Jacob Robert Avery v. Bernzomatic et al
Plaintiff: Jacob Robert Avery
Defendant: Worthington Industries, Inc., Bernzomatic, Worthington Cylinder Corporation and Worthington Cylinders Wisconsin, LLC
Case Number: 2:2019cv02856
Filed: April 14, 2019
Court: US District Court for the Central District of California
Presiding Judge: John A Kronstadt
Referring Judge: Rozella A Oliver
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2019 Filing 28 REQUEST for Leave to file late opposition (27) to motion to dismiss (17) filed by plaintiff Jacob Robert Avery. Request set for hearing on 9/23/2019 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration, #2 Exhibit A, email from ECF help desk confirming document was not downloaded) (Shalaby, Andrew)
June 28, 2019 Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss #17 filed by Plaintiff Jacob Robert Avery. (Attachments: #1 Declaration in support of opposition to motion to dismiss, #2 Exhibit A, order from CASD re prefiling order)(Shalaby, Andrew)
June 17, 2019 Opinion or Order Filing 26 (IN CHAMBERS) ORDER RE OPPOSITION TO MOTION TO DISMISS, OR, IN THE ALTERNATIVE, MOTION TO TRANSFER (DKT. #17 ) by Judge John A. Kronstadt: Pursuant to this Court's Standing Order, any opposition to Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer ("Motion") (Dkt. #17 ) was due within 21 days of the filing of the Motion. No such opposition has been filed. Any opposition to the Motion shall be filed no later than June 28, 2019. A separate request to file the opposition shall also be filed by June 28, 2019, which shall explain the reason why the opposition was not timely filed and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are not filed by June 28, 2019, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. If the opposition and request are filed by June 28, 2019, any reply shall be filed no later than July 12, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
June 4, 2019 Opinion or Order Filing 25 (IN CHAMBERS) ORDER RE OBJECTION TO NOTICE OF RELATED CASE (DKT. #19 ) by Judge John A. Kronstadt: Defendants' objection (Dkt. #19 ) to Plaintiff's Notice of Related Cases (Dkt. #8 ) is OVERRULED. The terms of Local Rule 83-1.3 are satisfied. See Dkt. #11 (Order accepting transfer). Neither the acceptance of transfer nor the overruling of Defendant's objection has any bearing on the determination whether venue is proper in this District. See Objection, Dkt. #19 at 5. That issue will be addressed in connection with the resolution of Defendant's pending motion to dismiss in which it is raised (Dkt. #17 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
June 3, 2019 Opinion or Order Filing 24 ORDER by Judge John A. Kronstadt: 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 Related Cases #23 , for the following reasons: (1) Case number is incorrect or missing; (2) Hearing information is missing, incorrect, or not timely; (3) The Notice is not part of this action. To the extent Plaintiff wishes to alert the Court to matters related to this action, the document shall be lodged and not filed. See also Dkt. 13. (jp)
June 1, 2019 Filing 23 [DOCUMENT STRICKEN PER ORDER DATED ON 6/3/2019, SEE DOCKET ENTRY NO. 24]. NOTICE filed by plaintiff Jacob Robert Avery. MDL potential tag-along, Shalaby v. Bernzomatic, et al., 11-cv-68, with regard to prefiling order (Attachments: #1 Supplement Schedule of Actions, updated to include potential tag-along case, Shalaby v. Bernzomatic, et al., 11-cv-68 (prefiling order portion), #2 Exhibit TAG-1, #3 Exhibit TAG-2, #4 Exhibit TAG-3, #5 Exhibit TAG-4, #6 Exhibit TAG-5, #7 Exhibit TAG-6, #8 Exhibit TAG-7, #9 Exhibit TAG-8)(Shalaby, Andrew) Modified on 6/3/2019 (jp).
May 23, 2019 Opinion or Order Filing 22 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference Hearing: No Hearing / Under Submission; Joint Report Due: August 2, 2019. (lom)
May 23, 2019 Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney William T Nagle counsel for Defendants Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc.. Adding William T. Nagle as counsel of record for Defendants Worthington Industries, Inc.; Worthington Cylinder Corporation; Worthington Cylinder Wisconsin, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Worthington Industries, Inc.; Worthington Cylinder Corporation; Worthington Cylinder Wisconsin, LLC. (Attorney William T Nagle added to party Worthington Cylinder Corporation(pty:dft), Attorney William T Nagle added to party Worthington Cylinders Wisconsin, LLC(pty:dft), Attorney William T Nagle added to party Worthington Industries, Inc.(pty:dft))(Nagle, William)
May 22, 2019 Filing 20 NOTICE of Interested Parties filed by Defendants Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc., (Granskog, Jason)
May 22, 2019 Filing 19 OBJECTIONS to Notice of Related Case(s) #8 filed by Defendants Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc.. (Granskog, Jason)
May 22, 2019 Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss #17 filed by Defendants Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc.. (Granskog, Jason)
May 22, 2019 Filing 17 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss filed by Defendants Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc.. Motion set for hearing on 9/23/2019 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Motion to Dismiss, or in the Alternative, Motion to Transfer, #2 Declaration of Jason J. Granskog in Support of Motion to Dismiss, or in the Alternative, Motion to Transfer, #3 Declaration of Steven T. Gentry in Support of Motion to Dismiss, or in the Alternative, Motion to Transfer) (Attorney Jason J Granskog added to party Worthington Cylinder Corporation(pty:dft), Attorney Jason J Granskog added to party Worthington Cylinders Wisconsin, LLC(pty:dft), Attorney Jason J Granskog added to party Worthington Industries, Inc.(pty:dft)) (Granskog, Jason)
April 26, 2019 Filing 16 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. (SEE ORDER FOR SPECIFICS). (pj)
April 25, 2019 Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #7 as to Defendants Bernzomatic, Worthington Cylinder Corporation, Worthington Cylinders Wisconsin, LLC, Worthington Industries, Inc.. (yl)
April 24, 2019 Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Jacob Robert Avery. (Shalaby, Andrew)
April 23, 2019 Opinion or Order Filing 13 ORDER by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice #10 For the following reasons: Case number is incorrect or missing. The Notices filed are not a part of this action. To the extent that Plaintiff wishes to alert the Court to matters related to this action, the documents shall be lodged and not filed. (yl)
April 23, 2019 Filing 12 [STRICKEN PER DKT. #13 ] NOTICE of MDL 19-24 filed April 23, 2019 filed by plaintiff Jacob Robert Avery. (Attachments: #1 Supplement MDL 19-24 Memorandum of Points and Authorities, #2 Supplement MDL 19-24, Schedule of Actions, #3 Supplement MDL 19-24 Notice of Related Actions, #4 Supplement MDL 19-24, Service List, #5 Supplement MDL 19-24 Proof of Service, #6 Exhibit A - Avery v. Bernzomatic (CACD), #7 Exhibit B - Bailey v. Bernzomatic (ILND), #8 Exhibit C - Peralta v. Bernzomatic (AZ), #9 Exhibit D - In Re Subpoena and Deposition Notice to DAVID THOMAS (NYWD), #10 Exhibit E - Notice of Intent to Move for MDL, #11 Exhibit F - caption, stipulated consolidation of depositions, Bailey and Peralta actions, #12 Exhibit G - mandatory self-reporting of PHV revocation in ILND by Attorney Andrew W. Shalaby)(Shalaby, Andrew) Modified on 6/3/2019 (ake).
April 22, 2019 Opinion or Order Filing 11 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:16-cv-00848 JAK(RAOx). Case transferred from Judge Ronald S.W. Lew and Magistrate Judge Alicia G. Rosenberg to Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-02856 JAK(RAOx). Signed by Judge John A. Kronstadt (rn)
April 19, 2019 Filing 10 [*STRICKEN PURSUANT TO ORDER FILED 4/23/2019 DE #13*] NOTICE mandatory reporting of revocation of PHV Admission in ILND (Illinois) by Andrew W. Shalaby filed by plaintiff Jacob Robert Avery. (Attachments: #1 Exhibit A - UTS Study rev. 1(b), #2 Exhibit B - response to motion to revoke PHV Admission in Arizona by Andrew W. Shalaby, #3 Exhibit C - California State Bar Certificate of Good Standing, #4 Exhibit D - California Supreme Court Certificate of Good Standing, #5 Exhibit E - CAND certificate of good standing)(Shalaby, Andrew) Modified on 4/24/2019 (yl).
April 17, 2019 Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #7 . The following error(s) was found: Other error(s) with document(s): Duplicate filing of complaint. Docket item 1 is the initial complaint in this cv action. (car)
April 16, 2019 Filing 8 NOTICE of Related Case(s) filed by Plaintiff Jacob Robert Avery. Related Case(s): 2:16-cv-00848-JAK-RAO (Shalaby, Andrew)
April 16, 2019 Filing 7 COMPLAINT with filing fee previously paid (400 paid on 04/14/2019, receipt number 26GPER7N), filed by plaintiff Jacob Robert Avery. (Attachments: #1 Exhibit SCT-1, UTS Study (CPSC report))(Shalaby, Andrew)
April 16, 2019 Filing 6 NOTICE of Interested Parties filed by Plaintiff Jacob Robert Avery, identifying Bernzomatic, Worthington Industries, Worthington Cylinder Corporation, Worthington Cylinders Wisconsin LLC, Newell Rubbermaid Inc., Newell Brands, Newell Operating Company, Irwin Industrial Tool Company, and related counsels and law firms. (Shalaby, Andrew)
April 16, 2019 Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car)
April 16, 2019 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
April 16, 2019 Filing 3 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Alicia G. Rosenberg. (car)
April 14, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Jacob Robert Avery. (Shalaby, Andrew)
April 14, 2019 Filing 1 COMPLAINT Receipt No: 0973-23547066 - Fee: $400, filed by plaintiff Jacob Robert Avery. (Attachments: #1 Exhibit SCT-1, UTS Study (CPSC report)) (Attorney Andrew W Shalaby added to party Jacob Robert Avery(pty:pla))(Shalaby, Andrew)

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Defendant: Worthington Industries, Inc.
Represented By: Jason J Granskog
Represented By: William T Nagle
Represented By: Richard Allen Ergo
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Defendant: Bernzomatic
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Defendant: Worthington Cylinder Corporation
Represented By: Jason J Granskog
Represented By: William T Nagle
Represented By: Richard Allen Ergo
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Defendant: Worthington Cylinders Wisconsin, LLC
Represented By: Jason J Granskog
Represented By: William T Nagle
Represented By: Richard Allen Ergo
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Plaintiff: Jacob Robert Avery
Represented By: Andrew W Shalaby
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