| Court: | cacd |
| Docket #: | 2:09-cv-03984 |
| Case Name: | Laura Ann DeCrescenzo v. Church of Scientology International et al |
| PACER case #: | 446202 |
| Date filed: | 2009-06-04 |
| Date terminated: | 2009-11-05 |
| Date of last filing: | 2009-11-17 |
| Assigned to: | Judge George H. King |
| Referred to: | Magistrate Judge Charles F. Eick |
| Case Cause: | 28:1441 Notice of Removal - Labor/Mgmnt. Relations |
| Nature of Suit: | 790 Labor: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Laura Ann DeCrescenzo Plaintiff also known asLaura A. Dieckman |
Barry L VanSickle |
| Church of Scientology International Defendant a corporate entity |
Anthony J Oncidi George Samuel Cleaver Harold M Brody Kendrick L Moxon |
| DOES Defendant 1-20 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-06-04 | 1 | 0 | Notice of Removal | NOTICE OF REMOVAL from Superior Court State of CA County of Los Angeles, case number BC 411018 with CONFORMED copy of summons and complaint. Case assigned to Judge George H. King, Discovery to Magistrate Judge Charles F Eick. (Filing fee $ 350 PAID), filed by Defendant Church of Scientology International. [Conformed Copy of First Amended Complaint submitted attached Exhibit E to Notice of Removal](car) (Additional attachment(s) added on 6/10/2009: # 1 Exhibit, # 2 Civil Cover Sheet & Notice of Assignment) (ds). (Entered: 06/09/2009) | 2017-06-13 04:33:04 | 5d316876f507b87168a935bc26a4c57915abcccc |
| 1 | 1 | Exhibit | 2011-05-13 15:35:12 | 9bb2df4255af236f86e0c4d6f0178f2b38c98712 | ||
| 1 | 2 | Civil Cover Sheet & Notice of Assignment | ||||
| 2009-06-04 | 2 | 0 | Certificate/Notice of Interested Parties | NOTICE of Interested Parties filed by Defendant Church of Scientology International. (car) (ds). (Entered: 06/09/2009) | ||
| 2009-06-10 | 3 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Defendant Church of Scientology International, of Notice of served on June 5, 2009. (Oncidi, Anthony) (Entered: 06/10/2009) | ||
| 2009-06-11 | 4 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS Order to Show Cause held before Judge George H. King: The party seeking to establish jurisdiction bears the burden of proving such. Kokkonen, 511 U.S. at 377. Here, the Notice of Removal is insufficient to do so because Defendant has not addressed the issue noted above. Therefore, Defendant is ORDERED TO SHOW CAUSE, in writing, within TWELVE (12) DAYS, as to why this matter should not be remanded because this court lacks subject matter jurisdiction. If Plaintiff wishes to reply to Defendant's response, she must do so within SEVEN (7) DAYS thereafter. Defendant's failure to timely and adequately show cause as required herein shall be deemed Defendant's admission that this Court lacks subject matter jurisdiction. In that event, this action shall be remanded to the state court from whence it was removed for lack of subject matter jurisdiction. (see document for further details) (bm) (Entered: 06/11/2009) | ||
| 2009-06-11 | 5 | 0 | Motion to Dismiss (cause or other) | NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] filed by Defendant Church of Scientology International. Motion set for hearing on 8/10/2009 at 09:30 AM before Judge George H. King. (Brody, Harold) (Entered: 06/11/2009) | ||
| 2009-06-11 | 6 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support of MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] 5 filed by Defendant Church of Scientology International. (Brody, Harold) (Entered: 06/11/2009) | ||
| 2009-06-11 | 7 | 0 | Motion to Strike | NOTICE OF MOTION AND MOTION to Strike Portions of First Amended Complaint filed by Defendant Church of Scientology International. Motion set for hearing on 8/10/2009 at 09:30 AM before Judge George H. King. (Brody, Harold) (Entered: 06/11/2009) | ||
| 2009-06-11 | 8 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support of MOTION to Strike Portions of First Amended Complaint 7 filed by Defendant Church of Scientology International. (Brody, Harold) (Entered: 06/11/2009) | ||
| 2009-06-11 | 9 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event is attached to the docket entry. Event used is Proof of service, but attachment is Notice to counsel RE: Proof of Service (subsequent documents) 3 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir) (Entered: 06/11/2009) | ||
| 2009-06-11 | 10 | 0 | Notice of Document Discrepancies and Order - Rejecting | NOTICE OF DISCREPANCY AND ORDER: Proof of service received 6/5/09 is NOT to be filed, but instead REJECTED and is ORDERED returned to counsel. Denial based on General Order 08-02, document is designated for electronic filing by Judge George H. King (ir) (Entered: 06/12/2009) | ||
| 2009-06-19 | 11 | 0 | Response (non-motion) | RESPONSE filed by Defendant Church of Scientology Internationalto Minutes of In Chambers Order/Directive - no proceeding held,,, 4 Memorandum of Points and Authorities in Response to the Court's OSC re Remand (Brody, Harold) (Entered: 06/19/2009) | ||
| 2009-06-23 | 12 | 0 | Response By Court to Notice of Deficiencies (G-112B) | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Notice to Counsel (Proof of Service) filed 6/10/2009 3 . The document is stricken and counsel is ordered to file an amended or corrected document by no later than 6/29/2009. COUNSEL SHALL FILE PROPER PROOF OF SERVICE IN ACCORDANCE WITH THE LOCAL RULES. (gk) (Entered: 06/24/2009) | ||
| 2009-06-25 | 13 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Defendant Church of Scientology International, Notice of Assignment to United States Magistrate Judge for Discovery; Notice to Counsel; USDC, Central District of California Brochure on Clerk's Office Services for Attorneys and the General Public; USDC, Central District of California Civility and Professionalism Guidelines, served on June 25, 2009. (Oncidi, Anthony)**STRICKEN PURSUANT TO RESPONSE BY COURT FILED 06/30/09** Modified on 6/30/2009 (ir). (Entered: 06/25/2009) | ||
| 2009-06-29 | 14 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Proof of service does not indicate who was service and on what date documents were served. RE: Proof of Service (subsequent documents), Proof of Service (subsequent documents) 13 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir) (Entered: 06/29/2009) | ||
| 2009-06-30 | 15 | 0 | Response By Court to Notice of Deficiencies (G-112B) | RESPONSE BY THE COURT TO FILER OF DEFICIENCIES in Electronically filed documents: The document is stricken and counsel is ordered to file an amended or corrected document by no later than 7/6/09 RE: Proof of Service (subsequent documents) 13 (ir) (Entered: 06/30/2009) | ||
| 2009-07-06 | 16 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by defendant Church of Scientology International, Notice of Assignment to United States Magistrate Judge for Discovery; Notice to Counsel; USDC, Central District of California Brochure on Clerk's Office Services for Attorneys and the General Public; USDC, Central District of California Civility and Professionalism Guidelines served on June 5, 2009. (Oncidi, Anthony) (Entered: 07/06/2009) | ||
| 2009-07-27 | 17 | 0 | Objection/Opposition (Motion related) | OPPOSITION in opposition re: MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] 5 filed by Plaintiff Laura Ann DeCrescenzo. (Van Sickle, Barry) (Entered: 07/27/2009) | 2012-11-20 09:30:25 | b9fc1feab384f1cf70b56eedd4c5d83d72f86ea1 |
| 2009-07-27 | 18 | 0 | Objection/Opposition (Motion related) | OPPOSITION in opposition re: MOTION to Strike Portions of First Amended Complaint 7 filed by Plaintiff Laura Ann DeCrescenzo. (Van Sickle, Barry) (Entered: 07/27/2009) | ||
| 2009-08-03 | 19 | 0 | Response (non-motion) | RESPONSE filed by Defendant Church of Scientology International Supplemental Response to the Court's OSC Re Remand (Brody, Harold) (Entered: 08/03/2009) | ||
| 2009-08-03 | 20 | 0 | Reply (Motion related) | REPLY in support of MOTION to Strike Portions of First Amended Complaint 7 filed by Defendant Church of Scientology International. (Brody, Harold) (Entered: 08/03/2009) | ||
| 2009-08-03 | 21 | 0 | Reply (Motion related) | REPLY in support of MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] MOTION to Dismiss First Amended Complaint [Fed. R. Civ. Pr. 12(b)(6)] or in the Alternative, For A More Definite Statement [Fed. R. Civ. Pro. 12(e)] 5 filed by Defendant Church of Scientology International. (Brody, Harold) (Entered: 08/03/2009) | ||
| 2009-08-06 | 22 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER held before Judge George H. King: On the court's own motion, Defendant's Motion to Dismiss First Amended Complaint 5 , Motion to Strike Portions of First Amended Complaint 7 , noticed for hearing on August 10, 2009, is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm) (Entered: 08/07/2009) | ||
| 2009-08-07 | 23 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE held before Judge George H. King: Plaintiff is hereby ORDERED TO SHOW CAUSE in writing within twelve (12) days as to whether this court has jurisdiction to hear this case. The Motion to Dismiss and Motion to Strike Portions of the First Amended Complaint, scheduled for hearing on August 10, 2009 at 9:30 a.m., are hereby TAKEN OFF CALENDAR and STAYED pending resolution of this jurisdictional issue. (See attached document for further details.) (es) (Entered: 08/11/2009) | ||
| 2009-08-20 | 24 | 0 | Response (non-motion) | RESPONSE filed by Plaintiff Laura Ann DeCrescenzoto Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines, Terminate Deadlines and Hearings,,, 23 (Van Sickle, Barry) (Entered: 08/20/2009) | ||
| 2009-08-26 | 25 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES: (In Chambers) Order Discharging Order to Show Cause; On June 11, 2009, we issued an Order to Show Cause to Defendants regarding subject matterjurisdiction 4 . On August 6, 2009, we issued an Order to Show Cause to Plaintiff regarding subject matter jurisdiction 23 . The Parties have timely and adequately responded to our Orders. Accordingly, the Orders to Show Cause are hereby DISCHARGED IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 08/26/2009) | ||
| 2009-08-26 | 26 | 0 | Order | ORDER REGARDING CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir) (Entered: 08/27/2009) | ||
| 2009-11-05 | 27 | 0 | Order on Motion to Dismiss | MINUTES (IN CHAMBERS) ORDER by Judge George H. King granting 5 Defendant's Motion to Dismiss ; finding as moot 7 Motion to Strike: Accordingly, Plaintiff's federal forced labor claim under § 1595 is time-barred under the four-year statute of limitations provided by § 1658. The Motion to Dismiss the § 1595 claim is hereby GRANTED with prejudice and without further leave to amend inasmuch as Plaintiff has already attempted to allege equitable tolling and equitable estoppel which we have decided to be inapplicable here as a matter of law. As this is the only claim over which we have original jurisdiction, we hereby exercise our discretion to decline to entertain the remaining state law claims under 28 U.S.C. § 1367(c)(3). The remaining state law claims are all hereby REMANDED to the court from whence they were removed. Finally, Defendant's Motion to Strike is hereby DENIED as moot. (see document for further details) (bm) (Entered: 11/05/2009) | 2009-12-03 16:07:14 | 2fd0ca12ee4a82d573aaec57bc419686f4b0c870 |
| 2009-11-05 | 28 | 0 | Judgment | JUDGMENT by Judge George H. King, in favor of Church of Scientology International against Laura Ann DeCrescenzo: Pursuant to our November 5, 2009 Order, Plaintiff Laura DeCrescenzo's ("Plaintiff") federal forced labor claim under 18 U.S.C. § 1595 is DISMISSED with prejudice. Plaintiff's remaining state law claims are REMANDED pursuant to 28 U.S.C. § 1367(c)(3). (MD JS-6, Case Terminated). (Attachments: # 1 Letter CV-103-Letter of Transmittal-Remand to Superior Court) (bm) (Entered: 11/05/2009) | 2009-12-03 16:07:12 | 9394b27d0d0d424ab662f39e23ac0c6d9b5d041c |
| 28 | 1 | |||||
| 2009-11-17 | 29 | 0 | Receipt | RECEIPT of Letter of Transmittal regarding Remand received from Los Angeles County Superior Court (ir) (Entered: 11/19/2009) |