Calm Creek, Inc. v. Juhan et al
| Calm Creek, Inc. |
| Does 1 through 5 and Ernestine Juhan |
| 3:2019cv01986 |
| October 15, 2019 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| William V Gallo |
| Janis L Sammartino |
| Andrew G Schopler |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 cv |
| Defendant |
Docket Report
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This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting Plaintiff's #6 Motion to Remand to State Court; denying as moot Defendant's #4 Motion for Leave to Proceed in forma pauperis' granting Plaintiff's #7 Motion for Sanctions. Court grants the Motion for Attorney's Fees. Court orders Ms. Juhan pay fees to Calm Creek, Inc. in the amount of $1650. Court remands the case to state court. The Clerk is ordered not to accept for filing any Notice of Removal filed by Ernestine Juhan in an unlawful detainer filed by Calm Creek Inc. based on the premises located at 581 Rush Dr., San Marcos, CA 92078 without a pre-filing review by this Court. Signed by Judge Cynthia Bashant on 12/10/2019. (Certified copy sent to State Court via US Mail Service.) (All non-registered users served via U.S. Mail Service) (jah)
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| Filing 14 OBJECTION AND RESPONSE in Opposition re #6 MOTION to Remand to State Court filed by Ernestine Juhan. NUNC PRON TUNC 12/9/2019. (jah) |
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Filing 13
Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Opposition anf Objection to Remand, from Defendant Ernestine Juhan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 12/9/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing 12
ORDER granting Plaintiff's #9 Ex Parte Motion to Shorten Time. Court vacates the 12/6/2019 hearing date. Defendant ordered to file oppositions to #7 Motion to Remand to State Court and #9 Motion for Sanctions by 12/2/2019. No reply brief is necessary for either Motion unless requested by the Court. Signed by Judge Cynthia Bashant on 11/25/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing 11
ORDER (AGS): In light of the pending motion to remand (ECF No. #6 ), the Court declines to issue a scheduling order at this time. If the motion to remand is denied, the parties must contact Judge Schopler's chambers within three days of that ruling to discuss scheduling an Early Neutral Evaluation. Signed by Magistrate Judge Andrew G. Schopler on 11/22/2019. (All non-registered users served via U.S. Mail Service)(no document attached) (nxk)
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Filing 10
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Andrew G. Schopler for all further proceedings. Judge Dana M. Sabraw and Magistrate Judge Linda Lopez are no longer assigned to this case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:19-cv-01724-BAS-AGS. The new case number is 19cv1986-BAS-AGS. Signed by Judge Dana M. Sabraw on 11/18/2019. Signed by Judge Cynthia Bashant on 11/18/2019.(All non-registered users served via U.S. Mail Service)(aef)
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| Filing 9 Ex Parte MOTION to Shorten Time by Calm Creek, Inc.. (Attachments: #1 Memo of Points and Authorities)(Simone, Francesco) (aef). |
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Filing 8
ORDER setting hearing date. The Court has received Plaintiffs motion to remand. Hearing on the matter shall be scheduled for December 6, 2019 at 1:30pm. Signed by Judge Dana M. Sabraw on 10/25/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 7 MOTION for Sanctions by Calm Creek, Inc.. (Attachments: #1 Memo of Points and Authorities Memo of Points and Authorities, #2 Proof of Service Proof of Service)(Simone, Francesco) (jpp). |
| Filing 6 MOTION to Remand to State Court by Calm Creek, Inc.. (Attachments: #1 Memo of Points and Authorities MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE MOTION TO REMAND AND REQUEST FOR ATTORNEYS FEES AND COSTS, #2 Declaration DECLARATION OF FRANCO SIMONE IN SUPPORT OF PLAINTIFFS EX PARTE MOTION TO REMAND AND REQUEST FOR ATTORNEYS FEES AND COSTS, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Proof of Service PROOF OF SERVICE)(Simone, Francesco) (jpp). |
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Filing 5
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Dana M. Sabraw and Magistrate Judge Linda Lopez for all further proceedings. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are no longer assigned to this case. Create association to 3:19-cv-01501-DMS-LL. The new case number is 19cv1986-DMS-LL. Signed by Judge Janis L. Sammartino on 10/21/2019. Signed by Judge Dana M. Sabraw on 10/17/2019.(All non-registered users served via U.S. Mail Service)(aef)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Ernestine Juhan. (jmo) |
| Filing 3 NOTICE of Party With Financial Interest by Ernestine Juhan. No Parties With Financial Interest. (jmo) |
| Filing 2 AMENDED ANSWER to Complaint (Notice of Removal) by Ernestine Juhan. (jmo) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from San Diego Superior Court, Central Division, case number 37-2019-00024997-CL-UD-CTL., IFP Filed, filed by Ernestine Juhan. (Attachments: #1 Civil cover sheet, #2 Exhibit 1 - Unlawful Detainer, #3 Exhibit 2, #4 Exhibit 3 - Assignment of Deed of Trust)The new case number is 3:19-cv-01986-JLS-WVG. Judge Janis L. Sammartino and Magistrate Judge William V. Gallo are assigned to the case.(jmo) |
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