Case: Ramirez v. DeCoster

Ramirez v. Decoster

Estados Unidos v. DeCoster

COMPLAINT filed; FILING FEE $ 150 RECEIPT # 36903; jury demand (ckb) (Entered: 05/18/1998)

ANSWER to Complaint by AUSTIN J DECOSTER, MAINE AG AND QUALITY (Attorney THOMAS H. SOMERS), (ckb) (Entered: 08/28/1998)

Deadline updated; set Corporate Disclosure Statement Deadline for 9/8/98 for MAINE AG AND QUALITY, for AUSTIN J DECOSTER (ckb)

ANSWER to Complaint by AUSTIN J DECOSTER (Attorney TIMOTHY J. O'BRIEN), (err) (Entered: 09/01/1998)

Deadline updated for these 2 party dfts (previously input as one); set Corporate Disclosure Statement Deadline for 9/8/98 for MAINE AG, for QUALITY EGG OF NEW (slh)

Scheduling conference set at 9:00 9/18/98 Proposed Discovery and Mtn Plan set for 9/16/98 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER, for ALL PLAINTIFFS before Judge COHEN cc: cnsl (slh)

CORPORATE DISCLOSURE STATEMENT per Local Rule 83.7 by QUALITY EGG OF NEW, MAINE AG (mmc)

Telephone Scheduling Conference set (in lieu of Chambers scheduling conference) for 9:00 9/18/98 per telephone request of Atty Somers w/out objection and per approval of USMJ COHEN; Proposed Discovery and Mtn Plan ddl set for 9/16/98 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER, for ALL PLAINTIFFS before JUDGE COHEN; Atty Somers to initiate conference call to Chambers at 780-3360 cc:cnsl (slh)

PROPOSED Discovery and Motion Plan/ADR received by ALL PLAINTIFFS, AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG (err)

REPORT of Scheduling Conference and Order: ; Discovery cutoff set for 3/18/99 ; Deadline for filing of motions set for 4/1/99, set Settlement Conference for 3:00 3/1/99; Settlement papers due by 2/25/99 Signed by MAG. JUDGE DAVID M. COHEN ) cc:cnsl (ckb) (Entered: 09/21/1998)

Telephone Scheduling Conference held before JUDGE COHEN cc:cnsl (err)

APPEARANCE PRO HAC VICE for QUALITY EGG OF NEW, MAINE AG by KERIN E. STACKPOLE (err)

MOTION by ALL PLAINTIFFS to Amend Scheduling Order - Reason: expert witness designation ; Response to Motion due 1/7/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (former employee) (Entered: 12/18/1998)

ENDORSEMENT on Motion granting "based on the representation that no other deadlines will be impacted, motion granted as prayed for." [5-1] motion to Amend Scheduling Order - Reason: expert witness designation ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (former employee)

Status & Settlement conference reset for 3:30 3/8/99 before MAG. JUDGE DAVID M. COHEN in his Chambers; In camera papers due (to be filed directly with Chambers) 3/4/99 cc: cnsl (slh)

MOTION with memorandum in support by AUSTIN J DECOSTER for Recusal of Judge Carter ; Response to Motion due 2/16/99 for ALL PLAINTIFFS (former employee) (Entered: 01/27/1999)

JOINT MOTION with memorandum in support by ESTADOS UNIDOS MEXIC, LUIS RAMIREZ, SERVANDO CAMPOS, ISIDRO PORTALES, GENARO ROMO RODRIGUEZ, JOSE R HERNANDEZ, ESTHER HERNANDEZ, RIGOBERTO DIAZ JR, MARICELA DIAZ, EDGAR ELIZONDO, MARIA ELIZONDO, LAURO GARCIA, DORA GARCIA, ELDA HERNANDEZ, JUAN RAMON HERNANDEZ, ALL PLAINTIFFS, AUSTIN J DECOSTER, MAINE AG AND QUALITY, QUALITY EGG OF NEW, MAINE AG to Amend Scheduling Order - Reason: Change Track & Deadlines, and for a Complex Track Case Management Conference (ckb) (Entered: 02/08/1999)

Motion(s) referred: [7-1] joint motion to Amend Scheduling Order - Reason: Change Track & Deadlines referred to MAG. JUDGE DAVID M. COHEN, [7-2] joint motion for a Complex Track Case Management Conference referred to MAG. JUDGE DAVID M. COHEN (ckb)

Deadline updated; Reset Status and Settlement Conference for 3:30 3/5/99 before MAG/JUDGE Cohen (in-camera papers due 3/3/99 (to be delivered directly to chambers, (err)

ENDORSEMENT on Motion granting [7-1] joint motion to Amend Scheduling Order - Reason: Change Track & Deadlines, granting [7-2] joint motion for a Complex Track Case Management Conference, reset Discovery deadline to 5/17/99, reset Motion Filing deadline to 6/1/99, reset Settlement Conference for 3:30 3/5/99 (in-camera papers to be filed (directly with Chambers) by 3/3/99 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (err)

MOTION with memorandum in support by AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG to Dismiss Mexico as a Party Plaintiff ; Response to Motion due 3/1/99 for ALL PLAINTIFFS (ckb) (Entered: 02/10/1999)

RESPONSE by ALL PLAINTIFFS to [6-1] motion for Recusal of Judge Carter ; Reply to Response due 2/26/99 for AUSTIN J DECOSTER (ckb) (Entered: 02/17/1999)

REPLY by AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG to response to [6-1] motion for Recusal of Judge Carter (ckb) (Entered: 03/01/1999)

RESPONSE by ALL PLAINTIFFS to [8-1] motion to Dismiss Mexico as a Party Plaintiff ; Reply to Response due 3/11/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (err) (Entered: 03/02/1999)

Motion(s) taken under advisement: [6-1] motion for Recusal of Judge Carter under advisement (ckb)

Report of Settlement Conference, Settlement Not Achieved before MAG. JUDGE DAVID M. COHEN cc: cnsl (ckb) (Entered: 03/08/1999)

Discovery hearing/conference held before MAG. JUDGE DAVID M. COHEN ( Court Reporter: NONE) re: B. Giuliani's services as an investigator & interpreter. Cnsl to provide (opposing cnsl) further information and confer further (per Rule) and advise court if/when further action is required. (slh)

ORAL ORDER on Motion: pltf's request to seal discovery papers GRANTED ( by MAG. JUDGE DAVID M. COHEN ) (slh)

REPLY by AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG to response to [8-1] motion to Dismiss Mexico as a Party Plaintiff (ckb) (Entered: 03/08/1999)

Motion(s) taken under advisement: [8-1] motion to Dismiss Mexico as a Party Plaintiff under advisement (ckb)

MOTION with memorandum in support by ALL PLAINTIFFS for Provisional Order of Attachment or, in the Alternative, for Shortened Briefing Period on the Motion for Attachment ; Response to Motion due 4/5/99 for AUSTIN J DECOSTER (ckb) (Entered: 03/19/1999)

MOTION by ALL PLAINTIFFS for Leave to File A Memorandum In Excess of Page Limit ; Response to Motion due 4/5/99 for AUSTIN DECOSTER (ckb) (Entered: 03/19/1999)

MOTION with memorandum in support by ALL PLAINTIFFS for Attachment and Trustee Process ; Response to Motion due 4/5/99 for AUSTIN J DECOSTER (ckb) Modified on 03/19/1999 (Entered: 03/19/1999)

AFFIDAVIT of Alan Caron (ckb) (Entered: 03/19/1999)

AFFIDAVIT of Linda S. Jenkins (ckb) (Entered: 03/19/1999)

DEPOSITION Transcript of Austin J. Decoster filed by ALL PLAINTIFFS (ckb)

Transcript of Video-tape Deposition of Luis Ramirez filed by ALL PLAINTIFFS (ckb)

Transcript of Video-tape Deposition of Juan Ramon Hernandez filed by ALL PLAINTIFFS (ckb)

Transcript of videotape deposition taken 2/4/99 of Dora Garcia filed by ALL PLAINTIFFS (ckb) Modified on 03/19/1999

Transcript of videotaped deposition of Dora M. Garcia filed by ALL PLAINTIFFS (ckb)

Transcript of videotaped deposition of of Lauro Garcia taken 2/3/99 filed by ALL PLAINTIFFS (ckb)

Transcript of videotaped deposition of Edgar Elizondo filed by ALL PLAINTIFFS (ckb)

DEPOSITION Transcript of John W. Glessner taken 1/13/99 filed by ALL PLAINTIFFS (ckb)

DEPOSITION Transcript of Homero Ramirez filed by ALL PLAINTIFFS (ckb)

DEPOSITION Transcript of Sally A. Christner taken 12/15/98 filed by ALL PLAINTIFFS (ckb)

MOTION with memorandum in support by MAINE AG, QUALITY EGG OF NEW, AUSTIN J DECOSTER for Partial Summary Judgment Under the Agricultural Workers' Protection Act ; Response to Motion due 4/5/99 for ALL PLAINTIFFS (ckb) (Entered: 03/19/1999)

RESPONSE by AUSTIN J DECOSTER to [14-1] motion for Provisional Order of Attachment ; Reply to Response due 4/2/99 for ALL PLAINTIFFS, [14-2] motion for Shortened Briefing Period on the Motion for Attachment ; Reply to Response due 4/5/99 for ALL PLAINTIFFS (ckb) (Entered: 03/23/1999)

REPLY by ALL PLAINTIFFS to response to [14-1] motion for Provisional Order of Attachment (former employee) (Entered: 03/29/1999)

RESPONSE by AUSTIN J DECOSTER to [16-1] motion for Attachment and Trustee Process ; Reply to Response due 4/8/99 for JOSE R HERNANDEZ (err) (Entered: 04/08/1999)

RESPONSE in opposition by ALL PLAINTIFFS to [19-1] motion for Partial Summary Judgment Under the Agricultural Workers' Protection Act ; Reply to Response due 4/15/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (former employee) (Entered: 04/06/1999)

MOTION by ALL PLAINTIFFS to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz ; Response to Motion due 4/23/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (err) (Entered: 04/06/1999)

REPLY by ALL PLAINTIFFS to response to [16-1] motion for Attachment and Trustee Process (err) (Entered: 04/08/1999)

MEMORANDUM OF DECISION granting [6-1] motion for Recusal of Judge Carter ( signed by JUDGE GENE CARTER ) cc: cnsl (err) (Entered: 04/08/1999)

DEPOSITION Transcript of Elda Hernandez filed by ALL PLAINTIFFS (err)

DEPOSITION Transcript of Doucas J. Goranites filed by ALL PLAINTIFFS (err)

CASE reassigned to JUDGE D. B. HORNBY (err)

Motion(s) referred: [16-1] motion for Attachment and Trustee Process referred to MAG. JUDGE DAVID M. COHEN, [15-1] motion for Leave to File A Memorandum In Excess of Page Limit referred to MAG. JUDGE DAVID M. COHEN, [14-1] motion for Provisional Order of Attachment referred to MAG. JUDGE DAVID M. COHEN, [14-2] motion for Shortened Briefing Period on the Motion for Attachment referred to MAG. JUDGE DAVID M. COHEN (mmc)

REPLY by AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG to response to [19-1] motion for Partial Summary Judgment Under the Agricultural Workers' Protection Act (slh) (Entered: 04/12/1999)

Motion(s) taken under advisement: [19-1] motion for Partial Summary Judgment Under the Agricultural Workers' Protection Act under advisement (slh)

ORDER granting [16-1] motion for Attachment and Trustee Process; such may be made by Estados Unidos Mexicanos and the named individual pltfs against the property of Austin J. DeCoster in the amount of $500,000.00. ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (slh) (Entered: 04/14/1999)

ENDORSEMENT on Motion granting [15-1] motion for Leave to File A Memorandum In Excess of Page Limit ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (slh)

ENDORSEMENT on Motion mooting [14-1] motion for Provisional Order of Attachment, mooting [14-2] motion for Shortened Briefing Period on the Motion for Attachment . See Order Approving Attachment and Trustee Process entered this date. ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (slh)

MOTION with memorandum in support by ALL PLAINTIFFS to Amend [1-1] complaint ; Response to Motion due 5/3/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (mmc) (Entered: 04/16/1999)

MOTION with memorandum in support by AUSTIN J DECOSTER to Extend Time to 4/29/99 to Respond to Plaintiffs' Motion to Dismiss Without Prejudice (ckb) (Entered: 04/19/1999)

Motion(s) referred: [30-1] motion to Extend Time to 4/29/99 to Respond to Plaintiffs' Motion to Dismiss Without Prejudice referred to MAG. JUDGE DAVID M. COHEN (ckb)

ENDORSEMENT on Motion granting [30-1] motion to Extend Time to 4/29/99 to Respond to Plaintiffs' Motion to Dismiss Without Prejudice, Response to Motion reset to 4/29/99 for AUSTIN J DECOSTER for [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb)

MOTION with memorandum in support by ALL PLAINTIFFS for Reconsideration of [28-1] order of Attachment ; Response to Motion due 5/14/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (mmc) (Entered: 04/28/1999)

RESPONSE by AUSTIN J DECOSTER to [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz ; Reply to Response due 5/10/99 for MARICELA DIAZ, for RIGOBERTO DIAZ JR (mmc) (Entered: 04/30/1999)

STATEMENT of Material Fact by AUSTIN J DECOSTER (as to defendant Rigoberto Diaz) (mmc) (Entered: 04/30/1999)

Deadline updated; Response to Motion set to 5/17/99 for RIGOBERTO DIAZ JR for [32-1] motion for Summary Judgment pursuant to Rule 56 (mmc)

MOTION (no objection) with memorandum in support by AUSTIN J DECOSTER to Amend Scheduling Order - Reason: extend disc and mtn filing ddl (mmc) (Entered: 05/03/1999)

RESPONSE by AUSTIN J DECOSTER to [29-1] motion to Amend [1-1] complaint ; Reply to Response due 5/10/99 for ALL PLAINTIFFS (mmc) (Entered: 05/03/1999)

RESPONSE by QUALITY EGG OF NEW, MAINE AG to [29-1] motion to Amend [1-1] complaint ; Reply to Response due 5/10/99 for ALL PLAINTIFFS (mmc) (Entered: 05/04/1999)

ENDORSEMENT on Motion granting [34-1] motion to Amend Scheduling Order - Reason: extend disc and mtn filing ddl, reset Discovery deadline to 6/15/99, reset Motion Filing deadline to 6/30/99 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc)

Letter MOTION by ALL PLAINTIFFS to Extend Time to file reply to #32, pltf's opposition to #24 Motion to Dismiss, to 05/17/99 in order to file consolidated brief (dw) (Entered: 05/11/1999)

REPLY by ALL PLAINTIFFS to response to [29-1] motion to Amend [1-1] complaint (dw) (Entered: 05/11/1999)

ENDORSEMENT on Motion granting [37-1] motion to Extend Time to file reply to #32, pltf's opposition to #24 Motion to Dismiss, to 05/17/99 in order to file consolidated brief, Reply to Response to Motion reset to 5/17/99 for ALL PLAINTIFFS for [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz (signed by D. Whitney, Dep. Clerk) cc: cnsl (dw)

Motion(s) taken under advisement: [29-1] motion to Amend [1-1] complaint under advisement (dw)

RESPONSE by AUSTIN J DECOSTER to [31-1] motion for Reconsideration of [28-1] order of Attachment ; Reply to Response due 5/24/99 for ALL PLAINTIFFS (mmc) (Entered: 05/14/1999)

RESPONSE TO STATEMENT of Material Fact by ALL PLAINTIFFS re: [33-1] fact statement (dw) (Entered: 05/18/1999)

REPLY by ALL PLAINTIFFS to response to [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz (dw) (Entered: 05/18/1999)

Motion(s) taken under advisement: [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz under advisement (dw)

Motion Hearing set re: [29-1] motion to Amend [1-1] complaint at 11:00 6/18/99, [8-1] motion to Dismiss Mexico as a Party Plaintiff at 11:00 6/18/99 before JUDGE D. B. HORNBY cc:cnsl (mmc)

REPLY by ALL PLAINTIFFS to response to [31-1] motion for Reconsideration of [28-1] order of Attachment (mmc) (Entered: 05/25/1999)

Motion(s) taken under advisement: [31-1] motion for Reconsideration of [28-1] order of Attachment under advisement (mmc)

ORDER denying [19-1] motion for Partial Summary Judgment Under the Agricultural Workers' Protection Act on Count II ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 05/26/1999)

REPLY by AUSTIN J DECOSTER to response to [32-1] motion for Summary Judgment pursuant to Rule 56 (mmc) (Entered: 05/26/1999)

ORDER granting to the extent that the matter be returned to the Magistrate Judge for clarification [31-1] motion for Reconsideration of [28-1] order of Attachment ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 05/26/1999)

Motion(s) taken under advisement: [32-1] motion for Summary Judgment pursuant to Rule 56 under advisement (mmc)

Motion(s) referred: [31-1] motion for Reconsideration of [28-1] order of Attachment referred to MAG. JUDGE DAVID M. COHEN (mmc)

ORDER granting in part for injuries suffered on or before 5/6/97 by Rigoberto Diaz, denying in partany claims for injuries suffered after 5/6/97 [32-1] motion for Summary Judgment pursuant to Rule 56, granting in part dismissal as to Maricela Diaz, denying in part as to Rigoberto Diaz [24-1] motion to Dismiss without prejudice Rigoberto Diaz and Maricela Diaz ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 05/27/1999)

MOTION by ALL PLAINTIFFS for Leave to File Additional Evidence in Support of their Motion for Attachment ; Response to Motion due 6/14/99 for MAINE AG, for QUALITY EGG OF NEW, for AUSTIN J DECOSTER (mmc) (Entered: 05/28/1999)

CLARIFICATION OF ORDER APPROVING ATTACHMENT & TRUSTEE PROCESS [31-1] motion for Reconsideration of [28-1] order of Attachment ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc) (Entered: 06/01/1999)

MOTION by ALL PLAINTIFFS, QUALITY EGG OF NEW, MAINE AG to Continue the Motion Hearing set for 6/18/99 (mmc)

RESPONSE by AUSTIN J DECOSTER to [47-1] motion for Leave to File Additional Evidence in Support of their Motion for Attachment ; Reply to Response due 6/21/99 for ALL PLAINTIFFS (mmc) (Entered: 06/11/1999)

ORAL ORDER on Motion granting [0-0] motion to Continue the Motion Hearing set for 6/18/99, Motion Hearing Re: [29-1] motion to Amend [1-1] complaint set for 9:30 7/1/99, [8-1] motion to Dismiss Mexico as a Party Plaintiff set for 9:30 7/1/99 ( by JUDGE D. B. HORNBY ) (mmc)

Motion(s) taken under advisement: [47-1] motion for Leave to File Additional Evidence in Support of their Motion for Attachment under advisement (mmc)

JOINT MOTION by ALL PLAINTIFFS, AUSTIN J DECOSTER, QUALITY EGG OF NEW, MAINE AG to Amend Scheduling Order - Reason: extend mtn ddl (mmc) (Entered: 06/30/1999)

Motion(s) referred: [50-1] motion to Amend Scheduling Order - Reason: extend mtn ddl referred to MAG. JUDGE DAVID M. COHEN (mmc)

ENDORSEMENT on Motion granting [50-1] motion to Amend Scheduling Order - Reason: extend mtn ddl, reset Motion Filing deadline to 7/6/99 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (mmc)