Ciro Umeres v. Nexa Mortgage, LLC et al
| Ciro Umeres |
| Nexa Mortgage, LLC and Does 1 to 50 |
| 2:2022cv05658 |
| August 10, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Alicia G Rosenberg |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court Spring, Street Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court Spring, Street Courthouse. (gk) |
Filing 31
ORDER GRANTING MOTION TO REMAND by Judge Stanley Blumenfeld, Jr.: On this record, and in light of the rule that any doubts about the propriety of removal must be resolved in favor of remand, Gaus, 980 F.2d at 566, the Court finds that NEXA has not met its burden to show by a preponderance of the evidence that the requirements of Section 1332 are satisfied. Umeres's motion to remand #12 is therefore GRANTED, and this case is REMANDED to the Superior Court of Los Angeles County, Case No. 22STCV14981. ( MD JS-6. Case Terminated. ) (gk)
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| Filing 30 APPLICATION of Non-Resident Attorney Ari Karen to Appear Pro Hac Vice on behalf of Defendant Nexa Mortgage, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33957461) filed by Defendant Nexa Mortgage, LLC. (Attachments: #1 Proposed Order) (Carrillo, Filemon) |
| Filing 29 REPLY In Support of Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Ciro Umeres. (Attachments: #1 Declaration of Plaintiff Ciro Umeres, #2 Supplement Evidentiary Objections)(Melmed, Jonathan) |
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Filing 28
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on October 7, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by September 27, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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| Filing 27 (IN CHAMBERS) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court ADVANCES the hearing on Defendant's MOTION to Compel Arbitration (Dkt. No. #14 ) to October 7, 2022 at 8:30 AM in Courtroom 6C. Counsel are advised of new briefing deadlines as to this motion: Opposition is due no later than September 16. Any reply is due no later than September 23. The Court further sets a Mandatory Scheduling Conference (MSC) for the same date and time. The Court will issue a separate order re: Mandatory Scheduling Conference with additional deadlines and requirements for the MSC.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY |
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Filing 26
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr: The Court GRANTS the request of Ari Karen to appear remotely via video (Zoom) for the September 23 hearing. Dkt. No. #25 . Information on how to access the Zoom courtroom can be found on Judge Blumenfeld's webpage. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 25 REQUEST for Leave of Ari Karen to Appear for OSC and Motion for Remand Remotely filed by Defendant Nexa Mortgage, LLC. (Attachments: #1 Declaration) (Stephenson, Arielle) |
| Filing 24 NOTICE OF ERRATA filed by Defendant Nexa Mortgage, LLC. correcting Response in Opposition to Motion, #23 (Attachments: #1 Declaration of Ari Karen In Support of Defendant's Opposition to Plaintiff's Motion for Order Remanding Action to State Court, #2 Exhibit A to Declaration of Ari Karen In Support of Defendant's Opposition to Plaintiff's Motion for Order Remanding Action to State Court)(Carrillo, Filemon) |
| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendant Nexa Mortgage, LLC. (Attachments: #1 Declaration of Ari Karen In Support of Defendant's Opposition to Plaintiff's Motion for Order Remanding Action to State Court)(Carrillo, Filemon) |
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Filing 22
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court has reviewed the parties' submissions in response to its Order to Show Cause (OSC). The Court defers ruling on the OSC and sets it for hearing on September 23, 2022 at 8:30 a.m., together with the hearing on Plaintiff's motion to remand. Dkt. No. #12 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 21 RESPONSE filed by Plaintiff Ciro Umeresto Response, #20 Response to Defendant's Response to OSC (Melmed, Jonathan) |
| Filing 20 RESPONSE filed by Defendant Nexa Mortgage, LLCto Order to Show Cause,,, Set/Reset Motion Hearing and R&R Deadlines,, #15 (Attachments: #1 Declaration of Ari Karen In Support of Defendant's Response to Order to Show Cause, #2 Declaration of Arielle Stephenson In Support of Defendant's Response to Order to Show Cause)(Carrillo, Filemon) |
| Filing 19 NOTICE OF ERRATA filed by Plaintiff Ciro Umeres. correcting Certificate/Notice of Interested Parties #18 (Melmed, Jonathan) |
| Filing 18 Plaintiff's CERTIFICATE of Interested Parties (Melmed, Jonathan) |
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court Dkt. No. #12 by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #12 ) is accepted as filed. The filer is ordered to lodge their Notice of Interested Parties in accordance with LR 7.1-1 no later than noon (12PM PST) on August 30, 2022. (jgr) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 . 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 15
ORDER TO SHOW CAUSE RE: SANCTIONS AND ADVANCING MOTION HEARING by Judge Stanley Blumenfeld, Jr.: Defendant no later than 8/31/2022 is ORDERED to show cause in writing why the Court should not sanction Defendant--including by imposing monetary sanctions and granting the motion to remand as unopposed or precluding Defendant from relying on information it was unwilling to disclose to Plaintiff's counsel--for its failure to comply in good faith with the Court's meet and confer requirement. The Court also ADVANCES the hearing on the motion to remand #12 to 9/23/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr. Defendant's opposition is due by 9/2/2022, and Plaintiff's reply, if any, is due by 9/9/2022. (gk)
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| Filing 14 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Nexa Mortgage, LLC. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum In Support of Its Motion to Compel Plaintiff's Claims to Arbitration, #2 Exhibit A to Memorandum In Support of Its Motion to Compel Arbitration, #3 Proposed Order) (Carrillo, Filemon) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Filemon Carrillo counsel for Defendant Nexa Mortgage, LLC. Adding Filemon Carrillo as counsel of record for Nexa Mortgage, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Nexa Mortgage, LLC. (Attorney Filemon Carrillo added to party Nexa Mortgage, LLC(pty:dft))(Carrillo, Filemon) |
| Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court Ciro Umeres. Motion set for hearing on 10/7/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Jonathan Melmed, #2 Proposed Order) (Melmed, Jonathan) |
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Filing 11
ORDER EXTENDING DEADLINE TO ANSWER OR RESPOND TO COMPLAINT by Judge Stanley Blumenfeld, Jr.: Defendant was required to answer or otherwise respond to the complaint by 8/17/2022. Instead, Defendant on that day filed a motion, noticed for hearing on 9/30/2022, to extend the response deadline to 8/31/2022 #10 . The parties are ORDERED to meet and confer regarding Defendant's anticipated motion no later than 8/22/2022 at noon. If the parties are able to reach agreement on any necessary amendment to Plaintiff's pleadings, Plaintiff may file an amended complaint no later than 8/26/22022. Otherwise, in the absence of a stipulation under Local Rule 8-3 (which, if properly filed, will be effective without further order of the Court), Defendant shall file its answer or motion to dismiss no later than 8/26/2022. Defendant's motion is therefore DENIED as moot, and the 9/30/2022 hearing is VACATED. (gk)
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| Filing 10 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 8/31/2022 filed by Defendant Nexa Mortgage, LLC. (Attachments: #1 Proposed Order) (Stephenson, Arielle) |
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Filing 9
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| 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 Stanley Blumenfeld, Jr and Magistrate Judge Alicia G. Rosenberg. (sh) |
| CONFORMED E-FILED COPY OFPROOF OF SERVICE Executed by Plaintiff Ciro Umeres, upon Defendant Nexa Mortgage, LLC served on 5/6/2022. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. [FILED IN STATE COURT 05/06/2022 SUUBMITTED AS ATTACHMENT NO. 8 TO THE NOTICE OF REMOVAL #2 ] (sh) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Does, Nexa Mortgage, LLC. Jury Demanded., filed by Plaintiff Ciro Umeres. [FILED IN STATE COURT 05/05/2022 SUBMITTED AS ATTACHMENT NO. 4 TO THE NOTICE OF REMOVAL #2 ] (sh) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does, Nexa Mortgage, LLC amending Complaint filed by Plaintiff Ciro Umeres. [FILED IN STATE COURT 07/11/2022 SUBMITTED AS ATTACHMENT NO. 16 TO THE NOTICE OF REMOVAL #2 ](sh) |
| Filing 5 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Nexa Mortgage, LLC, (Stephenson, Arielle) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Arielle Marjorie Stephenson counsel for Defendant Nexa Mortgage, LLC. Adding Arielle M. Stephenson as counsel of record for Nexa Mortgage, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Nexa Mortgage, LLC. (Stephenson, Arielle) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Nexa Mortgage, LLC. (Stephenson, Arielle) |
| Filing 2 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV14981 with filing fee previously paid ($402.00 paid on 08/10/2022, receipt number ACACDC-33790310), filed by Defendant Nexa Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Stephenson, Arielle) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV14981 Receipt No: ACACDC-33790310 - Fee: $402, filed by Defendant Nexa Mortgage, LLC. (Attorney Arielle Marjorie Stephenson added to party Nexa Mortgage, LLC(pty:dft))(Stephenson, Arielle) |
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