North v. Samsung SDI America, Inc. et al
| Joseph North |
| Samsung SDI America Inc and Samsung SDI Co Ltd |
| 4:2020cv00355 |
| April 28, 2020 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Robert W Schroeder |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 Case transferred in from District of California Northern; Case Number 5:19-cv-05621. Original file certified copy of transfer order and docket sheet received. |
| Case ASSIGNED to District Judge Robert W. Schroeder, III. (baf, ) |
| Notified Attorney for Plaintiff, Angela Nehmens, per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER EMAILD TO ANGELA NEHMENS (baf, ) |
| Notified Attorney for Defendant, John Toal, per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER EMAILED TO JOHN TOAL (baf, ) |
| Notified Attorney for Plaintiff, Rachel Abrams, per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER EMAILED TO RACHEL ABRAMS (baf, ) |
Filing 40
ORDER DENYING 20] Motion to Remand; GRANTING #7 Motion to Transfer. Signed by Judge Edward J. Davila on 4/27/2020. The Clerk of Court is directed to transfer this action to the Eastern District of Texas, Sherman Division. (ejdlc3S, COURT STAFF) (Filed on 4/27/2020) [Transferred from California Northern on 4/28/2020.]
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| Filing 39 CLERK'S NOTICE SETTING HEARING. Please take NOTICE the Initial Case Management Conference is HEREBY set for 7/2/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 4/10/2020) [Transferred from California Northern on 4/28/2020.] |
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Filing 38
Order granting #37 Stipulation Modifying Case Management and ADR Deadlines. Signed by Judge Edward J. Davila on 4/6/2020.(ejdlc3S, COURT STAFF) (Filed on 4/6/2020) [Transferred from California Northern on 4/28/2020.]
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| Filing 37 STIPULATION WITH PROPOSED ORDER to Extend Case Management and ADR Deadlines filed by Joseph North. (Nehmens, Angela) (Filed on 4/6/2020) [Transferred from California Northern on 4/28/2020.] |
| Filing 36 CLERK'S NOTICE SETTING HEARING. Please take NOTICE that the Initial Case Management Conference is set for 4/30/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 2/20/2020) [Transferred from California Northern on 4/28/2020.] |
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Filing 35
Order granting #34 Stipulation. Signed by Judge Edward J. Davila on 2/20/2020. (ejdlc3S, COURT STAFF) (Filed on 2/20/2020) [Transferred from California Northern on 4/28/2020.]
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| ***Set Deadlines/Hearings per ECF #35 Order: Joint Case Management Statement due by 4/24/2020. (amkS, COURT STAFF) (Filed on 2/20/2020) [Transferred from California Northern on 4/28/2020.] |
| Filing 34 STIPULATION WITH PROPOSED ORDER MODIFYING CASE MANAGEMENT AND ADR DEADLINES filed by Joseph North. (Nehmens, Angela) (Filed on 2/19/2020) [Transferred from California Northern on 4/28/2020.] |
| Filing 33 (Text Only) CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss(Docket Item No. #7 ) and Motion to Remand (Docket Item No. #20 before Judge Edward J. Davila previously noticed for 1/23/2020 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 1/23/2020 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motions. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 1/15/2020) [Transferred from California Northern on 4/28/2020.] |
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Filing 32
Order Granting As Modified #31 Stipulation to Extend Certain ADR and Case Management Deadlines Signed by Judge Edward J. Davila on 11/20/2019.(ejdlc1S, COURT STAFF) (Filed on 11/20/2019) [Transferred from California Northern on 4/28/2020.]
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| ***Set Deadlines/Hearings per ECF #32 Order: Joint Case Management Statement due by 3/2/2020. (amkS, COURT STAFF) (Filed on 11/20/2019) Modified text on 11/21/2019 (amkS, COURT STAFF). [Transferred from California Northern on 4/28/2020.] |
| Filing 31 STIPULATION WITH PROPOSED ORDER Modfying Case Management and ADR Deadlines filed by Joseph North. (Nehmens, Angela) (Filed on 11/19/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 30 REPLY (re #20 First MOTION to Remand ) IN SUPPORT OF MOTION FOR REMAND AND ATTORNEYS FEES PURSUANT TO 28 U.S.C. 1447(C) and 1441 (b)(2) filed byJoseph North. (Attachments: #1 Certificate/Proof of Service)(Nehmens, Angela) (Filed on 10/25/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 29 OPPOSITION/RESPONSE (re #20 First MOTION to Remand ) filed bySamsung SDI America, Inc., Samsung SDI Co., Ltd.. (Toal, John) (Filed on 10/18/2019) [Transferred from California Northern on 4/28/2020.] |
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Filing 28
Order granting #27 Stipulation re Briefing Schedule For Plaintiff's Motion to Remand. Signed by Judge Edward J. Davila on 10/10/2019. (ejdlc3S, COURT STAFF) (Filed on 10/10/2019) [Transferred from California Northern on 4/28/2020.]
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| Filing 27 STIPULATION WITH PROPOSED ORDER re #20 First MOTION to Remand Briefing Schedule filed by Samsung SDI America, Inc., Samsung SDI Co., Ltd.. (Toal, John) (Filed on 10/10/2019) [Transferred from California Northern on 4/28/2020.] |
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Filing 26
Order Granting #22 Motion to Shorten Time Signed by Judge Edward J. Davila on 10/8/2019. The hearing on Plaintiff's motion to remand is advanced to 1/23/2020 at 9:00 a.m. The court will hear that motion simultaneously with the motion to dismiss. The parties shall meet and confer in order to file a stipulated briefing schedule with the court within seven days of the date of this order. Briefing must be completed before 1/9/2020.(ejdlc1S, COURT STAFF) (Filed on 10/8/2019) [Transferred from California Northern on 4/28/2020.]
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| ***Set/Reset motion hearing per ECF #26 Order as to #20 First Motion to Remand. Motion Hearing set for 1/23/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 10/8/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 25 OPPOSITION/RESPONSE (re #22 First MOTION to Shorten Time PURSUANT TO F.R.C.P 6(c)(1)(C) TO HEAR PLAINTIFFS MOTION FOR REMAND AND ATTORNEYS FEES PURSUANT TO 28 U.S.C. 1447(C) ) Qualified Non-Opposition to Plaintiff's Ex Parte Application for an Order Shortening Time to Hear Plaintiff's Motion for Remand and Attorneys' Fees filed bySamsung SDI America, Inc., Samsung SDI Co., Ltd.. (Toal, John) (Filed on 10/7/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 24 REPLY (re #7 MOTION to Dismiss or, in the Alternative, to Transfer Venue ) filed by Samsung SDI Co., Ltd.. (Attachments: #1 Declaration Supplemental of Jikwang Kim, #2 Declaration of Sungman Ahn)(Toal, John)amendment to #23 (Filed on 10/4/2019) Modified on 10/4/2019 (cv, COURT STAFF). [Transferred from California Northern on 4/28/2020.] |
| Filing 23 *** POSTED IN ERROR *** please see #24 REPLY (re #7 MOTION to Dismiss or, in the Alternative, to Transfer Venue ) filed by Samsung SDI Co., Ltd.. (Attachments: #1 Declaration Supplemental of Jikwang Kim, #2 Declaration of Sungman Ahn)(Toal, John) (Filed on 10/4/2019) Modified on 10/4/2019 (cv, COURT STAFF). [Transferred from California Northern on 4/28/2020.] |
| Filing 22 First MOTION to Shorten Time PURSUANT TO F.R.C.P 6(c)(1)(C) TO HEAR PLAINTIFFS MOTION FOR REMAND AND ATTORNEYS FEES PURSUANT TO 28 U.S.C. 1447(C) filed by Joseph North. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration Declaration, #3 Exhibit A, #4 Proposed Order Proposed Order, #5 Certificate/Proof of Service Proof of Service)(Nehmens, Angela) (Filed on 10/4/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 21 OBJECTIONS to TO DECLARATION OF JIKWANG KIM FILED IN SUPPORT OF DEFENDANT SAMSUNG SDI CO. LTD.S NOTICE OF REMOVAL by Joseph North. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Nehmens, Angela) (Filed on 10/4/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 20 First MOTION to Remand filed by Joseph North. Motion Hearing set for 2/6/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/20/2020. Replies due by 2/27/2020. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order PROPOSED ORDER, #9 Certificate/Proof of Service PROOF OF SERVICE)(Nehmens, Angela) (Filed on 10/4/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 19 (Text Only) CLERKS NOTICE RESETTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Motion #7 to Dismiss or, in the Alternative, to Transfer Venue Hearing is now set for 1/23/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The Motion briefing schedule remains unchanged. See Civil L.R. 7-7(d). Joint Case Management Statement due by 3/2/2020. Initial Case Management Conference set for 3/12/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 9/30/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 18 Certificate of Interested Entities by Joseph North (Attachments: #1 Certificate/Proof of Service)(Nehmens, Angela) (Filed on 9/27/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 17 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss or, in the Alternative, to Transfer Venue ) filed byJoseph North. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate/Proof of Service)(Nehmens, Angela) (Filed on 9/27/2019) [Transferred from California Northern on 4/28/2020.] |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 9/24/2019. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 9/24/2019) Modified on 10/1/2019 (bwS, COURT STAFF). [Transferred from California Northern on 4/28/2020.]
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| Filing 15 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. (pmcS, COURT STAFF) (Filed on 9/24/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joseph North.. (Nehmens, Angela) (Filed on 9/23/2019) [Transferred from California Northern on 4/28/2020.] |
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Filing 13
ORDER re Plaintiff's Consent or Declination. #12 Clerk's Second Notice Re: Consent or Declination is hereby VACATED. Plaintiff's consent or declination due by 9/25/2019. Signed by Judge Virginia K. DeMarchi on 9/23/2019. (vkdlc1S, COURT STAFF) (Filed on 9/23/2019) [Transferred from California Northern on 4/28/2020.]
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| Filing 12 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/7/2019. (pmcS, COURT STAFF) (Filed on 9/23/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Samsung SDI America, Inc., Samsung SDI Co., Ltd... (Toal, John) (Filed on 9/19/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 10 DEMAND for Trial by Jury by Samsung SDI America, Inc., Samsung SDI Co., Ltd.. (Toal, John) (Filed on 9/19/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/20/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Filed on 9/13/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 8 Declaration of John A. Toal in Support of #7 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed bySamsung SDI Co., Ltd.. (Related document(s) #7 ) (Toal, John) (Filed on 9/13/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 7 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Samsung SDI Co., Ltd.. Motion Hearing set for 10/29/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 9/27/2019. Replies due by 10/4/2019. (Attachments: #1 Declaration of John A. Toal, #2 Proposed Order to Dismiss, #3 Proposed Order to Transfer)(Toal, John) (Filed on 9/13/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/3/2019. Initial Case Management Conference set for 12/10/2019 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 5 Certificate of Interested Entities by Samsung SDI Co., Ltd. identifying Other Affiliate Samsung Fire and Marine Insurance Company, Other Affiliate Samsung Electronics Co. Ltd. for Samsung SDI Co., Ltd.. (Toal, John) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 4 Certificate of Interested Entities by Samsung SDI America, Inc. identifying Corporate Parent Samsung SDI Co., Ltd., Other Affiliate Samsung Fire and Marine Insurance Company for Samsung SDI America, Inc.. (Toal, John) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 9/20/2019. (ajsS, COURT STAFF) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 2 NOTICE by Samsung SDI America, Inc., Samsung SDI Co., Ltd. to Adverse Party of Removal to Federal Court (Toal, John) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 19CV347693. (Filing fee $400 receipt number 0971-13681456). Filed bySamsung SDI Co., Ltd., Samsung SDI America, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet)(Toal, John) (Filed on 9/6/2019) [Transferred from California Northern on 4/28/2020.] |
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