28, 2023 | ||
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order
Minutes of In Chambers Order/Directive - no proceeding held Order to Show Cause
Mon 05/01 8:52 AM
(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before May 12, 2023, why this action should not be dismissed, with respect to each Defendant who has not been served, for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a proof of service of the summons and complaint.IT IS SO ORDERED. (shb) |
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| Monday, April 17, 2023 | ||
| 11 | 11
order
Initial Order Setting R26 Scheduling Conference - form only
Mon 04/17 4:27 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 6/23/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva) |
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| Thursday, April 13, 2023 | ||
| 10 | 10
service
Proof of Service (subsequent documents)
Thu 04/13 2:55 PM
PROOF OF SERVICE filed by Defendant National Distribution Centers, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form5 , Initial Order upon Filing of Complaint - form only9 served on April 13, 2023. (Wallin, Allison) |
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| Wednesday, April 12, 2023 | ||
| 9 | 9
order
Initial Order upon Filing of Complaint - form only
Wed 04/12 2:09 PM
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) |
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| Monday, April 10, 2023 | ||
| 8 | 8
service
Proof of Service (subsequent documents)
Mon 04/10 5:09 PM
PROOF OF SERVICE filed by Defendants Sidney R. Brown, National Distribution Centers, LLC, re Corporate Disclosure Statement3 , Civil Cover Sheet (CV-71)2 , Certificate/Notice of Interested Parties4 , Notice of Removal (Attorney Civil Case Opening),,1 served on April 10, 2023. (Arceo, Alvin) |
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| 7 | 7
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Mon 04/10 1:57 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 04/10 1:56 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 04/10 1:56 PM
NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (ghap) |
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| Friday, April 07, 2023 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Fri 04/07 7:43 PM
NOTICE of Interested Parties filed by Defendant National Distribution Centers, LLC, identifying National Distribution Centers, LLC, NFI Industries, Inc., NFI Management Services, LLC, and NFI, L.P.. (Arceo, Alvin) |
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misc
Corporate Disclosure Statement
Fri 04/07 7:40 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendant National Distribution Centers, LLC identifying NFI, L.P. as Corporate Parent. (Arceo, Alvin) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Fri 04/07 7:36 PM
CIVIL COVER SHEET filed by Defendants Sidney R Brown, National Distribution Centers, LLC. (Arceo, Alvin) |
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| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Fri 04/07 7:32 PM
NOTICE OF REMOVAL from San Bernardino, case number CIV SB 2300530 Receipt No: ACACDC-35105403 - Fee: $402, filed by Defendants Sidney R Brown, National Distribution Centers, LLC. (Attorney Alvin Arceo added to party Sidney R Brown(pty:dft), Attorney Alvin Arceo added to party National Distribution Centers, LLC(pty:dft))(Arceo, Alvin) |
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Att: 1
Declaration of Michelle Montesano ISO Removal,
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Att: 2
Declaration of Sarah Pontoski ISO Removal,
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Att: 3
Declaration of Alvin Arceo ISO Removal,
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Att: 4
42 pgs
Exhibit 1 to Alvin Arceo's Declaration,
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Att: 5
Exhibit 2 to Alvin Arceo's Declaration
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cmp
Complaint - (Discovery)
Mon 04/10 2:02 PM
CONFORMED FILED COPY OF COMPLAINT against Defendants Sidney R. Brown, Does 1 through 100, inclusive, Alvaro Mendoza, National Distribution Centers, LLC. Jury Demanded., filed by plaintiff Enrique Rocco. (FILED IN STATE COURT ON 2/3/2023 SUBMITTED ATTACHED EXHIBIT 1) (ghap) Modified on 4/10/2023 (ghap) |
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answer
Answer to Complaint (Discovery)
Mon 04/10 2:06 PM
CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants Sidney R. Brown, National Distribution Centers, LLC. (FILED IN STATE COURT ON 4/6/2023 SUBMITTED ATTACHED EXHIBIT 2)(ghap) |
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