Kaler
ESA Management, LLC v. Kaler
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ESA MANAGEMENT, LLC, Case No.: 24-CV-01755-CAB-SBC
Plaintiff,
ORDER
v. [ECF No. 8] TIMOTHY KALER,
Defendant. 16 After the Court ordered remand, [ECF No. 7], Defendant Timothy Kaler filed a motion to stay that order pending appeal. [ECF No. 8.] As noted in the Court’s prior order, Defendant Kaler has removed his case three times, has had his case remanded each time, and has attempted two appeals that resulted in dismissals on jurisdictional grounds. See ESA Mgmt., LLC v. Kaler, No. 3:23-CV-01324-RBM-MMP, 2023 WL 4932088, at *3 (S.D. Cal. Aug. 2, 2023), appeal dismissed, No. 23-55694, 2023 WL 7401409 (9th Cir. Sept. 28, 2023) (“Kaler I”); ESA Mgmt., LLC v. Kaler, No. 3:24-CV-00175-RBM-MMP, 2024 WL 3542584, at *1 (S.D. Cal. June 5, 2024), appeal dismissed, No. 24-3590, 2024 WL 3548314 (9th Cir. June 20, 2024) (“Kaler II”). This case has been remanded to the state court pursuant to 28 U.S.C. § 1447(c). As two appellate…