Gildardo Rocha v. Capstone Logistics, LLC et al
| GILDARDO ROCHA, and Gildardo Rocha |
| and DOES 1 to 100, inclusive,, CAPSTONE LOGISTICS, LLC;, RAUL MORENO;, ALEX LEDESMA;, LMS INTELLIBOUND, INC.;, Capstone Logistics, LLC, LMS Intellibound, Inc., Raul Moreno, Alex Ledesma and Does 1 to 100, inclusive |
| 2:2017cv08783 |
| December 6, 2017 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Philip S Gutierrez |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, Los Angeles, CA 90012. (bm) |
| Filing 24 MINUTES (IN CHAMBERS) The Court GRANTS Plaintiff's Motion to Remand by Judge Philip S. Gutierrez granting #16 MOTION to Remand Case to State Court: For the foregoing reasons, the Court GRANTS Plaintiff's motion and remands the case to the state court. (see document for further details) MD JS-6. Case Terminated. (bm) |
| Filing 23 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #16 filed by Plaintiff Gildardo Rocha. (Granberry, Vincent) |
| Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #16 filed by Defendants Capstone Logistics, LLC, LMS Intellibound, Inc.. (Attachments: #1 Declaration of Jenna Warden in Support of Opposition to Motion to Remand, #2 Exhibit A to Declaration of Jenna Warden)(Warden, Jenna) |
Filing 21
MINUTE ORDER IN CHAMBERS DISCHARGING OSC re subject matter jurisdiction by Judge Philip S. Gutierrez: On December 20, 2017, the Court issued an Order to Show Cause ("OSC") to Defendants Capstone Logistics, LLC and LMS Intellibound ("Defendants") why the case should not be dismissed for lack of subject matter jurisdiction. See Dkt. no. 10. Defendants were required to respond to the OSC by January 12, 2018. Defendants filed a response on that date, see Dkt. no. 19, and the Court finds it to be adequate. The OSC is hereby discharged. (bm)
|
| Filing 20 DECLARATION of Sally Matteson re In Chambers Conference,,,,,,,,,,,, #10 in Response to Order to Show Cause re Lack of Subject Jurisdiction filed by Defendants Capstone Logistics, LLC, LMS Intellibound, Inc.. (Rasmussen, Tyler) |
| Filing 19 RESPONSE filed by Defendants Capstone Logistics, LLC, LMS Intellibound, Inc.to In Chambers Conference,,,,,,,,,,,, #10 to the Court's Order to Show Cause Re: Subject Matter Jurisdiction (Rasmussen, Tyler) |
|
Filing 18
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) 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: Notice of Appearance or Withdrawal of Counsel (G-123), #12 , for the following reasons: Document blank. Court acknowledges the notice of errata with the new notice of appearance attached, you have submitted two documents in one, each document submitted is a stand alone document. Parties to e-file the notice of appearance properly and alone as one document. (ab)
|
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #16 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Other error(s) with document(s): Docket text and document must match. Document listed as a proposed order in docket text.. 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. (ab) |
| Filing 16 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Gildardo Rocha. Motion set for hearing on 2/26/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand, #2 Declaration of Vincent C. Granberry in Support of Plaintiff's Motion to Remand, #3 Exhibit 1 to the Granberry Declaration, #4 Exhibit 2 to the Granberry Declaration, #5 Exhibit 3 to the Granberry Declaration, #6 Exhibit 4 to the Granberry Declaration, #7 Exhibit 5 to the Granberry Declaration, #8 Exhibit 6 to the Granberry Declaration, #9 Proposed Order Granting Plaintiff's Motion to Remand) (Granberry, Vincent) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #12 . The following error(s) was/were found: The entire document is blank. Other error(s) with document(s): Court acknowledges the notice of errata with the new notice of appearance attached, but you have two documents in one. You need to e-filed the notice of appearance separately again.. 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. (ab) |
|
Filing 14
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 4/16/2018 at 02:00 PM. (wm)
|
| Filing 13 NOTICE OF ERRATA filed by Plaintiff Gildardo Rocha. correcting Notice of Appearance or Withdrawal of Counsel (G-123), #12 (Attachments: #1 Exhibit 1)(Granberry, Vincent) |
| Filing 12 [STRICKEN-PURSUANT TO DOCUMENT #18] Notice of Appearance or Withdrawal of Counsel: for attorney Vincent Charles Granberry counsel for Plaintiff Gildardo Rocha. Vanessa E. Kamau 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 Gildardo Rocha. (Granberry, Vincent) Modified on 1/9/2018 (ab). |
| Filing 11 DECLARATION of Vincent C. Granberry re In Chambers Conference,,,,,,,,,,,, #10 filed by Plaintiff Gildardo Rocha. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Granberry, Vincent) |
|
Filing 10
MINUTES [In Chambers] ORDER TO SHOW CAUSE RE: LACK OF SUBJECT MATTER JURISDICTION by Judge Philip S. Gutierrez. Before the Court are Defendants Capstone Logistics, LLC and LMS Intellibounds (Defendants) Notice of Removal (NOR). Dkt. #1 . After reviewing the NOR, the Court is not convinced that it has subject matter jurisdiction. See Levy v. BC Life & Health Ins. Co., No.CV 09-01862DDP(MANX), 2009 WL 1515254, at *1 (C.D. Cal. June 1, 2009) (Unless adistrict court has subject matter jurisdiction, it is without power to hear a suit, and a federal court may dismiss sua sponte if jurisdiction is lacking.). Therefore, the Court orders Defendants to show cause why this matter should not be remanded to state court for lack of subject matter jurisdiction. Generally, subject matter jurisdiction is based on the presence of a federal question, see 28 U.S.C. 1331, or on complete diversity of citizenship between the parties, see 28 U.S.C. 1332. For a federal court to exercise diversity jurisdiction, there must be complete diversity between the parties and the $75,000 amount in controversy requirement must be met. See Strawbridge v. Curtis, 7 U.S. 267, 267 (3 Cranch) (1806); 28 U.S.C. 1332(a). If at any time before the entry of final judgment it appears that the Court lacks subject matter jurisdiction over a case removed from state court, it must remand the action to state court. See 28 U.S.C. 1447(c); Intl Primate Prot. League v. Admrs of Tulane Educ. Fund, 500 U.S. 72, 87 (1991). There is a strong presumption against removal jurisdiction, and the party seeking removal always has the burden of establishing that removal is proper. Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009). If there is any ambiguity as to the propriety of removal, federal jurisdiction must be rejected. See id. Defendant asserts that jurisdiction exists on the basis of diversity jurisdiction. NOR 3-4. While the Court is satisfied that Plaintiff Gildardo Rocha is a citizen of Californiaand that Defendant LMS Intellibound is a citizen of Delaware and Georgia, more information is needed regarding the citizenship of Defendant Capstone Logistics, LLC. Defendant Capstone Logistics, LLC is a limited liability company. NOR 4. If a party is a limited liability company, it is a citizen of each and every state of which its members are citizens. C.T. Carden, et al. v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990); Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Thus, because the NOR does not set forth the citizenship of each of Defendant Capstone Logistics, LLCs members with specificity, the Court cannot assess whether there exists complete diversitybetween the parties. As such, the Court orders Defendants to show cause in writing by January 12, 2018 why the Court should not remand this action for lack of subject matter jurisdiction. Failure to respond as ordered may result in this case being remanded to state court. IT IS SO ORDERED. Court Reporter: Not Reported. (ab)
|
|
Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
|
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Jacqueline Chooljian. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Capstone Logistics, LLC, Does 1 TO 100, inclusive, LMS Intellibound, Inc., Alex Ledesma, Raul Moreno. Jury Demanded., filed by plaintiff Gildardo Rocha. (FILED IN STATE COURT ON 7/10/2017 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants Capstone Logistics, LLC, LMS Intellibound, Inc. (FILED IN STATE COURT ON 9/6/2017 SUBMITTED ATTACHED EXHIBIT 2)(ghap) |
| Filing 6 DECLARATION of Sally Matteson ISO Notice of Removal re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants CAPSTONE LOGISTICS, LLC;, LMS INTELLIBOUND, INC.;. (Rasmussen, Tyler) |
| Filing 5 NOTICE of Related Case(s) filed by Defendants CAPSTONE LOGISTICS, LLC;, LMS INTELLIBOUND, INC.;. (Rasmussen, Tyler) |
| Filing 4 CERTIFICATE of Interested Parties filed by Defendants CAPSTONE LOGISTICS, LLC;, LMS INTELLIBOUND, INC.;, (Rasmussen, Tyler) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants CAPSTONE LOGISTICS, LLC;, LMS INTELLIBOUND, INC.; (Rasmussen, Tyler) |
| Filing 2 CIVIL COVER SHEET filed by Defendants CAPSTONE LOGISTICS, LLC;, LMS INTELLIBOUND, INC.;. (Rasmussen, Tyler) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC668120 Receipt No: 0973-20927924 - Fee: $400, filed by Defendants LMS INTELLIBOUND, INC.;, CAPSTONE LOGISTICS, LLC;. (Attachments: #1 Exhibit 1 to Notice of Removal, #2 Exhibit 2 to Notice of Removal, #3 Exhibit 3 to Notice of Removal, #4 Exhibit 4 to Notice of Removal, #5 Exhibit 5 to Notice of Removal, #6 Exhibit 6 to Notice of Removal) (Attorney Tyler Thomas Rasmussen added to party CAPSTONE LOGISTICS, LLC;(pty:dft), Attorney Tyler Thomas Rasmussen added to party LMS INTELLIBOUND, INC.;(pty:dft))(Rasmussen, Tyler) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
