Ashby v. SRMF Town Square Owner, LLC et al
| Lisa Ashby |
| SRMF Town Square Owner, LLC, OSI/Fleming's, LLC and OSI/Fleming's, LLC doing business as Fleming's Prime Steakhouse & Wine Bar |
| 2:2021cv00398 |
| March 9, 2021 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Brenda Weksler |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery by Plaintiff Lisa Ashby. (Ross, Racheal) |
| Filing 15 RESPONSE to 11 Minute Order,,,,,, by Defendant OSI/Fleming's, LLC. (Lowry, Michael) |
| Filing 14 ANSWER to Complaint with Jury Demand filed by OSI/Fleming's, LLC. Discovery Plan/Scheduling Order due by 5/23/2021.(Lowry, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 13 CERTIFICATE of Cash Deposit on behalf of Lisa Ashby: $500.00, receipt number # NVLAS074867 Re #12 Order on Motion for Demand for Security of Costs. (Attachments: #1 Receipt ) (HAM) |
Filing 12
ORDER granting #3 Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that this case is stayed under NRS 18.130(1) until the $500 is deposited. Signed by Magistrate Judge Brenda Weksler on 3/26/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 3/25/2021. IT IS HEREBY ORDERED that Defendants OSI/Fleming's, LLC et al. (collectively, "Defendants") show cause as to why the Court should not dismiss this action for failure to satisfy the diversity jurisdiction requirements set forth in 28 U.S.C. 1332. Though Defendants allege $36,053.67 in medical specials, Defendants do not appear to demonstrate, by a preponderance of evidence, that the amount in controversy exceeds $75,000.00. "Where it is not facially evident from the complaint that more than $75,000 is in controversy, the removing party must prove, by a preponderance of the evidence, that the amount in controversy meets the jurisdictional threshold." Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). Though Defendants cite to prior cases in this district, Defendants do not appear to analogize such cases to the facts in the present case. As the removing party, Defendants carry the burden in demonstrating that the amount in controversy, in this specific case, exceeds $75,000.00. Accordingly, Defendants shall have until April 23, 2021, to file a brief, not to exceed ten pages, demonstrating that the Court has subject matter jurisdiction over this action. Failure to comply with this Order will result in this case being dismissed without prejudice.(Copies have been distributed pursuant to the NEF - NY) |
| Filing 10 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM) |
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Filing 9
SCHEDULING ORDER granting #7 Discovery Plan and Scheduling Order; Discovery due by 9/9/2021. Motions due by 10/8/2021. Proposed Joint Pretrial Order due by 11/8/2021. Signed by Magistrate Judge Brenda Weksler on 3/19/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 8 Joint STATUS REPORT by Defendant OSI/Fleming's, LLC. (Lowry, Michael) |
| Filing 7 Stipulated Discovery Plan and Scheduling Order by Defendant OSI/Fleming's, LLC. (Lowry, Michael) |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant OSI/Fleming's, LLC. (Lowry, Michael) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 3/10/2021. Statement regarding removed action is due by 3/25/2021. Joint Status Report regarding removed action is due by 4/9/2021. (Copies have been distributed pursuant to the NEF - HAM) |
| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Brenda Weksler. (HAM) |
| Filing 3 MOTION for Demand for Security of Costs by Defendant OSI/Fleming's, LLC. Responses due by 3/23/2021. (Lowry, Michael) |
| Filing 2 CERTIFICATE of Interested Parties by OSI/Fleming's, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent OSI Restaurant Partners, LLC, Corporate Parent OSI HoldCo, Inc., Corporate Parent OS Prime, LLC for OSI/Fleming's, LLC added. (Lowry, Michael) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District, Case Number A-20-826111-C, (Filing fee $ 402 receipt number 0978-6399206) by OSI/Fleming's, LLC. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Demand Letter) (Lowry, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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