Victor Mancilla et al v. AT and T Mobility et al
| Victor Mancilla, Advanced Weight Loss Surgical Association and Minimally Invasive Surgical Association |
| AT&T Services, Inc., AT and T Mobility and Does 1-10 |
| 2:2023cv03847 |
| May 19, 2023 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Brianna Fuller Mircheff |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 REPLY reply to Defendant's Response to Court's OSC filed by Plaintiffs Advanced Weight Loss Surgical Association, Victor Mancilla, Minimally Invasive Surgical Association. (Stieglitz, Jonathan) |
| Filing 16 RESPONSE filed by Defendant AT and T Mobilityto Text Only Scheduling Notice,,,, 15 Response to Order to Show Cause (Attachments: #1 Exhibit A to Response to Order to Show Cause)(Campbell, Stacey) |
Filing 15
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The Court held a status conference on 7/17/23 to discuss the Rule 26(f) Report. At the hearing, the parties agreed that Plaintiffs are not entitled to a jury trial on the ERISA claim and Plaintiffs agreed that the supplemental state-law claim for negligent misrepresentation shall also be heard by bench trial. At the hearing, counsel for Defendant AT&T Services, Inc., suggested that the supplemental claim should not proceed to trial at all because it is preempted and/or duplicative of the ERISA claim. To clarify and narrow the issues for trial in this action, the Court therefore ORDERS Defendant to SHOW CAUSE, in writing, by no later than 8/7/23, why the Court should dismiss the supplemental state law claim, despite the existence of supplemental jurisdiction. Plaintiffs shall file a Reply by no later than 8/28/23. Neither parties brief shall exceed 5 pages. If the Court deems it necessary to hold a hearing on the OSC, one will be set at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 14 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge Michael W. Fitzgerald. The Court will issue an order with the trial and pretrial date, and all pretrial deadlines. Court Reporter: Kathy Stride. (iv) |
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Filing 13
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Scheduling Conference is reset for 7/17/2023 at 11:00 AM before Judge Michael W. Fitzgerald. The hearing will be by telephonic conference. Number: (877) 848-7030; Access Code: 4573404. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 12
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On its own motion, the Court VACATES the Scheduling Conference set for 7/10/2023 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 11
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Stacey Campbell to Appear Pro Hac Vice on behalf of Defendant AT&T Services, Inc., designating Gilbert Nishimura as local counsel #10 . (iv)
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| Filing 10 APPLICATION of Non-Resident Attorney Stacey A. Campbell to Appear Pro Hac Vice on behalf of Defendant AT and T Mobility (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35586258) filed by Defendant AT and T Mobility. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Attorney Gilbert M Nishimura added to party AT and T Mobility(pty:dft)) (Nishimura, Gilbert) |
| Filing 9 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Advanced Weight Loss Surgical Association, Victor Mancilla, Minimally Invasive Surgical Association.. (Attachments: #1 Exhibit)(Stieglitz, Jonathan) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Rule 26 Meeting Report due by 6/26/2023. Scheduling Conference set for 7/10/2023 at 11:00 AM before Judge Michael W. Fitzgerald. (smom)
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| Filing 7 ANSWER to Complaint - (Discovery), filed by AT&T Services, Inc., filed by Defendant AT and T Mobility.(Peters, A.) |
| Filing 6 NOTICE of Interested Parties filed by Defendant AT and T Mobility, identifying AT&T Services, Inc. and United HealthCare Services, Inc.. (Peters, A.) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (sh) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Brianna Fuller Mircheff. (sh) |
| CONFORMED EFILED COPY OF COMPLAINT against Defendants AT and T Mobility, Does. Jury Demanded., filed by Plaintiffs Minimally Invasive Surgical Association, Advanced Weight Loss Surgical Association, Victor Mancilla. [FILED IN STATE COURT 04/10/2023 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, case number 23STCV07861 Receipt No: ACACDC-35342980 - Fee: $402, filed by Defendant AT&T Services, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B-1 - State Court Civil Cover Sheet, #3 Exhibit B-2 - State Court Supplemental Civil Cover Sheet, #4 Civil Cover Sheet) (Attorney A. J. Peters added to party AT&T Services, Inc.(pty:dft))(Peters, A.) |
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