Candace J Knapp v. Carmax Auto Superstores California, LLC et al
| Candace J. Knapp |
| Carmax Auto Superstores California, LLC and Does 1 through 75, inclusive |
| 5:2014cv01112 |
| June 3, 2014 |
| US District Court for the Central District of California |
| Beverly Reid O'Connell |
| Sheri Pym |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on September 8, 2015. A more recent docket listing may be available from PACER.
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Filing 40
ORDER ON STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(ii) by Judge Beverly Reid O'Connell: Upon Stipulation #39 , IT IS ORDERED that this entire action is dismissed with prejudice against defendant, CARMAX AUTO SUPERSTORES CALIFORNIA, LLP, and each party shall bear their own fees and costs. The 10/20/2015 trial date is hereby vacated. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 39 STIPULATION to Dismiss Case pursuant to Notice of Settlement filed by Plaintiff Candace J. Knapp. (Attachments: #1 Proposed Order)(Rosner, Hallen) |
| Filing 38 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court has received a Notice of Settlement, filed 8/24/2015(docket #37 ). The Court VACATES all pending dates, except for the trial date set for 10/20/2015 at 8:30 AM. The parties are ordered to file a Stipulation and Proposed Order Dismissing the action on or before October 9, 2015 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
| Filing 37 NOTICE of Settlement filed by defendant Carmax Auto Superstores California, LLC. (Schlichter, Kurt) |
| Filing 36 STATEMENT of Undisputed Facts in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to plaintiff's complaint #35 filed by Defendant Carmax Auto Superstores California, LLC. (Schlichter, Kurt) |
| Filing 35 NOTICE OF MOTION AND MOTION for Summary Judgment as to plaintiff's complaint filed by defendant Carmax Auto Superstores California, LLC. Motion set for hearing on 9/14/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum, #2 Exhibit 1-6, #3 Exhibit 7-27, #4 Request for Judicial Notice, #5 Proposed Judgment, #6 Proposed Order) (Schlichter, Kurt) |
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Filing 34
CIVIL JURY TRIAL ORDER by Judge Beverly Reid O'Connell: Trial Estimate: 2-6 days. Amended Pleadings due by 10/22/2014. Discovery cut-off 8/10/2015. Motions in Limine to be filed by 9/7/2015. Last date for hearing on motions is 8/17/2015 at 1:30 pm. Proposed Pretrial Order due by 9/7/2015. Last date to conduct settlement conference is 8/24/2015. Hearing on motions in limine set for hearing on 10/5/2015 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 9/21/2015 at 3:00 PM before Judge Beverly Reid O'Connell. Jury Trial set for 10/20/2015 at 8:30 AM before Judge Beverly Reid O'Connell. (rfi)
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Filing 33
ORDER/REFERRAL to ADR Procedure No 3 by Judge Beverly Reid O'Connell. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 8/24/2015. (rfi)
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| Filing 32 MINUTES OF SCHEDULING CONFERENCE held before Judge Beverly Reid O'Connell. Court conducts Scheduling Conference. Counsel inform the Court of their selection for a settlement procedure pursuant to Local Rule 16-14. The Court orders that any settlement discussions shall be completed no later than 8/24/2015.Court Reporter: Myra Ponce. (rfi) |
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Filing 31
ORDER by Judge Beverly Reid O'Connell: IT IS ORDER THAT: Plaintiff's Lead Trial Counsel Hallen D. Rosner's attendance at the October 27, 2014, Scheduling Conference is excused; and Associate Attorney Joshua C. Anaya, is permitted to attend the Scheduling Conference on Mr. Rosner's behalf. #30 (rfi)
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| Filing 30 First APPLICATION for Leave of Joshua C. Anaya to Appear for Scheduling Conference and Excuse Lead Trial Counsel Hallen D. Rosner filed by Plaintiff Candace J. Knapp. Application set for hearing on 10/27/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order)(Rosner, Hallen) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Defendant Carmax Auto Superstores California, LLC.. (Schlichter, Kurt) |
| Filing 28 NOTICE of Change of address by Jamie L Keeton attorney for Defendant Carmax Auto Superstores California, LLC. Changing attorneys address to 2381 Rosecrans Avenue, Suite 326, El Segundo, CA 90245. Filed by Defendant Carmax Auto Superstores California, LLC. (Keeton, Jamie) |
| Filing 27 NOTICE of Change of address by Jamie L Keeton attorney for Defendant Carmax Auto Superstores California, LLC. Changing attorneys address to 2381 Rosecrans Avenue, Suite 326, El Segundo, CA 90245. Filed by Defendant Carmax Auto Superstores California, LLC. (Keeton, Jamie) |
| Filing 26 NOTICE of Change of address by Jamie L Keeton attorney for Defendant Carmax Auto Superstores California, LLC. Changing attorneys address to 2381 Rosecrans Avenue, Suite 326, El Segundo, CA 90245. Filed by Defendant Carmax Auto Superstores California, LLC. (Attorney Jamie L Keeton added to party Carmax Auto Superstores California, LLC(pty:dft))(Keeton, Jamie) |
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Filing 25
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE AND JOINT REPORT by Judge Beverly Reid O'Connell. Scheduling Conference set for 10/27/2014 at 1:30 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 24 ANSWER to Complaint - (Discovery) filed by defendant Carmax Auto Superstores California, LLC.(Schlichter, Kurt) |
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Filing 23
MINUTES IN CHAMBERS: ORDER by Judge Beverly Reid O'Connell: CarMaxs Motion to Dismiss Plaintiffs Complaint in its entirety is DENIED. CarMaxs Motion to Strike is similarly DENIED. IT IS SO ORDERED. #8 #9 (rfi)
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| Filing 22 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. ORDER VACATING HEARING. The Court has pending, 1) MOTION TO DISMISS PLAINTIFFS COMPLAINT [FRCP 12(b)(6)], (Filed 6/10/14) #8 ; 2) MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT [FRCP 12(f)](Filed 6/10/14) #9 The Court concludes that the matter is appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, July 21, 2014 at 9:30 a.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 21 SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 and the MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 . On the Court's own motion, the court advances the time for the hearing on the motions to Monday 7/21/2014 at 09:00 AM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 20 REPLY support MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 , MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 filed by Defendant Carmax Auto Superstores California, LLC. (Attachments: #1 Request for Judicial Notice)(Schlichter, Kurt) |
| Filing 19 OPPOSITION to MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 , MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 Follow-up to previous filing with PDF version with hyperlinks per Judge O'Connell's Procedure No. 1 filed by Plaintiff Candace J. Knapp. (Rosner, Hallen) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 , MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 filed by Plaintiff Candace J. Knapp. (Rosner, Hallen) |
| Filing 17 OPPOSITION to MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 , MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 filed by Plaintiff Candace J. Knapp. (Rosner, Hallen) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Beverly Reid O'Connell: re: Response (non-motion), #15 On June 19, 2014, the Court issued an Order to Show Cause to Defendant as to why this case should not be dismissed for lack of subject matter jurisdiction. (Dkt. No. 14.) On June 25, 2014 Defendant responded with sufficient documentation to establish that there is complete diversity of citizenship. (Dkt. No. 15.) Accordingly, the Court hereby DISCHARGES its Order to Show Cause. IT IS SO ORDERED (rfi)
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| Filing 15 RESPONSE filed by Defendant Carmax Auto Superstores California, LLCto Minutes of In Chambers Order/Directive - no proceeding held, #14 to Order to Show Cause Re Subject Matter Jurisdiction (Attachments: #1 Declaration of Kurt Schlichter, #2 Declaration of Daniel Bloor, #3 Exhibits In Support of Response)(Schlichter, Kurt) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Beverly Reid O'Connell:ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION. The Court ORDERS Defendant to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Defendant must respond by June 26, 2014 by 9:00 a.m. IT IS SO ORDERED. (rfi)
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| Filing 13 SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] #9 and the MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] #8 . The Court, on its own motion, continues the hearing to 7/21/2014 at 01:30 PM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
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Filing 12
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. (rfi)
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| Filing 11 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge David T. Bristow to Judge Beverly Reid O'Connell for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Sheri Pym. The case number will now reflect the initials of the transferee Judges EDCV 14-01112 BRO(SPx). (rn) |
| Filing 10 DEMAND for Jury Trial filed by Defendant Carmax Auto Superstores California, LLC.. (Schlichter, Kurt) |
| Filing 9 NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's Complaint [FRCP 12(f)] filed by Defendant Carmax Auto Superstores California, LLC. Motion set for hearing on 7/17/2014 at 10:00 AM before Magistrate Judge David T. Bristow. (Attachments: #1 Joint Memorandum of Points and Authorities, #2 Proposed Order)(Schlichter, Kurt) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim [FRCP 12(b)(6)] filed by Defendant Carmax Auto Superstores California, LLC. Motion set for hearing on 7/17/2014 at 10:00 AM before Magistrate Judge David T. Bristow. (Attachments: #1 Joint Memorandum of Points and Authorities, #2 Proposed Order)(Schlichter, Kurt) |
| Filing 7 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Carmax Auto Superstores California, LLC. (Schlichter, Kurt) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Carmax Auto Superstores California, LLC, re Certificate/Notice of Interested Parties #3 served on 6/3/14. (Schlichter, Kurt) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendant Carmax Auto Superstores California, LLC, of Notice to Plaintiff of Filing Notice of Removal served on 6/3/14. (Schlichter, Kurt) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge David T. Bristow. (Attachments: #1 CV-11C) (mrgo) |
| CONFORMED COPY OF COMPLAINT against defendants Carmax Auto Superstores California, LLC, Does. Jury Demanded, filed by plaintiff Candace J. Knapp. (mrgo) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Carmax Auto Superstores California, LLC, identifying CarMax Auto Superstores West Coast, Inc.. (Schlichter, Kurt) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Carmax Auto Superstores California, LLC. (Schlichter, Kurt) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number RIC 1403897 Receipt No: 0973-13901358 - Fee: $400, filed by Defendant Carmax Auto Superstores California, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Statement of Damages) (Attorney Kurt A Schlichter added to party Carmax Auto Superstores California, LLC(pty:dft))(Schlichter, Kurt) |
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