America Chung Nam, LLC v. Mitsui O.S.K. Lines, Ltd. et al
| America Chung Nam, LLC |
| Mitsui O.S.K. Lines, Ltd., MOL (Americas) LLC and MOL Drybulk, Ltd. |
| 2:2023cv07676 |
| September 14, 2023 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Jean P Rosenbluth |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 35
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #30 filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. (Cicala, Conte)
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Filing 34
REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case [Redacted] #21 [23-3 - Unredacted Notice of Motion and Motion to Dismiss] filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. (Cicala, Conte)
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Filing 33
DECLARATION of James J. Farrell in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #30 Confirming Plaintiff's Compliance with L.R. 7-3 filed by Plaintiff America Chung Nam, LLC. (Farrell, James)
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Filing 32
CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties filed by Plaintiff America Chung Nam, LLC (Farrell, James)
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Filing 31
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #30 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. Local Rule 7-3 compliance statement missing. 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)
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Filing 30
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff America Chung Nam, LLC. Motion set for hearing on 12/1/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Farrell, James)
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Filing 29
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case [Redacted] #21 or, in the Alternative, to Stay and Compel Arbitration filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Declaration of James J. Farrell)(Farrell, James)
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Filing 28
MINUTES OF Mandatory Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court hears from the parties about the contents of their joint Rule 26(f) report, their meet and confer prior to the filing of the motion to compel arbitration, and the anticipated motion to remand. The Court hereby continues the Scheduling Conference to 12/1/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr., when the motion to remand and motion to compel arbitration are set to be heard. Court Reporter: Myra Ponce. (gk)
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Filing 27
ORDER DENYING DEFENDANTS' APPLICATION TO FILE UNDER SEAL EXHIBITS AND PORTIONS OF DEFENDANTS' MOTION TO DISMISS by Judge Stanley Blumenfeld, Jr.: Defendants have not shown in their application to seal compelling reasons supported by specific factual findings that outweigh the strong public policies in favor of disclosure. Accordingly, the Court denies the application without prejudice. If, within seven days of the entry of this order, Defendants have not filed a renewed application, the unredacted versions will be filed in the public record. SEE ORDER FOR DETAILS. (jgr)
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Filing 26
ORDER GRANTING STIPULATION REGARDING MOTION TO REMAND AND MOTION TO DISMISS BRIEFING SCHEDULE #25 by Judge Stanley Blumenfeld, Jr. The Court has reviewed the parties' stipulation regarding the briefing schedule for Defendants' motion to dismiss and Plaintiff's anticipated motion to remand (Dkt. No. 25). The Court grants the stipulation and adopts the parties' proposed concurrent briefing schedule, as set forth on the following page: Defendants' Motion to Dismiss, Stay and/or Compel Arbitration: October 6, 2023. Plaintiff's Motion to Remand and Opposition to Defendants' Motion to Dismiss: October 24, 2023. Defendants' Opposition to Plaintiff's Motion to Remand and Reply In Support of Motion to dismiss: November 7, 2023. Plaintiff's Reply In Support of Motion to Remand: November 17, 2023. Hearing Date on Plaintiff's Motion to Remand and Defendants' Motion to Dismiss, Stay, and/or Compel Arbitration: December 1, 2023 (rolm)
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Filing 25
STIPULATION for Order Regarding Plaintiff's Motion to Remand and Defendants' Motion to Dismiss Briefing Scheduling filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Proposed Order)(Farrell, James)
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Filing 24
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 court days, filed by Plaintiff America Chung Nam, LLC.. (Farrell, James)
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Filing 23
DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A, B, D, E and F to Ikehashi Declaration and Portions of Defendants' Motion to Dismiss (Dkt # 21) under seal #22 filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cicala, Conte) Modified on 10/31/2023 (jgr).
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Filing 22
APPLICATION to file document Exhibits A, B, D, E and F to Ikehashi Declaration and Portions of Defendants' Motion to Dismiss (Dkt # 21) under seal filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. (Attachments: #1 Exhibits 1 - 6 (Exhibits A, B, E, D and F to Ikehashi Declaration in Support of Defendants' Motion to Dismiss, #2 Redacted Motion to Dismiss, #3 Proposed Order)(Cicala, Conte)
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Filing 21
NOTICE OF MOTION AND MOTION to Dismiss Case [Redacted] filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. Motion set for hearing on 12/1/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Kenichi Ikehashi, #2 Exhibits A-F to Ikehashi Declaration, #3 Proposed Order) (Cicala, Conte)
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Filing 20
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Diane Chan to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC, designating Raymond A. LaMagna as local counsel #15 , #18 . (gk)
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Filing 19
APPLICATION of Non-Resident Attorney Zachary A. Kady to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Previously Paid on 9/22/2023, Receipt No. 36090873) filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Proposed Order) (LaMagna, Raymond)
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Filing 18
APPLICATION of Non-Resident Attorney Diane Chan to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Previously Paid on 9/22/2023, Receipt No. 36090755) filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Proposed Order) (LaMagna, Raymond)
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Filing 17
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Zachary A. Kady to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36090873) #16 , APPLICATION of Non-Resident Attorney Diane Chan to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36090755) #15 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 9/17/23, Dkt. 5. (lt)
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Filing 16
APPLICATION of Non-Resident Attorney Zachary A. Kady to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36090873) filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Proposed Order) (LaMagna, Raymond)
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Filing 15
APPLICATION of Non-Resident Attorney Diane Chan to Appear Pro Hac Vice on behalf of Plaintiff America Chung Nam, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36090755) filed by Plaintiff America Chung Nam, LLC. (Attachments: #1 Proposed Order) (LaMagna, Raymond)
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Filing 14
NOTICE of Appearance filed by attorney Raymond Angelo LaMagna on behalf of Plaintiff America Chung Nam, LLC (Attorney Raymond Angelo LaMagna added to party America Chung Nam, LLC(pty:pla))(LaMagna, Raymond)
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Filing 13
Joint STIPULATION Extending Time to Answer the complaint as to MOL Drybulk, Ltd. answer now due 10/6/2023; MOL (Americas) LLC answer now due 10/6/2023; Mitsui O.S.K. Lines, Ltd. answer now due 10/6/2023, filed by Defendants MOL Drybulk, Ltd. ; MOL (Americas) LLC; Mitsui O.S.K. Lines, Ltd..(Cicala, Conte)
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Filing 12
PROOF OF SERVICE filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd., served on 9/18/2023. (Cicala, Conte)
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr.: The Court sets an in-person Mandatory Scheduling Conference set for hearing on October 20, 2023 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by October 10, 2023. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 10
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 9
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Zachary A. Kady. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 8
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Diane Chan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) Modified on 9/17/2023 (car).
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Jean P. Rosenbluth. (car)
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CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd. Jury Demanded, filed by Plaintiff America Chung Nam, LLC. Filed in State Court on 9/14/2023 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) Modified on 9/17/2023 (car).
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff America Chung Nam, LLC, upon Plaintiff Mitsui O.S.K. Lines, Ltd. served on 8/15/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Diana Ruiz CT Corporation System Registered Agent for Service of Process in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 8/17/2023 Submitted with Attachment 1 Exhibit G to Notice of Removal #1 (car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff America Chung Nam, LLC, upon Defendant MOL (Americas) LLC served on 8/15/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Kartik Pandya, Intake Specialist in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 8/17/2023 Submitted with Attachment 1 Exhibit I to Notice of Removal #1 (car)
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Filing 4
PROOF OF SERVICE filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd., re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 served on September 14, 2023. (Cicala, Conte)
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Filing 3
CERTIFICATE of Interested Parties filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd., identifying Mitsui O.S.K. Lines, Ltd., MOL (Americas) LLC, and MOL Drybulk, Ltd.. (Cicala, Conte)
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Filing 2
CIVIL COVER SHEET filed by Defendants MOL (Americas) LLC, MOL Drybulk, Ltd., Mitsui O.S.K. Lines, Ltd.. (Cicala, Conte)
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Filing 1
NOTICE OF REMOVAL from Superior Court of the State Court of California, County of Los Angeles, Central District, case number 23STCV19358 Receipt No: ACACDC-36043013 - Fee: $402, filed by Defendants MOL Drybulk, Ltd., MOL (Americas) LLC, Mitsui O.S.K. Lines, Ltd.. (Attachments: #1 Exhibits A-Q) (Attorney Conte C Cicala added to party MOL (Americas) LLC(pty:dft), Attorney Conte C Cicala added to party MOL Drybulk, Ltd. (pty:dft), Attorney Conte C Cicala added to party Mitsui O.S.K. Lines, Ltd.(pty:dft))(Cicala, Conte)
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