Case: Ramirez v. DeCoster

Ramirez v. Decoster

Estados Unidos v. DeCoster

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

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)

Motion(s) referred: [2-1] motion to Proceed in Forma Pauperis referred to MAG. JUDGE EUGENE W. BEAULIEU (former employee)

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)

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(s) taken under advisement: [3-1] motion RECOMMENDED DECISION of MAG. JUDGE EUGENE W. BEAULIEU Re: complaint, recommending dismissing under advisement (jgw)

Case closed; Purge Appeal deadline set for 11/4/98 (former employee)

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

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)

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 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)

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

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

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

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)

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)

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)

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)

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)

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)

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)

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

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) 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)

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)

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)

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)

MOTION Hearing held re: [8-1] motion to Dismiss Mexico as a Party Plaintiff, [29-1] motion to Amend [1-1] complaint before JUDGE D. B. HORNBY. After hearing, #29, GRANTED as stated in court. #29 taken UNDER ADVISEMENT. ( Court Reporter: Michelle MacDougall, Boyce & Leighton) (dw)

AMENDED COMPLAINT 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 amending [1-1] complaint (adding new dfts MAINE CONTRACT, NORTHERN TRANSPORT, TURNER MAINTENANCE, TURNER PROPERTIES, PFS LOADING L&L CLEANING INC, NEZINSCOT PROPERTIES (Service of Process due on 10/29/99 for ALL PLAINTIFFS ); jury demand (dw) (Entered: 07/01/1999)

ORAL ORDER (after hearing) on Motion granting [29-1] motion to Amend [1-1] complaint ( by JUDGE D. B. HORNBY ) (mmc)

ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO FILE ADDITIONAL EVIDENCE AND FURTHER ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER APPROVING ATTACHMENT denying [47-1] motion for Leave to File Additional Evidence in Support of their Motion for Attachment ( signed by JUDGE D. B. HORNBY ) cc: cnsl (mmc) (Entered: 07/01/1999)

LETTER from Chief Judge D. Brock Hornby to Hon. David R. Anderws, Legal Adviser, State Department, inviting State to submit statement of US interest in possibly permitting Mexico, as a foreign government, parens patriae standing in this Court. Any stmt shall be submitted by 08/02/99. (dw) (Entered: 07/02/1999)

Deadline updated; set specific document deadline (re: #53, REMARK/LETTER to State Department for written statement of US interest, if any, in permitting Mexico parens patriae standing in this Court) for 8/2/99 for STATE, US DEPT (dw)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for ESTADOS UNIDOS MEXIC (mmc) (Entered: 07/07/1999)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for SERVANDO CAMPOS (mmc) (Entered: 07/07/1999)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for EDGAR ELIZONDO (mmc) (Entered: 07/07/1999)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for MARIA ELIZONDO (mmc) (Entered: 07/07/1999)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for DORA GARCIA (mmc) (Entered: 07/07/1999)

MOTION by AUSTIN J DECOSTER for Summary Judgment ; Response to Motion due 7/23/99 for LAURO GARCIA (mmc) (Entered: 07/07/1999)