The Estate of Huanxiao Wu et al v. HT State Travel and Bus Company, Inc. et al
| Tianqui Peng, Pei Weng, Minyi Peng, Zhang Wu, Feng Xia Lu and The Estate of Huanxiao Wu |
| HT State Travel & Bus Company, Inc., Liu Yi, Youcheng USA, Inc., HT State Travel and Bus Company, Inc. and Doe |
| Huanxiao Wu |
| HT State Travel & Bus Company, Inc., |
| United States of America, ROES 1 TO 30 and Roes |
| 2:2019cv05999 |
| July 11, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Alexander F MacKinnon |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. BC720628, acknowledged on 8/19/2019. (gk) |
| Filing 15 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) |
Filing 14
MINUTES OF IN CHAMBERS - ORDER DISMISSING COUNTERCLAIM AND REMANDING REMAINDER OF ACTION TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: On 7/22/2019, the Court ordered the Government to show cause why the doctrine of derivative jurisdiction does not require the Court to determine that it lacks jurisdiction over Defendants' claim against the Government and remand the entire action to Los Angeles County Superior Court ("OSC") #9 . While the OSC ordered the parties to discuss whether the Court should remand the entire action, the Ninth Circuit has held that the proper procedure for disposing of improperly removed actions under the derivative jurisdiction doctrine is to dismiss the claim against the Government. Since the analysis remains otherwise unchanged, the Court need not order additional briefing on this distinction. To the extent that the Court may exercise supplemental jurisdiction over the remaining state-law claims in Plaintiffs' Complaint, it declines to do so. The Court hereby DISMISSES, without prejudice, HT's Counterclaim against the Government and REMANDS the remainder of the action to Los Angeles County Superior Court. Because Plaintiffs' pending Motion to Remand #13 requests relief on the same grounds discussed in this order, that motion is DENIED as moot and the 9/20/2019 hearing on the motion is VACATED. Court Reporter: Not Reported. (gk)
|
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs Feng Xia Lu, Minyi Peng, Tianqui Peng, The Estate of Huanxiao Wu. Motion set for hearing on 9/20/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Ravipudi, Rahul) |
| Filing 12 RESPONSE filed by Cross Claimant HT State Travel and Bus Company, Inc.to Response #11 REPLY TO ORDER TO SHOW CAUSE REGARDING THE COURTS REMOVAL JURISDICTION - CORRECTED VERSION (Davis, Josh) |
| Filing 11 RESPONSE filed by Cross Claimant HT State Travel and Bus Company, Inc. REPLY TO ORDER TO SHOW CAUSE REGARDING THE COURTS REMOVAL JURISDICTION (Davis, Josh) |
| Filing 10 RESPONSE filed by Cross Defendant United States of Americato Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #9 (Pinchas, David) |
|
Filing 9
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE REGARDING COURT'S REMOVAL JURISDICTION by Judge Dolly M. Gee: The Government is hereby ORDERED TO SHOW CAUSE why the Court should not determine that it lacks jurisdiction over Defendants' claim against the Government and remand the entire action to Los Angeles County Superior Court. The Government shall respond to this Order in writing no later than seven days from the date of this Order. Defendants may file a reply to the Government's response no later than seven days after the Government files its response. See document for further details. Court Reporter: Not Reported. (gk)
|
|
Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
|
|
Filing 7
MINUTE (IN CHAMBERS) ORDER REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 19-03 filed on July 18, 2019. (See order for details.) (kti)
|
| Filing 5 CERTIFICATE OF SERVICE filed by cross-defendant United States of America, re Notice of Removal (Attorney Civil Case Opening), #1 of Notice to State Court served on 7/15/2019. (Attachments: #1 Notice to State Court and Adverse Parties of Removal of Civil Action to United States District Court, #2 Proof of Service)(Pinchas, David) |
|
Filing 6
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-05999 DMG(AFMx). (rn)
|
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alexander F. MacKinnon. (lh) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be Youcheng USA Inc., filed by Plaintiffs Minyi Peng, Tianqui Peng (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 10/11/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1)(lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants HT State Travel and Bus Company, Inc., Liu Yi, Does 1 to 100. Filed by Plaintiffs Minyi Peng, Tianqui Peng. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/5/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1 #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Youcheng USA, Inc., upon Defendant Youcheng USA, Inc. served on 10/19/2018, answer due 11/9/2018. Service of the Summons and Complaint were executed upon Zheng Wang, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 10/26/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1) (lh) |
| CONFORMED FILED COPY OF CROSS-COMPLAINANT against Cross-Defendants Roes 1 to 30, United States of America, filed by Defendant and Cross-Complainant HT State Travel and Bus Company, Inc.(FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/19/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1) (lh) |
| CONFORMED FILED COPY OF SECOND AMENDED COMPLAINT against Defendant HT State Travel and Bus Company, Inc., Liu Yi, Youcheng USA, Inc. amending Complaint; JURY DEMAND, filed by Plaintiffs Pei Weng, Minyi Peng, Tianqui Peng, Feng Xia Lu, The Estate of Huanxiao Wu, Zhang Wu. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/24/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1)(lh) |
| Filing 2 CIVIL COVER SHEET filed by Cross Defendant United States of America. (Pinchas, David) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California for the County of Los Angeles, case number BC720628 No Fee Required - US Government, filed by Cross-Defendant United States of America, ROES 1 TO 30. (Attachments: #1 Exhibit 1, #2 Proof of Service) (Attorney David E Pinchas added to party ROES 1 TO 30(pty:crd), Attorney David E Pinchas added to party United States of America(pty:crd))(Pinchas, David) |
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.
