Karlbom et al v. EDS, an HP Company et al
| Michael Karlbom and Donald Pratko |
| EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC, Electronic Data Systems Corporation and Does 1 through 100, inclusive |
| 3:2009cv00849 |
| April 23, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B Brooks |
| Larry Alan Burns |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 pr Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on March 12, 2010. A more recent docket listing may be available from PACER.
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Filing 37
ORDER of Remand: The Court finds it must remand this case to the court from which it was removed. The pending motion to transfer, stay, or dismiss is therefore denied as moot, all other requests are denied as moot, and all pending dates in this action are vacated. This action is hereby remanded to the Superior Court of California, County of San Diego. Signed by Judge Larry Alan Burns on 3/12/10. (certified copy sent to San Diego Superior Court) (pdc)(mam).
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| Filing 36 Minute Entry: Currently on calendar for Monday, March 15, 2010 is a hearing on Defendants' motion to dismiss, stay, or transfer. The Court has not yet issued an order of remand but anticipates doing so shortly. The hearing on Defendants' motion is therefore vacated and will be reset if needed. No appearances will be required in this matter on Monday, March 15, 2010.(pdc) (jrl). |
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Filing 35
Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: A case management conference was held on January 14, 2010. A further settlement conference shall be held on August 9, 2010, at 1:30 p.m. before Magistrate Judge Ruben B. Brooks. The final pretrial conference shall be held before the Honorable Larry A. Burns on March 14, 2011, at 11:45 a.m. The proposed final pretrial conference order shall be prepared, served and lodged with the trial judge on or before March 7, 2011. Signed by Magistrate Judge Ruben B. Brooks on 2/22/10.(pdc) (jrl).
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Filing 34
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance: On January 14, 2010, the Court held an early neutral evaluation conference. Counsel, all parties, and any other person(s) whose authority is required to negotiate and enter into a settlement shall appear in person on August 9, 2010, at 1:30 p.m. for a further settlement conference before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 2/22/10.(pdc)(jrl).
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Filing 33
Minute Order: A telephonic, attorneys-only case management conference was held. A settlement conference is set for August 9, 2010, at 1:30 p.m. Signed by Magistrate Judge Ruben B. Brooks (pdc) (jrl).
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| Filing 32 PRO HAC VICE APPOINTED: Martin T. Wymer appearing for Defendant EDS, an HP Company. (leh) |
| Filing 31 Minute Entry: Currently on calendar for Monday, February 22, 2010 at 11:15 a.m. is a hearing, following supplemental briefing, on the issue of remand. The Court has found this issue can be resolved on the papers, without a hearing. Therefore, the hearing is taken off calendar, and no appearances will be required in this matter on Monday, February 22, 2010.(pdc) Modified to reattach minutes (pdc). |
| Filing 30 SUPPLEMENTAL BRIEFING by Defendants EDS, an HP Company, Electronic Data Systems, LLC, Hewlett-Packard Company, in Opposition to Plaintiffs' Request for Remand to State Court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shadi, Sabrina) (ag). |
| Filing 29 SUPPLEMENTAL BRIEFING by Plaintiffs Michael Karlbom, Donald Pratko in Support of Remand for Lack of Subject Matter Jurisdiction. (Attachments: #1 Declaration of J. Jason Hill, #2 Exhibit A to Hill Dec, #3 Exhibit B to Hill Dec, #4 Request for Judicial Notice, #5 Exhibit 1 to RJN, #6 Exhibit 2 to RJN, #7 Exhibit 3 to RJN, #8 Exhibit 4 to RJN, #9 Exhibit 5 to RJN, #10 Proof of Service)(Hill, James)(asw). |
| Filing 28 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic, attorneys-only case management conference and settlement conference were held. An attorneys-only settlement conference is set for February 22, 2010, at 11:45 a.m. and continued to 1:30 p.m. If the motion hearing before United States District Judge Burns goes off calendar, the February 22, 2010, in-person meeting will be converted to a telephonic meeting. Counsel for Plaintiff is to initiate that call. Signed by Magistrate Judge Ruben B. Brooks(pdc) (jrl). |
| Filing 27 ANSWER to #25 First Amended Complaint by Electronic Data Systems Corporation, Hewlett-Packard Company, Electronic Data Systems, LLC, EDS, an HP Company.(Shadi, Sabrina) (pdc). |
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Filing 26
ORDER Continuing Hearing and Briefing Dates: Plaintiffs shall file an amended complaint by January 22, 2010, the issue of remand shall be considered at a hearing at 11:15 a.m. on Monday, February 22, 2010, and that if this action is not remanded, a hearing to consider dismissal or stay shall be held on Monday, March 15, 2010 at 11:15 a.m. The deadlines for filing briefs are continued accordingly. Signed by Judge Larry Alan Burns on 12/2/09. (pdc) (jrl).
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| Filing 25 FIRST AMENDED COMPLAINT with Jury Demand against DOES, EDS, an HP Company, Electronic Data Systems Corporation, Electronic Data Systems, LLC, Hewlett-Packard Company, filed by Michael Karlbom, Donald Pratko. (Attachments: #1 Proof of Service)(Hill, James) Modified to indicate 'First' (pdc). |
| Filing 24 Joint MOTION to Continue Dates of Hearings and Briefing Re Issues of Remand and Defendants' Motion to Dismiss, Stay, or Transfer by Michael Karlbom, Donald Pratko. (Attachments: #1 Proof of Service)(Hill, James) (pdc). |
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Filing 23
MINUTE ORDER: The telephonic, attorneys-only case management conference and settlement conference on October 20, 2009, at 8:00 a.m. are vacated and reset for January 14, 2010, at 8:00 a.m. The settlement conference on November 4, 2009, at 8:30 a.m. is vacated. Signed by Magistrate Judge Ruben B. Brooks on 10/19/09. (pdc) (jrl).
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Filing 22
ORDER Re Motion to Transfer or Stay: The Court grants limited discovery to last no more than 75 days. Plaintiffs may amend their complaint to show the total amount they seek to recover, including the value of non-monetary relief. They may do so no later than Monday, November 30, 2009. No later than 5:00 p.m. on Monday, December 7, 2009, the parties shall both file supplemental memoranda of points and authorities, not longer than ten pages, addressing the amount in controversy. A second hearing on the Motion to Dismiss, Stay or Transfer, informed by the supplemental briefing, will be held on Monday, December 14, 2009 at 11:15 a.m. Until that time, the Court reserves judgment on the Motion. Signed by Judge Larry Alan Burns on 9/16/09. (pdc) (av1).
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Filing 21
ORDER Granting #18 Joint Motion for Protective Order as Modified by the Court. Signed by Magistrate Judge Ruben B. Brooks on 9/16/09. (pdc) (jrl).
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| Filing 20 Minute Entry for proceedings held before Judge Larry Alan Burns: Motion Hearing held on 9/14/2009. Chambers to prepare order. Further motion hearing set for 1/19/2010 at 11:30 a.m. before Judge Larry Alan Burns.(Court Reporter EVA OEMICK). (Plaintiff Attorney James Hill; Michael Singer). (Defendant Attorney Todd Dawson). (tlw) |
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Filing 19
MINUTE ORDER: A settlement conference is set for November 4, 2009, at 8:30 a.m. Each party is to submit a settlement brief to chambers no later than October 28, 2009. Signed by Magistrate Judge Ruben B. Brooks on 9/14/09. (pdc) (jrl).
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| Filing 18 Joint MOTION for Protective Order by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC. (Shadi, Sabrina) (pdc). |
| Filing 17 REPLY to Response to #3 MOTION to Dismiss , MOTION to Stay filed by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC. (Attachments: #1 Exhibit 1-8 to Reply Brief, #2 Exhibit 9-16 to Reply Brief)(Shadi, Sabrina) (pdc). |
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Filing 16
MINUTE ORDER: The telephonic, attorneys-only status and settlement conference set for September 3, 2009, at 8:30 a.m. is vacated and reset for October 20, 2009, at 8:00 a.m. Signed by Magistrate Judge Ruben B. Brooks on 7/28/09. (pdc) (jrl).
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Filing 15
ORDER Granting #14 Joint Motion to Continue Hearing on Defendants' Motion to Dismiss, Stay or Provide Other Relief and Permitting Defendants to Exceed Page Limit for Reply Brief: The Motion hearing is continued to September 14, 2009 at 11:15am. Defendants may file a reply brief no more then 17 pages in length. Signed by Judge Larry Alan Burns on 7/6/09. (pdc) (av1).
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| Filing 14 Joint MOTION to Continue Hearing on Defendants' Motion to Dismiss, Stay or Provide Other Relief and Permitting Defendants to Exceed Page Limit for Reply Brief by Electronic Data Systems, LLC. (Shadi, Sabrina) (pdc). |
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Filing 13
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance: On June 29, 2009, the Court held an early neutral evaluation conference. A telephonic, attorneys-only case management conference is set for September 3, 2009, at 8:30 a.m. Signed by Magistrate Judge Ruben B. Brooks on 6/29/09. (All non-registered users served via U.S. Mail Service).(pdc) (jrl).
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Filing 12
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Early Neutral Evaluation Conference held on 6/29/2009. A telephonic, attorneys-only case management conference is set for September 3, 2009, at 8:30 a.m. Signed by Magistrate Judge Ruben B. Brooks. (All non-registered users served via U.S. Mail Service).(pdc) (jrl).
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| Filing 11 RESPONSE in Opposition to #3 MOTION to Dismiss, Stay, Transfer or other Relief filed by Michael Karlbom, Donald Pratko. (Attachments: #1 Proof of Service)(Hill, James) Modified document title (pdc). |
| Filing 10 NOTICE of Party With Financial Interest by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC re #1 Notice of Removal, (Shadi, Sabrina) (pdc). |
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Filing 9
ORDER Granting #8 Joint Ex Parte Application to Continue Early Neutral Evaluation Conference: The Early Neutral Evaluation Conference is continued from May 18, 2009, at 8:30 a.m., to June 29, 2009, at 8:30 a.m. Signed by Magistrate Judge Ruben B. Brooks on 5/12/09. (All non-registered users served via U.S. Mail Service).(pdc) (jrl).
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| Filing 8 Ex Parte Application to Continue Date of Early Neutral Evaluation Conference by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC. (Shadi, Sabrina) (pdc). |
| Filing 7 PRO HAC VICE APPOINTED: Todd A. Dawson appearing for Defendant Electronic Data Systems Corporation. (All non-registered users served via U.S. Mail Service).(mkz) |
| Filing 6 PRO HAC VICE APPOINTED: David A. Posner appearing for Defendant EDS, an HP Company. (All non-registered users served via U.S. Mail Service).(mkz) |
| Filing 5 PRO HAC VICE APPOINTED: Gilbert P. Brosky appearing for Defendant Electronic Data Systems Corporation. (All non-registered users served via U.S. Mail Service).(mkz) |
| Filing 4 NOTICE of Appearance by James Jason Hill on behalf of Michael Karlbom, Donald Pratko (Attachments: #1 Proof of Service)(Hill, James) (pdc). |
| #3 Motion to Stay or Provide Other Relief in Favor of Prior Actions, by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC. (pdc) |
| Filing 3 MOTION to Dismiss, by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC. (Attachments: #1Memorandum of Points and Authorities in Support of Motion to Dismiss, Stay or Provide Other Relief in Favor of Prior Actions, #2 Exhibits 1-13 to Defendants' Motion to Dismiss, Stay or Provide Other Relief in Favor of Prior Actions)(Shadi, Sabrina) Modified to correct text. Atty contacted re missing motion event and s/ (pdc). |
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Filing 2
NOTICE and ORDER for Early Neutral Evaluation Conference: An early neutral evaluation will be held on May 18, 2009, at 8:30 a.m. in the chambers of United States Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 4/27/09. (pdc)
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| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2009-00085300-CU-OE-CTL (Filing fee $350, Receipt number 000056), filed by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC t/w complaint and answer to complaint. [Atty Maint](smy)(kaj). |
| ANSWER to Complaint by Electronic Data Systems Corporation, EDS, an HP Company, Hewlett-Packard Company, Electronic Data Systems, LLC found in #1 Notice of Removal.(smy) |
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