Ashley Baggett et al v. Marathon Products Inc et al

Filing 23

MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker (1) REQUIRING DEFENDANT MARATHON TO SHOW CAUSE, and (2) CONTINUING HEARING ON MARATHONS MOTION TO DISMISS (Doc. 15) FROM AUGUST 10, 2012, AT 2:30 P.M. TO OCTOBER 12, 2012, AT 2:30 P.M. Court orders Marathon to show cause in writing no later than August 13, 2012, as to the basis for this Courts jurisdiction. (db)

____________________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-724-JST (MLGx)
Title: Ashley Baggett, et al. v. Marathon Products, Inc., et al.

Date: July 30, 2012

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Ellen Matheson
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER (1) REQUIRING DEFENDANT
MARATHON TO SHOW CAUSE, and (2) CONTINUING
HEARING ON MARATHON’S MOTION TO DISMISS (Doc.
15) FROM AUGUST 10, 2012, AT 2:30 P.M. TO OCTOBER 12,
2012, AT 2:30 P.M.
On May 4, 2012, Defendant Federal Express Corporation (“Fed Ex”) removed this
action from Orange County Superior Court on the basis that Plaintiffs Ashley Baggett
and Mark Baggett’s (“Plaintiffs’”) breach of contract and breach of covenant of good
faith and fair dealing claims against Fed Ex are governed by the federal Carmack
Amendment, and Plaintiffs’ remaining state law claims are preempted by the Carmack
Amendment. (Notice of Removal at 3-4, Doc. 1.)
On July 16, 2012, Plaintiffs, and Defendants Marathon Products, Inc.
(“Marathon”) and Fed Ex, submitted a joint Rule 26(f) report, in which they indicated
that “Plaintiffs are in the process of filing a motion to dismiss Defendant Fed Ex from the
suit with prejudice . . . . Upon dismissal of Defendant Fed Ex, Plaintiff will be filing a
motion to remand this case . . . .” (Joint Report of Meeting at 4, Doc. 16.) The parties
further indicated that Marathon would not oppose a motion to remand. (Id.) On July 19,
2012, the Court dismissed Fed Ex pursuant to a stipulation between the parties. (Doc.
19.) Therefore, it appears that this Court no longer has subject matter jurisdiction in this
case. Accordingly, the Court orders Marathon to show cause in writing no later than
August 13, 2012, as to the basis for this Court’s jurisdiction.
Additionally, the hearing on Marathon’s Motion to Dismiss (Doc. 15) is
CONTINUED from August 10, 2012, at 2:30 p.m., to October 12, 2012, at 2:30 p.m.
Initials of Preparer: enm

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CIVIL MINUTES – GENERAL
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