Sandra Prager Balsamo v. Smart and Final Stores LLC et al
| Sandra Prager Balsamo |
| Smart and Final Stores LLC, Marti Buentiempo and Does 1 through 10, inclusive |
| 2:2020cv08884 |
| September 28, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Steve Kim |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2020. A more recent docket listing may be available from PACER.
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Filing 19
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO REMANDCASE TO SAN LUIS OBISPO SUPERIOR COURT #12 by Judge Michael W. Fitzgerald. The Motion is GRANTED. The Court REMANDS this action to the Superior Court of the State of California for the County of San Luis Obispo. Plaintiff's request for costs and fees is GRANTED. Defendants request for Rule 11 sanctions is DENIED. Because this Court lacks jurisdiction, nothing in this Order should be taken as a ruling or comment on the merits of the action, or as to whether a demurrer should be sustained or overruled in superior court. (see document for further details) (et)
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| Filing 18 MINUTES OF TELEPHONIC MOTION TO REMAND #12 held before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (lc) |
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Filing 17
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the MOTION TO REMAND set for November 23, 2020 will be held telephonically at 10:30 a.m. Counsel shall use the following conference call information: Number:(888) 278-0296; Access Code: 4787194. Counsel are ordered to remain available from 10:30 a.m. - 11:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 16 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo #12 filed by Plaintiff Sandra Prager Balsamo. (Balsamo, Dennis) |
| Filing 15 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo #12 filed by Defendants Marti Buentiempo, Smart and Final Stores LLC. (Attachments: #1 Declaration)(Grunvald, Hayley) |
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Filing 14
ORDER GRANTING SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #13 by Judge Michael W. Fitzgerald. The Court will address the deadline for Defendants to respond to Plaintiff's First Amended Complaint in its ruling on Plaintiff's Motion to Remand. (iv)
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| Filing 13 Joint STIPULATION for Extension of Time to File Response to First Amended Complaint as to Amended Complaint/Petition #10 filed by Defendants Marti Buentiempo, Smart and Final Stores LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Grunvald, Hayley) |
| Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo filed by Plaintiff Sandra Prager Balsamo. Motion set for hearing on 11/23/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum P&A to Motion to Remand, #2 Proposed Order Proposed Order) (Balsamo, Dennis) |
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-08873 MWF(SKx). Case transferred from Judge Andre Birotte Jr and Magistrate Judge Jean P. Rosenbluth to Judge Michael W. Fitzgerald and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-08884 MWF(SKx). Signed by Judge Michael W. Fitzgerald (rn)
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| Filing 10 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Sandra Prager Balsamo(Balsamo, Dennis) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to Marti Buentiempo answer now due 11/4/2020; Smart and Final Stores LLC answer now due 11/4/2020, re Complaint - (Discovery), filed by Defendant Marti Buentiempo; Smart and Final Stores LLC.(Grunvald, Hayley) |
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 7 Notice to Parties: ADA Disability Access Litigation. (cb) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Jean P. Rosenbluth. (ghap) |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-28336153 for $400 filing fee. (Grunvald, Hayley) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Marti Buentiempo, Does 1 through 10, inclusive, Smart and Final Stores LLC. Jury Demanded., filed by plaintiff Sandra Prager Balsamo. (FILED IN STATE COURT ON 7/29/2020 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Marti Buentiempo, Smart & Final Stores LLC. Related Case(s): 20-8873 (Grunvald, Hayley) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Marti Buentiempo, Smart & Final Stores LLC (Grunvald, Hayley) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Marti Buentiempo, Smart & Final Stores LLC. (Grunvald, Hayley) |
| Filing 1 NOTICE OF REMOVAL from San Luis Obispo Superior Court, case number 20CV-0400 with filing fee previously paid (pay.gov, filed by Defendant Marti Buentiempo, Smart & Final Stores LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Hayley Singer Grunvald added to party Marti Buentiempo(pty:dft), Attorney Hayley Singer Grunvald added to party Smart & Final Stores LLC(pty:dft))(Grunvald, Hayley) |
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