Stewart v. National Railroad Passenger Corporation
Plaintiff: Theresa Stewart
Defendant: National Railroad Passenger Corporation and Amtrak
Case Number: 1:2023cv00792
Filed: May 24, 2023
Court: US District Court for the Eastern District of California
Presiding Judge: Ana de Alba
Referring Judge: Erica P Grosjean
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2023 Opinion or Order Filing 24 MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on July 6, 2023: As discussed at the scheduling conference, the parties shall jointly email the Court's Courtroom deputy, Michelle Means Rooney, (mrooney@caed.uscourts.gov), regarding the parties interest in a settlement conference by no later than July 21, 2023. (Text Only Entry) (Vue, Yee)
July 6, 2023 Filing 23 MINUTES for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: INITIAL SCHEDULING CONFERENCE held on 7/6/2023 with an order to follow. Plaintiffs Counsel Paul Tashnizi present. Defendants Counsel Michael Murphy present. Court Reporter/CD Number: None. (Vue, Yee)
June 29, 2023 Filing 22 JOINT SCHEDULING REPORT filed by National Railroad Passenger Corporation. (Murphy, Michael)
May 30, 2023 Opinion or Order Filing 21 MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on May 30, 2023: This case, filed on April 12, 2023, was transferred from the Central District to this Court on May 24, 2023. In light of this fact and pursuant to Federal Rule of Civil Procedure 16(b)(2), IT IS ORDERED that the initial scheduling conference currently set for September 7, 2023, is ADVANCED to July 6, 2023, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties shall file a joint scheduling report one full week prior to the conference. (Text Only Entry) (Rooney, M)
May 24, 2023 Filing 20 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/7/2023 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Lundstrom, T)
May 24, 2023 Filing 19 CASE TRANSFERRED IN from District of California Central; Case Number 2:23-cv-02742.
May 22, 2023 Opinion or Order Filing 18 MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The Court concludes that transferring this case will better serve the interest of justice and the convenience of the parties and witnesses. Transfer under 28 U.S.C. 1404(a) is therefore appropriate. The Court hereby orders the Clerk to transfer this action to the United States District Court for the Eastern District of California. (See document for further details). (MD JS-6. Case Terminated.) (aco) [Transferred from cacd on 5/24/2023.]
May 17, 2023 Filing 17 Notice Notice of Unavailability filed by Plaintiff Theresa Stewart. (Tashnizi, Paul) [Transferred from cacd on 5/24/2023.]
May 16, 2023 Filing 16 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for July 3, 2023, at 10:30 a.m. This action has been assigned to the calendar of United States District Judge Percy Anderson. (See document for further details). (aco) [Transferred from cacd on 5/24/2023.]
May 15, 2023 Filing 15 RESPONSE filed by Defendant National Railroad Passenger Corporationto Order to Show Cause,,, #11 (Murphy, Michael) [Transferred from cacd on 5/24/2023.]
May 15, 2023 Filing 14 CERTIFICATE of Interested Parties filed by Defendant National Railroad Passenger Corporation, identifying National Railroad Passenger Corporation service mark Amtrak. (Murphy, Michael) [Transferred from cacd on 5/24/2023.]
May 15, 2023 Filing 13 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant National Railroad Passenger Corporation.(Attorney Michael E. Murphy added to party National Railroad Passenger Corporation(pty:dft))(Murphy, Michael)[Transferred from cacd on 5/24/2023.]
April 28, 2023 Filing 12 RESPONSE filed by Plaintiff Theresa Stewartto Order to Show Cause,,, #11 (Tashnizi, Paul) [Transferred from cacd on 5/24/2023.]
April 14, 2023 Opinion or Order Filing 11 MINUTES IN CHAMBERS-ORDER TO SHOW CAUSE by Judge Percy Anderson. Accordingly, the Court orders the parties to show cause in writing why venue is proper in the Central District, and why this action should not be dismissed for improper venue or transferred to the Eastern District or another United States District Court for the convenience of the parties and witnesses, and in the interest of justice. Plaintiff is ordered to personally serve a copy of this Order on any defendant that has already been served with the Complaint within three (3) court days of the date of this Order, or at the time of service for any defendant that has not already been served. Plaintiff is ordered to file her Response to this Order no later than April 28, 2023. Defendant may file a Response no later than the latter of May 12, 2023, or 21 days after it is served with the Summons and Complaint. (See document for further details). (aco) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Opinion or Order Filing 10 STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. (see document for further details) (bm) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Filing 9 Notice of Interested Parties NOTICE of Interested Parties (Tashnizi, Paul) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant National Railroad Passenger Corporation. (jtil) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Theresa Stewart. (Tashnizi, Paul) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. The Civil Cover Sheet should have been filed under a separate event, not as an attachment to the complaint. Please utilize CM/ECF resources such as the search tool to locate the appropriate events for filing. No further action is required unless directed by the Court. (jtil) [Transferred from cacd on 5/24/2023.]
April 13, 2023 Filing 5 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The Summons Requests was filed under the incorrect event. The correct event is: Civil Events > Service Documents > Service/Waivers of Summons and Complaints > Summons Request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) [Transferred from cacd on 5/24/2023.]
April 12, 2023 Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from cacd on 5/24/2023.]
April 12, 2023 Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from cacd on 5/24/2023.]
April 12, 2023 Filing 2 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jean P. Rosenbluth. (jtil) [Transferred from cacd on 5/24/2023.]
April 12, 2023 Filing 1 COMPLAINT Receipt No: ACACDC-35124998 - Fee: $402, filed by plaintiff Theresa Stewart. (Attachments: #1 Summons, #2 Civil Cover Sheet) (Attorney Paul Parviz Tashnizi added to party Theresa Stewart(pty:ip))(Tashnizi, Paul) [Transferred from cacd on 5/24/2023.]

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Defendant: National Railroad Passenger Corporation
Represented By: Michael E. Murphy
Represented By: Brock B. Christensen
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Defendant: Amtrak
Represented By: Brock B. Christensen
Represented By: Michael E. Murphy
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Plaintiff: Theresa Stewart
Represented By: Paul Parviz Tashnizi
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