Jose Oliva v. Dietzgen Corporation et al
| Jose Oliva |
| Dietzgen Corporation, Carlos Saenz and Does 1 through 25, inclusive |
| 5:2022cv01676 |
| September 23, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Shashi H Kewalramani |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER OF DISMISSAL by Judge Stanley Blumenfeld, Jr.: The parties filed a Notice of Settlement on 10/11/2022 #14 . This action is therefore dismissed in its entirety without prejudice. For 45 days from the date of this order, the Court retains jurisdiction to vacate this order and to reopen the action nunc pro tunc on motion of any party. By operation of this order and without further court action, the dismissal in this case will convert to a dismissal with prejudice on the 46th day, absent a timely motion to vacate and reopen. See document for further details. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 14 NOTICE of Settlement and Joint Motion to Stay filed by Defendant Dietzgen Corporation. (Attachments: #1 Proposed Order, #2 Proof of Service)(Day, Dessislava) |
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Filing 13
ORDER re: FRAUDULENT JOINDER by Judge Stanley Blumenfeld, Jr.: Defendant Dietzgen Corporation (Dietzgen) removed this employment suit solely based on diversity jurisdiction. Dkt. No. #1 . Apparently conceding that Defendant Carlos Saenz is non-diverse, Dietzgen argues that his citizenship should be disregarded because he was fraudulently joined to defeat removal. Plaintiff has not yet moved to remand. However, federal courts have an "independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." If Defendant Saenz is nondiverse, the Court lacks jurisdiction in this case and must remand unless it finds that he was fraudulently joined. The parties shall promptly meet and confer to attempt to reach agreement on this issue or otherwise resolve their dispute in full. No later than October 14, 2022, Plaintiff shall file (1) a stipulation to remand, (2) a stipulation that Defendant Saenz either is diverse or should be dismissed without prejudice as improperly joined, or (3) a motion to remand. SEE ORDER FOR DETAILS. (jgr)
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| Filing 12 STIPULATION Extending Time to Answer the complaint as to Dietzgen Corporation answer now due 10/14/2022; Carlos Saenz answer now due 10/14/2022, re Complaint - (Discovery), filed by Defendants Dietzgen Corporation; Carlos Saenz. (Attachments: #1 Proof of Service)(Day, Dessislava) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on October 28, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by October 18, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 10
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 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 Shashi H. Kewalramani 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-01676 SB (SHKx). (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Jose Oliva, upon Defendant Carlos Saenz served on 8/25/2022, answer due 9/15/2022. Service of the Summons and Complaint were executed upon Alonso Doe Manager in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. Filed in State Court on 8/30/2022 Submitted with Attachment 2 to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Jose Oliva, upon Defendant Dietzgen Corporation served on 8/25/2022, answer due 9/15/2022. Service of the Summons and Complaint were executed upon Alonso Doe Manager 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 8/30/2022 Submitted with Attachment 2 to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Dietzgen Corporation, Does 1 through 25, inclusive, Carlos Saenz. Jury Demanded, filed by Plaintiff Jose Oliva. Filed in State Court on 8/11/2022 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 6 NOTICE of Interested Parties filed by Defendant Dietzgen Corporation, identifying Shil, Inc.. (Attachments: #1 Proof of Service)(Day, Dessislava) |
| Filing 5 DECLARATION of Carlos Saenz re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Dietzgen Corporation. (Day, Dessislava) |
| Filing 4 DECLARATION of Kellie Adams re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Dietzgen Corporation. (Day, Dessislava) |
| Filing 3 DECLARATION of Dessi N. Day re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Dietzgen Corporation. (Day, Dessislava) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Dietzgen Corporation. (Day, Dessislava) |
| Filing 1 NOTICE OF REMOVAL from Riverside, case number CVRI2203378 Receipt No: ACACDC-34041835 - Fee: $402, filed by Defendant Dietzgen Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Dessislava N Day added to party Dietzgen Corporation(pty:dft))(Day, Dessislava) |
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