Michael Darrett et al v. Lennox Industries, Inc.
Plaintiff: Michael Darrett and Justin Livermore
Defendant: Lennox Industries, Inc.
Case Number: 2:2021cv02289
Filed: March 15, 2021
Court: US District Court for the Central District of California
Presiding Judge: Virginia A Phillips
Referring Judge: Jean P Rosenbluth
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2021 Filing 24 NOTICE of Voluntary Dismissal filed by Plaintiff Michael Darrett, Justin Livermore. Dismissal is with Prejudice as to the Named Plaintiffs and without Prejudice as to the Putative Class. (Attachments: #1 Certificate of Service)(Ibey, Jason)
April 7, 2021 Opinion or Order Filing 23 ORDER GRANTING SECOND JOINT STIPULATION TO CONTINUE BRIEFING SCHEDULE ON PLAINTIFF'S ANTICIPATED MOTION TO REMAND TO STATE COURT by Judge Virginia A. Phillips #22 . Plaintiffs' Motion for Remand the action to State Court shall be filed by April 12, 2021; and, 2. Defendants opposition to Plaintiffs Motion for Remand shall be filled by May 14, 2021. IT IS SO ORDERED. (yl)
April 5, 2021 Filing 22 Joint STIPULATION to Continue Briefing Schedule On Plaintiffs' Anticipated Motion To Remand To State Court filed by Plaintiffs Michael Darrett, Justin Livermore. (Attachments: #1 Proposed Order, #2 Proof of Service)(Kazerounian, Seyed)
April 1, 2021 Filing 21 NOTICE of Appearance filed by attorney Pamela Erin Prescott on behalf of Plaintiffs Michael Darrett, Justin Livermore (Attachments: #1 Certificate of Service)(Attorney Pamela Erin Prescott added to party Michael Darrett(pty:pla), Attorney Pamela Erin Prescott added to party Justin Livermore(pty:pla))(Prescott, Pamela)
March 26, 2021 Opinion or Order Filing 20 ORDER GRANTING JOINT STIPULATION TO CONTINUE BRIEFING SCHEDULE ON PLAINTIFF'S ANTICIPATED MOTION TO REMAND TO STATE COURT by Judge Virginia A. Phillips, re Stipulation to Continue #19 : the Court hereby ORDERS as follows: Plaintiffs' Motion for Remand the action to State Court shall be filed by April 5, 2021; and Defendant's opposition to Plaintiffs' Motion for Remand shall be filled by April 30, 2021. (et)
March 26, 2021 Filing 19 Joint STIPULATION to Continue Briefing Schedule On Plaintiffs' Anticipated Motion To Remand filed by Plaintiffs Michael Darrett, Justin Livermore. (Attachments: #1 Proposed Order, #2 Proof of Service)(Kazerounian, Seyed)
March 24, 2021 Opinion or Order Filing 18 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANT'S PENDING MOTIONS AND FOR BRIEFING SCHEDULE by Judge Virginia A. Phillips, re Stipulation to Continue, #15 : the Court hereby ORDERS as follows: 1. Plaintiffs' Motion for Remand the action to State Court shall be filed by March 29, 2021; 2. The hearing on the Plaintiffs' anticipated Motion for Remand shall be set for June 7, 2021 at 2:00 p.m., or as soon thereafter as is convenient for the Court; 3. Defendant's opposition to Plaintiffs' Motion for Remand shall be filled by April 23, 2021; 4. Plaintiffs' optional Reply in support of the Motion for Remand shall be filed by May 21, 2021; 5. The hearing on Defendant's two pending motions (see Dkt. Nos. 11 and 12) shall be continued from April 19, 2021, at 2:00 p.m. to June 7, 2021 at 2:00 p.m., or as soon thereafter as is convenient for the Court; 6. Plaintiff's Opposition to Defendant's two pending motions shall be filed by April 23, 2021; and 7. The optional Reply briefs by Defendant shall be filed by May 21, 2021. (bm)
March 24, 2021 Filing 17 NOTICE of Order Resetting Hearing Schedule filed by Defendant Lennox Industries, Inc.. (Rosenwasser, Steven)
March 23, 2021 Filing 16 NOTICE of Appearance filed by attorney Jason A Ibey on behalf of Plaintiffs Michael Darrett, Justin Livermore (Attachments: #1 Certificate of Service)(Attorney Jason A Ibey added to party Michael Darrett(pty:pla), Attorney Jason A Ibey added to party Justin Livermore(pty:pla))(Ibey, Jason)
March 23, 2021 Filing 15 Joint STIPULATION to Continue Hearing on Defendant's Pending Motions and for Briefing Schedule filed by Plaintiffs Michael Darrett, Justin Livermore. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Attorney Seyed Abbas Kazerounian added to party Justin Livermore(pty:pla))(Kazerounian, Seyed)
March 22, 2021 Opinion or Order Filing 14 SCHEDULING NOTICE AND ORDER by Judge Virginia A. Phillips. COUNSEL OF RECORD AND PARTIES ARE NOTIFIED, on the Court's own motion, in compliance with L.R. 6-1, the hearings on Defendant Lennox Industries, Inc.'s Motion to Compel Arbitration #11 and Motion to Dismiss Case #12 set for April 12, 2021 are hereby reset on April 19, 2021 at 2:00 PM. Counsel shall notify all parties with the new hearing date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
March 19, 2021 Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Lennox Industries, Inc.. Motion set for hearing on 4/12/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit Exhibit A - Wood Declaration, #2 Proposed Order) (Scott, Jeff)
March 19, 2021 Filing 11 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Lennox Industries, Inc.. Motion set for hearing on 4/12/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Exhibit A - Wood Declaration, #3 Exhibit Exhibit B - Rucker Declaration, #4 Exhibit Exhibit C - Gafford Declaration, #5 Exhibit Exhibit D - Anderberg Declaration, #6 Proposed Order) (Scott, Jeff)
March 18, 2021 Opinion or Order Filing 13 ORDER by Judge Virginia A. Phillips: granting #9 Non-Resident Attorney Rosenwasser, Steven J. APPLICATION to Appear Pro Hac Vice on behalf of Defendant Lennox Industries Inc., designating Scott, Jeff E. as local counsel. (yl)
March 17, 2021 Opinion or Order Filing 10 STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
March 17, 2021 Filing 9 APPLICATION of Non-Resident Attorney Steven J. Rosenwasser to Appear Pro Hac Vice on behalf of Defendant Lennox Industries, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30930565) filed by Defendant Lennox Industries, Inc.. (Attachments: #1 Proposed Order) (Attorney Steven Jason Rosenwasser added to party Lennox Industries, Inc.(pty:dft)) (Rosenwasser, Steven)
March 16, 2021 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven Rosenwassers. 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. (lh)
March 16, 2021 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
March 16, 2021 Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Jean P. Rosenbluth. (lh)
March 16, 2021 Filing 5 PROOF OF SERVICE filed by Defendant Lennox Industries, Inc., re Corporate Disclosure Statement #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #4 , Civil Cover Sheet (CV-71) #2 served on March 15, 2021. (Scott, Jeff)
March 15, 2021 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Michael Darrett, Justin Livermore, upon Defendant Lennox Industries, Inc. served on 3/2/2021, answer due 3/23/2021. Service of the Summons and Complaint were executed upon Lai Saevang, Authorized Person in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 3/9/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
March 15, 2021 CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Lennox Industries, Inc. Jury Demanded, filed by Plaintiffs Michael Darrett, Justin Livermore. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/5/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
March 15, 2021 Filing 4 NOTICE of Interested Parties filed by Defendant Lennox Industries, Inc., identifying Lennox International, Inc.. (Scott, Jeff)
March 15, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Lennox Industries, Inc. identifying Lennox International Inc. as Corporate Parent. (Scott, Jeff)
March 15, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant Lennox Industries, Inc.. (Scott, Jeff)
March 15, 2021 Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 21STCV04711 Receipt No: ACACDC-30920578 - Fee: $402, filed by Defendant Lennox Industries, Inc.. (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Declaration of Michael Hart, #3 Exhibit C - Pleadings, Orders and Documents on File in State Court) (Attorney Jeff E Scott added to party Lennox Industries, Inc.(pty:dft))(Scott, Jeff)

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Plaintiff: Michael Darrett
Represented By: Adib Hashemi Assassi
Represented By: Pamela Erin Prescott
Represented By: Seyed Abbas Kazerounian
Represented By: Jason A Ibey
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Plaintiff: Justin Livermore
Represented By: Adib Hashemi Assassi
Represented By: Pamela Erin Prescott
Represented By: Seyed Abbas Kazerounian
Represented By: Jason A Ibey
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Defendant: Lennox Industries, Inc.
Represented By: Jeff E Scott
Represented By: Steven Jason Rosenwasser
Represented By: Jeff E. Scott
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