Jose Jesus Guerrero Torres v. National Passenger Railroad Corporation et al
| Jose Jesus Guerrero Torres |
| National Railroad Passenger Corporation dba Amtrak, Maria Alejandra Espinosa Montenegro, Town and Country Fencing, Inc., National Passenger Railroad Corporation doing business as Amtrak, DOE, Does 3 to 10, inclusive and Union Pacific Railroad Company |
| 2:2023cv01066 |
| February 13, 2023 |
| US District Court for the Central District of California |
| Karen E Scott |
| Otis D Wright |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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Filing 30
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendant Union Pacific Railroad Company's Answer to Complaint #29 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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)
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Filing 29
ANSWER to Amended Complaint/Petition #9 filed by Defendant Union Pacific Railroad Company.(Attorney Alexei N Offill-Klein added to party Union Pacific Railroad Company(pty:dft))(Offill-Klein, Alexei)
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Filing 28
The hearing on the MOTIONS to Remand Case to San Luis Obispo Superior Court #15 #16 #27 , scheduled for May 1, 2023 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 27
Third NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court filed by defendant Maria Alejandra Espinosa Montenegro. Motion set for hearing on 5/1/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Exhibit Defendant Town & Country Proof of Service of Summons, #2 Exhibit Defendant Maria Alejandra Espinosa Montenegro Proof of Service of Summons, #3 Affidavit Certificate of Compliance Under Local Civil Rule 11-6) (Ausman, William)
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Filing 26
Opposition to Motion to Remand re: Second NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court #15 filed by Defendant National Passenger Railroad Corporation. (Attachments: #1 Declaration of Alexei Offill-Klein)(Offill-Klein, Alexei)
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Filing 25
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Service of Summons and Complaint Returned Executed (21 days), #23 , Service of Summons and Complaint Returned Executed (21 days), #22 . The following error(s) was/were found: Filer selected Incorrect statute prompt as "FRCP 5(b)(2)(D)" resulting in incorrect docket information that service of process was made on the "CLERKS OFFICE" of the Court as agent for defendant. 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)
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Filing 24
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER VACATING SCHEDULING CONFERENCE. The Court VACATES the Scheduling Conference in this matter set on April 17, 2023. The Court will reset the Scheduling Conference, if necessary, following disposition of the pending Motion to Remand. (lc)
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Filing 23
PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Jose Jesus Guerrero Torres, upon Defendant Town and Country Fencing, Inc. served on 3/30/2023, answer due 4/20/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Lopez, Anthony)
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Filing 22
PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Jose Jesus Guerrero Torres, upon Defendant Union Pacific Railroad Company served on 3/28/2023, answer due 4/18/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Lopez, Anthony)
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Filing 21
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Jose Jesus Guerrero Torres.. (Lopez, Anthony)
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Filing 20
21 DAY Summons Issued re FIRST AMENDED COMPLAINT #9 as to defendants Maria Alejandra Espinosa Montenegro, National Passenger Railroad Corporation, Town and Country Fencing, Inc., Union Pacific Railroad Company. (lc)
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Filing 19
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Second NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court #15 , Third NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court #16 . The following error(s) was/were found: No. 16 is not a Motion, but attempt to set the Missing motion hearing to no. 15. Although filer set the hearing on Judge Wrights Motion calendar on CM docket, the pdf documents name the Magistrate instead, " The Hon. Karen E. Scott". Missing LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom and Street Location information for Judge Wright. 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)
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Filing 18
Request for Clerk to Issue Summons on Amended Complaint/Petition #9 filed by Plaintiff Jose Jesus Guerrero Torres. (Lopez, Anthony)
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Filing 17
COUNSEL ARE NOTIFIED, docket no. #14 -Scheduling Conference is hereby "STRICKEN". Docket no. #8 schedule set for April 17, 2023 will stand.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 16
Third NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court filed by defendant Maria Alejandra Espinosa Montenegro. Motion set for hearing on 5/1/2023 at 01:30 PM before Judge Otis D. Wright II. (Ausman, William)
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Filing 15
Second NOTICE OF MOTION AND MOTION to Remand Case to San Luis Obispo Superior Court filed by defendant Maria Alejandra Espinosa Montenegro. (Attachments: #1 Exhibit Exhibit 1 Proof of service of summons Defendant Town & Country Fencing Inc., #2 Exhibit Exhibit 2 Proof of service of summons Defendant Maria Alejandra Espinosa Montenegro, #3 Declaration Declaration of Eric Sapir, #4 Exhibit MARIA ALEJANDRA ESPINOSA CERTIFICATE OF COMPLIANCE UNDER LOCAL CIVIL RULE 11-6) (Ausman, William)
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Filing 14
***STRICKEN***ORDER that the Scheduling Conference is set for June 5, 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) Modified on 3/28/2023 (sce).***STRICKEN***
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Filing 13
ANSWER to Amended Complaint/Petition #9 filed by Defendant National Passenger Railroad Corporation.(Offill-Klein, Alexei)
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: "[C]ounsel contemplating the filing of any motion shall first contact opposing counsel todiscuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution." C.D. Cal. L.R. 7-3. "The Court may decline to consider a motion unless it meets the requirements of L.R. 7-3." C.D. Cal. L.R. 7-4. On March 13, 2023, Defendant Maria Alejandra Espinosa Montenegro noticed a motion to remand without meeting and conferring with Plaintiff #10 . As such, the Court strikes Defendant's motion. Additionally, the Court notes that Defendant's Notice of Motion was unsigned. Finally, Defendant did not include a certificate of compliance under Local Civil Rule 11-6, which limitsmemoranda of points and authorities and trial briefs to 7,000 words, replacing the previous 25- page limit. See C.D. Cal. Civ. L.R. 11-6. The filing party must include a certificate of compliance, certifying that the document complies with the type-volume limitation. See C.D. Cal. Civ. L.R. 11-6.2 (providing certification form). Defendant may refile the motion after satisfying Local Rule 7-3 and correcting these deficiencies. (lc)
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Filing 11
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Memorandum in Support of Motion, #10 by defendant Maria Alejandra Espinosa Montenegro. The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Incorrect event selected. Correct event to be used is: Motion: Remand Case to State Court. due to incorrect event, no motion set for hearing on Judge's motion calendar 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)
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Filing 10
(STRICKEN PER 3/14/2023 MINUTE ORDER DOCKET NO. 12). MEMORANDUM in Support Motion to Remand filed by Defendant Maria Alejandra Espinosa Montenegro. (Attachments: #1 Proposed Order Proposed Order)(Attorney William D Ausman added to party Maria Alejandra Espinosa Montenegro(pty:dft))(Ausman, William) Modified on 3/14/2023 (lc).
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Filing 9
FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint - (Discovery),, filed by Plaintiff Jose Jesus Guerrero Torres(Attorney Anthony Robert Lopez, Jr added to party Jose Jesus Guerrero Torres(pty:pla))(Lopez, Anthony)
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Filing 8
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for April 17, 2023 at 1:30 p.m. (lom)
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Filing 7
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 6
NOTICE of Interested Parties filed by Defendant National Passenger Railroad Corporation, identifying NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK. (Offill-Klein, Alexei)
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Filing 5
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Attachment 1 Civil Cover Sheet should be e-filed separately. The correct event category is located under Civil Events - Other Filings - Miscellaneous Filings. (car)
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Filing 4
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Filing 3
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 2
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen E. Scott. (car)
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CONFORMED COPY OF COMPLAINT against Defendants Does 1 to 100, Maria Alejandra Espinosa Montenegro, National Passenger Railroad Corporation. Jury Demanded, filed by Plaintiff Jose Jesus Guerrero Torres. Filed in State Court on 1/24/2023 Submitted with Exhibit A to Notice of Removal #1 (car)
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CONFORMED COPY OF PLAINTIFF'S FIRST AMENDMENT TO COMPLAINT as to Defendant Town and Country Fencing, Inc. amending Complaint - (Discovery),, filed by Plaintiff Jose Jesus Guerrero Torres. Upon the filing of the complaint, the plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of Doe and having discovered the true name of the defendant to be: Town and Country Fencing, Inc. dba a/k/a Town and Country Fencing San Luis Obispo. Filed in State Court on 1/24/2023 Submitted with Exhibit A to Notice of Removal #1 (car)
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NON-CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant National Passenger Railroad Corporation. Submitted with Attachment Exhibit B to Notice of Removal #1 (car)
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Filing 1
NOTICE OF REMOVAL from San Luis Obispo Superior Court, case number 23CVP-0025 Receipt No: ACACDC-34786282 - Fee: $402, filed by Defendant National Railroad Passenger Corporation dba Amtrak. (Attachments: #1 Civil Cover Sheet) (Attorney Vincent Castillo added to party National Railroad Passenger Corporation dba Amtrak(pty:dft))(Castillo, Vincent)
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