S.E. et al v. Sowers et al
| S. E., A. M., S.E. and A.M. |
| Danny George Sowers, Knight Transportation Incorporated a corporation doing business as Arizona Knight Transportation Incorporated and Unknown Parties |
| 2:2022cv02011 |
| November 29, 2022 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Personal Injury: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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| Remark: Pro hac vice motion(s) granted for Arash Homampour on behalf of Plaintiffs A.M., S.E.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Albert Elmassian on behalf of Plaintiffs A.M., S.E.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 47 NOTICE re: of Service of Courts Preliminary Order by S.E. re: #38 Order,,, Set Deadlines,, . (Touloumdjian, Nareen) |
| Filing 46 NOTICE of Appearance by Nareen Touloumdjian on behalf of S.E.. (Touloumdjian, Nareen) |
| Remark: Pro hac vice motion(s) granted for Nareen Touloumdjian on behalf of Plaintiffs A.M., S.E.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorneys Albert John Elmassian, C Michael Alder, David N Bigelow, Jennifer P Burkes and Sania Sharma terminated as counsel of record for noncompliance with admission requirements; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 45 Mail Returned as Undeliverable. Mail sent to Albert John Elmassian. Reason for return: Return to Sender: Not Deliverable as Addressed - Unable to Forward. Document number #41 . (REK) |
| Filing 44 Corporate Disclosure Statement by Knight Transportation Incorporated. (Spicker, Clarice) |
| Filing 43 Mail Returned as Undeliverable. Mail sent to Albert John Elmassian. Reason for return: Unable to Forward. Document number #38 , #39 . (KJ) |
Filing 41
ORDER that Knight Transportation's "application" for substitution of counsel (Doc. #40 ) is granted. Clarice A. Spicker of Jones, Skelton & Hochuli, PLC is hereby substituted in place of Vanessa K. Herzog and Rebecca M. Gabroy of Wood Smith Henning & Berman, LLP as counsel of record for Knight Transportation. See document for complete details. Signed by Judge Dominic W Lanza on 12/12/2022. (WLP)
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| Filing 42 Mail Returned as Undeliverable. Mail sent to Albert John Elmassian Elmassian Firm APC. Reason for return: Return to Sender, not deliverable as addressed. Document numbers [36,37]. (CLM) |
| Filing 40 MOTION for Substitution of Counsel by Knight Transportation Incorporated . (Spicker, Clarice) Modified to correct event pursuant to Local Rule 83.3 on 12/9/2022 (WLP). |
| Filing 39 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Knight Transportation Incorporated. (MAW) |
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Filing 38
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on February 28, 2023, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/29/22. (MAW)
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| Filing 37 Letter Re Transfer of 2:20-cv-5068-JAK (AS) from the Central District of California to the District of Arizona. New Case Number: CV-22-2011-PHX-DWL. (MAP) |
| Filing 36 CASE TRANSFERRED IN from District of California Central; Case Number 2:20-cv-05068 . Original file certified copy of transfer order and docket sheet received |
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Filing 35
(IN CHAMBERS) ORDER RE DEFENDANT'S MOTION TO TRANSFER VENUE (DKT. #12 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED. This action is transferred to the United States District Court for the District of Arizona. IT IS SO ORDERED. (See document for further details) (yl) [Transferred from cacd on 11/29/2022.]
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Filing 34
(IN CHAMBERS) TEXT-ONLY ORDER ADVISING PARTIES OF FORTHCOMING DECISION by Judge John A. Kronstadt: In response to Defendant's request for a ruling on Defendant's Motion to Change Venue (Dkt. #12 ), the parties are advised that the Court plans to issue that decision within 30 days of this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (abi) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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Filing 33
MINUTE (IN CHAMBERS) ORDER DISMISSING DANNY GEORGE SOWERS by Judge John A. Kronstadt: An Order to Show Cause re Dismissal for Lack of Prosecution as to Danny George Sowers was issued on 11/19/ 2021 (Dkt. 32 ) ordering Plaintiff to respond in writing no later than 12/3/2021 as to why said Defendant should not be dismissed for lack of prosecution (service incomplete and/or not correct). No response has been filed by the Plaintiff. Therefore, the Court DISMISSES defendant Danny Sowers. (jp) [Transferred from cacd on 11/29/2022.]
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Filing 32
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANT DANNY SOWERS by Judge John A. Kronstadt: Plaintiffs are ordered to show cause in writing no later than December 3, 2021, why Defendant Danny Sowers ("Sowers") should not be dismissed from this action for lack of prosecution of him. In the absence of a showing of good cause, an action shall be dismissed if the summons and complaint have not been served within 90 days after the filing of the complaint pursuant to Fed. R. Civ. P. 4(m). The complaint ("Complaint" (Dkt. 3-1)) was filed on June 8, 2020. The present docket does not include a filing that shows service of Sowers within 90 days of the Complaints filing. The Order to Show Cause ("OSC") will be taken under submission upon the filing of an appropriate response. No hearing is scheduled. One satisfactory response to the OSC will be a showing that Sowers filed a pleading in response to the Complaint. Another would be the filing of a proof of service showing that service was properly effected on Sowers in accordance with Fed. R. Civ. P. 4 on or before December 3, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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| Filing 31 STATEMENT on Modifications to Joint Rule 16(b) /26(f) Report filed by Defendant Knight Transportation, Inc. (Attachments: #1 Exhibit A)(Herzog, Vanessa) [Transferred from cacd on 11/29/2022.] |
| Filing 30 REQUEST for Ruling On Motion To Change Venue filed by Defendant Knight Transportation, Inc.. (Herzog, Vanessa) [Transferred from cacd on 11/29/2022.] |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Vanessa K Herzog counsel for Defendant Knight Transportation, Inc.. Jade N. Tran 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 Knight Transportation, INC. dba Arizona Knight Transportation, INC., a corporation. (Herzog, Vanessa) [Transferred from cacd on 11/29/2022.] |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Rebecca May Gabroy counsel for Defendant Knight Transportation, Inc.. Adding Rebecca M. Gabroy as counsel of record for KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC., a corporation for the reason indicated in the G-123 Notice. Filed by Defendant KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC., a corporation. (Attorney Rebecca May Gabroy added to party Knight Transportation, Inc.(pty:dft))(Gabroy, Rebecca) [Transferred from cacd on 11/29/2022.] |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Vanessa K Herzog counsel for Defendant Knight Transportation, Inc.. Adding Vanessa K. Herzog as counsel of record for KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC., a corporation for the reason indicated in the G-123 Notice. Filed by Defendant KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC., a corporation. (Attorney Vanessa K Herzog added to party Knight Transportation, Inc.(pty:dft))(Herzog, Vanessa) [Transferred from cacd on 11/29/2022.] |
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Filing 26
(IN CHAMBERS) TEXT-ONLY ORDER RE JOINT REPORT (DKT. #24 ) by Judge John A. Kronstadt: Due to an oversight, the scheduling order was not issued in this matter. On or before November 16, 2021, after a meet and confer process, the parties shall file a joint statement with their respective and/or collective views as to proposed modifications to the dates each proposed in their joint report (Dkt. #24 ) as well as an updated Exhibit A - Schedule of Pretrial and Trial Dates if one or both propose any such modification(s). The joint statement shall also provide an update as to the status of discovery and the procedural status of any settlement efforts. The statement shall not disclose the substantive contents of any settlement discussions. Based upon a review of the joint report, a determination will be made as to whether a scheduling order will issue or if a status conference will be scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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Filing 25
(IN CHAMBERS) ORDER TAKING DEFENDANT'S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. 1404 (DKT. #12 ) AND SCHEDULING CONFERENCE (DKT. #13 ) UNDER SUBMISSION by Judge John A. Kronstadt: The Court has considered the matters raised with respect to the Motion and the Scheduling Conference and has concluded that pursuant to Local Rule 7-15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on November 16, 2020, has been taken under submission and off its motion calendar. The November 16, 2020 Scheduling Conference is also taken under submission and off the Court's motion calendar. No appearance is necessary on November 16, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eth) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 - 10 COURT DAYS, filed by Plaintiff S. E... (Attachments: #1 EXHIBIT A - SCHEDULE OF PRETRIAL AND TRIAL DATES FOR CIVIL CASES)(Bigelow, David) [Transferred from cacd on 11/29/2022.] |
| Filing 23 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the District of Arizona #12 filed by Defendant Knight Transportation, Inc.. (Attachments: #1 Memorandum MEMORANDUM OF LAW IN REPLY TO PLAINTIFFS OPPOSITION)(Tran, Jade) [Transferred from cacd on 11/29/2022.] |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #21 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Leave to File Document - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (2) Proposed Document was not submitted as separate attachment. Other error(s) with document(s): (3) Proposed Order should be filed as an attachment to the e-filed Notice of Lodging and e-mailed to Judge Kronstadt generic email addresses a WordPerfect or Microsoft Word version of the document. 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. (jp) [Transferred from cacd on 11/29/2022.] |
| Filing 21 PLAINTIFFS' REQUEST TO FILE AN OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC'S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. SECTION 1404 filed by Plaintiff S. E. re: Objection/Opposition (Motion related),, #20 (Attachments: #1 PLAINTIFFS' DECLARATION OF DAVID BIGELOW IN SUPPORT OF REQUEST TO FILE AN OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC dba ARIZONA KNIGHT TRANSPORTATION INC'S MOTION TO TRANSFER VENUE UNDER 28 U.S. SECTION 1404)(Bigelow, David) [Transferred from cacd on 11/29/2022.] |
| Filing 20 PLAINTIFFS' OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC.'S MOTION TO TRANSFER VENUE UNDER 28 U.S.C SECTION 1404 re: NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the District of Arizona #12 filed by Plaintiff S. E.. (Attachments: #1 Memorandum PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC., dba ARIZONA KNIGHT TRANSPORTATION, INC.'s MOTION TO TRANSFER VENUE UNDER 28 U.S. SECTION 1404, #2 Declaration PLAINTIFFS DECLARATION OF DAVID BIGELOW IN SUPPORT OF OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC.'S MOTION TO TRANSFER VENUE)(Bigelow, David) [Transferred from cacd on 11/29/2022.] |
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Filing 19
(IN CHAMBERS) ORDER RE OPPOSITION TO MOTION TO TRANSFER VENUE (DKT. #12 ) by Judge John A. Kronstadt: Pursuant to this Court's Standing Order, any opposition to "Defendant Knight Transportation, Inc., dba Arizona Knight Transportation, Inc.'s Motion to Transfer Venue Under 28 U.S.C. 1404" (the "Motion" (Dkt. #12 )) was due by July 9, 2020, which was within 21 days of the filing of the Motion. No such opposition has been filed. Any opposition to the Motion shall be filed no later than August 7, 2020. A separate request to file the opposition shall also be filed by August 7, 2020, which shall explain the reason why the opposition was not timely filed and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are not filed by August 7, 2020, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. If the opposition and request are filed by August 7, 2020, any reply shall be filed no later than August 21, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eth) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney David N Bigelow counsel for Plaintiff S. E.. Adding David Nathaniel Bigelow as counsel of record for SELENA ESCOBAR, a Minor, by and through her Guardian ad Litem PAOLA ESCOBAR; ALONZO MEDINA, a Minor, by and through his Guardian ad Litem YESENIA MOLINA for the reason indicated in the G-123 Notice. Filed by Plaintiff SELENA ESCOBAR, a Minor, by and through her Guardian ad Litem PAOLA ESCOBAR; ALONZO MEDINA, a Minor, by and through his Guardian ad Litem YESENIA MOLINA. (Attorney David N Bigelow added to party S. E.(pty:pla))(Bigelow, David) [Transferred from cacd on 11/29/2022.] |
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Filing 17
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE (DKT. 8 ) by Judge John A. Kronstadt. In light of Plaintiffs' Response to Order to Show Cause filed June 24, 2020 (Dkt. #16 ), the show cause order is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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| Filing 16 RESPONSE filed by Plaintiffs S. E., A. M. to Order to Show Cause re Dismissal for Lack of Prosecution as to Defendant Knight Transportation (Attachments: #1 Declaration In support of Plaintiffs' Response to Order to Show Cause)(Burkes, Jennifer) [Transferred from cacd on 11/29/2022.] |
| Filing 15 Plaintiffs' Demand for Jury Trial filed by Plaintiffs S. E., A. M. (Ostertag, Jennifer) [Transferred from cacd on 11/29/2022.] |
| Filing 14 Certification and Notice of Interested Parties filed by Plaintiffs S. E., A. M. (Ostertag, Jennifer) [Transferred from cacd on 11/29/2022.] |
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Filing 13
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. Rule 26 Meeting Report due by 11/6/2020. Scheduling Conference set for 11/16/2020 at 8:30 AM before Judge John A. Kronstadt. (cw) [Transferred from cacd on 11/29/2022.]
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| Filing 12 NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the District of Arizona filed by Defendant Knight Transportation, Inc.. Motion set for hearing on 11/16/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion to Transfer Venue, #2 Exhibit Declaration of Jade N. Tran) (Tran, Jade) [Transferred from cacd on 11/29/2022.] |
| Filing 11 DECLARATION of Sania Sharma re Notice of Removal (Attorney Civil Case Opening), #3 filed by Defendant Knight Transportation, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Certification from the Arizona Corporation Commission)(Tran, Jade) [Transferred from cacd on 11/29/2022.] |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Jade N Tran counsel for Defendant Knight Transportation, Inc.. Keith E. Smith 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 Knight Transportation, Inc. dba Arizona Knight Transportation, Inc.. (Tran, Jade) [Transferred from cacd on 11/29/2022.] |
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Filing 9
(IN CHAMBERS) ORDER REGARDING DECLARATION OF SANIA SHARMA by Judge John A. Kronstadt. The Declaration of Sania Sharma ("Declaration"), represented to have been filed along with the Notice of Removal, has not been provided to the Court. Counsel shall file the Declaration by June 20, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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Filing 8
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT KNIGHT TRANSPORTATION by Judge John A. Kronstadt: The case was removed to this Court on June 8, 2020. Pursuant to Rule 81 of the Federal Rules of Civil Procedure, a response to the Complaint is due the later of 21 days after receiving a copy of the initial pleading, 21 days after being served with the summons, or 7 days after the notice of removal is filed. The notice of removal indicates Defendant Knight Transportation was served on May 18, 2020. Plaintiff is ordered to show cause in writing on or before June 24, 2020, why this defendant should not be dismissed 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. Therefore, the Order to Show Cause will stand submitted upon the filing of an appropriate response, the filing of an answer by Defendant, and/or an application for the entry of default pursuant to Rule 55 of the Federal Rules of Civil Procedure. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY [Transferred from cacd on 11/29/2022.]
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Filing 7
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw) [Transferred from cacd on 11/29/2022.]
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| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): The names of individuals known to be minors are contained in documents filed with the Court. Fed R. Civ. P5.2(a) requires that a minors initials be used on documents filed with this Court, unless the Court orders otherwise. You are not required to take any action in response to this notice unless the Court so directs. (esa) [Transferred from cacd on 11/29/2022.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from cacd on 11/29/2022.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alka Sagar. (esa) [Transferred from cacd on 11/29/2022.] |
| CONFORMED COPY OF COMPLAINT against defendants Does, Knight Transportation, Inc., Danny George Sowers, Jury Demanded, filed by plaintiffs A. M., S. E. (filed in state court 1/10/20, submitted as document 3, attachment 1) (esa) [Transferred from cacd on 11/29/2022.] |
| Filing 3 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV01273 Receipt No: ACACDC-26726029 - Fee: $400, filed by Defendant Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc., a foreign corporation. (Attachments: #1 Exhibit Complaint, #2 Exhibit Certification from Arizona Corporation Commission)(Tran, Jade) [Transferred from cacd on 11/29/2022.] |
| Filing 2 CERTIFICATE of Interested Parties filed by defendant Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc., a foreign corporation, (Attorney Jade N Tran added to party Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc., a foreign corporation(pty:dft))(Tran, Jade) [Transferred from cacd on 11/29/2022.] |
| Filing 1 CIVIL COVER SHEET filed by Defendant Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc., a foreign corporation. (Tran, Jade) [Transferred from cacd on 11/29/2022.] |
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