Nelson v. Bic USA Inc et al

Federal Civil Lawsuit California Southern District Court, Case No. 3:07-cv-02367-LAB-RBB
District Judge Larry Alan Burns, presiding
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District Judge Larry Alan Burns
Last Updated December 27, 2016 at 1:30 AM EST (9.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Donna R Nelson, Plaintiff

Represented by Del Mar Law Group, LLP

Name Phone Fax E-Mail
Space John H. Donboli +1 858 793 6244 +1 858 793 6005 jdonboli@delmarlawgroup.com
v.
No Logo Bic Usa Inc., Defendant

Represented by Gordon & Rees LLP

Name Phone Fax E-Mail
Space Kevin W. Alexander +1 415 986 5900 +1 415 986 8054 kalexander@grsm.com
Space Craig Mariam +1 619 696 6700 +1 619 696 7124 cmariam@gordonrees.com
Space Benjamin Taliaferro Morton +1 619 544 7248 +1 619 696 7124 bmorton@grsm.com
Space Richard R Spirra +1 619 696 6700 +1 619 696 7124 rspirra@gordonrees.com
No Logo DOES 1-100, inclusive, Defendant

Represented by Gordon & Rees LLP

Name Phone Fax E-Mail
Space Craig Mariam +1 619 696 6700 +1 619 696 7124 cmariam@gordonrees.com
Attributes
Office San Diego
Filed 12/18/2007
Jury Demand Defendant
Demand
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 1441 Petition for Removal
Jurisdiction Federal Question
Disposition
County San Diego
Terminated
Origin 2
Reopened None
Lead Case
Related Case
307-cv-01096-LAB-RBB
Other Court Case 37-2007-00081566-CU-BT-CTL[Superior Court of SD, California]
Def Custody Status
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Timeline
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Blank 45 Filed: 11/21/2008, Entered: None Court Filing
ORDER Granting 44 Joint Motion to Dismiss Action with Prejudice. Signed by Judge Larry Alan Burns on 11/21/08. (pdc)(av1). (Entered: 11/21/2008)
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Blank 44 Filed: 11/20/2008, Entered: None
Joint MOTION to Dismiss by Bic USA Inc. (Spirra, Richard) (pdc). (Entered: 11/20/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 11/7/2008, Entered: None Court Filing
MINUTE ORDER: The settlement conference on November 6, 2008, at 2:00 p.m. is vacated and reset for November 24, 2008, at 1:30 p.m. Signed by Magistrate Judge Ruben B. Brooks on 11/6/08. (pdc) (av1). (Entered: 11/07/2008)
Request RequestSpace LREF
Order on Motion to Vacate with OCR 42 Filed: 8/29/2008, Entered: 8/29/2008 Order on Motion to VacateCourt Filing
ORDER Granting [41] Joint Motion of All Parties to Take Defendant's [34] Motion to Dismiss Off Calendar: The hearing date of September 8, 2008 for defendant's motion to dismiss the claims on the ground that they are preempted by federal law, is vacated. Signed by Judge Larry Alan Burns on 8/29/08. (pdc) (av1).
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Motion to Vacate with OCR 41 Filed: 8/28/2008, Entered: 8/28/2008, Terminated: 8/29/2008 Motion to Vacate
Joint MOTION to Vacate Defendant's Motion to Dismiss Hearing to Permit Preparation of a Settlement Agreement and Submission of a Joint Motion to Dismiss by Bic USA Inc. (Spirra, Richard) Modified to correct text (pdc).
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Order on Motion to Continue with OCR 40 Filed: 8/22/2008, Entered: 8/22/2008 Order on Motion to ContinueCourt Filing
ORDER Granting [39] Joint Motion to Continue Dates for Filing and Opposing Class Certification Motion: Plaintiff's final day to file a motion for class certification shall be September 22, 2008. Defendant's final day to file its response in opposition to the motion for class certification shall be October 13, 2008. Plaintiff's final day to file a reply in support of the motion for class certification shall be October 27, 2008. Signed by Magistrate Judge Ruben B. Brooks on 8/21/08. (pdc)
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Motion to Continue with OCR 39 Filed: 8/20/2008, Entered: 8/20/2008, Terminated: 8/22/2008 Motion to Continue
Joint MOTION to Continue Dates Set for Filing and Opposing Class Certification Motion by Bic USA Inc. (Spirra, Richard) (pdc).
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Order on Motion for Extension of Time to File with OCR 38 Filed: 7/18/2008, Entered: 7/18/2008 Order on Motion for Extension of Time to FileCourt Filing
ORDER Granting [37] Joint Ex Parte Application to Continue Class Certification Motion Filing Dates: Plaintiff's final day to file a motion for class certification shall be August 25, 2008. Defendant's final day to file their response in opposition to the motion for class certification shall be September 15, 2008. Plaintiff's final day to file a reply motion in support of the motion for class certification shall be September 29, 2008. The "further settlement conference" shall be continued from October 9, 2008, at 2:00 p.m. to November 6, 2008, at 2:00 p.m. Signed by Magistrate Judge Ruben B. Brooks on 7/18/08. (pdc)
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Motion for Extension of Time with OCR 37 Filed: 7/16/2008, Entered: 7/16/2008, Terminated: 7/18/2008 Motion for Extension of Time
JOINT EX PARTE Application to Continue Class Certification Motion Filing Dates (Attachments: # (1) Declaration of John Donboli)(Spirra, Richard) Modified to change event and correct text. Atty emailed re wrong event used. (pdc).
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Motion for Miscellaneous Relief with OCR 36 Filed: 7/7/2008, Entered: 7/7/2008, Terminated: 8/29/2008 Motion for Miscellaneous Relief
REQUEST for Judicial Notice in Support of [34] MOTION to Dismiss, by Bic USA Inc (Spirra, Richard) Modified to correct event and text. Atty emailed re duplicate filing of exhibits and s/. (pdc).
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~Notice (other) with OCR 35 Filed: 7/2/2008, Entered: 7/2/2008 ~Notice (other)
DUPLICATE FILING OF [34] - NOTICE by Bic USA Inc re [34] MOTION to Dismiss the First Amended Complaint and Motion (Spirra, Richard) Atty emailed re duplicate filing. (pdc).
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Motion to Dismiss with OCR 34 Filed: 7/2/2008, Entered: 7/2/2008, Terminated: 8/29/2008 Motion to Dismiss
MOTION to Dismiss the First Amended Complaint by Bic USA Inc. (Attachments: # (1) Memo of Points and Authorities, # (2) Notice of Lodgment of Exhibits)(Spirra, Richard) (pdc).
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Order on Motion to Continue with OCR 33 Filed: 6/5/2008, Entered: 6/6/2008 Order on Motion to ContinueCourt Filing
ORDER Granting [30] Joint Motion Of All Parties to Continue Litigation Dates Set Forth in Case Management Conference Order as Modified by the Court. Signed by Magistrate Judge Ruben B. Brooks on 6/5/08. (pdc) (av1).
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Amended Complaint with OCR 32 Filed: 6/2/2008, Entered: 6/2/2008 Amended Complaint
AMENDED COMPLAINT with Jury Demand against all defendants, filed by Donna R Nelson. (Attachments: # (1) Proof of Service)(Donboli, John) (pdc).
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Order on Motion For Leave to File. with OCR 31 Filed: 5/29/2008, Entered: 5/29/2008 Order on Motion For Leave to File.Court Filing
ORDER granting [29] Joint Motion for Leave to File First Amended Complaint: Plaintiff shall file her First Amended Complaint within one week of the date this Order is entered. Defendant shall have 30 days from the date the First Amended Complaint is served within which to file its responsive pleading. Signed by Judge Larry Alan Burns on 5/28/08. (pdc) (kaj).
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Motion to Continue with OCR 30 Filed: 5/14/2008, Entered: 5/14/2008, Terminated: 6/5/2008 Motion to Continue
Joint MOTION to Continue Litigation Dates Set Forth in Case Management Conference Order by Donna R Nelson. (Attachments: # (1) Proof of Service)(Donboli, John) (pdc).
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Motion for Leave to File with OCR 29 Filed: 5/14/2008, Entered: 5/14/2008, Terminated: 5/29/2008 Motion for Leave to File
Joint MOTION for Leave to File Amended Complaint by Donna R Nelson. (Attachments: # (1) Proof of Service)(Donboli, John) (pdc).
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Order on Motion to Continue with OCR 28 Filed: 4/2/2008, Entered: 4/2/2008 Order on Motion to ContinueCourt Filing
ORDER granting [26] Joint Motion of all Parties to Continue Rule 26(A) Initial Disclosure Deadline. Parties shall comply with Rule 26(a)(l)(A-D) mandatory initial disclosures on or before April 21, 2008. Signed by Judge Ruben B. Brooks on 4/2/08. (pdc)(av1, ).
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Order on Motion to Remand to State Court with OCR 27 Filed: 4/1/2008, Entered: 4/2/2008 Order on Motion to Remand to State CourtCourt Filing
ORDER denying [14] and [15] Motion to Remand. The court finds it may exercise subject matter jurisdiction over this, and removal was proper. Signed by Judge Larry Alan Burns on 4/1/08. (pdc) (av1, ).
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Motion to Continue with OCR 26 Filed: 3/28/2008, Entered: 3/28/2008, Terminated: 4/2/2008 Motion to Continue
Joint MOTION to Continue Rule 26 (A) Initial Disclosure Deadline by Bic USA Inc. (Attachments: # (1) Proof of Service)(Spirra, Richard) (pdc).
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Order on Motion to Continue with OCR 25 Filed: 3/11/2008, Entered: 3/11/2008 Order on Motion to ContinueCourt Filing
ORDER granting [24] Joint Motion to Continue Rule 26(a) Initial Disclosure Deadline. It is ordered that the parties shall comply with Rule 26(a)(1)(A-D) mandatory initial disclosures on or before March 31, 2008. Signed by Judge Ruben B. Brooks on 3/11/2008. (pdc) (kaj).
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Motion to Continue with OCR 24 Filed: 3/10/2008, Entered: 3/10/2008, Terminated: 3/11/2008 Motion to Continue
Joint MOTION to Continue Rule 26(a) Initial Disclosures Deadline by Bic USA Inc. (Mariam, Craig)(pdc).
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Motions Submitted with OCR 23 Filed: 2/26/2008, Entered: 2/26/2008 Motions Submitted
Minute Entry: The Court finds the issues presented in [14] Plaintiff's MOTION to Remand to State Court appropriate for decision on the papers and without oral argument. The hearing presently scheduled for 3/3/08 is off calendar and the matter is under submission. (vrp)
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Reply to Response to Motion with OCR 22 Filed: 2/25/2008, Entered: 2/25/2008 Reply to Response to Motion
REPLY to Response to Motion re [14] MOTION to Remand to State Court Notice of Motion filed by Donna R Nelson. (Attachments: # (1) Evidentiary Objections to Declaration of Steve Milkey# (2) Proof of Service Proof of Service)(Donboli, John) (vrp).
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Response in Opposition to Motion with OCR 21 Filed: 2/14/2008, Entered: 2/14/2008 Response in Opposition to Motion
RESPONSE in Opposition re [15] MOTION to Remand to State Court For Lack of Subject Matter Jurisdiction, [14] MOTION to Remand to State Court Notice of Motion filed by Bic USA Inc, DOES 1-100, inclusive. (Attachments: # (1) Declaration of Steve Milkey in Support of Defendant BIC USA, Inc.'s Opposition to Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction# (2) Evidentiary Objections to Declaration of Kevin T. Levine in Support of BIC USA, Inc.'s Opposition to Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction# (3) Proof of Service)(Mariam, Craig) (leh)
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Early Neutral Evaluation Conference with OCR 20 Filed: 2/1/2008, Entered: 2/4/2008 Early Neutral Evaluation ConferenceCourt Filing
Minute Entry for proceedings held before Judge Ruben B. Brooks : Early Neutral Evaluation Conference and Case Management Conference held on 2/1/2008. A Settlement Conference is set for 6/26/08 at 2:00PM before Magistrate Judge Ruben B. Brooks.(Plaintiff Attorney John Donboli).(Defendant Attorney Kevin Alexander, Manuel Saldana). (vrp)
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Order with OCR 19 Filed: 2/1/2008, Entered: 2/1/2008 OrderCourt Filing
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference. On 2/1/08, the Court held an Early Neutral Evaluation Conference. A Settlement Conference is set for 6/26/2008 at 2:00 PM in Courtroom B before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 2/1/08. (vrp)
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Order with OCR 18 Filed: 2/1/2008, Entered: 2/1/2008 OrderCourt Filing
ORDER: Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. A Case Management Conference was held on 2/1/08. A Final Pretrial Conference is set for 4/6/2009 at 11:45 AM in Courtroom 9 before Judge Larry Alan Burns.A Settlement Conference is set for 6/26/2008 at 2:00 PM in Courtroom B before Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 2/1/08. (vrp)
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Protective Order with OCR 17 Filed: 2/1/2008, Entered: 2/1/2008 Protective OrderCourt Filing
STIPULATED PROTECTIVE ORDER. Signed by Judge Ruben B. Brooks on 2/1/08. (vrp)
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Certificate Of Service. with OCR 16 Filed: 1/10/2008, Entered: 1/10/2008 Certificate Of Service.
CERTIFICATE OF SERVICE by Donna R Nelson re [15] MOTION to Remand to State Court For Lack of Subject Matter Jurisdiction (Donboli, John) (vrp).
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Motion to Remand to State Court with OCR 15 Filed: 1/9/2008, Entered: 1/9/2008, Terminated: 1/10/2008 Motion to Remand to State Court
MOTION to Remand to State Court For Lack of Subject Matter Jurisdiction by Donna R Nelson. (Attachments: # (1) Memo of Points and Authorities # (2) Declaration)(Donboli, John) Modified on 1/10/2008. See doc [14] for Notice of Motion. Atty contacted via email re: Proof of Service (vrp).
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Motion to Remand to State Court with OCR 14 Filed: 1/9/2008, Entered: 1/9/2008, Terminated: 4/1/2008 Motion to Remand to State Court
MOTION to Remand to State Court Notice of Motion by Donna R Nelson. (Donboli, John) Modified on 1/10/2008. See doc [15] for supporting documents to this motion. Atty contacted via email re: filing attachments and missing Proof of Service (vrp).
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Order with OCR 13 Filed: 1/8/2008, Entered: 1/8/2008 OrderCourt Filing
NOTICE AND ORDER for Early Neutral Evaluation set for 2/1/2008 at 8:30 AM in Courtroom B before Magistrate Judge Ruben B. Brooks. Signed by Judge Rudi M. Brewster on 1/8/08. (vrp)
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Motion for Protective Order with OCR 12 Filed: 1/8/2008, Entered: 1/8/2008, Terminated: 2/1/2008 Motion for Protective Order
Joint MOTION for Protective Order by Bic USA Inc, DOES 1-100, inclusive. (Mariam, Craig) Modified on 1/9/2008. Contacted atty via email re: filing Proposed Orders (vrp).
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Order Reassigning Case with OCR 11 Filed: 1/3/2008, Entered: 1/3/2008 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE Pursuant to Low Number Rule. Case reassigned to Judge Larry Alan Burns and Magistrate Judge Ruben B. Brooks for all further proceedings. Judge Irma E. Gonzalez, Magistrate Judge Barbara Lynn Major no longer assigned to case. Signed by Judge Irma E. Gonzalez on 1/3/2008 and Signed by Judge Larry A. Burns on 12/27/2007. New Case Number: 07cv2367-LAB(RBB). (jah)
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Notice of Appearance with OCR 10 Filed: 12/31/2007, Entered: 12/31/2007 Notice of Appearance
NOTICE of Appearance by Benjamin Taliaferro Morton on behalf of Bic USA Inc (Morton, Benjamin). Modified on 1/2/2008 - Proof of Service electronically signed by staff member. Email sent to Atty (jah).
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Order with OCR 9 Filed: 12/28/2007, Entered: 12/28/2007 OrderCourt Filing
NOTICE AND ORDER Setting ENE Conference. Telephonic, Attys-Only Early Neutral Evaluation Conference set for 2/4/2008 01:30 PM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 12/28/2007. (jah)
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Answer with OCR 8 Filed: 12/26/2007, Entered: 12/26/2007 Answer
ANSWER to Complaint with Jury Demand by Bic USA Inc, DOES 1-100, inclusive.(Mariam, Craig)
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Certificate Of Service. with OCR 3 Filed: 12/19/2007, Entered: 12/19/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by Bic USA Inc, DOES 1-100, inclusive re [2] Notice of Appearance (Mariam, Craig). (jah).
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Certificate Of Service. with OCR 7 Filed: 12/18/2007, Entered: 12/19/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by Bic USA Inc re [5] Notice of Party With Financial Interest, [4] Declaration, [1] Notice of Removal, [6] Notice of Related Case. (jah) Additional attachment(s) added on 12/19/2007 (jah). Modified on 12/19/2007 - Corrected image (jah).
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Notice of Related Case with OCR 6 Filed: 12/18/2007, Entered: 12/19/2007 Notice of Related Case
NOTICE by Bic USA Inc of Related Case(s): 07cv1096-LAB(RBB). Low-Number Transfer Order prepared and forwarded. (jah)
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Notice of Party With Financial Interest with OCR 5 Filed: 12/18/2007, Entered: 12/19/2007 Notice of Party With Financial Interest
NOTICE of Potentially Interested Parties by Bic USA Inc. (jah)
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Declaration with OCR 4 Filed: 12/18/2007, Entered: 12/19/2007 Declaration
DECLARATION of Steve Milkey re [1] Notice of Removal by Defendant Bic USA Inc. (jah)
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Notice of Appearance with OCR 2 Filed: 12/18/2007, Entered: 12/18/2007 Notice of Appearance
NOTICE of Appearance by Craig J Mariam on behalf of Bic USA Inc (Mariam, Craig). Modified on 12/19/2007 - Missing Proof of Service. Email sent to Atty (jah).
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Notice of Removal with OCR 1 Filed: 12/18/2007, Entered: 12/18/2007 Notice of Removal
NOTICE OF REMOVAL together with Jury Demand as to Donna R Nelson from Superior Court of SD, California, case number 37-2007-00081566-CU-BT-CTL. ( Filing fee $ 350 Receipt number 145664), filed by Bic USA Inc.(cap)(bar ).
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