Kathryn Zimmie v. H. Ty Warner
| Kathryn Zimmie |
| H. Ty Warner and Fairway BB Property, LLC |
| 2:2021cv07853 |
| October 1, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 41 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #22 , filed by Plaintiff Kathryn Zimmie (Attachments: #1 Exhibit, #2 Exhibit)(Gibbs, William) |
| Filing 40 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before the Magistrate Judge, this case remains assigned to Magistrate Judge Alexander F. MacKinnon for final disposition re: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #25 , Consent to Proceed before U S Magistrate Judge (non-AUSA) - Non-Final #38 (rn) |
| Filing 39 CERTIFICATE of Interested Parties filed by Defendant Fairway BB Property, LLC, (Katz, Jared) |
| Filing 38 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Defendant Fairway BB Property, LLC. (Katz, Jared) |
| Filing 37 WAIVER OF SERVICE Returned Executed filed by Plaintiff Kathryn Zimmie. upon Fairway BB Property, LLC waiver sent by Plaintiff on 10/21/2021, answer due 12/20/2021. Waiver of Service signed by Jared M. Katz. (Gibbs, William) |
Filing 36
ORDER ON STIPULATION FOR: 1. TIME TO FILE SECOND AMENDED COMPLAINT; AND 2. TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY NOT MORE THAN 30 DAYS [L.R. 8-3] by Magistrate Judge Alexander F. MacKinnon, the Court hereby orders as follows: 1. Plaintiff shall have until November 19, 2021, to file and serve her Second Amended Complaint without leave of court. 2. Defendants (including any named defendant in the Second Amended Complaint) shall have until December 17, 2021, to file and serve their responses to the Second Amended Complaint. re Stipulation for Extension of Time #34 . (es)
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Filing 35
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: This case was randomly assigned to Magistrate Judge MacKinnon for all purposes pursuant to General Order 12-02 and Local Rule 73-2. Plaintiff Kathryn Zimmie and defendant H. Ty Warner have filed consent forms (ECF #25 and #26 ). However, defendant Fairway BB Property, LLC, which was added as a party in the First Amended Complaint, has not yet filed a consent form. In addition, plaintiff must file a proof of service within 10 days of service of the summons and complaint upon a defendant. The filing of the proof of service allows the court to calculate when the consent form is due. Therefore, plaintiff shall immediately file a proof of service as to defendant Fairway BB Property, LLC. re: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #25 , Statement #26 . [See document for further details.] (es)
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| Filing 34 STIPULATION for Extension of Time to File Second Amended Complaint and Response to Second Amended Complaint filed by Defendants Fairway BB Property, LLC, H. Ty Warner. (Attachments: #1 Proposed Order)(Attorney Jared M Katz added to party Fairway BB Property, LLC(pty:dft))(Katz, Jared) |
| Filing 33 21 DAY Summons Issued re Amended Complaint/Petition #22 as to Defendant Fairway BB Property, LLC. (es) |
| Filing 32 Request for Clerk to Issue Summons on Amended Complaint/Petition #22 filed by Plaintiff Kathryn Zimmie. (Gibbs, William) |
| Filing 31 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #30 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (es) |
| Filing 30 Request for Clerk to Issue Summons on Amended Complaint/Petition #22 filed by Plaintiff Kathryn Zimmie. (Gibbs, William) |
| Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended Complaint/Petition #22 by Magistrate Judge Alexander F. MacKinnon. Plaintiff shall present a summons on the first Amended Complaint electronically for issuance by the Clerk, using the Courts CM/ECF System as soon as possible. (L.R. 4-1 and L.R. 5-4.2). (es) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #22 . The following error(s) was/were found: No Summons efiled with First Amended Complaint. L.R. 4-1 Summons - Presentation for Issuance. The summons must be prepared using an approved form of summons, available from the Courts website, www. cacd.uscourts.gov. Unless exempted from electronic filing pursuant to L.R. 5-4.2, the summons must be presented electronically for issuance by the Clerk, using the Courts CM/ECF System. 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. (es) |
| Filing 27 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Therese L. Tully to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32145311) #21 , APPLICATION of Non-Resident Attorney Gregory J. Scandaglia to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32145051) #20 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. (lt) |
| Filing 26 STATEMENT Consent to Proceed Before a United States Magistrate Judge filed by Defendant H. Ty Warner (Katz, Jared) |
| Filing 25 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Gibbs, William) |
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Filing 24
ORDER by Magistrate Judge Alexander F. MacKinnon: Granting #21 Non-Resident Attorney Therese L. Tully APPLICATION to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner, designating Jared M. Katz as local counsel. (es)
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Filing 23
ORDER by Magistrate Judge Alexander F. MacKinnon: Granting #20 Non-Resident Attorney Gregory J. Scandaglia APPLICATION to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner, designating Jared M. Katz as local counsel. (es)
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| Filing 22 First AMENDED COMPLAINT against Defendants H. Ty Warner, Fairway BB Property, LLC amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Kathryn Zimmie(Gibbs, William) |
| Filing 21 APPLICATION of Non-Resident Attorney Therese L. Tully to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32145311) filed by Defendant H. Ty Warner. (Attachments: #1 Proposed Order) (Katz, Jared) |
| Filing 20 APPLICATION of Non-Resident Attorney Gregory J. Scandaglia to Appear Pro Hac Vice on behalf of Defendant H. Ty Warner (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32145051) filed by Defendant H. Ty Warner. (Attachments: #1 Proposed Order) (Katz, Jared) |
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Filing 19
ORDER by Magistrate Judge Alexander F. MacKinnon: Granting #17 Non-Resident Attorney Jason E. Luckasevic APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie, designating Robert M. Cohen as local counsel. (es)
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Filing 18
ORDER by Magistrate Judge Alexander F. MacKinnon: Granting #13 Non-Resident Attorney William T. Gibbs APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie, designating Robert M. Cohen as local counsel. (es)
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| Filing 17 Amended APPLICATION of Non-Resident Attorney Jason E. Luckasevic to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie (Pro Hac Vice Fee - $500 Previously Paid on 10/7/2021, Receipt No. ACACDC-32116931) filed by Attorney for Plaintiff Kathryn Zimmie. (Cohen, Robert) |
| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jason E. Luckasevic to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32116931) #12 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state courts to which the applicant has been admitted are not listed. (lt) |
| Filing 15 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (ib) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Robert M. Cohen counsel for Plaintiff Kathryn Zimmie. Adding Robert M. Cohen as counsel of record for Kathryn Zimmie for the reason indicated in the G-123 Notice. Filed by Attorney for Plaintiff Robert M. Cohen. (Cohen, Robert) |
| Filing 13 APPLICATION of Non-Resident Attorney William T. Gibbs to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32117058) filed by Attorney for Plaintiff Kathryn Zimmie. (Attachments: #1 Proposed Order) (Cohen, Robert) |
| Filing 12 APPLICATION of Non-Resident Attorney Jason E. Luckasevic to Appear Pro Hac Vice on behalf of Plaintiff Kathryn Zimmie (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32116931) filed by Attorney for Plaintiff Kathryn Zimmie. (Attachments: #1 Proposed Order Luckasevic Proposed Order for PHV) (Cohen, Robert) |
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Filing 11
ORDER ON STIPULATION FOR: 1. TIME TO FILE FIRST AMENDED COMPLAINT; AND 2. TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY NOT MORE THAN 30 DAYS [L.R. 8-3] by Magistrate Judge Alexander F. MacKinnon. Based on the parties stipulation filed on October 5, 2021 (Doc. #9 ), the Court hereby orders as follows: 1. Plaintiff shall have until October 15, 2021, to file and serve her First Amended Complaint without further leave of court. 2. Defendants (including any named defendant in the First Amended Complaint) shall have until November 12, 2021, to file and serve his response to the First Amended Complaint. (es)
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| Filing 10 DEMAND for Jury Trial filed by Defendant H. Ty Warner.. (Katz, Jared) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to H. Ty Warner answer now due 11/12/2021, filed by Defendant H. Ty Warner. (Attachments: #1 Proposed Order)(Katz, Jared) |
| Filing 8 PROOF OF SERVICE filed by Defendant H. Ty Warner, re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Notice (Other) #4 served on 10/1/2021. (Katz, Jared) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William T Gibbs on behalf on 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. 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. (ghap) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jason E Luckasevic on behalf on 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. 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. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendant H. Ty Warner. Jury Demanded., filed by plaintiff Kathryn Zimmie. (FILED IN STATE COURT ON 9/1/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Kathryn Zimmie, upon Defendant H. Ty Warner served on 9/2/2021, answer due 9/23/2021. Service of the Summons and Complaint were executed upon By Electronic Mail to: Gregory J Scandiaglia, Esq in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (FILED IN STATE COURT ON 9/9/2021 SUBMITTED ATTACHED EXHIBIT B) (ghap) |
| NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Kathryn Zimmie, upon Defendant H. Ty Warner acknowledgment sent by Plaintiff on 9/7/2021, answer due 9/28/2021. Acknowledgment of Service signed by Gregory Scandaylia, Attorney for defendant H.Ty Warner. (SUBMITTED ATTACHED EXHIBIT B) (ghap) |
| Filing 4 NOTICE of Pendency of Other Actions or Proceedings (Local Rule 83-1.4) filed by Defendant H. Ty Warner. (Katz, Jared) |
| Filing 3 Defendant's NOTICE of Interested Parties filed by Defendant All Defendants, identifying H. Ty Warner. (Katz, Jared) |
| Filing 2 CIVIL COVER SHEET filed by Defendant H. Ty Warner. (Katz, Jared) |
| Filing 1 NOTICE OF REMOVAL from Santa Barbara, case number 21CV03511 Receipt No: ACACDC-32086003 - Fee: $402, filed by Defendant H. Ty Warner. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Record/Docket, #3 Declaration Declaration of H. Ty Warner, #4 Declaration Declaration of Cathy Hwang) (Attorney Jared M Katz added to party H. Ty Warner(pty:dft))(Katz, Jared) |
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