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15-1172 - Schauf v. American Airlines, Inc.


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15-1172 - Schauf v. American Airlines, Inc.
September 24, 2015
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ORDER DENYING 3 Motion to Dismiss. Defendant's motion to dismiss the amended complaint under Rule 12(b)(5) is DENIED; Defendant's alternate motions to dismiss the amended complaint under Rules 12(b)(6) and 12(e) are DENIED without prejudice for lack of jurisdiction; Defendant's motion to strike the demand for attorney's fees is DENIED for lack of jurisdiction; Plaintiff is ORDERED to file proof of service of the summons and amended complaint upon Defendant by no later than December 2, 2015. Such proof of service must demonstrate that service was effectuated upon Defendant in accordance with California state law on or before November 25, 2015. Order signed by Magistrate Judge Sheila K. Oberto on 9/24/2015. (Timken, A)
January 11, 2016
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ORDER on Defendant's Motion to Dismiss 23. Defendant's motion to dismiss is GRANTED. Plaintiff's Amended Complaint is DISMISSED pursuant to Rule 12(b)(6), without prejudice and with leave to amend; Plaintiff's Demand for Attorneys' Fees is STRICKEN without prejudice and with leave to amend, when and only when Plaintiff retains an attorney to represent him in any further proceedings in this action; and Plaintiff may file a Second Amended Complaint within 60 days of the date of this order. The hearing on the Motion to Dismiss set for 1/20/2016, is VACATED. Order signed by Magistrate Judge Sheila K. Oberto on 1/8/2016. (Timken, A)
March 16, 2016
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ORDER that Plaintiff File a Written Statement Showing Cause Why Case Should Not Be Dismissed or that Plaintiff File an Amended Complaint. By no later than April 1, 2016, Plaintiff shall either a) file a written response to this Order to Show Cause; or b) file a second amended complaint. Failure to respond to this Order to Show Cause will result in dismissal of this action. Order signed by Magistrate Judge Sheila K. Oberto on 3/16/2016. (Timken, A)
April 5, 2016
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ORDER REGARDING Plaintiff's Request for Settlement Conference Extension; ORDER DENYING Plaintiff's Request for Extension of Time for Defendant to Respond to the Second Amended Complaint. Plaintiff's request for a continuance of the Scheduling Conference is GRANTED. The Scheduling Conference set for April 7, 2016, is CONTINUED to June 7, 2016, at 9:30 a.m., in Courtroom 7, before the Honorable Sheila K. Oberto. The parties shall file their joint scheduling report by no later than May 31, 2016. The parties shall coordinate with each other one conference call to the Court at (559) 499-5790 at the appointed time; and Plaintiff's request for an extension of time for Defendant to respond to the second amended complaint is DENIED. Order signed by Magistrate Judge Sheila K. Oberto on 4/5/2016. (Timken, A)
April 5, 2016
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ORDER DISCHARGING March 16, 2016, Order to Show Cause, 27. Order signed by Magistrate Judge Sheila K. Oberto on 4/5/2016. (Timken, A)
June 21, 2016
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ORDER GRANTING 34 Defendant's Motion to Dismiss the Second Amended Complaint and ORDER DISMISSING CASE With Prejudice and Without Leave to Amend signed by Magistrate Judge Sheila K. Oberto on 6/20/2016. CASE CLOSED. (Jessen, A)