Demetrio Moises Rimando v.Xiamen Airlines Company, Ltd., et al
| Demetrio Moises Rimando |
| Xiamen Airlines Company, Ltd and Does 1 to 10 |
| 2:2020cv08087 |
| September 3, 2020 |
| US District Court for the Central District of California |
| Patricia Donahue |
| John A Kronstadt |
| Airplane |
| 28 U.S.C. § 1441 Notice of Removal - Airline Crash |
| None |
Docket Report
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| Filing 52 STIPULATION to Dismiss Case pursuant to Stipulation re Dismissal with Prejudice per Fed. Rule of Civil Procedure 41(a)(1) filed by Defendant Xiamen Airlines Company, Ltd.(Idemundia, Benedict) |
Filing 51
(IN CHAMBERS) TEXT-ONLY ORDER TAKING ORDER TO SHOW CAUSE RE DISMISSAL ("OSC") OFF CALENDAR by Judge John A. Kronstadt: Based on a review of the parties' Joint Report as to Status of Settlement (Dkt. #50 ), the OSC scheduled for May 9, 2022 is taken off calendar. No appearance by counsel is required.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ssa) TEXT ONLY ENTRY
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| Filing 50 REPORT of JOINT REPORT AS TO STATUS OF SETTLEMENT filed by Defendant Xiamen Airlines Company, Ltd. (Idemundia, Benedict) |
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Filing 49
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE HEARING by Judge John A. Kronstadt: Based on a review of the parties' Joint Report as to Status of Settlement (Dkt. #48 ), the hearing on the Order to Show Cause ("OSC" (Dkt. 45 )) scheduled for March 7, 2022, is continued to May 9, 2022. If by May 2, 2022, a request for, or notice of, dismissal is filed, the May 9, 2022 hearing will go off calendar. If no such filing is made, the parties shall file an updated Joint Report Regarding Status of Settlement by May 2, 2022. Based on the review of that Joint Report, a determination will be made as to whether the May 9, 2022 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ssa) TEXT ONLY ENTRY
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| Filing 48 STATUS REPORT Joint Report as to Status filed by Defendant Xiamen Airlines Company, Ltd. (Idemundia, Benedict) |
| Filing 47 STATUS REPORT filed by Defendant Xiamen Airlines Company, Ltd. (Idemundia, Benedict) |
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Filing 46
(IN CHAMBERS) ORDER RE ORDER TO SHOW CAUSE (DKT. 45 ) by Judge John A. Kronstadt: On January 20, 2022, an Order to Show Cause Re Dismissal ("OSC" (Dkt. 45 )) was set for March 7, 2022; provided, however, the OSC would be discharged and the hearing taken off calendar if the parties filed a request for dismissal on or before February 28, 2022. The parties have not filed such a request. However, in the interest of party and judicial efficiency, the parties are provided an extension of time to respond to the OSC. On or before noon on March 3, 2022, the parties shall file a request for dismissal or, if the parties have not finalized a settlement agreement, a joint report that states the status of settlement negotiations and the expected date by which they will be concluded.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ssa) TEXT ONLY ENTRY
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Filing 45
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE HEARING by Judge John A. Kronstadt: Based on a review of the Joint Report as to Status of Settlement (Dkt. #44 ), the hearing on the Order to Show Cause (Dkt. 42 ) set for January 24, 2022, is continued to March 7, 2022. On or before February 28, 2022, the parties shall file either a request for dismissal or an updated joint report as to the status of settlement. If a request for dismissal is filed on or before February 28, 2022, the Order to Show Cause will be discharged and the associated hearing taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mere) TEXT ONLY ENTRY
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| Filing 44 JOINT REPORT AS TO STATUS OF SETTLEMENT REPORT of JOINT REPORT AS TO STATUS OF SETTLEMENT filed by Defendant Xiamen Airlines Company, Ltd. (Idemundia, Benedict) |
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Filing 43
(IN CHAMBERS) ORDER RE ORDER TO SHOW CAUSE (DKT. 42 ) by Judge John A. Kronstadt: On December 14, 2021, an Order to Show Cause Re Dismissal ("OSC" Dkt. 42 ) was set for January 24, 2022; provided, however, the OSC would be discharged and the hearing taken off calendar if the parties filed a request for dismissal on or before January 18, 2022. The parties have not filed such a request. However, in the interest of party and judicial efficiency, the parties are provided an extension of time to respond to the OSC. On or before noon on January 20, 2022, the parties shall file a request for dismissal or, if the parties have not finalized a settlement agreement, a joint report that states the status of settlement negotiations and the expected date by which they will be concluded. Based on a review of the filing by the parties, a determination will be made as to whether the OSC will proceed on January 24, 2022.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ses) TEXT ONLY ENTRY
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Filing 42
(IN CHAMBERS) TEXT-ONLY ORDER TAKING POST MEDIATION STATUS CONFERENCE OFF CALENDAR (DKT. #33 ) AND SETTING ORDER TO SHOW CAUSE RE DISMISSAL by Judge John A. Kronstadt: Based on a review of the parties' Notice of Settlement (Dkt. #41 ), the December 20, 2021 Post-Mediation Status Conference is taken off calendar. No appearance by counsel is necessary. An Order to Show Cause Re Dismissal is set for January 24, 2022, provided, however, that if a request for dismissal is filed on or before January 18, 2022, the Order to Show Cause will be discharged and the associated hearing taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
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| Filing 41 NOTICE of Settlement filed by Defendant Xiamen Airlines Company, Ltd. (Idemundia, Benedict) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Benedict Ehigie Idemundia counsel for Plaintiff Demetrio Moises Rimando. Adding Benedict E. Idemundia as counsel of record for Xiamen Airlines Company, Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant Xiamen Airlines Company Ltd.. (Attorney Benedict Ehigie Idemundia added to party Demetrio Moises Rimando(pty:pla))(Idemundia, Benedict) |
| Filing 39 MINUTES OF Settlement Conference held before Magistrate Judge Patricia Donahue: The case is called and appearances are made. The parties did not reach a settlement of the case at this time. Court Reporter: Not Recorded. (es) |
| Filing 38 SCHEDULING NOTICE by Magistrate Judge Patricia Donahue - Settlement Conference set for 12/7/2021 at 10:00 AM before Magistrate Judge Patricia Donahue in Courtroom 580. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Brandon Keith Franklin counsel for Defendant Xiamen Airlines Company, Ltd. Brandon K. Franklin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Xiamen Airlines Company, Ltd.. (Franklin, Brandon) |
| Filing 36 NOTICE OF ERRATA filed by Defendant Xiamen Airlines Company, Ltd. correcting APPLICATION of Brandon K. Franklin to Withdraw as Attorney #35 (Franklin, Brandon) |
| Filing 35 APPLICATION of Brandon K. Franklin to Withdraw as Attorney filed by Defendant Xiamen Airlines Company, Ltd. (Franklin, Brandon) |
| Filing 34 MINUTES OF Pre-Settlement Conference held before Magistrate Judge Patricia Donahue: The case is called and counsel for Defendant appears. Counsel for Plaintiff not appear. The Settlement Conference scheduled for November 8, 2021 is vacated and removed from the calendar. The Settlement Conference is tentatively re-scheduled to 10:00am on December 6, 2021, December 7, 2021 or December 8, 2021, to be confirmed by counsel for Plaintiff. By no later than November 30, 2021, each party shall submit two statements via email to PD_Chambers@cacd.uscourts.gov. [See document for details.] Court Reporter: N/A. (et) |
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Filing 33
ORDER RE STIPULATION TO AMEND ORDER FOR JURY TRIAL DATED SEPTEMBER 7, 2021 BY CONTINUING TRIAL AND PRETRIAL DEADLINES (DKT. #32 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The deadlines set in the Court's 5/26/2021 Order Setting Pretrial Deadlines (Dkt. #22 ), which were amended by the 6/9/2021 Order (Dkt. #24 ) and the 9/7/2021 Order (Dkt. #28 ), are further modified as follows: Non-Expert Discovery Cut -off: 11/123/2021. Initial Expert: 11/26/2021. Last day to participate in a settlement conference/mediation: 12/9/2021. Last day to file notice of settlement/joint report re settlement: 12/16/2021. Post Mediation Status Conference: 12/20/2021. Rebuttal Expert Disclosures: 12/27/2021. Expert Discovery Cut-Off: 1/7/2022. Last day to file All Motions (including discovery motions): 1/14/2022. (jp)
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| Filing 32 Third STIPULATION to Amend Order for Jury Trial Dated September 7, 2021 by Continuing Trial and Pretrial Deadlines; Declaration of Philip R. Weissman in Support Thereof; and Proposed Order filed by Defendant Xiamen Airlines Company, Ltd. (Attachments: #1 Proposed Order Continuing Trial and Pretrial Deadlines)(Sutherland, Kevin) |
| Filing 31 SCHEDULING NOTICE by Magistrate Judge Patricia Donahue. Pre-Settlement Conference previously scheduled for 10/13/2021 10:00 AM has been rescheduled. Pre-Settlement Conference is now set for 11/1/2021 10:00 AM before Magistrate Judge Patricia Donahue. Court Clerk will send Zoom invitation.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
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Filing 30
MINUTE ORDER (IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Patricia Donahue: [See document for details.] (es)
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| Filing 29 MINUTES OF Second Pre-Settlement Conference (via Zoom) held before Magistrate Judge Patricia Donahue: The case is called and appearances are made. The Court and counsel confer. The next Pre-Settlement Conference is scheduled for October 13, 2021, at 10:00 a.m. via Zoom. The Settlement Conference is scheduled for November 8, 2021, at 9:00 a.m. Court Reporter: Not Recorded. (es) |
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Filing 28
ORDER RE STIPULATION TO EXTEND DEADLINES (DKT. #27 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The deadlines set in the Court's 5/26/2021 Order Setting Pretrial Deadlines (Dkt. 22) are modified as follows: Non-Expert Discovery Cut-off: 10/13/2021. Initial Expert: 10/27/2021. Last day to participate in a settlement conference/mediation: 11/9/2021. Last day to file notice of settlement/joint report re settlement: 11/16/2021. Post Mediation Status Conference: 11/22/2021. Rebuttal Expert Disclosures: 11/24/2021. Expert Discovery Cut-Off: 12/8/2021. Last day to file All Motions (including discovery motions): 12/15/2021. (jp)
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| Filing 27 Second STIPULATION to Amend Order for Jury Trial Dated October 22, 2019 by Continuing Trial and Pretrial Deadlines; Declaration of Philip R. Weissman in Support Thereof; and Proposed Order filed by Defendant Xiamen Airlines Company, Ltd.(Sutherland, Kevin) |
| Filing 26 MINUTES OF Pre-Settlement Conference (via Zoom) held before Magistrate Judge Patricia Donahue: The case is called and appearances are made. The Court and counsel confer. The next Pre-Settlement Conference is scheduled for September 7, 2021, at 10:00 a.m. via Zoom. The Settlement Conference is scheduled for October 5, 2021, at 10:00 a.m. Court Reporter: Not Recorded. (es) |
| Filing 25 SCHEDULING NOTICE by Magistrate Judge Patricia Donahue - Pre-Settlement Conference set for 7/15/2021 at 10:00 AM before Magistrate Judge Patricia Donahue. Zoom invitation will be emailed to counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
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Filing 24
ORDER RE STIPULATION TO EXTEND DEADLINES (DKT. #23 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The deadlines set in the Court's 5/26/2021 Order Setting Pretrial Deadlines (Dkt. #22 ) are modified as follows: Last day to amend or add parties: 6/14/2021. Non-Expert Discovery Cut-off: 9/14/2021. Initial Expert Disclosures: 9/28/2021. Last day to participate in a settlement conference/mediation: 10/11/2021. Last day to file notice of settlement/joint report re settlement: 10/18/2021. Post Mediation Status Conference: 11/1/2021. Rebuttal Expert Disclosures: 10/26/2021. Expert Discovery Cut-Off: 11/9/2021. Last day to file All Motions (including discovery motions): 11/16/2021. (jp)
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| Filing 23 Joint STIPULATION to Extend Discovery Cut-Off Date to 11/9/2021 filed by Defendant Xiamen Airlines Company, Ltd. (Attachments: #1 Proposed Order (Amended) Setting Pretrial Deadlines)(Franklin, Brandon) |
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Filing 22
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKTS. #8 , #14 ) by Judge John A. Kronstadt: The Court has reviewed Defendants November 20, 2020 Rule 16(b)/26(f) Report (Dkt. 8) and Plaintiff's 1/26/2021 Rule 16(b)/26(f) Report (Dkt. 14) and sets the following deadlines: Last day to amend or add parties: 6/14/2021. Deadline to contact Magistrate Judge Donahue's Courtroom Deputy (CRD) to schedule a date for the settlement conference: 6/7/2021. Last day to participate in a settlement conference/mediation: 8/11/2021. Last day to file notice of settlement/joint report re settlement: 8/18/2021. Post Mediation Status Conference: 8/30/2021 at 11:30 AM. Non-Expert Discovery Cut-Off: 7/16/2021. Initial Expert Disclosures: 7/30/2021. Rebuttal Expert Disclosures: 8/27/2021. Expert Discovery Cut-Off: 9/10/2021. Last day to file All Motions (including discovery motions): 9/17/2021. (See Civil Minutes for Further Specifics). (jp)
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Filing 21
ORDER/REFERRAL to ADR Procedure No 1 by Judge John A. Kronstadt. Case ordered to Magistrate Judge Patricia Donahue for Settlement Conference. ADR Proceeding to be held no later than August 11, 2021. Post Mediation Status Conference set for August 30, 2021 11:30 AM before Judge John A. Kronstadt. (tj)
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Filing 20
ORDER by Judge John A. Kronstadt granting #11 , #17 , #19 Non-Resident Attorney Andrew J Harakas APPLICATION to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd, designating Kevin R Sutherland as local counsel. (jp)
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| Filing 19 APPLICATION of Non-Resident Attorney Andrew J. Harakas, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500.00 Previously Paid on 1/14/2021, Receipt No. ACACDC-30025651) filed by Defendant Xiamen Airlines Company, Ltd. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Sutherland, Kevin) |
| Filing 18 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Andrew J. Harakas, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500.00 Previously Paid on 1/14/2021, Receipt No. ACACDC-30025651) #17 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 17 APPLICATION of Non-Resident Attorney Andrew J. Harakas, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500.00 Previously Paid on 1/14/2021, Receipt No. ACACDC-30025651) filed by Defendant Xiamen Airlines Company, Ltd. (Sutherland, Kevin) |
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Filing 16
ORDER by Judge John A. Kronstadt granting #10 , #15 Non-Resident Attorney Philip R Weissman APPLICATION to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd, designating Kevin R Sutherland as local counsel. (jp)
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| Filing 15 APPLICATION of Non-Resident Attorney Philip R. Weissman, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500.00 Previously Paid on 1/14/2021, Receipt No. ACACDC-30025461) filed by Defendant Xiamen Airlines Company, Ltd. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Sutherland, Kevin) |
| Filing 14 JOINT REPORT Rule 26(f) Discovery Plan Plaintiff's Joint Report ; estimated length of trial 3 days, filed by Plaintiff Demetrio Moises Rimando.. (Nordblom, John) |
| Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Andrew J. Harakas, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30025651) #11 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe) |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Philip R. Weissman, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30025461) #10 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe) |
| Filing 11 APPLICATION of Non-Resident Attorney Andrew J. Harakas, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30025651) filed by Defendant Xiamen Airlines Company, Ltd. (Sutherland, Kevin) |
| Filing 10 APPLICATION of Non-Resident Attorney Philip R. Weissman, Esq. to Appear Pro Hac Vice on behalf of Defendant Xiamen Airlines Company, Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30025461) filed by Defendant Xiamen Airlines Company, Ltd. (Sutherland, Kevin) |
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Filing 9
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge John A. Kronstadt: The Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 8 REPORT of Rule 16(B)/26(F) filed by Defendant Xiamen Airlines Company, Ltd. (Sutherland, Kevin) |
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Filing 7
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. Rule 26 Meeting Report due by 11/20/2020. (vv)
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Filing 6
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. (vv)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Patricia Donahue. (esa) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant Xiamen Airlines Company, Ltd. (filed in state court 6/26/20, submitted as document 1, attachment 1, p. 11)(esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Xiamen Airlines Company, Ltd., filed by plaintiff Demetrio Moises Rimando. (filed in state court 4/30/20, submitted as document 1, attachment 1, p. 2) (esa) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Xiamen Airlines Company, Ltd. (Sutherland, Kevin) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant Xiamen Airlines Company, Ltd, identifying Xiamen Airlines Company, Ltd., Demetrio Moises Rimando; China Southern Airlines Company Limited; Xiamen C&D Inc.; Fujian Investment & Development Group Company Limited; Hebei Airlines; Jianxi Airlines; China Southern Air Holding and Various insurance underwriters in the insurance market. (Sutherland, Kevin) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV16576 with filing fee previously paid ($400.00 paid on 09/03/2020, receipt number 27927902), filed by Defendant Xiamen Airlines Company, Ltd. (Attachments: #1 Exhibit Exhibits for Removal) (Attorney Kevin R Sutherland added to party Xiamen Airlines Company, Ltd(pty:dft))(Sutherland, Kevin) |
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