Steven Herman et al v. Newmar Corporation et al
| Steven Herman and Nancy Herman |
| Cummins Inc., Newmar Corporation, Tom Lindstrom RV, Inc., Freightliner Custom Chassis Corporation, Cummins, Inc., Newmar Corporation an Indiana corporation doing business as Kountry Aire, a California corporation, Doe and Does 2-25, inclusive |
| 2:2022cv07280 |
| October 6, 2022 |
| US District Court for the Central District of California |
| Percy Anderson |
| Maria A Audero |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Both |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 Receipt of Acknowledgment of documents by Superior Court of the State of California, case no. 56-02022-00562865-CU-BC-VTA. (lom) |
| Filing 17 TRANSMITTAL of documents to Superior Court of California, County of Ventura. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Ventura. (aco) |
Filing 16
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Plaintiffs' Magnuson-Moss Warranty Act claim is dismissed without prejudice. Having dismissed all of the federal claims in this action, the Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining state law claims for violations of the Song-Beverly Consumer Warranty Act. The Court hereby remands this action to Ventura County Superior Court, Case No. 56-2022-00562865-CU-BC-VTA. (See document for further details). (Made JS-6. Case Terminated.) (aco)
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| Filing 15 STATEMENT OF CONSENT TO DISMISS THIRD CAUSE OF ACTION FOR VIOLATION OF MAGNUSON-MOSS WARRANTY ACT, ONLY, WITHOUT PREJUDICE (Brennan, Robert) |
| Filing 14 MINUTES OF STATUS CONFERENCE held before Judge Percy Anderson. Court and counsel confer. By noon on October 25, 2022, plaintiff counsel shall notify the Court if plaintiff wishes to dismiss the Magnuson-Moss Act claims, whereupon the Court would decline to exercise supplemental jurisdiction over the remaining Song-Beverly Act claims and remand this action back to State Court. Court Reporter: Marea Woolrich. (aco) |
| Filing 13 SCHEDULING NOTICE by Judge Percy Anderson Status Conference by Zoom is set for 10/19/2022 at 12:00 PM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 12 ANSWER to Complaint - (Discovery), Amended Complaint, Doe 1 filed by Defendant Cummins, Inc..(Sayers, Caroline) |
| Filing 11 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Percy Anderson. Scheduling Conference set for November 21, 2022, at 10:30 a.m. (lom) |
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Filing 10
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 9 Notice and Certificate of Service of Defendant Cummins Inc. re (1) Notice of Assignment to United States Judges; (2) Notice to Parties of Court-Directed ADR Program; (3) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge filed by Defendant Cummins, Inc.. (Attachments: #1 Exhibit Notice of Assignment to United States Judges, #2 Exhibit Notice to Parties of Court-Directed ADR Program, #3 Exhibit Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge)(Sayers, Caroline) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Maria A. Audero. (lh) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT #1 plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be Cummins, Inc., filed by Plaintiffs Steven Herman, Nancy Herman. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 9/1/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Freightliner Custom Chassis Corporation, Newmar Corporation, Tom Lindstrom RV, Inc. Jury Demanded, filed by Plaintiffs Steven Herman, Nancy Herman. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 2/2/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendants Newmar Corporation, Tom Lindstrom RV, Inc. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 4/1/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (Attorney Thomas Murphy added to party Newmar Corporation(pty:dft), Attorney Thomas Murphy added to party Tom Lindstrom RV, Inc.(pty:dft)) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Steven Herman, Nancy Herman, upon Defendant Newmar Corporation served on 3/3/2022, answer due 3/24/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Process Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 3/21/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF DEMAND for Jury Trial, filed by Defendants Newmar Corporation, Tom Lindstrom RV, Inc. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 4/1/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant Freightliner Custom Chassis Corporation. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 4/13/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (Attorney Richard C Moreno added to party Freightliner Custom Chassis Corporation(pty:dft))(lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Steven Herman, Nancy Herman, upon Defendant Cummins, Inc. served on 9/7/2022, answer due 9/28/2022. Service of the Summons and Complaint were executed upon Koy Saechao, Person Authorized to Accept Service of Process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN VENTURA COUNTY SUPERIOR COURT ON 9/8/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 5 Corrected Notice and Certificate of Service of Defendant Cummins Inc. Re: (1) Notice to State Court of Filing of Notice of Removal to Federal Court; (2) Notice to Adverse Party of Removal to Federal Court; (3) Notice of Interested Parties; and (4) Civil Case Cover Sheet filed by Defendant Cummins Inc. re: Notice (Other), #4 (Sayers, Caroline) |
| Filing 4 Notice and Certificate of Service of Defendant Cummins Inc. re: (1) Notice to State Court of Filing of Notice of Removal to Federal Court; (2) Notice to Adverse Party of Removal to Federal Court; (3) Notice of Interested Parties; and (4) Civil Cover Sheet filed by Defendant Cummins Inc.. (Sayers, Caroline) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Cummins Inc.. (Sayers, Caroline) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant Cummins Inc., identifying Cummins Inc., Newmar Corporation dba Kountry Aire, Tom Lindstrom RV, Inc., Freightliner Custom Chassis Corporation, Steven Herman and Nancy Herman. (Sayers, Caroline) |
| Filing 1 NOTICE OF REMOVAL from Ventura, case number 56-2022-00562865-CU-BC-VTA Receipt No: ACACDC-34109194 - Fee: $402, filed by Defendant Cummins Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12) (Attorney Caroline A H Sayers added to party Cummins Inc.(pty:dft))(Sayers, Caroline) |
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