Leroy West v. Costco Wholesale Corporation, et al
| Leroy West |
| Costco Wholesale Corporation, Doe 1 Store Manager, Does 2-25, inclusive and Does 2-10, inclusive |
| 2:2020cv04265 |
| May 11, 2020 |
| US District Court for the Central District of California |
| Patricia Donahue |
| John A Kronstadt |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 Receipt of Letter of Transmittal - Remand to Superior Court. (jp) |
| Filing 31 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: 20STCV13051. (jp) |
| Filing 30 MINUTES OF PLAINTIFF'S MOTION TO REMAND ACTION TO STATE COURT (DKT. #13 ); AND PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO REMAND ACTION TO STATE COURT (DKT. #24 ) by Judge John A. Kronstadt: the Motion and Second Motion are GRANTED. The proposed First Amended Complaint (Dkt. 24-3), in which Lee is a named defendant, is deemed filed. Because there is no subject matter jurisdiction, this action is REMANDED to the Los Angeles Superior Court at its Spring Street Courthouse. (MD JS-6. Case Terminated.) (jp) |
Filing 29
(IN CHAMBERS) ORDER TAKING MOTION TO REMAND (DKT. #13 ) AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO REMAND (DKT. #24 ) UNDER SUBMISSION by Judge John A Kronstadt: Based on a review of the Motion to Remand (Dkt. #13 ) and the Motion for Leave to File First Amended Complaint and to Remand (Dkt. #24 ), a determination has been made that the motions can be decided without oral argument in accordance with Local Rule 7-15. Therefore, the motions are taken UNDER SUBMISSION, and the November 2, 2020 hearing that was previously set for the motions is taken off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 28 REPLY NOTICE OF MOTION AND MOTION to LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO REMAND ACTION TO STATE COURT #24 filed by Plaintiff Leroy West. (Briskin, Boris) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO REMAND ACTION TO STATE COURT #24 filed by Defendant Costco Wholesale Corporation. (Babataher, Joshua) |
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Filing 26
ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER TO SHORTEN TIME FOR THE HEARING DATE ON PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT AND REMAND ACTION TO STATE COURT TO 11/2/2020 (DKT. #25 ) by Judge John A. Kronstadt, the Application is GRANTED. The hearing on Plaintiffs Motion for Leave to File First Amended Complaint and Remand Action to State Court (the "Second Motion" (Dkt. #24 )) is set for 11/2/2020 at 8:30 AM. Defendant shall file any opposition to the Second Motion on or before 9/22/2020. With respect to whether the matter should be remanded to the Superior Court, Defendant's opposition to the Second Motion shall explain how it differs substantively, if at all, from Defendant's Opposition to Plaintiffs Motion to Remand (the "Opposition to the First Motion" (Dkt. #16 )). In imposing this requirement the Court recognizes that Plaintiff has now identified Russell Lee as the person Plaintiff contends was the store manager at the time of the alleged incident that underlies the Complaint, while in the prior briefing the manager was identified by title, but not by name. Plaintiff shall file any reply to Defendant's opposition on or before 10/2/2020. (jp)
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| Filing 25 EX PARTE APPLICATION to Shorten Time for Hearing on to 11/02/2020 filed by Plaintiff Leroy West. (Attachments: #1 Declaration DECLARATION OF NIKTA YAZDI, ESQ IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION, #2 Proposed Order [Proposed] Order Granting Plaintiff's Ex Parte Application for an order to shorten time for Plaintiff's motion for leave to amend the complaint and remand action to state court to November 2, 2020) (Briskin, Boris) |
| Filing 24 NOTICE OF MOTION AND MOTION to LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO REMAND ACTION TO STATE COURT filed by Plaintiff Leroy West. Motion set for hearing on 3/1/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Proposed Order [PROPOSED] ORDER GRANTING REMAND FROM FEDERAL COURT TO STATE COURT, #8 Proposed Order [PROPOSED] ORDER FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT) (Briskin, Boris) |
| Filing 23 JOINT REPORT of RE PRIVATE NEUTRAL filed by Defendant Costco Wholesale Corporation. (Babataher, Joshua) |
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Filing 22
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #10 ); AND ORDER DISMISSING DOE PARTIES 11-25 by Judge John A. Kronstadt: The Court has reviewed the parties' 7/9/2020 Joint Report and sets the following deadlines: Deadline to file joint report regarding agreed upon private neutral: 7/29/2020. Last day to amend or add parties: 9/28/2020. Last day to participate in a settlement conference/mediation: 12/11/2020. Last day to file notice of settlement/joint report re settlement: 12/16/2020. Post Mediation Status Conference: 12/21/2020 at 11:30 AM. Non-Expert Discovery Cut-Off: 1/12/2021. Initial Expert Disclosures: 1/26/2021. Rebuttal Expert Disclosures: 2/9/2021. Expert Discovery Cut-Off: 2/23/2021. Last day to file All Motions (including discovery motions): 2/23/2021. (See Civil Minutes for Further Specifics). (jp)
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Filing 21
ORDER/REFERRAL to ADR Procedure No. 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than December 11, 2020. Report due December 16, 2020. Post Mediation Status Conference set for December 21, 2020 at 11:30 AM before Judge John A. Kronstadt. (cw)
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| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5, filed by Plaintiff Leroy West.. (Attachments: #1 Exhibit Exhibit A)(Briskin, Boris) |
| Filing 19 MINUTES OF Telephonic Hearing re Defendant's Third-Party Subpoenas for Plaintiff's Medical and Other Records held before Magistrate Judge Patricia Donahue. The Court met and conferred with counsel and made rulings on the record, as follows: The letter dated June 10, 2020, from Plaintiff's counsel to Defendant's counsel (attached hereto as Exhibit 1) lists three categories of third-party subpoenas issued by Defendant for Plaintiff's records. The following rulings pertain to all of the subpoenas listed in Exhibit 1. The Court hereby orders that each of Defendant's subpoenas listed in Exhibit 1 is limited to the time period June 27, 2008, to and including the date of the subpoena. (see document for further details) Court Recorder: Court Smart 06/29/20. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (hr) |
| Filing 18 SCHEDULING NOTICE by Magistrate Judge Patricia Donahue - Telephone Conference Re Discovery is set for 6/29/2020 at 3:00 PM before Magistrate Judge Patricia Donahue. Call-in information will be emailed to the parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
| Filing 17 REPLY Plaintiff's Reply To Defendant Costco Corporation's Opposition To Plaintiff's Motion To Remand filed by Plaintiff Leroy West. (Briskin, Boris) |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendant Costco Wholesale Corporation. (Babataher, Joshua) |
| Filing 15 CERTIFICATE of Interested Parties filed by Leroy West Leroy West, identifying Costco Wholesale Corporation. (Briskin, Boris) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Leroy West #13 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel shall file the notice on or before 6/5/2020. Failure to file the notice may result in the document being stricken 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. (jp) |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Leroy West. Motion set for hearing on 11/2/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhbit B, #3 Proposed Order Proposed Order Granting) (Attorney Boris Briskin added to party Leroy West(pty:pla)) (Briskin, Boris) |
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Filing 12
ORDER STRIKING NOTICE (DKT. #11 ) by Judge John A. Kronstadt. The document is stricken for the following reason: (1) Incorrect event selected. Counsel must use the motion event: Applications/Ex Parte Applications/Motions/Petitions/Requests. Further, counsel is reminded to check the Court's closed motion dates when selecting a hearing date. (cw)
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| Filing 11 **STRICKEN** NOTICE Notice of motion and motion to remand action to state court filed by Plaintiff Leroy West. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order Granting)(Briskin, Boris) Modified on 5/27/2020 (cw). |
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Filing 10
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by July 10, 2020. (droj)
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Filing 9
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (droj)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Dale S. Fischer. Case transferred from Judge Dale S. Fischer to the calendar of Judge John A. Kronstadt for all further proceedings. Case number now reads as 2:20-cv-04265 JAK(PDx). (rn)
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Patricia A. Donahue. (car) |
| Filing 5 CERTIFICATE of Interested Parties filed by Defendant Costco Wholesale Corporation, (Babataher, Joshua) |
| Filing 4 NOTICE To Adverse Party filed by Defendant Costco Wholesale Corporation. (Babataher, Joshua) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Costco Wholesale Corporation. (Babataher, Joshua) |
| CONFORMED COPY OF COMPLAINT against Defendants Costco Wholesale Corporation, Doe 1 Store Manager, Does 1 to 25, filed by Plaintiff Leroy West. Filed in State Court on 4/3/2020 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF ANSWER to Complaint - (Discovery) with JURY DEMAND filed by Defendant Costco Wholesale Corporation. Submitted with Exhibit C to Notice of Removal #1 (car) |
| Filing 2 CERTIFICATE OF SERVICE filed by Defendant Costco Wholesale Corporation, served on May 11, 2020. (Babataher, Joshua) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV13051 Receipt No: ACACDC-26405708 - Fee: $400, filed by Defendant Costco Wholesale Corporation. (Attorney Joshua K Babataher added to party Costco Wholesale Corporation(pty:dft))(Babataher, Joshua) |
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