Mami v. Mercedes-Benz USA, LLC et al
| Ahmed Mami |
| Mercedes-Benz USA, LLC and Berberian European Motors, LLC Doing business as Mercedes-Benz of Stockton |
| 2:2023cv01549 |
| July 27, 2023 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| William B Shubb |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 REPLY by Ahmed Mami re #8 Motion to Remand,. (Jacobson, Kevin) |
| Filing 13 OPPOSITION by Mercedes-Benz USA, LLC to #8 Motion to Remand,. (O'Brien, Kelsey) |
| Filing 12 MINUTE ORDER issued by Relief Courtroom Deputy M. Francel for Senior Judge William B. Shubb on 8/28/2023: Pursuant to the Clerk's Notice Reassigning Case to Senior Judge William B. Shubb and Magistrate Judge Kendall J. Newman issued 8/28/2023 (Docket No. 10), the parties are hereby notified that Plaintiff's #8 Motion to Remand is reset for hearing on 10/16/2023 at 01:30 PM in Courtroom 5 before Senior Judge William B. Shubb. (Francel, M.) |
| Filing 11 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/18/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
| Filing 10 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Senior Judge William B. Shubb and Magistrate Judge Kendall J. Newman. The new case number is: 2:23-cv-1549 WBS KJN. (Benson, A.) |
| Filing 9 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 8/28/2023: Given that the court has not received the consent/decline forms from all parties, despite two prior orders on this issue, the clerk of the court is directed to randomly assign a district judge to this action. Further, plaintiff's motion to remand (ECF No. #8 ) is procedurally improper, given the magistrate judge's lack of authority to hear the matter. Therefore, the October 17, 2023 hearing on plaintiff's motion is VACATED. Plaintiff may re-notice the matter before the newly-assigned district judge. (Text Only Entry)(Waldrop, A) |
| Filing 8 MOTION to REMAND by Ahmed Mami. Motion Hearing set for 10/17/2023 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Declaration of Kevin Jacobson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Jacobson, Kevin) |
| Filing 7 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 8/16/2023: The court is in receipt of defendant's removal notice and answer along with plaintiff's complaint and demand for jury trial. (ECF Nos. 1-4.) Given that this case was assigned to a magistrate judge under Appendix A, sub. (m) of the court's local rules, but that the parties have yet to submit their consent/decline forms regarding magistrate judge jurisdiction, 28 U.S.C. 636(c), the court is unable to move this litigation forward. There is no obligation to consent, and no judge will be notified of a party's decision unless all parties have consented. Fed. R. Civ. P. 73(b)(1). Still, the initial scheduling order requires each party to inform the court of their decision (in removal cases, within 14 days of removal). (ECF No. 2 at 2, fn. 1.) Accordingly, it is hereby ORDERED that the parties shall submit their consent/decline forms within 7 days of this order. (Text Only Entry) (Waldrop, A) |
| Filing 6 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (O'Brien, Kelsey) |
| Filing 5 CERTIFICATE / PROOF of SERVICE by Mercedes-Benz USA, LLC. (O'Brien, Kelsey) |
| Filing 4 DEMAND for TRIAL by JURY by Mercedes-Benz USA, LLC. (O'Brien, Kelsey) |
| Filing 3 CERTIFICATE / PROOF of SERVICE by Mercedes-Benz USA, LLC. (Attachments: #1 Exhibit 1 - Notice to State Court and Adverse Party of Removal of Action to Federal Court, #2 Exhibit 2 - Service Email to Plaintiff's Counsel of Notice to State Court of Removal)(O'Brien, Kelsey) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Perdue, C.) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2023-00337700-CU-BC-GDS by Mercedes-Benz USA, LLC. (Filing fee $ 402, receipt number ACAEDC-10985824)(Attachments: #1 Notice of Interested Parties, #2 Civil Cover Sheet, #3 Declaration, #4 Exhibit A - Complaint, #5 Exhibit B - Answer to Complaint, #6 Exhibit C - Joint Stipulation regarding First Amended Complaint, #7 Exhibit D - First Amended Complaint, #8 Exhibit E - Answer to First Amended Complaint, #9 Exhibit F - Plaintiff's Responses to Defendant's Requests for Admission, Set One)(O'Brien, Kelsey) |
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