MIke Krebs v. Mitsubishi Motors North America, Inc. et al
| Mike Krebs |
| Mitsubishi Motors North America, Inc. and Retirement Committee Mitsubishi Motors North America, Inc. |
| 8:2023cv02073 |
| November 3, 2023 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John D Early |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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| Filing 21 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on March 28, 2024. (rrp) |
| Filing 20 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #19 PLAINTIFFS COMPLAINT filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit 1 - Supplemental Executive Retirement Plan, effective as of January 1, 2005 plan document and amendments., #2 Exhibit 2 - SERP I Top-Hat Notice., #3 Exhibit 3 - April 6, 2022 Email from administrative claim file., #4 Exhibit 4 - June 6, 2022 Email from administrative claim file., #5 Exhibit 5 - June 14, 2022 Email from administrative claim file., #6 Exhibit 6 - September 7, 2022 Email from administrative claim file., #7 Exhibit 7- September 12, 2022 Claim Denial Letter from administrative claim file., #8 Exhibit 8 - October 10, 2022 document request from administrative claim file., #9 Exhibit 9 - November 15, 2022 Appeal Letter from administrative claim file., #10 Exhibit 10 - March 16, 2023 Appeal Denial from administrative claim file., #11 Proposed Order)(Levenson, Jules) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANTS Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. Motion set for hearing on 2/26/2024 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum OF POINTS & AUTHORITIES, #2 Proposed Order) (Levenson, Jules) |
Filing 18
ORDER by Judge Cormac J. Carney, Granting Stipulation to Set Motion to Dismiss Briefing Schedule #17 . Motion to Dismiss to be filed: 12/22/23; ( Responses due by 1/22/2024, Replies due by 2/12/2024., Motion set for hearing on 2/26/2024 at 01:30 PM before Judge Cormac J. Carney.) (twdb)
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| Filing 17 STIPULATION for Extension of Time to File Motion to Dismiss and set Briefing Schedule filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Attachments: #1 Proposed Order GRANTING STIPULATION TO SET MOTION TO DISMISS BRIEFING SCHEDULE)(Levenson, Jules) |
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Filing 16
ORDER by Judge Cormac J. Carney Granting #14 Non-Resident Attorney Claire B Danzl APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Mike Krebs, designating Glenn Kantor as local counsel. (bm)
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| Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Claire B. Danzl to Appear Pro Hac Vice on behalf of Plaintiff Mike Krebs (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36517490) #14 . The following error(s) was/were found: The case number should read 8:23-cv-02073 CJC-JDEx (sbou) |
| Filing 14 APPLICATION of Non-Resident Attorney Claire B. Danzl to Appear Pro Hac Vice on behalf of Plaintiff Mike Krebs (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36517490) filed by plaintiff Mike Krebs. (Attachments: #1 Proposed Order) (Kantor, Glenn) |
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Filing 13
ORDER by Judge Cormac J. Carney: GRANTING #8 Non-Resident Attorney Ian H. Morrison APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) MITSUBISHI MOTORS NORTH AMERICA, INC. and RETIREMENT COMMITTEE, MITSUBISHI MOTORS NORTH AMERICA, INC., designating Ryan R. Tikker as local counsel. (es)
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Filing 12
ORDER by Judge Cormac J. Carney: GRANTING #7 Non-Resident Attorney Jules A. Levenson APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Mitsubishi Motors North Amerka, Inc., and Retirement Committee Mitsubishi Motors North America, Inc. designating Ryan R,. Tikker as local counsel. (es)
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| Filing 11 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge Cormac J. Carney for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge John D. Early. The case number will now reflect the initials of the transferee Judges 8:23-cv-02073 CJC(JDEx). (rn) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc..(Tikker, Ryan) |
| Filing 9 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by plaintiff Mike Krebs. (Kantor, Glenn) |
| Filing 8 APPLICATION of Non-Resident Attorney Ian H. Morrison to Appear Pro Hac Vice on behalf of Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36381742) filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Attachments: #1 Proposed Order) (Tikker, Ryan) |
| Filing 7 APPLICATION of Non-Resident Attorney Jules A. Levenson to Appear Pro Hac Vice on behalf of Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36381622) filed by Defendant Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Tikker, Ryan) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jules A Levenson on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ian H Morrison on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc. Jury Demanded., filed by plaintiff Mike Krebs. (FILED IN STATE COURT ON 9/12/02023 SUBMITTED ATTACHED ATTACHED EXHIBIT A) (ghap) |
| NON CONFORM COPY OF PROOF OF SERVICE Executed by Plaintiff Mike Krebs, upon Defendant Mitsubishi Motors North America, Inc. served on 10/4/2023, answer due 10/25/2023. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent, Daisy Montenegro in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| NON CONFORM COPY OF PROOF OF SERVICE Executed by Plaintiff Mike Krebs, upon Defendant Retirement Committee Mitsubishi Motors North America, Inc. served on 10/4/2023, answer due 10/25/2023. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent in compliance with California Code of Civil Procedure by personal service. (SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc., identifying Mitsubishi Motors Corporation (parent of Mitsubishi Motors North America, Inc.). (Tikker, Ryan) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Tikker, Ryan) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Orange County, case number 30-2023-01349166-CU-CO-CJC Receipt No: ACACDC-36347811 - Fee: $402, filed by Defendants Mitsubishi Motors North America, Inc., Retirement Committee Mitsubishi Motors North America, Inc.. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit Draft Notice to State Court) (Attorney Ryan Robert Tikker added to party Mitsubishi Motors North America, Inc.(pty:dft), Attorney Ryan Robert Tikker added to party Retirement Committee Mitsubishi Motors North America, Inc.(pty:dft))(Tikker, Ryan) |
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