Gina Warsavsky et al v. Jaguar Land Rover North America LLC et al
| Gina Warsavsky and Joseph Warsavsky |
| Jaguar Land Rover Limited,, Jaguar Land Rover North America LLC, Jaguar Land Rover North America, LLC and Does 1-10, inclusive |
| 2:2020cv11159 |
| December 9, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Jean P Rosenbluth |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 PROOF OF SERVICE Executed by Plaintiff Gina Warsavsky, Joseph Warsavsky, upon Defendant Jaguar Land Rover Limited, served on 1/26/2021, answer due 2/16/2021. Service of the Summons and Complaint were executed upon Jaguar Land Rover Limited pursuant to the Hague Convention in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ruga, Dylan) |
Filing 21
ORDER VACATING ENTRY OF DEFAULT ENTERED AGAINST DEFENDANT JAGUAR LAND ROVER NORTH AMERICA, LLC by Judge Percy Anderson, re Stipulation to Vacate #19 . Based upon the stipulation of the parties, the Court hereby VACATES the Default By Clerk entered against defendant Jaguar Land Rover North America, LLC on January 8, 2021 [Dkt. 16]. (mrgo)
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff Gina Warsavsky, Joseph Warsavsky, upon Defendant Jaguar Land Rover North America, LLC served on 1/21/2021, answer due 2/11/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ruga, Dylan) |
| Filing 19 Joint STIPULATION to Vacate Clerks Entry of Default (CV-37) - optional html form #16 filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. (Attachments: #1 Proposed Order)(Ruga, Dylan) |
| Filing 18 21 DAY Summons Issued re First Amended Complaint/Petition #11 as to defendants Jaguar Land Rover Limited, Jaguar Land Rover North America, LLC. (mrgo) |
| Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition #11 filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. (Ruga, Dylan) |
| Filing 16 [VACATED PER COURT ORDER, SEE DOCKET NO. 21] DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jaguar Land Rover North America, LLC a limited liability company. (mrgo) Modified on 2/2/2021 (mrgo). |
| Filing 15 REQUEST for Clerk to Enter Default against defendant Jaguar Land Rover North America, LLC filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. Request set for hearing on 1/7/2021 at 08:30 AM before Judge Percy Anderson. (Attachments: #1 Declaration of Dylan Ruga) (Ruga, Dylan) |
| Filing 14 PROOF OF SERVICE Executed Gina Warsavsky, Joseph Warsavsky, upon Defendant Jaguar Land Rover Limited, served on 12/17/2020, answer due 1/19/2021. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Ruga, Dylan) |
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Filing 13
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (gga)
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| Filing 12 PROOF OF SERVICE Executed by Plaintiff Gina Warsavsky, Joseph Warsavsky, upon Defendant Jaguar Land Rover North America, LLC served on 12/15/2020, answer due 1/5/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ruga, Dylan) |
| Filing 11 First AMENDED COMPLAINT against Defendants Jaguar Land Rover Limited,, Jaguar Land Rover North America, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky(Ruga, Dylan) |
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Filing 10
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Plaintiffs' Complaint alleges defendant Jaguar Land Rover North America, LLC's citizenship as though it is a corporation and not an LLC. (See Compl. 9 ("JLRNA is a "Delaware limited liability company with its principal place of business in Mahwah, New Jersey.").) This allegations fails to adequately allege defendant Jaguar Land Rover North America, LLC's citizenship. For this reason, the Court cannot determine whether the parties are truly diverse, and whether the Court has jurisdiction over this action. Accordingly, the Court dismisses Plaintiffs' Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. See 28 U.S.C. 1653; Trentacosta v. Frontier Pacific Aircraft Industries, Inc., 813 F.2d 1553, 1555 (9th Cir. 1987). Therefore, the Court grants Plaintiffs leave to amend their Complaint to establish federal subject matter jurisdiction. Plaintiffs' First Amended Complaint, if any, is to be filed by December 21, 2020. The failure to file a First Amended Complaint by that date or to adequately allege the basis for the Court's jurisdiction may, without further warning, result in the dismissal of this action without prejudice. (See document for details) (mrgo)
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge James V. Selna to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-11159 PA(JPRx). (rn)
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| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Gina Warsavsky, Joseph Warsavsky. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Jean P. Rosenbluth. (lh) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. (Ruga, Dylan) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. (Ruga, Dylan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-29439020 - Fee: $402, filed by Plaintiffs Gina Warsavsky, Joseph Warsavsky. (Attorney Dylan Ruga added to party Gina Warsavsky(pty:pla), Attorney Dylan Ruga added to party Joseph Warsavsky(pty:pla))(Ruga, Dylan) |
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