Kaur v. Olympus Corporation of the Americas et al
| Sarbjit Kaur |
| Olympus Corporation of the Americas, Mohammad Arain and Madera Community Hospital |
| 1:2023cv01288 |
| August 28, 2023 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Sheila K Oberto |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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Filing 16
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/13/2023: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 11/28/2023, is CONTINUED to 9/10/2024, at 9:30 AM, before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 15
MINUTE ORDER signed by District Judge Ana de Alba on 10/10/2023: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #14 motion to dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court orders the parties to reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. Unfortunately, despite all diligent efforts to address the backlog of more than 130 motions in Judge de Alba's recently re-assigned caseload, it may still be months before the parties' pending motion is resolved. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously.(Hernandez, M)
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| Filing 14 MOTION to DISMISS by Olympus Corporation of the Americas. Motion Hearing set for 12/11/2023 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Attachments: #1 Declaration of Nicholas J. Hoffman in Support of Olympus Corporation of the Americas' Motion to Dismiss Plaintiff's First Amended Complaint, #2 Proposed Order)(Hoffman, Nicholas) |
| Filing 13 OPPOSITION by Olympus Corporation of the Americas to #11 Motion to Remand. (Hoffman, Nicholas) |
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Filing 12
MINUTE ORDER signed by District Judge Ana de Alba on 9/26/2023: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #11 motion to remand will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court orders the parties to reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. Unfortunately, despite all diligent efforts to address the backlog of more than 130 motions in Judge de Alba's recently re-assigned caseload, it may still be months before the parties' pending motion is resolved. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously.(Hernandez, M)
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| Filing 11 MOTION to REMAND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; MEET AND CONFER DECLARATION by Sarbjit Kaur. (Mackay, Sassan) |
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Filing 10
MINUTE ORDER signed by District Judge Ana de Alba on 9/22/2023: (Text Only Entry) On September 15, 2023, the parties filed a #8 stipulation regarding Defendant Olympus Corporation of the Americas' #4 motion to dismiss. Having considered the stipulation and good cause appearing, the Court grants the request of the parties. Accordingly, Plaintiff shall file an amended complaint no later than September 29, 2023. Further, if Plaintiff does not file an amended complaint by that date, Defendant Olympus Corporation of the Americas may renew its motion to dismiss the initial complaint, but it must do so no later than October 13, 2023. (Hernandez, M)
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| Filing 9 FIRST AMENDED COMPLAINT against All Defendants by Sarbjit Kaur.(Mackay, Sassan) |
| Filing 8 STIPULATION and PROPOSED ORDER for Olympus Corporation of the Americas' Motion to Dismiss re 7 Minute Order,,,, by Olympus Corporation of the Americas. (Hoffman, Nicholas) |
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Filing 7
MINUTE ORDER signed by District Judge Ana de Alba on 9/8/2023: (Text Only Entry) On September 7, 2023, Defendant Olympus Corporation of the Americas filed a #4 motion to dismiss. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The #4 motion to dismiss contains no declaration regarding efforts to meet and confer. Therefore, Defendant's #4 motion to dismiss is denied without prejudice. If, after meeting and conferring, Defendant still wishes to file a motion to dismiss, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions.(Hernandez, M)
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| SERVICE BY MAIL: 7 Minute Order,,,, served on Sassan Mackay NCAED. (Hernandez, M) |
| Filing 6 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Ana de Alba and Magistrate Judge Sheila K. Oberto. The new case number is: 1:23-cv-01288-ADA-SKO. (Rivera, O) |
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Filing 5
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/6/2023: (Text Only Entry) Pursuant to paragraph (m) of the Automated Case Assignment Plan, Appendix A to the Local Rules of the United States District Court, Eastern District of California, this case was randomly assigned directly to Magistrate Judge Sheila K. Oberto. (See Doc. #2 -1.) Without the written consent of all parties, pursuant to 28 U.S.C. 636(c), a Magistrate Judge cannot conduct all proceedings and enter judgment in this case. (See id.) As there has been no written consent of all parties at this time, the hearing on Defendant's motion to dismiss set for October 18, 2023 (Doc. #4 ) is VACATED, to be re-set, if appropriate, before the to-be-assigned district judge. Accordingly, the Clerk of Court is DIRECTED to assign a district judge to this case. (Kusamura, W)
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| SERVICE BY MAIL: 5 Minute Order served on Sassan Mackay NCAED. (Rivera, O) |
| SERVICE BY MAIL: 6 Clerk's Notice Reassigning Case served on Sassan Mackay NCAED. (Rivera, O) |
| Filing 4 MOTION to DISMISS by Olympus Corporation of the Americas. Motion Hearing set for 10/18/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Proposed Order Granting Defendant Olympus Corporation of The Americas' Motion to Dismiss Plaintiff's Complaint)(Hoffman, Nicholas) |
| Filing 3 CLERK'S NOTICE to Attorney Sassan Mackay: Our records indicate you are not currently admitted to practice in the Eastern District of California. Attorney is directed to apply for Admission through PACER.gov. (Xiong, J.) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/28/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Appendix A(m), #2 Order re Consent, #3 VDRP) (Xiong, J.) |
| SERVICE BY MAIL: #2 Civil New Case Documents for Magistrate as Presider, 3 Clerk's Notice of Docket Correction served on Sassan Mackay NCAED. (Xiong, J.) |
| RECEIPT number ACAEDC-11043756 for the filing fee of $402.00 which was paid on 8/28/2023 by Nicholas J Hoffman. (Marrujo, C) |
| Filing 1 NOTICE of REMOVAL by Olympus Corporation of the Americas. (Attachments: #1 Civil Cover Sheet, #2 Statement of Corporate Disclosures per Rule 7.1)(Hoffman, Nicholas) |
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