Hernandez v. Avis Budget Group, Inc. et al
| Hernandez and Edward Hernandez |
| Avis Budget Group, Inc, Avis Budget Group, Inc., Daphne Davis, Ford Motor Company, Inc., Asset Retrieval & Investigations, Inc. and Capital One Financial Corporation |
| 1:2017cv00211 |
| February 14, 2017 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Dale A Drozd |
| Erica P Grosjean |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.
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Filing 37
ORDER Re: Stipulated Request for Dismissal of Entire Action with Prejudice, signed by Magistrate Judge Erica P. Grosjean on 8/8/2019. CASE CLOSED(Martin-Gill, S)
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| SERVICE BY MAIL: #37 Order Dismissing Case, served on Edward Hernandez. (Martin-Gill, S) |
| Filing 36 STIPULATION - Joint Stipulation and Order for With Prejudice by Avis Budget Group, Inc.. (Powell, Hilliary) |
| SERVICE BY MAIL: 35 Settlement Conference minutes served on Edward Hernandez. (Rooney, M) |
| Filing 35 MINUTES (Text Only) for proceedings before Magistrate Judge Erica P. Grosjean: SETTLEMENT CONFERENCE held on 6/4/2019; CASE SETTLED under the terms and conditions as placed on the record. The Court ordered all pending deadlines and hearings vacated and dismissal documents due within sixty (60 days) of today's date. The Court will retain jurisdiction for purposes of enforcement of the settlement agreement. Pro Se Plaintiff Edward Hernandez present. Counsel Timothy Windham personally present and Third-Party Administrator Beth Kelly telephonically present on behalf of Defendant Avis Budget Group, Inc., Michael Lehman and Therese Montoya personally present on behalf of Defendant Asset Retrieval and Investigations, Inc., and Connie Tcheng personally present and Client Representative/Legal Specialist Jin-Li Richardson telephonically present on behalf of Defendant Capital One Financial Corporation. Court Reporter/CD Number: ECRO - Otilia Rosales. (Rooney, M) |
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Filing 34
ORDER GRANTING defendant Upay, Inc.'s, dba Asset Retrieval & Investigations, request for its corporate representative, David Westfere, to appear telephonically at the 6/4/2019 settlement conference. Order signed by Magistrate Judge Erica P. Grosjean on 5/20/2019. (Rooney, M)
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| SERVICE BY MAIL: #34 Order served on Edward Hernandez. (Rooney, M) |
| Filing 33 REQUEST FOR TELEPHONIC APPEARANCE at the 6/4/2019 Settlement Conference hearing by Asset Retrieval & Investigations, Inc.. (Lehman, Michael) |
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Filing 32
ORDER regarding settlement conference procedures and setting a Settlement Conference for 6/4/2019 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 5/15/2019. (Rooney, M)
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| SERVICE BY MAIL: #32 Order served on Edward Hernandez. (Rooney, M) |
| Filing 31 NOTICE of CHANGE of ADDRESS by Connie Y. Tcheng. (Attachments: #1 Proof of Service)(Tcheng, Connie) |
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Filing 30
ORDER Directing the Clerk of the Court to Terminate Defendant Ford Motor Company, Inc. signed by Magistrate Judge Erica P. Grosjean on 12/10/2018. (Jessen, A)
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| SERVICE BY MAIL: #30 Order served on Edward Hernandez. (Jessen, A) |
| Filing 29 NOTICE of DISMISSAL Regarding Ford Motor Company by Edward Hernandez. (Hellings, J) |
| Filing 28 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 11/20/2018. #10 #11 Motions to Dismiss argued, submitted and taken under submission. Written order will issue. Plaintiff Edward Hernandez, in Pro Se, telephonically present. Defendants' Counsel Hillary Powell and Joan Camagong telephonically present. Michael Lehman personally present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) |
| Filing 27 NOTICE OF INTERESTED PARTIES by Capital One Financial Corporation. (Attachments: #1 Proof of Service)(Tcheng, Connie) |
| Filing 26 ANSWER by Capital One Financial Corporation. Attorney Tcheng, Connie Y. added. (Attachments: #1 Proof of Service)(Tcheng, Connie) |
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Filing 25
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 11/15/2018; the #10 and #11 Motions to Dismiss on calendar 11/20/2018, WILL BE HEARD at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
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| SERVICE BY MAIL: 25 Minute Order served on Edward Hernandez. (Thorp, J) |
| Filing 24 REPLY by Avis Budget Group, Inc. re #11 MOTION to DISMISS. (Powell, Hilliary) |
| Filing 23 CERTIFICATE of SERVICE by Ford Motor Company, Inc. re #22 Stipulation. (Camagong, Joan) |
| Filing 22 STIPULATION re #5 Amended Complaint to Extend Time by 28 Days for Ford to Respond to Complaint by Ford Motor Company, Inc.. Attorney Camagong, Joan R. added. (Camagong, Joan) |
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Filing 21
ORDER Denying #15 Motion for Default Judgment, signed by Magistrate Judge Erica P. Grosjean on 11/1/18. (Gonzalez, R)
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| SERVICE BY MAIL: #21 Order on Motion for Default Judgment served on Edward Hernandez. (Gonzalez, R) |
| Filing 20 SUMMONS RETURNED EXECUTED: Avis Budget Group, Inc. served on 10/3/2018, answer due 10/24/2018. (Gonzalez, R) |
| Filing 19 SUMMONS RETURNED EXECUTED: Ford Motor Company, Inc. served on 10/26/2018, answer due 11/16/2018. (Gonzalez, R) |
| Filing 18 REQUEST for JUDICIAL NOTICE by Edward Hernandez in re #16 Opposition to Motion. (Gonzalez, R) |
| Filing 17 DECLARATION of Edward Hernandez in support of #15 MOTION for DEFAULT JUDGMENT. (Gonzalez, R) |
| Filing 16 OPPOSITION by Edward Hernandez to #11 MOTION to DISMISS, #10 MOTION to DISMISS. (Gonzalez, R) |
| Filing 15 MOTION for DEFAULT JUDGMENT Against Defendant Asset Retrieval & Investigations, Inc., by Edward Hernandez. (Gonzalez, R) |
| Filing 14 SUMMONS RETURNED EXECUTED: Capital One Financial Corporation served on 10/12/2018, answer due 11/2/2018. (Lundstrom, T) |
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Filing 13
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 10/10/2018. The hearing on defendant Asset Retrieval & Investigations, Inc.'s #10 motion to dismiss previously set for 11/6/2018, is CONTINUED to 11/20/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)
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| SERVICE BY MAIL: 13 Minute Order served on Edward Hernandez. (Thorp, J) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Defendant Avis Budget Group, Inc.. (Powell, Hilliary) |
| Filing 11 MOTION to DISMISS by Avis Budget Group, Inc.. Attorney Powell, Hilliary B. added. Motion Hearing set for 11/20/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Powell, Hilliary) |
| Filing 10 MOTION to DISMISS by Asset Retrieval & Investigations, Inc.. Attorney Lehman, Michael E added. Motion Hearing set for 11/6/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Lehman, Michael) |
| Filing 9 WAIVER of SERVICE RETURNED EXECUTED: Asset Retrieval & Investigations, Inc. Waiver sent on 8/8/2018, answer due 10/9/2018. (Gonzalez, R) |
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Filing 8
ORDER DIRECTING SERVICE by the United States Marshal Service Without Prepayment of Costs signed by Magistrate Judge Erica P. Grosjean on 8/7/2018. Service Deadline set for 11/9/2018. (Jessen, A)
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| SERVICE BY MAIL: #8 Order Directing Service by USM served on Edward Hernandez. (Jessen, A) |
| Filing 7 NOTICE OF SUBMISSION OF DOCUMENTS: 5 Summonses, 5 USM-285 Forms, and 6 copies of the First Amended Complaint by Edward Hernandez. (Jessen, A) |
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Filing 6
SCREENING ORDER, Order finding service of #5 Complaint appropriate and forwarding service documents to Plaintiff ORDER signed by Magistrate Judge Erica P. Grosjean on 6/11/2018. (Filing Deadline: 7/6/2018.) (Attachments: #1 USM Instructions)(Lundstrom, T)
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| SERVICE BY MAIL: #6 Order and service documents served on Edward Hernandez. (Lundstrom, T) |
| Filing 5 FIRST AMENDED COMPLAINT by Edward Hernandez.(Sant Agata, S) |
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Filing 4
ORDER finding cognizable claims and directing plaintiff to do the following: 1) Within thirty (30) days from the date of service of this order, Plaintiff shall either: a) File a First Amended Complaint, which the Court will screen in due course; b) Notify the Court in writing that he does not wish to file an amended complaint and is instead willing to proceed only on the claims found cognizable by this order; or c) Notify the Court in writing that he does not agree to go forward on only the claims found cognizable by this order or file an amended complaint, in which case the Court will recommend the conclusions of this order to the District Judge. 2) Should Plaintiff choose to amend the complaint, Plaintiff shall caption the amended complaint "First Amended Complaint" and refer to the case number 1:17-CV-00211-DAD-EPG; and, 3) Failure to comply with this order will result in the dismissal of this action. Order signed by Magistrate Judge Erica P. Grosjean on 12/14/2017. (Rooney, M)
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| SERVICE BY MAIL: #4 Order served on Edward Hernandez. (Rooney, M) |
| RE-SERVICE BY MAIL: #3 Order on Motion to Proceed in forma pauperis served on Edward Hernandez. (Martin-Gill, S) |
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Filing 3
ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 3/6/2017. Plaintiff's complaint will be screened in due course. (Jessen, A)
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| SERVICE BY MAIL: #3 Order on Motion to Proceed in forma pauperis served on Edward Hernandez. (Jessen, A) |
| APPLICATION TO PROCEED IFP filed - Action Required. (Lundstrom, T) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Edward Hernandez. (Sant Agata, S) |
| Filing 1 COMPLAINT against All Defendants by Edward Hernandez. (Attachments: #1 Civil Cover Sheet)(Sant Agata, S) |
| APPLICATION TO PROCEED IFP filed - Action Required. (Sant Agata, S) |
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