Virina Steel, LLC v. Norfolk Southern Railway Company
| Virgina Steel, LLC and Virina Steel, LLC |
| Norfolk Southern Railway Company, Lehigh Hanson, Inc., Union Pacific Railroad Company, Norfolk Southern Railway, Lehigh Hanson Materials Limited and DOES 1 through 20, inclusive |
| 2:2021cv03461 |
| April 22, 2021 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Virginia A Phillips |
| Jean P Rosenbluth |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 52 TRANSMITTAL of documents to LA Superior Court of California, County of Los Angeles. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to LA Superior Court of California, County of Los Angeles. (yl) |
| Filing 51 TRANSMITTAL of documents to LA Superior Court of California, County of Los Angeles. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to LA Superior Court of California, County of Los Angeles. (yl) |
Filing 50
ORDER GRANTING MOTION TO REMAND (Doc. No. #45 ) by Judge Virginia A. Phillips: IT IS HEREBY ORDERED that this action is hereby remanded to the Superior Court of the State of California, in and for the County of Los Angeles. The Court hereby vacates the December 13, 2021 hearing. MD JS-6. Case Terminated. (yl)
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| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related) #48 , Notice (Other) #46 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Leave of court required for filing. Proposed Document was not submitted as separate attachment. CLARIFICATION OF THE ABOVE: 1) No. 46 was a notice of lodging order for motion to remand. However MISSING the separate proposed order which was not submitted as an attachment. The correct event would be : NOTICE OF LODGING for main document; to which the separate proposed order would be the 2nd pdf attachment to that main document. 2) No. 46 was an amendment, HOWEVER, filer changed pending motion hearing from 11/12/21 10:00 to December 13,20 21 2 PM only on the document. Filer cannot continue a pending motion hearing without filing proper documents, seeking order of court, to which a proposed order should be submitted as a separate attachment. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 48 Amendment to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #45 filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
| Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #45 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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 46 NOTICE of Lodging Proposed Order Remanding Action filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
| Filing 45 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Virina Steel, LLC. Motion set for hearing on 11/12/2021 at 10:00 AM before Judge Virginia A. Phillips. (Martin, Steven) |
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Filing 44
SCHEDULING NOTICE AND ORDER by Judge Virginia A. Phillips. The Court has reviewed "Plaintiff Virina Steel's Rule 16(b)/26(f) Report" filed 11/01/21 (Dkt. #43 ). In the Report, Plaintiff notifies the Court of its intention to file a Motion to Remand. Accordingly, the Court hereby VACATES the Scheduling Conference set for November 8, 2021. No appearances are necessary. Plaintiff shall file its Motion to Remand no later than November 15, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 43 NOTICE Plaintiff's Rule 16(b)/ 26(f) Report filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
| Filing 42 NOTICE OF DISMISSAL filed by Plaintiff Virina Steel, LLC pursuant to FRCP 41a(1) and Notice of Settlement as to Union Pacific Railroad Company. (Martin, Steven) |
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Filing 41
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 11/8/2021 at 01:30 PM before Judge Virginia A. Phillips. (cch)
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Filing 40
MINUTE ORDER AMENDING ORDER OF DISMISAL [Dkt. #38 ) (IN CHAMBERS) by Judge Virginia A. Phillips: The Court having been advised by counsel for the parties that the above entitled action has settled, IT IS ORDERED that this action be, and hereby is, dismissed as to Defendant Norfolk Southern Railway Company only without prejudice. THE COURT will retain jurisdiction for a period of sixty (60) days to enforce the terms of the settlement. IT IS SO ORDERED. (Made JS-5, Case reopened) (yl)
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| Filing 39 EX PARTE APPLICATION to Amend Order,, Terminated Case, #38 of Dismissal filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
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Filing 38
ORDER OF DISMISSAL by Judge Virginia A. Phillips. The Court having been advised by counsel for the parties that the above-entitled action has settled #36 , IT IS ORDERED that this action be, and hereby is, dismissed in its entirety without prejudice. (Made JS-6. Case Terminated.) (lom)
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| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Settlement #36 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-->Continue. Proposed Document was not submitted as separate attachment. 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. (yl) |
| Filing 36 NOTICE of Settlement and Stipulation for Order Continuing Hearing on Motion to Dismiss filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
| Filing 35 DECLARATION of Steven L. Martin re Order to Show Cause, #31 filed by Plaintiff Virina Steel, LLC. (Martin, Steven) |
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Filing 34
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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Filing 33
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge John A. Kronstadt. Case transferred from Judge John A. Kronstadt to the calendar of Judge Virginia A. Phillips for all further proceedings. Case number now reads as 2:21-cv-03461 VAP(JPRx). (rn)
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| Filing 32 PROOF OF SERVICE Executed Virina Steel, LLC, upon Defendant Lehigh Hanson, Inc. served on 5/5/2021, answer due 6/4/2021. 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. Executed upon the officer agency or corporation by delivering a copy to Corporation Service Company. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Martin, Steven) |
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Filing 31
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE LEHIGH HANSON, INC., AND LEHIGH HANSON MATERIALS LIMITED by Judge John A. Kronstadt: The Court, on its own motion, orders Plaintiff to show cause in writing no later than 8/11/2021 why this action should not be dismissed for lack of prosecution regarding overdue responses, as to defendant Lehigh Hanson, Inc., and Lehigh Hanson Materials Limited. (See Civil Minutes for further specifics). (jp)
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Filing 30
(IN CHAMBERS) ORDER RE JOINT RULE 16(b)/26(f) Report (Dkt. #29 ) by Judge John A. Kronstadt: Based on a review of the Joint Rule 16(b)/26(f) Report (the "Joint Report" (Dkt. #29 )), a schedule of pretrial and trial dates is not set at this time. Within 14 days of the issuance of a ruling on Defendant Norfolk Southern Railway Company's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2), (3), and (6) for Lack of Personal Jurisdiction (or in the Alternative, Improper Venue) and Failure to State a Claim (Dkt. #20 ), the parties shall file a joint report that states their collective and/or respective position(s) on the appropriate timetable for this action. A proposed schedule of pretrial and trial dates shall be completed and attached as Exhibit A to the joint report. See Dkt #7 ; Standing Order at 44, Ex. C-1. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Virina Steel, LLC.. (Martin, Steven) |
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Filing 28
ORDER RE STIPULATED REQUEST FOR AN ORDER STAYING DISCOVERY (DKT. #25 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Discovery in this matter is hereby STAYED pending a ruling on the "Motion to Dismiss Pursuant to FRCP 12(b)(2), (3), and (6) for Lack of Personal Jurisdiction (or, in the Alternative, Improper Venue) and Failure to State a Claim" (the "Motion" (Dkt. 20)) filed by Defendant Norfolk Railway Company. This Order is without prejudice to any party filing an application to request leave to conduct discovery regarding the existence of personal jurisdiction in connection with the Motion. (jp)
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| Filing 27 NOTICE OF LODGING filed Notice of Lodging [Proposed] Order Granting Stipulated Request for An Order Staying Discovery re Stipulation for Order #25 (Attachments: #1 Proposed Order)(Park, Steven) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Order #25 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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 25 STIPULATION for Order Stipulation Request for An Order Staying Discovery filed by Defendant Norfolk Southern Railway.(Vaughan, Benjamin) |
| Filing 24 NOTICE of Change of Attorney Business or Contact Information: for attorney Steven D. Park counsel for Defendant Norfolk Southern Railway. Changing Address to 515 South Flower Street, 18th Floor, Los Angeles, CA 90071. Filed by Defendant Norfolk Southern Railway. (Park, Steven) |
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Filing 23
ORDER RE EX PARTE APPLICATION FOR ORDER ENLARGING TIME TO FILE OPPOSITION TO [M]OTION TO DISMISS FILED BY DEFENDANT NORFOLK SOUTHERN RAILWAY (DKT. #22 ) by Judge John A. Kronstadt, the Application is GRANTED. On or before 8/20/2021, Plaintiff shall file any opposition to Defendant Norfolk Southern Railway Companys "Motion to Dismiss Pursuant to FRCP 12(b)(2), (3), and (6) for Lack of Personal Jurisdiction (or in the Alternative, Improper Venue) and Failure to State a Claim" (the "Motion" (Dkt. #20 )). Any reply in support of the Motion shall be filed on or before 9/10/2021. (jp)
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| Filing 22 EX PARTE APPLICATION for Enlargement of Time to File Opposition to Motion to Dismiss filed by Plaintiff Virina Steel, LLC. (Attachments: #1 Proposed Order Enlarging Time) (Martin, Steven) |
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Filing 21
(IN CHAMBERS) ORDER CONTINUING HEARING ON DEFENDANT NORFOLK SOUTHERN RAILWAY COMPANY'S MOTION TO DISMISS (DKT. #20 ) by Judge John A Kronstadt: Defendant has set the motion for a day the Court's calendar is full and, therefore, closed. Counsel are directed to refer to the Motion Calendar under this Court's Procedures and Schedules found on the website for the United States District Court. Any future motion will be stricken for failing to set it on a date the Court is hearing motions. The Court, on its own motion, continues the Motion from June 28, 2021 to October 18, 2021 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule of motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Or in the Alternative, Improper Venue) And Failure to State Claim filed by Defendant Norfolk Southern Railway. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Park, Steven) |
| Filing 19 NOTICE of Interested Parties filed by Defendant Union Pacific Railroad Company, identifying Union Pacific Corporation and Southern Pacific Rail Corporation. (Johnson, Nancy) |
| Filing 18 ANSWER to Complaint - (Discovery) filed by Defendant Union Pacific Railroad Company.(Attorney Nancy Jean Johnson added to party Union Pacific Railroad Company(pty:dft))(Johnson, Nancy) |
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Filing 17
ORDER by Judge John A. Kronstadt granting #14 Non-Resident Attorney Benjamin H Vaughan APPLICATION to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway, designating Steven D Park as local counsel. (jp)
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Filing 16
ORDER by Judge John A. Kronstadt granting #13 Non-Resident Attorney Jeffrey D Cohen APPLICATION to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway, designating Steven D Park as local counsel. (jp)
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Filing 15
ORDER by Judge John A. Kronstadt granting #12 Non-Resident Attorney Eric C Palombo APPLICATION to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway, designating Steven D Park as local counsel. (jp)
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| Filing 14 APPLICATION of Non-Resident Attorney Benjamin H. Vaughan to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31225461) filed by Defendant Norfolk Southern Railway. (Attachments: #1 Pennsylvania Certificate of Good Standing, #2 New Jersey Certificate of Good Standing, #3 Proposed Order) (Park, Steven) |
| Filing 13 APPLICATION of Non-Resident Attorney Jeffrey D. Cohen to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31225241) filed by Defendant Norfolk Southern Railway. (Attachments: #1 Pennsylvania Certificate of Good Standing, #2 New Jersey Certificate of Good Standing, #3 Proposed Order) (Park, Steven) |
| Filing 12 APPLICATION of Non-Resident Attorney Eric C. Palombo to Appear Pro Hac Vice on behalf of Defendant Norfolk Southern Railway (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31224973) filed by Defendant Norfolk Southern Railway. (Attachments: #1 Pennsylvania Certificate of Good Standing, #2 New Jersey Certificate of Good Standing, #3 Proposed Order) (Park, Steven) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric Palombo. 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. (jtil) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffrey D. Cohen. 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. (jtil) |
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Filing 9
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by July 9, 2021. (tj)
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| Filing 8 STIPULATION Extending Time to Answer the complaint as to Norfolk Southern Railway answer now due 5/24/2021, filed by Defendant Norfolk Southern Railway.(Park, Steven) |
| Filing 7 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (jre) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jean P. Rosenbluth. (jtil) |
| CONFORMED COPY OF COMPLAINT Filed by Plaintiff Virina Steel, LLC in Los Angeles Superior Court on 2/22/2021, attached as Exhibit C. (jtil) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendant Norfolk Southern Railway Company, re Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Notice (Other) #3 served on 04/22/2021. (Park, Steven) |
| Filing 3 NOTICE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1 AND L.R. 7.1-1 filed by Defendant Norfolk Southern Railway Company. (Park, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Norfolk Southern Railway Company. (Park, Steven) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV06913 Receipt No: ACACDC-31168187 - Fee: $402, filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Attorney Steven D Park added to party Norfolk Southern Railway Company(pty:dft))(Park, Steven) |
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