Grover Theus v. KAG West, LLC et al
| Grover Theus |
| KAG West, LLC, Does 1 through 100 and DOES 1 through 100, inclusive |
| 2:2021cv07552 |
| September 21, 2021 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Karen L Stevenson |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 39
ORDER TO SHOW CAUSE by Judge Maame Ewusi-Mensah Frimpong. The Court orders Plaintiff to show cause in writing no later than March 8, 2023, why this action should not be dismissed in light of the Court's November 11, 2022 order granting Plaintiff's Counsel's Motion to Withdraw and Plaintiff's subsequent failure to comply with the Court's Order to obtain new counsel within ninety (90) days of the Order or otherwise communicate with the Court. ECF No. #37 . As an alternative to a written response by Plaintiff, the Court will accept: a notice of substitution of attorney. Should Plaintiff wish to represent himself, he should file a notice so stating by March 8, 2023. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a response on or before the date upon which a response by Plaintiff is due. The failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Court dismissing this action. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
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Filing 37
ORDER GRANTING MOTION TO WITHDRAW [ECF NO. 21] by Judge Maame Ewusi-Mensah Frimpong. In light of the foregoing reasons, the Court hereby GRANTS the Motion for Leave to Withdraw as Counsel and ORDERS as follows: 1. Plaintiffs Counsel shall comply with all of the requirements of the California Rules of Professional Conduct with respect to this withdrawal; 2. Plaintiffs Counsel shall provide notice of this Order to Theus; 3. Theus is directed to obtain new counsel within ninety (90) days of this Order; and 4. Plaintiffs Counsel shall, consistent with the applicable California Rules of Professional Conduct, direct Theus to appropriate resources and guidance for obtaining new counsel. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 38 MOTION HEARING (Held AND Completed) before Judge Maame Ewusi-Mensah Frimpong. Plaintiff Grover Theis did not appear personally as ordered. The Court adopts the tentative as final. The Court takes the matter under submission. Court Reporter: Maria Bustillos. (yl) |
| Filing 36 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court, having considered the parties' Requests (ECF Nos. [34-35]) and finding good cause therefor, hereby GRANTS the Request and ORDERS all parties are permitted to appear via Zoom at the hearing set on November 10, 2022, at 10:00 a.m. The Zoom link is found on the Court's website: https://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong.Prior to the hearing, the parties must consult the Guidelines for Zoom Courtroom Proceedings found on the Courts website. Failure to comply with the Guidelines may result in future requests for Zoom appearances being denied. For future requests, the parties shall comply with the Court's requirement that counsel has met and conferred with opposing counsel consistent with Local Rule 7-3, per the Court's website. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY |
| Filing 35 Defendant's Counsel's Request to Appear Remotely at the Hearing on Plaintiff's Counsel's Motion to Withdraw as Plaintiff's Counsel of Record filed by Defendant KAG West, LLC re: Notice of Appearance or Withdrawal of Counsel (G-123), #32 (Attachments: #1 Proposed Order Granting Defendant's Counsel's Request to Appear Remotely at the Hearing on Plaintiff's Counsel's Motion to Withdraw as Plaintiff's Counsel of Record)(Yang, Stephen) |
| Filing 34 REQUEST for Leave of Gregory P. Wong to Appear for Telephonic Appearance filed by Plaintiff Grover Theus. Request set for hearing on 11/10/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Wong, Gregory) |
| Filing 33 DECLARATION of Gregory P. Wong filed by Plaintiff Grover Theus. (Attachments: #1 Exhibit)(Wong, Gregory) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Gregory P Wong counsel for Plaintiff Grover Theus. Sandra Acosta Tello is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Grover Theus. (Wong, Gregory) |
| Filing 31 MOTION HEARING (Held and Completed) before Judge Maame Ewusi-Mensah Frimpong. The Court continues the Motion #21 to November 10, 2022 at 10:00 a.m.. Plaintiff Grover Theus is personally ordered to appear. The Court orders Plaintiff's counsel to pursue additional efforts to reach their client regarding the Motion and the November 10th hearing date. (See document for further details) Court Reporter: Myra Ponce. (yl) |
| Filing 30 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the parties' Requests #26 #27 , #29 and finding good cause therefor, hereby GRANTS the Request and ORDERS all parties are permitted to appear via Zoom at the hearing set on August 4, 2022, at 10:00 a.m. The Zoom link is found on the Court's website: https://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong.Prior to the hearing, the parties must consult the Guidelines for Zoom Courtroom Proceedings found on the Court's website. Failure to comply with the Guidelines may result in future requests for Zoom appearances being denied. The Court previously ordered Plaintiff Grover Theus to be personally present for this hearing. If Mr. Theus also prefers to appear via Zoom, the Court requests that he provide email notice by August 3 at 5:00 p.m. at MEMF_Chambers@cacd.uscourts.gov. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 29 REQUEST for Leave of Stephen Yang to Appear REMOTELY AT THE HEARING ON PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW AS PLAINTIFFS COUNSEL OF RECORD filed by Defendant KAG West, LLC. Request set for hearing on 8/4/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order) (Yang, Stephen) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave of Stephen Yang to Appear REMOTELY AT THE HEARING ON PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW AS PLAINTIFFS COUNSEL OF RECORD #27 . The following error(s) was/were found: Proposed orders SHALL NOT have counsels name, address, and phone number in the upper left corner. Please refer to the Judge's Procedure page at http://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong for counsel to review the Proposed Order Sample. A new proposed order must be re-submitted in accordance with the Judge's procedures and posted sample. (yl) |
| Filing 27 REQUEST for Leave of Stephen Yang to Appear REMOTELY AT THE HEARING ON PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW AS PLAINTIFFS COUNSEL OF RECORD filed by Defendant KAG West, LLC. Request set for hearing on 8/4/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Yang, Stephen) |
| Filing 26 REQUEST for Leave of Sandra Acosta Tello to Appear for Remote Appearance filed by Plaintiff Grover Theus. Request set for hearing on 8/4/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order) (Wong, Gregory) |
| Filing 25 DECLARATION of Sandra Acosta Tello Re Service of Notice of Hearing and Personal Appearance of Plaintiff filed by Plaintiff Grover Theus. (Wong, Gregory) |
| Filing 24 Notice of Hearing and Personal Appearance of Plaintiff Grover Theus filed by Plaintiff Grover Theus. (Wong, Gregory) |
| Filing 23 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court has reviewed Plaintiffs' counsel's Motion to Withdraw as Counsel #21 and, given the nature of the proceeding, ORDERS that Plaintiffs be personally present at the hearing. The parties and their counsel are advised to be prepared to answer the following question: Per Local Rule 83-2.3.5, if the Motion for Withdrawal is granted, will there be any foreseeable delay in the case schedule? This hearing shall proceed in person, unless otherwise requested by the parties. Requests to appear remotely must be filed no later than one (1) week prior to the hearing. The Zoom link provided on the Chambers website may be used only if ordered by the Court.The hearing remains set for August 4, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Withdraw Attorney of Record #21 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed orders SHALL NOT have counsels name, address, and phone number in the upper left corner. Please refer to the Judges Procedure page at http://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong for counsel to review the Proposed Order Sample. A new proposed order must be re-submitted in accordance with the Judge's procedures and posted sample. (yl) |
| Filing 21 NOTICE OF MOTION AND MOTION to Withdraw Attorney of Record filed by Plaintiff Grover Theus. Motion set for hearing on 8/4/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration Declaration of Sandra Acosta Tello, #2 Proposed Order) (Wong, Gregory) |
| Filing 20 JOINT REPORT of re Arbitration Status filed by Plaintiff Grover Theus. (Wong, Gregory) |
| Filing 19 STATUS REPORT filed by Plaintiff Grover Theus. (Wong, Gregory) |
| Filing 18 STATEMENT JOINT CASE MANGEMENT STATEMENT filed by Defendant KAG West, LLC (Johnsrud, Brian) |
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Filing 17
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the Order for complete details. IT IS SO ORDERED. (kd)
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Filing 16
ORDER OF THE CHIEF JUDGE (#22-025) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge Otis D. Wright, II to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07552-MEMF-KSx. (aco)
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| Filing 15 STATUS REPORT JOINT STATUS REPORT filed by Defendant KAG West, LLC. (Johnsrud, Brian) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court is in receipt of the parties' Stipulation to Stay the Case Pending Arbitration #13 . Accordingly, all further proceedings in this action are STAYED. All dates and deadlines are VACATED. The Court ORDERS the parties to file a joint status report every 90 days until this action is reinstated, with the status of the arbitrationproceedings. The first joint status report must be filed no later than January 11, 2022. (lc)
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| Filing 13 STIPULATION to Stay Case pending ARBITRATION filed by defendant KAG West, LLC. (Attachments: #1 Proposed Order GRANTING STIPULATION TO SUBMIT ACTION TO FINAL AND BINDING ARBITRATION)(Johnsrud, Brian) |
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Filing 12
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Stay Case #11 , for the following reasons: failure to comply with L.R. 5-4.3.4(a)(2). (lc)
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| Filing 11 (STRICKEN PER 10/12/21 ORDER DOCKET NO. 12 STIPULATION to Stay Case pending Final & Binding Arbitration filed by defendant KAG West, LLC. (Attachments: #1 Proposed Order GRANTING STIPULATION TO SUBMIT ACTION TO FINAL AND BINDING ARBITRATION)(Johnsrud, Brian) Modified on 10/13/2021 (lc). |
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Filing 10
ORDER that the Scheduling Conference is set for December 6, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07552 ODW(KSx). (rn)
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| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Gregory P Wong counsel for Plaintiff Grover Theus. Adding Sandra Acosta Tello as counsel of record for Grover Theus for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Wong, Gregory) |
| Filing 6 PROOF OF SERVICE filed by Defendant KAG West, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #4 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #5 served on 9/23/2021. (Johnsrud, Brian) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Karen L. Stevenson. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Grover Theus in Los Angeles Superior Court on 8/20/2021, attached as Exhibit A. (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant KAG West, LLC in Los Angeles Superior Court on 9/20/2021, attached as Exhibit F.(jtil) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendant KAG West, LLC identifying The Kenan Advantage Group, Inc. as Corporate Parent. (Johnsrud, Brian) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21LBCV00440 Receipt No: ACACDC-32022166 - Fee: $402, filed by Defendant KAG West, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Stephen N. Yang iso Defendant KAG West, LLC's Notice of Removal, #3 Declaration of Jacqueline A. Musacchia iso Defendant KAG West, LLC's Notice of Removal, #4 Proof of Service) (Attorney Brian Lee Johnsrud added to party KAG West, LLC(pty:dft))(Johnsrud, Brian) |
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