Sabra Harris v. Walmart Inc. et al
| Sabra Harris |
| Walmart Inc., Neil Batarseh and Does 1 to 100, inclusive |
| 2:2022cv02540 |
| April 15, 2022 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Stanley Blumenfeld |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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Filing 40
FINANCIAL ENTRY: Received $500.00 into the registry of the Court from Andrew Lopez. Re: Show Cause Hearing - optional html form,,,, #39 . Receipt number LA239800. (Estrada, Erick)
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Filing 39
MINUTES OF HEARING ON ORDER TO SHOW CAUSE RE: SANCTIONS AND ORDER IMPOSING RULE 11 SANCTIONS ON ATTORNEY ANDREW LOPEZ held before Judge Stanley Blumenfeld, Jr.: The Court held a hearing on its order to show cause (OSC) why sanctions should not be imposed on Plaintiff's attorneys Erick Novik and Andrew Lopez. The Court declines to impose monetary sanctions on Novik. The Court instead SANCTIONS attorney Erick Novik by ADMONISHING him for his failure to follow the Court's rules and to ensure that the attorneys he supervises conducted themselves appropriately. Having considered Lopez's written and oral responses to the OSC, the Court concludes that he violated Rule 11(b) by misrepresenting facts to the Court--knowingly in at least one instance--and that monetary sanctions are warranted. Accordingly, the Court SANCTIONS attorney Andrew Lopez in the amount of $500 to be paid into the Fiscal Section of the Clerk's office no later than 6/10/2022. Because the Court finds no exceptional circumstances, Lopez's law firm, the Novik Law Group, is jointly responsible for this sanction. Court Reporter: Deborah Parker. (gk)
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Filing 38
REPLY to Oposition to Motion to Remand and for Sanctions filed by Plaintiff Sabra Harris. (Attachments: #1 Declaration of Tara Heckard-Bryant in Support of Reply to Opposition to Motion to Remand and for Sanctions)(Lopez, Andrew)
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Filing 37
TRANSCRIPT ORDER as to Defendant Walmart Inc. for Court Reporter. Court will contact Liana Bickford at lbickford@ohaganmeyer.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Peters, Theodore)
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Filing 36
DECLARATION of Erick Novik // Further Declaration Re: Order to Show Cause filed by Plaintiff Sabra Harris. (Novik, Erick)
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Filing 35
DECLARATION of Debbie Ristovski filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 34
DECLARATION of Sanay B. Panchal filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 33
DECLARATION of Erick Novik Re: Order to Show Cause filed by Plaintiff Sabra Harris. (Novik, Erick)
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Filing 32
DECLARATION of Tara Heckard-Bryant Re: Order to Show Cause Re Sanctions filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 31
DECLARATION of Andrew J. Lopez Re: The Court's Order to Plaintiff's Counsel to Show Cause at the OSC Hearing on June 3, 2022 filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 30
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Defendant Walmart Inc.. (Attachments: #1 Declaration Declaration of Sanay Panchal, #2 Evidentiary Objections, #3 Proposed Order)(Peters, Theodore)
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Filing 29
Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Jason Lopez counsel for Plaintiff Sabra Harris. Adding Tara Heckard Bryant as counsel of record for Sabra Harris for the reason indicated in the G-123 Notice. Filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 28
PROOF OF SERVICE filed by Plaintiff Sabra Harris, // Proof of Service Re: Plaintiff Sabra Harris' Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26 served on May 23, 2022. (Lopez, Andrew)
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Filing 27
MINUTES OF Mandatory Scheduling Conference and Order to Show Cause Re Sanctions for Failure to File Joint Status Report Hearing held before Judge Stanley Blumenfeld, Jr.: No counsel for Plaintiff was present, either remotely or in person, when the Court took the bench at 8:30 AM or when the hearing began after the Court first called another case. The Court discharged the OSC as to Defendant, concluding that Defendant had not been at fault. Halfway through the hearing, Attorney Tara Heckard-Bryant entered the courtroom late and made her appearance. She was unable to answer the Court's questions about the background of the case (including why Plaintiff had filed suit in December 2020 but had not served Defendant until April 2022) and represented that she had just joined the law firm a week ago and had been assigned to appear because Lopez was out of town. The Court, after reciting some of its concerns, issued a case management order (which is entered separately) and announced that it would issue an additional OSC re: sanctions for Plaintiffs' counsel as follows. It is ORDERED that Plaintiff's lead counsel Erick Novik and Plaintiff's attorney Andrew Lopez shall show cause at a hearing on 6/3/2022 08:00 AM before Judge Stanley Blumenfeld Jr., why the Court should not subject them to sanctions under either Rule 11 or the Court's inherent authority, including monetary sanctions in a reportable amount, for their repeated disregard of the Court's rules and, as to Lopez, for making what appear to be intentional misrepresentations to the Court. Counsel must appear in person at the hearing. Each attorney shall file a written response to this OSC no later than 5/27/2022. It is further ORDERED that Plaintiff shall provide to Defendant her overdue initial disclosures no later than 9 AM on 5/23/2022. Failure to do so will result in sanctions. Court Reporter: Marea Woolrich. (gk)
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Filing 26
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 25
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 24
MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 7/11/2022 are dismissed by operation of this Order and without further notice. The Court has reviewed the Joint Rule 26(f) Report #13 and sets the pretrial and trial dates noted in the table below based on an evaluation of the complexity of the case. Jury Trial set for 12/19/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 12/9/2022 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 7/11/2022. Non-Expert Discovery cut-off 9/9/2022. Discovery Motion Hearing Deadline 9/16/2022. Non-Discovery Motion Hearing Deadline 9/16/2022. Settlement Conference Deadline 9/30/2022. Post-Settlement Status Conference set for 10/14/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 10/7/2022. Trial Filings (First Set) Deadline 11/18/2022. Trial Filings (Second Set) Deadline 11/25/2022. See document for further details. Court Reporter: N/A. (gk)
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Filing 23
DECLARATION of Andrew J. Lopez Re: Details of Pre-Planned Vacation filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 22
MINUTE ORDER by Judge Stanley Blumenfeld, Jr.: This case is set for a Mandatory Scheduling Conference and hearing on the Court's order to show cause re: sanctions on 5/20/2022. The former was scheduled more than three weeks ago. On the afternoon of 5/18/2022, Plaintiff's counsel filed a declaration stating that he has a pre-planned vacation and will be out of town on 5/20/2022 and that "[d]ue to unforeseen circumstances, [he is] no longer able to appear at the upcoming MSC/OSC in-person" #21 . Plaintiff requests to be allowed to appear remotely. Plaintiff's counsel is to file a declaration by 6 PM today (5/19/2022), stating when he arranged the pre-planned vacation, the dates when and the location where he is on vacation, and documentation in the form of an exhibit supporting the arrangements and details. Plaintiff has not shown good cause to appear remotely. In the meantime, the Court will allow Plaintiffs counsel to appear remotely by videoconference in this instance and will determine whether further action is warranted. See document for further details. Court Reporter: N/A. (gk)
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Filing 21
DECLARATION of Andrew J. Lopez Re: Good Cause for Plaintiff's Counsel to Appear Remotely at upcoming MSC/OSC filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 20
NOTICE of Interested Parties filed by Plaintiff Sabra Harris, (Lopez, Andrew)
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Filing 19
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #17 ) is accepted as filed. The filer has until close of business day (4:30 PM PST) on May 18, 2022 to file their Notice of Interested Parties in accordance with LR 7.1-1. (jgr)
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Filing 18
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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 17
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Sabra Harris. Motion set for hearing on 6/17/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Andrew J. Lopez in Support of Motion for Remand, #2 Proposed Order, #3 Certificate of Service) (Attorney Andrew Jason Lopez added to party Sabra Harris(pty:pla)) (Lopez, Andrew)
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Filing 16
DECLARATION of Andrew J. Lopez Re: Order to Show Cause for Failure to Timely File FRCP 26(f) Joint Report filed by Plaintiff Sabra Harris. (Lopez, Andrew)
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Filing 15
DECLARATION of Sanay B. Panchal re Joint Report Rule 26(f) Discovery Plan #13 filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 14
Notice of Appearance or Withdrawal of Counsel: for attorney Theodore C Peters counsel for Defendant Walmart Inc.. John Beemer is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 13
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 to 7 Days, filed by Plaintiff Sabra Harris.. (Lopez, Andrew)
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Filing 12
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Stanley Blumenfeld, Jr.: The parties were ordered to file a Joint Rule 26(f) Report by May 10, 2022 and failed to do so. The parties are ordered to show cause on May 20, 2022 in Courtroom 6C at 8:30 a.m. why they and their counsel should not be sanctioned for this failure, including case dismissal for lack of prosecution and monetary sanctions. Each party is to file a declaration in response to this OSC and any Joint Rule 26(f) Report by no later than May 13, 2022 at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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Filing 11
Notice of Appearance or Withdrawal of Counsel: for attorney Theodore C Peters counsel for Defendant Walmart Inc.. Adding Sanay Panchal as counsel of record for Walmart Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 10
DEMAND for Jury Trial filed by Defendant Walmart Inc... (Peters, Theodore)
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Scheduling Conference set for hearing on May 20, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by May 10, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 8
ANSWER to Complaint - (Discovery) filed by Defendant Walmart Inc..(Peters, Theodore)
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Filing 7
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 6
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (rolm)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (rolm)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Paul L. Abrams. (rolm)
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Filing 3
NOTICE of Interested Parties filed by Defendant Walmart Inc., identifying Sabra Harris, Walmart Inc., Neil Batarseh, O'Hagan Meyer, Novik Law Group. (Peters, Theodore)
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Filing 2
CIVIL COVER SHEET filed by Defendant Walmart Inc.. (Peters, Theodore)
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Filing 1
NOTICE OF REMOVAL from California Superior Court for the County of Los Angeles, case number 20STCV49550 Receipt No: ACACDC-33136662 - Fee: $402, filed by defendant Walmart Inc.. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Statement of Damages, #3 Exhibit Civil Case Cover Sheet, Addendum, Notice of Assignment, #4 Exhibit Notice of Filing of Removal) (Attorney Theodore C Peters added to party Walmart Inc.(pty:dft))(Peters, Theodore)
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CONFORMED E-FILED COPY OF COMPLAINT against defendants Neil Batarseh, Does, Walmart Inc., filed by plaintiff Sabra Harris. [FILED IN STATE COURT ON 12/29/2020 SUBMITTED AS ATTACHMENT 1-1 AS EXHIBIT 1 TO NOTICE OF REMOVAL #1 ] (rolm)
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