Nyah Tchami William et al v. AES Corporation et al
| Nyah Tchami William, Business Group 4, Business Group 2, John 4 Doe, Motsebo, Jane 2 Doe, Jane 3 Doe, Fowouo Richard, John 3 Doe, Business Group 3, Nana Bamen Ngnangna Eugenie, Mendefo Youmeni Jean Jules, Kamga Justin, Business Group 1, John 2 Doe, Madame Mendefo Fridoline, John 1 Doe, Business Group 5, Jane 1 Doe and Jane 4 Doe |
| AES Sonel, Actis Capital LLP and AES Corporation |
| 2:2013cv02326 |
| April 1, 2013 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Philip S Gutierrez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 56 RECEIVED Notice of Receipt of Electronic Case Transferred from California Central has been opened in Eastern District of Virginia as case 1:14-cv-00343, filed 04/02/2014. (yl) |
| Filing 55 OF SERVICE filed by Plaintiff Nyah Tchami William, CV 13-02326 served on 3/23/14. (Nsahlai, Emmanuel) |
| Filing 54 RESPONSE filed by Plaintiff Nyah Tchami William CV 13-02326 (Attachments: #1 Exhibit, #2 Exhibit)(Nsahlai, Emmanuel) |
| Filing 53 TRANSMITTAL of documents: Electronic Documents are accessible through Pacer. (bp) |
Filing 52
MINUTES (IN CHAMBERS): Order GRANTING Plaintiffs' Motion to Transfer Venue by Judge Philip S. Gutierrez: Because Defendant does not oppose the motion, the Court interprets this as Defendant's consent to transfer venue to the Eastern District of Virginia. Accordingly, the Court GRANTS Plaintiffs' motion to transfer this action to the Eastern District of Virginia.granting #39 Motion for Order (bp)
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Filing 51
ORDER GRANTING EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT UNTIL 20 DAYS AFTER CASE IS DOCKETED IN EASTERN DISTRICT OF VIRGINIA by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: Defendant's deadline to file a response to the Second Amended Complaint shall be extended until 20 days after this case is docketed in the United States District Court for the Eastern District of Virginia.granting #50 Ex Parte Application for Extension of Time to Answer (bp)
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| Filing 50 EX PARTE APPLICATION for Extend Time to File Answer to 4/23/2014 re Amended Complaint #40 filed by Defendant AES Corporation(The, a Delaware Corporation). (Attachments: #1 Proposed Order)(Maddigan, Michael) |
| Filing 49 NOTICE OF NON-OPPOSITION to MOTION for Order for Motion to Transfer Venue CV 13-02326 #39 filed by Defendant AES Corporation. (Maddigan, Michael) |
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Filing 48
MINUTES (IN CHAMBERS) Order Modifying Briefing Schedule re: Plaintiffs' Motion to Transfer Venue by Judge Philip S. Gutierrez granting in part and denying in part #47 Ex Parte Application to Continue: On March 24, 2014, Defendant AES Corporation ("Defendant") filed an ex parte request to continue the April 14, 2014 hearing date regarding Plaintiffs' motion to transfer venue, or, in the alternative, to modify the briefing schedule. See Dkt. No. 47. After considering Defendant's request, the Court finds it most appropriate to retain the April 14, 2014 hearing date, but to modify the briefing schedule in the following manner: Defendant's opposition brief shall be due at the close of business on March 28, 2014, and Plaintiffs' reply brief shall be due at the close of business on April 4, 2014. This briefing schedule provides Defendant enough time to file the straightforward response" it intends to file in opposition to Plaintiffs' motion, and to "finalize and obtain approval for that response from the appropriate people at AES." See Dkt. No. 47 at 3. (bm)
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| Filing 47 EX PARTE APPLICATION to Continue Hearing Date for Plaintiff's Motion to Transfer Venue from April 14, 2014 to April 21, 2014 filed by defendant AES Corporation(The, a Delaware Corporation). (Attachments: #1 Declaration of Christopher T. Handman In Support of the AES Corporation's Ex Parte Application to Modify Briefing Schedule Or, In The Alternative, To Continue Hearing Date For Plaintiffs' Motion to Transfer Venue, #2 Proposed Order Granting The AES Corporation's Ex Parte Application to Modify Briefing Schedule Or, In the Alternative, To Continue Hearing Date for Plaintiffs' Motion to Transfer Venue)(Maddigan, Michael) |
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Filing 46
MINUTE ORDER IN CHAMBERS CONTINUING OSC re: Service of Process upon AES SONEL Pursuant to Rule 4(m) by Judge Philip S. Gutierrez: On February 6, 2014, the Court ordered Plaintiffs to show cause ("OSC") as to why AES SONEL should not be dismissed from the instant action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See Dkt. No. 37. Plaintiffs responded to the OSC on March 10, 2014. See Dkt. No. 41. Plaintiffs explain that Cameroonian police services have been reluctant to assist Plaintiffs in effectuating service upon AES SONEL. Id. Due to this lack of success, Plaintiff further explains that he has hired a private bailiff to serve AES SONEL with the summons and first amended complaint. Id. Plaintiffs conclude that they "have been promised a copy of the 'Notification of Service' or proof of service on AES SONEL [on] or about March 10, 2014." Id. To date, however, Plaintiffs have not filed proof of service upon AES SONEL with the Court. Furthermore, Plaintiffs fail to clarify whether serving AES Sonel through a privately hired bailiff complies with the requirement of Rule 4(f) of the Federal Rules of Civil Procedure. See Fed. R. Civ. Pro. 4(f). The Court therefore CONTINUES the OSC re: service of process upon AES SONEL until April 2, 2014. If Plaintiffs have not properly served AES SONEL pursuant to the requirements of Rule 4(f) by that time, the Court will dismiss AES SONEL from this action, without exception. (bm)
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| Filing 45 NOTICE of Appearance filed by attorney Michael M Maddigan on behalf of Defendant AES Corporation (Attorney Michael M Maddigan added to party AES Corporation(pty:dft))(Maddigan, Michael) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #42 by Clerk of Court that the document is accepted as filed. The hearing date is rescheduled to 04/14/14 at 1:30 PM. Other: The clerk is directed to reset the motion on the Court's docket and calendar. The Order to Strike (DE43) is rendered moot RE: Plaintiffs' Motion To Transfer #39 , Response to OSC #41 . (bm) |
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Filing 43
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez re MOTION for Order for Motion to Transfer Venue #39 . The Court hereby ORDERS the documents be STRICKEN for failure to comply with the Court's Local Rules, General Orders, and/or Case Management Order, as indicated: Hearing information is missing, incorrect, or not timely. The 04/01/14 hearing date falls on a Tuesday. Civil motions are heard on Mondays at 1:30pm. Please see Judge's profile for available motion hearing dates. Certificate of Translation submitted but not e-filed. (cb)
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response to Order to Show Cause #41 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Miscellaneous Filings (Non-Motion)-Response (non-motion). Other error(s) with document(s): Response should be linked back to minutes. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) |
| Filing 41 NOTICE OF MOTION AND MOTION for Order to Show Cause CV 13-02326 filed by Plaintiff Nyah Tchami William. Motion set for hearing on 4/14/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Nsahlai, Emmanuel) |
| Filing 40 Second AMENDED COMPLAINT against Defendants Nyah Tchami William amending Complaint - (Discovery),,, #1 , filed by Plaintiff Nyah Tchami William (Nsahlai, Emmanuel) |
| Filing 39 NOTICE OF MOTION AND MOTION for Order for Motion to Transfer Venue CV 13-02326 filed by Plaintiff Nyah Tchami William. Motion set for hearing on 4/14/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Nsahlai, Emmanuel) Modified on 3/17/2014 (cb). Modified on 3/20/2014 (bm). |
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Filing 38
MINUTES (IN CHAMBERS) ORDER GRANTING the Motion to Dismiss for Lack of Personal Jurisdiction WITH LEAVE TO AMEND by Judge Philip S. Gutierrez granting #29 Motion to Dismiss Case; granting #29 Motion to Dismiss for Lack of Jurisdiction: For the foregoing reasons, the Court GRANTS Defendant AES Corporation's motion to dismiss Plaintiffs' First Amended Complaint WITH LEAVE TO AMEND. Plaintiffs may submit an amended pleading no later than March 10, 2014. Failure to do so will result in the action being dismissed with prejudice. (see document for further details) (bm)
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Filing 37
MINUTE ORDER IN CHAMBERS re Order to Show Cause Why AES Sonel Should Not Be Dismissed Under Federal Rule of Civil Procedure 4(m) by Judge Philip S. Gutierrez: Here, Plaintiffs named AES Sonel as a Defendant in this action. See Dkt. No. 17. To date, Plaintiffs have not filed adequate proof of service as to this Defendant. The Proof of Service attached to the Complaint and the FAC does not indicate whether AES Sonel has been served in compliance with Federal Rule of Civil Procedure 4(f), which instructs a party how to serve a foreign entity, such as AES Sonel. Plaintiffs are ordered to show cause no later than March 10, 2014 why AES Sonel should not be dismissed under Rule 4(m). (bm)
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| Filing 36 REPLY in support of MOTION to Dismiss Case MOTION to Dismiss for Lack of Jurisdiction #29 filed by Defendants AES Corporation, AES Corporation. (Hoover, Craig) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Memorandum of Points and Authorities CV-13-02326 MRP (PLAx) filed by Plaintiff Nyah Tchami William. Motion set for hearing on 2/10/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Nsahlai, Emmanuel) |
| Filing 34 MINUTES (IN CHAMBERS)by Judge Philip S. Gutierrez: ORDER DENYING Plaintiffs Ex Parte Application #32 . See Order for further details. (wm) |
| Filing 33 OPPOSITION to First EX PARTE APPLICATION for Order for Order to Show Cause CV 13-02326 MRP (PLAx) #32 filed by Defendants AES Corporation, AES Corporation. (Attachments: #1 Declaration)(Hoover, Craig) |
| Filing 32 First EX PARTE APPLICATION for Order for Order to Show Cause CV 13-02326 MRP (PLAx) filed by Plaintiff Nyah Tchami William. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Proposed Order)(Nsahlai, Emmanuel) |
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Filing 31
ORDER SETTING BRIEFING SCHEDULE FOR THE AES CORPORATION'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT by Judge Philip S. Gutierrez, re MOTION to Dismiss Case #29 , Stipulation, #30 : Upon consideration of the Joint Stipulation Concerning the Schedule for Briefing on The AES Corporation's Motion to Dismiss, which Motion is set for a hearing before this Court on Monday, February 10, 2014 at 1:30 P.M., and good cause showing, IT IS HEREBY ORDERED THAT: 1. Plaintiffs shall file their opposition papers on or before Monday, January 13, 2014. 2. Defendants shall file their reply papers on or before Monday, January 27, 2014. (bm)
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| Filing 30 Joint STIPULATION for Order setting briefing schedule for motion to dismiss filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation). (Attachments: #1 Proposed Order)(Hoover, Craig) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case ( Motion set for hearing on 2/10/2014 at 01:30 PM before Judge Philip S. Gutierrez.), MOTION to Dismiss for Lack of Jurisdiction filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation). (Attachments: #1 Memorandum Attachment A--Memorandum of Points and Authorities, #2 Exhibit Attachment B--Plaintiffs' First Amended Complaint, #3 Proposed Order Attachment C--Proposed Order Granting Motion to Dismiss)(Hoover, Craig) |
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Filing 27
ORDER by Judge Philip S. Gutierrez: granting #24 Application to Appear Pro Hac Vice by Attorney Christopher Handman on behalf of defendants, designating Barry Thompson as local counsel. (ak)
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Filing 28
ORDER by Judge Philip S. Gutierrez: granting #25 Application to Appear Pro Hac Vice by Attorney Mary Wimberly on behalf of AES Corporation, designating Barry Thompson as local counsel. (ak)
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Filing 26
ORDER by Judge Philip S. Gutierrez, granting Stipulation to Extending the AES Corporation's Deadline to Respond to Plaintiffs' Amended Complaint, #21 , Defendants AES Corporation(The, a Delaware Corporation) answer due 11/14/2013; AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation) answer due 11/14/2013. (lw)
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| Filing 25 APPLICATION for attorney Mary Helen Wimberly to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant AES Corporation(The, a Delaware Corporation). (Attachments: #1 Proposed Order)(Thompson, Barry) |
| Filing 24 APPLICATION for attorney Christopher T. Handman to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant AES Corporation(The, a Delaware Corporation). (Attachments: #1 Proposed Order)(Thompson, Barry) |
| Filing 23 NOTICE of Appearance filed by attorney Rachel Anne Patta on behalf of Defendant AES Corporation (Attorney Rachel Anne Patta added to party AES Corporation(pty:dft))(Patta, Rachel) |
| Filing 22 NOTICE of Appearance filed by attorney Barry J Thompson on behalf of Defendant AES Corporation (Attorney Barry J Thompson added to party AES Corporation(pty:dft))(Thompson, Barry) |
| Filing 21 Joint STIPULATION for Extension of Time to File Answer to 11/14/2013 filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation). (Attachments: #1 Proposed Order)(Hoover, Craig) |
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Filing 20
MINUTES (IN CHAMBERS): ORDER GRANTING Plaintiffs' Motion forLeave to File First Amended Complaint by Judge Philip S. Gutierrez:.... TheCourt also notes that Plaintiffs Motion adequately shows that Plaintiffs' dilatoriness is not in bad faith, and that there are no other scheduling deadlines that will be upset by the delayed filing of Plaintiffs' FAC. As such, the Court GRANTS Plaintiff's Motion, and thus allows the filing ofPlaintiffs FAC. Defendants' deadline to respond to Plaintiffs' FAC shall be extended up to and including November 5, 2013. RE:granting #17 Motion to Amend/Correct Complaint - (Discovery),,, #1 (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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| Filing 19 NOTICE OF NON-OPPOSITION to First MOTION to AMEND 2:13-cv-02326-PSG-PLA #17 filed by Defendants AES Corporation, AES Corporation. (Hoover, Craig) |
| Filing 18 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: The Order to Show Cause #12 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 17 NOTICE OF MOTION AND First MOTION to AMEND 2:13-cv-02326-PSG-PLA filed by Plaintiff Nyah Tchami William. Motion set for hearing on 10/28/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration, #2 Proposed Order)(Nsahlai, Emmanuel) |
| Filing 16 RESPONSE filed by Plaintiff Nyah Tchami William 2:13-cv-02326-PSG-PLA (Nsahlai, Emmanuel) |
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Filing 15
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First MOTION for Leave First Amended Complaint #14 , for the following reasons: Th 09/09/13 hearing date was closed on 07/24/13-See "Closed Motion Date" hyperlink under Judges' Procedures before setting a hearing date. In light of the OSC deadline gave plaintiffs until 08/21/13 to file a motion for leave, plaintiffs must now seek leave of Court to re-file. Failure to comply with L.R. 504.5 re mandatory chambers copies.; (bp)
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| Filing 14 [DOCUMENT STRICKEN PURSUANT TO ORDER DATED 8/23] NOTICE OF MOTION AND First MOTION for Leave First Amended Complaint filed by Plaintiff Nyah Tchami William. Motion set for hearing on 9/9/2013 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration, #2 Proposed Order)(Nsahlai, Emmanuel) Modified on 8/26/2013 (bp). |
| Filing 13 RESPONSE filed by Plaintiff Nyah Tchami William Response to Order to Show Cause (Nsahlai, Emmanuel) |
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Filing 12
ORDER TO SHOW CAUSE by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: The AES Corporation's Application is granted. Plaintiffs are directed to respond to this Order on or before August 21, 2013, and in their response show cause why this case should not be dismissed for failure to prosecute. If Plaintiffs wish proceed, they must file along with their response to the order to show cause a motion for leave to lodge their amended complaint out of time. In the event that Plaintiffs seek leave to file their amended complaint out of time and this Court grants the motion, The AES Corporation shall have 30 days from the date of that order to answer or move to dismiss the amended complaint. If Plaintiff does not respond on or before August 12, 2013, or they fail to show cause why the case should remain pending, the case will be dismissed without further notice.granting #11 Ex Parte Application for Order (bp)
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| Filing 11 EX PARTE APPLICATION for Order for Plaintiffs to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation). (Attachments: #1 Memorandum A. Memorandum of Points and Authorities, #2 Declaration B. Declaration of Christopher T. Handman, #3 Proposed Order C. Proposed Order, #4 Exhibit D. Proof of Service)(Hoover, Craig) |
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Filing 10
NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING First Amended Complaint submitted by Plaintiffs Business Group 1, Business Group 2, Business Group 3, Business Group 4, Business Group 5, Madame Mendefo Fridoline, Jane 1 Doe, Jane 2 Doe, Jane 3 Doe, Jane 4 Doe, Mendefo Youmeni Jean Jules, John 1 Doe, John 2 Doe, John 3 Doe, John 4 Doe, Kamga Justin, Motsebo, Nana Bamen Ngnangna Eugenie, Fowouo Richard, Nyah Tchami William received on 7/5/13 is not to be filed but instead rejected. Denial based on: Other: Per Order dated 06/26/13 Plaintiffs' deadline to file an amended complaint shall be extended up to and including Monday, July 1, 2013. (bm)
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Filing 9
ORDER EXTENDING DEADLINES FOR THE FILING OF AN AMENDED COMPLAINT AND RESPONSE TO THAT AMENDED COMPLAINT by Judge Philip S. Gutierrez, IT IS HEREBY ORDERED THAT: 1. Defendants' deadline to file a response to the current complaint shall be suspended due to the parties stipulation that Plaintiffs shall file an amended complaint. 2. Plaintiffs' deadline to file an amended complaint shall be extended up to and including Monday, July 1, 2013. 3. Defendants deadline to respond to the amended complaint shall be extended up to and including Friday, August 30, 2013. re Stipulation for Extension of Time to Amend, Stipulation to Extend Time to Answer (More than 30 days), #8 (lw)
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| Filing 8 Joint STIPULATION for Extension of Time to Amend Complaint - (Discovery),,, #1 , Joint STIPULATION for Extension of Time to File Answer filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation). (Attachments: #1 Proposed Order)(Hoover, Craig) |
| Filing 7 Certificate of Interested Parties filed by Defendant AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation), identifying The AES Corporation. (Hoover, Craig) |
| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Craig A Hoover counsel for Defendants AES Corporation, AES Corporation. Adding Craig A. Hoover as attorney as counsel of record for The AES Corporation for the reason indicated in the G-123 Notice. Filed by Defendant The AES Corporation. (Hoover, Craig) |
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Filing 5
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(bp) |
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Filing 3
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Mariana R. Pfaelzer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Mariana R. Pfaelzer to Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-02326 PSG(PLAx). (rn)
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| Filing 2 CERTIFICATE of Interested Persons filed by Plaintiffs Business Group 1, Business Group 2, Business Group 3, Business Group 4, Business Group 5, Madame Mendefo Fridoline, Jane 1 Doe, Jane 2 Doe, Jane 3 Doe, Jane 4 Doe, Mendefo Youmeni Jean Jules, John 1 Doe, John 2 Doe, John 3 Doe, John 4 Doe, Kamga Justin, Motsebo, Nana Bamen Ngnangna Eugenie, Fowouo Richard, Nyah Tchami William, (ghap) (mg). |
| Filing 1 COMPLAINT against Defendants AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation), AES Sonel.Case assigned to Judge Mariana R. Pfaelzer for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiffs Business Group 5, John 1 Doe, Business Group 4, Jane 3 Doe, Madame Mendefo Fridoline, Jane 2 Doe, Nyah Tchami William, John 4 Doe, Jane 1 Doe, Motsebo, Business Group 2, Business Group 1, Jane 4 Doe, Kamga Justin, Fowouo Richard, John 2 Doe, Nana Bamen Ngnangna Eugenie, John 3 Doe, Business Group 3, Mendefo Youmeni Jean Jules.(ghap) (Additional attachment(s) added on 4/5/2013: #1 Part 2, #2 Part 3) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery),, #1 as to Defendants AES Corporation(The, a Delaware Corporation), AES Corporation(The, which will do business in California as The Delaware AES Corporation, a California corporation), AES Sonel. (ghap) |
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