Ontario International Airport Authority v. Mag US Lounge Management LLC et al
| ONTARIO INTERNATIONAL AIRPORT AUTHORITY |
| MAG US LOUNGE MANAGEMENT LLC and Does 1 through 50, inclusive |
| 5:2022cv01926 |
| October 31, 2022 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 Notice of Withdrawal of Motion to Stay Case, #15 filed by Defendant Mag US Lounge Management LLC. (Attachments: #1 Exhibit Exhibit A)(Fox, Adam) |
| Filing 19 PLAINTIFF ONTARIO INTERNATIONAL AIRPORT AUTHORITYS OPPOSITION TO DEFENDANT CAVU EXPERIENCES (AMER) LLC i/s/h/a MAG US LOUNGE MANAGEMENT LLCS MOTION TO STAY re: NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #15 filed by Plaintiff Ontario International Airport Authority. (Tee, Stephen) |
Filing 18
MINUTE ORDER (In Chambers): Order OPENING Discovery for All Purposes; ORDER TO SHOW FURTHER CAUSE re: Remand (Nerve Center of MAG Holdings); ORDER re: Timing of Jurisdictional Discovery by Judge Otis D. Wright, II: Thus, the Court ORDERS the parties TO SHOW FURTHER CAUSE why this case should not be remanded, and in particular, why the Court should not find that Defendant fails in its burden of demonstrating that MAG Holdings' nerve center is in the State of Illinois. Defendant shall file a Supplemental Response no later than January 9, 2023. Plaintiff shall file a Supplemental Reply no later than January 17, 2023. Thus, the Court ORDERS the parties TO SHOW FURTHER CAUSE why this case should not be remanded, and in particular, why the Court should not find that Defendant fails in its burden of demonstrating that MAG Holdings' nerve center is in the State of Illinois. Defendant shall file a Supplemental Response no later than January 9, 2023. Plaintiff shall file a Supplemental Reply no later than January 17, 2023. [See document for further details.] (es)
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Filing 17
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II: re: NOTICE OF MOTION AND MOTION to Dismiss The Second and Third Counts of Plaintiff's Complaint #10 . The Court, on its own motion, CONTINUES the hearing on Defendant's Motion to Dismiss to January 30, 2023 at 1:30 p.m. (ECF No. 10.) Briefing deadlines are correspondingly continued. (es)
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| Filing 16 REPLY filed by Plaintiff Ontario International Airport Authority to Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, #9 , Response, #12 to Defendant's Response to Order to Show Cause Re: Remand (Tee, Stephen) |
| Filing 15 NOTICE OF MOTION AND MOTION to Stay Case pending Appeal filed by defendant Mag US Lounge Management LLC. Motion set for hearing on 1/9/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order) (Fox, Adam) |
| Filing 14 Request for Judicial Notice ISO of Response to Court's OSC filed by Defendant Mag US Lounge Management LLC re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, #9 , Response, #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fox, Adam) |
| Filing 13 DECLARATION of Martin Jones re Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, #9 , Response, #12 filed by Defendant Mag US Lounge Management LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fox, Adam) |
| Filing 12 RESPONSE filed by Defendant Mag US Lounge Management LLCto Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, #9 Defendant CAVU Experiences (AMER) LLC i/s/h/a MAG US Lounge Management LLCS Response to Order to Show Cause RE: Remand (ECF NO. 9) (Fox, Adam) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court, on its own motion, CONTINUES the hearing on Defendants Motion to Dismiss to January 9, 2023 at 1:30 PM #10 . (lc)
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| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss The Second and Third Counts of Plaintiff's Complaint filed by Defendant Mag US Lounge Management LLC. Motion set for hearing on 12/19/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Fox, Adam) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE RE REMAND. On July 19, 2022, Plaintiff Ontario International Airport Authority ("OIA") in the Superior Court of California, County of San Bernardino. (Notice of Removal ("NOR") 1, ECF No. 1.) According to MAG, service was deemed complete on September 30, 2022. (Id.) On October 31, 2022, MAG removed this case to federal court.This case is based on the same agreement at issue in MAG US Lounge Management LLC v. Ontario International Airport Authority, Case No. 2:21-cv-04909-ODW (RAOx) (C.D. Cal. filed June 16, 2021) (MAG I). (NOR 4.) In MAG I, MAG filed its case in federal court in the first instance. This Court opened an inquiry into subject matter jurisdiction and dismissed MAG I after MAG failed to sufficiently demonstrate diversity of citizenship. (Order Dismissing Case,MAG I, ECF No. 22.) MAG appealed that decision to the Ninth Circuit. (Notice Appeal, MAG I, ECF No. 23.) The appeal has been fully briefed, and the matter is currently set for oral argument on December 6, 2022. (NOR 6.). Pursuant to the second sentence of 28 U.S.C. 1447(c), the Court ORDERS MAG TO SHOW CAUSE, in writing only, to be received by the Court no later than November 14, 2022,why this case should not be remanded, for the reasons discussed herein and the reasons the Court dismissed MAG I. OIAA may, but is not required to, file a reply to MAG's Response, to be received by the Court no later than November 21, 2022. Briefs shall be limited to fifteen (15) pages. The parties may submit evidence or judicially noticeable materials in support of their contentions. MAG's failure to timely and adequately respond to this Order to Show Cause willresult in a remand of the case. (lc)
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-04909 ODW(RAOx). Case transferred from Magistrate Judge Sheri Pym and Judge Sunshine Suzanne Sykes to Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04909 ODW(RAOx). Signed by Judge Otis D. Wright, II (rn)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Sheri Pym. (car) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Ontario International Airport Authority, upon Defendant Mag US Lounge Management LLC acknowledgment sent by Plaintiff on 9/29/2022, answer due 10/20/2022. Acknowledgment of Service signed by Adam R Fox, Counsel for Defendant. Submitted with Attachment 1 Exhibit B to Notice of Removal #1 (car) |
| CONFORMED COCPY OF COMPLAINT against Defendants Does 1-50, inclusive, Mag US Lounge Management LLC, filed by Plaintiff Ontario International Airport Authority. Filed in State Court on 7/19/2022 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE in support of Notice of Removal filed by Defendant MAG US LOUNGE MANAGEMENT LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fox, Adam) |
| Filing 3 NOTICE of Interested Parties filed by Defendant MAG US LOUNGE MANAGEMENT LLC, identifying CAVU Holdings (AMER) Inc.. (Fox, Adam) |
| Filing 2 CIVIL COVER SHEET filed by Defendant MAG US LOUNGE MANAGEMENT LLC. (Fox, Adam) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino, case number CIVSB2215448 Receipt No: ACACDC-34248567 - Fee: $402, filed by Defendant MAG US LOUNGE MANAGEMENT LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Adam R Fox added to party MAG US LOUNGE MANAGEMENT LLC(pty:dft))(Fox, Adam) |
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