Nichole Kec v. R.J. Reynolds Tobacco Company et al
| Nichole Kec |
| Does 1 to 50, inclusive, William Roth, R.J. Reynolds Tobacco Company, Staci Meyer, Daniel Harrington and Reynolds American, Inc. |
| 8:2019cv00020 |
| January 4, 2019 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| 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 April 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 TRANSMITTAL of documents to Orange County Superior Court, Civil Complex Center. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court, Civil Complex Center. (twdb) |
| Filing 36 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting #16 MOTION to Remand Case to State Court. RE: #20 . For the reasons set forth above, the Court GRANTS Plaintiffs Motion to Remandand REMANDS this action to the Superior Court of the State of California, County ofOrange. 30-02018-01031808-CU-DE-CXC. MD JS-6. Case Terminated. (twdb) |
| Filing 35 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 4/11/2019 @ 8:30 AM has been CANCELLED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 34 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 4/15/2019 @ 8:30 AM has been rescheduled. Scheduling Conference set for 4/11/2019 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
Filing 33
ORDER TO CONTINUE MOTION FOR CLASS CERTIFICATION DEADLINE #31 by Judge David O. Carter. The deadline to file Plaintiffs Motion for Class Certification is continued from April 4, 2019 to July 15, 2019. IT IS SO ORDERED. re Stipulation to Continue #31 (yl)
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| Filing 32 JOINT REPORT FOR INITIAL SCHEDULING CONFERENCE REPORT filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Zadravecz, Steven) |
| Filing 31 First STIPULATION to Continue Class Certification from April 4, 2019 to July 15, 2019 filed by Plaintiff Nichole Kec. (Attachments: #1 Proposed Order Proposed Order)(Mirzayan, Natalie) |
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Filing 30
ORDER by Judge David O. Carter, re Stipulation to Reschedule #28 . DENIED BY ORDER OF THE COURT. (twdb)
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| Filing 29 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Compel Arbitration NOTICE OF MOTION AND MOTION to Stay Case pending Arbitration Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.'s Notice of Motion and Motion to Compel Arbitration and Request to Stay Proceedings #17 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 3/25/2019 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 28 Joint STIPULATION to Reschedule and Request Shortening of Time of Defendants R.J. Reynolds Tobacco Co. and Reynolds American Inc.'s Motion to Compel Arbitration and Request to Stay Proceedings filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Attachments: #1 Proposed Order re Motion Hearing)(Zadravecz, Steven) |
| Filing 27 REPLY In Support NOTICE OF MOTION AND MOTION to Compel Arbitration NOTICE OF MOTION AND MOTION to Stay Case pending Arbitration Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.'s Notice of Motion and Motion to Compel Arbitration and Request to Stay Proceedings #17 filed by Defendants R.J. Reynolds Tobacco Company, Reynolds American, Inc.. (Attachments: #1 Defendants' Evidentiary Objections to Declaration of Natalie Mirzayan, Esq., #2 Proposed Order Sustaining Defendants' Evidentiary Objections to Declaration of Natalie Mirzayan, Esq.)(Zadravecz, Steven) |
| Filing 26 Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Compel Arbitration NOTICE OF MOTION AND MOTION to Stay Case pending Arbitration Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.'s Notice of Motion and Motion to Compel Arbitration and Request to Stay Proceedings #17 filed by Plaintiff Nichole Kec. (Attachments: #1 Declaration Declaration in Opposition to Defendants Motion to Compel Arbitration and Stay of Proceedings)(Mirzayan, Natalie) |
| Filing 25 REPLY In Support of Plaintiff's Motion to Remand First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #16 filed by Plaintiff Nichole Kec. (Mirzayan, Natalie) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting in part #18 EX PARTE APPLICATION to Continue. Accordingly, the Motion to Remand is taken under submission and the hearing is taken off calendar. The briefing schedule remains unchanged. The Court agrees that resolution of this motion and the Motion to Compel Arbitration may obviate the need for a scheduling conference. Scheduling Conference continued to 4/15/2019 before Judge David O. Carter. The hearing on the Motion to Compel remains on calendar at this time. The parties are encouraged to resolve scheduling issues without the need for ex parte applications. (twdb) . |
| Filing 23 OBJECTION in Support of re: EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Remand Case to State Court and Request for Attorney's Fees and Initial Scheduling Conference from March 4, 2019 to Reset Scheduling Conference to April 15, 2019; reset Motio #18 Defendants' Objection to Plaintiff's Opposition to Defendants' Ex Parte Application for an Order Continuing Scheduling Conference and Motion Hearing Date filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Zadravecz, Steven) |
| Filing 22 PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION FOR AN ORDER CONTINUING SCHEDULING CONFERENCE AND MOTION HEARING DATE In Opposition re: EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Remand Case to State Court and Request for Attorney's Fees and Initial Scheduling Conference from March 4, 2019 to Reset Scheduling Conference to April 15, 2019; reset Motio #18 filed by Plaintiff Nichole Kec. (Attachments: #1 Declaration Declaration in Opposition to Defendants Ex Parte Application)(Mirzayan, Natalie) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE Defendants' Request For Judicial Notice in Support of Defendants' Opposition to Plaintiff's Motion For An Order To Remand Case To State Court; and Request For Attorney Fees filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Attachments: #1 Exhibit Exhibits 1-5 to Defendants' Request For Judicial Notice in Support of Defendants' Opposition to Plaintiff's Motion For An Order to Remand Case To State Court; and Request For Attorney Fees, #2 Proposed Order Granting Defendants' Request for Judicial Notice in Support of Defendants' Opposition To Plaintiff's Motion For An Order to Remand Case to State Court and Request for Attorney Fees)(Zadravecz, Steven) |
| Filing 20 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #16 Memorandum of Points and Authorities in Support of Defendants' Opposition to Plaintiff's Motion For An Order to Remand Case to State Court and Request For Attorney's Fees filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Attachments: #1 Declaration of Allison E. Crow in Support of Defendants' Opposition to Plaintiff's Motion for an Order To Remand Case to State Court; and Request For Attorney Fees)(Zadravecz, Steven) |
| Filing 19 CERTIFICATE OF SERVICE filed by Defendant Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth, re EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Remand Case to State Court and Request for Attorney's Fees and Initial Scheduling Conference from March 4, 2019 to Reset Scheduling Conference to April 15, 2019; reset Motio #18 served on February 11, 2019. (Crow, Allison) |
| Filing 18 EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Remand Case to State Court and Request for Attorney's Fees and Initial Scheduling Conference from March 4, 2019 to Reset Scheduling Conference to April 15, 2019; reset Motion to Remand Hearing to March 18, 2019 Re: Initial Order Setting R26 Scheduling Conference - form only #15 , First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #16 filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Attachments: #1 Declaration of Steven M. Zadravecz in Support of Defendants Ex Parte Application for an Order Continuing Scheduling Conference and Motion Hearing Date, #2 Exhibit Exhibits A-B to Declaration of Steven M. Zadravecz in Support of Defendants Ex Parte Application for an Order Continuing Scheduling Conference and Motion Hearing Date, #3 Proposed Order [Proposed] Order Granting Defendants Ex Parte Application for an Order Continuing Scheduling Conference and Motion Hearing Date) (Zadravecz, Steven) |
| Filing 17 NOTICE OF MOTION AND MOTION to Compel Arbitration, NOTICE OF MOTION AND MOTION to Stay Case pending Arbitration Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.'s Notice of Motion and Motion to Compel Arbitration and Request to Stay Proceedings filed by Defendants R.J. Reynolds Tobacco Company, Reynolds American, Inc.. Motion set for hearing on 3/25/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.s Motion to Compel Arbitration and Request to Stay Proceedings, #2 Declaration Declaration of Benjamin Bomberger in Support of Defendants Motion to Compel Arbitration and Request to Stay Proceedings, #3 Exhibit A to Declaration of Benjamin Bomberger in Support of Defendants Motion to Compel Arbitration and Request to Stay Proceedings, #4 Declaration Declaration of Steven M. Zadravecz in Support of Defendants Motion to Compel Arbitration and Request to Stay Proceedings, #5 Proposed Order [Proposed] Order Granting Defendants R.J. Reynolds Tobacco Company and Reynolds American Inc.a Motion to Compel Arbitration and Staying Entire Action) (Zadravecz, Steven) |
| Filing 16 First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff Nichole Kec. Motion set for hearing on 3/4/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of P & A, #2 Declaration Declaration of Natalie Mirzayan ISO Motion to Remand, #3 Proposed Order Proposed Order) (Mirzayan, Natalie) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 3/4/2019 @ 8:30 AM before Judge David O. Carter. (dgo)
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Filing 14
Text Only Order VACATING Order to Show Cause #12 by Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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| Filing 13 NOTICE of Re-Filing of Defendants' Previously Filed State Court Answer With Federal Court filed by Defendants' Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Zadravecz, Steven) |
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Filing 12
[VACATED 1/30/2019] MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. SEE DOCUMENT FOR FURTHER INFORMATION. Show Cause Response due by 1/30/2019. (twdb) Modified on 1/30/2019 (dgo).
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| Filing 11 CERTIFICATE OF SERVICE filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth, Certificate of Service of Notice to Adverse Party and State Court of Removal to Federal Court with Exhibit 1 served on January 4, 2019. (Crow, Allison) |
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Filing 10
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Cormac J. Carney, for the reasons set forth on this order. Related Case No. SACV17-01568 CJC(KESx) (lwag)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Nichole Kec, upon Defendant Reynolds American, Inc. acknowledgment sent by Plaintiff on 11/17/2018, answer due 12/8/2018. Acknowledgment of Service signed by Allison E. Crow, Attorney. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF Receipt of Summons and Complaint returned Executed filed by Plaintiff Nichole Kec, upon Defendant R.J. Reynolds Tobacco Company acknowledgment sent by Plaintiff on 11/17/2018, answer due 12/8/2018. Acknowledgment of Service signed by Allison E. Crow, Attorney. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does, Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. Jury Demanded, filed by Plaintiff Nichole Kec. #1 [FILED IN STATE COURT ON 11/07/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Nichole Kec, upon Defendant Staci Meyer acknowledgment sent by Plaintiff on 11/17/2018, answer due 12/8/2018. Acknowledgment of Service signed by Allison E. Crow, Attorney. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Nichole Kec, upon Defendant Daniel Harrington acknowledgment sent by Plaintiff on 11/17/2018, answer due 12/8/2018. Acknowledgment of Service signed by Allison E. Crow, Attorney. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Nichole Kec, upon Defendant William Roth acknowledgment sent by Plaintiff on 11/17/2018, answer due 12/8/2018. Acknowledgment of Service signed by Allison E. Crow, Attorney. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| CONFORMED FILED COPY OF ANSWER to Class Action Complaint, filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. [FILED IN STATE COURT ON 12/27/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](lh) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT Defendant R.J. Reynolds Tobacco Company's F.R.C.P. 7.1 Corporate Disclosure Statement filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth identifying Reynolds American Inc. as Corporate Parent. (Zadravecz, Steven) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT Defendant Reynolds American Inc.'s F.R.C.P. 7.1 Corporate Disclosure Statement filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth identifying British American Tobacco p.l.c. as Corporate Parent. (Zadravecz, Steven) |
| Filing 4 NOTICE of Interested Parties filed by Defendants Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth, (Zadravecz, Steven) |
| Filing 3 NOTICE of Related Case(s) filed by Defendants' Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. Related Case(s): 8:17-CV-01568-CJC-KES (Zadravecz, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Does 1 to 50, Inclusive, Daniel Harrington, Staci Meyer, R.J. Reynolds Tobacco Company, Reynolds American, Inc., William Roth. (Zadravecz, Steven) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2018-01031808-CU-OE-CXC Receipt No: 0973-22991830 - Fee: $400, filed by Defendants' Daniel Harrington, Staci Meyer, Reynolds American, Inc., R.J. Reynolds Tobacco Company, William Roth. (Attachments: #1 Declaration Declaration of Allison Crow in Support of Defendants' Notice of Removal of Civil Action from State Court, #2 Declaration of Deborah E. Culler in Support of Defendants' Notice of Removal of Civil Action from State Court) (Attorney Steven M Zadravecz added to party Daniel Harrington(pty:dft), Attorney Steven M Zadravecz added to party Staci Meyer(pty:dft), Attorney Steven M Zadravecz added to party R.J. Reynolds Tobacco Company(pty:dft), Attorney Steven M Zadravecz added to party Reynolds American, Inc.(pty:dft), Attorney Steven M Zadravecz added to party William Roth(pty:dft))(Zadravecz, Steven) |
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