Andrew Garcia v. Home Depot USA, Inc.
| Andrew Garcia |
| HOME DEPOT U.S.A., INC., Home Depot USA, Inc. and DOES 1-10, inclusive |
| 2:2022cv05282 |
| July 29, 2022 |
| US District Court for the Central District of California |
| Steve Kim |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 23
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (lc)
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Filing 22
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Final Pretrial Conference set for 10/2/2023 01:30 PM ; Jury Trial set for 10/24/2023 09:00 AM ; Motion in Limine set for hearing on 10/16/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Defendant Home Depot USA, Inc... (Solano, Amber) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Proof of service Subsequent Document ( re Notice to adverse party re Notice of Removal ). Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 19 CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY AND TO SUPERIOR COURT OF REMOVAL OF ACTION TO FEDERAL COURT filed by Defendant Home Depot USA, Inc. (Attachments: #1 Exhibit 1)(Solano, Amber) |
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff did not timely respond to the Courts Order regarding subject matter jurisdiction #17 . This constitutes a concession that Defendant's allegations as to the amount in controversy are accurate for purposes of subject matter jurisdiction. Accordingly, the Court hereby DISCHARGES the August 8, 2022 Order to Show Cause #14 . (lc)
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On August 8, 2022, the Court ordered Defendant to show cause why this case should not be remanded for lack of subject matter jurisdiction. (ECF No. 14.) Defendant timely and adequately responded. (Def. Resp., ECF No. 16.) Accordingly, the Court now orders Plaintiff to reply to Defendants OSC Response no later than August 23, 2022. Failure of Plaintiff to timely respond to this order will be construed as a concession that Defendants OSC Response accurately represents the amount in controversy in this matter, for purposes of subject matter jurisdiction only. (lc)
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| Filing 16 RESPONSE filed by Defendant Home Depot USA, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #14 (Attachments: #1 Declaration Of Andrew Felt in Support of Response to Order to Show Cause)(Solano, Amber) |
| Filing 15 STATEMENT of Consent to Proceed Before a United States Magistrate Judge filed by Defendant Home Depot USA, Inc. (Solano, Amber) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Defendant is ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than August 15, 2022, why this action should not be remanded for lack of subject-matter jurisdiction (specifically, with respect to the amount in controversy).Defendant is encouraged to submit evidence of the amount in controversy as part of the response to this Order. Failure to timely or adequately respond to this order shall result in a remand without further warning. (lc)
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| Filing 13 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for October 3, 2022 at 1:30 p.m. (lom) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom)
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| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #9 . The following error(s) was/were found: Other error(s) with document(s): Wrong event and form used, the correct event is "Notice">"Notice of Lodging" and the correct form CV 11D form has to be attached. Please refer to General Order 18-11.. 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. (rn) |
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Filing 10
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Magistrate Judge Patricia Donahue. Case transferred from Magistrate Judge Patricia Donahue to the calendar of Judge Otis D. Wright, II and Magistrate Judge Steve Kim for all further proceedings. Case number now reads as 2:22-cv-05282 ODW(SKx). (rn)
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| Filing 9 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Andrew Garcia. (Barari, Neama) |
| Filing 8 DEMAND for Jury Trial filed by Plaintiff, Andrew Garcia Andrew Garcia.. (Barari, Neama) |
| Filing 7 Plaintiff's Certification and NOTICE of Interested Parties filed by Andrew Garcia Andrew Garcia, identifying Home Depot U.S.A., INC.. (Barari, Neama) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Patricia Donahue. (Attachments: #1 CV11C) (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant Home Depot USA, Inc. in Los Angeles Superior Court on 7/27/2022, attached as Exhibit C. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Andrew Garcia in Los Angeles Superior Court on 6/3/2022, attached as Exhibit A. (jtil) |
| Filing 5 Certification and NOTICE of Interested Parties filed by Defendant HOME DEPOT U.S.A., INC., (Solano, Amber) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant HOME DEPOT U.S.A., INC. (Solano, Amber) |
| Filing 3 Notice OF PENDENCY filed by defendant HOME DEPOT U.S.A., INC.. (Solano, Amber) |
| Filing 2 CIVIL COVER SHEET filed by Defendant HOME DEPOT U.S.A., INC.. (Solano, Amber) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV18231 with filing fee previously paid ($402.00 paid on 07/29/2022, receipt number 4398259), filed by defendant HOME DEPOT U.S.A., INC.. (Attachments: #1 Declaration of Andrew J. Felt, #2 Certificate of Service) (Attorney Amber Marie Solano added to party HOME DEPOT U.S.A., INC.(pty:dft))(Solano, Amber) |
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