Ashley Elizabeth Halvorson et al v. Western Specialized, Inc. et al
| Ashley Elizabeth Halvorson, Gerald Halvorson, Melissa Halvorson and Gregory Lord Brown II |
| Transport Distribution Services, Inc., Kuehne Nagle, Inc., James Anthony Block, Western Specialized, Inc., Medtronic, Inc., Doe and Does 3 to 100, Inclusive |
| 5:2024cv01821 |
| August 23, 2024 |
| U.S. District Court for the Central District of California |
| Stephanie S Christensen |
| Otis D Wright |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal - Wrongful Death |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 TRANSMITTAL of documents to San Bernardino County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to San Bernardino County Superior Court re Consolidated cases no. CIVSB2301289 and CIVSB2304912. (lc) |
| Filing 22 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On August 28, 2024, after reviewing the operative complaint and documents filed in connection with removal, the Court ordered the parties to show cause why this action should notbe remanded for lack of subject-matter jurisdiction. (Order to Show Chase, ECF No. 11.) On September 4, 2024, Plaintiff Ashley Halvorson and Defendant TDSI each filed responses to the Court's Order. (TDSI Resp., ECF No. 19; Ashley Halvorson Resp., ECF No. 20.). (SEE DOCUMENT FOR SPECIFIC DISCUSSION AS ENUMERATED HEREIN). Court lacks subject-matter jurisdiction over theconsolidated actions. Accordingly, the Court REMANDS Ashley Elizabeth Halvorson, et al. v. Western Specialized, Inc. et al. to the Superior Court of the State of California, County of San Bernardino, 247 West 3rd Street, San Bernardino, CA 92415, Case No. CIVSB2301289 and Gerald Halvorson, et al., v. Western Specialized, Inc. et al., to the Superior Court of the State of California, County of San Bernardino, 247 West 3rd Street, San Bernardino, CA 92415, CaseNo. CIVSB2304912. Consequently, the Court DENIES TDSI's Motion to Dismiss, (TDSI Mot., ECF No. 14), AS MOOT. (Made JS-6. Case Terminated.) (lc) Modified on 9/10/2024 (lc). |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Derek Scott Monzon counsel for Plaintiffs Gerald Halvorson, Melissa Halvorson, Gregory Lord Brown II. Adding Derek Monzon as counsel of record for Gerald Halvorson, Melissa Halvorosn, and Gregory Lord Brown II for the reason indicated in the G-123 Notice. Filed by Plaintiffs Gerald Halvorson, Melissa Halvorson, and Gregory Lord Brown II. (Attorney Derek Scott Monzon added to party Gerald Halvorson(pty:pla), Attorney Derek Scott Monzon added to party Melissa Halvorson(pty:pla), Attorney Derek Scott Monzon added to party Gregory Lord Brown II(pty:pla))(Monzon, Derek) |
| Filing 20 RESPONSE filed by Plaintiff Ashley Elizabeth Halvorsonto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #11 (Attachments: #1 Exhibit Exhibit 1 Stipulation and Order to Consolidate)(Cole, Terry) |
| Filing 19 RESPONSE filed by Defendant Transport Distribution Services, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #11 (Response to Court's Order to Show Cause re: Lack of Subject Matter Jurisdiction) (Berberich, Daniel) |
| Filing 18 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Filed Documents (G-112A) - re no. 15 re missing title page re certificate of service no. 13 #15 Deficiency Notice was Issued in ERROR and is VOID, in that The Certificate of Service had a proper Title Page. Therefore filer does not need to respond. (lc) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin P McNamara counsel for Defendants James Anthony Block, Western Specialized, Inc.. Adding Kevin P. McNamara as counsel of record for Defendants, Western Specialized, Inc. and James Anthony Block for the reason indicated in the G-123 Notice. Filed by Defendants Western Specialized, Inc. and James Anthony Block. (Attorney Kevin P McNamara added to party James Anthony Block(pty:dft), Attorney Kevin P McNamara added to party Western Specialized, Inc.(pty:dft))(McNamara, Kevin) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney David W Seal counsel for Defendants James Anthony Block, Western Specialized, Inc.. Adding David W. Seal as counsel of record for Defendants, Western Specialized, Inc. and James Anthony Block for the reason indicated in the G-123 Notice. Filed by Defendants Western Specialized, Inc. and James Anthony Block. (Attorney David W Seal added to party James Anthony Block(pty:dft), Attorney David W Seal added to party Western Specialized, Inc.(pty:dft))(Seal, David) |
| Filing 15 (VOID- AS ISSUED IN ERRORP SEE CLERICAL ERROR DOCKET NO. 18).NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Proof of Service (subsequent documents) #13 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Document linked incorrectly to the wrong document/docket entry. Every SEPARATELY e-filed document is to have formal Title page...pdf is type of proof found at the end of a document. No Link to what document was served, as result docket entry is incomplete. 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. (lc) Modified on 8/30/2024 (lc). |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint as against Defendant Transport Distribution Services, Inc. filed by Defendant Transport Distribution Services, Inc.. Motion set for hearing on 10/7/2024 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Supplement Request for Judicial Notice, #3 Declaration Declaration of Daniel Berberich, #4 Exhibit Exhibit A to Declaration, #5 Exhibit Exhibit B to Declaration, #6 Exhibit Exhibit C to Declaration, #7 Exhibit Exhibit D to Declaration, #8 Exhibit Exhibit E to Declaration, #9 Proposed Order Proposed Order) (Berberich, Daniel) |
| Filing 13 CERTIFICATE OF SERVICE filed by Plaintiff Ashley Elizabeth Halvorson, served on 8-29-2024. (Cole, Terry) |
| Filing 12 DEMAND for Jury Trial filed by Plaintiff Ashley Elizabeth Halvorson.. (Dordick, Gary) |
Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The parties are ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than September 4, 2024, for why this action should not be remanded for lack of subject-matter jurisdiction. Failure to timely respond to this order may,without further warning, result in a remand of this matter. (SEE DOCUMENT FOR SPECIFICS). (lc)
|
|
Filing 10
ORDER that the Scheduling Conference is set for November 4, 2024 at 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc)
|
|
Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR motions for summary judgment and any other evidence-heavy motions. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerks Office. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Courts Website and Judges procedures for information as applicable. (lc)
|
| CONFORMED FILED IN STATE COURT OF ANSWERS of Defendants Western Specialized, Inc. and James Anthony Block filed on June 21, 2023; Medtronic, Inc. and Medtronic Minimed, Inc. filed on July 13, 2023. Answer of Defendant Kuehne+ Nagle, Inc. filed on May 24, 2024 IN STATE CASE CIVSB2301289. Defendants Western Specialized, Inc. and James Anthony Block filed on June 9, 2023; defendants Medtronic, Inc. and Medtronic Minimed, Inc. filed on June 7, 2023 (RE STATE CASE CIVSB2304912) (SEE SUPPLEMENT TO NOTICE OF REMOVAL DOCKET NO. 8 filed by Defendant Transport Distribution Service, In(lc) |
| Filing 8 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Transport Distribution Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Berberich, Daniel) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| 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 Sunshine Suzanne Sykes and referred to Magistrate Judge Stephanie S. Christensen for discovery. Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges, 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: 5:24-cv-01821 ODW (SSCx). (ghap) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Otis D. Wright, II for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Stephanie S. Christensen. New Case Number 5:24-cv-01821 ODW (SSCx). (ghap) |
| CONFORMED FILED COPY OF REQUEST FOR DISMISSAL as to Medtronics Minimed, Inc. without prejudice filed by plaintiff Ashley Elizabeth Halvorson. (FILED IN STATE COURT ON 7/16/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
| CONFORMED FILED COPY OF AMENDED TO COMPLAINT amending Complaint - (Discovery), ] 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 Kuehne Nagel Inc, filed by plaintiff Ashley Elizabeth Halvorson. (FILED IN STATE COURT ON 2/28/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(ghap) |
| CONFORMED FILED COPY OF AMENDED TO COMPLAINT amending Complaint - (Discovery), ] plaintiff being ignorant of the true 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 Travel Marketing Services, Inc, filed by plaintiff Ashley Elizabeth Halvorso. (FILED IN STATE COURT ON 7/17/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(ghap) Modified on 8/26/2024 (ghap). |
| CONFORMED FILED COPY OF COMPLAINT against Defendants James Anthony Block, Does 1 to 100, Inclusive, Kuehne Nagle, Inc., Medtronic Minimed, Inc., Medtronic, Inc., Transport Distribution Services, Inc., Western Specialized, Inc. Jury Demanded., filed by plaintiff Ashley Elizabeth Halvorson. (FILED IN STATE COURT ON 1/4/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) Modified on 8/26/2024 (ghap). |
| Filing 3 NOTICE of Interested Parties filed by Defendant Transport Distribution Services, Inc., (Berberich, Daniel) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Transport Distribution Services, Inc.. (Berberich, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Ashley Elizabeth Halvorson v. Western Specialized, Inc., et al., case number CIVSB2304912 Receipt No: ACACDC-38081347 - Fee: $405, filed by Defendant Transport Distribution Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Attorney Daniel F Berberich added to party Transport Distribution Services, Inc.(pty:dft))(Berberich, Daniel) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
