Jennifer O'Neil v. The Kroger Company et al

California Central District Court
Judge:	Dolly M Gee
Referred:	Maria A Audero
Case #:	2:19-cv-04125
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1441 Notice of Removal - Fraud

Case Filed:	May 13, 2019
Terminated:	Aug 30, 2019
Case in other court:	Los Angeles Superior Court, 19STCV10050

Docket
Parties (3)

Last checked: Saturday Nov 09, 2019 1:53 AM PST

Defendant The Kroger Company	Represented By Jacob Michael Harper Davis Wright Tremaine LLP contact info James H Moon Davis Wright Tremaine LLP contact info
Defendant Does
Plaintiff Jennifer O'Neil	Represented By Matthew Thomas Theriault Clarkson Law Firm PC contact info Shireen M Clarkson Clarkson Law Firm PC contact info Celine Cohan Clarkson Law Firm PC contact info Ryan J Clarkson Clarkson Law Firm PC contact info

Docket last updated: 3 hours ago

Tuesday, September 03, 2019
28		28 misc Letter of Transmittal - Remand to Superior Court (CV-103) - optional html form Tue 09/03 6:41 AM TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) Related: [-]
Friday, August 30, 2019
27		27 order Remand Case to State Court Dismiss Case Tue 09/03 6:40 AM MINUTES OF IN CHAMBERS - ORDER GRANTING PLAINTIFF'S MOTION TO REMAND by Judge Dolly M. Gee: The Court GRANTS Plaintiff's Motion to Remand18 , but DENIES her request for attorneys' fees and costs. Given the Court's ruling on this motion, it also DENIES, without prejudice, Defendant's pending Motion to Dismiss19 as moot. This action is hereby REMANDED to Los Angeles County Superior Court, Case No. 19STCV10050. ( MD JS-6. Case Terminated ) Court Reporter: Not Reported. (gk) Related: [-]
Thursday, August 29, 2019
26		26 textonly Text Only Scheduling Notice Thu 08/29 10:52 AM (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Remand18 and Defendant's Motion to Dismiss Plaintiff's Complaint19 presently scheduled for hearing on August 30, 2019, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) Related: [-]
Friday, August 16, 2019
25		25 respm Reply (Motion related) Fri 08/16 6:29 PM REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities 19 / Defendant's Reply Memorandum in Support of Motion to Dismiss Plaintiff's Complaint filed by Defendant The Kroger Company. (Harper, Jacob) Related: [-]
24		24 respm Reply (Motion related) Fri 08/16 6:18 PM REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court18 filed by Plaintiff Jennifer O'Neil.(Theriault, Matthew) Related: [-]
		Att: 1 Declaration OF MATTHEW T. THERIAULT IN SUPPORT OF PLAINTIFFS MOTION TO REMAND (SUPPLEMENTAL)
Friday, August 09, 2019
23		23 18 pgs respm Memorandum in Opposition to Motion Fri 08/09 4:19 PM MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court18 filed by Defendant The Kroger Company. (Harper, Jacob) Related: [-]
Thursday, August 08, 2019
22		22 25 pgs respm Memorandum in Opposition to Motion Thu 08/08 9:02 PM MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities 19 filed by Plaintiff Jennifer O'Neil. (Theriault, Matthew) Related: [-]
Tuesday, June 25, 2019
21		21 textonly Text Only Scheduling Notice Tue 06/25 4:43 PM (IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues Plaintiff's Motion to Remand18 from July 19, 219 to August 30, 2019 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) Related: [-]
Wednesday, June 19, 2019
20		20 1 pgs order Order Extending Answer Due Deadline Thu 06/20 2:21 PM ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge Dolly M. Gee: Upon Stipulation17 , the Court hereby ORDERS that Defendant The Kroger Company's deadline to respond to the initial complaint is hereby extended until seven days after the Court decides the motion to remand, currently set for hearing on 7/19/2019. (gk) Related: [-]
19		19 motion Dismiss Case Wed 06/19 7:41 PM NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities filed by Defendant The Kroger Company. Motion set for hearing on 8/30/2019 at 09:30 AM before Judge Dolly M. Gee. (Harper, Jacob) Related: [-]
		Att: 1 Proposed Order
Tuesday, June 18, 2019
18		18 motion Remand Case to State Court Tue 06/18 6:11 PM NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by PLAINTIFF Jennifer O'Neil. Motion set for hearing on 7/19/2019 at 09:30 AM before Judge Dolly M. Gee. (Theriault, Matthew) Related: [-]
		Att: 1 Memorandum OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO REMAND,
		Att: 2 Declaration OF MATTHEW T. THERIAULT IN SUPPORT OF MOTION TO REMAND,
		Att: 3 Proposed Order GRANTING PLAINTIFFS MOTION TO REMAND
Monday, June 17, 2019
17		17 stip Extending Time to Answer (More than 30 days) Mon 06/17 4:30 PM STIPULATION for Extension of Time to File Answer to July 26, 2019 filed by Defendant The Kroger Company.(Moon, James) Related: [-]
		Att: 1 Proposed Order
Tuesday, June 11, 2019
16		16 order Minutes of In Chambers Order/Directive - no proceeding held Tue 06/11 3:58 PM MINUTES OF IN CHAMBERS - ORDER DISCHARGING THE COURT'S ORDER TO SHOW CAUSE by Judge Dolly M. Gee: On 5/16/2019, the Court issued an Order to Show Cause ("OSC") why this case should not be remanded to Los Angeles County Superior Court for improper removal due to lack of subject matter jurisdiction13 . Having reviewed the parties' submissions in response to the OSC, the Court hereby DISCHARGES the OSC. See document for further details. Court Reporter: Not Reported. (gk) Related: [-]
Thursday, May 30, 2019
15		15 misc Reply Thu 05/30 5:07 PM REPLY filed by Plaintiff Jennifer O'Neil to Minutes of In Chambers Order/Directive - no proceeding held,,,,13 (Theriault, Matthew) Related: [-]
		Att: 1 Declaration OF MATTHEW T. THERIAULT IN SUPPORT OF PLAINTIFFS REPLY RE: ORDER TO SHOW CAUSE RE: REMAND
Thursday, May 23, 2019
14		14 misc Response Thu 05/23 2:20 PM RESPONSE filed by Defendant The Kroger Companyto Minutes of In Chambers Order/Directive - no proceeding held,,,,13 (Harper, Jacob) Related: [-]
Thursday, May 16, 2019
13		13 2 pgs order Minutes of In Chambers Order/Directive - no proceeding held Thu 05/16 4:24 PM MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: Since Defendant has made no showing that the value of any potential injunctive relief to Plaintiff or the cost of that injunctive relief to Defendant, combined with costs and fees, exceeds $5 million, Defendant is hereby ORDERED TO SHOW CAUSE why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction and improper removal. See Corral v. Select Portfolio Servicing, Inc., 878 F.3d 770, 775 (9th Cir. 2017) (the amount that a request for injunctive relief places in controversy is the value to the Plaintiff or cost to Defendant of that relief). Defendant shall file a response by no later than May 23, 2019. Failure to timely file a satisfactory response by this deadline will result in the remand of this action. Plaintiff shall file a reply, if any, by May 30, 2019. Each party's brief, exclusive of supporting declarations, shall not exceed 10 pages. IT IS SO ORDERED. (See order for details.) (kti) Related: [-]
12		12 order Extension of Time to File Thu 05/16 4:22 PM ORDER GRANTING EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT10 by Judge Dolly M. Gee: The Court has reviewed and considered Defendant The Kroger Co.'s ("Krogers") Ex Parte Application to Extend Time to Respond to the Initial Complaint, and the opposition thereto10 11 . The Court is disappointed that the parties could not reach an agreement as to a simple extension of time to file an initial response to a complaint without the need for court intervention. This does not reflect well on the parties' counsel. Having duly considered the ex parte application, and good cause appearing therein, IT IS HEREBY ORDERED that Kroger's application is GRANTED. Kroger's deadline to respond to the initial complaint is hereby extended by 30-days, i.e., from May 20, 2019 to June 19, 2019. In the future, the parties shall avoid submitting requests for continuance or extension of time less than five court days prior to the expiration of the scheduled date. See Initial Standing Order at 119 ; Judge Gee's Procedures and Schedules at 7, United States District Court, Central District of California website. IT IS SO ORDERED. (kti) Related: [-]
11		11 4 pgs respm Memorandum in Opposition to Motion Thu 05/16 2:02 PM MEMORANDUM in Opposition to EX PARTE APPLICATION for Extension of Time to File Response to Initial Complaint10 filed by Plaintiff Jennifer O'Neil. (Theriault, Matthew) Related: [-]
Wednesday, May 15, 2019
10		10 motion Extension of Time to File Document Wed 05/15 1:29 PM EX PARTE APPLICATION for Extension of Time to File Response to Initial Complaint filed by defendant The Kroger Company. (Harper, Jacob) Related: [-]
		Att: 1 Declaration of Jacob Harper,
		Att: 2 Declaration of James Moon,
		Att: 3 Proposed Order Granting Ex Parte
9		9 order Initial Order upon Filing of Complaint - form only Wed 05/15 11:19 AM INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) Related: [-]
8		8 notice Clerical Error (G-11) Wed 05/15 9:33 AM NOTICE OF CLERICAL ERROR: Due to clerical error the plaintiff's name was misspelled on the docket. Docket Entry Re: Notice to Parties of Court-Directed ADR Program (ADR-8) form6 should be disregarded. A corrected Notice has been issued see docket entry 7. (car) Related: [-]
7		7 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 05/15 9:17 AM CORRECTED NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) Related: [-]
Tuesday, May 14, 2019
6		6 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Tue 05/14 6:41 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) Related: [-]
5		5 notice Notice of Assignment to United States Judges (CV-18) - optional html form Tue 05/14 6:40 PM NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Maria A. Audero. (car) Related: [-]
Monday, May 13, 2019
4		4 2 pgs misc Corporate Disclosure Statement Mon 05/13 2:47 PM CORPORATE DISCLOSURE STATEMENT filed by Defendant The Kroger Company (Harper, Jacob) Related: [-]
3		3 1 pgs notice Certificate/Notice of Interested Parties Mon 05/13 2:45 PM NOTICE of Interested Parties filed by Defendant The Kroger Company, identifying The Kroger Co.; Jennifer O'Neil. (Harper, Jacob) Related: [-]
2		2 3 pgs misc Civil Cover Sheet (CV-71) Mon 05/13 2:42 PM CIVIL COVER SHEET filed by Defendant The Kroger Company. (Harper, Jacob) Related: [-]
1		1 12 pgs notice Notice of Removal (Attorney Civil Case Opening) Mon 05/13 2:37 PM NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV10050 Receipt No: 0973-23726430 - Fee: $400, filed by defendant The Kroger Company. (Attorney Jacob Michael Harper added to party The Kroger Company(pty:dft))(Harper, Jacob) Related: [-]
		Att: 1 19 pgs A-Complaint,
		Att: 2 3 pgs B-Notice of Acknowledgement of Receipt,
		Att: 3 2 pgs C-Summons,
		Att: 4 3 pgs D-Civil Case Cover Sheet,
		Att: 5 5 pgs E-Addendum to Civil Cover Sheet,
		Att: 6 3 pgs F-Theriault Declaration,
		Att: 7 2 pgs G-Notice of Case Assignment,
		Att: 8 2 pgs H-Instructions for Handling Unlimited Civil Cases,
		Att: 9 10 pgs I-Initiating Documents,
		Att: 10 5 pgs J-ADR Packet,
		Att: 11 3 pgs K-Peremptory Challenge to Judicial Officer,
		Att: 12 2 pgs L-Order re Peremtory Challenge,
		Att: 13 2 pgs M- Certificate of Mailing filed,
		Att: 14 7 pgs N-Notice of Order Peremptory Challenge,
		Att: 15 9 pgs O-Demand Letter
		cmp Complaint - (Discovery) Tue 05/14 6:44 PM CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, The Kroger Company. Jury Demanded, filed by plaintiff Jennifer O'Neill. Filed in State Court on 3/25/19 Submitted with Attachment 1 to Notice of Removal1 (car) Related: [-]
		service Notice and Acknowledgment of Service (CV-21) Executed Tue 05/14 6:47 PM NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed by Plaintiff Jennifer O'Neill, upon Defendant The Kroger Company acknowledgment sent by Plaintiff on 3/27/2019, answer due 4/17/2019. Acknowledgment of Service signed by Jacob M Harper, Attorney for Defendant. Submitted with Attachment 2 to Notice of Removal1 (car) Related: [-]

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