Westfield v. Remington Lodging & Hospitality, LLC et al
| Keith westfield |
| Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC, Embassy Suites by Hilton and Embassy Suites by Hilton Walnut Creek |
| 4:2020cv08956 |
| December 15, 2020 |
| US District Court for the Northern District of California |
| Jeffrey S White |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 25 CLERK'S NOTICE Remanding Case to Contra Costa County Superior Court. (jmlS, COURT STAFF) (Filed on 2/12/2021) |
Filing 24
ORDER REMANDING CASE. Signed by Judge Jeffrey S. White on 2/12/21. (jjoS, COURT STAFF) (Filed on 2/12/2021)
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| Filing 23 RESPONSE TO #22 ORDER TO SHOW CAUSE re Diversity of Citizenship by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC. (Attachments: #1 of Jim Cowen in Support of Defendants' Response)(Carruth, Michael) (Filed on 2/9/2021) Modified on 2/9/2021 (cjlS, COURT STAFF). |
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Filing 22
ORDER TO SHOW CAUSE REGARDING DIVERSITY OF CITIZENSHIP AND VACATING HEARING ON MOTION TO REMAND. Signed by Judge JEFFREY S. WHITE on 2/2/21. Show Cause Response due by 2/9/2021. (jjoS, COURT STAFF) (Filed on 2/2/2021) Modified on 2/2/2021 (cjlS, COURT STAFF).
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| Filing 21 REPLY (re #7 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees ) filed byKeith Westfield. (Attachments: #1 Declaration of Anthony Werbin, Esq., #2 Evidentiary Objections)(Werbin, Anthony) (Filed on 1/21/2021) |
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Filing 20
ORDER DISCHARGING ORDER TO SHOW CAUSE; SETTING DEADLINE FOR REPLY; AND SETTING HEARING DATE as to #7 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees. Signed by Judge Jeffrey S. White on 1/14/21. Replies due by 1/21/2021. Motion Hearing set for 3/26/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 1/14/2021)
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| Filing 19 RESPONSE TO #18 ORDER TO SHOW CAUSE by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC. (Attachments: #1 Declaration)(Carruth, Michael) (Filed on 1/13/2021) Modified on 1/13/2021 (cjlS, COURT STAFF). |
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Filing 18
ORDER TO SHOW CAUSE AND VACATING HEARING ON #7 MOTION TO REMAND. Signed by Judge JEFFREY S. WHITE on 1/12/21. Show Cause Response due by 1/19/2021.(jjoS, COURT STAFF) (Filed on 1/12/2021)
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| Set/Reset Deadlines as to #7 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees. Motion Hearing set for 3/12/2021 09:00 AM in Oakland, - To be determined before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 1/12/2021) |
| Filing 17 Renotice motion hearing Motion to Remand filed byKeith Westfield. (Attachments: #1 Declaration of Anthony Werbin, Esq., #2 Exhibit to Declaration of Anthony Werbin, Esq., #3 Proposed Order)(Werbin, Anthony) (Filed on 1/11/2021) |
| Filing 16 OPPOSITION/RESPONSE (re #14 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees ) filed byAshford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC. (Attachments: #1 Declaration)(Carruth, Michael) (Filed on 1/11/2021) |
| Filing 15 CLERK'S NOTICE VACATING HEARING ON #14 MOTION FOR REMAND AND DIRECTING COUNSEL TO RENOTICE MOTION TO AN OPEN AND AVAILABLE DATE (jjoS, COURT STAFF) (Filed on 1/11/2021) |
| Filing 14 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees filed by Keith Westfield. Motion Hearing set for 3/5/2021 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 1/25/2021. Replies due by 2/1/2021. (Attachments: #1 Declaration of Anthony Werbin, #2 Proposed Order)(Werbin, Anthony) (Filed on 1/11/2021) |
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Filing 13
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 1/6/21. Joint Case Management Statement due by 3/26/2021. Initial Case Management Conference set for 4/2/2021 11:00 AM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 1/6/2021) Modified on 1/6/2021 (jjoS, COURT STAFF).
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 1/6/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 1/6/2021)
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 1/5/2021) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Keith Westfield.. (Werbin, Anthony) (Filed on 1/5/2021) |
| Filing 9 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/5/2021. (ig, COURT STAFF) (Filed on 12/29/2020) |
| Filing 8 PLEASE DISREGARD DOCKET ENTRY #8 , PLAINTIFF'S COUNSEL INADVERTENTLY OMITTED ON THE NOTICE. SEE DOCKET ENTRY #9 INSTEAD. CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/5/2021. (ig, COURT STAFF) (Filed on 12/29/2020) Modified on 12/29/2020 (ig, COURT STAFF). |
| Filing 7 MOTION to Remand Case to State Court and Awarding Costs and Attorney's Fees filed by Keith Westfield. Motion Hearing set for 1/28/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 1/7/2021. Replies due by 1/14/2021. (Attachments: #1 Declaration of Anthony Werbin, Esq., #2 Proposed Order)(Werbin, Anthony) (Filed on 12/24/2020) |
| Filing 6 CERTIFICATE OF SERVICE by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC re #5 Initial Case Management Scheduling Order with ADR Deadlines, and Consenting to the Jurisdiction of a Magistrate Judge (Carruth, Michael) (Filed on 12/16/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/10/2021. Initial Case Management Conference set for 3/17/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 12/16/2020) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC.. (Attachments: #1 Certificate/Proof of Service)(Carruth, Michael) (Filed on 12/16/2020) |
| Filing 3 CERTIFICATE OF SERVICE by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC re 2 Case Assigned by Intake,,, (Carruth, Michael) (Filed on 12/16/2020) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/30/2020. (asS, COURT STAFF) (Filed on 12/16/2020) |
| #1 Answer to Removal Complaint by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC. (cjlS, COURT STAFF) (Filed on 12/15/2020) |
| Filing 1 NOTICE OF REMOVAL (with jury demand by plaintiff) from Contra Costa County Superior. Their case number is MSC20-00781. (Filing fee $402 receipt number 0971-15320424). Filed by Ashford TRS Walnut Creek LLC, Ashford Walnut Creek LP, Remington Lodging & Hospitality, LLC. (Attachments: #1 Civil Cover Sheet)(Carruth, Michael) (Filed on 12/15/2020) Modified on 12/16/2020 (cjlS, COURT STAFF). |
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