Amaya Felix v. Walmart Inc., et al
| Amaya Felix |
| Walmart Inc. and Does 1-25, Inclusive |
| 2:2020cv08085 |
| September 3, 2020 |
| US District Court for the Central District of California |
| John E McDermott |
| Stephen V Wilson |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 23
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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Filing 22
SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: NEW CASE STATUS CONFERENCE; and #16 MOTION for Leave to file First Amended Complaint filed by Plaintiff Amaya Felix - The conference and motion hearing previously scheduled for 10/26/2020 at 1:30 p.m. are vacated and off-calendar. A jury trial is set for 03/02/2021 at 9:00 a.m., with a pretrial conference on 02/22/2021 at 3:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 21
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION for Leave to file First Amended Complaint filed by Plaintiff #16 - The Court notes that Plaintiff failed to add the employee as a defendant until well after she learned of the employees identity. Moreover, other than the employees official title, Plaintiff alleges no facts whatsoever from which the Court could plausibly infer that she has a claim against the employee. Rather, Plaintiffs allegations regarding the employee are merely conclusory assertions that the employee was negligent. Such allegations are insufficient to state a claim and, accordingly, Plaintiffs motion for leave to amend and to remand is DENIED. See Cline v. Safeway Inc., 2018 WL 2216204, at *2 (W.D. Wash. May 15, 2018) (denying motion for leave to amend and remand in slip and fall case where plaintiff sought to add assistant store manager as defendant because plaintiff has not alleged any facts which plausibly state a claim against [the employee], and he has failed to explain the delay in naming her). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 to 7 days, filed by Defendant Walmart Inc... (D'Angelo, Bron) |
| Filing 19 REPLY NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #16 filed by Plaintiff Amaya Felix. (Briskin, Boris) |
| Filing 18 OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #16 and to Remand Action to State Court filed by Defendant Walmart Inc.. (Attachments: #1 Declaration of Brian P. Suba in Support of Defendant Walmart Inc.'s Opposition to Plaintiff's Motion for Leave to File First Amended Complaint and to Remand Action to State Court)(D'Angelo, Bron) |
| Filing 17 SCHEDULING NOTICE - The initial status conference previously scheduled for 11/23/2020 at 3:00 p.m. has been rescheduledto 10/26/2020 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 16 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Amaya Felix. Motion set for hearing on 10/26/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order [Proposed] Order For Plaintiff to File First Amended Complaint, #5 Proposed Order [Propsed] Order Granting Remand From Federal Court to State Court) (Attorney Boris Briskin added to party Amaya Felix(pty:pla)) (Briskin, Boris) |
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Filing 15
ORDER SETTING INITIAL STATUS CONFERENCE for 11/23/2020 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 14
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 13 NOTICE of Errata Regarding Court Documents 1 through 4 filed by Defendant Walmart Inc.. (Suba, Brian) |
| Filing 12 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other) #7 . The following error(s) was found: Other error(s) with document(s): Incorrect of Notice (other) selected in the e-filing of the Notice of Interested Parties. The correct event is located under Civil Events Other Filings Notices and by selecting Certificate/Notice of Interested Parties. (car) |
| Filing 11 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other) #3 , Proof of Service (subsequent documents) #4 , Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 . The following error(s) was found: Other error(s) with document(s): Notice of Removal, Civil Cover Sheet, Notice of Interested Parties, Certificate of Service were all e-filed with the incorrect Plaintiff. Attorney's law firm will be e-filing a Notice of Errata. (car) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge John E. McDermott. (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Walmart Inc. Filed in State Court on 5/29/2020 Submitted with Attachment 3 to Notice of Removal #5 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1-25, inclusive, Walmart Inc., filed by Plaintiff Amaya Felix. Filed in State Court on 4/16/2020 Submitted with Attachment 1 to Notice of Removal #5 (car) Modified on 9/8/2020 (car). |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Walmart Inc., re Notice (Other) #7 , Notice of Removal (Attorney Civil Case Opening),, #5 , Civil Cover Sheet (CV-71) #6 served on September 3, 2020. (Suba, Brian) |
| Filing 7 NOTICE of Interested Parties filed by Defendant Walmart Inc.. (Suba, Brian) |
| Filing 6 CIVIL COVER SHEET filed by Defendant Walmart Inc.. (Suba, Brian) |
| Filing 5 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV14611 with filing fee previously paid ($400 paid on 09/03/2020, receipt number 27926903), filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit Answer, #4 Exhibit Jury Demand, #5 Exhibit Plaintiff's Form Interrogatory Responses, #6 Exhibit Statement of Damages, #7 Exhibit California Secretary of State, #8 Exhibit Arkansas Secretary of State, #9 Declaration Declaration of Brian P. Suba, Esq., #10 Exhibit Notice of Lodgment of State Court File)(Suba, Brian) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendant Walmart Inc., re Notice (Other) #3 , Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 served on September 3, 2020. (Suba, Brian) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Walmart Inc.. (Suba, Brian) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Walmart Inc.. (Suba, Brian) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV14611 Receipt No: ACACDC-27926903 - Fee: $400, filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit Answer, #4 Exhibit Jury Demand, #5 Exhibit Plaintiff's Form Interrogatory Responses, #6 Exhibit Statement of Damages, #7 Exhibit California Secretary of State, #8 Exhibit Arkansas Secretary of State, #9 Declaration Declaration of Brian P. Suba, Esq., #10 Exhibit Notice of Lodgment of State Court File) (Attorney Brian Patola Suba added to party Walmart Inc.(pty:dft))(Suba, Brian) |
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