John James Altobelli et al v. Island Express Helicopters, Inc. et al
| John James Altobelli and A. A. |
| Does 1-50 |
| Island Express Holding Corp. and Island Express Helicopters, Inc. |
| United States of America |
| Kyle Larsen, Roes and Matthew Conley |
| 2:2020cv08954 |
| September 30, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Otis D Wright |
| Airplane |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 33 The hearing on the MOTION to dismiss #24 and MOTION TO REMAND CASE #26 , scheduled for November 23, 2020 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 32 REPLY NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #26 Plaintiffs' Reply Memorandum in Support of Motion to Remand filed by Plaintiffs A. A., John James Altobelli. (Boyle, Kevin) |
| Filing 31 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support #24 Plaintiffs' Reply in Joinder in Support of the United States of America's Motion to Dismiss Cross-Complaint filed by Plaintiffs A. A., John James Altobelli. (Boyle, Kevin) |
| Filing 30 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #26 filed by Defendants Island Express Helicopters, Inc., Island Express Holding Corp.. (Terhar, Michael) |
| Filing 29 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support #24 and Joinder filed by Defendants Island Express Helicopters, Inc., Island Express Holding Corp.. (Attachments: #1 Declaration of Ross Cunningham, #2 Request for Judicial Notice)(Terhar, Michael) |
| Filing 28 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support #24 (Attachments: #1 Proposed Order Corrected)(Fowler, Debra) |
| Filing 27 NOTICE OF ERRATA filed by ThirdParty Defendant United States of America. correcting NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support #24 (Attachments: #1 Corrected Notice and Motion, #2 Corrected [Proposed] Order)(Fowler, Debra) |
| Filing 26 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs A. A., John James Altobelli. Motion set for hearing on 11/23/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Remand, #2 Certificate of Service) (Boyle, Kevin) |
| Filing 25 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support #24 filed by Plaintiffs A. A., John James Altobelli. (Boyle, Kevin) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and memorandum in support filed by Third-Party Defendant United States of America. Motion set for hearing on 11/23/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum in support of motion, #2 Proposed Order) (Fowler, Debra) |
| Filing 23 NOTICE OF LODGING filed re Substitution and proposed order re Notice (Other) #3 (Attachments: #1 Proposed Order)(Fowler, Debra) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Marguerite Sisney Sanvictores counsel for Plaintiffs A. A., John James Altobelli. Adding Marguerite S. Sanvictores as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs JOHN JAMES ALTOBELLI, an individual and as Successor in Interest to AA, a minor, JOHN ALTOBELLI, and KERI ALTOBELLI; AA, a minor, by and through her Guardian JOHN JAMES ALTOBELLI. (Attorney Marguerite Sisney Sanvictores added to party A. A.(pty:pla), Attorney Marguerite Sisney Sanvictores added to party John James Altobelli(pty:pla))(Sanvictores, Marguerite) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #19 . The following error(s) was/were found: There is no third-party complaint on file; no Motion; no notice of substitution, etc for USA to substitute in place of Kyle Larsen and Matthew Conley. An order is required for the USA to substitute in place of cross-defendants. 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. (lom) |
| Filing 20 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for February 1, 2021 at 1:30 p.m. (lom) Modified on 10/8/2020 (lom). |
| Filing 19 ANSWER to Crossclaim,,, and Affirmative Defenses filed by Third Party Defendant United States of America.(Fowler, Debra) |
Filing 18
ORDER by Judge Otis D. Wright, II: granting #14 Non-Resident Attorney Michael Ross Cunningham APPLICATION to Appear Pro Hac Vice on behalf of Island Express Helicopters, Inc., Island Express Holding Corp, designating Michael J Terhar as local counsel. (lom)
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Filing 17
ORDER by Judge Otis D. Wright, II: granting #13 Non-Resident Attorney Gary D. Swaim APPLICATION to Appear Pro Hac Vice on behalf of Island Express Helicopters, Inc., Island Express Holding Corp, designating Michael J Terhar as local counsel. (lom)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael Ross Cunningham to Appear Pro Hac Vice on behalf of Defendants Island Express Helicopters, Inc., Island Express Holding Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28410952) #14 . The following error(s) was/were found: DJ and MJ initials missing from application and proposed order. (Thrasher, Lupe) |
| Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Gary D. Swaim to Appear Pro Hac Vice on behalf of Defendants Island Express Helicopters, Inc., Island Express Holding Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28388118) #13 . The following error(s) was/were found: DJ and MJ initials missing from application and proposed order. (Thrasher, Lupe) |
| Filing 14 APPLICATION of Non-Resident Attorney Michael Ross Cunningham to Appear Pro Hac Vice on behalf of Defendants Island Express Helicopters, Inc., Island Express Holding Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28410952) filed by Defendant Island Express Helicopters, Inc., Island Express Holding Corp.. (Attachments: #1 Proposed Order) (Terhar, Michael) |
| Filing 13 APPLICATION of Non-Resident Attorney Gary D. Swaim to Appear Pro Hac Vice on behalf of Defendants Island Express Helicopters, Inc., Island Express Holding Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28388118) filed by Defendant Island Express Helicopters, Inc., Island Express Holding Corp.. (Attachments: #1 Proposed Order) (Terhar, Michael) |
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-08953-ODW-PVCx. Case transferred from Judge Andre Birotte Jr and Magistrate Judge Steve Kim to Judge Otis D. Wright, II and Magistrate Judge Pedro V. Castillo for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-08954-ODW (PVCx). Signed by Judge Otis D. Wright, II (aco)
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| Filing 11 DECLARATION of Debra D. Fowler re Stipulation Extending Time to Answer (30 days or less) #10 filed by ThirdParty Defendant United States of America. (Fowler, Debra) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to United States of America answer now due 10/19/2020, filed by Third Party Defendant United States of America. (Attachments: #1 Proposed Order)(Fowler, Debra) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Don Swaim on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ross Cunningham on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Steve Kim. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-50, Island Express Helicopters, Inc., Island Express Holding Corp. Jury Demanded., filed by plaintiffs John James Altobelli, A. A. (FILED IN STATE COURT 4/20/2020 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF CROSSCLAIM against Cross-Defendants Kyle Larsen, Matthew Conley, Roes 1 through 50; Jury Demanded, filed by Defendants and Cross-Claimants Island Express Holding Corp., Island Express Helicopters, Inc. (FILED IN STATE COURT ON 8/19/2020 SUBMITTED ATTACHED EXHIBIT B) (Attorney Michael J Terhar added to party Island Express Helicopters, Inc.(pty:dft), Attorney Ross Cunningham added to party Island Express Helicopters, Inc.(pty:dft), Attorney Don Swaim added to party Island Express Helicopters, Inc.(pty:dft), Attorney David T Parrish added to party Island Express Helicopters, Inc.(pty:dft), Attorney Michael J Terhar added to party Island Express Holding Corp.(pty:dft), Attorney Ross Cunningham added to party Island Express Holding Corp.(pty:dft), Attorney Don Swaim added to party Island Express Holding Corp.(pty:dft), Attorney David T Parrish added to party Island Express Holding Corp.(pty:dft)) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendants Island Express Helicopters, Inc., Island Express Holding Corp. (FILED IN STATE COURT ON 6/29/2020 SUBMITTED ATTACHED EXHIBIT D)(ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS ON CROSS-COMPLAINT; COMPLAINT Executed by Defendants and Cross-Complaints Island Express Holding Corp., Island Express Helicopters, Inc., upon Defendant Matthew Conley served on 9/1/2020, answer due 9/22/2020. Service of the Summons and Complaint were executed upon Matthew Conley, Individually in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS ON CROSS-COMPLAINT; COMPLAINT Executed by Defendants and Cross-Complainants Island Express Holding Corp., Island Express Helicopters, Inc., upon Defendant Kyle Larsen served on 9/2/2020, answer due 9/23/2020. Service of the Summons and Complaint were executed upon Kyle Larsen, Individually in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 9/11/2020 SUBMITTED ATTACHED EXHIBIT L) (ghap) |
| Filing 5 NOTICE of Related Case(s) filed by Third Party Defendant United States of America. Related Case(s): 20-cv-8953; 20-cv-8955; 20-cv-8956 (Fowler, Debra) |
| Filing 4 NOTICE of Interested Parties filed by Third Party Defendant United States of America, identifying Vanessa Bryant, et al., Christopher Chester, et al., Matthew Mauser, et al., Estate of Ara George Zobayan. (Fowler, Debra) |
| Filing 3 NOTICE of Substitution filed by Third Party Defendant United States of America. (Fowler, Debra) |
| Filing 2 CIVIL COVER SHEET filed by ThirdParty Defendant United States of America. (Attachments: #1 Exhibit A. List of Parties, #2 Exhibit B. List of Counsel)(Fowler, Debra) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 20STCV14963 No Fee Required - US Government, filed by Third Party Defendant United States of America. (Attachments: #1 Exhibit A. Summons, #2 Exhibit B. Cross-Complaint, #3 Exhibit C. Plaintiffs' Complaint, #4 Exhibit D. IEX Answer, #5 Exhibit E. ADR package, #6 Exhibit F. Summons, #7 Exhibit G. Cross-Complaint, #8 Exhibit H. Plaintiffs' Complaint, #9 Exhibit I. IEX Answer, #10 Exhibit J. ADR package, #11 Exhibit K. Proof of Service, #12 Exhibit L. Proof of Service, #13 Exhibit M. Certification of Scope of Employment, #14 Exhibit N. Certification of Scope of Employment) (Attorney Debra D Fowler added to party United States of America(pty:3pd))(Fowler, Debra) |
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