Z.B. et al v. Delta Air Lines, Inc. et al
| S. S., Z. B. and J. B. |
| Does 1 through 5, inclusive, Brian Patrick Durning and Delta Air Lines, Inc. |
| 2:2024cv06190 |
| July 24, 2024 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Douglas F McCormick |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Both |
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This docket was last retrieved on September 6, 2024. A more recent docket listing may be available from PACER.
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Filing 34
ORDER DENYING DEFENDANT BRIAN PATRICK DURNING'S MOTION TO STRIKE PLAINTIFF'SMOTION TO REMAND #31 AND VACATING HEARING ON PLAINTIFF'S MOTION TO REMAND ACTION by Judge Fernando L. Aenlle-Rocha: As Durning had not appeared in the action when the Motion to Remand was filed, Plaintiffs were not required to serve the Motion to Remand on Durning under Fed. R. Civ. P. 5(a)(2). The court, therefore, DENIES the Motion to Strike #31 . Nevertheless, as Durning first appeared in this action on August 19, 2024, and has not had a reasonable opportunity to respond to the Motion to Remand, the court ORDERS as follows:1. The September 13, 2024 hearing on the Motion to Remand is VACATED. 2. Durning's deadline to file an opposition to the Motion to Remand shall beOctober 4, 2024. 3. Plaintiffs' deadline to file a reply in response to any opposition filed by Durning shall be October 18, 2024. 4. The Motion to Remand shall be taken under submission as of October 18, 2024. See Fed. R. Civ. P. 78(b); Local Rule 7-15. The court will reset the Motion to Remand for hearing if the court deems a hearing necessary or appropriate. (lc)
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Filing 33
TEXT ENTRY (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: Having reviewed and considered Defendant Brian Patrick Durning's Motion to Vacate and Reset Scheduling Conference (the "Motion," Dkt. #30 ), and finding good cause therefor, the court hereby GRANTS the Motion and CONTINUES the Scheduling Conference in this action to October 25, 2024. The parties' deadline to file an amended Joint Rule 26(f) Report shall be October 11, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk)
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| Filing 32 NOTICE OF INDIGENCY AND OBJECTION TO EXCESSIVE DAMAGES REQUEST filed by defendant Brian Patrick Durning. (lc) |
| Filing 31 MOTION TO STRIKE PLAINTIFFS' MOTION TO REMAND FOR RULE 5 VIOLATION filed by defendant Brian Patrick Durning. (lc) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiffs J. B., Z. B., S. S... (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet)(Lobis, Jessica) |
| Filing 30 MOTION TO VACATE AND RESCHEDULE THE CURRENT SCHEDULING CONFERENCE WHICH IS SET FOR SEPTEMBER 6, 2024 filed by defendant Brian Patrick Durning. (lc) |
| Filing 28 REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Plaintiffs J. B., Z. B., S. S.. (Attachments: #1 Declaration - Supplemental Declaration of Jessica R. Lobis Buckwalter, #2 Exhibit 15 to Buckwalter Decl., #3 Exhibit 16 to Buckwalter Decl., #4 Exhibit 17 to Buckwalter Decl., #5 Exhibit 18 to Buckwalter Decl., #6 Exhibit 19 to Buckwalter Decl.)(Lobis, Jessica) |
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Filing 27
ORDER GRANTING APPLICATION of Non-Resident Attorney Jeffrey D. Robinson to Appear Pro Hac Vice on behalf of Plaintiffs Z.B., a minor, and J.B., a minor, by their guardian, S.S., and S.S., an individual. and designating Jose-Manuel A. de Castro as local counsel #16 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 25 ANSWER to Complaint - (Discovery), filed by defendant Brian Patrick Durning.(lc) |
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Filing 24
ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND RULE 26 DEADLINES AND SCHEDULING CONFERENCE #22 by Judge Fernando L. Aenlle-Rocha, 1. The hearing on Plaintiffs' Motion to Remand is CONTINUED to September 13, 2024 at 1:30 p.m. #14 . 2. Defendant Delta Air Lines, Inc.'s response in opposition to the Motion to Remand is due on or before August 21, 2024. 3. Plaintiffs reply in support of the Motion to Remand is due on or before August 28, 2024. 4. The Scheduling Conference set for September 6, 2024 is CONTINUED to September 13, 2024, at 1:30 p.m. The Parties Joint Rule 26(f) Report is due on or before August 30, 2024. (lc)
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| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Defendant Delta Air Lines, Inc.. (Attachments: #1 Declaration of Kathryn A. Grace in Support of Delta Air Lines, Inc.'s Opposition to Plaintiffs' Motion to Remand, #2 Exhibit A - Plaintiffs' Statements of Damages, #3 Exhibit B - 6.22.23 Criminal Trial Transcript Excerpts, #4 Exhibit C - 7.22.24 Durning Email, #5 Exhibit D - Sentencing Hearing Transcript Excerpts, #6 Exhibit E - Sentencing Memorandum, Docket 142, #7 Exhibit F - Property Tax Record, #8 Exhibit G - Family Court Case Docket, #9 Exhibit H - Sentencing Memorandum, Docket 139, #10 Exhibit I - Letter from Marian Fernandes, Docket 139-2, #11 Exhibit J - Durning Passenger Name Record, #12 Exhibit K - Orlando PD Report, #13 Exhibit L - Minutes on Sentencing, Docket 146, #14 Exhibit M - 4.15.24 Email from Jeremy Lasnetski, #15 Exhibit N - Durning's Answer to Complaint, #16 Proposed Order)(Grace, Kathryn) |
| Filing 22 Joint STIPULATION to Continue Hearing on Pls Motion to Remand from Spetember 6, 2024 to September 13, 2024 Re: Initial Order Setting R26 Scheduling Conference - form only #17 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by defendant Delta Air Lines, Inc.. (Attachments: #1 Proposed Order)(Melvani, Nicole) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice (Other) #20 by plaintiff. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Disclosure. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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 20 Notice of Plaintiffs' Disclosure Statement pursuant to FRCP 7.1 filed by Plaintiffs J. B., Z. B., S. S.. (Lobis, Jessica) |
| Filing 19 NOTICE OF LODGING filed re First APPLICATION of Non-Resident Attorney Jeffrey D. Robinson to Appear Pro Hac Vice on behalf of Plaintiffs J. B., Z. B., S. S. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37961940) #16 (Attachments: #1 Proposed Order Proposed Order)(de Castro, Jose-Manuel) |
| Filing 18 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Jeffrey D. Robinson to Appear Pro Hac Vice on behalf of Plaintiffs J. B., Z. B., S. S. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37961940) #16 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): Notice of Lodging. See L.R. 5-1 and specifically L.R. 5-4.4.1 which states: Proposed orders or other proposed documents (such as a proposed judgment or proposed findings of fact) that are not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging; if the proposed document is being submitted in response to a court order, the filer shall link the Notice of Lodging to that court order. (lt) |
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 9/6/2024 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 16 First APPLICATION of Non-Resident Attorney Jeffrey D. Robinson to Appear Pro Hac Vice on behalf of Plaintiffs J. B., Z. B., S. S. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37961940) filed by Jeffrey D. Robinson J. B., Z. B., S. S.. (Attachments: #1 Affidavit Certificate of Good Standing) (de Castro, Jose-Manuel) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Proposed Order ONLY to the NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court[14-16]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order 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 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs J. B., Z. B., S. S.. Motion set for hearing on 9/6/2024 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Jessica R. Lobis Buckwalter, #2 Exhibit 1 to Buckwalter Decl., #3 Exhibit 2 to Buckwalter Decl., #4 Exhibit 3 to Buckwalter Decl., #5 Exhibit 4 to Buckwalter Decl., #6 Exhibit 5 to Buckwalter Decl., #7 Exhibit 6 to Buckwalter Decl., #8 Exhibit 7 to Buckwalter Decl., #9 Exhibit 8 to Buckwalter Decl., #10 Exhibit 9 to Buckwalter Decl., #11 Exhibit 10 to Buckwalter Decl., #12 Exhibit 11 to Buckwalter Decl., #13 Exhibit 12 to Buckwalter Decl., #14 Exhibit 13 to Buckwalter Decl., #15 Exhibit 14 to Buckwalter Decl., #16 Proposed Order) (Lobis, Jessica) |
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Filing 13
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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Filing 12
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando L. Aenlle-Rocha: GRANTING #11 Non-Resident Attorney Kathryn A. Grace APPLICATION to Appear Pro Hac Vice on behalf of Defendant Delta Air Lines, Inc., designating Gregory K. Lee as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt)
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| Filing 11 APPLICATION of Non-Resident Attorney Kathryn A. Grace to Appear Pro Hac Vice on behalf of Defendant Delta Air Lines, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37919988) filed by Defendant Delta Air Lines, Inc.. (Attachments: #1 Proposed Order) (Lee, Gregory) |
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Filing 10
ORDER TO REASSIGN CASE Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (identical case) by Judge Percy Anderson, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Fernando L. Aenlle-Rocha for all further proceedings. All discovery matters are transferred to Magistrate Judge Douglas F. McCormick. Case number now reads as 2:24-cv-06190 FLA(DFMx). (rn)
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Karen Agnifilo. 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. (lh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam Daufmann. 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. (lh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Stephanie S. Christensen. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Delta Air Lines, Inc., Does, Brian Patrick Durning.(Filing fee $ 405) Jury Demanded., filed by Plaintiffs Z. B., S. S., J. B. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 1/30/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 NOTICE OF ERRATA filed by Defendant DELTA AIR LINES. correcting Notice of Removal (Attorney Civil Case Opening), #1 (Attachments: #1 Exhibit Exhibit E)(Melvani, Nicole) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant DELTA AIR LINES (Melvani, Nicole) |
| Filing 2 CIVIL COVER SHEET filed by Defendant DELTA AIR LINES. (Melvani, Nicole) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Los Angeles County, case number 24TRCV00333 Receipt No: ACACDC-37891276 - Fee: $405, filed by defendant DELTA AIR LINES. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Attorney Nicole Melvani added to party DELTA AIR LINES(pty:dft))(Melvani, Nicole) |
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