Claudia Moshfeghi v. Stewart Transport, Inc. et al
| Claudia Moshfeghi |
| Stewart Transport, Inc., Mark Lee Baker and Does 1 to 100, inclusive |
| 2:2023cv00810 |
| February 2, 2023 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Otis D Wright |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No.22PSCV02530. (lc) |
Filing 19
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court received and reviewed both parties Responses to its Order to show cause why the case should not be remanded for lack of subject matter jurisdiction due toan insufficient amount in controversy #16 , Response #17 . After ordering the parties to demonstrate diversity jurisdiction legally and factually, theamount in controversyand therefore the existence of diversity jurisdictionremains unproven and in substantial doubt. Accordingly, the Court cannot conclude that diversity jurisdiction exists and must remand. The Court hereby REMANDS this action to the Superior Court of California, 400 Civic Center Plaza, Pomona, CA 91766, Case No. 22PSCV02530. All dates and deadlines are VACATED. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
|
| Filing 18 COMPLAINT Receipt No: ACACDC-35053435 - Fee: $402, filed by Plaintiff Claudia Moshfeghi. (Attorney Erica A Gonzales added to party Claudia Moshfeghi(pty:pla))(Gonzales, Erica) |
| Filing 17 RESPONSE filed by Plaintiff Claudia Moshfeghito Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,,, Set/Reset Deadlines/Hearings,,,, #13 (Gonzales, Erica) |
| Filing 16 RESPONSE filed by Defendant Stewart Transport, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,,, Set/Reset Deadlines/Hearings,,,, #13 (Garchie, Alexandra) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Plaintiff Claudia Moshfeghi. upon Mark Lee Baker waiver sent by Plaintiff on 3/16/2023, answer due 5/15/2023. Waiver of Service signed by Alexandra E. Garchie. (Cirsch, Lee) |
|
Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Service on Defendant Baker (FRCP 4(m)); ORDER to File Federally Compliant Complaint. The Court ORDERS Plaintiff TO SHOW CAUSE, in writing only, to bereceived by the Court no later than March 23, 2023, why the Court should not dismiss Defendant Baker based on Plaintiff's failure to serve the Complaint within the Federal Rule of Civil Procedure 4(m) period. No hearing will be held. The Court will discharge this order upon the filing of a timely proof of service or a demonstration of good cause why timely service has not been made, supported by declaration under penalty of perjury. Failure to timely or adequately respond to this Order may result in the dismissal of Defendant Baker without further warning. The Court's Standing Order instructs: If an action is removed to this Court that contains a form pleading, i.e., a pleading in which boxes are checked, the party or parties utilizing the form pleading must file an appropriate pleading with this Court within 30 days of receipt of the Notice of Removal. To date, Plaintiff has not filed an appropriate Complaint despite having filed a form complaint in state court. Plaintiff is hereby ORDERED to file an appropriate pleading as set forth in the Standing Order no later than March 30, 2023. Failure to comply with this order may result in dismissal of this action for failure to prosecute and failure to comply with Courtorders. Moreover, Defendant is ORDERED to file, by no later than April 13, 2023, an Amended Answer, based off the to-be-filed federally compliant Complaint. (lc)
|
|
Filing 13
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed Defendant Stewart Transport, Inc.'s Notice of Removal, and it is not clear that the Court has subject matter jurisdiction over this action under 28 USC 1332(a). Stewart Transport is ORDERED to SHOW CAUSE, in writing only, to bereceived by the Court no later than March 27, 2023, why this action should not be remanded due to an insufficient amount in controversy to confer subject matter jurisdiction. Plaintiff may file a reply to Stewart Transports response no later than April 3, 2023. Briefs shall not exceed eight (8) pages. The parties should understand this Minute Order to be a two-pronged inquiryinto the facial and factual sufficiency of Stewart Transports demonstration of subject matter jurisdiction, which the Court now calls on Stewart Transport to make. Accordingly, the parties shall support their jurisdictional assertions with declarations and other supporting evidence. Stewart Transport's failure totimely respond to this order shall result in a remand without further warning. (lc)
|
|
Filing 12
ORDER that the Scheduling Conference is set for May 15, 2023 at 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)
|
| Filing 11 DECLARATION of Erica Allen Gonzales in response to Order to Show Cause filed by Plaintiff Claudia Moshfeghi. (Gonzales, Erica) |
| Filing 10 ANSWER to Complaint - (Discovery) NOTICE OF REFILING OF ANSWER TO PLAINTIFF'S COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL filed by Defendant Stewart Transport, Inc..(Garchie, Alexandra) |
|
Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ORDERED TO SHOW CAUSE in writing no later than February 28, 2023 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's request for entry of default as to the defendants. Answer by the defendant(s). In the event both documents are filed before the above date, the answer will take precedence. Failure to respond to the Court's Order may result in the dismissal of the action. (lc) Modified on 2/27/2023 (lc).
|
| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Otis D. Wright, II for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jean P. Rosenbluth. The case number will now reflect the initials of the transferee Judges 2:23-cv-00810 ODW(JPRx). (rn) |
| Filing 7 DEMAND for Jury Trial filed by Plaintiff Claudia Moshfeghi.. (Price, Zachary) |
| Filing 6 NOTICE of Interested Parties filed by Claudia Moshfeghi Claudia Moshfeghi, (Price, Zachary) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV-11C) (lh) |
| Filing 4 Defendant's CERTIFICATE of Interested Parties filed by Defendant Stewart Transport, Inc., identifying Mark Lee Baker. (Garchie, Alexandra) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Stewart Transport, Inc.. (Garchie, Alexandra) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendant Stewart Transport, Inc. identifying Stewart Transport, Inc, as Corporate Parent. (Garchie, Alexandra) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, case number 22PSCV02530 with filing fee previously paid ($402.00 paid on 02-02-2023, receipt number 34731444), filed by Defendant Stewart Transport, Inc.. (Attorney Alexandra Garchie added to party Stewart Transport, Inc.(pty:dft))(Garchie, Alexandra) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Mark Lee Baker, Does, Stewart Transport, Inc., filed by Plaintiff Claudia Moshfeghi. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/7/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
