Perine et al v. United Airlines, Inc.
| Susan Perine and Charles Walter Perine |
| Cintas Corporation and United Airlines Inc |
| 1:2019cv00896 |
| October 23, 2019 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Douglas R Cole |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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ORDER: Upon oral request of the parties the Court extends the Status Report deadline to 12/27/2019. Signed by Judge Douglas R. Cole on 12/16/2019. (ss)
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| Filing 45 MOTION to Dismiss Under FRCP 12(c) ( Responses due by 1/2/2020), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United Airlines Inc. (Attachments: #1 Exhibit A - March 7, 2018 Plaintiff's Employee Claim Petition in the State of New Jersey, Dept. of Labor and Workforce Development, Div. of Workers' Compensation, #2 Exhibit B - United's Answer to Plaintiff's Claim Petition) (Torpey, Scott) |
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Filing 44
ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 43 ANSWER to #31 Amended Complaint Affirmative Defenses and Reliance on Jury Demand filed by United Airlines Inc. (Torpey, Scott) |
| Filing 42 NOTICE by Defendant United Airlines Inc Regarding Withdrawal of Co-Counsel Geneva A. Collins (Torpey, Scott) |
| Filing 41 STIPULATION for Extension of Time for Defendant United Airlines, Inc. to Move, Answer or Otherwise Plead by Defendant United Airlines Inc. (Torpey, Scott) |
| Filing 40 NOTICE of Appearance by Timothy J. O'Connell for Defendant United Airlines Inc (O'Connell, Timothy) |
| Filing 39 NOTICE of Appearance by Scott R Torpey for Defendant United Airlines Inc (Torpey, Scott) |
| Filing 32 ANSWER to #31 Amended Complaint filed by Cintas Corporation. (Bickley, Maureen) |
| Filing 31 STATE COURT AMENDED COMPLAINT against United Airlines Inc, Cintas Corporation, filed by United Airlines Inc, Susan Perine, Charles Walter Perine. Filed in Superior Court of California County of San Francisco on 7/23/2019 (jlw) |
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Notation Order: Plaintiffs commenced this civil action against Defendants Cintas Corporation and United Airlines, Inc. in California. (Doc. #31 ). On 10/21/19, the United States District Court for the Northern District of California issued an order transferring this civil action to this Court as to Defendant Cintas Corporation. (Doc. #28 ). Thereafter, on 11/15/19, the United States District Court for the Northern District of California issued an order transferring this civil action to this Court as to Defendant United Airlines, Inc. (Doc. #38 ). As this civil action has been transferred to the United States District Court for the Southern District of Ohio in its entirety, this Court hereby VACATES the case management deadlines established by the United States District Court for the Northern District of California. (See Docs. #7 , 16 , 23 ). On 12/16/19, the parties SHALL notify the Court via joint email to Chambers (black_chambers@ohsd.uscourts.gov) of the status of this civil action. After receipt of the parties' status report, the Court will set a preliminary pretrial conference by telephone to establish a case schedule, as appropriate. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/26/19. (rrs)
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Filing 38
ORDER TRANSFERRING ACTION TO DISTRICT COURT FOR SOUTHERN DISTRICT OF OHIO [re #17 MOTION to Dismiss for Lack of Jurisdiction filed by United Airlines, Inc., #9 MOTION to Dismiss for Improper Venue Pursuant to Federal Rule 12(b)(3) or Alternatively, for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2); Memorandum of Law filed by Cintas Corporation]. THE CLERK SHALL TRANSFER THIS ENTIRE ACTION TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AND CLOSE OUR FILE. Signed by Judge William Alsup on 11/15/2019. (filed in Northern District of California on 11/15/2019) (er)
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| Filing 33 Northern District of California Docket Sheet 3:19-cv-5427. (er) |
| Filing 37 Minute entry for proceedings held before Judge William Alsup: Motion Hearing re #17 MOTION to Dismiss for Lack of Jurisdiction, #21 MOTION to Amend/Correct, #9 MOTION to Dismiss held on 11/14/2019. Matter taken under submission. Court to issue written order. (Total Time in Court: 13 minutes.)Court Reporter: Katherine Sullivan.Plaintiff Attorney: Richard Grant.Defendant Attorney: Geneva Collins, Richard Lazenby.(This is a text-only entry generated by the court. There is no document associated with this entry. (filed in Northern District of California on 11/14/2019) (er) |
| Filing 36 EXHIBITS re #35 Statement of Decision filed by Defendant United Airlines Inc. (filed in Northern District of California on 11/8/2019) (er) |
| Filing 35 Statement of recent decision in support of #17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by United Airlines, Inc. (filed in Northern District of California on 11/8/2019) . (er) |
| Filing 30 STIPULATION - Agreed Stipulation for Extension of Time for Defendant to Move, Answer or Otherwise Plead by Defendant Cintas Corporation. (Bickley, Maureen) |
| Set/Reset Deadlines: Cintas Corporation answer due 11/27/2019. (jlw) |
| Filing 34 REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant United Airlines Inc. (filed in Northern District of California on 10/24/2019) (er) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc) |
| Filing 29 Case transferred in from District of California Northern; Case Number 3:19-cv-05427. Original file electronic copy of transfer order and docket sheet received. |
| Case electronically transferred to the Southern District of Ohio as to defendant Cintas Corporation (slhS, COURT STAFF) (Filed on 10/22/2019) [Transferred from California Northern on 10/23/2019.] |
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Filing 28
ORDER GRANTING AS TO CINTAS CORPORATION #27 STIPULATED REQUEST TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AND WITHDRAWAL OF #9 MOTION TO DISMISS. (whalc1, COURT STAFF) (Filed on 10/21/2019) [Transferred from California Northern on 10/23/2019.]
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| Filing 27 STIPULATION WITH PROPOSED ORDER To Transfer Venue To The U.S. District Court for the Southern District of Ohio; and Withdrawal of Motion to Dismiss; and Order Thereon filed by Susan Perine. (LeRoy, Lloyd) (Filed on 10/18/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 26 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss for Lack of Jurisdiction ) Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant United Airlines, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction filed byCharles Walter Perine, Susan Perine. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiffs' Opposition to Defendant United Airlines, Inc.'s Motion to Dismiss)(LeRoy, Lloyd) (Filed on 10/17/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 25 Corporate Disclosure Statement by Cintas Corporation (Bessette, Paul) (Filed on 10/11/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 24 Certificate of Interested Entities by Cintas Corporation identifying Corporate Parent Cintas Corporation, Other Affiliate Cintas Corporation No. 3 for Cintas Corporation. (Bessette, Paul) (Filed on 10/11/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 23 CLERK'S NOTICE CONTINUING CMC: Case Management Statement due by 12/12/2019. Initial Case Management Conference previously set for 12/12/2019 11:00 AM is rescheduled to 12/19/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 9/27/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 22 NOTICE of Appearance by Lloyd F. LeRoy (LeRoy, Lloyd) (Filed on 9/26/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 21 Amended NOTICE of #9 MOTION to Dismiss for Improper Venue Pursuant to Federal Rule 12(b)(3) or Alternatively, for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2); Memorandum of Law filed by Cintas Corporation. (McGahey, Erin) (Filed on 9/25/2019) Modified on 9/25/2019 (tlhS, COURT STAFF). [Transferred from California Northern on 10/23/2019.] |
| Filing 20 NOTICE of Appearance by Erin Sandra McGahey (McGahey, Erin) (Filed on 9/25/2019) [Transferred from California Northern on 10/23/2019.] |
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Filing 19
ORDER GRANTING AS MODIFIED #18 STIPULATED REQUEST TO CONTINUE HEARING DATE AND EXTEND TIME FOR BRIEFING by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 9/25/2019) [Transferred from California Northern on 10/23/2019.]
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| Set/Reset Deadlines re #19 Order: Motion Hearing re #17 MOTION to Dismiss for Lack of Jurisdiction previously set for 10/31/2019 08:00 AM is rescheduled to 11/14/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (tlhS, COURT STAFF) (Filed on 9/25/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 18 STIPULATION WITH PROPOSED ORDER To Continue Hearing Date and to Extend Time for Briefing; and Order Thereon filed by Charles Walter Perine, Susan Perine, Cintas Corporation and United Airlines, Inc. (Grant, Richard) (Filed on 9/24/2019) Modified on 9/25/2019 (amgS, COURT STAFF). [Transferred from California Northern on 10/23/2019.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction filed by United Airlines, Inc.. Motion Hearing set for 10/31/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 10/4/2019. Replies due by 10/11/2019. (Attachments: #1 Proposed Order)(Collins, Geneva) (Filed on 9/20/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 16 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 12/5/2019. Initial Case Management Conference set for 12/12/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 9/16/2019) [Transferred from California Northern on 10/23/2019.] |
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Filing 15
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/13/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/13/2019) [Transferred from California Northern on 10/23/2019.]
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| Filing 14 Corporate Disclosure Statement by United Airlines, Inc. re #11 Joinder (Collins, Geneva) (Filed on 9/13/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 13 Certificate of Interested Entities by United Airlines, Inc. re #11 Joinder (Collins, Geneva) (Filed on 9/13/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 12 Civil Cover Sheet by United Airlines, Inc. . (Collins, Geneva) (Filed on 9/13/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 11 Joinder re #4 Notice of Removal, by United Airlines, Inc.. (Collins, Geneva) (Filed on 9/13/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (tlS, COURT STAFF) (Filed on 9/12/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Federal Rule 12(b)(3) or Alternatively, for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2); Memorandum of Law filed by Cintas Corporation. Motion Hearing set for 10/21/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 9/24/2019. Replies due by 10/1/2019. (Attachments: #(1) Declaration of Edward P. Tugade, #(2) [Proposed] Order, #(3) Certificate/Proof of Service)(Brydon, John) (Filed on 9/10/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 8 CERTIFICATE OF SERVICE by Cintas Corporation of Initial Case Management Conference and ADR Deadlines (Tugade, Edward) (Filed on 9/3/2019) [Transferred from California Northern on 10/23/2019.] |
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Filing 7
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2019. Initial Case Management Conference set for 12/2/2019 01:30 PM. Signed by Magistrate Judge Sallie Kim on 9/3/19. (aaaS, COURT STAFF) (Filed on 9/3/2019) [Transferred from California Northern on 10/23/2019.]
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| Filing 6 CERTIFICATE OF SERVICE by Cintas Corporation No. 2 of Magistrate Judge Sallie Kim's Standing Order (Tugade, Edward) (Filed on 9/3/2019) [Transferred from California Northern on 10/23/2019.] |
| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #4 Notice of Removal, filed by Cintas Corporation No. 2 E-filer is reminded that Complaints, Removal Complaints are always entered as Docket Number 1. Defendant Parties Entered Incorrectly and United Airlines not entered at all. (aaaS, COURT STAFF) (Filed on 9/3/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/13/2019. (as, COURT STAFF) (Filed on 8/30/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 4 NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. 1441(b)(DIVERSITY); (NO PROCESS); Receipt 26JQT0EQ from San Francisco. Their case number is CGC-19-577168. (Filing fee$400, receipt number 097113659888). Filed byCintas Corporation No. 2. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Certificate/Proof of Service)(Tugade, Edward) (Filed on 8/29/2019) Modified on 8/30/2019 (as, COURT STAFF). Modified on 9/3/2019 (aaaS, COURT STAFF). [Transferred from California Northern on 10/23/2019.] |
| Filing 3 NOTICE of Appearance by Edward P Tugade PM Bessette (Tugade, Edward) (Filed on 8/29/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 2 NOTICE of Appearance by Edward P Tugade (Tugade, Edward) (Filed on 8/29/2019) [Transferred from California Northern on 10/23/2019.] |
| Filing 1 NOTICE of Appearance by Edward P Tugade (Tugade, Edward) (Filed on 8/29/2019) [Transferred from California Northern on 10/23/2019.] |
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