Tillman v. ESA Management, LLC
Plaintiff: Robin Tillman
Defendant: Extended Stay America, Inc. and ESA Management, LLC
Case Number: 2:2020cv00647
Filed: March 25, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Kimberly J Mueller
Referring Judge: Kendall J Newman
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2020 Opinion or Order Filing 18 ORDER signed by Chief District Judge Kimberly J. Mueller on 12/14/2020 GRANTING #13 Motion to Remand. CASE REMANDED to Sacramento County Superior Court. Copy of remand order sent to Sacramento County Superior Court, Case Number 34-02020-00274218. CASE CLOSED. (Mena-Sanchez, L)
October 9, 2020 Filing 17 REPLY by Robin Tillman re #15 Opposition to Motion, #14 Proposed Order, #13 Motion to Remand, Minute Order (ECF No. 16)(Werbin, Anthony) Modified on 10/14/2020 (Kastilahn, A).
October 6, 2020 Filing 16 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), Plaintiff's Motion for Leave to Amend and Remand Case to State Court, ECF No. #13 , is SUBMITTED without oral argument. The motion is submitted on the briefs, including the reply brief, if any, as provided by Local Rule 230(d). Accordingly, the hearing date of 10/16/2020 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C)
October 2, 2020 Filing 15 OPPOSITION by ESA Management, LLC to #13 Motion to Remand,. (Attachments: #1 Declaration of Rebecca L. Menendez)(Painter, Charles)
September 3, 2020 Filing 14 PROPOSED ORDER re #13 Motion to Remand and Leave to Amend Complaint by Robin Tillman. (Werbin, Anthony) Modified on 9/3/2020 (Kaminski, H).
September 3, 2020 Filing 13 MOTION to REMAND and Leave to Amend Complaint by Robin Tillman. Motion Hearing set for 10/16/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Anthony Werbin, Esq., #3 Meet and Confer Letter, #4 First Amended Complaint)(Werbin, Anthony) Modified on 9/3/2020 (Kaminski, H).
August 21, 2020 Opinion or Order Filing 12 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 8/20/2020. (Coll, A)
August 18, 2020 Filing 11 STIPULATION and PROPOSED ORDER for Protective Order by ESA Management, LLC. (Painter, Charles)
August 6, 2020 Filing 10 MINUTES for SCHEDULING held before Chief District Judge Kimberly J. Mueller on 8/6/2020, and F.R.Cv.P. 16 BENCH ORDER: Plaintiff's Counsel, Anthony Werbin, appeared via video. Defendant's Counsel, Rebecca Menendez, appeared via video. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, and confirming that diversity may be disputed but currently the question is not before the court, the court ORDERED the following pre-trial case schedule: Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 8/14/2020; fact discovery shall be completed by 4/1/2021; expert disclosures shall be completed by 5/3/2021; rebuttal expert witnesses shall be exchanged by 5/17/2021; all expert discovery shall be completed by 8/2/2021; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 6/1/2021. After consideration of the parties' comments related to settlement, the court is prepared to refer the case to the Voluntary Dispute Resolution Program (VDRP) for a time to be determined in November 2020; however, it will wait to receive a joint request from the parties indicating they are in fact ready for a referral by that time. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the courts standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Kimberly Bennett. [Text Only Entry] (Michel, G.)
July 23, 2020 Filing 9 JOINT STATUS REPORT by ESA Management, LLC. (Painter, Charles)
May 5, 2020 Filing 8 ANSWER with Jury Demand by ESA Management, LLC. (Attachments: #1 Proof of Service)(Painter, Charles)
April 8, 2020 Filing 7 CLERK'S NOTICE to Attorneys Daniel Azizi and Anthony Werbin: You are not admitted to practice in the Eastern District of California. Do not sign or file any further documents in this case until you become admitted to practice in the Eastern District of California. [Petition for Admission included in Service by Mail] (TEXT ONLY ENTRY) (Donati, J)
April 8, 2020 SERVICE BY MAIL: 7 Clerk's Notice served on Daniel Azizi and Anthony Werbin. (Donati, J)
April 7, 2020 Filing 6 SUMMONS ISSUED as to *ESA Management, LLC* with answer to complaint due within *21* days. Attorney *Daniel Azizi* *601 N. Vermont Avenue* *Suite 950* *Los Angeles, CA 90004*. (Michel, G.)
April 7, 2020 Filing 5 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for Chief District Judge Kimberly J. Mueller on 4/7/2020 GRANTING the parties' Stipulation to Amend the Complaint (ECF No. #4 ). Accordingly, Defendant Extended Stay America, Inc. is hereby DISMISSED without prejudice. Further, the Complaint is AMENDED to substitute Defendant ESA Management, LLC in place of Defendant Extended Stay America, Inc. (Text Only Entry) (Michel, G.)
April 7, 2020 SERVICE BY MAIL: 5 Minute Order, #6 Summons served on Daniel Azizi NCAED. (Michel, G.)
April 2, 2020 Filing 4 STIPULATION and PROPOSED ORDER Amending Complaint by Extended Stay America, Inc.. (Attachments: #1 Proof of Service)(Painter, Charles) Modified on 4/3/2020 (Kaminski, H).
March 27, 2020 Filing 3 CERTIFICATE of SERVICE re #2 CIVIL NEW CASE DOCUMENTS by Extended Stay America, Inc.. (Painter, Charles) Modified on 3/30/2020 (Kaminski, H).
March 26, 2020 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/6/2020, at 02:30 PM, in Courtroom 3 (KJM), before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (York, M)
March 26, 2020 SERVICE BY MAIL: Non-Admitted Letter along with a courtesy copy of #2 Civil New Case Documents served on Daniel Azizi NCAED. (York, M)
March 25, 2020 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2020-00274218 by Extended Stay America, Inc. (Filing fee $400, receipt number 0972-8814299) (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement)(Painter, Charles)

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Defendant: Extended Stay America, Inc.
Represented By: Charles Stephen Painter
Represented By: Rebecca L. Menendez
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Defendant: ESA Management, LLC
Represented By: Rebecca L. Menendez
Represented By: Charles Stephen Painter
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Plaintiff: Robin Tillman
Represented By: Daniel Azizi, NCAED
Represented By: Daniel Azizi
Represented By: Anthony Werbin
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