RSO Corporation v. Navistar Inc.
| RSO Corporation and RSO Corporation doing business as World Wide Safety Rental Services |
| Navistar Inc. |
| 2:2023cv01669 |
| October 13, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Jennifer A Dorsey |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Filing 18
Proposed Discovery Plan and Scheduling Order by Plaintiff RSO Corporation.. (Jung, Branden)
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Filing 17
Joint STIPULATION FOR EXTENSION OF TIME (First Request) TO FILE ANSWER AND EXTEND TIME TO SERVE FED. R. CIV. P. 26(a)(1) INITIAL DISCLOSURES re #1 Petition for Removal,, by Defendant Navistar Inc.. (Cools, Joshua) (extend) (answer)
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Filing 16
DEMAND for Trial by Jury by Plaintiff RSO Corporation. (Jung, Branden)
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Filing 15
MINUTES OF PROCEEDINGS - Motion Hearing held on 11/30/2023 before Judge Jennifer A. Dorsey. Crtrm Administrator: A. Reyes; Pla Counsel: Branden Jung; Def Counsel: Joshua Cools and Skylar Arakawa-Pamphilon; Court Reporter: Amber McClane; Time of Hearing: 2:30 p.m. - 2:55 p.m.; Courtroom: 6D; The Court heard oral argument from Joshua Cools, Esq., attorney for movant Defendant Navistar, Inc., and from Branden Jung, Esq., attorney for nonmovant Plaintiff RSO Corporation. The Court ORDERS that the motion to dismiss #6 is GRANTED IN PART AND DENIED IN PART. The first (lemon law) and third (declaratory relief ) claims for relief are dismissed without leave to amend, and this case proceeds only on the second claim for relief (breach of warranty). Defendant has 10 days to file an answer. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Filing 14
Supplemental STATUS REPORT SUPPLEMENT TO THE JOINT STATUS REPORT by Plaintiff RSO Corporation.. (Jung, Branden)
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Filing 13
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 11/16/2023. Re: #12 Joint Status Report. Having reviewed the parties' joint status report, the Court notes that it contains a request that the Court stay the parties' obligations under Fed. R. Civ. P. 26 until after the Court rules on the pending motion to dismiss. However, the parties must file the appropriate motion for the Court to consider their request. The Court informs the parties that, should they move to stay their discovery obligations, the Court relies on the "good cause" standard articulated in Gibson v. MGM International, No. 2:23-cv-00140-MMD-DJA, 2023 WL 4455726 (D. Nev. July 11, 2023). The good cause test considers: (1) whether the dispositive motion can be decided without further discovery; and (2) whether good cause exists to stay discovery. Id. at *3. Ultimately, guided by Fed. R. Civ. P. 1, the Court is trying to determine whether it is more just to speed the parties along in discovery and other proceedings while a dispositive motion is pending or whether it is more just to delay or limit discovery and other proceedings to accomplish the inexpensive determination of the case. Id. (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 12
Joint STATUS REPORT by Defendant Navistar Inc... (Cools, Joshua)
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Filing 11
REPLY to Response to #6 Motion to Dismiss by Defendant Navistar Inc.. (Cools, Joshua)
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Filing 10
CERTIFICATE of Interested Parties by RSO Corporation that identifies all parties that have an interest in the outcome of this case. Other Affiliate Virginia Toalepai for RSO Corporation added. (Attachments: #1 Exhibit A) (Jung, Branden)
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Filing 9
NOTICE of Appearance by attorney Branden D. Jung on behalf of Plaintiff RSO Corporation. (Jung, Branden)
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Filing 8
RESPONSE to #6 Motion to Dismiss by Plaintiff RSO Corporation. Replies due by 11/10/2023. (Jung, Branden)
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Filing 7
NOTICE Setting Hearing on #6 MOTION to Dismiss: Motion Hearing set on a stacked calendar for 11/30/2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. This hearing will be conducted in person. (no image attached) (DC)
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Filing 6
MOTION to Dismiss by Defendant Navistar Inc.. Responses due by 11/3/2023. (Cools, Joshua)
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Filing 5
STATEMENT REGARDING REMOVAL by Defendant Navistar Inc... (Cools, Joshua)
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Filing 4
CERTIFICATE of Interested Parties by Navistar Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Traton US, LLC, Corporate Parent Traton SE, Corporate Parent Navistar International Corporation, Other Affiliate Volkswagen AG for Navistar Inc. added.. (Cools, Joshua)
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Filing 3
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 10/17/2023. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Defendant failed to file a certificate of interested parties. Accordingly, Defendant must file a certificate of interested parties no later than October 24, 2023. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 2
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 10/16/2023. By Deputy Clerk: A.Miller. Statement regarding removed action is due by 10/31/2023. Joint Status Report regarding removed action is due by 11/15/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. (AMMi)
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Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-873312-C, (Filing fee $ 402 receipt number ANVDC-7459554) by Navistar Inc.. Certificate of Interested Parties due by 10/23/2023. (Attachments: #1 Declaration of Joshua D Cools in Support of Notice of Removal, #2 Civil Cover Sheet) (Cools, Joshua) 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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