Vladimir Schuchard v. The TJX Companies, Inc. et al
Plaintiff: Vladimir Schuchard
Defendant: MARSHALLS OF MA, INC., a Massachusetts corporation, SIERRA TRADING POST, INC., a Wyoming corporation, HOMEGOODS, INC., a Delaware corporation, The TJX Companies, Inc., a Delaware Corporation, T.J. MAXX OF CA, LLC, a Virginia limited liability company, MARSHALLS OF CA, LLC, a Virginia limited liability company, Marshalls of CA, LLC, T.J. Maxx of CA LLC, Sierra Trading Post, Inc., Marshalls of MA, Inc., Homegoods, Inc., Does 1 through 50, inclusive and The TJX Companies, Inc.
Case Number: 2:2019cv06299
Filed: July 22, 2019
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Cormac J Carney
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Opinion or Order Filing 22 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO COMPEL ARBITRATION [Dkt. 20] AND DISMISSING CASE by Judge Cormac J. Carney. Before the Court is Defendants' motion to compel arbitration and dismiss action. (Dkt. #20 .) Plaintiff does not oppose the motion. (See Dkt. 21.) Accordingly, Defendants' motion to compel arbitration is GRANTED and the case is DISMISSED. (lom)
September 3, 2019 Filing 21 NOTICE OF NON-OPPOSITION to First NOTICE OF MOTION AND MOTION to Compel Arbitration #20 filed by Plaintiff Vladimir Schuchard. (Setareh, Chaim)
August 21, 2019 Filing 20 First NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. Motion set for hearing on 9/23/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Of Eric E. Suits, #2 Declaration Of Stephen Conrad, #3 Proposed Order) (Suits, Eric)
August 14, 2019 Opinion or Order Filing 19 ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Pamela Q. Davata to Appear Pro Hac Vice on behalf of Defendant The TJX Companies, Inc., Homegoods, Inc., T.J. Maxx of CA, LLC., Marshalls of CA, LLC. Marshalls of MA, Inc and Sierra Trading Post, Inc, designating Eric E. Suits as local counsel #17 . (iv)
August 14, 2019 Opinion or Order Filing 18 ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendant The TJX Companies, Inc., Homegoods, Inc., T.J. Maxx of CA, LLC., Marshalls of CA, LLC. Marshalls of MA, Inc and Sierra Trading Post, Inc, designating Eric E. Suits as local counsel #16 . (iv)
August 13, 2019 Filing 17 Third APPLICATION of Non-Resident Attorney Pamela Q. Devata to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 7/30/2019, Receipt No. 0973-24173364) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Eric E. Suits) (Suits, Eric)
August 13, 2019 Filing 16 Third APPLICATION of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 7/30/2019, Receipt No. 0973-24173150) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Eric E. Suits) (Suits, Eric)
August 7, 2019 Filing 15 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice #12 , #13 by Judge Cormac J. Carney. Counsel shall consult the error(s) noted in the Notice of Deficiency #14 and re-file their application no later than August 13, 2019, and submit the proposed order in word format to chambers email (cjc_chambers@cacd.uscourts.gov). (iv)
August 2, 2019 Filing 14 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac V #12 , Corrected APPLICATION of Non-Resident Attorney Pamela Q. Devata to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Ha #13 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt)
August 1, 2019 Filing 13 Corrected APPLICATION of Non-Resident Attorney Pamela Q. Devata to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 7/30/2019, Receipt No. 0973-24173150) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order) (Suits, Eric)
August 1, 2019 Filing 12 Corrected APPLICATION of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 7/30/2019, Receipt No. 0973-24173364) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order) (Suits, Eric)
July 31, 2019 Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Pamela Q. Devata to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vi #9 . The following error(s) was/were found: Case number is incomplete. Missing DJ and MJ initials; Application and proposed order are inconsistent. Application fails to list Marshalls of MA and Sierra Trading Post, Inc, but Order has these 2 defendants listed. (lt)
July 31, 2019 Filing 10 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice #8 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Case number is incomplete. Missing DJ and MJ initials; Application and proposed order are inconsistent. Application fails to list Marshalls of MA and Sierra Trading Post, Inc, but Order has these 2 defendants listed. No signature on Application. Local counsel failed to sign the application. Staff signed. See LR 11-1. See Instructions for Applicants (1) (G-64). (lt)
July 30, 2019 Filing 9 First APPLICATION of Non-Resident Attorney Pamela Q. Devata to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24173364) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order) (Suits, Eric)
July 30, 2019 Filing 8 First APPLICATION of Non-Resident Attorney John W. Drury to Appear Pro Hac Vice on behalf of Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24173150) filed by Defendants Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc.. (Attachments: #1 Proposed Order) (Suits, Eric)
July 25, 2019 Filing 7 First STIPULATION Extending Time to Answer the complaint as to Marshalls of MA, Inc. answer now due 8/12/2019; Homegoods, Inc. answer now due 8/12/2019; Sierra Trading Post, Inc. answer now due 8/12/2019; The TJX Companies, Inc. answer now due 8/12/2019; T.J. Maxx of CA LLC answer now due 8/12/2019; Marshalls of CA, LLC answer now due 8/12/2019, re Complaint - (Discovery), filed by Defendants Marshalls of MA, Inc.; Homegoods, Inc.; Sierra Trading Post, Inc.; The TJX Companies, Inc.; T.J. Maxx of CA LLC; Marshalls of CA, LLC.(Suits, Eric)
July 23, 2019 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John W. Drury. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)
July 23, 2019 Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Pamela Q. Devata. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)
July 23, 2019 Filing 4 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 No. 9 Civil Cover Sheet and No. 10 Declaration Rule 7.1-1 Corporate Disclosure Statement should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh)
July 23, 2019 Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
July 23, 2019 Filing 2 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Paul L. Abrams. (lh)
July 22, 2019 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Vladimir Schuchard, upon Defendant T.J. Maxx of CA LLC served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/21/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-4 ) (lh)
July 22, 2019 CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does 1 through 50, Homegoods, Inc., Marshalls of CA, LLC, Marshalls of MA, Inc., Sierra Trading Post, Inc., T.J. Maxx of CA LLC, The TJX Companies, Inc. Jury Demanded, filed by Plaintiff Vladimir Schuchard. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/25/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-3 #1 ) (lh)
July 22, 2019 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Vladimir Schuchard, upon Defendant Marshalls of CA, LLC served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/21/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-4) (lh)
July 22, 2019 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Vladimir Schuchard, upon Defendant Marshalls of MA, Inc. served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/21/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-4) (lh)
July 22, 2019 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Vladimir Schuchard, upon Defendant Sierra Trading Post, Inc. served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/21/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-4) (lh)
July 22, 2019 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Vladimir Schuchard, upon Defendant Homegoods, Inc. served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/21/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-4) (lh)
July 22, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court of Los Angeles County, case number 19STCV14308 Receipt No: 0973-24123535 - Fee: $400, filed by Defendants MARSHALLS OF MA, INC., a Massachusetts corporation, T.J. MAXX OF CA, LLC, a Virginia limited liability company, HOMEGOODS, INC., a Delaware corporation, SIERRA TRADING POST, INC., a Wyoming corporation, The TJX Companies, Inc., a Delaware Corporation, MARSHALLS OF CA, LLC, a Virginia limited liability company. (Attachments: #1 Exhibit A Part 1 - State Court Civil Case Cover Sheet, #2 Exhibit A Part 2 - State Court Summons, #3 Exhibit A Part 3 - State Court Complaint, #4 Exhibit A Part 4 - State Court Proof of Service of Summons, #5 Exhibit A Part 5 - State Court Notice of Assignment, #6 Exhibit A Part 6 - State Court Minute Order, #7 Exhibit A Part 7 - State Court Notice of Appearance, #8 Exhibit A Part 8 - State Court Joint Case Management Conference Statement, #9 Civil Cover Sheet, #10 Declaration Rule 7.1-1 Corporate Disclosure Statement) (Attorney Eric E Suits added to party HOMEGOODS, INC., a Delaware corporation(pty:dft), Attorney Eric E Suits added to party MARSHALLS OF CA, LLC, a Virginia limited liability company(pty:dft), Attorney Eric E Suits added to party MARSHALLS OF MA, INC., a Massachusetts corporation(pty:dft), Attorney Eric E Suits added to party SIERRA TRADING POST, INC., a Wyoming corporation(pty:dft), Attorney Eric E Suits added to party T.J. MAXX OF CA, LLC, a Virginia limited liability company(pty:dft), Attorney Eric E Suits added to party The TJX Companies, Inc., a Delaware Corporation(pty:dft))(Suits, Eric)

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Defendant: MARSHALLS OF MA, INC., a Massachusetts corporation
Represented By: Eric E Suits
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Defendant: SIERRA TRADING POST, INC., a Wyoming corporation
Represented By: Eric E Suits
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Defendant: HOMEGOODS, INC., a Delaware corporation
Represented By: Eric E Suits
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Defendant: The TJX Companies, Inc., a Delaware Corporation
Represented By: Eric E Suits
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Defendant: T.J. MAXX OF CA, LLC, a Virginia limited liability company
Represented By: Eric E Suits
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Defendant: MARSHALLS OF CA, LLC, a Virginia limited liability company
Represented By: Eric E Suits
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Defendant: Marshalls of CA, LLC
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Defendant: T.J. Maxx of CA LLC
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Defendant: Sierra Trading Post, Inc.
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Defendant: Marshalls of MA, Inc.
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Defendant: Homegoods, Inc.
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Defendant: Does 1 through 50, inclusive
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Defendant: The TJX Companies, Inc.
Represented By: Eric E Suits
Represented By: Pamela Q Devata
Represented By: John W Drury
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Plaintiff: Vladimir Schuchard
Represented By: Chaim Shaun Setareh
Represented By: William Matthew Pao
Represented By: Alexandra Rochelle McIntosh
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