Maria Casillas et al v. Home Depot USA, Inc., et al
| Hector Casillas, Agustin Casillas, Jr. and Maria Casillas |
| Home Depot USA, Inc. and Does 1-50, inclusive |
| 2:2018cv06325 |
| July 20, 2018 |
| US District Court for the Central District of California |
| Steve Kim |
| S James Otero |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.
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Filing 40
MINUTES (in chambers): ORDER GRANTING DEFENDANT'S MOTION TO DISMISS WITH PREJUDICE #26 ; ORDER DENYING AS MOOT DEFENDANT'S MOTION TO STRIKE #27 ; ORDER GRANTING DEFENDANT'S MOTION TO DISMISS GUSTAVO ORTIZ #24 by Judge S. James Otero. For the foregoing reasons, the Court GRANTS WITHOUT LEAVE TO AMEND Defendant's Motion to Dismiss Plaintiffs' FAC, ECF No. 26. The Court GRANTS Defendant's Motion To Dismiss Gustavo Ortiz, ECF No. 24. The Court DENIES AS MOOT Defendant's Motion To Strike, ECF No. 27. This case shall close. IT IS SO ORDERED. ( MD JS-6. Case Terminated ) (lom)
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| Filing 39 SCHEDULING NOTICE by Judge S. James Otero. The Court continues the Scheduling Conference set for 11/19/18 to Monday, 1/7/2019 at 08:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 38 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motions suitable for disposition without oral argument and vacates the hearing on MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) filed by Defendant Home Depot USA, Inc. [ECF #26] and the MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) 26 filed by Defendant Home Depot USA, Inc [ECF #27], set for November 19, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 37 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on MOTION to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action filed by Defendant Home Depot USA, Inc.. [ECF #24], set for November 13, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 36 REPLY NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) #26 #27 filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 35 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) #26 filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 34 REPLY NOTICE OF MOTION AND MOTION to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action #24 filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 33 Plaintiff's Opposition to Defendant's Motion to Strike PLt's FAC re: NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) #26 #27 filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Bloom, Mark) |
| Filing 32 Plaintiff's Opposition to Defendant's Motion to Dismiss for Failure to State re: NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) #26 filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Bloom, Mark) |
| Filing 31 SCHEDULING NOTICE by Judge S. James Otero. The Court continues the Scheduling Conference set for hearing on 10/29/18 to Monday, 11/19/2018 at 08:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 30 REPORT filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Bloom, Mark) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan Status Report Submitted by Defendant Home Depot USA, Inc., ONLY filed by Defendant Home Depot USA, Inc... (Attachments: #1 Supplement Schedule of Pretrial Dates)(McLean, Michael) |
| Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action #24 filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Attorney Christopher Michael Blanchard added to party Hector Casillas(pty:pla), Attorney Christopher Michael Blanchard added to party Maria Casillas(pty:pla), Attorney Christopher Michael Blanchard added to party Agustin Casillas, Jr. (pty:pla))(Blanchard, Christopher) |
| Filing 27 NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) #26 filed by Defendant Home Depot USA, Inc.. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Memorandum of Points and Authorities Supporting Motion to Strike Portions of Plaintiffs' First Amended Complaint (FRCP 12(f) or, in The Alternative, Dismiss Such Portions Pursuant to FRCP 12(b)(6), #2 Proposed Order Proposed Order Granting Motion to Strike Portions of Plaintiffs' First Amended Complaint (FRCP 12(f) or, In the Alternative, Dismiss Such Portions Pursuant to FRCP 12(b)(6)) (McLean, Michael) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)) filed by Defendant Home Depot USA, Inc.. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Memorandum of Points and Authorities Supporting Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12 (b)(6)), #2 Proposed Order Proposed Order Granting Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted) (McLean, Michael) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action #24 filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action filed by Defendant Home Depot USA, Inc.. Motion set for hearing on 11/13/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Memorandum of Points and Authorities Supporting Motion to Dismiss Gustavo Ortiz, An Improperly Joined NonDiverse Party Who is not Indispensable to The Action (FRCP 21), #2 Proposed Order Proposed Order Granting Motion to Dismiss Gustavo Ortiz) (McLean, Michael) |
| Filing 23 First AMENDED COMPLAINT against Defendant All Plaintiffs amending Complaint - (Discovery),, filed by MARIA CASILLAS, AGUSTIN CASILLAS, JR. and HECTOR CASILLAS Agustin Casillas, Jr., Hector Casillas, Maria Casillas(Bloom, Mark) |
| Filing 22 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE #6 . The Court GRANTS Defendants' Motion to Dismiss Plaintiffs causes of action for negligence, wrongful death, and intentional infliction of emotional distress WITHOUT LEAVE TO AMEND AND WITHOUT PREJUDICE. The Court GRANTS Defendants Motion To Dismiss Plaintiffs' causes of action for false imprisonment WITH LEAVE TO AMEND. Plaintiff has 10 days from the date of this Order to file and serve on Defendants a First Amended Complaint or to notify the Court that Plaintiff is withdrawing its claim. If Plaintiff files a First Amended Complaint, Defendants have 10 days thereafter to respond. The Court DENIES AS MOOT Defendants Motion To Strike #7 . (lc) |
| Filing 21 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motions suitable for disposition without oral argument and vacates the hearing on the MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendant Home Depot USA, Inc [ECF #6], and the MOTION to Strike Notice of Motion and Motion to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted 6 filed by Defendant Home Depot USA, Inc. [ECF #7], set for September 10, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 20 REPLY to Plaintiffs' Opposition to Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 19 REPLY to Plaintiffs' Opposition to Motion to Strike Portions of Plaintiffs' Complaint filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted #6 filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Bloom, Mark) |
| Filing 17 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted #6 #7 filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. (Bloom, Mark) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court is in receipt of Plaintiffs' Ex Parte Application to File Late Opposition filed August 14, 2018 #13 . To allow for a resolution on the merits, the Court will permit Plaintiffs to file the requested opposition on or before August 20, 2018. Defendant may file a reply on or before August 27, 2018. The hearing on the Motion to Dismiss #6 and the Motion to Strike #7 shall be CONTINUED to September 10, 2018 10:00 a.m. (lc)
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| Filing 15 MEMORANDUM in Opposition to Plaintiffs' Ex Parte Application for Leave to File Late Opposition to Motion to Strike and Motion to Dismiss Pursuant to FRCP 6(b)(1)(B) filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Mark Jay Bloom counsel for Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr.. Arturo Padilla is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plainitff MARIA CASILLAS, AGUSTIN CASILLAS, JR. and HECTOR CASILLAS. (Bloom, Mark) |
| Filing 13 Plaintiff's Ex Parte App to File Late Opposition filed by Plaintiffs Hector Casillas, Maria Casillas, Agustin Casillas, Jr. re: NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted #6 #7 , Reply (Motion related) #11 , Reply (Motion related) #12 (Attachments: #1 Declaration Ex Parte Attachment 1 - Bloom Declaration)(Bloom, Mark) |
| Filing 12 REPLY to Plaintiffs' Non-Opposition to Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 11 REPLY To Plaintiffs' Non-Opposition to Motion to Strike Portions of Plaintiffs' Complaint (FRCP 12(f)) filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
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Filing 10
ORDER SETTING MANDATORY SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 10/15/2018. Scheduling Conference set for 10/29/2018 at 08:30 AM before Judge S. James Otero. (vcr)
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
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| Filing 8 NOTICE Home Depot USA, Inc.. to Adverse Party of Removal to Federal Court (McLean, Michael) |
| Filing 7 NOTICE OF MOTION AND MOTION to Strike NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted #6 filed by Defendant Home Depot USA, Inc.. Motion set for hearing on 8/27/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Proposed Order) (McLean, Michael) |
| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendant Home Depot USA, Inc.. Motion set for hearing on 8/27/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Proposed Order) (McLean, Michael) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Steve Kim. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1-50, inclusive, Home Depot USA, Inc., Jury Demand, filed by plaintiffs Agustin Casillas, Jr., Hector Casillas, Maria Casillas.(Filed in state court 6/6/18, submitted as document 1, attachment 1) (esa) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Home Depot USA, Inc., (McLean, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Home Depot USA, Inc.. (McLean, Michael) |
| Filing 1 NOTICE OF REMOVAL from Defendant, case number BC709455 Receipt No: 0973-22126505 - Fee: $400, filed by Defendant Home Depot USA, Inc.. (Attachments: #1 Exhibit Exhibits A-E) (Attorney Michael Donald McLean added to party Home Depot USA, Inc.(pty:dft))(McLean, Michael) |
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