Jinhui Kim v. Walmart, Inc. et al
| JINHUI KIM |
| WALMART, INC. and Does 1 through 100, inclusive |
| 2:2022cv08380 |
| November 16, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Pedro V Castillo |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 SECOND AMENDED COMPLAINT against Defendant. Jinhui Kim amending Amended Complaint/Petition #16 , filed by Plaintiff Jinhui Kim (Attachments: #1 Exhibit 1)(Straub, Craig) |
Filing 37
ORDER GRANTING IN PART MOTION TO DISMISS AND TO STRIKE by Judge Stanley Blumenfeld, Jr.: The Court grants Defendant's Rule 12(b) motion #31 . The Court also grants the unopposed motion to dismiss the request for equitable relief. Since Rule 12(f) is an improper vehicle for striking the First Amended Complaint's class allegations, the Court denies the request to strike those allegations. Plaintiff's UCL claim, unjust enrichment claim, and request under the CLRA for injunctive relief are dismissed without prejudice. Plaintiff's breach of warranty claim is dismissed with leave to amend to the extent it is brought on behalf of the Multi-State Class. If Plaintiff wishes to file a Second Amended Complaint, she is ordered to do so no later than 3/31/2023. See document for further details. (gk)
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Filing 36
(IN CHAMBERS) ORDER AND SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court VACATES the hearing on the Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. #31 ), set for February 10, 2023. If the Court determines that a hearing is necessary, one will be reset at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 35 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #31 filed by Defendant Walmart, Inc.. (Olah, Kelley) |
| Filing 34 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #31 PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANT WALMART INC.S MOTION TO DISMISS AND STRIKE filed by Plaintiff Jinhui Kim. (Straub, Craig) |
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Filing 33
ORDER DENYING PLAINTIFF'S MOTION TO REMAND by Judge Stanley Blumenfeld, Jr.: Plaintiff's Motion to Remand #18 , including the request for fees and costs, is DENIED. (gk)
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| Filing 32 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion to Remand #18 . The Court hears from counsel on the Courts tentative ruling. The Court adopts its tentative ruling, which will be entered separately. Court Reporter: Miriam Baird. (gk) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Walmart, Inc.. Motion set for hearing on 2/10/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Olah, Kelley) |
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Filing 30
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr, (pk)
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Filing 29
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (pk)
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Filing 28
CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court has reviewed the Joint Rule 26(f) Report and sets the pretrial and trial dates noted in this order based on an evaluation of the complexity of the case. Jury Trial set for 3/25/2024 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 3/8/2024 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 3/10/2023. Non-Expert Discovery cut-off 11/3/2023. Discovery Motion Hearing Deadline 12/1/2023. Non-Discovery Motion Hearing Deadline 12/15/2023. Settlement Conference Deadline 12/29/2023. Post-Settlement Status Conference set for 1/12/2024 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 1/5/2024. Trial Filings (First Set) Deadline 2/9/2024. Trial Filings (Second Set) Deadline 2/23/2024. See document for further details. (gk)
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| Filing 27 [Minutes of] Mandatory Scheduling Conference (Held and Completed)before Judge Stanley Blumenfeld, Jr. The Court hears from the parties as to the contents of their joint Rule 26(f) Report. The Court will issue a separate case management order. Court Reporter: KKatherine Stride. (lom) |
| Filing 26 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #18 filed by Plaintiff Jinhui Kim. (Attachments: #1 DECLARATION OF CRAIG W. STRAUB IN SUPPORT OF PLAINTIFFS REPLY IN FURTHER SUPPORT OF MOTION TO REMAND, #2 PROOF OF SERVICE)(Straub, Craig) |
| Filing 25 STATUS REPORT re: JOINT RULE 26(f) Report filed by Plaintiff Jinhui Kim. (Attachments: #1 Exhibit A, #2 Proof of Service)(Straub, Craig) |
| Filing 24 DECLARATION of Craig W. Straub in Support of Plaintiff's L.R. 7-3 Meet & Confer Requirements NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #18 filed by Plaintiff Jinhui Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Straub, Craig) |
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Filing 23
ORDER GRANTING JOINT STIPULATION EXTENDING DEFENDANT WALMART INC.'S TIME TO FILE A RESPONSIVE PLEADING by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS the Stipulation #22 . Defendant Walmart, Inc. must respond to the First Amended Complaint #16 no later than 1/12/2023. (gk)
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| Filing 22 Joint STIPULATION for Extension of Time to File a Responsive Pleading filed by Defendant Walmart, Inc.. (Attachments: #1 Proposed Order)(Olah, Kelley) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #18 filed by Defendant Walmart, Inc.. (Attachments: #1 Declaration of Kelley S. Olah in Support of Oppositin to, #2 Exhibit 1 - Emails re Motion to Dismiss, #3 Exhibit 2 - Emails re Motion to Remand, #4 Proposed Order Denying Plaintiff Jinhui Kim's Motion to Remand)(Olah, Kelley) |
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Filing 20
ORDER RE: PLAINTIFF'S MOTION TO REMAND by Judge Stanley Blumenfeld, Jr.: Plaintiff Jinhui Kim has filed a motion to remand. Dkt. No. #18 . Plaintiff's motion argues that Defendant Walmart Inc. raised arguments in its now-mooted motion to dismiss (Dkt. No. #12 ) that demonstrate that the Court lacks equitable jurisdiction over this case. Plaintiff's argument suggests that the parties did not properly meet and confer about the motion in accordance with Local Rule 7-3 prior to its filing. Further, Plaintiff's notice of motion indicates that Plaintiff "sought to meet and confer as soon as possible which was on December 15, 2022," yet filed the motion one day later despite Rule 7-3's requirement that a conference occur at least seven days prior to filing a motion. Plaintiff is ordered to submit a declaration no later than December 27, 2022 at 4:00 p.m. that details when and how the meet and confer took place, discloses what the parties discussed, and demonstrates that Plaintiff has complied with the requirements of Rule 7-3. IT IS SO ORDERED. (jgr)
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| Filing 19 NOTICE OF LODGING filed by Plaintiff Jinhui Kim re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #18 (Attachments: #1 Proposed Order)(Straub, Craig) |
| Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court filed by Plaintiff Jinhui Kim. Motion set for hearing on 1/13/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Straub, Craig) |
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Filing 17
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: Plaintiff filed a First Amended Complaint (Dkt. No. #16 ), which moots Defendant's pending motion to dismiss (Dkt. No. #12 ). The motion hearing set for January 6, 2023 is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 16 FIRST AMENDED COMPLAINT against Defendant Jinhui Kim amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Jinhui Kim (Attachments: #1 Exhibit 1, #2 Proof of Service)(Crosner, Zachary) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Zachary Crosner counsel for Plaintiff Jinhui Kim. Adding Zachary Crosner as counsel of record for Plaintiff Jinhui Kim for the reason indicated in the G-123 Notice. Filed by Plaintiff Jinhui Kim. (Attorney Zachary Crosner added to party Jinhui Kim(pty:pla))(Crosner, Zachary) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Chad A. Saunders counsel for Plaintiff Jinhui Kim. Adding Chad Saunders as counsel of record for Plaintiff Jinhui Kim for the reason indicated in the G-123 Notice. Filed by Plaintiff Jinhui Kim. (Attorney Chad A. Saunders added to party Jinhui Kim(pty:pla))(Saunders, Chad) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Craig Wallace Straub counsel for Plaintiff Jinhui Kim. Adding Craig Straub as counsel of record for Plaintiff Jinhui Kim for the reason indicated in the G-123 Notice. Filed by Plaintiff Jinhui Kim. (Attorney Craig Wallace Straub added to party Jinhui Kim(pty:pla))(Straub, Craig) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint (Fed. R. Civ. P. 12(b)(6)) filed by Defendant Walmart, Inc.. Motion set for hearing on 1/6/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Olah, Kelley) |
| Filing 11 Notice NOTICE OF INITIAL STANDING ORDER AND MANDATORY SCHEDULING CONFERENE ORDER filed by Defendants Does, Walmart, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Alexandra) |
| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Walmart, Inc.. (Attachments: #1 Proposed Order)(Olah, Kelley) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr.: The Court sets an in-person Mandatory Scheduling Conference set for hearing on January 6, 2023 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by December 27, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 8
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Pedro V. Castillo. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Walmart, Inc., filed by Plaintiff Jinhui Kim. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 10/06/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 Certification and Notice of Interested Parties filed by Defendant All Defendants, (Olah, Kelley) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant WALMART, INC. (Olah, Kelley) |
| Filing 2 CIVIL COVER SHEET filed by Defendant WALMART, INC.. (Olah, Kelley) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV32795 Receipt No: ACACDC-34337394 - Fee: $402, filed by Defendant WALMART, INC.. (Attachments: #1 Exhibit 1, #2 Declaration of Kelley S. Olah, #3 Exhibit 1 to Kelley S. Olah Declaration) (Attorney Kelley S Olah added to party WALMART, INC.(pty:dft))(Olah, Kelley) |
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