Brenda L Campbell v. Carnival Corporation
Brenda L Campbell |
Carnival PLC, Carnival Corporation and Princess Cruise Lines, Ltd. |
2:2021cv00266 |
January 12, 2021 |
US District Court for the Central District of California |
Dolly M Gee |
John E McDermott |
Marine |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 55 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed the parties' responses to the March 1, 2021 Order to Show Cause ("OSC") re dismissal for lack of prosecution. Defendant should have re-noticed its motion to dismiss after the case was transferred to this District. Pursuant to the parties' joint request, however, the Court will consider Defendant's Motion to Dismiss #22 on the merits of the Federal Rule of Civil Procedure 12(b)(6) arguments. The motion is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION. The OSC is DISCHARGED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY |
Filing 54 Response to Court's Order to Show Cause filed by Plaintiff Brenda L Campbell re: Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #52 (Nick, J.) |
Filing 53 NOTICE DEFENDANTS' GOOD CAUSE FOR LACK OF PROSECUTION filed by DEFENDANTS Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Hughes, Jonathan) |
Filing 52 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 3/8/2021 why this action should not be dismissed for lack of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk) |
Filing 51 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Dean D. Pregerson, for the reasons set forth on this order. Related Case No. 2:20-cv-04130 DDP(GJSx) (rn) |
Filing 50 ORDER by Judge Dolly M. Gee: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: Letter to the Court filed 2/4/2021 #49 , for the following reasons: Local Rule 83-2.5 No letters to the judge. (gk) |
Filing 49 [DOCUMENT STRICKEN PER ORDER ON 2/4/2021, SEE DOCKET NO. 50] EX PARTE APPLICATION for Extension of Time to File to file Certificate of Good Standing for pro hac vice applicant Adam Meshkov filed by Plaintiff Brenda L Campbell. (Nick, J.) Modified on 2/4/2021 (gk). |
Filing 48 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application of Non-Resident Attorney to Appear filed 1/19/2021 #45 . Plaintiff shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (gk) |
Filing 47 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case DECLINED by Judge R. Gary Klausner, for the reasons set forth on this order. Related Case No. 2:20-cv-02267 RGK(SKx) (aco) |
Filing 46 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Adam D. Meshkov to Appear Pro Hac Vice on behalf of Plaintiff Brenda L Campbell (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30115692) #45 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (Thrasher, Lupe) |
Filing 45 APPLICATION of Non-Resident Attorney Adam D. Meshkov to Appear Pro Hac Vice on behalf of Plaintiff Brenda L Campbell (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30115692) filed by Plaintiff Brenda L Campbell. (Attachments: #1 Proposed Order) (Nick, J.) |
Filing 44 NOTICE of Appearance filed by attorney Rafaela Patricia Castells on behalf of Defendant Princess Cruise Lines, Ltd. (Attorney Rafaela Patricia Castells added to party Princess Cruise Lines, Ltd.(pty:dft))(Castells, Rafaela) |
Filing 43 NOTICE of Related Case(s) filed by defendant Princess Cruise Lines, Ltd.. Related Case(s): 2:20-CV-03788 (Maltzman, Jeffrey) |
Filing 42 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) |
Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam David Meshkov on behalf of Plaintiff. 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. (et) |
Filing 40 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
Filing 39 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge John E. McDermott. (et) |
Filing 38 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 4:20-cv-04955-HSG, from USDC Northern District of California (Oakland). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-00266-DMG (JEMx). (et) |
Filing 37 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
Filing 36 ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Motion to Transfer Case. (ndrS, COURT STAFF) (Filed on 1/8/2021) [Transferred from California Northern on 1/13/2021.] |
Filing 35 REPLY (re #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss ) filed byCarnival Corporation, Carnival PLC, Princess Cruise Lines Ltd.. (Hughes, Jonathan) (Filed on 11/16/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 34 OPPOSITION/RESPONSE (re #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss ) filed byBrenda L Campbell. (Attachments: #1 Declaration Declaration of Brenda L. Campbell in Support of Plaintiff's Opposition to Defendants' Joint Motion to Transfer)(Goodrow, Russell) (Filed on 11/9/2020) [Transferred from California Northern on 1/13/2021.] |
Set Deadlines/Hearing as to #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss , See Docket No. 33 : Responses due by 11/9/2020; Replies due by 11/16/2020; and Motion Hearing set for 1/14/2021 02:00 PM in To Be Determined before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 10/23/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 33 ORDER by Hon. Haywood S. Gilliam, Jr. DISCHARGING Dkt. No. 31 Order to Show Cause in light of Dkt. No. #32 Plaintiff's letter brief. The Court further SETS the following briefing schedule on Dkt. No. #22 the pending motion to transfer or dismiss the case: Plaintiff's response is due by November 9, 2020, and Defendants' reply is due by November 16, 2020. The hearing remains set for January 14, 2021, at 2:00 p.m. The Court cautions Plaintiff that she is expected to comply fully with all future deadlines and court orders in this action. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 10/23/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 32 Letter Brief Plaintiff's Statement re: 10/21/2020 Order to Show Cause filed byBrenda L Campbell. (Goodrow, Russell) (Filed on 10/22/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 31 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff TO SHOW CAUSE why Dkt. No. #22 the motion to transfer the case or dismiss the complaint should not be granted given Plaintiff's failure to file a response by the October 19, 2020 deadline. Plaintiff shall file a statement of two pages or less by October 26, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 10/21/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 30 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for October 27th is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/19/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 29 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Princess Cruise Lines Ltd... (Nield, Edgar) (Filed on 10/14/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 28 ORDER by Judge Haywood S. Gilliam, Jr. Granting #27 Motion for Pro Hac Vice as to Meshkov, Adam. (ndrS, COURT STAFF) (Filed on 10/8/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 27 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 34611150391.) Filing fee previously paid on 08/20/2020 filed by Brenda L Campbell. (Attachments: #1 Certification)(Meshkov, Adam) (Filed on 10/8/2020) Modified on 10/8/2020 (bnsS, COURT STAFF). Modified on 10/14/2020 to term, see docket no. #28 . (ndrS, COURT STAFF). [Transferred from California Northern on 1/13/2021.] |
#Electronic filing error. REMINDER: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number instead of AGT. Re: #27 First MOTI ON for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 34611150391.) Filing fee previously paid on 08/20/2020 filed by Brenda L Campbell (bnsS, COURT STAFF) (Filed on 10/8/2020) [Transferred from California Northern on 1/13/2021.] |
Reset Hearing as to #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss , See Docket No. #26 : Motion Hearing set for 1/14/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 10/7/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 26 Renotice motion hearing re #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss filed byCarnival Corporation, Carnival PLC, Princess Cruise Lines Ltd.. (Related document(s) #22 ) (Hughes, Jonathan) (Filed on 10/7/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nield, Edgar) (Filed on 10/6/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 24 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #22 motion to transfer or dismiss. Hearing date of November 9, 2020, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. November 9th wasnt the Court's next available hearing date when this motion was e-filed nor is it the correct day of the week for civil law and motion. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be filed after the motion is re- noticed. And if granted, the Court will advance the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/6/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 23 NOTICE of Appearance by Katie Jeannine Lewis Scott for Defendants Carnival Corporation and Carnival plc (Scott, Katie) (Filed on 10/6/2020) [Transferred from California Northern on 1/13/2021.] |
#Electronic filing error. Notice to Counsel: Case division and case location information are incorrect. In the future, please be sure that the case number is correctly reflecte d on your documents as Oakland Division and the case number should be 4:20-cv-4955 HSG Re: #18 Notice of Appearance filed by Carnival Corporation, Carnival PLC, #22 Joint MOTION to Transfer Case Joint MOTION to Dismiss filed by Princess Cruise Lines Ltd., Carnival Corporation, Carnival PLC, #21 Notice of Appearance filed by Carnival Corporation, Carnival PLC, #20 Notice of Appearance filed by Carnival Corporation, Carnival PLC, #19 Certificate of Interested Entities filed by Carnival Corporation, Carnival PLC (bnsS, COURT STAFF) (Filed on 10/6/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 22 Joint MOTION to Transfer Case or Dismiss filed by Carnival Corporation, Carnival PLC, Princess Cruise Lines Ltd.. Motion Hearing set for 11/9/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/19/2020. Replies due by 10/26/2020. (Attachments: #1 Declaration of Collin Steinke, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Hughes, Jonathan) (Filed on 10/5/2020) Modified on 10/6/2020 (bnsS, COURT STAFF). [Transferred from California Northern on 1/13/2021.] |
Filing 21 NOTICE of Appearance by Rica Katrina Santos for Defendants Carnival Corporation and Carnival plc (Santos, Rica) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 20 NOTICE of Appearance by David Jonathan Weiner for Defendants Carnival Corporation and Carnival plc (Weiner, David) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 19 Certificate of Interested Entities by Carnival Corporation, Carnival PLC identifying Other Affiliate Micky Arison for Carnival Corporation, Carnival PLC. (Hughes, Jonathan) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 18 NOTICE of Appearance by Jonathan W. Hughes for Defendants Carnival Corporation and Carnival plc (Hughes, Jonathan) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 17 Certificate of Interested Entities by Princess Cruise Lines Ltd. identifying Corporate Parent Carnival Corporation for Princess Cruise Lines Ltd.. (Maltzman, Jeffrey) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 16 NOTICE of Appearance by Jeffrey Bradford Maltzman (Maltzman, Jeffrey) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 15 NOTICE of Appearance by Edgar Roy Nield (Nield, Edgar) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 14 NOTICE of Appearance by Gabrielle De Santis Nield (Nield, Gabrielle) (Filed on 10/5/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 13 ***DISREGARD: REFILED AT DOC #27 *** MOTION for leave to appear in Pro Hac Vice re Adam D. Meshkov ( Filing fee $ 310, receipt number 34611150391.) Filing fee previously paid on 8/20/2020 filed by Brenda L Campbell. (Attachments: #1 Envelope)(bnsS, COURT STAFF) (Filed on 8/17/2020) Modified on 10/8/2020 (bnsS, COURT STAFF). [Transferred from California Northern on 1/13/2021.] |
Filing 12 WAIVER OF SERVICE Returned Executed filed by Brenda L Campbell. Service waived by Carnival PLC waiver sent on 8/6/2020, answer due 10/5/2020. (Goodrow, Russell) (Filed on 8/12/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 11 WAIVER OF SERVICE Returned Executed filed by Brenda L Campbell. Service waived by Princess Cruise Lines Ltd. waiver sent on 8/5/2020, answer due 10/5/2020. (Goodrow, Russell) (Filed on 8/12/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 10 WAIVER OF SERVICE Returned Executed filed by Brenda L Campbell. Service waived by Carnival Corporation waiver sent on 8/6/2020, answer due 10/5/2020. (Goodrow, Russell) (Filed on 8/12/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 9 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for October 27, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by October 20th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-04955-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 7/29/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 8 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to the case.. Signed by The Clerk on 7/28/20. (haS, COURT STAFF) (Filed on 7/28/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 7/27/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 6 Summons Issued as to Carnival Corporation, Carnival PLC, Princess Cruise Lines Ltd. (arkS, COURT STAFF) (Filed on 7/27/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brenda L Campbell.. (Goodrow, Russell) (Filed on 7/27/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 4 Proposed Summons. (Goodrow, Russell) (Filed on 7/27/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/16/2020. Initial Case Management Conference set for 10/23/2020 02:00 PM in San Francisco, Courtroom A, 15th Floor. (arkS, COURT STAFF) (Filed on 7/24/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 2 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/7/2020. (mbcS, COURT STAFF) (Filed on 7/24/2020) [Transferred from California Northern on 1/13/2021.] |
#Electronic filing error. Summons attachment will not be processed because incorrect event was used. [err101] Please re-file just the proposed summons in its entirety. Re: #1 attac hment #1- SUMMONS, filed by Brenda L Campbell (arkS, COURT STAFF) (Filed on 7/24/2020) [Transferred from California Northern on 1/13/2021.] |
Filing 1 COMPLAINT BRENDA L CAMPBELL, as Executor of the ESTATE OF CARL E WEIDNER against All Defendants ( Filing fee $ 400, receipt number 0971-14727908.). Filed byBrenda L Campbell. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Goodrow, Russell) (Filed on 7/23/2020) [Transferred from California Northern on 1/13/2021.] |
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