Peters et al v. Exciting Partners et al
| David M. Peters and Peters & Freedman, LLP |
| DOES 1-10, Zachary Smith, April Mayers, David Christy, The Delphi Law Group, LLP, Jessica Gomes, Renee Evans, Exciting Partners, Christina Baine Dejardin, Douglas De Jardin, Gabrielle Flores, Angel Hunt, James McCormick, Kyle Lakin and Associationready, LLC |
| 3:2019cv01970 |
| October 10, 2019 |
| US District Court for the Southern District of California |
| Karen S Crawford |
| M James Lorenz |
| Thomas J Whelan |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 RESPONSE re #7 Order to Show Cause,,, filed by David M. Peters. (Peters, David) (sjt). |
Filing 9
ORDER Granting Plaintiff's Amended Motion to Dismiss Parties [Doc. #8 ]. the Court hereby grants Plaintiff David M. Peters' amended motion to dismiss and dismisses the following defendants without prejudice: Douglas De Jardin; Renee Evans; Angel Hunt; April Mayers; The Delphi Law Group, LLP; Christina Baine Dejardin; Kyle Lakin; Zachary Smith; James McCormick; Exciting Partners; and Jessica Gomes. Upon dismissal of the above defendants, defendants David Christy, Gabrielle Flores, Associationready, LLC, and DOES 1-10 remain. Notwithstanding the dismissals, Plaintiffs' obligation to show cause why this action should not be dismissed for lack of subject matter jurisdiction no later than 10/28/2019 remains. Signed by Judge M. James Lorenz on 10/22/2019. (lrf)
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| Filing 8 Amended MOTION to Dismiss Party Douglas De Jardin, Renee Evans, Angel Hunt, April Mayers, The Delphi Law Group, Christina Baine De Jardin, Kyle Lakin, Zachary Smith, James McCormick, Exiting Partners, and Jessica Gomes by David M. Peters. (Peters, David) (sjt). |
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Filing 7
ORDER TO SHOW CAUSE Why The Complaint Should Not Be Dismissed For Lack of Subject Matter Jurisdiction. After reviewing the Complaint, the Court finds that Plaintiffs fail to establish complete diversity for purposes of diversity jurisdiction. As currently alleged, complete diversity does not exist here as Plaintiff David Peters, certain individual defendants, and defendant The Delphi Law Group are all domiciled in California. (See ECF No. #1 ). Moreover, Plaintiff Peters & Freedman, LLP's citizenship is not alleged. The Court hereby order Plaintiffs to show cause, in writing, no later than 10/28/2019, why this action should not be dismissed for lack of subject matter jurisdiction. Failure to respond by the above date will result in the Court's dismissal of this action. Signed by Judge M. James Lorenz on 10/21/2019.(lrf)
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Filing 6
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #5 MOTION to Dismiss Party , from Plaintiff David M. Peters. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature, Civ.L. Rule 5.1 Improper format; Wrong Court listed on header. 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 (lrf) (Additional attachment(s) added on 10/21/2019: #1 Rejected Document 5) (lrf).
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| Filing 5 ***DOCUMENT STRICKEN PER ORDER #6 *** MOTION to Dismiss Party by David M. Peters. (Peters, David) (sjt). (Main Document 5 replaced on 10/21/2019) (lrf). Modified to strike on 10/21/2019 (lrf). |
| Filing 4 MINUTE ORDER OF RECUSAL. Judge John A. Houston is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 19cv1970-L-KSC.(no document attached) (jmo) |
| Filing 3 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge John A. Houston for all further proceedings. The new case number is 19cv1970JAH-KSC.(no document attached) (smd) |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sxa) |
| Filing 1 COMPLAINT with Jury Demand against Associationready, LLC, Christina Baine Dejardin, David Christy, Douglas De Jardin, Renee Evans, Exciting Partners, Gabrielle Flores, Jessica Gomes, Angel Hunt, Kyle Lakin, April Mayers, James McCormick, Zachary Smith, The Delphi Law Group, LLP, DOES 1-10 ( Filing fee $ 400 receipt number 0974-13047638.), filed by David M. Peters, Peters & Freedman, LLP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1)The new case number is 3:19-cv-01970-W-KSC. Judge Thomas J. Whelan and Magistrate Judge Karen S. Crawford are assigned to the case. (Peters, David)(sxa) (sjt). |
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