Kain Kumar, MD v. Rolls-Royce Motor Cars NA, LLC et al
| Kain Kumar, MD |
| Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC, Does 1 through 20, inclusive and Indigo European Motorcars, LLC Delaware Limited Liability Company doing business as Desert European Motorcars, a Delaware Limited Liability Company |
| 5:2018cv01766 |
| August 22, 2018 |
| US District Court for the Central District of California |
| Percy Anderson |
| Kenly Kiya Kato |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 5, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 TRANSMITTAL of documents to Riverside County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Riverside County Superior Court. (mrgo) |
Filing 10
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson remanding case to Riverside County Superior Court, Case number PSC1803105. Case Terminated. Made JS-6. (See document for details) (mrgo)
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Filing 9
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court is a Notice of Removal filed by defendant Rolls-Royce Motor Cars NA, LLC ("Rolls-Royce") on August 22, 2018. (Docket No. 1.) Defendant asserts that the Court has jurisdiction over this action brought by plaintiff Kain Kumar, MD ("Plaintiff") based on the Court's federal question jurisdiction. Accordingly, the Court concludes that the Notice of Removal is procedurally defective. See 28 U.S.C. 1446(b)(1). Therefore, this action is remanded to Riverside County Superior Court, Case No. PSC1803105, for failure to comply with the removal requirements of 28 U.S.C. 1446. See 28 U.S.C. 1447(c). The Court stays this order until August 31, 2018. If Plaintiff wishes to waive the procedural defect and, as a result, remain in federal court, it must file a Notice of Waiver of Procedural Defects no later than August 31, 2018. If Plaintiff does not file such a Notice, the Court will conclude that Plaintiff has not waived the procedural defect. After that date, the Court will remand this action to Riverside County Superior Court as a result of the procedural defect in the Notice of Removal. (See document for details) (mrgo)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Percy Anderson. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-01766 PA (KKx). (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Rolls-Royce Motor Cars NA, LLC. Filed in State Court on 7/6/18 Submitted with Exhibit B attachment 2 to notice of removal #1 (car) Modified on 8/23/2018 (car). |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 20, inclusive, Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC. Jury Demanded, filed by plaintiff Kain Kumar, MD. Filed in State Court on 5/29/18 Submitted with Exhibit A attachment 1 to notice of removal #1 (car) Modified on 8/23/2018 (car). |
| Filing 6 PROOF OF SERVICE filed by Defendants Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC, re Jury Demand #4 , Joinder (non-motion) #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 served on 8/22/2018. (Oaks, Ashley) |
| Filing 5 JOINDER filed by Defendant Indigo European Motorcars, LLC joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Oaks, Ashley) |
| Filing 4 DEMAND for Jury Trial filed by Defendants Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC.. (Oaks, Ashley) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants All Defendants, identifying BMW (US) Holding Corp. (Oaks, Ashley) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC. (Oaks, Ashley) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number PSC1803105 Receipt No: 0973-22301726 - Fee: $400, filed by Defendants Indigo European Motorcars, LLC, Rolls-Royce Motor Cars NA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Attorney Ashley Elise Oaks added to party Indigo European Motorcars, LLC(pty:dft), Attorney Ashley Elise Oaks added to party Rolls-Royce Motor Cars NA, LLC(pty:dft))(Oaks, Ashley) |
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