Oseguera v. Postmates, LLC et al
| Jovanni Oseguera |
| Postmates, LLC, Postmates, Inc. and Timothy Allen Vandyke |
| 2:2022cv00216 |
| February 4, 2022 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Andrew P Gordon |
| Elayna J Youchah |
| Motor Vehicle |
| 28 U.S.C. § 1446 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 46
ORDER Granting #45 Stipulation for Dismissal with prejudice. Signed by Judge Jennifer A. Dorsey on 4/21/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 45
STIPULATION FOR DISMISSAL STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana) (dismissal)
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Filing 44
NOTICE DEFENDANTS POSTMATES, LLC, POSTMATES, INC. AND TIMOTHY ALLEN VANDYKE'S NOTICE OF APPEARANCE OF ATTORNEY ANALISE N. M. TILTON by Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke.. (Tilton, Analise)
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Filing 43
CLERK'S NOTICE. Attorney Action Required to ECF No. #42 Notice. ERROR: Document not filed in accordance with LR IA 11-6(b) requiring an attorney seeking to withdraw to file a motion or stipulation. Counsel is advised to refile ECF No. #42 in accordance with the Local Rules. (no image attached) (EDS)
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Filing 42
NOTICE OF REMOVAL FROM SERVICE LIST AND ECF EMAIL NOTIFICATIONS by Jovanni Oseguera.. (Paglia, Anthony)
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Filing 41
ORDER Granting #40 Stipulation to Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/31/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 40
STIPULATION STIPULATED PROTECTIVE ORDER by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana) (other) (protective)
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Filing 39
ORDER Granting #38 Stipulation for Extension of Time. Discovery due by 6/6/2023. Motions due by 7/7/2023. Proposed Joint Pretrial Order due by 8/7/2023. Signed by Magistrate Judge Elayna J. Youchah on 1/17/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 38
STIPULATION FOR EXTENSION OF TIME (Third Request) STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (THIRD REQUEST) re #35 Order on Stipulation,, Scheduling Order, by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana) (extend) (discovery)
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Filing 37
ORDER Granting #36 Stipulation Regarding FRCP 35 Examination of Plaintiff. IT IS HEREBY ORDERED that Plaintiff, JOVANNI OSEGUERA, will appear for an FRCP 35 Examination Dr. Jeffrey Wang on 12/2/2022 located at 2500 W Sahara Ave, Suite 207, Las Vegas, NV 89102. Signed by Magistrate Judge Elayna J. Youchah on 11/29/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 36
STIPULATION and Order Regarding FRCP 35 Examination of Plaintiff by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana) (other) (discovery)
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Filing 35
ORDER Granting #34 Stipulation to Extend Discovery Deadlines. Discovery due by 4/7/2023. Motions due by 5/8/2023. Proposed Joint Pretrial Order due by 6/7/2023. Signed by Magistrate Judge Elayna J. Youchah on 11/15/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 34
STIPULATION FOR EXTENSION OF TIME (Second Request) STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) re #31 Order on Stipulation, by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana) (extend) (discovery)
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Filing 33
NOTICE of Order of Discharge of Defendant Timothy Allen Vandyke's Bankruptcy by Jovanni Oseguera re #26 Notice of Bankruptcy.. (Moss, Boyd)
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Filing 32
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/4/2022. ORDER denying #27 Motion to Lift Stay. Because it appears that the motion to lift the automatic bankruptcy stay was erroneously filed in this action instead of the bankruptcy proceeding, and because this court lacks jurisdiction to grant such relief, IT IS ORDERED that the motion to lift stay #27 is DENIED without prejudice.(Copies have been distributed pursuant to the NEF - JAD)
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Filing 31
ORDER Granting #29 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 6/2/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 30
ERRATA to #28 Response by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana)
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Filing 29
STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) re #24 Order on Discovery Plan and Scheduling Order, by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana)
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Filing 28
RESPONSE to #27 Motion to Lift Stay of Case by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. Replies due by 5/27/2022. (Santana, Susana)
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Filing 27
MOTION to Lift Stay of Case re #26 Notice of Bankruptcy by Plaintiff Jovanni Oseguera. (Moss, Boyd)
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Filing 26
NOTICE OF BANKRUPTCY Upon the Record DEFENDANT TIMOTHY ALLEN VANDYKE'S NOTICE OF BANKRUPTCY by Defendant Timothy Allen Vandyke (Attachments: #1 Exhibit A) (Odou, Joel)
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Filing 25
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.) (no image attached) (JQC)
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Filing 24
SCHEDULING ORDER Granting #23 Discovery Plan and Scheduling Order. Discovery due by 8/3/2022. Motions due by 9/2/2022. Proposed Joint Pretrial Order due by 10/3/2022. Signed by Magistrate Judge Elayna J. Youchah on 3/21/2022.(Copies have been distributed pursuant to the NEF - JQC)
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Filing 23
Proposed Stipulated Discovery Plan and Scheduling Order by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana)
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Filing 22
ORDER Granting #21 Motion to Withdraw as Attorney. Signed by Magistrate Judge Elayna J. Youchah on 3/14/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 21
MOTION to Withdraw as Attorney by Anthony M. Paglia for Plaintiff Jovanni Oseguera re 8 QC Notice,,. (Paglia, Anthony)
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Filing 20
Mail Returned as Undeliverable re 16 Clerks Notice Reassign Judge, addressed to Chandler R. Keeton. Envelope marked: "Return to Sender"; No new address. (JQC)
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Filing 19
CERTIFICATE of Interested Parties by Jovanni Oseguera. There are no known interested parties other than those participating in the case (Moss, Boyd)
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Filing 18
Joint STATUS REPORT by Defendants Postmates, Inc., Postmates, LLC, Timothy Allen Vandyke. (Santana, Susana)
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Filing 17
NOTICE of Association of Counsel by Boyd B Moss, III on behalf of Plaintiff Jovanni Oseguera. (Moss, Boyd)
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Filing 16
CLERK'S NOTICE that this case is randomly reassigned to Judge Jennifer A. Dorsey for all further proceedings per 15 Minute Order. All further documents must bear the correct case number 2:22-cv-00216-JAD-EJY. (no image attached) (SLD)
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Filing 15
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 2/22/2022. With good cause appearing, the Honorable Judge Andrew P. Gordon recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - KSR)
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Filing 14
CERTIFICATE of Interested Parties by Timothy Allen Vandyke. There are no known interested parties other than those participating in the case (Santana, Susana)
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Filing 13
STATEMENT REGARDING REMOVAL by Defendants Postmates, Inc., Postmates, LLC. (Santana, Susana)
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Filing 12
RESPONSE to #6 Order to Show Cause by Defendants Postmates, LLC and Postmates, Inc. Timothy Allen Vandyke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Santana, Susana) Modified on 2/22/2022 (SLD).
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Filing 11
DEMAND for Trial by Jury by Defendant Timothy Allen Vandyke. (Smith, Dane)
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Filing 10
ANSWER to Complaint filed by Timothy Allen Vandyke.(Smith, Dane)
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Filing 9
NOTICE SERVICE OF MINUTES OF THE COURT DATED FEBRUARY 4, 2022 by Postmates, Inc., Postmates, LLC re #5 Minute Order Removal Case,. (Attachments: #1 Exhibit A) (Santana, Susana)
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Filing 8
CLERK'S NOTICE Regarding Local Rule IA 11-1. Attorney Chandler R. Keeton has not been admitted to the bar of this Court. Counsel is advised to fill out the form "Motion for Admission to Practice" which is available on the Court's website at www.nvd.uscourts.gov. Once filled out, counsel must bring the form and fee of $212 to the Clerk's Office Intake window to be sworn in. Office hours are Monday - Friday, 9 am - 4 pm. (no image attached) (SLD)
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Filing 7
STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon'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 - SLD)
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Filing 6
ORDER TO SHOW CAUSE. IT IS ORDERED that by 2/21/2022, the removing defendants shall show cause in writing why this action should not be remanded for lack of subject matter jurisdiction. Signed by Judge Andrew P. Gordon on 2/7/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 5
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 2/4/2022. Statement regarding removed action is due by 2/19/2022. Joint Status Report regarding removed action is due by 3/6/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 4
ANSWER re #1 Petition for Removal,, DEFENDANTS POSTMATES, LLC AND POSTMATES, INC.'S ANSWER TO PLAINTIFF'S COMPLAINT filed by POSTMATES, INC., POSTMATES, LLC. Discovery Plan/Scheduling Order due by 3/21/2022.(Santana, Susana) 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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Filing 3
DEMAND for Trial by Jury by Defendants POSTMATES, INC., POSTMATES, LLC. (Santana, Susana)
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Filing 2
CERTIFICATE of Interested Parties by POSTMATES, INC., POSTMATES, LLC. There are no known interested parties other than those participating in the case (Santana, Susana)
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Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court Nevada, Case Number a-21-845018-c, (Filing fee $ 402 receipt number 0978-6786287) by POSTMATES, LLC, POSTMATES, INC.. Proof of service due by 3/6/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet Civil Cove Sheet) (Santana, Susana) 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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Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (JQC)
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