Durell Mike-Price et al v. Toshiba Lifestyle Products and Services Corporation et al
| California Central District Court | |
| Judge: | Sherilyn Peace Garnett |
| Referred: | Maria A Audero |
| Case #: | 2:23-cv-02214 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1446 Notice of Removal - Personal Injury |
| Case Filed: | Mar 24, 2023 |
| Terminated: | May 31, 2023 |
| Last checked: Wednesday Sep 20, 2023 5:15 AM PDT |
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Defendant
GD Midea Air Conditioning Equipment Co., Ltd.
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Defendant
Midea America Corp.
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Represented By
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Defendant
Midea Group Co., Ltd.
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Defendant
Toshiba Corporation
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Represented By
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Defendant
Toshiba Lifestyle Products and Services Corporation
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Represented By
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Defendant
Toshiba Logistics America, Inc.
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Represented By
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Defendant
Does
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Defendant
Home Depot U.S.A., Inc.
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Represented By
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Defendant
Midea Electric Trading Singapore Co. Pte. Ltd.
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Plaintiff
Durell Mike-Price
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Represented By
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Plaintiff
Johnna Mike-Price
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Represented By
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Plaintiff
C. M. P.
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Represented By
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| Docket last updated: 23 minutes ago |
| Tuesday, June 13, 2023 | ||
| 24 | 24
misc
Receipt
Tue 06/13 3:02 PM
Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 22STCV29728, acknowledged on 6/13/2023. (iv) |
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| Wednesday, May 31, 2023 | ||
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Letter of Transmittal - Remand to Superior Court (G-17) - optional html form
Wed 05/31 1:20 PM
TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (iv) |
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order
Remand Case to State Court
Wed 05/31 1:19 PM
ORDER GRANTING PLAINTIFFS' MOTION TO REMAND11 by Judge Sherilyn Peace Garnett. The Motion is GRANTED. This action is REMANDED to the Los Angeles County Superior Court. However, Plaintiff's request for attorneys' fees is DENIED. MD JS-6. Case Terminated. (iv) |
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| Monday, May 22, 2023 | ||
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Text Only Scheduling Notice
Mon 05/22 9:00 AM
(IN CHAMBERS) ORDER TAKING THE MOTION (DKT.NO.11 ) UNDER SUBMISSION by Judge Sherilyn Peace Garnett: The Court has considered the matter raised with respect to Motion to Remand the Case to State Court for Lack of Subject Matter Jurisdiction and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Motion noticed for hearing on May 24, 2023, has been taken under submission and off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) |
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| Tuesday, April 25, 2023 | ||
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order
Order ~Util - Set/Reset Deadlines/Hearings
Tue 04/25 11:16 AM
ORDER GRANTING APPLICATION FOR AN ORDER (1) CONTINUING THE HEARING DATE FOR THE MOTION TO REMAND, (2) CONTINUING THE SCHEDULING CONFERENCE, AND (3) CONTINUING THE FEDERAL RULES OF CIVIL PROCEDURE 12(B) MOTION HEARING DATE19 by Judge Sherilyn Peace Garnett. The Court grants a continuance of the hearing date on Plaintiffs' motion for remand to May 24, 2023 at 1:30 p.m. to the extent Plaintiff's motion to remand is denied, a continuance of the scheduling conference to July 5, 2023 at 3:00 p.m. (iv) |
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| Monday, April 24, 2023 | ||
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stip
Continue
Mon 04/24 4:43 PM
STIPULATION to Continue hearing date for the motion to remand from April 26, 2023 to May 24, 2023 Re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court11 filed by defendant Midea America Corp..(Gill, Raymond) |
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Att: 1
Proposed Order
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| Thursday, April 13, 2023 | ||
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respm
Declaration (Motion related)
Thu 04/13 11:57 AM
DECLARATION of Raymond L. Gill (Supplemental) In Support of Defendant Midea America Corp.'s Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court11 filed by Defendant Midea America Corp.. (Gill, Raymond) |
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| Wednesday, April 12, 2023 | ||
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respm
Reply (Motion related)
Wed 04/12 2:47 PM
REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court11 filed by Plaintiffs Durell Mike-Price, Johnna Mike-Price, C. M. P..(Creed, Jesse) |
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Att: 1
Declaration of Jesse Creed in Support of Motion,
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Att: 2
Exhibit 1,
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Att: 3
Plaintiffs' Response to Defendant Midea America Corp.'s Evidentiary Objections to the Declaration of Jesse Creed
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| Thursday, April 06, 2023 | ||
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notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Thu 04/06 3:24 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program15 . The following error(s) was/were found: The filing of a Declination Statement of Consent to Proceed before a Magistrate Judge only applies to cases under the "Magistrate Judge Direct Assignment Program", wherein the initial judge assignment as the presider of the case is assigned to a magistrate judge. This case is not under that program. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (rn) |
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| Wednesday, April 05, 2023 | ||
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Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program
Wed 04/05 5:31 PM
DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Midea America Corp.. (Gill, Raymond) |
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service
Proof of Service (subsequent documents)
Wed 04/05 5:30 PM
CERTIFICATE OF SERVICE filed by defendant Midea America Corp., re MEMORANDUM in Opposition to Motion,,,13 served on 04/05/2023. (Gill, Raymond) |
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respm
Memorandum in Opposition to Motion
Wed 04/05 5:28 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court11 filed by Defendant Midea America Corp..(Gill, Raymond) |
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Att: 1
Declaration of Raymond L. Gill,
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Att: 2
Exhibit A1 - Midea Response to Pltfs Special Rog Set 1,
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Att: 3
Exhibit A2 - Midea Response to Pltfs RFPs Set 1,
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Att: 4
Exhibit B - Home Depot Response to Pltfs SpRogs Set 1,
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Att: 5
Exhibit C - Supplemental Declaration of D Vellema,
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Att: 6
Exhibit D - Declaration of R Garrett,
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Att: 7
Exhibit E - Declaration of R Teixeira,
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Att: 8
Exhibit F - Declaration of J Huang,
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Att: 9
Exhibit G - Declaration of H Yamawaki,
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Att: 10
Proposed Order Denying Plaintiffs' Motion to Remand to State Court,
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Att: 11
Evidentiary Objections to the Declaration of J Creed
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| Wednesday, March 29, 2023 | ||
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order
Order ~Util - Set/Reset Deadlines/Hearings
Fri 03/31 10:34 AM
ORDER GRANTING STIPULATION REGARDING DEADLINES FOR PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' RESPONSE TO PLAINTIFFS' COMPLAINT AND RESETTING SCHEDULING CONFERENCE10 by Judge Sherilyn Peace Garnett. The Scheduling Conference shall be continued to June 7, 2023. (iv) |
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| Tuesday, March 28, 2023 | ||
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motion
Remand Case to State Court
Tue 03/28 9:41 PM
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Durell Mike-Price, Johnna Mike-Price, C. M. P.. Motion set for hearing on 4/26/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Creed, Jesse) |
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Att: 1
Declaration of Jesse Creed in Support of Motion,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Proposed Order
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stip
Extension of Time to File Response/Reply
Tue 03/28 2:49 PM
STIPULATION for Extension of Time to File DEADLINE FOR PLAINTIFFS MOTION TO REMAND AND DEFENDANTS RESPONSE TO PLAINTIFFS COMPLAINT AND RESETTING SCHEDULING CONFERENCE filed by Plaintiffs Durell Mike-Price, Johnna Mike-Price, C. M. P..(Creed, Jesse) |
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Att: 1
Proposed Order
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| Monday, March 27, 2023 | ||
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order
Initial Order Setting R26 Scheduling Conference - form only
Mon 03/27 11:59 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge Sherilyn Peace Garnett. Rule 26 Meeting Report due by 4/12/2023. Scheduling Conference set for 4/26/2023 at 03:00 PM before Judge Sherilyn Peace Garnett. (pg) |
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order
Initial Order upon Filing of Complaint - form only
Mon 03/27 11:49 AM
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg) |
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Mon 03/27 11:39 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 03/27 11:38 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 03/27 11:38 AM
NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Maria A. Audero. (ghap) |
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| Friday, March 24, 2023 | ||
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misc
Declaration
Fri 03/24 5:44 PM
DECLARATION of Raymond L. Gill re Notice of Removal (Attorney Civil Case Opening),1 filed by Defendant Midea America Corp.. (Gill, Raymond) |
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misc
Civil Cover Sheet (CV-71)
Fri 03/24 5:40 PM
CIVIL COVER SHEET filed by Defendant Midea America Corp.. (Gill, Raymond) |
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notice
Certificate/Notice of Interested Parties
Fri 03/24 5:39 PM
CERTIFICATE of Interested Parties filed by Defendant Midea America Corp., identifying Midea Electric Netherlands B.V.; Media Group Co., Ltd.; Allianz Jingdong General Insurance Company, Ltd.. (Gill, Raymond) |
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notice
Notice of Removal (Attorney Civil Case Opening)
Fri 03/24 5:36 PM
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV29728 Receipt No: ACACDC-35021456 - Fee: $402, filed by defendant Midea America Corp.. (Attorney Raymond Lawrence Gill added to party Midea America Corp.(pty:dft))(Gill, Raymond) |
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Att: 1
520 pgs
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Exhibit D,
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Exhibit E,
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Exhibit F,
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Exhibit G,
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Att: 8
Exhibit H
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cmp
Complaint - (Discovery)
Mon 03/27 11:52 AM
CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-50, GD Midea Air Conditioning Equipment Co., Ltd., Home Depot U.S.A., Inc., Midea America Corp., Midea Electric Trading Singapore Co. Pte. Ltd., Midea Group Co., Ltd., Toshiba Corporation, Toshiba Lifestyle Products and Services Corporation, Toshiba Logistics America, Inc..(Filing fee $ 402) Jury Demanded., filed by plaintiffs C. M. P., Johnna Mike-Price, Durell Mike-Price. (FILED IN STATE COURT ON 9/13/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/27 11:57 AM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff C. M. P., Johnna Mike-Price, Durell Mike-Price, upon Defendant Toshiba Logistics America, Inc. served on 10/3/2022, answer due 10/24/2022. Service of the Summons and Complaint were executed upon Junko Makino-Chief Financial Officer in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/6/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/27 12:00 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff C. M. P., Johnna Mike-Price, Durell Mike-Price, upon Defendant Toshiba Corporation served on 10/4/2022, answer due 10/25/2022. Service of the Summons and Complaint were executed upon Maggie Jenkins-Senior Counsel Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/12/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/27 12:04 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff C. M. P., Johnna Mike-Price, Durell Mike-Price, upon Defendant Home Depot U.S.A., Inc. served on 10/4/2022, answer due 10/25/2022. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service, Registered Agent, by serving Lai Saevang-Agent for Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/12/02022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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answer
Answer to Complaint (Discovery)
Mon 03/27 12:07 PM
CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Home Depot U.S.A., Inc. (FILED IN STATE COURT ON 11/3/2022 SUBMITTED ATTACHED EXHIBIT A)(ghap) |
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answer
Answer to Complaint (Discovery)
Mon 03/27 12:11 PM
CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Midea America Corp. (FILED IN STATE COURT ON 11/16/2022 SUBMITTED ATTACHED EXHIBIT A)(ghap) |
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answer
Answer to Complaint (Discovery)
Mon 03/27 12:14 PM
CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant Toshiba Logistics America, Inc. (FILED IN STATE COURT ON 11/17/2022 SUBMITTED ATTACHED EXHIBIT A)(ghap) |
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Amended Complaint
Mon 03/27 12:29 PM
CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT amending Complaint - (Discovery), plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 1 and having discovered the true name of the defendant to be Midea Electric Trading (Singapore) Co., Pte. Ltd., a Singapore corporation, filed by plaintiffs C. M. P., Johnna Mike-Price, Durell Mike-Price. (FILED IN STATE ON 3/1/2023 SUBMITTED ATTACHED EXHIBIT G)(ghap) |
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