Joseph Amescua et al v. Peacock TV LLC
| Joseph Amescua, Jenna Harbin, Christopher Barulich, Micheliah Island, Tyler McDaniel and 25,369 Other California Individuals |
| Peacock TV LLC |
| 2:2023cv09573 |
| November 13, 2023 |
| US District Court for the Central District of California |
| Percy Anderson |
| Alicia G Rosenberg |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
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Filing 34
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,,, Order on Motion to Remand Case to State Court,, #30 #32 by Judge Percy Anderson. The document is stricken. (aco)
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| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Remand Case to State Court,, #30 #32 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (aco) |
| Filing 32 [DOCUMENT STRICKEN PER ORDER ON 01/08/2024, SEE DOC NO. 34] NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss,,, Order on Motion to Remand Case to State Court,, #30 filed by Respondent Peacock TV LLC. Motion set for hearing on 1/22/2024 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Pan, Sheri) Modified on 1/9/2024 (aco). |
| Filing 31 TRANSMITTAL of documents to Superior Court of California, County of Los Angeles. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Los Angeles. (aco) |
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Filing 30
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Thus, based on Respondent's failure to satisfy its burden to adequately allege a basis for the Court's subject matter jurisdiction, the Court grants Petitioner's Motion to Remand (Docket No. 14.) Accordingly, this action is hereby remanded to Los Angeles County Superior Court, Case Number 23STCP03733, for lack of subject matter jurisdiction. The Court denies Respondent's Motion to Dismiss Petition or Transfer Venue (Docket No. 11) as moot. (See document for further details).; denying as moot #11 MOTION to Dismiss Petition to Compel Arbitration or to Transfer Venue; granting #14 MOTION to Remand Case to State Court. (MD JS-6. Case Terminated.) (aco)
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Filing 29
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson. APPLICATION of Attorney Dana J. Brusca to Appear Pro Hac Vice on behalf of Respondent Peacock TV LLC, designating Timothy W. Fredricks; Alexis T. King as local counsel GRANTED.; granting #28 Non-Resident Attorney Dana J. Brusca. (aco)
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| Filing 28 APPLICATION of Non-Resident Attorney Dana J. Brusca to Appear Pro Hac Vice on behalf of Respondent Peacock TV LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36652375) filed by Defendant Peacock TV LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Fredricks, Timothy) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Alexis T King counsel for Respondent Peacock TV LLC. Adding Alexis T. King as counsel of record for Peacock TV, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Peacock TV, LLC. (Attorney Alexis T King added to party Peacock TV LLC(pty:res))(King, Alexis) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Timothy Weston Fredricks counsel for Respondent Peacock TV LLC. Adding Timothy W. Fredricks as counsel of record for Peacock TV, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Peacock TV, LLC. (Attorney Timothy Weston Fredricks added to party Peacock TV LLC(pty:res))(Fredricks, Timothy) |
| Filing 25 Joint Request For Confirmation of Hearing Date (Jan. 8, 2024) filed by Respondent Peacock TV LLC (Pan, Sheri) |
| Filing 24 NOTICE OF LODGING filed of [Proposed] Order re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 (Attachments: #1 Proposed Order)(Harrington, Jeffrey) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel. (Harrington, Jeffrey) |
| Filing 22 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for February 12, 2024, at 10:30 a.m. This action has been assigned to the calendar of United States District Judge Percy Anderson. (See document for further details). (aco) |
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Filing 21
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 20
ORDER TO REASSIGN CASE due to self-recusal pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges.by Judge Mark C. Scarsi. Case transferred from Judge Mark C. Scarsi to the calendar of Judge Percy Anderson for all further proceedings. Case number now reads as 2:23-cv-09573 PA(AGRx). (rn)
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| Filing 19 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Respondent Peacock TV LLC. (Pan, Sheri) |
| Filing 18 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Petition to Compel Arbitration or to Transfer Venue #11 filed by Respondent Peacock TV LLC. (Pan, Sheri) |
| Filing 17 NOTICE OF LODGING filed of [Proposed] Order Granting Motion to Remand re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 (Attachments: #1 Proposed Order re Motion to Remand)(Harrington, Jeffrey) |
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Filing 16
ORDER GRANTING JOINT STIPULATION TO ADJOURN HEARING AND SET BRIEFINGSCHEDULE #13 by Judge Mark C. Scarsi: The hearing on Respondents Motion to Dismiss or, Alternatively, to Transfer Venue is continued to January 8, 2024, at 9:00 a.m. #11 . The briefing schedule for Respondents Motion to Dismiss or Transfer, and Petitioners anticipated Motion to Remand shall be as follows:a. Respondents Motion to Dismiss or Transfer i. Respondents reply brief: December 11, 2023. b. Petitioners' Motion to Remand i. Petitioners opening brief: December 4, 2023; ii. Respondents opposition brief: December 18, 2023; iii. Petitioners' reply brief: December 27, 2023. (lc)
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| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel. (Attachments: #1 Exhibit 1)(Harrington, Jeffrey) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel. Motion set for hearing on 1/8/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Remand) (Harrington, Jeffrey) |
| Filing 13 Joint STIPULATION for Hearing re Adjourn Hearing and Set Briefing Schedule filed by Respondent Peacock TV LLC. (Attachments: #1 Proposed Order Proposed Order)(Pan, Sheri) |
| Filing 12 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Petition to Compel Arbitration or to Transfer Venue #11 filed by Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel. (Attachments: #1 Declaration Declaration of Jeffrey Harrington, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Marker, Caleb) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Petition to Compel Arbitration or to Transfer Venue filed by Respondent Peacock TV LLC. Motion set for hearing on 12/18/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum in Support of Motion to Dismiss or to Transfer Venue, #2 Declaration of Sheri Pan, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Proposed Order) (Pan, Sheri) |
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Filing 10
ORDER GRANTING APPLICATION of Non-Resident Attorney Jeffrey J. Harrington to Appear Pro Hac Vice on behalf of Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel and designating Caleb Marker as local counsel #9 by Judge Mark C. Scarsi. (lc)
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| Filing 9 APPLICATION of Non-Resident Attorney Jeffrey J. Harrington to Appear Pro Hac Vice on behalf of Petitioners 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36420156) filed by Plaintiffs 25,369 Other California Individuals, Joseph Amescua, Christopher Barulich, Jenna Harbin, Micheliah Island, Tyler McDaniel. (Attachments: #1 Proposed Order) (Marker, Caleb) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffrey J Harrington on behalf on Petitioners. 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. (ghap) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| CONFORMED FILED COPY OF PETITION FOR AN ORDER COMPELLING ARBITRATION filed against Peacock TV LLC, filed by petitioners 25,369 Other California Individuals, Micheliah Island, Joseph Amescua, Christopher Barulich, Jenna Harbin, Tyler McDaniel. (FILED IN STATE COURT ON 10/9/2023 SUBMITTED ATTACHED EXHIBIT A-2) (ghap) |
| Filing 3 FRCP 7.1 and NOTICE of Interested Parties filed by Respondent Peacock TV LLC, identifying Comcast Corp.. (Pan, Sheri) |
| Filing 2 CIVIL COVER SHEET filed by Respondent Peacock TV LLC. (Pan, Sheri) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 23STCP03733 Receipt No: ACACDC-36393368 - Fee: $402, filed by Respondent Peacock TV LLC. (Attachments: #1 Exhibit A-1, Proof of Service (state court petition), #2 Exhibit A-2, Summons and Petition (state court), #3 Exhibit A-3, misc. state court orders, #4 Exhibit A-4, Marker Decl., Marker Exs. A-1 and A-2 iso Petition (state court), #5 Exhibit A-5, Marker Decl. Exs. B-BB iso Petition (state court)) (Attorney Sheri Bo Pan added to party Peacock TV LLC(pty:res))(Pan, Sheri) |
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