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Shawn Lester v. Ipc International Corp.; et al.

March 12, 2013

SHAWN LESTER PLAINTIFF,
v.
IPC INTERNATIONAL CORP.; ET AL. DEFENDANTS.



The opinion of the court was delivered by: Jesus G. Bernal United States District Judge

ORDER

Before the Court are (1) Plaintiff's Motion for Leave to File a First Amended Complaint ("Motion for Leave") (Doc. No. 14); (2) Plaintiff's Motion to Remand Case to Los Angeles Superior Court ("Motion to Remand") (Doc. No. 17); and (3) Defendants' Motion for Summary Judgment ("MSJ") (Doc. No. 13). After considering all papers submitted in support of and in opposition to the motions, and the arguments advanced by counsel at the March 11, 2013 hearing, the Court (1) DENIES Plaintiff's Motion for Leave; (2) DENIES Plaintiff's Motion to Remand; and (3) GRANTS Defendants' Motion for Summary Judgment.

I. BACKGROUND

A. Factual and Procedural Background

On May 15, 2009, Plaintiff Shawn Lester was assaulted and stabbed by a group of men in the parking lot of the Pike at Rainbow Harbor ("the Pike"), a retail and entertainment establishment located at 30 W. Shoreline Drive, Long Beach, California. (See Not. of Removal ("Not."), Ex. A ("Complaint") at 4 (Doc. No. 1).) Lester filed his Complaint in the California Superior Court for the County of Los Angeles on April 28, 2011, alleging claims for negligence and premises liability against IPC International Corp. ("IPC"); Oxford Property Mgmt.

Corp.;*fn1 Developers Diversified Realty Corp. ("DDRC"); and DOES 1 to 10. (See id.) Defendants IPC and DDRC timely removed the action to this Court on August 19, 2011. (Not.)

Defendants filed their MSJ on December 14, 2012 (Doc. No. 13), attaching

(1) Statement of Uncontroverted Facts ("SUF") (Doc. No. 13-2);

(2) Declaration of Litsa Georgantopoulos (Doc. No. 13-3), which attached

(A) Lester's Complaint (Ex. A);

(B) Defendants' Notice of Removal (Ex. B);

(C) the Court's March 1, 2012 Scheduling Order (Ex. C);

(D) June 6, 2012 Stipulation re Expert Discovery (Ex. D);

(E) Deposition of Shawn Lester (Ex. E);

(F) IPC's Interrogatories to Lester (Ex. F);

(G) DDRC's Interrogatories to Lester (Ex. G);

(H) Lester's Response to IPC's Interrogatories (Ex. H);

(I) Lester's Response to DDRC's Interrogatories (Ex. I);

(J) DDRC's Request for Production of Documents (Ex. J);

(K) Lester's Response to DDRC's Request for Production of Documents (Ex. K); and

(L) Lester's Response to IPC's Request for Production of Documents (Ex. J);

(3) Declaration of John Case (Doc. No. 13-4), which attached John ...


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