Devin Santivanez v. Zumiez Inc. et al
| Devin Santivanez |
| Zumiez Inc. and Does 1-25, inclusive |
| 5:2022cv00079 |
| January 12, 2022 |
| US District Court for the Central District of California |
| Percy Anderson |
| Shashi H Kewalramani |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 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 8 MINUTES OF STATUS CONFERENCE via ZOOM held before Judge Percy Anderson. At the status conference, Defendant's counsel was asked if he had any evidence concerning Plaintiff's citizenship and was given an opportunity to supplement the allegations in the Notice of Removal. Defendant proffered no additional facts or argument in support of the Court's exercise of subject matter jurisdiction over this action. Plaintiff's counsel moved for the Court to remand the action to Riverside County Superior Court based on Defendant's failure to adequately allege a basis for the Courts subject matter jurisdiction in the Notice of Removal. Based on Defendant's failure to satisfy its burden to adequately allege a basis for the Court's subject matter jurisdiction, the Court grants plaintiff's Motion to Remand. Accordingly, this action is hereby remanded to Riverside County Superior Court, Case Number CVRI2105558, for lack of subject matter jurisdiction. See 28 U.S.C. 1447(c). (See minute order for details) (Made JS-6. Case Terminated.) Court Reporter: Sheri Kleeger (video). (mrgo) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Zumiez Inc., re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #4 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #6 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on January 14, 2022. (Austin, Nathan) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 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 John W. Holcomb and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 21-01, 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: 5:22-cv-00079 PA (SHKx). (lh) |
| NON-CONFORMED COPY OF ANSWER to Complaint, filed by Defendant Zumiez Inc. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Devin Santivanez, upon Defendant Zumiez Inc. served on 12/13/2021, answer due 1/3/2022. Service of the Summons and Complaint were executed upon John Montijo in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 12/14/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Zumiez Inc. Jury Demanded, filed by Plaintiff Devin Santivanez. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 12/8/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 Defendant Zumiez Inc.'s Notice of CERTIFICATE of Interested Parties filed by Defendant Zumiez Inc., (Austin, Nathan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Zumiez Inc.. (Austin, Nathan) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number CVRI2105558 Receipt No: ACACDC-32612410 - Fee: $402, filed by Defendant Zumiez Inc.. (Attachments: #1 Declaration of Nathan W. Austin in Support of Notice of Removal, #2 Exhibit A to Declaration of Nathan W. Austin in Support of Notice of Removal, #3 Exhibit B to Declaration of Nathan W. Austin in Support of Notice of Removal, #4 Exhibit C to Declaration of Nathan W. Austin in Support of Notice of Removal, #5 Exhibit D to Declaration of Nathan W. Austin in Support of Notice of Removal, #6 Exhibit E to Declaration of Nathan W. Austin in Support of Notice of Removal, #7 Exhibit F to Declaration of Nathan W. Austin in Support of Notice of Removal, #8 Exhibit G to Declaration of Nathan W. Austin in Support of Notice of Removal, #9 Exhibit H to Declaration of Nathan W. Austin in Support of Notice of Removal, #10 Exhibit I to Declaration of Nathan W. Austin in Support of Notice of Removal, #11 Request for Judicial Notice in Support of Notice of Removal, #12 Exhibit 1 to Request for Judicial Notice in Support of Notice of Removal, #13 Exhibit 2 to Request for Judicial Notice in Support of Notice of Removal, #14 Exhibit 3 to Request for Judicial Notice in Support of Notice of Removal, #15 Exhibit 4 to Request for Judicial Notice in Support of Notice of Removal) (Attorney Nathan W Austin added to party Zumiez Inc.(pty:dft))(Austin, Nathan) |
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