Yazmin Gamez v. Walmart Inc. et al
| Yazmin Gamez |
| MR Walmart Inc., Walmart Inc., Brooke Doe and Does 1-25, inclusive |
| 2:2023cv04166 |
| May 30, 2023 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Karen L Stevenson |
| 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 July 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, East District. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, East District. (gk) |
Filing 28
ORDER OF REMAND by Judge Stanley Blumenfeld, Jr.: Because Walmart has not established that this Court has subject matter jurisdiction, the case is REMANDED to state court. Plaintiff's motion to remand #15 is DENIED as moot, and the August 4 hearing on the motion is VACATED. Because Plaintiff has not shown that Walmart's removal was entirely unreasonable, the Court declines to require payment of fees and costs under section 1447(c). Case remanded to Los Angeles Superior Court, Case No. 23PSCV00291. (gk)
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| Filing 27 STATUS REPORT filed by Defendant Walmart Inc.. (Costa, Sean) |
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Filing 26
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court has reviewed the parties' joint report at Dkt. No. #24 . The parties state that they have not agreed to remand the case but "are engaged in ongoing settlement negotiations and anticipate resolving the matter without the court's intervention." Accordingly, the parties shall file a further joint status report no later than July 21, 2023, indicating the status of their continued settlement negotiations. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Igor Fradkin counsel for Plaintiff Yazmin Gamez. Daniel Azizi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Yazmin Gamez. (Fradkin, Igor) |
| Filing 24 STATUS REPORT [JOINT] filed by Defendant Walmart Inc.. (Costa, Sean) |
| Filing 23 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Remand Case to Spring Street #15 filed by Defendant Walmart Inc.. (Attachments: #1 Declaration of Sean Costa in Support of Opposition, #2 Plaintiff's Initial Disclosures)(Costa, Sean) |
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Filing 22
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 21
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 20
CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr: PLEASE READ THIS ORDER (AND ATTACHMENT) CAREFULLY. The post-settlement status conference is set for December 8, 2023 at 8:30 AM. The pretrial conference is set for January 5, 2024 at 10:00 AM. The jury trial is set for January 16, 2024 at 8:30 AM. SEE ORDER FOR FURTHER DATES AND DEADLINES. (jgr)
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| Filing 19 MINUTES OF Mandatory Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court heard from the parties as to its order to show cause re: subject matter jurisdiction and took the matter under consideration. The Court also heard from the parties on the contents of their joint Rule 26(f) report. The Court will issue a separate Case Management Order. The parties are ordered to exchange their initial disclosures by July 11, 2023, and to file a joint status report no later than noon on July 14, 2023, indicating whether they have resolved this matter. SEE MINUTE ORDER FOR FURTHER DETAILS. Court Reporter: Katherine Stride. (jgr) |
| Filing 18 NOTICE of Interested Parties filed by Plaintiff Yazmin Gamez, identifying Walmart, Inc.. (Fradkin, Igor) |
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT by Judge Stanley Blumenfeld, Jr. re: Motion to Remand #15 : A notice of interested parties shall be filed no later than 5 days from entry of this Order. (jgr) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First NOTICE OF MOTION AND MOTION to Remand Case to Spring Street #15 . The following error(s) was/were found: Local Rule 7-3 compliance statement missing. 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. (gk) |
| Filing 15 First NOTICE OF MOTION AND MOTION to Remand Case to Spring Street filed by Plaintiff Yazmin Gamez. Motion set for hearing on 8/4/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration DECLARATION OF DANIEL MOOSSAI, ESQ. IN SUPPORT OF PLAINTIFF YAZMIN GAMEZS MOTION TO REMAND CASE TO STATE COURT AND AWARDING COSTS AND ATTORNEYS FEES, #2 Proposed Order [Proposed] ORDER TO REMAND) (Fradkin, Igor) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Igor Fradkin counsel for Plaintiff Yazmin Gamez. Adding Igor Fradkin as counsel of record for Yazmin Gamez for the reason indicated in the G-123 Notice. Filed by Plaintiff Yazmin Gamez. (Attorney Igor Fradkin added to party Yazmin Gamez(pty:pla))(Fradkin, Igor) |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Yazmin Gamez.. (Fradkin, Igor) |
| Filing 12 RESPONSE filed by Defendant Walmart Inc.to Order to Show Cause,, #11 (Attachments: #1 Declaration In Support of Response to Order to Show Cause)(Costa, Sean) |
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Filing 11
ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION by Judge Stanley Blumenfeld, Jr. Accordingly, Defendant is ORDERED to show cause in writing, no later than June 20, 2023, why this case should not be remanded for lack of subject matter jurisdiction. Before that date, the parties are ORDERED to meet and confer in person or by videoconference to attempt to reach agreement on whether remand is appropriate (or to resolve their dispute in full, if possible).(SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr.: The Court sets an in-person Mandatory Scheduling Conference set for hearing on July 7, 2023 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by June 27, 2023. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 9
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge Stanley Blumenfeld, Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Karen L. Stevenson. The case number will now reflect the initials of the transferee Judges 2:23-cv-04166 SB(KSx). (rn) |
| Filing 7 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Walmart Inc.. (Costa, Sean) |
| Filing 6 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
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Filing 5
MINUTES (IN CHAMBERS) STANDING ORDER by Magistrate Judge Steve Kim. (see document for details) (hr)
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| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV11C Statement of Consent) (et) |
| CONFORMED E-FILED COPY OF ANSWER TO COMPLAINT, with JURY DEMAND filed by Defendant Walmart Inc. [FILED IN STATE COURT ON 5/26/2023 SUBMITTED ATTACHED TO EXHIBIT 4 TO NOTICE OF REMOVAL AS ATTACHMENT NO. 4 #1 ]. (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Brooke Doe, Does 1-25, inclusive, Walmart Inc. Jury Demanded., filed by Plaintiff Yazmin Gamez. [FILED IN STATE COURT ON 1/31/2023 SUBMITTED ATTACHED TO EXHIBIT 1 TO NOTICE OF REMOVAL #1 ]. (et) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Walmart Inc., identifying Yazmin Gamez, Walmart Inc.. (Costa, Sean) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Walmart Inc.. (Costa, Sean) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23PSCV00291 Receipt No: ACACDC-35398191 - Fee: $402, filed by Defendant Walmart Inc.. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Summons, #3 Exhibit 3 Statement of Damages, #4 Exhibit 4 Answer, #5 Exhibit 5 California Secretary of State Business Search, #6 Exhibit 6 Arkansas Secretary of State Business Search, #7 Declaration) (Attorney Sean N. Costa added to party Walmart Inc.(pty:dft))(Costa, Sean) |
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