Miguel Gonzalez et al v. Carnival Corporation et al
| Miguel Gonzalez and Carla Gonzalez |
| Carnival Corporation, Carnival PLC and Princess Cruise Lines Ltd. |
| 2:2021cv08261 |
| October 19, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Autumn D Spaeth |
| Marine |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 55
ORDER SETTING BRIEFING SCHEDULE by Judge Andre Birotte Jr., re Stipulation #53 : The Court has considered the Parties' Stipulation to Set Briefing Schedule and hereby approves it, with minor modifications. The following deadlines now apply to this matter: Deadline for Plaintiffs to file any Amended Complaint: December 3, 2021; Defendants' Motion to Dismiss: December 22, 2021; Plaintiffs' Response in Opposition to Motion to Dismiss: January 14, 2022; Defendants' Reply in support of Motion to Dismiss: January 21, 2022; Hearing on Motion to Dismiss: February 4, 2022. (bm)
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| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation To Set Briefing Schedule #53 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-Order. 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. (bm) |
| Filing 53 Stipulation to Set Briefing Schedule filed by Defendants Carnival Corporation, Carnival PLC, Princess Cruise Lines Ltd. (Attachments: #1 Proposed Order)(Hughes, Jonathan) |
| Filing 52 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 51 NOTICE of Related Case(s) filed by Defendant Carnival Corporation, Carnival PLC, Princess Cruise Lines Ltd.. Related Case(s): 2:21-cv-01195- DPP-GJS (Hughes, Jonathan) |
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Filing 50
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 49 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 48 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Autumn D. Spaeth. (jtil) |
| Filing 47 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 4:21-cv-04682, 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-08261 AB (ADSx). (jtil) |
| Filing 46 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 45
ORDER DENYING #28 Motion to Remand and GRANTING #14 Motion to Transfer Case. Signed by Judge Jeffrey S. White on October 18, 2021. (jswlc3S, COURT STAFF) (Filed on 10/18/2021) [Transferred from California Northern on 10/21/2021.]
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| Filing 44 REPLY (re #28 MOTION to Remand ) to Defendants' Sur-Reply filed byCarla Gonzalez, Miguel Gonzalez. (Nelson, Gretchen) (Filed on 10/12/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 43
ORDER VACATING HEARING, DENYING #14 MOTION TO DISMISS WITHOUT PREJUDICE, ANDPERMITTING SUR-REPLY. Signed by Judge Jeffrey S. White on 10/5/21. (jjoS, COURT STAFF) (Filed on 10/5/2021) [Transferred from California Northern on 10/21/2021.]
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Filing 42
ORDER by Judge Jeffrey S. White granting #41 Motion for Pro Hac Vice re Christopher E. Coleman. (jjoS, COURT STAFF) (Filed on 10/1/2021) [Transferred from California Northern on 10/21/2021.]
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| Filing 41 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16451788.) filed by Carla Gonzalez, Miguel Gonzalez. (Coleman, Christopher) (Filed on 10/1/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 40 OBJECTIONS to re #36 ADMINISTRATIVE MOTION For Leave To File Sur-Reply re #28 MOTION to Remand by Carla Gonzalez, Miguel Gonzalez. (Nelson, Gretchen) (Filed on 9/27/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 39
ORDER CONTINUING HEARING DATE Signed by Judge Jeffrey S. White on 9/27/21. Motion Hearing set for 10/8/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 9/27/2021) [Transferred from California Northern on 10/21/2021.]
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Filing 38
ORDER by Judge Jeffrey S. White granting #37 Motion for Pro Hac Vice re Christopher M. Odell. (jjoS, COURT STAFF) (Filed on 9/27/2021) [Transferred from California Northern on 10/21/2021.]
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| Set/Reset Deadlines as to #14 Joint MOTION to Transfer Case MOTION to Dismiss . Motion Hearing set for 10/8/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 9/27/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 37 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16426303.) filed by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Attachments: #1 Certificate of Good Standing)(Odell, Christopher) (Filed on 9/24/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 36 ADMINISTRATIVE MOTION For Leave To File Sur-Reply re #28 MOTION to Remand filed by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. Responses due by 10/1/2021. (Attachments: #1 Exhibit 1: Sur-reply, #2 Proposed Order)(Hughes, Jonathan) (Filed on 9/23/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 35
ORDER OF CLARIFICATION. Signed by Judge Jeffrey S. White on 9/22/2021. (amgS, COURT STAFF) (Filed on 9/22/2021) [Transferred from California Northern on 10/21/2021.]
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| Filing 34 STIPULATION re #12 Order Reassigning Case,,, Case Assigned/Reassigned,, PLAINTIFFS AND DEFENDANTS JOINT REQUEST FOR CLARIFICATION OF FILING DEADLINES FOR FED.R.CIV.P. 26 REPORT AND CASE MANAGEMENT STATEMENT filed by Carla Gonzalez, Miguel Gonzalez. (Llinas Negret, Carlos) (Filed on 9/22/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 33 CLERK'S NOTICE VACATING INITIAL CASE MANAGEMENT CONFERENCE (jjoS, COURT STAFF) (Filed on 9/16/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 32 REPLY (re #28 MOTION to Remand ) filed byCarla Gonzalez, Miguel Gonzalez. (Llinas Negret, Carlos) (Filed on 9/10/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 31 REPLY (re #14 Joint MOTION to Transfer Case MOTION to Dismiss ) filed byCarnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Hughes, Jonathan) (Filed on 9/3/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 30 OPPOSITION/RESPONSE (re #28 MOTION to Remand ) filed byCarnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Attachments: #1 Declaration of Collin Steinke and Exhibits)(Hughes, Jonathan) (Filed on 9/3/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 29
ORDER by Judge Jeffrey S. White granting AS MODIFIED #25 Third Stipulation To Modify Briefing Schedule. (jjoS, COURT STAFF) (Filed on 8/5/2021) [Transferred from California Northern on 10/21/2021.]
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| Set/Reset Deadlines as to #28 MOTION to Remand . Responses due by 9/3/2021. Replies due by 9/10/2021. (jjoS, COURT STAFF) (Filed on 8/5/2021) [Transferred from California Northern on 10/21/2021.] |
| Set/Reset Deadlines as to #14 Joint MOTION to Transfer Case MOTION to Dismiss . Replies due by 9/3/2021. (jjoS, COURT STAFF) (Filed on 8/5/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 28 MOTION to Remand filed by Carla Gonzalez, Miguel Gonzalez. Motion Hearing set for 10/1/2021 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 8/18/2021. Replies due by 8/25/2021. (Llinas Negret, Carlos) (Filed on 8/4/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 27 OPPOSITION/RESPONSE (re #14 Joint MOTION to Transfer Case MOTION to Dismiss ) filed byCarla Gonzalez, Miguel Gonzalez. (Llinas Negret, Carlos) (Filed on 8/4/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 26 Refund Status re #24 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 8/3/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 25 THIRD STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule and Hearing Date for Motion to Transfer or Dismiss filed by Carla Gonzalez, Miguel Gonzalez, Carnival Corporation, Carnival PLC and Princess Cruise Lines, Ltd.. (Alexander, Mary) (Filed on 8/3/2021) Modified on 8/4/2021 (jmlS, COURT STAFF). [Transferred from California Northern on 10/21/2021.] |
| Filing 24 Application for Refund, Receipt Number 0971-16089997 by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Attachments: #1 Duplicate Charge for Receipt No. 0971-1608997)(Hughes, Jonathan) (Filed on 7/22/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 23
ORDER by Judge Jeffrey S. White granting granting as modified #22 Stipulation to Modify Briefing Schedule for Motion to Transfer or Dismiss. (jjoS, COURT STAFF) (Filed on 7/21/2021) [Transferred from California Northern on 10/21/2021.]
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| Set/Reset Deadlines as to #14 Joint MOTION to Transfer Case MOTION to Dismiss . Responses due by 8/4/2021. Replies due by 8/27/2021. (jjoS, COURT STAFF) (Filed on 7/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 22 SECOND STIPULATION TO MODIFY BRIEFING SCHEDULE AND HEARING DATE FOR MOTION TO TRANSFER OR DISMISS; [PROPOSED] ORDER filed by Carla Gonzalez, Miguel Gonzalez, Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd. (Chalos, Mark) (Filed on 7/20/2021) Modified on 7/21/2021 (cjlS, COURT STAFF). [Transferred from California Northern on 10/21/2021.] |
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Filing 21
ORDER GRANTING AS MODIFIED #20 STIPULATION to Modify Briefing Schedule and Hearing Date for Motion to Transfer or Dismiss. Signed by Judge Jeffrey S. White on 7/8/21. Motions For Remand due by 7/21/2021. Responses due by 8/13/2021. Replies due by 8/27/2021. Motions set for 10/1/2021 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 7/21/2021. Replies due by 8/13/2021. (jjoS, COURT STAFF) (Filed on 7/8/2021) Modified on 7/8/2021 (jjoS, COURT STAFF). [Transferred from California Northern on 10/21/2021.]
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| Filing 20 STIPULATION WITH PROPOSED ORDER re #18 Renotice motion hearing, Stipulation to Modify Briefing Schedule and Hearing Date for Motion to Transfer or Dismiss; Proposed Order filed by Carla Gonzalez, Miguel Gonzalez, Princess Cruise Lines, Ltd., Carnival Corporation and Carnival Plc.. (Alexander, Mary) (Filed on 7/7/2021) Modified on 7/8/2021 (anjS, COURT STAFF). [Transferred from California Northern on 10/21/2021.] |
| Set/Reset Deadlines as to #14 Joint MOTION to Transfer Case MOTION to Dismiss . Motion Hearing set for 8/13/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 6/30/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 19 NOTICE of Appearance by Carlos Felipe Llinas Negret (as counsel for Plaintiffs) (Llinas Negret, Carlos) (Filed on 6/29/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 18 Renotice motion hearing re #14 Joint MOTION to Transfer Case MOTION to Dismiss for August 13, 2021 at 9:00 a.m. filed byCarnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Related document(s) #14 ) (Hughes, Jonathan) (Filed on 6/29/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 17
ORDER REGARDING CHAMBERS COPIES. Signed by Judge Jeffrey S. White on 6/29/21. (jjoS, COURT STAFF) (Filed on 6/29/2021) [Transferred from California Northern on 10/21/2021.]
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| Filing 16 CLERK'S NOTICE VACATING HEARING DATE AND DIRECTING COUNSEL TO PROPERLY RE-NOTICE MOTION ON AN OPEN AND AVAILABLE DATE as to #14 Joint MOTION to Transfer Case, MOTION to Dismiss (jjoS, COURT STAFF) (Filed on 6/28/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 15 Declaration of Collin Steinke in Support of #14 Joint MOTION to Transfer Case MOTION to Dismiss filed by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Proposed Order)(Related document(s) #14 ) (Hughes, Jonathan) (Filed on 6/25/2021) Modified on 6/28/2021 (anjS, COURT STAFF). [Transferred from California Northern on 10/21/2021.] |
| Filing 14 Joint MOTION to Transfer Case , MOTION to Dismiss filed by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd.. Motion Hearing set for 7/30/2021 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 7/9/2021. Replies due by 7/16/2021. (Attachments: #1 Proposed Order)(Hughes, Jonathan) (Filed on 6/25/2021) [Transferred from California Northern on 10/21/2021.] |
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Filing 13
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 6/24/21. Joint Case Management Statement due by 9/24/2021. Initial Case Management Conference set for 10/1/2021 11:00 AM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 6/24/2021) [Transferred from California Northern on 10/21/2021.]
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 6/24/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 6/24/2021) [Transferred from California Northern on 10/21/2021.]
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (ndrS, COURT STAFF) (Filed on 6/24/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carnival Corporation, Carnival PLC, Princess Cruise Lines, Ltd... (Hughes, Jonathan) (Filed on 6/23/2021) [Transferred from California Northern on 10/21/2021.] |
| #Electronic filing error. NOTICE TO COUNSEL: Edgar Roy Nield. The docket shows a different address from what is appearing on the document (dkt. #:8 Notice of Appearance fi led by Princess Cruise Lines, Ltd.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| #Electronic filing error. NOTICE TO COUNSEL: Jeffrey Bradford Maltzman. The docket shows a different address from what is appearing on the document (dkt. #:7 Notice of App earance filed by Princess Cruise Lines, Ltd.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| #Electronic filing error. NOTICE TO COUNSEL: Gabrielle De Santis Nield. The docket shows a different address from what is appearing on the document (dkt. #:8 Notice of App earance filed by Princess Cruise Lines, Ltd.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 9 NOTICE of Appearance by Gabrielle De Santis Nield (Nield, Gabrielle) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 8 NOTICE of Appearance by Edgar Roy Nield (Nield, Edgar) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 7 NOTICE of Appearance by Jeffrey Bradford Maltzman (Maltzman, Jeffrey) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/22/2021. Initial Case Management Conference set for 9/29/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 6/21/2021)[Transferred from California Northern on 10/21/2021.] |
| Filing 5 Case assigned to Magistrate Judge Donna M. Ryu. 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 7/6/2021. (anjS, COURT STAFF) (Filed on 6/21/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 4 Certificate of Interested Entities by Princess Cruise Lines, Ltd. identifying Corporate Parent Carnival Corporation for Princess Cruise Lines, Ltd.. (Hughes, Jonathan) (Filed on 6/18/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 3 Certificate of Interested Entities by Carnival Corporation, Carnival PLC identifying Other Affiliate Micky Arison for Carnival Corporation, Carnival PLC. (Hughes, Jonathan) (Filed on 6/18/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 2 NOTICE of Appearance by Jonathan W. Hughes for Defendants Carnival Corporation, Carnival plc, and Princess Cruise Lines, Ltd. (Hughes, Jonathan) (Filed on 6/18/2021) [Transferred from California Northern on 10/21/2021.] |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Marin with jury demand. Their case number is CIV 2100611. (Filing fee $402 receipt number 0971-16090018). Filed by Carnival PLC, Carnival Corporation, Princess Cruise Lines, Ltd.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Hughes, Jonathan) (Filed on 6/18/2021) Modified on 6/21/2021 (jmlS, COURT STAFF). [Transferred from California Northern on 10/21/2021.] |
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