Kathleen Bywater v. Costco Wholesale Corporation et al
| Kathleen Bywater |
| Costco Wholesale Corporation, Costco Wholesale Membership, Inc. and Does 1 through 50 |
| 2:2018cv07255 |
| August 17, 2018 |
| US District Court for the Central District of California |
| Frederick F Mumm |
| Stephen V Wilson |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 38
ORDER RE STIPULATION FOR DISMISSAL by Judge Stephen V. Wilson, re Stipulation to Dismiss Case #37 . IT IS HEREBY ORDERED that the above-captioned action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1). (mrgo)
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| Filing 37 STIPULATION to Dismiss Case filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order Stipulation for Dismissal)(Custurea, Andreea) |
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Filing 36
MINUTE ORDER IN CHAMBERS MOVING CASE TO INACTIVE CALENDAR PENDING SETTLEMENT by Judge Stephen V. Wilson re: Notice of Settlement #35 . (Made JS-6. Case Terminated.) (mrgo)
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| Filing 35 NOTICE of Settlement filed by Defendant Costco Wholesale Corporation. (Custurea, Andreea) |
| Filing 34 MEMORANDUM of CONTENTIONS of FACT and LAW filed by PLAINTIFF Kathleen Bywater. (Selik, Evan) |
| Filing 33 Witness List filed by PLAINTIFF Kathleen Bywater.. (Selik, Evan) |
| Filing 32 Witness List filed by Defendant Costco Wholesale Corporation.. (Custurea, Andreea) |
| Filing 31 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Costco Wholesale Corporation. (Custurea, Andreea) |
| Filing 30 JOINT Exhibit List filed by Defendant Costco Wholesale Corporation.. (Custurea, Andreea) |
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Filing 29
ORDER RE: STIPULATION FOR DEFENSE MEDICAL EXAMINATION OF KATHLEEN BYWATER (F.R.C.P. 35) #26 by Magistrate Judge Frederick F. Mumm. 1. IT IS ORDERED THAT plaintiff KATHLEEN BYWATER will submit to a defense medical examination regarding her claims of orthopaedic injuries, pursuant to Federal Rules of Civil Procedure, Rules 26 and 35, under the conditions set forth below. (see order for details) (hr)
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| Filing 28 IN CHAMBERS ONLY TEXT-ONLY ENTRY by Judge Stephen V. Wilson: Defendant's ex parte application #25 is granted in part and denied in part. The deadline for the initial designation of experts is continued to January 25, 2019. The designation of rebuttal experts is continued to February 1, 2019. The Court declines to address any deadlines for mediation, because the parties have not submitted to the Court any request for mediation pursuant to the Court's notice to the parties of the ADR Program #7 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 27 IN CHAMBERS ONLY TEXT-ONLY ENTRY by Judge Stephen V. Wilson re: Stipulation to Compel #26 - The stipulation is referred to the Honorable Frederick F. Mumm, Magistrate Judge, for determination. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 26 STIPULATION to Compel Physical Examination of Plaintiff Kathleen Bywater filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order for Physical Examination of Plaintiff Kathleen Bywater)(Custurea, Andreea) |
| Filing 25 EX PARTE APPLICATION to Continue Expert Designations and Mediation Completion Deadlines from January 11, 2019 to February 22, 2019 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Declaration of Andreea Custurea in Support of Ex Parte Application and Motion to Modify/Continue Expert Designations and Mediation Completion Deadlines, #2 Exhibit 1 to Declaration of Andreea Custurea ISO Ex Parte Application, #3 Exhibit 2 to Declaration of Andreea Custurea ISO Ex Parte Application, #4 Proposed Order Modifying/Continuing Expert Designations and Mediation Completion Deadlines) (Custurea, Andreea) |
| Filing 24 SCHEDULING NOTICE/IN CHAMBERS ONLY TEXT-ONLY ENTRY by Judge Stephen V. Wilson: Plaintiff's ex parte application to continue the hearing #22 on Defendant's motion for summary judgment #20 is GRANTED IN PART. It appears that Plaintiff has not been diligent in pursuing discovery in this case, including in deposing Defendant's noticed witnesses regarding the incident that is the subject of this litigation. Nevertheless, since trial is set for March 5, 2019, the Court will grant Plaintiff until February 1, 2019 to take the depositions of Chris McElroy and Lorraine Chavez to allow Plaintiff a proper opportunity to oppose Defendant's motion for summary judgment #20 . Plaintiff's opposition to Defendant's motion for summary judgment #20 is due on February 11, 2019. Defendant's reply brief is due on February 18, 2019. The hearing on Defendant's motion for summary judgment #20 is continued to February 25, 2019 at 3:00 p.m. to coincide with the Pretrial Conference. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 23 OPPOSITION re: EX PARTE APPLICATION for Special Hearing EX PARTE APPLICATION TO CONTINUE MSJ #22 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Declaration of Andrea Custurea in Support of Opposition to Plaintiff's Ex Parte Application to Continue Motion for Summary Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Custurea, Andreea) |
| Filing 22 EX PARTE APPLICATION for Special Hearing EX PARTE APPLICATION TO CONTINUE MSJ filed by Plaintiff Kathleen Bywater. (Attachments: #1 Declaration DECLARATION OF EVAN SELIK IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION TO CONTINUE DEFENDANTS MOTION FOR SUMMARY JUDGMENT HEARING DATE AND PLAINTIFFS OPPOSITION FILING DATE, #2 Proposed Order [PROPOSED] ORDER) (Attorney Everett Hinchcliffe added to party Kathleen Bywater(pty:pla)) (Hinchcliffe, Everett) |
| Filing 21 STATEMENT of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, for Partial Summary #20 filed by Defendant Costco Wholesale Corporation. (Egan, Eugene) |
| Filing 20 NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative, for Partial Summary filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 1/14/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Chris McElroy, #2 Exhibit 1 to Chris McElroy Declaration, #3 Declaration of Mae Alberto, #4 Exhibit 2 to Mae Alberto Declaration, #5 Exhibit 3 to Mae Alberto Declaration, #6 Proposed Order) (Egan, Eugene) |
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Filing 19
ORDER TO STIPULATION TO CONTINUE TRIAL AND ALL RELATED DATES #15 by Judge Stephen V. Wilson. IT IS HEREBY ORDERED THAT: The Pretrial Conference date is continued to February 25, 2019 at 3:00 p.m.; The Trial date is continued to March 5,2019 at 9:00 a.m. See document for details. (lom)
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| Filing 18 NOTICE OF LODGING filed by Defendant Costco Wholesale Corporation re Stipulation to Continue #15 (Attachments: #1 Proposed Order to Stipulation to Continue Trial and All Related Dates)(Custurea, Andreea) |
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Filing 17
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #16 . (see order for details) (hr)
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| Filing 16 STIPULATION for Protective Order filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Custurea, Andreea) |
| Filing 15 Joint STIPULATION to Continue Trial from 02/05/2019 to 06/10/2019 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Custurea, Andreea) |
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Filing 14
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson: Jury Trial is set for 2/5/2019 at 9:00 AM, with a Pretrial Conference set for 1/28/2019 at 3:00 PM. (pc)
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| Filing 13 SCHEDULING NOTICE by Judge Stephen V. Wilson: The initial status conference is vacated and off-calendar. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 Days, filed by Defendant Costco Wholesale Corporation.. (Custurea, Andreea) |
| Filing 11 Notice of Electronic Filing re Reassign Case - Self-Recusal - pursuant to GO 16-05 (CV-52), #8 , Answer to Complaint (Discovery), Complaint - (Discovery), Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Initial Order upon Filing of Complaint - form only #9 , Initial Order Setting R26 Scheduling Conference - form only #10 , Service of Summons and Complaint Returned Executed (21 days),, Notice of Assignment to United States Judges(CV-18) - optional html form #6 e-mailed to Evan M Selik bounced due to invalid email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to eselik@mccathernlaw.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. (rrey) TEXT ONLY ENTRY |
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Filing 10
ORDER SETTING INITIAL STATUS CONFERENCE for 10/1/2018 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 9
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 16-05 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Stephen V. Wilson for all further proceedings. Case number now reads as 2:18-cv-07255 SVW(FFMx). (rn)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Frederick F. Mumm. (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Kathleen Bywater, upon Defendant Costco Wholesale Corporation served on 7/20/2018, answer due 8/10/2018. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service of Process, by serving Carlos Paz, Process Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. File in State Court on 7/31/2018 Submitted with attachment 3 to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant Costco Wholesale Corporation. Filed in State Court on 8/16/18 Submitted with attachment 2 to notice of removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Costco Wholesale Corporation, Costco Wholesale Membership, Inc., Does 1 through 50. Jury Demanded, filed by plaintiff Kathleen Bywater. Filed in State Court on 7/12/18 Submitted with attachment 1 to notice of removal #1 (car) |
| Filing 5 NOTICE of Interested Parties filed by Defendant Costco Wholesale Corporation, (Custurea, Andreea) |
| Filing 4 CERTIFICATE of Interested Parties filed by Defendant Costco Wholesale Corporation, (Custurea, Andreea) |
| Filing 3 NOTICE to Adverse Party of Filing Notice of Removal filed by Defendant Costco Wholesale Corporation. (Custurea, Andreea) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Costco Wholesale Corporation. (Custurea, Andreea) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC713351 Receipt No: 0973-22275324 - Fee: $400, filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Complaint, #2 Answer, #3 Proof of Service) (Attorney Andreea Virginia Custurea added to party Costco Wholesale Corporation(pty:dft))(Custurea, Andreea) |
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