Ryan Tetuan v. Subaru of America, Inc. et al
| Ryan Tetuan |
| Subaru of America, Inc., Does 1 through 60, inclusive and Subaru Pacific |
| 2:2019cv10160 |
| November 27, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 22 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. (mrgo) |
Filing 21
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For the reasons stated above, this Court determines Subaru of America has failed to establish that complete diversity exists among Plaintiff and all of the defendants. See 28 U.S.C. 1447(c). Thus, this Court does not have jurisdiction over this action. Accordingly, the Court remands this action back to the Superior Court of the State of California for the County of Los Angeles, Central District, Case No. 19STCV17978 for lack of subject matter jurisdiction. In addition, Plaintiff's Request to Cross-Examine Declarant Danielle N. Duarte (Dkt. No. 18) is denied as moot. Plaintiff's request for attorney fees and sanctions is denied. (See document for details). Case Terminated. Made JS-6. (mrgo)
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Filing 20
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Remand #14 currently set for hearing on January 27, 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 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 Days, filed by Plaintiff Ryan Tetuan.. (Goldsmith, David) |
| Filing 18 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #14 Notice of Request to Cross-Examine Declarant filed by Plaintiff Ryan Tetuan. (Goldsmith, David) |
| Filing 17 Objections to Evidence Cited by Defendant in Opposition to Motion to Remand In Support re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #14 filed by Plaintiff Ryan Tetuan. (Goldsmith, David) |
| Filing 16 REPLY Reply in Support of Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #14 filed by Plaintiff Ryan Tetuan. (Goldsmith, David) |
| Filing 15 to Plaintiff's Motion for Remand Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #14 filed by Defendant Subaru of America, Inc.. (Duarte, Danielle) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court filed by Plaintiff Ryan Tetuan. Motion set for hearing on 1/27/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Declaration of David A. Goldsmith, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3) (Goldsmith, David) |
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Filing 13
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: granting in part and denying in part #12 EX PARTE APPLICATION for Order. The Court grants in part and denies in part Plaintiff's Ex Parte Application. Specifically, the Court orders the exhibits to the Notice of Removal containing the personal information to be filed under seal. The Court orders the clerk to seal Exhibits 4, 8, and 9 to the Notice of Removal (Docket No. 1 attachments 5, 9, and 10). The Court denies the alternative and additional relief sought by Plaintiff. Specifically, because Plaintiff's meet and confer efforts prior to the filing of the Ex Parte Application sought the striking of the Notice of Removal, rather than the sealing of the limited portions of the filing containing the personal information, the Court concludes that it will not award to Plaintiff the attorneys' fees he claims to have incurred in filing the Ex Parte Application as a sanction for Defendants' apparent violation of Local Rule 5.2-1. (mrgo)
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| Filing 12 EX PARTE APPLICATION for Order for Limiting Access or Striking Unredacted Documents filed by Plaintiff Ryan Tetuan. (Attachments: #1 Proposed Order Limiting Access or Striking Unredacted Documents) (Goldsmith, David) |
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Filing 11
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. (See order for further details) (yl)
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| Filing 10 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. Scheduling Conference set for 2/3/2020 at 10:30. (See document for further details) (yl) |
| Filing 9 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen L. Stevenson to Judge Percy Anderson for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Charles F. Eick. The case number will now reflect the initials of the transferee Judges 2:19-cv-10160 PA (Ex). (esa) |
| Filing 8 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Goldsmith, David) |
| Filing 7 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
| Filing 6 PROOF OF SERVICE filed by Defendant Subaru of America, Inc., re Jury Demand #4 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 served on December 4, 2019. (Duarte, Danielle) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen L. Stevenson. (Attachments: #1 CV-11C) (car) |
| NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 60, inclusive, Subaru Pacific, Subaru of America, Inc. amending Complaint - (Discovery) ; JURY DEMAND, filed by plaintiff Ryan Tetuan. Submitted with Attachment 3 to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, Subaru of America, Inc., filed by plaintiff Ryan Tetuan. Filed in state Court on 5/23/2019 Submitted with Attachment 2 to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF SECOND AMENDED COMPLAINT against Defendants Does 1 through 60, inclusive, Subaru Pacific, Subaru of America, Inc. amending Complaint - (Discovery), filed by plaintiff Ryan Tetuan. Submitted with Attachment 4 to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF REQUEST FOR DISMISSAL by plaintiff Ryan Tetuan pursuant to FRCP 41a(1) as to Subaru Pacific Without prejudice. Submitted with Attachment 6 to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Second Amended Complaint, filed by Defendant Subaru of America, Inc. Filed in state Court on 11/25/19 Submitted with Attachment 7 to Notice of Removal #1 .(car) |
| NON-CONFORMED COPY OF PROOF OF SERVICE OF PLAINTIFF'S FIRST AMENDED COMPLAINT Executed by Plaintiff Ryan Tetuan, upon Defendant Subaru of America, Inc. served on 6/21/2019, answer due 7/12/2019. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Submitted with Attachment 3 to Notice of Removal #1 (car) |
| Filing 4 DEMAND for Jury Trial filed by Defendant Subaru of America, Inc... (Duarte, Danielle) |
| Filing 3 Certification and Notice of Interested Parties filed by Defendant Subaru of America, Inc., identifying Subaru Corporation. (Duarte, Danielle) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Subaru of America, Inc.. (Duarte, Danielle) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV17978 Receipt No: 0973-24864149 - Fee: $400, filed by Defendant Subaru of America, Inc.. (Attachments: #1 Declaration Danielle N. Duarte, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Attorney Danielle Nicole Duarte added to party Subaru of America, Inc.(pty:dft))(Duarte, Danielle) |
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