Lois O Brien v. Ray Exley et al
| Lois O Brien |
| Juliana Loza-Exley, Ray Exley and Jill Loza-Exley |
| Juliana Loza |
| Athena Medical Group Inc. Defined Benefit Pension Plan Number 1, Athena Medical Group Inc. Defined Contribution Pension Plan Number 3, The Athena Medical Group Inc. Retirement Trust and Athena Medical Group Inc. Nevada |
| 2:2022cv02256 |
| April 4, 2022 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Stephen V Wilson |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 Mail Returned addressed to Lois O Brien re Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #28 (rolm) |
| Filing 31 Receipt of Letter of Transmittal- Remand to Superior Court (rolm) |
| Filing 30 Mail Returned addressed to Lois O Brien re Order on Motion for Pro Se Electronic Filing - CV-5 O, #21 (rolm) |
Filing 29
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson: Respondent Loza-Exleys request for reconsideration and vacatur of the remand order is denied. Not only does the motion fail to present a cognizable claim for relief, but the Court is without jurisdiction to consider Exleys motion. See 28 U.S.C. 1447(d) (An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise). Moreover, the Notice of Removal lacked any ground for subject matter jurisdiction, and was an untimely and objectively unreasonable attempt to have this Court modify rulings made in a state court proceeding. The Court therefore DENIES Loza-Exleys request. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Extension of Time to File RESPONSE TO MOTION TO REMAND #27 . 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. (aco) |
| Filing 27 NOTICE OF MOTION AND MOTION for Extension of Time to File RESPONSE TO MOTION TO REMAND filed by RESONDENT Juliana Loza-Exley. (Attachments: #1 Declaration Declaration of JULIANA LOZA, #2 Exhibit 101 Minute Order State Civil, #3 Exhibit 102 Minutes Order TRO, #4 Exhibit 103 MetLife attempt at Insurance Fraud, #5 Exhibit 104 Directing OBrien to transfer MetLife Policy, #6 Exhibit 105 Gen Am 1979 DB Policy, #7 Exhibit 106 IRS DOL LETTERS DETERMINATION, #8 Exhibit 107 Athena DB 5500) (Loza-Exley, Juliana) |
| Filing 26 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No. BD468094. (lc) |
| Filing 25 MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson: ORDER GRANTING UNOPPOSED MOTION TO REMAND. Petitioner is awarded fees of $6,960.56. (SEE DOCUMENT FOR SPECIFICS ) #11 . Case is Remanded to Los Angeles County Superior Court Case No. BD468094. MD JS-6. Case Terminated. (lc) |
| Filing 24 DECLARATION of Alisa M. Morgenthaler in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 and Dkt. No. 23 filed by Petitioner Lois O Brien. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Morgenthaler, Alisa) |
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Filing 23
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Remand Case to Los Angeles Superior Court filed by Petitioner Lois O Brien #11 : The hearing on the motion to remand previously scheduled for 06/13/22 at 1:30 p.m. is vacated and off-calendar. The motion is GRANTED. An accompanying order shall issue. Counsel for Petitioner is ORDERED to file a billing statement or other documents corroborating the requested fee award by Thursday, June 16, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 22 REPLY support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Petitioner Lois O Brien. (Attachments: #1 Proposed Order)(Morgenthaler, Alisa) |
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Filing 21
ORDER by Judge Stephen V. Wilson: granting #17 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lom)
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Filing 20
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 19 SCHEDULING NOTICE re: MOTION to Remand Case to Los Angeles Superior Court #11 - The hearing previously scheduled for 06/10/2022 at 10:00 am has been rescheduled to 6/13/2022 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 18
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:17-cv-02410 SVW(AJWx). Case transferred from Judge Andre Birotte Jr to Judge Stephen V. Wilson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-02256 SVW(PVCx). Signed by Judge Stephen V. Wilson (rn)
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| Filing 17 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Defendant Juliana Loza Exley. (lom) |
| Filing 16 Certification and NOTICE of Interested Parties filed by Petitioner Lois O Brien, (Morgenthaler, Alisa) |
| Filing 15 NOTICE OF LODGING filed by Petitioner Lois O'Brien re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 (Attachments: #1 Proposed Order)(Morgenthaler, Alisa) |
| Filing 14 PROOF OF SERVICE filed by Petitioner Lois O Brien, re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 served on May 4, 2022. (Morgenthaler, Alisa) |
| Filing 13 EXHIBIT 17-31 to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Petitioner Lois O Brien. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Morgenthaler, Alisa) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Petitioner Lois O Brien. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Morgenthaler, Alisa) |
| Filing 11 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Petitioner Lois O Brien. Motion set for hearing on 6/10/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attorney Alisa M Morgenthaler added to party Lois O Brien(pty:pet)) (Morgenthaler, Alisa) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: #8 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Correct event: Applications/Ex Parte Applications/ Motions/Petitions/Requests > Substitute Attorney (G-01). The filer used the event, Notices > Withdrawal (Document or Motion). Lacking proof of service upon pro se party, F.R.Civ.P. 5. 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. (gk) |
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Filing 10
ORDER by Judge Andre Birotte Jr. Granting Request for Approval of Substitution of Defendant Jill Loza-Exley, pro se, in place of Attorney Jerry Kaplan #8 . (gk)
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| Filing 8 [REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY filed as] Notice of Withdrawal of Motion to Withdraw as Attorney, #7 filed by Respondent Juliana Loza Exley. (Attachments: #1 Proposed Order)(Kaplan, Jerry) Modified on 4/21/2022 (lom). Modified on 4/21/2022 (lom). |
| Filing 7 NOTICE OF MOTION AND MOTION of Jerry Kaplan to Withdraw as Attorney filed by Respondent Juliana Loza Exley. Motion set for hearing on 5/20/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Kaplan, Jerry) |
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (pg)
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| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Attachment 1 Civil Cover Sheet should be e-filed separately. The correct event category is located under Civil Events Other Filings Miscellaneous Filings. (car) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BD468094 Receipt No: ACACDC-33071760 - Fee: $402, filed by Plaintiff Juliana Loza. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit) (Attorney Jerry Kaplan added to party Juliana Loza(pty:ip))(Kaplan, Jerry) |
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