Montia Sabbag v. Kevin Hart et al
| Montia Sabbag |
| DOES 1 THROUGH 50, Inclusive, Kevin Hart, The Cosmopolitan of Las Vegas, Marriott International Inc, The Blackstone Group Inc, Jonathan Todd Jackson, Fameolous Ent LLC, Ashley M Germon, Marriott International, Inc, Fameoulous Ent, LLC, The Blackstone Group, Inc, Ashley M. Germon and Nevada Property 1 LLC |
| 2:2019cv07999 |
| September 16, 2019 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Percy Anderson |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 105 JUDGMENT by Judge Percy Anderson, Related to: Stipulation to Dismiss Party #104 . Pursuant to the Court's April 17, 2020 Order dismissing this action for lack of subject matter jurisdiction, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed without prejudice. (MD JS-6, Case Terminated). (mrgo) |
| Filing 104 Joint STIPULATION to Dismiss Defendant Nevada Property 1 LLC filed by Defendant Nevada Property 1 LLC.(Burgess, Alexandra) |
Filing 103
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court intends to issue a judgment dismissing this action without prejudice no later than May 1, 2020, in order to provide Plaintiff an opportunity to re-file her claims in state court before then. See Diaz v. Carlson, 5 F. Supp. 2d 809, 815 (C.D. Cal. 1997) ("Under California's doctrine of equitable tolling, the statute of limitations may be tolled while a plaintiff pursues remedies available in another forum" if certain factors are met); Addison v. State, 21 Cal. 3d 313, 319 (1978) (applying doctrine of equitable tolling when a plaintiff first pursued their claim in federal court and then re-filed instate court after federal court declined to assert jurisdiction over the claim). Because the Court concludes that it lacks subject matter jurisdiction over this action, the Court vacates the defaults entered against defendants Jonathan Todd Jackson and Ashley M. Germon. (SEE DOCUMENT FOR FULL DETAILS) (mrgo)
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| Filing 102 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ashley M. Germon an individual. (mrgo) |
| Filing 101 REQUEST for Clerk to Enter Default against defendant Ashley M. Germon filed by plaintiff Montia Sabbag. (Attachments: #1 Declaration Andrew Williams, Esq.) (Williams, Andrew) |
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Filing 100
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Notice of Settlement #97 . The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action, as to Nevada Property 1 LLC, or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
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Filing 99
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 4/20/2020.) (mrgo)
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| Filing 98 RESPONSE filed by Plaintiff Montia Sabbagto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #94 (Attachments: #1 Declaration Montia Sabbag, Plaintiff)(Williams, Andrew) |
| Filing 97 NOTICE of Settlement (Joint) filed by Defendant Nevada Property 1 LLC. (Burgess, Alexandra) |
| Filing 96 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Fameoulous Ent, LLC served on 3/24/2020, answer due 4/14/2020. Service of the Summons and Complaint were executed upon Fameolous Ent, LLC in compliance with Federal Rules of Civil Procedure by substituted service by mail and no service by mail was executed.Original Summons NOT returned. (Williams, Andrew) |
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Filing 95
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has reviewed the allegations of the Third Amended Complaint ("TAC") and the parties' briefing regarding whether this Court has personal jurisdiction over defendant Nevada Property1 LLC. In doing so, the Court has determined that further inquiry is necessary to determine the appropriate venue for this case. Accordingly, the Court orders the parties to show cause in writing why this action should not be transferred to the United States District Court for the District of Nevada ("District of Nevada") for the convenience of the parties and in the interest of justice. See 28 U.S.C. 1404, 1406. All factual matters relied upon in the parties' submissions must be supported by appropriate declarations and admissible evidence. To assist the Court in determining whether transfer is appropriate and in the interest of justice, the parties are directed to address the following, in addition to sharing their positions as to which forum is more convenient for the parties and witnesses: (see document for details). The parties' briefs shall be filed no later than April 9, 2020, and shall be limited to no more than15 pages. Failure to timely or adequately respond to this Order may result in the transfer of this action. (mrgo)
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Filing 94
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has determined that further inquiry into Plaintiff's citizenship is warranted based on the allegations in her Third Amended Complaint and recent Opposition briefing. Plaintiff is hereby ordered to submit information to the Court concerning her citizenship, in the form of a declaration under penalty of perjury, which is due no later than April 9, 2020. The declaration should contain Plaintiff's answers to the following questions: (see document for list). (mrgo)
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Filing 93
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #71 MOTION to Dismiss; #72 MOTION to Dismiss. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The Court hereby takes these matters under submission. There will be no further briefing or submissions unless otherwise ordered by the Court. (mrgo)
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| Filing 92 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart #72 filed by Defendant Kevin Hart. (Knox, Stacey) |
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Filing 91
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Dismiss Plaintiff's Complaint #71 ; and MOTION to Dismiss Defendant Kevin Hart #72 both currently set for hearing on March 30, 2020, are hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 90 NOTICE of Interested Parties (L.R. 7.1-1) filed by Defendant Nevada Property 1 LLC. (Burgess, Alexandra) |
| Filing 89 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #71 filed by Defendant Nevada Property 1 LLC. (Attachments: #1 Declaration of Ken Hoff in Support of Nevada Property 1 LLC, d/b/a The Cosmopolitan of Las Vegas' Motion to Dismiss Plaintiff's Third Amended Complaint)(Burgess, Alexandra) |
| Filing 88 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart #72 filed by Plaintiff Montia Sabbag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Declaration Andrew Williams, Esq., #18 Declaration Richard Meyer, #19 Declaration Osarumwense Ogbebor, #20 Declaration Aaron Bradley, #21 Proposed Order)(Williams, Andrew) |
| Filing 87 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #71 filed by Plaintiff Montia Sabbag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration Andrew Williams, Esq., #5 Proposed Order)(Williams, Andrew) |
| Filing 86 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart #72 filed by Defendant Kevin Hart. (Knox, Stacey) |
| Filing 85 NOTICE of Plaintiff's Failure to Timely Oppose Nevada Property 1 LLC, dba The Cosmopolitan of Las Vegas' Motion to Dismiss Plaintiff's Complaint filed by Defendant Nevada Property 1 LLC. (Burgess, Alexandra) |
| Filing 84 Summons Returned Unexecuted filed by plaintiff Montia Sabbag. as to Ashley M. Germon. (Williams, Andrew) |
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Filing 83
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court hereby orders Plaintiff to effectuate service on Defendant Fameoulous Ent, LLC via the Arizona Corporation Commission and file a Proof of Service with this Court no later than March 26,2020. Failure to comply with this Order will result, without further warning, in the dismissal of Defendant Fameoulous Ent, LLC from this action for failure to prosecute. (See document for details) (mrgo)
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| Filing 82 SCHEDULING NOTICE by Judge Percy Anderson: On the Court's own motion, the hearing on Defendant's MOTION to Dismiss Complaint #71 is continued to March 30, 2020 at 1:30 p.m., before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY |
| Filing 81 RESPONSE filed by Plaintiff Montia Sabbagto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #76 (Attachments: #1 Declaration Andrew Williams, Esq, #2 Exhibit A)(Williams, Andrew) |
| Filing 80 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Extension of Time to File response in opposition #77 by Clerk of Court. The document is stricken. The motion fails to comply with Local Rule 6.1. (mrgo) |
| Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Extension of Time to File response in opposition #77 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (mrgo) |
| Filing 77 [DOCUMENT STRICKEN PER DOC. NO. 80] NOTICE OF MOTION AND MOTION for Extension of Time to File response in opposition filed by plaintiff Montia Sabbag. Motion set for hearing on 3/23/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Andrew Williams, Esq, #2 Proposed Order) (Williams, Andrew) Modified on 3/6/2020 (mrgo). |
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Filing 78
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #63 MOTION for Extension of Time to File. For the foregoing reasons, the Court grants Plaintiff's Motion. The Court hereby orders the following: 1. Plaintiff shall mail copies of the summons, Third Amended Complaint, and this Order to Defendant at the address 1830 E. Broadway Blvd, Suite 124-250, Tucson, Arizona 85719; 2. Plaintiff shall mail copies of the summons, Third Amended Complaint, and this Order to Defendant's last known business and/or residential addresses in Arizona and Nevada; and 3. Plaintiff shall file a Proof of Service for Defendant no later than March 13, 2020. (See document for details) (mrgo)
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Filing 75
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION for Extension of Time to Serve Defendant Ashley M. Germon #63 currently set for hearing on March 2, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 76
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 3/9/2020.) (mrgo)
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| Filing 74 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart #72 (Attachments: #1 Proposed Order)(Knox, Stacey) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart #72 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order should be submitted as a separate attachment to the Motion or to a Notice of Lodging. 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. (mrgo) |
| Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Defendant Kevin Hart filed by Defendant Kevin Hart. Motion set for hearing on 3/30/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Donte O. Mills, #2 Declaration of Raymond Dudgeon) (Knox, Stacey) |
| Filing 71 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant Nevada Property 1 LLC. Motion set for hearing on 3/23/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stephanie Brown, #3 Declaration of Miles Cooley, #4 Declaration of Alexis Burgess, #5 Proposed Order) (Cooley, Miles) |
| Filing 70 REQUEST FOR JUDICIAL NOTICE in Support of Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas' Motion to Dismiss Plaintiff's Complaint filed by Defendant Nevada Property 1 LLC. (Attorney Miles Cooley added to party Nevada Property 1 LLC(pty:dft))(Cooley, Miles) |
| Filing 69 NOTICE of Errata filed by Defendant Nevada Property 1 LLC. (Cooley, Miles) |
| Filing 68 NOTICE of Manual Filing filed by Defendants Marriott International, Inc, The Blackstone Group, Inc, The Cosmopolitan of Las Vegas of Notice of Manual Filing or Lodging of Exhibits A and B to Nevada Property 1 LLC, d/b/a The Cosmopolitan of Las Vegas' Request for Judicial Notice in Support of its Motion to Dismiss. (Cooley, Miles) |
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Filing 67
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Order to Show Cause #61 . On February 10, 2020, Plaintiff filed a Response to the Court's Order to Show Cause stating that Plaintiff personally served Defendant on January 2, 2020 at his residence. (Dkt. 66.) Accordingly, the Court hereby discharges its January 31st Order to Show Cause. (mrgo)
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| Filing 66 RESPONSE filed by Plaintiff Montia Sabbagto Order to Show Cause #61 (Attachments: #1 Declaration Andrew Williams, Esq)(Williams, Andrew) |
| Filing 65 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jonathan Todd Jackson. (et) |
| Filing 64 REQUEST for Clerk to Enter Default against defendant Jonathan Todd Jackson filed by plaintiff Montia Sabbag. (Attachments: #1 Exhibit Declaration of Andrew Williams, Esq, #2 Exhibit Declaration of Aaron Bradley) (Williams, Andrew) |
| Filing 63 Amended NOTICE OF MOTION AND MOTION for Extension of Time to File to serve Defendant Ashley M. Germon filed by plaintiff Montia Sabbag. Motion set for hearing on 3/2/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order) (Williams, Andrew) |
| Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Extension of Time to File to serve Defendant Ashley M. Germon #59 by Clerk of Court. The document is stricken and counsel is ordered to file an amended document, with the required proposed order. (mrgo) |
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Filing 61
MINUTES ORDERS- Order to Show Cause re Dismissal for Lack of Prosecution by Judge Percy Anderson. Response to Order to Show Cause due by 2/10/2020. (et)
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| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Extension of Time to File to serve Defendant Ashley M. Germon #59 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order should be submitted as a separate attachment to the Motion or to a Notice of Lodging.. 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. (mrgo) |
| Filing 59 [DOCUMENT STRICKEN PER DOC. NO. 62] NOTICE OF MOTION AND MOTION for Extension of Time to File to serve Defendant Ashley M. Germon filed by plaintiff Montia Sabbag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Williams, Andrew) Modified on 2/3/2020 (mrgo). |
| Filing 58 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Service of the Summons and Complaint were executed upon defendant KEVIN HART in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. Supplemental Proof of Service (Williams, Andrew) |
| Filing 57 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Kevin Hart served on 1/29/2020, answer due 2/19/2020. Service of the Summons and Complaint were executed upon defendant KEVIN HART in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Williams, Andrew) |
| Filing 56 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Fameoulous Ent, LLC served on 1/30/2020, answer due 2/20/2020. Service of the Summons and Complaint were executed upon defendant Fameolous Ent, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Williams, Andrew) |
| Filing 55 21 DAY Summons Issued re Third Amended Complaint/Petition #45 as to defendant Fameoulous Ent, LLC. (mrgo) |
| Filing 54 Request for Clerk to Issue Summons on Amended Complaint/Petition #45 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 53 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Nevada Property 1 LLC served on 1/29/2020, answer due 2/19/2020. Service of the Summons and Complaint were executed upon Nevada Property 1, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Williams, Andrew) |
| Filing 52 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Jonathan Todd Jackson served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon Jonathan Todd Jackson in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Williams, Andrew) |
| Filing 51 21 DAY Summons Issued re Third Amended Complaint/Petition #45 as to defendant Kevin Hart. (mrgo) |
| Filing 50 21 DAY Summons Issued re Third Amended Complaint/Petition #45 as to defendant Jonathan Todd Jackson. (mrgo) |
| Filing 49 21 DAY Summons Issued re Third Amended Complaint/Petition #45 as to defendant Nevada Property 1 LLC. (mrgo) |
| Filing 48 Request for Clerk to Issue Summons on Amended Complaint/Petition #45 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 47 Request for Clerk to Issue Summons on Amended Complaint/Petition #45 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 46 Request for Clerk to Issue Summons on Amended Complaint/Petition #45 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 45 THIRD AMENDED COMPLAINT against Defendants Does, Fameoulous Ent, LLC, Ashley M. Germon, Kevin Hart, Jonathan Todd Jackson amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Montia Sabbag(Williams, Andrew) |
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Filing 44
MINUTES: IN CHAMBERS-COURT ORDER by Judge Percy Anderson:The Court orders Plaintiff to file her Third Amended Complaint no later than December 17, 2019. In addition, the Court hereby extends the ninety-day deadline by which Plaintiff must serve defendants. See Fed. R. Civ. P. 4(m). Plaintiff must serve her Third Amended Complaint to all defendants no later than January 30, 2020. IT IS SO ORDERED. (SEE MINUTES FOR FURTHER DETAILS) (yl)
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| Filing 43 RESPONSE filed by Defendant Kevin Hartto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #41 , Response in Support of Motion #42 (Knox, Stacey) |
| Filing 42 RESPONSE IN SUPPORT filed by Plaintiff Montia Sabbag. (Attachments: #1 Exhibit A, #2 Declaration - Andrew Williams)(Williams, Andrew) |
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Filing 41
MINUTES(IN CHAMBERS)- COURT ORDER by Judge Percy Anderson: The Court hereby orders Plaintiff to show cause in writing why this action should not be dismissed for failing to properly allege diversity jurisdiction. Plaintiffs response shall be filed with the Court no later than December 9, 2019. This is the second time the Court has determined that Plaintiffs citizenship allegations for this defendant are insufficient, and there is a limit to the number of chances Plaintiff will have to properly allege subject matter jurisdiction. The failure to respond to this Order may, without further warning, result in the dismissal of this action without prejudice. IT IS SO ORDERED. (See minutes for further details) (yl)
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| Filing 40 SECOND AMENDED COMPLAINT against Defendants Does, Fameoulous Ent, LLC, Ashley M. Germon, Kevin Hart, Jonathan Todd Jackson, The Cosmopolitan of Las Vegas amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Montia Sabbag(Williams, Andrew) |
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Filing 39
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: denying #36 MOTION for Extension of Time to File. In the interest of judicial efficiency, however, the Court will extend Plaintiff's deadline to file a SAC until November 20, 2019. The Court again warns Plaintiff that the failure to file a SAC by November 20, 2019 or to adequately allege the Court's jurisdiction may, without further warning, result in the dismissal of this action without prejudice. (mrgo)
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| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Extension of Time to File Second Amended Complaint #36 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A separate proposed order shall be attached to the Motion/Application or to a Notice of Lodging. 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. (mrgo) |
| Filing 37 OPPOSITION and REQUEST TO STRIKE re: NOTICE OF MOTION AND MOTION for Extension of Time to File Second Amended Complaint #36 filed by Defendant Kevin Hart. (Attachments: #1 Declaration of Donte O. Mills)(Knox, Stacey) |
| Filing 36 NOTICE OF MOTION AND MOTION for Extension of Time to File Second Amended Complaint filed by plaintiff Montia Sabbag. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit Exhibit A, #2 Declaration Exhibit B) (Williams, Andrew) |
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Filing 35
ORDER by Judge Percy Anderson: granting #34 Non-Resident Attorney Donte O. Mills APPLICATION to Appear Pro Hac Vice on behalf of defendant Kevin Hart, designating Stacey N. Knox as local counsel. (mrgo)
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| Filing 34 Amended APPLICATION of Non-Resident Attorney Donte O. Mills to Appear Pro Hac Vice on behalf of Defendant Kevin Hart (Pro Hac Vice Fee - $400 Previously Paid on 10/25/2019, Receipt No. 0973-24676254) filed by Defendant Kevin Hart. (Attachments: #1 Proposed Order) (Knox, Stacey) |
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Filing 33
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Accordingly, the Court dismisses Plaintiff's First Amended Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. Therefore, the Court grants Plaintiff leave to amend to establish federal subject matter jurisdiction. Plaintiff's Second Amended Complaint, if any, is to be filed by November 8, 2019. (mrgo)
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| Filing 32 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Donte O. Mills to Appear Pro Hac Vice on behalf of Defendant Kevin Hart (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24676254) #26 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
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Filing 31
ORDER by Judge Percy Anderson: granting #26 Non-Resident Attorney Donte O. Mills APPLICATION to Appear Pro Hac Vice on behalf of defendant Kevin Hart, designating Stacey N. Knox as local counsel. (mrgo)
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| Filing 30 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant The Blackstone Group, Inc served on 10/17/2019, answer due 11/7/2019. Service of the Summons and Complaint were executed upon Agent - Corp. Trust Company (Kamesha James) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Williams, Andrew) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant The Cosmopolitan of Las Vegas served on 10/17/2019, answer due 11/7/2019. Service of the Summons and Complaint were executed upon Agent - Corp. Trust Company (Kamesha James) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Williams, Andrew) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Marriott International, Inc served on 10/17/2019, answer due 11/7/2019. Service of the Summons and Complaint were executed upon Agent - Corp. Trust Company (Kamesha James) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Williams, Andrew) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Stacey N Knox counsel for Defendant Kevin Hart. Adding Donte O. Mills as counsel of record for Kevin Hart for the reason indicated in the G-123 Notice. Filed by Defendant Kevin Hart. (Knox, Stacey) |
| Filing 26 APPLICATION of Non-Resident Attorney Donte O. Mills to Appear Pro Hac Vice on behalf of Defendant Kevin Hart (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24676254) filed by Defendant Kevin Hart. (Attachments: #1 Proposed Order) (Knox, Stacey) |
| Filing 25 STIPULATION Extending Time to Answer the complaint as to Kevin Hart answer now due 11/25/2019, re Amended Complaint/Petition #8 filed by Defendant Kevin Hart.(Attorney Stacey N Knox added to party Kevin Hart(pty:dft))(Knox, Stacey) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Kevin Hart served on 10/4/2019, answer due 10/25/2019. Service of the Summons and Complaint were executed upon Kevin Hart, defendant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Williams, Andrew) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Montia Sabbag, upon Defendant Jonathan Todd Jackson served on 10/4/2019, answer due 10/25/2019. Service of the Summons and Complaint were executed upon Jonathan Todd Jackson, defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Williams, Andrew) |
| Filing 22 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant The Cosmopolitan of Las Vegas. (lom) |
| Filing 21 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant Kevin Hart. (lom) |
| Filing 20 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant Jonathan Todd Jackson. (lom) |
| Filing 19 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant The Blackstone Group, Inc. (lom) |
| Filing 18 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant Marriott International, Inc. (lom) |
| Filing 17 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant Fameoulous Ent, LLC. (lom) |
| Filing 16 21 DAY Summons Issued re First Amended Complaint #8 as to Defendant Ashley M. Germon. (lom) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 8 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Montia Sabbag(Williams, Andrew) |
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Filing 7
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Because the Complaint alleges the citizenship of Defendant Fameoulous Ent, LLC as if it were a corporation, rather than a limited liability company, the Complaint has not properly alleged the citizenship of that party. "Absent unusual circumstances, a party seeking to invoke diversity jurisdiction should be able to allege affirmatively the actual citizenship of the relevant parties." Kanter, 265 F.3d at 857. As a result, Plaintiff's allegations are not sufficient to invoke this Court's diversity jurisdiction. Accordingly, the Court dismisses Plaintiff's Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. See 28 U.S.C. 1653; Trentacosta v. Frontier Pacific Aircraft Industries, Inc., 813 F.2d 1553, 1555 (9th Cir. 1987). Therefore, the Court grants Plaintiff leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiff'sFirst Amended Complaint, if any, is to be filed by September 30, 2019. (See document for details) (mrgo)
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Filing 6
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Montia Sabbag, (Williams, Andrew) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Montia Sabbag. (Williams, Andrew) |
| Filing 1 COMPLAINT Receipt No: 0973-24441655 - Fee: $400, filed by plaintiff Montia Sabbag. (Attorney Andrew Williams added to party Montia Sabbag(pty:pla))(Williams, Andrew) |
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