William Gerald Barnett et al v. FCA US LLC et al
| Diana T. Barnett, William G. Barnett and William Gerald Barnett, Sr. |
| FCA US LLC, Does 1 through 10, inclusive and H.W. Hunter, Inc. |
| 2:2020cv03180 |
| April 6, 2020 |
| US District Court for the Central District of California |
| Alka Sagar |
| Otis D Wright |
| Contract Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 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, No. 20STCV08077 (lc) |
Filing 25
ORDER REMANDING ACTION by Judge Otis D. Wright, II: After reviewing Plaintiffs Complaint, FCAs Notice of Removal, and the parties Responses to the Courts Order to Show Cause, the Court finds that it lacks subject matter jurisdiction and consequently REMANDS this action. Case Remanded to Los Angeles County Superior Court, Case number 20STCV08077. Case Terminated. Made JS-6 . (lc) Modified on 5/18/2020 (lc).
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| Filing 24 RESPONSE filed by Defendant FCA US LLC to Court's OSC Why This Action Should not be Remanded (Koo, Jennifer) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second Amended Complaint/Petition #21 . The following error(s) was/were found: Case number is incorrect or missing. Clarification of the above: Case number incomplete in that it is Missing official assigned Judge and Magistrate Initials, and in place thereof, filer has named the Judge and Magistrate underneath the case number. Other error(s) with document(s): Case number as assigned is : 2:20-cv-03180-ODW-AS. 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. (lc) |
| Filing 22 BRIEF filed by Plaintiff Diana T. Barnett, William Gerald Barnett, Sr. OSC Brief (Attachments: #1 Declaration, #2 Exhibit 1)(Dolin, Tionna) |
| Filing 21 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint,, filed by Plaintiffs William Gerald Barnett, Sr, Diana T. Barnett(Dolin, Tionna) |
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Filing 20
ORDER GRANTING STIPULATION TO FILE SECOND AMENDED COMPLAINT #19 by Judge Otis D. Wright, II: Plaintiffs shall have 10 days upon entry of this order to file and serve its Second Amended Complaint. Defendant FCA US, LLC and Defendant H.W. HUNTER INC. will have 30 days to file an Answer to Plaintiffs Second AmendedComplaint. (lc)
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| Filing 19 STIPULATION to Amend filed by Plaintiff Diana T. Barnett, William Gerald Barnett, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Dolin, Tionna) |
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Defendant FCA removed the matter based on alleged diversity jurisdiction. After reviewing the operative complaint and documents filed in connection with removal, it appears that Defendant H.W. Hunter, Inc. is not diverse from Plaintiffs, and thus that the Court lacks subject matter jurisdiction. Accordingly, the Court ORDERS the parties TO SHOW CAUSE in writing only, why this action should not be remanded for lack of subject matter jurisdiction Plaintiffs shall respond to this OSC no later than April 27, 2020. Defendants shall respond to this OSC no later than May 4, 2020. No hearing will be held. (lc)
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 6, 2020, Defendant removed this matter to this Court and filed with its removalall process, pleadings, and orders for the State Action in FCAs possession. (Notice of Removal 5, ECF No. 1.) On April 1, 2020, just before Defendant removed the matter, Plaintiffs filed a First Amended Complaint (FAC) with the Superior Court. The FAC was not included with the Notice of Removal. The Court hereby accepts Plaintiffs FAC, which is attached. (lc)
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| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT (FILED 4/1/2020 IN SUPERIOR COURT ON APRIL 1, 2020) against defendants FCA US LLC, H.W. Hunter, Inc., Does, amending Complaint - (Discovery), filed by plaintiffs William Gerald Barnett, Sr, Diana T. Barnett (SEE DOCUMENT AS ATTACHED TO 4/17/2020 MINUTES DOCKET NO.17)(lc) |
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Filing 16
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Amend/Correct #14 , for the following reasons: Read the instructions on the discrepancy on docket no. 15 and refile correctly! If you have a filed stamped copy of the FAC please send to the clerk by email. (lc)
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| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct #14 . The following error(s) was/were found: Although filer has refiled all documents to file a second amended complaint. Clerk has again reviewed the Notice of Removal documents and case docket. No conformed copy of any First Amended Complaint filed in state court, nor was one filed int the USDC case docket. 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. (lc) |
| Filing 14 (STRICKEN PER 4/16/2020 ORDER, DOCKET NO. 16) STIPULATION to Amend filed by plaintiff Diana T. Barnett, William Gerald Barnett, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Dolin, Tionna) Modified on 4/16/2020 (lc). |
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Filing 13
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Amend/Correct #11 , Stipulation to Amend/Correct #10 , for the following reasons: Read the instructions on the discrepancy on docket no. 12. (lc)
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct #11 , Stipulation to Amend/Correct #10 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Case number is incorrect or missing. Other error(s) with document(s): 1) Stipulation filed twice, no.10 with incorrect Judge and case number as 2:20-cv-02696-SVW-AS. However it was 2) Refiled with Correct case number as no. 11 on face page, but the exhibit case number is incomplete and should also read as : 2:20-cv-03180-ODW-AS. 3) Pdf of the amended complaint is ERRONEOUSLY ENTITLED SECOND amended complaint whereas stipulation seeks to file a First amended Complaint.4) Missing proposed order to permit the stipulation to amend.. 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. (lc) |
| Filing 11 (STRICKEN PER 4/13/20 ORDER, DOCKET NO. 13) STIPULATION to Amend filed by Plaintiff Diana T. Barnett, William Gerald Barnett, Sr. (Attachments: #1 Exhibit 1)(Dolin, Tionna) Modified on 4/16/2020 (lc). |
| Filing 10 (STRICKEN PER 4/13/20 ORDER, DOCKET NO. 13) STIPULATION to Amend filed by Plaintiff Diana T. Barnett, William Gerald Barnett, Sr. (Attachments: #1 Exhibit 1)(Dolin, Tionna) Modified on 4/16/2020 (lc). |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Esther Kim counsel for Plaintiffs Diana T. Barnett, William Gerald Barnett, Sr. Adding Esther Kim as counsel of record for William Gerald Barnett, Sr. and Diana T. Barnett for the reason indicated in the G-123 Notice. Filed by Plaintiffs William Gerald Barnett, Sr. and Diana T. Barnett. (Attorney Esther Kim added to party Diana T. Barnett(pty:pla), Attorney Esther Kim added to party William Gerald Barnett, Sr(pty:pla))(Kim, Esther) |
| Filing 8 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for July 13, 2020 at 1:30 p.m. See order for further requirements. (lom) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, FCA US LLC, H.W. Hunter, Inc. Jury Demanded., filed by plaintiffs William Gerald Barnett, Sr, Diana T. Barnett. (FILED IN STATE COURT ON 2/27/2020 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant FCA US LLC. (FILED IN STATE COURT ON 4/3/2020 SUBMITTED ATTACHED EXHIBIT K)(ghap) |
| Filing 4 PROOF OF SERVICE filed by Defendant FCA US LLC, re Civil Cover Sheet (CV-71) #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties, #2 Declarations of Richard Stuhlbarg and Jennifer Koo (Exhibits A-O) served on April 6, 2020. (Koo, Jennifer) |
| Filing 3 CIVIL COVER SHEET filed by Defendant FCA US LLC. (Koo, Jennifer) |
| Filing 2 Notice and CERTIFICATE of Interested Parties filed by Defendant FCA US LLC, identifying William Gerald Barnett Sr.; Diana T. Barnett; FCA US LLC; FCA North American Holdings, LLC; FCA Holdco B.V.; Fiat Chrysler Automobiles, N.V.; H.W. Hunter, Inc.. (Koo, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court - Central/Stanley Mosk, case number 20STCV08077 Receipt No: ACACDC-25981612 - Fee: $400, filed by Defendant FCA US LLC. (Attachments: #1 Declaration of Richard Stuhlbarg, #2 Declaration of Jennifer C. Koo; Exhibits A-O) (Attorney Jennifer Koo added to party FCA US LLC(pty:dft))(Koo, Jennifer) |
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