Jolene Lovett v. Neopost USA Inc. et al
Plaintiff: Jolene Lovett
Defendant: Patrick O'Neill, Warren Bird, John Poster, James Spates, Neopost USA Inc., DOES 1 through 10 inclusive, Does 1 through 10, inclusive, Neopost USA, Inc. and Patrick O Neill
Case Number: 2:2018cv04494
Filed: May 24, 2018
Court: US District Court for the Central District of California
Presiding Judge: Dolly M Gee
Referring Judge: Alka Sagar
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2018 Filing 23 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk)
June 14, 2018 Opinion or Order Filing 22 MINUTES OF IN CHAMBERS - ORDER REMANDING THE ACTION TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: On 5/29/2018, the Court ordered Defendants Neopost USA, Inc., James Spates, John Poster, and Patrick O'Neill (the "Removing Defendants") to show cause why this action should not be remanded to Los Angeles County Superior Court ("OSC") #9 . On 6/4/2018, the Removing Defendants filed a response to the OSC, wherein they asserted that they have shown that the amount-in-controversy requirement has been satisfied #17 . The Court disagrees. the Court REMANDS this action to Los Angeles Superior Court, Case No. BC699260, and DENIES without prejudice as moot the Removing Defendants' petition to compel arbitration #10 . Court Reporter: Not Reported. (gk)
June 14, 2018 Filing 21 JOINDER in PETITION to Compel Arbitration #10 filed by Counter Claimant Warren Bird, Defendant Warren Bird. (Chen, Connie)
June 14, 2018 Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: PETITION to Compel Arbitration #10 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Clerk placed this matter on calendar for the noticed hearing date of 7/13/2018 at 9:30 AM. 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. (gk)
June 5, 2018 Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy E Yaffe counsel for Defendants Neopost USA, Inc., Patrick O Neill, John Poster, James Spates. Sadaf Bathaee 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 Neopost USA Inc. (Yaffe, Nancy)
June 5, 2018 Filing 18 NOTICE OF ERRATA filed by Defendants Neopost USA, Inc., Patrick O Neill, John Poster, James Spates. correcting Response in Opposition to Motion, #17 DKT 17-1 (Attachments: #1 Exhibit A to Notice of Errata As To Decl of Nancy Yaffe ISO Response to OSC)(Yaffe, Nancy)
June 4, 2018 Filing 17 OPPOSITION re OSC Docket 009 filed by Defendants Neopost USA, Inc., Patrick O Neill, John Poster, James Spates. (Attachments: #1 Declaration of Yaffe ISO Defs Response to OSC, #2 Exhibit s A-D to Yaffe Declaration ISO Defs Response to OSC)(Yaffe, Nancy)
June 1, 2018 Filing 16 21-Day Summons Issued re Counterclaim #13 as to Counterdefendant Jolene Lovett. (gk)
May 31, 2018 Filing 15 Notice of Electronic Filing re Minutes of In Chambers Order/Directive - no proceeding held Set/Reset Deadlines #9 , PETITION to Compel Arbitration #10 , Answer to Complaint (Discovery) #11 , Certificate/Notice of Interested Parties #12 , Counterclaim #13 , Summons Request #14 e-mailed to Sadaf Bathaee at sbathaee@foxrothschil.com bounced due to typo in email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to sbathaee@foxrothschild.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
May 31, 2018 Filing 14 Request for Clerk to Issue Summons on Counterclaim #13 filed by Defendant/Counterclaimant Warren Bird. (Chen, Connie)
May 31, 2018 Filing 13 COUNTERCLAIM against Plaintiff/Counter Defendant Jolene Lovett, filed by Defendant/Counterclaimant Warren Bird.(Chen, Connie)
May 31, 2018 Filing 12 NOTICE of Interested Parties filed by Defendant Warren Bird, identifying Jolene Lovett; Neopost USA Inc.; James Spates; John Poster; Patrick O'Neill; Warren Bird; Argo Group US, Inc. (Insurance Carrier). (Chen, Connie)
May 31, 2018 Filing 11 ANSWER to Complaint - (Discovery), filed by Defendant Warren Bird.(Attorney Connie L Chen added to party Warren Bird(pty:dft))(Chen, Connie)
May 30, 2018 Filing 10 PETITION to Compel Arbitration filed by Defendants Neopost USA, Inc., Patrick O Neill, John Poster, James Spates. (Attachments: #1 Memorandum of Points and Authorities ISO Petition To Compel Aribitration, #2 Declaration of Candace Hinkle ISO Defendants' Petition To Compel Arbitration, #3 Declaration of Warren Bird ISO Defendants' Petition To Compel Arbitration, #4 Exhibit A to Declaration of Warren Bird ISO Defendants' Petition To Compel Arbitration, #5 Declaration of Sharon Scinto ISO Defendants' Petition To Compel Arbitration, #6 Exhibit A to Declaration of Sharon Scinto ISO Defendants' Petition To Compel Arbitration, #7 Declaration of Nancy Yaffe, Esq. ISO Defendants' Petition To Compel Arbitration, #8 Exhibit s A-D to Declaration of Nancy Yaffe, Esq. ISO of Defendants' Petition To Compel Arbitration, #9 Proposed Order Granting Defendants' Petition To Compel Arbitration) (Yaffe, Nancy)
May 29, 2018 Opinion or Order Filing 9 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: Because the amount-in-controversy requirement has not been satisfied, the Removing Defendants are hereby ORDERED TO SHOW CAUSE why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. The Removing Defendants shall file a response by no later than 6/5/2018. Failure to timely file a satisfactory response by this deadline will result in the remand of this action. Plaintiff shall file a reply, if any, by 6/12/2018. Court Reporter: Not Reported. (gk)
May 25, 2018 Opinion or Order Filing 8 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
May 25, 2018 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet should not have been attached. Each document should have been filed separately. You are not required to take any action in response to this notice unless the Court so directs (ghap)
May 25, 2018 Filing 6 21 DAY Summons Issued re Notice of Removal (Attorney Civil Case Opening) #1 as to Defendants Warren Bird, Neopost USA, Inc., Patrick O Neill, John Poster, James Spates. (ghap)
May 25, 2018 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
May 25, 2018 Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (ghap)
May 24, 2018 NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Jolene Lovett, upon Defendant Neopost USA, Inc. acknowledgment sent by Plaintiff on 4/5/2018, answer due 4/26/2018. Acknowledgment of Service signed by Sadaf Bathaee, Neopost USA, Inc. (SUBMITTED ATTACHED EXHIBIT 2) (ghap)
May 24, 2018 CONFORMED FILED COPY OF COMPLAINT against Defendants Warren Bird, Does 1 through 10, inclusive, Neopost USA Inc., Patrick O Neill, John Poster, James Spates. Jury Demanded., filed by plaintiff Jolene Lovett. (FILED IN STATE COURT ON 3/23/2018 SUBMITTED ATTACHED EXHIBIT 1) (ghap)
May 24, 2018 NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Jolene Lovett, upon Defendant Patrick O Neill acknowledgment sent by Plaintiff on 4/5/2018, answer due 4/26/2018. Acknowledgment of Service signed by Sadaf Bathaee, Patrick O Neill. (SUBMITTED ATTACHED EXHIBIT 2) (ghap)
May 24, 2018 NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Jolene Lovett, upon Defendant James Spates acknowledgment sent by Plaintiff on 4/5/2018, answer due 4/26/2018. Acknowledgment of Service signed by Sadaf Bathaee, James Spates. (SUBMITTED ATTACHED EXHIBIT 2) (ghap)
May 24, 2018 NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Jolene Lovett, upon Defendant John Poster acknowledgment sent by Plaintiff on 4/5/2018, answer due 4/26/2018. Acknowledgment of Service signed by Sadaf Bathaee, John Poster. (SUBMITTED ATTACHED EXHIBIT 2) (ghap)
May 24, 2018 Filing 3 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties, #2 , Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Neopost USA Inc., Patrick O'Neill, John Poster, James Spates. (Yaffe, Nancy)
May 24, 2018 Filing 2 NOTICE of Interested Parties filed by Defendants Neopost USA Inc., Patrick O'Neill, John Poster, James Spates, identifying Neopost USA Inc., Mailroom Holding, Inc., Neopost SA, James Spates, John Poster, Patrick O'Neill, Argo Group US, Inc., Jolene Lovett, Warren Bird. (Yaffe, Nancy)
May 24, 2018 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC699260 Receipt No: 0973-21810051 - Fee: $400, filed by Defendants Patrick O'Neill, James Spates, Neopost USA Inc., John Poster. (Attachments: #1 Civil Cover Sheet, #2 Declaration Candace Hinkle, #3 Declaration Warren Bird, #4 Declaration Sadaf Bathaee, #5 Exhibit s 1-6 to Bathaee Dec) (Attorney Nancy E Yaffe added to party Neopost USA Inc.(pty:dft), Attorney Nancy E Yaffe added to party Patrick O'Neill(pty:dft), Attorney Nancy E Yaffe added to party John Poster(pty:dft), Attorney Nancy E Yaffe added to party James Spates(pty:dft))(Yaffe, Nancy)

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Defendant: Patrick O'Neill
Represented By: Nancy E Yaffe
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Defendant: Warren Bird
Represented By: Connie L Chen
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Defendant: John Poster
Represented By: Nancy E Yaffe
Represented By: Sadaf Bathaee
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Defendant: James Spates
Represented By: Nancy E Yaffe
Represented By: Sadaf Bathaee
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Defendant: Neopost USA Inc.
Represented By: Nancy E Yaffe
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Defendant: DOES 1 through 10 inclusive
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Defendant: Does 1 through 10, inclusive
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Defendant: Neopost USA, Inc.
Represented By: Nancy E Yaffe
Represented By: Sadaf Bathaee
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Defendant: Patrick O Neill
Represented By: Nancy E Yaffe
Represented By: Sadaf Bathaee
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Plaintiff: Jolene Lovett
Represented By: Amy Beth Lawrence
Represented By: Brandon C Fernald
Represented By: Adam P Zaffos
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