Briseno v. Mitsubishi Caterpillar Forklift America Inc et al

Plaintiff: Jose Briseno
Defendant: Does 1-200, Mitsubishi Caterpillar Forklift America Inc and Paul Chao
Intervenor: Liberty Mutual Insurance
Case Number: 3:2018cv02087
Filed: September 7, 2018
Court: California Southern District Court
0 Judge: Michael M Anello
1 Judge: Jill L Burkhardt
Nature of Suit: P.I.: Other
Cause of Action: 28:1441pi
Jury Demanded By: Both

Docket Report

This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
October 29, 2018 27 Featured Case ORDER Granting #26 Joint Motion to Dismiss Complaint-in-Intervention Without Prejudice. Upon due consideration, good cause appearing, the Court grants the joint motion and dismisses Liberty Mutual's Complaint-in-Intervention without prejudice. Signed by Judge Michael M. Anello on 10/29/2018. (All non-registered users served via U.S. Mail Service)(rmc)
October 26, 2018 26 Joint Motion to Dismiss by Mitsubishi Caterpillar Forklift America Inc (Attachments: #1 Proposed Order, #2 Proof of Service)(Young, Probal) QC mail sent re event, e-filing of proposed order, modified to correct docket text and event on 10/29/2018 (rmc).
October 17, 2018 25 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing, re #24 Notice of Lien filed by Liberty Mutual Insurance (Non-compliant filer served personally at Clerk's Office)(rmc)
October 17, 2018 24 NOTICE of Lien by Liberty Mutual Insurance (rmc)
October 17, 2018 23 Featured Case SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference will be conducted on 5/29/2019 at 9:00 a.m. in the chambers of Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 10/17/2018.(rmc) Modified on 10/17/2018 to clarify that hard copy mailed to counsel not registered to e-file (rmc).
October 16, 2018 22 Featured Case Minute Order by Magistrate Judge Jill L. Burkhardt: Due to the proceedings before the Court on 10/16/2018 (ECF No. 21 ), the Early Neutral Evaluation Conference and Case Management Conference currently scheduled for 10/18/2018 are hereby VACATED. (All non-registered users served via U.S. Mail Service)(cxe)
October 16, 2018 21 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A telephonic, counsel-only Early Neutral Evaluation Conference and Case Management Conference were held on 10/16/2018. Case did not settle. Order to follow. (Plaintiff Attorney Thomas Ryan Burns). (Defendant Attorney Jeffrey A Swedo). (All non-registered users served via U.S. Mail Service)(no document attached) (cxe)
October 16, 2018 20 NOTICE of Appearance by Thomas Ryan Burns on behalf of Jose Briseno (Attachments: #1 Proof of Service)(Burns, Thomas) (rmc).
October 16, 2018 19 NOTICE of Appearance by Thomas Ryan Burns on behalf of Jose Briseno (Burns, Thomas)Attorney Thomas Ryan Burns added to party Jose Briseno(pty:pla) (rmc).
October 15, 2018 18 NOTICE of Appearance by Michael Roofian on behalf of Jose Briseno (Roofian, Michael) QC mail sent on 10/16/2018 advising filer to withdraw and refile under account of appearing attorney and to include Proof of Service (rmc).
October 15, 2018 17 Featured Case Minute Order by Magistrate Judge Jill L. Burkhardt: No later than 10/15/2018, Plaintiff SHALL (1) serve a settlement demand on Defendant, and (2) lodge via email at efile_burkhardt@casd.uscourts.gov his ENE statement. Plaintiff should consult and ensure that his ENE Statement complies with Judge Burkhardt's Chambers Rules and the Court's 9/10/2018 Order (ECF No. #5 ). In addition, the Court hereby SETS a telephonic, counsel-only Status Conference for 10/16/2018 at 4:30 PM before Magistrate Judge Burkhardt. For purposes of the Status Conference, counsel shall place a joint call to Judge Burkhardt's chambers at 619-557-6624. Defendant SHALL respond to Plaintiff's settlement demand prior to the Status Conference.(All non-registered users served via U.S. Mail Service) (cxe)
October 15, 2018 16 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Status Conference held on 10/15/2018. Order to follow. (Plaintiff Attorney Thomas Burns). (Defendant Attorney Jeffrey A. Swedo). (All non-registered users served via U.S. Mail Service)(no document attached) (cxe)
October 15, 2018 15 MOTION to Remand by Jose Briseno. (Attachments: #1 Memo of Points and Authorities P&A, Declarations, Exhibits)(Roofian, Michael) Courtesy QC mail sent re unsigned motion; brief, decs and exhibits contained in main document and not filed as separate attachments (rmc).
October 11, 2018 14 CERTIFICATE OF SERVICE by Mitsubishi Caterpillar Forklift America Inc re #13 Joint Discovery Plan (Young, Probal) (rmc).
October 11, 2018 13 JOINT DISCOVERY PLAN by Mitsubishi Caterpillar Forklift America Inc re 11 Minute Order (No Time) (Young, Probal) (rmc).
October 10, 2018 12 Featured Case Minute Order by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, counsel-only Status Conference re ECF Nos. #5 and 11 for 10/15/2018 at 1:45 PM before Magistrate Judge Burkhardt. For purposes of the Status Conference, counsel shall place a joint call to Judge Burkhardt's chambers at 619-557-6624. (All non-registered users served via U.S. Mail Service) (cxe)
October 9, 2018 11 Featured Case Minute Order by Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Statements were due to the Court by 10/8/2018. (ECF No. #5 ). The Court is not in receipt of Plaintiff's ENE Statement. Plaintiff is directed that his Statement SHALL be LODGED via email at efile_burkhardt@casd.uscourts.gov no later than tomorrow, 10/10/2018, at 10:00 AM, and SHALL ADDRESS why it is being lodged after the court-ordered deadline. If exhibits are attached and the total submission amounts to more than 20 pages, a hard copy must also be delivered directly to chambers. Plaintiff should consult and ensure that his ENE Statement complies with Judge Burkhardt's Chambers Rules and the Court's 9/10/2018 Order (ECF No. #5 ). In addition, the parties SHALL FILE and LODGE at efile_burkhardt@casd.uscourts.gov a supplemental Joint Discovery Plan that addresses all of the categories listed in Judge Burkhardt's Chambers Rules and the Court's 9/10/2018 Order (ECF No. #5 ), no later than Thursday, 10/11/2018 at 9:00 AM. (cxe)
October 9, 2018 10 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Michael M. Anello Rejecting re #8 MOTION to Remand , from Plaintiff Jose Briseno. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civil Chambers Rule III: "All dates for motion hearings must be obtained by contacting Chambers and speaking with the law clerk assigned to the case. After obtaining a hearing date from the law clerk, the moving party must file the motion within three (3) court days." It is hereby ordered: The document is rejected. It is ordered that the Clerk strike the document from the record, and serve a copy of this order on all parties. (rmc) Modified on 10/9/2018 to reflect that unregistered counsel copied by mail (rmc). (Additional attachment(s) added on 10/9/2018: #1 Stricken Document) (rmc).
October 8, 2018 9 JOINT DISCOVERY PLAN by Mitsubishi Caterpillar Forklift America Inc (Young, Probal) (rmc).
October 5, 2018 8 Stricken per #10 Order on 10/9/2018 (rmc).
October 1, 2018 7 NOTICE of Appearance by Probal Gerard Young on behalf of Mitsubishi Caterpillar Forklift America Inc (Young, Probal)Attorney Probal Gerard Young added to party Mitsubishi Caterpillar Forklift America Inc(pty:dft) (rmc).
September 24, 2018 6 NOTICE of Appearance by Kevin Ellis Whelan on behalf of Mitsubishi Caterpillar Forklift America Inc (Whelan, Kevin)Attorney Kevin Ellis Whelan added to party Mitsubishi Caterpillar Forklift America Inc(pty:dft) (rmc).
September 10, 2018 5 Featured Case NOTICE AND ORDER (1) for Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation will be held on 10/18/2018, at 1:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE Conference, a Case Management Conference pursuant to Fed. R. Civ. P. 16(b) is set for 10/18/2018, and will be held at the conclusion of the ENE Conference. A Joint Discovery Plan shall be filed on the CM/ECF system as well as lodged with Magistrate Judge Burkhardt by emailing the Plan on or before 10/8/2018. Pursuant to Civil Local Rule 73.1, if (and only if) all parties have consented to the reference to a magistrate judge, then Plaintiff shall file the consent form(s) in paper format at the Clerk's Office by 9/26/2018. If the paper format filing reflects consent by all parties, then the form(s) will be forwarded to the assigned district judge for approval. The consent form(s) should not be filed with the court electronically. Signed by Magistrate Judge Jill L. Burkhardt on 9/10/2018.(All non-registered users served via U.S. Mail Service)(rmc)
September 7, 2018 4 NOTICE of Party With Financial Interest by Mitsubishi Caterpillar Forklift America Inc. Identifying Corporate Parent Mitsubishi Logisnext Americas Inc. for Mitsubishi Caterpillar Forklift America Inc. (jrm)
September 7, 2018 3 ANSWER to Intervenor Complaint (Notice of Removal) by Mitsubishi Caterpillar Forklift America Inc. (jrm)
September 7, 2018 2 ANSWER to Complaint (Notice of Removal) by Mitsubishi Caterpillar Forklift America Inc. (jrm)
September 7, 2018 1 NOTICE OF REMOVAL with Jury Demand from Superior Court California, County of San Diego, case number 37-02017-00033501-CU-PL-CTL. ( Filing fee $ 400 receipt number 0974-11647631.), filed by Mitsubishi Caterpillar Forklift America Inc. (Attachments: #1 civil cover sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Statement of Damages, #4 Exhibit C - Declaration of Lenna Geist, #5 Exhibit D - Answer to Complaint, #6 Exhibit E - Complaint in Intervention, #7 Exhibit F - Answer to Complaint in Intervention)The new case number is 3:18-cv-02087-MMA-JLB. Judge Michael M. Anello and Magistrate Judge Jill L. Burkhardt are assigned to the case.(jrm) (sjt).

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Defendant: Does 1-200
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Defendant: Mitsubishi Caterpillar Forklift America Inc
Represented By: Jeffrey A Swedo
Represented By: Kevin Ellis Whelan
Represented By: Probal Gerard Young
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Defendant: Paul Chao
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Plaintiff: Jose Briseno
Represented By: Michael Roofian
Represented By: Thomas Ryan Burns
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Intervenor: Liberty Mutual Insurance
Represented By: Peter V. Fitzpatrick
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