Leona Horton v. John F. Harrington et al

Plaintiff: Leona Horton
Defendant: United States Postal Service, John Harrington, Doe and Does 2 to 10
Case Number: 5:2021cv00653
Filed: April 13, 2021
Court: US District Court for the Central District of California
Presiding Judge: Sheri Pym
Referring Judge: Otis D Wright
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2021 Filing 18 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. No. RIC2000634. (lc)
June 7, 2021 Filing 17 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On June 2, 2021, the Court ordered the parties to show cause why it should retain jurisdiction over this action. Upon consideration of the parties' Joint Statement #16 , the Court REMANDS this action to the Riverside Superior Court, 4050 Main Street, Riverside, California 92501, Case Number RIC2000634 (Made JS-6. Case Terminated.) (lc)
June 4, 2021 Filing 16 JOINT STATEMENT IN SUPPORT OF REMANDING CASE TO STATE COURT filed by Plaintiff Leona Horton (Kennedy, William)
June 2, 2021 Filing 15 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, I On February 10, 2020, Plaintiff Leona Horton initiated this action in the Riverside County Superior Court. On May 25, 2021, the Court granted USPSs motion to dismiss; Defendant John F. Harrington is the sole remaining Defendant in this action. Thus, it is within the Courts discretion to remand this action. The parties are ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than June 16, 2021, why the Court should retain jurisdiction over this action. Failure to timely respond to this order shall result in a remand without further warning. (lc)
June 2, 2021 Filing 14 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First REQUEST for Entry of Default against Defendant John Harrington #13 , for the following reasons: Answer was filed in state court 2/2/201. (lc)
June 1, 2021 Filing 13 (STRICKEN PER 6/2/2021 ORDER DOCKET NO. 14). First REQUEST for Entry of Default against Defendant John Harrington filed by Plaintiff Leona Horton. Request set for hearing on 6/22/2021 at 08:30 AM before Judge Otis D. Wright II. (Attachments: #1 Affidavit Affidavit In Support of Entry of Default, #2 Exhibit EXHIBIT A, #3 Proposed Order Proposed Order) (Kennedy, William) Modified on 6/2/2021 (lc).
June 1, 2021 Filing 12 DECLARATION of WILLIAM C. KENNEDY IN RESPONSE TO ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION filed by Plaintiff Leona Horton. (Attachments: #1 Exhibit EXHIBIT A (Defendant's Answer))(Kennedy, William)
June 1, 2021 CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) with JURY DEMAND filed by defendant John Harrington FILED IN STATE COURT ON 2/2/2021 SEE DOCKET NO. 12 EXHIBIT TO RESPONSE TO OSC BY PLAINTIFF.(lc)
May 26, 2021 Filing 11 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ordered to show cause in writing no later than June 2, 2021, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's request for entry of default as to Defendant John Harrington; or Answer by Defendant John Harrington. In the event both documents are filed before the above date, the answer will take precedence. Failure to respond to the Court's Order shall result in the dismissal of the action. (lc)
May 25, 2021 Filing 10 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER GRANTING DEFENDANT UNITED STATES POSTAL SERVICE'S MOTION DISMISS AND ALL CLAIMS ASSERTED AGAINST IT ARE HEREBY DISMISSED WITH PREJUDICE #7 . (lc)
May 17, 2021 Filing 9 The hearing on the MOTION to Dismiss Doe Defendant #7 , scheduled for May 24, 2021 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
April 21, 2021 Filing 8 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order Regarding the Filing of a Motion under Federal Rule of Civil Procedure 12(b), (e), or (f) #7 . If Plaintiff timely files an amended pleading, the pending Motion will be denied as moot. Otherwise, Plaintiff must timely respond to the Motion. (lc)
April 20, 2021 Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Doe Defendant One USPS United States Postal Service filed by Doe Defendant One USPS United States Postal Service. Motion set for hearing on 5/24/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Osinoff, Joanne)
April 13, 2021 Filing 6 PROOF OF SERVICE filed by Defendant United States Postal Service, re Notice of Removal (Attorney Civil Case Opening), #1 Amended Proof of Service by Mailing served on April 13, 2021. (Osinoff, Joanne)
April 13, 2021 Filing 5 PROOF OF SERVICE filed by Defendant United States Postal Service, re Notice of Removal (Attorney Civil Case Opening), #1 Amended Proof Of Service served on 4/13/2021. (Osinoff, Joanne)
April 13, 2021 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
April 13, 2021 Filing 3 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Otis D. Wright, II. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-653 ODW (SPx). (ghap)
April 13, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant DOE 1. (Osinoff, Joanne)
April 13, 2021 Filing 1 NOTICE OF REMOVAL from Superior Court of California, Riverside County, case number RIC 2000634 No Fee Required - US Government, filed by Defendant DOE 1. (Attachments: #1 Exhibit 1, #2 Proof Of Service) (Attorney Joanne I Osinoff added to party DOE 1(pty:dft))(Osinoff, Joanne)
April 13, 2021 CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT plaintiff being ignorant of the true of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be United States Postal Service, filed by plaintiff Leona Horton. (FILED IN STATE COURT ON 2/24/2021 SUBMITTED ATTACHED EXHIBIT 1)(ghap)
April 13, 2021 CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 TO 10, John Harrington, United States Postal Service., filed by plaintiff Leona Horton. (FILED IN STATE COURT ON 2/10/2020 SUBMITTED ATTACHED EXHIBIT 1) (ghap)

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Defendant: United States Postal Service
Represented By: Joanne I Osinoff
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Defendant: John Harrington
Represented By: Michael D Rohfeld
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Defendant: Doe
Represented By: Joanne I Osinoff
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Defendant: Does 2 to 10
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Plaintiff: Leona Horton
Represented By: William C Kennedy
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