David McCown v. Hohm Tech, Inc. et al
| David McCown |
| SAMSUNG SDI CO. LTD, Samsung SDI Co. Ltd., Samsung SDI America, Inc., Hohm Tech, Inc., Benjamin Ramalho, Doe and Does 3-100 inclusive |
| 5:2022cv00976 |
| June 10, 2022 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| Kenly Kiya Kato |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl Notice of Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 23
STATEMENT Joint Case Management Statement filed by Plaintiff David McCown (Bentley, Gregory)
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Filing 22
ANSWER to Amended Complaint, Amended Complaint,, with JURY DEMAND DEFENDANT SAMSUNG SDI CO., LTD.S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL filed by Defendant Samsung SDI Co. Ltd..(Gnanadesigan, Abirami)
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Filing 21
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Remand #20 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv)
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Filing 20
NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff David McCown. Motion set for hearing on 9/28/2022 at 01:30 PM before Judge Sherilyn Peace Garnett. (Bentley, Gregory)
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Filing 19
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Amended Complaint #15 by Judge Sherilyn Peace Garnett. For reasons stated in the Notice of Deficiencies, the title page notes incorrect court and case number, the document is stricken. Filer is to correctly refile Answer to Amended Complaint. (iv)
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Filing 18
OBJECTIONS to Notice of Related Case(s) #11 DEFENDANT SAMSUNG SDI CO. LTD.S OPPOSITION TO PLAINTIFFS NOTICE OF RELATED CASE filed by Defendant Samsung SDI Co. Ltd.. (Gnanadesigan, Abirami)
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Filing 17
REASSIGNMENT ORDER by Judge Sherilyn Peace Garnett. IT IS ORDERED that this case is reassigned to the Honorable Sherilyn Peace Garnett for all further proceedings. SEE ORDER FOR DETAILS. (iv)
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Filing 16
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #15 . The following error(s) was/were found: Title page with correct caption, heading and case number missing. Answer is a State Court filing. 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. (iv)
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Filing 15
**STRICKEN** ANSWER to Amended Complaint,, with JURY DEMAND filed by Defendant Samsung SDI Co. Ltd..(Gnanadesigan, Abirami) Modified on 7/5/2022 Per Response #15 (iv).
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Filing 14
JOINT REPORT Rule 26(f) Discovery Plan Following 6/17/22 Conference of the Parties ; estimated length of trial 7-10 days, filed by Plaintiff David McCown.. (Bentley, Gregory)
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Filing 13
ORDER OF THE CHIEF JUDGE (#22-132) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Garnett, Sherilyn Peace, this case is transferred from Judge Stanley Blumenfeld, Jr to the calendar of Judge Sherilyn Peace Garnett for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-00976-SPG-KKx. (et)
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Filing 12
NOTICE Interested Parties filed by Plaintiff David McCown. (Bentley, Gregory)
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Filing 11
NOTICE of Related Case(s) filed by Plaintiff David McCown. Related Case(s): 5:22-cv-00979 (Bentley, Gregory)
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Filing 10
PROOF OF SERVICE filed by Defendant Samsung SDI Co. Ltd., re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Initial Order Setting R26 Scheduling Conference - form only, #9 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #5 , Initial Order upon Filing of Complaint - form only #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 served on 06-15-2022. (Gnanadesigan, Abirami)
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on July 8, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by June 28, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 8
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 5
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 Kenly Kiya Kato for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Stanley Blumenfeld, Jr. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00976 SB (KKx). (car)
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CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1-100 inclusive, Hohm Tech, Inc., Benjamin Ramalho amending Complaint - (Discovery), filed by Plaintiff David McCown. Filed in State Court on 3/17/2021 Submitted with Attachment 9 Exhibit H to Notice of Removal #1 (car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff David McCown, upon Defendant Hohm Tech, Inc. served on 2/25/2021, answer due 3/18/2021. Service of the Summons and Complaint were executed upon Benjamin Ramalho - Agent for Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. Filed in State Court on 3/1/2021 Submitted with Attachment 8 Exhibit G to Notice of Removal #1 (car)
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CONFORMED COPY OF COMPLAINT against Defendants Does 1-100 inclusive, Hohm Tech, Inc. Jury Demanded, filed by Plaintiff David McCown. Filed in State Court on 1/4/2021 Submitted with Attachment 4 Exhibit C to Notice of Removal #1 (car)
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CONFORMED COPY OF AMENDMENT TO COMPLAINT as to Defendant Samsung SDI Co. Ltd. amending First Amended Complaint, filed by Plaintiff David McCown. Upon the filing of the complaint, the plaintiff being ignorant of the true name 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: Samsung SDI Co. Ltd. Filed in State Court on 8/23/2021 Submitted with Attachment 22 Exhibit U to Notice of Removal #1 (car)
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CONFORMED COPY OF AMENDMENT TO COMPLAINT as to Defendant Samsung SDI America, Inc. amending First Amended Complaint,, filed by Plaintiff David McCown. Upon the filing of the complaint, the plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of Doe 2 and having discovered the true name of the defendant to be: Samsung SDI America, Inc. Filed in State Court on 8/23/2021 Submitted with Attachment 23 Exhibit V to Notice of Removal #1 (car)
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CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff David McCown pursuant to FRCP 41a(1) as to Samsung SDI America, Inc. Without Prejudice. Filed in State Court on 5/13/2022 Submitted with Attachment 48 Exhibit UU to Notice of Removal #1 (car)
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CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff David McCown pursuant to FRCP 41a(1) as to Hohm Tech, Inc., Benjamin Ramalho Without prejudice. Filed in State Court on 4/11/2022 Submitted with Attachment 44 Exhibit QQ to Notice of Removal #1 (car) Modified on 6/14/2022 (car).
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CONFORMED Copy of Defendant Samsung SDI Co., Ltd's Answer to First Amended Complaint and Demand for Jury Trial, filed by Defendant Samsung SDI Co. Ltd. Filed in State Court on 4/12/2022 Submitted with Attachment 45 Exhibit RR to Notice of Removal #1 .(car)
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CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT Executed by Plaintiff David McCown, upon Defendant Samsung SDI America, Inc. served on 9/9/2021, answer due 9/30/2021. Service of the Summons and Complaint were executed upon Jessie Gastelon, Intake Specialist for CT Corporation System - Agent for Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 9/13/2021 Submitted with Attachment 25 Exhibit X to Notice of Removal #1 (car) Modified on 6/14/2022 (car).
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Filing 4
PROOF OF SERVICE filed by Defendant SAMSUNG SDI CO. LTD, re Notice of Removal (Attorney Civil Case Opening),,,,,,,,,,,,,,, #1 served on 6-10-2022. (Gnanadesigan, Abirami)
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Filing 3
NOTICE of Interested Parties filed by Defendant SAMSUNG SDI CO. LTD, (Gnanadesigan, Abirami)
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Filing 2
CIVIL COVER SHEET filed by Defendant SAMSUNG SDI CO. LTD. (Gnanadesigan, Abirami)
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Filing 1
NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2102198 Receipt No: ACACDC-33451864 - Fee: $402, filed by Defendant SAMSUNG SDI CO. LTD. (Attachments: #1 Exhibit 1 McCown Case Summary, #2 Exhibit A Civil Case Cover Sheet, #3 Exhibit B Summons, #4 Exhibit C Complaint, #5 Exhibit D Certificate of Assignment, #6 Exhibit E Pltf's Ntc of Deposit of Jury Fees, #7 Exhibit F Court's Ntc of TSC and Ntc of Case Assignment, #8 Exhibit G Pltf's POS re service on Hohm Tech, Inc, #9 Exhibit H Pltf's 1st Amended Cmplt, #10 Exhibit I Summons re 1st Amended Cmplt, #11 Exhibit J Hohm's Demurrer re 1st Amended Cmplt, #12 Exhibit K Hohm's Mtn to Strike re Puni Damages, #13 Exhibit L Pltf's Initial TSC Stmt, #14 Exhibit M Pltf's Intent to Appear by Phone at TSC, #15 Exhibit N Pltf's Oppn to Hohm's Demurrer to 1st Amended Cmplt, #16 Exhibit O Pltf's Oppn to Hohm's Mtn to Strike Pun Dam from 1st Amended Cmplt, #17 Exhibit P Hohm's Reply to Plf's Oppn to Demurrer to 1st Amended Cmplt, #18 Exhibit Q Hohm's Reply to Plf's Oppn to Mtn to Strike re 1st Amended Cmplt, #19 Exhibit R Minute Order re Hohm's Demurrer, #20 Exhibit S Minute Order re Hohm's Mtn to Strike re 1st Amended Cmplt, #21 Exhibit T Pltf's Initial TSC Stmt, #22 Exhibit U Pltf's Amendment to Cmplt - Doe 1, Samsung SDI CO LTD, #23 Exhibit V Pltf's Amendment to Cmplt - Doe 2, Samsung SDI America, Inc. -, #24 Exhibit W Minute Order re TSC, #25 Exhibit X Pltf's POS re service on Samsung SDI America, Inc., #26 Exhibit Y Pltf's Ntc of Intent to Appear by Phone at SC, #27 Exhibit Z Minute Order re SC, #28 Exhibit AA Pff Not Cont'd Status Conf, #29 Exhibit BB Motion to Be Relieved As Counsel of Record, #30 Exhibit CC Declaration ISO Motion to Be Relieved, #31 Exhibit DD State Court - Notice of Removal to Federal Court, #32 Exhibit EE Pltf's Non-Opp to Hohm's Mtn to be Relieved as Counsel, #33 Exhibit FF Def's Notice of Non-Opposition to Withrawal as Counsel of Record, #34 Exhibit GG Notice of Ruling Relieved as Counsel of Record, #35 Exhibit HH Notice Court Order re Motion to be Relieved as Counsel, #36 Exhibit II Portal Minute Order, #37 Exhibit JJ Corrected Portal Minute Orde, #38 Exhibit KK Notice to be Relieved As Counsel or records 2, #39 Exhibit LL Notice Returning Documents, #40 Exhibit MM Clerk's Notice of hearing, #41 Exhibit NN Clerks Notice 2022-03-25, #42 Exhibit OO Clerk's Notice, #43 Exhibit PP Order Granting Motion to Remand Action to State Court, #44 Exhibit QQ [CONFORMED] Entered Dismissal of Pltf's Complaint as to Def Hohm Tech and B. Ramalho, #45 Exhibit RR [CONFORMED] Samsung SDI Co., Ltd. Answer and Affirmative Defenses, #46 Exhibit SS Order Granting Defs Hohm Tech-Ramalho Motion to Sever, #47 Exhibit TT Order Granting Motion to Sever, #48 Exhibit UU CONFORMED RFD w.out Prejudice of Samsung SDI America, #49 Exhibit VV Document returned by the Court RFD, #50 Exhibit WW 2022-03-14 Hohm & BR Motion to Seve, #51 Exhibit XX 2022-03-14 Hohm & BR Prop Order Grant Motion to Sever, #52 Exhibit YY 2022-03-14 Hohm & BR RJN ISO Motion to Sever, #53 Exhibit ZZ 2022-03-18 Pff Not TSC & Cont'd SC, #54 Exhibit AAA 2022-03-25 Conformed Order Granting Motion to Be Relieved As Counsel to Defs, #55 Exhibit BBB 2022-04-25 Portal Minute Order re SC re TC set 6-15-2023 and JT, #56 Exhibit CCC 2022 0310 Notice and Acknowledgment re Service of Summons and Complaint on Samsung Korea) (Attorney Abirami Gnanadesigan added to party SAMSUNG SDI CO. LTD(pty:dft))(Gnanadesigan, Abirami)
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