Christian Chris Prince et al v. General Motors LLC
| Christian Chris Prince and Esther Maria Delacruz |
| General Motors LLC and Does 1 through 10, inclusive |
| 2:2023cv10517 |
| December 15, 2023 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Jacqueline Chooljian |
| Consuelo B Marshall |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| None |
Docket Report
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| Filing 24 TRANSMITTAL of documents to LOS ANGELES COUNTY SUPERIOR COURT, ALHAMBRA COURTHOUSE. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to LOS ANGELES COUNTY SUPERIOR COURT, ALHAMBRA COURTHOUSE, No. 23AHCV02696. (lc) |
Filing 23
ORDER REMANDING ACTION FOR LACK OF SUBJECT MATTER JURISDICTION #12 by Judge Fernando L. Aenlle-Rocha: Given that the removal statute is construed strictly and all doubts are resolved in favor of remand, the court determines Defendant has failed to demonstrate the amount in controversy exceeds $75,000 and finds that diversity jurisdiction does not exist. The court, therefore, REMANDS the action to the Los Angeles County Superior Court, Case No. 23AHCV02696. Defendant's Motion to Dismiss #14 is DENIED as MOOT. All dates and deadlines in this court are VACATED. The clerk of the court shall close the action administratively. (Made JS-6. Case Terminated.) (lc) Modified on 1/23/2024 (lc).
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Filing 22
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT GENERAL MOTORS LLC TO DISMISS PLAINTIFF'S COMPLAINT (DKT. #14 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss currently scheduled for hearing on January 19, 2024, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 21 REPLY in support of motion Amended NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint //Amended Notice of Motion and Amended Motion to Dismiss Plaintiffs' Complaint #14 filed by Defendant General Motors LLC. (Park, Steven) |
| Filing 20 OPPOSITION re: Amended NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint //Amended Notice of Motion and Amended Motion to Dismiss Plaintiffs' Complaint #14 filed by Plaintiff Christian Chris Prince. (Marden, Ryan) |
| Filing 19 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint #13 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 2/16/2024 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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Filing 17
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendant General Motors LLC's NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint #13 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. The Motion and supporting documents, proposed order were erroneously made and set for hearing before Previous Judge Marshall. Other error(s) with document(s): However it is Noted filer refiled on the same day same Motion correctly filed and set before Judge Judge Fernando L. Aenlle-Rocha (docket no. 14) 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) |
| Filing 15 RESPONSE filed by Defendant General Motors LLCto Order to Show Cause,,, #12 (Attachments: #1 Exhibit 1 to Defendant General Motors LLC's Response to Order to Show Cause, #2 Exhibit 2 to Defendant General Motors LLC's Response to Order to Show Cause)(Park, Steven) |
| Filing 14 Amended NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint //Amended Notice of Motion and Amended Motion to Dismiss Plaintiffs' Complaint filed by Defendant General Motors LLC. Motion set for hearing on 1/19/2024 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Exhibit 1 to Amended Notice of Motion and Amended Motion to Dismiss Plaintiffs' Complaint, #2 Proposed Order Granting Motion to Dismiss Plaintiffs' Complaint, #3 Request for Judicial Notice in Support of Amended Motion to Dismiss Plaintiffs' Complaint, #4 Proposed Order Granting Request for Judicial Notice) (Park, Steven) |
| Filing 13 (STRICKEN PER 12/28/2023 COURT'S G112B RESPONSE DOCKET NO. 19) .NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint filed by Defendant General Motors LLC. Motion set for hearing on 1/23/2024 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Exhibit 1 to Notice of Motion and Motion to Dismiss Plaintiffs' Complaint, #2 Proposed Order Granting Motion to Dismiss Plaintiffs' Complaint, #3 Request for Judicial Notice in Support of Motion to Dismiss Plaintiffs' Complaint, #4 Proposed Order Granting Request for Judicial Notice) (Park, Steven) Modified on 12/28/2023 (lc). |
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Filing 12
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha: The parties are ORDERED TO SHOW CAUSE, in writing only, within 21 days from the date of this Order, why this action should not be remanded for lack of subject matter jurisdiction because the amount in controversy does not exceed the jurisdictional threshold. The parties are encouraged to submit evidence and/or judicially noticeable facts in response to the courts Order. Responses shall be limited to 10 pages in length. The parties should consider this Order to be a two-pronged inquiry into the facial and factual sufficiency of Defendant's demonstration of jurisdiction. As Defendant is the party asserting federal jurisdiction, Defendant's failure torespond timely and adequately to this Order shall result in remand of the actionwithout further notice. (lc)
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| Filing 11 CERTIFICATE OF SERVICE filed by Defendant General Motors LLC, re Corporate Disclosure Statement #3 , Certificate/Notice of Interested Parties #4 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),, #1 served on December 18, 2023. (Park, Steven) |
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-10517-FLA (JCx). (et)
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| Filing 9 NOTICE OF CLERICAL ERROR: Due to clerical error Docket No. 7 was inadvertently docketed. Please disregard Document No. 7. Re: Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 (lh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Jacqueline Chooljian. (lh) |
| Filing 5 NOTICE OF ERRATA filed by Defendant General Motors LLC. correcting Notice of Removal (Attorney Civil Case Opening),, #1 (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal)(Park, Steven) |
| Filing 4 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant General Motors LLC, (Park, Steven) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant General Motors LLC identifying General Motors Company as Corporate Parent. (Park, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Defendant General Motors LLC. (Park, Steven) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23AHCV02696 Receipt No: ACACDC-36582591 - Fee: $405, filed by Defendant General Motors LLC. (Attachments: #1 Declaration of Timothy M. Kuhn in Support of Defendant General Motors LLCs Notice of Removal of Entire Case, #2 Exhibit A to Declaration of Timothy M. Kuhn, #3 Exhibit B to Declaration of Timothy M. Kuhn, #4 Exhibit C to Declaration of Timothy M. Kuhn) (Attorney Steven D Park added to party General Motors LLC(pty:dft))(Park, Steven) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Christian Chris Prince, Esther Maria Delacruz, filed by Plaintiffs Christian Chris Prince, Esther Maria Delacruz. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 11/16/2023 SUBMITTED ATTACHED TO NOTICE OF ERRATA #5 ) (lh) |
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