Mariza Zamora v. Victoria's Secret Stores, LLC et al

Filing 43

MINUTES (In Chambers) ORDER TO SHOW CAUSE Regarding the Dismissal of Defendant Padin by Judge Kenly Kiya Kato. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why defendant Padin should not be dismissed. Plaintiff shall file a written response to this Order no later than seven days from the date of this Order. Failure to file a timely response will result in defendant Padin being dismissed from this action. (rolm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

SACV 23-01679-KK-DFMx

Date: August 29, 2024

Title: Mariza Zamora v. Victoria’s Secret Stores, LLC, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE
Noe Ponce

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE Regarding the Dismissal of
Defendant Padin

On August 3, 2023, plaintiff Mariza Zamora (“Plaintiff”) filed the operative First Amended
Complaint (“FAC”) asserting general negligence and premises liability claims against defendants
Victoria Secret Stores, LLC and Nicolette Padin (“Defendants”) in the Superior Court of California,
County of Orange. ECF Docket No. (“Dkt.”) 1-2. The claims in the FAC arise out of an alleged
incident on August 3, 2021, when a sign fell and hit Plaintiff while shopping at Defendants’ store,
“causing severe injuries.” Dkt. 1-1. On September 6, 2023, Defendants filed a Notice of Removal
asserting diversity jurisdiction. Dkt. 1.
In the Joint Case Management Statement, Plaintiff appeared to concede defendant Padin is
not a proper party because Padin was not present when the alleged incident occurred, nor had she
ever worked on the premises. 1 See dkt. 14 at 2. While Plaintiff stated she would “ascertain if
joinder is warranted” see id., to date, Plaintiff has neither dismissed defendant Padin nor filed an
update regarding whether defendant Padin is a proper party.
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1

The Court is not pleased that the parties have not filed a stipulation to dismiss Padin.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk NP

Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why defendant Padin should not
be dismissed. Plaintiff shall file a written response to this Order no later than seven days from
the date of this Order. Failure to file a timely response will result in defendant Padin being
dismissed from this action.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk NP