Juan Zavala et al v. Ford Motor Company
| Michael Colombo, Michael Layns, Rosa Linda Nava, Scott Macias, Darrin Poole, Jim Hawkins, Juan Zavala, Luis Estrada, Timothy M. Santillan, Jim Godby, Arnulfo Hurtado, Nathan J. Penland, Alfred E. Smithey, Catherine P Splonick, Debbi Pearson, Donald L. Biasco, Patrick S McInturff, Todd Bruce, Cindy Godby, Ismael Esquivel and Cario Kotoyganz for Quality Production Services, Inc. |
| Ford Motor Company |
| 2:2014cv03068 |
| April 22, 2014 |
| US District Court for the Central District of California |
| Andre Birotte |
| Margaret A Nagle |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 54
ORDER DISMISSING CIVIL ACTION by Judge Andre Birotte Jr.: THE COURT having been advised by counsel that the action has been settled #53 ; IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 60 days, to reopen the action if settlement is not consummated. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 53 NOTICE of Settlement Plaintiffs' Amended Notice of Settlement filed by plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Dalton, Richard) |
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Filing 52
MINUTES (IN CHAMBERS) Order re: Notice of Settlement by Judge Andre Birotte Jr.: On 12/21/2015, Plaintiffs filed a Notice of Settlement #51 . However, it is not clear whether Plaintiff Patrick S. MacInturff's claims are settled because although his name is included on the docket text accompanying the Notice, his name is not included on the Notice itself. Plaintiffs are therefore ORDERED to file either (1) an Amended Notice of Settlement including Patrick S. McInturff or (2) a Response showing cause why Patrick S. McInturff's claims should not be dismissed for failure to prosecute. Plaintiffs' Amended Notice of Settlement or Response must be filed by 1/4/2016. In light of the foregoing, the court hereby CONTINUES the Pretrial Conference to 1/11/2016 11:00 AM before Judge Andre Birotte Jr. Court Reporter: N/A. (gk)
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| Filing 51 NOTICE of Settlement Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Dalton, Richard) |
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Filing 50
MINUTES (IN CHAMBERS) Order to Show Cause re: Lack of Prosecution by Judge Andre Birotte Jr.: The Court notes that a trial remains on calendar for 1/26/2016, and that certain trial-related documents due on 12/14/2015 were not filed. If therefore appears that Plaintiffs do not expect to go to trial at this time. The court therefore ORDERS Plaintiffs to show cause why this action should not be dismissed for failure to prosecute. Plaintiffs' response must be filed no later than 12/22/2015. If appropriate, it should include a Proposed Order. Should Plaintiffs fail to respond by the deadline, the Court will dismiss the case without further notice for Plaintiffs' failure to prosecute and for failure to respond to a court order. Court Reporter: N/A. (gk)
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| Filing 49 NOTICE TO COUNSEL: Judge Andre Birotte Jr. is moving his Courtroom from the Roybal Federal Building to the Spring Street Courthouse, which is located at 312 N. Spring Street, Los Angeles, California 90012. Judge Andre Birotte Jr.s new Courtroom will be COURTROOM 4 of the SPRING STREET Courthouse. Effective February 2, 2015, all Court appearances shall be made in Courtroom 4 of the Spring Street Courthouse, and all required Mandatory Chambers Copies shall be hand-delivered and placed in the tray outside the door to Judge Birottes chambers at the Spring Street Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY |
| Filing 48 NOTICE of Change of Attorney Business or Contact Information: for attorney Mary Lynn Arens counsel for Defendant Ford Motor Company. Changing address and firm name to The Erskine Law Group PC, 26056 Acero, Mission Viejo, CA 92691. Changing email to marens@erskinelawgroup.com. Filed by Defendant Ford Motor Company. (Arens, Mary) |
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Filing 47
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/3/2015. (cb)
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Filing 46
ORDER RE JURY TRIAL by Judge Andre Birotte Jr: Final Pretrial Conference set for 1/4/2016 at 11:00 AM. Jury Trial set for 1/26/2016 08:30 AM before Judge Andre Birotte Jr. SEE ORDER FOR DETAILS. (cb)
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Filing 45
TEXT ONLY ENTRY: ORDER (IN CHAMBERS) by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the January 26, 2015 Scheduling Conference. Jury trial order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 44
ORDER; RESPONSE BY THE COURT TO NOTICE TOFILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS #43 by Clerk of Court that the document is accepted as filed. Other: The docket clerk is instructed to amend the docket text to reflect the name of the attached document (Rule 26 report). Any document filed incorrectly, in the future, will be stricken by the Court RE: Status Report #42 (bm)
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| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26(f) Report #42 . The following error(s) was found: Incorrect event selected. The correct event is: Pretrial and Trial Documents-Joint Report Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 42 Rule 26 report filed by Plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins. (Dalton, Richard) Modified on 1/20/2015 (bm). |
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Filing 41
ORDER by Judge Andre Birotte, Jr, re Stipulation to Continue #40 : Having reviewed the Joint stipulation Regarding Stipulation to Continue the December 22, 2014 scheduling conference, and good cause appearing therefor, the Court now orders as follows: 1. The December 22, 2014 scheduling conference will be continued until January 26, 2015 at 10:00 am. Counsel shall file the Joint Rule 26(f) Report, no later than, Friday, January 16, 2015. (bm)
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| Filing 40 STIPULATION to Continue Joint Stipulation to Continue Scheduling Conference from December 22, 2014 to January 26, 2015 filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order Proposed Order to Continue Scheduling Conference)(Arens, Mary) |
| Filing 39 ANSWERJURY DEMAND. Answer of Defendant Ford Motor Company to Plaintiffs' Fourth Amended Complaint filed by Defendant Ford Motor Company.(Arens, Mary) |
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Filing 37
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The Court, on its own motion, hereby CONTINUES the Scheduling Conference previously set for December 1, 2014 to Monday, December 22, 2014 at 10:00 AM before Judge Andre Birotte Jr. Counsel shall file the Joint Rule 26(f) Report, no later than, Friday, December 12, 2014. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
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Filing 38
MINUTES (IN CHAMBERS) ORDER DENYING Defendant's Motion to Dismiss as MOOT by Judge Andre Birotte, Jr denying #18 Motion to Dismiss: Pending before this Court is Defendant's motion to dismiss portions of the Third Amended Complaint ("TAC"). (Dkt. No. 18.) After Defendant filed its motion to dismiss, Plaintiffs filed a Fourth Amended Complaint by written agreement of all the parties pursuant to Federal Rule of Civil Procedure 15(a)(2). (Dkt. No. 34, 35.) Because "it is well-established that an amended complaint supersedes the original, the latter being treated thereafter as non-existent" (Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir. 2011) (internal quotes omitted), Defendant's motion to dismiss the now-inoperative TAC is MOOT. Accordingly, the Court DENIES Defendant's motion to dismiss the TAC. Pursuant to Federal Rule of Civil Procedure 78(b) and Local Rule 7-15, the Court finds this matter appropriate for determination without oral argument, and the hearing previously scheduled for December 1, 2014 at 10:00 a.m. is hereby VACATED. (bm)
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Filing 36
ORDER re Fourth Stip to Amend Complaint #35 by Judge Andre Birotte Jr. Having reviewed the Joint Stipulation Regarding Stipulation for Leave to File FourthAmended Complaint, and good cause appearing therefor, the Court now orders as follows: Plaintiffs' Fourth Amended Complaint shall be filed according to law. Defendant shall file its Responsive Pleadings within thirty (30) days from service of the Fourth Amended Complaint. Plaintiffs' Fourth Amended Complaint does not include a claim for violation of the Consumer Legal Remedies Act and therefore Ford's Motion to Dismiss this cause ofaction, filed on July 29, 2014, is hereby rendered moot. (cb)
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| Filing 35 Fourth STIPULATION to AMEND Amended Complaint, #16 , MOTION to Dismiss Count Four of the Third Amended Complaint Pursuant to FRCP 12b(6) #18 , Amended Complaint,, #33 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #34 filed by Plaintffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Attachments: #1 Proposed Order)(Dalton, Richard) |
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Filing 34
MINUTE ORDER IN CHAMBERS re Order to Show Cause why the Fourth Amended Complaint should not be Stricken by Judge Andre Birotte, Jr: On November 17, 2014, Plaintiffs' filed a Fourth Amended Complaint, (docket entry 33). The Court ORDERS Plaintiffs' to Show Cause by Friday, November 21, 2014, why the Fourth Amended Complaint should not be stricken for failure to comply with Federal Rule of Civil Procedure 15(b)(a)(2) by either: (1) submitting a written stipulation signed by all parties to file the Fourth Amended complaint, or (2) seeking leave of the court to file the Fourth Amended Complaint. (bm)
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| Filing 33 Fourth AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint, #16 , filed by Plaintiffs Debbi Pearson, Scott Macias, Nathan J. Penland, Rosa Linda Nava, Michael Layns, Juan Zavala, Cindy Godby, Alfred E. Smithey, Ismael Esquivel, Timothy M. Santillan, Jim Hawkins, Luis Estrada, Darrin Poole, Todd Bruce, Michael Colombo, Arnulfo Hurtado, Catherine P Splonick, Patrick S McInturff, Jim Godby, Donald L. Biasco, Cario Kotoyganz for Quality Production Services, Inc. (Attachments: #1 Exhibit)(Dalton, Richard) |
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Filing 32
TEXT ONLY ENTRY (ORDER) IN CHAMBERS by Judge Andre Birotte Jr.: The Court, on its own motion, hereby CONTINUES the Scheduling Conference previously set for November 3, 2014 to Monday, December 1, 2014 at 10:00 AM before Judge Andre Birotte Jr., to be held along with the Motion to Dismiss #18 . IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
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Filing 31
ORDER by Judge Andre Birotte, Jr. Having reviewed the Joint Stipulation Regarding Continuance of the Hearing on the Motion to Dismiss, and good cause appearing therefor, the Court now orders as follows: The Hearing will be continued until December 1, 2014; at 10:00 a.m. Plaintiffs shall file their opposition to Defendant's Motions to Dismiss on or before November 17, 2014; and Defendant shall file its reply in support of the Motions to Dismiss on or before November 24, 2014.,, The deadlines and hearings originally scheduled have been rescheduled( Motion set for hearing on 12/1/2014 at 10:00 AM before Judge Andre Birotte Jr.) (bp)
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| Filing 30 Joint STIPULATION to Continue Hearing from October 27, 2014 to December 1, 2014 Re: Order,,, Set/Reset Motion Hearing and R&R Deadlines,, #29 filed by Plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Attachments: #1 Proposed Order)(Dalton, Richard) |
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Filing 29
ORDER by Judge Andre Birotte, Jr, re Stipulation for Extension of Time to File Response/Reply #28 : NOTE: Changes made by the court. Having reviewed the Joint Stipulation to Extend Plaintiff's Time to Respond to Defendant's Motion to Dismiss, and good cause appearing therefor, the Court now orders as follows: 1. Plaintiffs shall file their opposition to Defendant's Motions to Dismiss on or before October 6, 2014. 2. Defendants shall file its reply in support of the Motions to Dismiss on or before October 13, 2014. (bm)
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| Filing 28 Joint STIPULATION for Extension of Time to File as to Order,,, Set/Reset Motion Hearing and R&R Deadlines,, #27 filed by Plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Attachments: #1 Proposed Order)(Dalton, Richard) |
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Filing 27
ORDER by Judge Andre Birotte, Jr, re Stipulation to Continue #26 : Having reviewed the Joint Stipulation Regarding Continuance of the Hearing on the Motion to Dismiss Count Four of the Third Amended Complaint, and good cause appearing therefor, the Court now orders as follows: 1. The Hearing will be continued until October 27, 2014. 2. Plaintiffs shall file their opposition to Defendant's Motions to Dismiss on or before September 15, 2014; and 3. Defendant shall file its reply in support of the Motions to Dismiss on or before September 22, 2014. (bm)
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| Filing 26 First STIPULATION to Continue Motion to Dismiss from September 8, 2014 to Ocotber 6, 2014 Re: MOTION to Dismiss Count Four of the Third Amended Complaint Pursuant to FRCP 12b(6) #18 filed by Plaintiff Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. (Attachments: #1 Proposed Order)(Dalton, Richard) |
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Filing 25
ORDER GRANTING Motion for Extension of Time to File #22 , by Judge Andre Birotte, Jr. SEE ORDER FOR DETAILS. (cb)
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Extension of Time #22 , [Proposed] Order #23 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion should not be noticed for court hearing, since these types of motion are ruled on by submission #22 . Docket entry text does not match caption of attached document. Incorrect event selected. Correct event to be used is Notices-Notice of Lodging, with the separate, additional attachment of the [proposed] order #23 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 23 PROPOSED ORDER RE NOTICE OF MOTION AND MOTION for Order for Grant an Extension to File Reponse filed by Plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. Motion set for hearing on 9/8/2014 at 10:00 AM before Judge Audrey B. Collins. (Dalton, Richard) Modified on 8/21/2014 (cb). |
| Filing 22 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to Motion to Dismiss Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Patrick S McInturff, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala. Motion set for hearing on 9/8/2014 at 10:00 AM before Judge Audrey B. Collins. (Dalton, Richard) |
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Filing 21
ORDER OF THE CHIEF JUDGE (#14-035) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Andre Birotte, Jr., this case is transferred from Judge Audrey B. Collins to the calendar of Judge Andre Birotte, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:14-cv-3068 AB(MANx). (esa)
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Audrey B. Collins. Scheduling Conference set for 11/3/2014 10:00 AM before Judge Audrey B. Collins. (ab)
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| Filing 19 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Count Four of the Third Amended Complaint Pursuant to FRCP 12b(6) #18 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit A)(Arens, Mary) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Count Four of the Third Amended Complaint Pursuant to FRCP 12b(6) filed by Defendant Ford Motor Company. Motion set for hearing on 9/8/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Memorandum Of Points and Authorities in Support of Ford Motor Company's Motion to Dismiss Count Four of the Third Amended Complaint Pursuant to FRCP12b(6))(Arens, Mary) |
| Filing 17 OF SERVICE filed by Plaintiffs Donald L. Biasco, Todd Bruce, Cario Kotoyganz for Quality Production Services, Inc., Michael Colombo, Ismael Esquivel, Luis Estrada, Cindy Godby, Jim Godby, Jim Hawkins, Arnulfo Hurtado, Michael Layns, Scott Macias, Rosa Linda Nava, Debbi Pearson, Nathan J. Penland, Darrin Poole, Timothy M. Santillan, Alfred E. Smithey, Catherine P Splonick, Juan Zavala, re Amended Complaint, #16 served on July 15, 2014. (Dalton, Richard) |
| Filing 16 THIRD AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint #7 , Complaint (Attorney Civil Case Opening) #1 , Amended Complaint #10 , filed by Plaintiffs Cindy Godby, Ismael Esquivel, Luis Estrada, Todd Bruce, Michael Colombo, Jim Godby, Donald L. Biasco, Cario Kotoyganz for Quality Production Services, Inc. (Dalton, Richard) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to File Third Amended Complaint #14 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 14 First STIPULATION for Leave to File Third Amended Complaint filed by Defendant Ford Motor Company.(Arens, Mary) |
| Filing 13 First STIPULATION Extending Time to Answer the complaint as to Ford Motor Company answer now due 7/3/2014, filed by Defendant Ford Motor Company.(Attorney Mary Lynn Arens added to party Ford Motor Company(pty:dft))(Arens, Mary) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second Amended Complaint #10 , Response to Order to Show Cause #11 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Caption of Second Amended Complaint does not indicate all plaintiffs #10 . Incorrect event selected, Correct event to be used is Miscellaneous Filings (Non-Motion)-Response (non-motion), and should be linked back to the Order to Show Cause minutes #11 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 11 OPPOSITION filed by Plaintiff Juan Zavala. (Dalton, Richard) |
| Filing 10 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint #7 , Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Juan Zavala (Dalton, Richard) |
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Filing 9
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION by Judge Audrey B. Collins: In this action, twenty individual Plaintiffs assert breach of warranty and related claims arising out of an alleged defect in certain engines in vehicle manufactured by Defendant. Plaintiffs invoke the Court's diversity jurisdiction. However, it appears that Plaintiffs have aggregated all of their claims for purposes of satisfying the amount-in-controversy. This violates the anti-aggregation rule, pursuant to which plaintiffs cannot aggregate claims for separate and distinct injuries for purposes of satisfying the amount-in-controversy. See Gibson v. Chrysler Corp., 261 F.3d 927, 943-944 (9th Cir.2001) In light of the foregoing, the Court ORDERS Plaintiffs to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs' Response to this Order shall be in writing, and shall be filed no later than Monday, May 12, 2014. Defendant may file a Reply to Plaintiffs' Response within one week thereafter, or no later than Monday, May 19, 2014. (bp)
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Filing 8
CIVIL CASE MANAGEMENT ORDER upon filing of the complaint by Judge Audrey B. Collins.(SEE DOCUMENT FOR FURTHER DETAILS) (ab)
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| Filing 7 AMENDED COMPLAINT against Defendant Ford Motor Company All Plaintiffs amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Juan Zavala (Dalton, Richard) Modified on 4/28/2014 (lw). |
| Filing 6 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Dalton, Richard) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): (A) The summons caption must match the caption of the complaint. Attach an additional page showing all of the plaintiffs. After Juan Zavala, et al indicate "See Attached". (B) The Civil Cover Sheet should have been filed and docketed as a separate entry; no further action required. (esa) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Audrey B. Collins and Magistrate Judge Margaret A. Nagle. (esa) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Juan Zavala. (Dalton, Richard) |
| Filing 1 COMPLAINT Receipt No: 0973-13700908 - Fee: $400, filed by Plaintiff Juan Zavala. (Attachments: #1 Civil Cover Sheet)(Attorney Richard C Dalton added to party Juan Zavala(pty:pla))(Dalton, Richard) |
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