Guadalupe Castro et al v. Michelin North America, Inc. et al
| Guadalupe Castro, Enrique Castro, Adriana Castro, Jamie Castro, Ubaldo Castro, Ana Lilia Castro, Marcelo Castro, Gabriel Gutierrez, Y. G., J. C., Maria Ines Chaves-Pachardo and Armando Castro, Jr |
| Michelin North America, Inc. and General Motors LLC |
| 2:2010cv05481 |
| July 23, 2010 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Alicia G Rosenberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
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Filing 67
AMENDED ORDER GRANTING PETITION TO APPROVE COMPROMISE OF ACTION FOR MINOR Y.G. by Judge John A Kronstadt, re Order, #66 . The Court finds, that all notices required by law were given. The Court ORDERS the Petition is GRANTED, and the proposed compromise of claim is approved. The gross amount of the settlement in favor of the claimant is $217,925.00. Attorney fees assessed to minor, Y. G., in the total amount of $76,273.75 shall be made payable to Watts Guerra Craft LLP, and is hereby authorized to be paid out of minor Plaintiff Y.G.s proceeds of the settlement. Reimbursement of litigation expenses paid by the Petitioners attorneys in the amount of $26,379.12. Reimbursement to California Medicaid in the amount of $9,139.83. The balance of the settlement funds available for Y.G., after payment of the allowed fees, expenses, and medical liens is $106,132.31. (See order for further details_) (shb)
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Filing 66
AMENDED ORDER GRANTING PETITION TO APPROVE COMPROMISE OF PENDING ACTION FOR MINOR, J.C. by Judge John A Kronstadt, RE Stipulation to Amend/Correct, #64 , Stipulation to Amend/Correct, #65 . The Court ORDERS the Petition is GRANTED, and the proposed compromise of claim is approved. The gross amount of the settlement in favor of the claimant is $113,700.00. Attorney fees assessed to minor, J. C., in the total amount of $39,795.00 shall be made payable to Watts Guerra Craft LLP, and is hereby authorized to be paid out of minor Plaintiff J.C.s proceeds of the settlement. Reimbursement of litigation expenses paid by the Petitioners attorneys in the amount of $13,763.01. Reimbursement to Central Financial Control collection agency in the amount of $14,910.45. The balance of the settlement funds available for J.C., after payment of the allowed fees, expenses, and medical bills is $45,231.54. $5,705.38 Payable semi-annually for five (5) years guaranteed. Benefits commence 7/15/2018 (Age 18) with the last guaranteed payment on 1/15/2023 (Age 22) $57,054.oo Guaranteed Benefits, Tax-Free. (shb) Modified on 1/26/2012 (shb).
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| Filing 65 Joint STIPULATION to Amend Order,,, #63 filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Proposed Order Amended Order)(Wallis, Shalimar) |
| Filing 64 Joint STIPULATION to Amend Order,,, #62 filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Proposed Order Amended Order_YG)(Wallis, Shalimar) |
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Filing 63
ORDER GRANTING PETITION TO APPROVE COMPROMISE OF PENDING ACTION FOR MINOR, J.C. by Judge John A Kronstadt, re MOTION for Settlement Approval of Compromise of Pending Action for Minor, J.C. #57 . The Court ORDERS the Petition is GRANTED, and the proposed compromise of claim is approved. The gross amount of the settlement in favor of the claimant is $113,700.00. Attorney fees assessed to minor, J. C., in the total amount of $39,795.00. Reimbursement of litigation expenses paid by the Petitioners attorneys in the amount of $13,763.01. Reimbursement to Central Financial Control collection agency in the amount of $14,910.45. The balance of the settlement funds available for J.C., after payment of the allowed fees, expenses, and medical bills is $45,231.54. (See order for details) (shb) Modified on 12/16/2011 (shb).
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Filing 62
ORDER GRANTING PETITION TO APPROVE COMPROMISE OF PENDING ACTION FOR MINOR, Y.G. by Judge John A Kronstadt, re MOTION for Settlement Approval of Compromise of Pending Action for Minor, Y.G. #58 . The Court ORDERS the Petition is GRANTED, and the proposed compromise of claim is approved. The gross amount of the settlement in favor of the claimant is $217,925.00. Attorney fees assessed to minor, Y. G., in the total amount of $76,273.75. Reimbursement of litigation expenses paid by the Petitioners attorneys in the amount of $26,379.12. Reimbursement to California Medicaid in the amount of $9,139.83. The balance of the settlement funds available for Y.G., after payment ofthe allowed fees, expenses, and medical liens is $106,132.31. (See order for further details) (shb)
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| Filing 61 MINUTES OF PLAINTIFFS MOTION TO GRANT PETITION TO APPROVE COMPROMISE OFPENDING ACTION FOR MINOR J.C. (Dkt. 57) and PLAINTIFFS MOTION TO GRANT PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF MINOR Y.G. (Dkt. 58)granting #57 . Motion for Settlement; granting #58 Motion for Settlement; Motion Hearing held before Judge John A Kronstadt: The motion hearing is held. Also present are Plaintiffs, Y.G., minor, Gabriel Gutierrez, and EnriqueCastro, who is assisted by Spanish language interpreter, Jesus Rivera. The Court confers with counsel and finds that the standards have been met and grants the motions.Court Reporter: Alex Joko. (shb) |
| Filing 60 NOTICE Plaintiffs Do Not Intend to Bring Minor, J.C., or His Mother, Maria Ines Chaves-Pachardo to December 5, 2011 Hearing filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Wallis, Shalimar) |
| Filing 59 NOTICE Notice of Filing Signature of Guardian Ad Litem Gabriel Gutierrez, In Support of Petition to Approve Compromise of Pending Action for Minor, Y.G. filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Exhibit "A")(Wallis, Shalimar) |
| Filing 58 NOTICE OF MOTION AND MOTION for Settlement Approval of Compromise of Pending Action for Minor, Y.G. filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Motion set for hearing on 12/5/2011 at 08:30 AM before Judge John A Kronstadt. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Proposed Order)(Wallis, Shalimar) |
| Filing 57 NOTICE OF MOTION AND MOTION for Settlement Approval of Compromise of Pending Action for Minor, J.C. filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Motion set for hearing on 12/5/2011 at 08:30 AM before Judge John A Kronstadt. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Proposed Order)(Wallis, Shalimar) |
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Filing 56
MINUTE ORDER IN CHAMBERS by Judge John A Kronstadt. The Court has reviewed Plaintiffs response to the Order to Show Cause regarding the filing of a dismissal and continues the hearing from 10/31/2011 to 12/5/2011 at 1:30 p.m. If the motion to approve the minors compromise is filed prior to 11/7/2011, the Order to Show Cause will be taken off calendar. (vdr)
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| Filing 55 RESPONSE filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrezto Order to Show Cause, Terminate Hearings, Terminate Deadlines and Hearings, #53 Plaintiffs' Response to Order to Show Cause Re: Dismissal and Request to Remove OSC from Calendar (Wallis, Shalimar) |
| Filing 54 NOTICE OF CLERICAL ERROR: Due to clerical error: Initial Standing Order #52 was docketed in error to this case. Document has been docketed in the correct case of CV11-8085. (ir) |
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Filing 53
ORDER TO SHOW CAUSE RE DISMISSAL by Judge John A Kronstadt: The Court sets an Order to Show Cause re Dismissal for October 31, 2011 at 1:30 p.m. The Final Pretrial Conference, Status Conference re Exhibits, and Jury Trial are vacated. (rne)
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Filing 52
INITIAL STANDING ORDER for Cases Assigned to Judge A Kronstadt: This case has been assigned to the calendar of Judge John A. Kronstadt. Both the Court and counsel bear responsibility for the progress of this litigation in federalcourt. To "secure the just, speedy, and inexpensive determination" of this case, as called for in Fed. R. Civ. P. 1, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Courts standing orders. (See document for further details) by Judge John A Kronstadt. (ir)
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| Filing 51 NOTICE of Settlement filed by Defendant Michelin North America, Inc.. (Shay, David) |
| Filing 50 NOTICE filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Plaintiffs' Notice of Filing Third Supplemental Disclosures (With Expert Designations) (Wallis, Shalimar) |
| Filing 49 NOTICE of Settlement filed by Defendant General Motors LLC. (Thomas, Anthony) |
| Filing 48 NOTICE Plaintiffs' Notice of Filing Second Supplemental Disclosures filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Wallis, Shalimar) |
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Filing 47
ORDER ON JURY/COURT TRIAL by Judge John A Kronstadt. Final Pretrial Conference 11/21/2011 at 1:30 PM; Status Conference re Exhibits 12/2/2011 at 3:00 PM; Jury Trial 12/6/2011 at 9:00 AM. *See order for trial procedures and requirements.* (vdr)
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Filing 46
ORDER by Judge John A Kronstadt re GRANTING Stipulation to Amend/Correct #45 : The deadlines originally scheduled have been rescheduled: Amended Pleadings due by 3/14/2011., Discovery cut-off 10/17/2011., Motions due by 10/10/2011., Last date to conduct settlement conference is 8/23/2011. Expert Witness Deadlines 8/29/2011 (Initial) and 10/3/2011 (Rebuttal). (rne)
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| Filing 45 Joint STIPULATION to Amend Order, Set/Reset Deadlines/Hearings,, #29 filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., General Motors LLC, Gabriel Gutierrez, Michelin North America, Inc.. (Attachments: #1 Proposed Order Order Amending Scheduling Order)(Wallis, Shalimar) |
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Filing 44
INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to the calendar of Judge John A. Kronstadt. Both the Court and counsel bear responsibility for the progress of this litigation in federal court. To secure the just, speedy, and inexpensive determination of this case, as called for in Fed. R. Civ. P. 1, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Courts standing orders. (See order for further details). (shb)
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| Filing 43 ANSWER to Amended Complaint, #39 Defendant Michelin North America, Inc.'s Answer to Plaintiffs' Second Amended Complaint for Damages; Demand for Jury Trial filed by Defendant Michelin North America, Inc..(Calfo, Alexander) |
| Filing 42 NOTICE Plaintiffs' Notice of Filing First Supplemental Disclosures filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Armando Castro, Jr, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Wallis, Shalimar) |
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Filing 41
ORDER OF THE CHIEF JUDGE (#11-020) approved by Chief Judge Audrey B. Collins. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Judge John A. Kronstadt, this case is transferred from Judge Dale S. Fischer to the calendar of Judge John A Kronstadt for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 10-05481 JAK(AGRx). (rn)
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| Filing 40 ANSWER of Defendant General Motors LLC to Plaintiffs' Second Amended Complaint; Demand for Jury filed by Defendant General Motors LLC.(Thomas, Anthony) |
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Filing 38
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE RE SANCTIONS by Judge Dale S. Fischer: The Court has received and reviewed plaintiffs response to the Order to Show Cause re Sanctions for Failure to Comply with the Local Rules. The Order to Show Cause is DISCHARGED. #36 (ake)
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| Filing 39 SECOND AMENDED COMPLAINT against Defendants General Motors LLC, Michelin North America, Inc. amending Amended Complaint, #25 ,filed by plaintiffs Ana Lilia Castro, J. C., Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Jamie Castro, Ubaldo Castro, Y. G., Gabriel Gutierrez, Guadalupe Castro, Maria Ines Chaves-Pachardo, Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Marcelo Castro, Adriana Castro, Armando Castro, Jr (bp) |
| Filing 37 RESPONSE filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrezto Order on Motion for Leave to File Document,, #36 Plaintiffs' Counsel's Response to Order to Show Cause re: Sanctions for Failure to Comply with the Local Rules (Attachments: #1 Exhibit A)(Wallis, Shalimar) |
| Filing 36 MINUTES (IN CHAMBERS) by Judge Dale S. Fischer: Order GRANTING Plaintiffs Motion for Leave to File Second Amended Complaint #33 and Order to Show Cause re Sanctions for Failure to Comply with the Local Rules. The Court construes this silence as an admission that the conference did not take place before the motion was filed, and orders the Cooper Law Firm and Watts Guerra Craft LLP to show cause by 4/11/2011 why a sanction of $250 should not be issued against each of them for their failure to comply with the local rules. Despite this failure, the Court GRANTS the motion because neither Defendant filed an opposition to it. Local Rule 7-12. (jp) |
| Filing 35 Amendment to MOTION for Leave to file Second Amended Complaint #33 Plaintiffs' First Amended Notice of Motion for Leave to File Second Amended Complaint filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Exhibit "A" - Plaintiffs' Second Amended Complaint, #2 Proposed Order Order Granting Leave Allowing Plaintiffs to File Second Amended Complaint)(Wallis, Shalimar) |
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Filing 34
MINUTE ORDER IN CHAMBERS Order re Local Rule 7-3 Compliance by Judge Dale S. Fischer: (bp)
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| Filing 33 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Motion set for hearing on 3/28/2011 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Exhibit "A" - Plaintiffs' Second Amended Complaint, #2 Proposed Order Order Granting Leave Allowing Plaintiffs to File Second Amended Complaint)(Wallis, Shalimar) |
| Filing 32 ANSWER to Amended Complaint, #25 filed by Defendant General Motors LLC.(Thomas, Anthony) |
| Filing 31 NOTICE Plaintiffs' Notice of Filing Initial Disclosures filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Wallis, Shalimar) |
| Filing 30 ANSWER to Amended Complaint, #25 Defendant Michelin North America, Inc.'s Answer to Plaintiff's First Amended Complaint for Damages; Demand for Jury Trial filed by Defendant Michelin North America, Inc..(Calfo, Alexander) |
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Filing 29
ORDER RE JURY TRIAL by Judge Dale S. Fischer: Amended Pleadings due by 3/14/2011., Discovery cut-off 10/17/2011., Witness List due by 10/17/2011., Motions due by 10/17/2011., Last date to conduct settlement conference is 8/23/2011., Final Pretrial Conference set for 10/17/2011 03:00 PM before Judge Dale S. Fischer., Jury Trial set for 11/15/2011 08:30 AM before Judge Dale S. Fischer. (shb)
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Filing 28
MINUTE ORDER IN CHAMBERS by Judge Dale S. Fischer: The Court, having taken off-calendar the Scheduling Conference set on Monday, December 6, 2010 at 11:00 a.m., establishes the case management dates as proposed by the parties in their Joint Rule 26(f) Report, and as further described in the Schedule ofPretrial and Trial dates. (See Order re Trial for specific dates and times.) (shb)
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| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan JOINT RULE 26(F) REPORT ; estimated length of trial 20 days, filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez, Defendants General Motors LLC, Michelin North America, Inc... (Attachments: #1 Exhibit A - Schedule of Pretrial and Trial Dates)(Wallis, Shalimar) |
| Filing 26 NOTICE of Change of address by Alexander G Calfo attorney for Defendant Michelin North America, Inc.. Changing attorneys address to 355 South Grand Avenue, 15th Floor, Los Angeles, California 90071-1560. Filed by Defendant Michelin North America, Inc.. (Calfo, Alexander) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendant General Motors LLC, Michelin North America, Inc. amending Complaint - (Discovery) #1 ,filed by Plaintiffs Ana Lilia Castro, J. C., Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Jamie Castro, Ubaldo Castro, Y. G., Gabriel Gutierrez, Guadalupe Castro, Maria Ines Chaves-Pachardo, Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Marcelo Castro, Adriana Castro (shb) |
| Filing 24 NOTICE of Manual Filing filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez of First Amended Complaint. (Cooper, Scott) |
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Filing 23
(In Chambers) Order GRANTING Motion for Leave to File First Amended Complaint (Docket No. 20) by Judge Dale S. Fischer: Plaintiffs motion for leave to file a first amended complaint was filed on September 30, 2010, with a hearing date of November 1. Opposition was due October 12. No opposition has yet been filed. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for November 1 is removed from the Courts calendar. The Court deems the lack of opposition to be consent to the motion. Local Rule 7-12; see also Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995); Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1993). The motion for leave to file a first amended complaint is GRANTED. #20 (ake)
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Filing 22
MEMORANDUM IN CHAMBERS ORDER by Judge Dale S. Fischer: re: Minutes of In Chambers Order #14 . The Court has received and reviewed Plaintiffs Response to the Order to Show Cause re Dismissal for Lack of Subject Matter Jurisdiction. The Court is satisfied that subject matter jurisdiction exists. The Order to Show Cause is DISCHARGED. (shb)
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| Filing 21 RESPONSE filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrezto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,,,,,,,, #14 (Wallis, Shalimar) |
| Filing 20 NOTICE OF MOTION AND MOTION for Leave to file Plaintiff's First Amended Complaint filed by Plaintiff J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Motion set for hearing on 11/1/2010 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Exhibit "A", #2 Proposed Order)(Wallis, Shalimar) |
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Filing 19
ORDER by Judge Dale S. Fischer Granting APPLICATION for attorney Shalimar S. Wallis to Appear Pro Hac Vice (PHV FEE PAID.) by Shalimar S. Wallis to appear on behalf of Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Scott B. Cooper is designated as local counsel. Fee Paid. #17 (ake)
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Filing 18
ORDER by Judge Dale S. Fischer Granting APPLICATION for attorney Guy L. Watts II to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7477900 paid.) by Guy L. Watts II to appear on behalf of Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro, Enrique Castro, Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. Scott B. Cooper is designated as local counsel. Fee Paid. #16 (ake)
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| Filing 17 APPLICATION for attorney Shalimar S. Wallis to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Proposed Order)(Cooper, Scott) |
| Filing 16 APPLICATION for attorney Guy L. Watts II to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7477900 paid.) filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (Attachments: #1 Proposed Order)(Cooper, Scott) |
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Filing 15
ORDER Setting Scheduling Conference by Judge Dale S. Fischer. Scheduling Conference set for 12/6/2010 11:00 AM before Judge Dale S. Fischer. See Order for specifics. (dp)
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Filing 14
MINUTE IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTERJURISDICTION by Judge Dale S. Fischer: This action was filed in this Court on July 23, 2010. However, it appears the Court may lack subject matter jurisdiction for the reason(s) opposite the box(es) checked: Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. 1332, but the pleadings fail to allege the citizenship of some of the parties. Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. 1332. A partnership, limited liability company, or other unincorporated association is joined as a party. The Court must consider the citizenship of each of the partners, including limited partners, or members. The citizenship of each of the entitys partners or members must therefore be alleged. Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. 1332. One of the parties appears to be a corporation, although Plaintiffs also allege it is a partnership, sole proprietorship or other form of business entity. The complaint is deficient because: the complaint does not state the form of the entity and does not establish citizenship for each of the possible forms alleged. 28 U.S.C. 1332(c). the complaint does not state both the respective state(s) of incorporation andprincipal place of business. 28 U.S.C. 1332(c). the jurisdictional averment by plaintiff(s) is patently insufficient under 28 U.S.C. 1332(c). plaintiff(s) fail(s) to offer adequate facts to support the assertion that the primary office described in the complaint is the corporate partys principal place of business. Plaintiff(s) must apply the nerve center test to determine a partys principal place of business, which is where a corporations officers direct, control, and coordinate the corporations activities. Hertz Corp. v. Friend, 2010 WL 605601, *11 (U.S. Feb. 23, 2010). Accordingly, the Court orders plaintiff(s) to show cause in writing no later than September 30,2010 why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. If plaintiff(s) require(s) additional discovery to establish the citizenship of one or more defendants, plaintiff(s) may request additional time to engage in jurisdictional discovery, provided that such a request is made on or before the above deadline. Courtesy copies are to be delivered to Chambers. Failure to respond by the above date will result in the Court dismissing this action. (shb)
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Filing 13
ORDER by Judge Dale S. Fischer, GRANTING Stipulation to Remove Puntitive Damages Allegations From The Complaint as to Defendant General Motors #9 (shb)
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| Filing 12 CERTIFICATE of Interested Parties filed by Defendant Michelin North America, Inc., (Calfo, Alexander) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #10 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (shb) |
| Filing 10 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Michelin North America, Inc..(Calfo, Alexander) |
| Filing 9 STIPULATION to AMEND Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant General Motors LLC. (Attachments: #1 Proposed Order)(Thomas, Anthony) |
| Filing 8 NOTICE of Interested Parties filed by Defendant General Motors LLC, (Thomas, Anthony) |
| Filing 7 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 with JURY DEMAND filed by Defendant General Motors LLC.(Thomas, Anthony) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Ana Lilia Castro, J. C., Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Jamie Castro, Ubaldo Castro, Y. G., Gabriel Gutierrez, Guadalupe Castro, Maria Ines Chaves-Pachardo, Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Marcelo Castro, Adriana Castro, upon Defendant General Motors LLC served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon CT Corporation System, Agent of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Cooper, Scott) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Ana Lilia Castro, J. C., Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Jamie Castro, Ubaldo Castro, Y. G., Gabriel Gutierrez, Guadalupe Castro, Maria Ines Chaves-Pachardo, Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Marcelo Castro, Adriana Castro, upon Defendant Michelin North America, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon CT Corporation System, Agent of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Cooper, Scott) |
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Filing 4
STANDING ORDER for Cases Assigned to Judge Dale S Fischer: Read this Order Carefully. It controls this case and differs in some respect from the Local Rules; Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action; If this case came to the Court by Noticed Removal, Defendant shall serve this Order on all other parties (See document for further details) by Judge Dale S. Fischer. (shb)
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| Filing 3 NOTICE TO PARTIES OF ADR PROGRAM filed.(ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs J. C., Adriana Castro, Ana Lilia Castro, Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Guadalupe Castro, Jamie Castro, Marcelo Castro, Ubaldo Castro, Maria Ines Chaves-Pachardo, Y. G., Gabriel Gutierrez. (ghap) (ds). |
| Filing 1 COMPLAINT against Defendants General Motors LLC, Michelin North America, Inc. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 350: PAID) Jury Demanded., filed by plaintiffs Ana Lilia Castro, J. C., Enrique Castro(as Surviving Heirs of Armando Castro, Deceased), Jamie Castro, Ubaldo Castro, Y. G., Gabriel Gutierrez, Guadalupe Castro, Maria Ines Chaves-Pachardo, Enrique Castro(as Surviving Heir and Successor-in-Interest of Areli Castro, Deceased), Marcelo Castro, Adriana Castro.(ghap) (ds). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants General Motors LLC, Michelin North America, Inc. (ghap) |
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