Rosario v. Mountain Top Market et al
| DANIEL ROSARIO |
| Mountain Top Market, MOUNTAIN TOP MARKET & GAS, PROGRESSIVE GARDEN STATE INSURANCE COMPANY, John Doe 1-10, JANE ROE 1-10, ABC CORPORATION 1-10, ABC Corporations 1-10 and MOUNTAIN TOP ENTERPRISES, INC. doing business as Mountain Top Market & Gas |
| 3:2022cv00519 |
| April 14, 2022 |
| US District Court for the Southern District of California |
| San Diego Office |
| Roger T Benitez |
| Marilyn L Huff |
| Andrew G Schopler |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 Joint Motion to Dismiss. Signed by Judge Marilyn L. Huff on 11/7/2022. (jms)
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Filing 25
Joint MOTION to Dismiss with prejudice following settlement by Mountain Top Enterprises, Inc.. (Attachments: #1 Proof of Service)(Veljovich, David) (jms).
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Filing 24
REPORT AND RECOMMENDATION that the Case Be Dismissed for Failure to Prosecute and as a Contempt Sanction. Objections to R&R due by 10/26/2022 Replies due by 11/2/2022.. Signed by Magistrate Judge Andrew G. Schopler on 10/12/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 23
ORDER Vacating ENE and CMC and Setting Order to Show Cause. Signed by Magistrate Judge Andrew G. Schopler on 9/27/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 22
JOINT DISCOVERY PLAN by MOUNTAIN TOP ENTERPRISES, INC. re #21 Notice and Order for Early Neutral Evaluation conference (Attachments: #1 Proof of Service)(Veljovich, David)(jms).
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Filing 21
NOTICE AND ORDER (1) Early Neutral Evaluation Conference (2) and Setting Rule 26 Compliance and Case Management Conference. Signed by Magistrate Judge Andrew G. Schopler on 8/30/2022.(jms)
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Filing 20
ANSWER to #1 Complaint with Jury Demand by MOUNTAIN TOP ENTERPRISES, INC.. (Attachments: #1 Proof of Service Proof of Service)(Veljovich, David)Attorney David A Veljovich added to party MOUNTAIN TOP ENTERPRISES, INC.(pty:dft) (jms).
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Filing 19
ORDER Setting Deadline for Defendants to File an Answer. Signed by Judge Marilyn L. Huff on 7/29/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 18
MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 22cv519-H-AGS.(no document attached) (ddf)
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Filing 17
Judge Roger T. Benitez and Magistrate Judge Andrew G. Schopler assigned to transfer case from New Jersey. (All non-registered users served via U.S. Mail Service)(no document attached) (smy1)
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Filing 16
Case transferred in from District of New Jersey; Case Number 2:21-cv-13749. Original file received electronically
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Filing 15
ORDER denying #10 Defendant's Motion to Dismiss. ORDERED that, because this Court lacks personal jurisdiction over the Defendant, venue of this case is hereby TRANSFERRED to the United States District Court for the Southern District of California. Signed by Judge Kevin McNulty on 4/12/2022. (wh) [Transferred from New Jersey on 4/14/2022.]
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Filing 14
OPINION. etc. Signed by Judge Kevin McNulty on 4/13/2022. (wh) [Transferred from New Jersey on 4/14/2022.]
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***Civil Case Terminated. (wh) [Transferred from New Jersey on 4/14/2022.]
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Case Reassigned to Magistrate Judge Jose R. Almonte. Magistrate Judge James B. Clark no longer assigned to the case. (sbg, ) [Transferred from New Jersey on 4/14/2022.]
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Filing 13
STIPULATION AND ORDER of Dismissal without Prejudice as to Defendant PROGRESSIVE GARDEN STATE INSURANCE COMPANY (party terminated). Signed by Judge Kevin McNulty on 10/29/21. (jc, ) [Transferred from New Jersey on 4/14/2022.]
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Filing 12
STIPULATION of Dismissal by PROGRESSIVE GARDEN STATE INSURANCE COMPANY. (NELSON, JAMES) [Transferred from New Jersey on 4/14/2022.]
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Filing 11
RESPONSE in Opposition filed by DANIEL ROSARIO re #5 MOTION to Dismiss , #10 MOTION to Dismiss plaintiff's complaint Plaintiffs Opposition to Defendants Motion to Dismiss (FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Set Deadlines as to #10 MOTION to Dismiss plaintiff's complaint. Motion set for 11/1/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) [Transferred from New Jersey on 4/14/2022.]
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Filing 10
MOTION to Dismiss plaintiff's complaint by MOUNTAIN TOP MARKET, MOUNTAIN TOP MARKET & GAS. Responses due by 11/1/2021 (Attachments: #1 Text of Proposed Order)(DEMARZO, DANIELLE) [Transferred from New Jersey on 4/14/2022.]
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Filing 9
TEXT ORDER: The pending motion to dismiss (DE #5 ) was apparently filed without a notice of motion and without specifying a return date. Counsel for defendant is directed to correct the motion to dismiss by filing the required Notice of Motion. See Local Civ. R. 7.1(b). The Notice shall set the motion for a regular motion day of the court at least 24 days from today. Dates for responses and replies shall be on the usual 24-14-7 schedule. See Local Civ. R. 7.1(d). So Ordered by Judge Kevin McNulty on 10/7/2021. (nic, ) Modified on 10/7/2021 (nic). [Transferred from New Jersey on 4/14/2022.]
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Resetting Deadlines as to #5 MOTION to Dismiss . Responses due by 10/18/2021 Replies due by 10/25/2021. Motion reset for 11/1/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nic, ) [Transferred from New Jersey on 4/14/2022.]
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Set Deadlines as to #5 MOTION to Dismiss. Motion set for 10/4/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) [Transferred from New Jersey on 4/14/2022.]
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Filing 8
Exhibit to QC - Motion - Missing Supporting Document, Proposed Order by MOUNTAIN TOP MARKET, MOUNTAIN TOP MARKET & GAS. (Attachments: #1 motion to dismiss)(DEMARZO, DANIELLE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 4/14/2022.]
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Filing 7
AFFIDAVIT of Service for Summons & Complaint served on Mountain Top Market on 7/23/2021, filed by DANIEL ROSARIO. (FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Filing 6
AFFIDAVIT of Service for Summons & Complaint served on Mountain Top Market & Gas on 7/23/2021, filed by DANIEL ROSARIO. (FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Filing 5
MOTION to Dismiss by MOUNTAIN TOP MARKET, MOUNTAIN TOP MARKET & GAS. (DEMARZO, DANIELLE) [Transferred from New Jersey on 4/14/2022.]
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Filing 4
AFFIDAVIT of Service for SUMMONS & COMPLAINT served on PROGRESSIVE INSURANCE COMPANY on 7/26/2021, filed by DANIEL ROSARIO. (FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Filing 3
Exhibit to #1 Complaint by DANIEL ROSARIO. (FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Filing 2
SUMMONS ISSUED as to MOUNTAIN TOP MARKET, MOUNTAIN TOP MARKET & GAS, PROGRESSIVE GARDEN STATE INSURANCE COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) [Transferred from New Jersey on 4/14/2022.]
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-12638059) with JURY DEMAND, filed by DANIEL ROSARIO.(FELIZ-SANTOS, YAFRESIE) [Transferred from New Jersey on 4/14/2022.]
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Case assigned to Judge Kevin McNulty and Magistrate Judge James B. Clark. (jr) [Transferred from New Jersey on 4/14/2022.]
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CASE REFERRED to Arbitration. (jr) [Transferred from New Jersey on 4/14/2022.]
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