Patrick Burgess v. Capital Brands, LLC et al
| Patrick Burgess |
| Capital Brands, LLC and NUTRIBULLET, LLC |
| 2:2022cv03727 |
| June 1, 2022 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Otis D Wright |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 20 RESPONSE filed by Defendant Capital Brands, LLC Response to the Court's June 29, 2022 Order to Show Cause (Stoltz, Jeffrey) |
| Filing 19 RESPONSE filed by Plaintiff Patrick Burgessto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines/Hearings,,,,,,,,, #18 (Attachments: #1 Declaration of Jordon Harlan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Harlan, Jordon) |
Filing 18
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Subject Matter Jurisdiction (Complete Diversity and Amount in Controversy). Plaintiff, as the party asserting subject matter jurisdiction, is ORDEREDTO SHOW CAUSE, in writing only, to be received by the Court no later than July 6, 2022, why this case should not be dismissed for lack of subject matter jurisdiction. Defendants may file a response no later than July 13, 2022. Briefs shall be limited to eight (8) pages. The parties should understand this Order to be a dual-pronged inquiry into both the facial sufficiency of Plaintiff's jurisdictional allegations as well as the factual sufficiency of Plaintiff'sdemonstration of diversity jurisdiction, which the Court now calls on Plaintiff to make. The parties are accordingly encouraged to submit declarations or other evidence in support of their jurisdictional contentions. As Plaintiff is the party asserting federal jurisdiction, Plaintiff's failure to timely andadequately respond to this order shall result in dismissal of the case without prejudice and without further warning. (lc)
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Filing 17
ORDER that the Scheduling Conference is set for August 22, 2022 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 16 Certification and NOTICE of Interested Parties filed by Defendant All Defendants, (Attorney Jeffrey Bruce Stoltz added to party Nutribullet, LLC(pty:dft))(Stoltz, Jeffrey) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Capital Brands, LLC.(Attorney Jeffrey Bruce Stoltz added to party Capital Brands, LLC(pty:dft))(Stoltz, Jeffrey) |
| Filing 14 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING Pro Hac Vice Application #12 . Attorney Adam J. Kress applies to appear pro hac vice on behalf of Plaintiff Patrick Burgess. Setting aside any procedural errors in the Application, the Court notes that Attorney Kress has been granted permission to appear pro hac vice in the Central District of California eight times in the past two years. This is too high a number of denying #12 Non-Resident Attorney APPLICATION to Appear Pro Hac Vice. (lc) |
| Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Adam J. Kress to Appear Pro Hac Vice on behalf of Plaintiff Patrick Burgess (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33422340) #12 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 12 APPLICATION of Non-Resident Attorney Adam J. Kress to Appear Pro Hac Vice on behalf of Plaintiff Patrick Burgess (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33422340) filed by Plaintiff Patrick Burgess. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Harlan, Jordon) |
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Filing 11
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 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam J. Kress. 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. (sh) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Capital Brands, LLC, Nutribullet, LLC. (Attachments: #1 Nutribullet) (sh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jacqueline Chooljian. (sh) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff Patrick Burgess, identifying Patrick Burgess, Harlan Law, PC, Johnson Becker, PLLC, Capital Brands, LLC, Nutribullet, LLC. (Harlan, Jordon) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Patrick Burgess. (Harlan, Jordon) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Patrick Burgess. (Harlan, Jordon) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Patrick Burgess. (Harlan, Jordon) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33395855 - Fee: $402, filed by Plaintiff Patrick Burgess. (Attorney Jordon R. Harlan added to party Patrick Burgess(pty:pla))(Harlan, Jordon) |
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