Gregory Torres et al v. Honeywell, Inc. et al
| Samantha Walker Perry, Gregory Torres and Melinda C. Green |
| Turbo 2000 Corporation, Honeywell Turbo Technologies, Garrett by Honeywell, AVCO Corporation, Fine Line Designs, Honeywell Engine Control Systems, Lycoming Engines, Turbo-Flight, Approved Turbo Components, Inc., Camarillo Aircraft Service, Fly in Vacations, Honeywell Engines & Systems, Inc., Flitecraft Turbo Inc., Honeywell Aerospace, Honeywell, Inc., Honeywell Transportation Systems, Honeywell International, Inc., DOES, Does 1-100, inclusive, Honeywell Engines and Systems, Inc., Garrett by Honeywell doing business as Garrett Airesearch doing business as Allied Corp. doing business as Allied Signal formerly known as Garrett Airesearch formerly known as Allied Corp. formerly known as Allied Signal, Allied Signal, Allied Corp., Garrett Engine Boosting Systems and Garrett Airesearch |
| 2:2019cv06980 |
| August 12, 2019 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Karen L Stevenson |
| Airplane Product Liability |
| 28 U.S.C. § 1446 pl |
| Both |
Docket Report
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| Filing 36 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court. Case number: BC661236. (jp) |
Filing 35
MINUTES (IN CHAMBERS) Order Re: Plaintiffs' Motion to Remand (DE #21 ); Defendants' Motion to Dismiss (DE #10 ); Plaintiff's motion to Conduct Jurisdictional Discovery (DE #22 ) by Judge R. Gary Klausner: The Court GRANTS Plaintiffs' Motion to Remand and hereby REMANDS this case to the Los Angeles Superior Court for all further proceedings. The Court DENIES as moot Defendants' Motion to Dismiss and Plaintiffs Motion to Conduct Jurisdictional Discovery. (MD JS-6. Case Terminated.) (jp)
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Filing 34
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs' Motion to Remand #21 ; and Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery #22 , calendared for hearing on September 30, 2019, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 33 REPLY in support of motion NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Plaintiff Gregory Torres. (Akbari, A) |
| Filing 32 REPLY in support of motion NOTICE OF MOTION AND MOTION to Conduct Jurisdictional Discovery #22 filed by Plaintiff Gregory Torres. (Attachments: #1 Exhibit (A) Arizona Court Protective Order)(Akbari, A) |
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Filing 31
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants AVCO Corporation, and Lycoming Engines Motion to Dismiss for Lack of Jurisdiction #10 , calendared for hearing on September 16, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Defendants AVCO Corporation, Lycoming Engines. (Attachments: #1 Declaration of Andrew Green in Support, #2 Exhibit 1 (Amended Complaint), #3 Exhibit 2 (2nd Amended Complaint), #4 Exhibit 3 (AZ docket), #5 Exhibit 4 (CA docket), #6 Exhibit 5 (Federal Docket), #7 Exhibit 6 (Pltf Supp Initial Disclosures), #8 Exhibit 7 (Pltf Initial Disclosures), #9 Exhibit 8 (Complaint))(Green, Andrew) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Conduct Jurisdictional Discovery #22 filed by Defendants AVCO Corporation, Lycoming Engines. (Mooradian, Alina) |
| Filing 27 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #10 filed by Defendant AVCO Corporation. (Mooradian, Alina) |
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Filing 26
MINUTES (IN CHAMBERS) Order Re: Ex Parte Application to Stay Pending Remand (DE #24 ) by Judge R. Gary Klausner: The Application is hereby DENIED. The Court will issue its orders on both motions after full consideration of the parties' arguments. (jp)
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| Filing 25 MEMORANDUM in Opposition to EX PARTE APPLICATION to Stay pending Remand #24 filed by Defendant AVCO Corporation. (Green, Andrew) |
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Filing 28
ORDER by Judge R. Gary Klausner: granting #17 Non-Resident Attorney Tracy H Fowler APPLICATION to Appear Pro Hac Vice on behalf of Defendants AVCO Corporation, Lycoming Engines, designating Alina Mooradian as local counsel. (jp)
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| Filing 24 EX PARTE APPLICATION to Stay pending Remand filed by plaintiffs Gregory Torres. (Attachments: #1 Declaration of Michael S. Miska in Support of Motion to Stay Pending Remand, #2 Proposed Order) (Akbari, A) |
| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #10 filed by Plaintiffs Melinda C. Green, Samantha Walker Perry, Gregory Torres. (Attachments: #1 Declaration Declaration of Michael S. Miska with Exhibits)(Miska, Michael) |
| Filing 22 NOTICE OF MOTION AND MOTION to Conduct Jurisdictional Discovery filed by plaintiffs Gregory Torres. Motion set for hearing on 9/30/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Jurisdictional Discovery, #2 Proposed Order) (Akbari, A) |
| Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiffs Gregory Torres. Motion set for hearing on 9/30/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Remand, #2 Declaration of Michael S. Miska in Support of Remand, #3 Exhibit A (Arizona Complaint), #4 Exhibit B (Proof of Service), #5 Exhibit C (Approved Turbo Subpoena), #6 Exhibit D (Website), #7 Exhibit E (CA Proof of Service re Summons), #8 Exhibit F (Logbook), #9 Exhibit G (GAS 0047-49), #10 Exhibit H (Fleck Deposition), #11 Proposed Order) (Akbari, A) |
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Filing 20
MINUTE ORDER IN CHAMBERS Order re: Stipulation for First Continuance of Hearing of Avco Corporation and Lycoming Engine's Motion to Dismiss for Lack of Jurisdiction [DE 19] by Judge R. Gary Klausner re: Stipulation to Continue, #19 . The parties' request to continue the hearing date on Avco Corporation and Lycoming Engine's Motion to Dismiss for Lack of Jurisdiction to September 30, 2019 is DENIED for lack of good cause. However, in the interest of justice, the Court hereby extends Plaintiffs deadline to file an opposition to September 2, 2019. Any reply in support of the motion shall be filed by September 9, 2019. At that time, the Court will take the motion to dismiss under submission and off calendar. (mrgo)
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| Filing 19 First STIPULATION to Continue Avco Corporation and Lycoming Engine's Motion to Dismiss for Lack of Personal Jurisdiction from September 16, 2019 to September 30, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #10 filed by plaintiff Gregory Torres. (Attachments: #1 Proposed Order)(Akbari, A) |
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Filing 18
ORDER GRANTING APPLICATION of Non-Resident Attorney Michael S. Miska to Appear Pro Hac Vice on behalf of Plaintiff Gregory Torres and designating Ilyas A. Akbari as local counsel #13 by Judge R. Gary Klausner (lc)
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| Filing 17 APPLICATION of Non-Resident Attorney Tracy H. Fowler to Appear Pro Hac Vice on behalf of Defendants AVCO Corporation, Lycoming Engines (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24319427) filed by defendants AVCO Corporation, Lycoming Engines. (Attachments: #1 Proposed Order) (Mooradian, Alina) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related), #14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice. Note: Wrong event does not provide relief or changes sought.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lt) |
| Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael S. Miska to Appear Pro Hac Vice on behalf of Plaintiff Gregory Torres (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24293488) #13 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 14 Amendment to APPLICATION of Non-Resident Attorney Michael S. Miska to Appear Pro Hac Vice on behalf of Plaintiff Gregory Torres (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24293488) #13 (includes New Jersey Supreme Court Certificate of Good Standing) filed by Plaintiff Gregory Torres. (Attachments: #1 Proposed Order Pro Hac Vice Admission of Michael S. Miska)(Akbari, A) |
| Filing 13 APPLICATION of Non-Resident Attorney Michael S. Miska to Appear Pro Hac Vice on behalf of Plaintiff Gregory Torres (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24293488) filed by plaintiffs Gregory Torres. (Attachments: #1 Proposed Order) (Akbari, A) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for November 18, 2019 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Rule 26 Meeting Report due by 11/8/2019. (sw)
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| Filing 11 NOTICE Motion to Dismiss for Lack of Personal Jurisdiction [DKT 10] filed by defendants AVCO Corporation, Lycoming Engines. (Mooradian, Alina) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by defendants AVCO Corporation, Lycoming Engines. Motion set for hearing on 9/16/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Alina Mooradian in support, #2 Exhibit 1 (2017 0512 CA Complaint), #3 Exhibit 2 (2017 1221 Minute Order Denying Avco Mtn to Dismiss without prejudice), #4 Exhibit 3 (2017 0830 Affidavit of Marian Folk), #5 Exhibit 4 (2019 0227 Depo Transcript for Rule 30(b)(6) Depo of Honeywell Inc.), #6 Exhibit 5 (2019 0326 Depo Transcript for Marian Folk), #7 Exhibit 6 (2019 0322 Depo Transcript for Richard Fleck), #8 Exhibit 7 (2019 0619 Minute Order Granting Avco Mtn to Dismiss), #9 Declaration of Brian K. Hudson in support, #10 Proposed Order) (Mooradian, Alina) |
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Alexander F. MacKinnon. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Alexander F. MacKinnon to Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-06980 RGK(KSx). (rn)
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Filing 8
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 7 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. 2 Civil Cover Sheet 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) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael S. Miska. 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) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants AVCO Corporation, Approved Turbo Components, Inc., Camarillo Aircraft Service, Does 1-100, Fine Line Designs, Fly in Vacations, Garrett by Honeywell, Honeywell Aerospace, Honeywell Engine Control Systems, Honeywell Engines and Systems, Inc., Honeywell International, Inc., Honeywell Turbo Technologies, Honeywell, Inc., Lycoming Engines, Turbo 2000 Corporation. Jury Demanded, filed by Plaintiffs Gregory Torres, Melinda C. Green, Samantha Walker Perry. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 5/12/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 3-1 #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Gregory Torres, Melinda C. Green, Samantha Walker Perry, upon Defendant Approved Turbo Components, Inc. served on 7/16/2019, answer due 8/6/2019. Service of the Summons and Complaint were executed upon Mary Whittall, Agent for Service 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 7/18/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 3-17) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Gregory Torres, Melinda C. Green, Samantha Walker Perry, upon Defendant AVCO Corporation served on 7/26/2019, answer due 8/16/2019. Service of the Summons and Complaint were executed upon Zakiya Ray, Authorized Agent for Service 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 7/30/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 3-18) (lh) |
| Filing 3 EXHIBIT Filed filed by Defendants AVCO Corporation, Lycoming Engines. as to Notice of Removal (Attorney Civil Case Opening), #1 . (Attachments: #1 Exhibit A (2018 0512 CA Complaint), #2 Exhibit B-1 (2017 0512 Compl), #3 Exhibit B-2 (2017 0512 Summs_Compl_Honeywell), #4 Exhibit B-3 (2018 0914 ExP App Stay Proceed Pend Res of Parallel AZ Action), #5 Exhibit B-4 (2018 0921 ExP O Stay Proceed Pend Res of Parallel AZ Action), #6 Exhibit B-5 (2018 0921 MO re ExP App), #7 Exhibit B-6 (2019 0321 MO re Hrg), #8 Exhibit B-7 (2019 0321 Status Rprt), #9 Exhibit B-8 (2019 0628 ExP App_Lift Stay of Proceed_Dismiss Parallel AZ Action), #10 Exhibit B-9 (2019 0628 MO re Hrg on ExP App), #11 Exhibit B-10 (2019 0711 ExP App_Lift Stay of Proceed_Deem Case Complicated), #12 Exhibit B-11 (2019 0711 MO Grant in Part to Lift Stay), #13 Exhibit B-12 (2019 0711 MO Trans PI Case _Indpndnt Calendar Crt), #14 Exhibit B-13 (2019 0711 MO Trans PI Case _Indpndnt Calendar Crt_COS), #15 Exhibit B-14 (2019 0711 O Trans PI Case _Indpndnt Calendar Crt), #16 Exhibit B-15 (2019 0716 N Case Manage Conf 2019 0820), #17 Exhibit B-16 (2019 0716 POS_Summs_Approved Turbo), #18 Exhibit B-17 (2019 0726 POS_Summs_AVCO), #19 Exhibit B-18 (2019 0729 MO re Peremptory Challenge), #20 Exhibit B-19 (2019 0729 MO re Peremptory Challenge_COS))(Mooradian, Alina) |
| Filing 2 CERTIFICATE of Interested Parties filed by defendants AVCO Corporation, Lycoming Engines, identifying Avco Corporation. (Mooradian, Alina) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC661236 Receipt No: 0973-24244572 - Fee: $400, filed by defendants AVCO Corporation, Lycoming Engines. (Attachments: #1 Declaration of Mooradian in support, #2 Civil Cover Sheet) (Attorney Alina E Mooradian added to party AVCO Corporation(pty:dft), Attorney Alina E Mooradian added to party Lycoming Engines(pty:dft))(Mooradian, Alina) |
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