Carlos Wason v. BMW of North America, LLC
| Carlos Wason |
| BMW of North America, LLC |
| Gail Killefer |
| 2:2017cv08261 |
| November 13, 2017 |
| US District Court for the Central District of California |
| Steve Kim |
| R Gary Klausner |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #34 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) |
| Filing 35 NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Costs and Expenses filed by Plaintiff Carlos Wason. Motion set for hearing on 8/31/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Payment of Attorney's Fees and Reimbursement of Costs and Expenses, #2 Declaration of Stephanie S. Pengilley in Support of Plaintiff's Motion for Payment of Attorney's Fees and Reimbursement of Costs and Expenses, #3 Exhibit Exhibit A - Billing Slips, #4 Exhibit Exhibit B - Hour Breakdown, #5 Exhibit Exhibit C - Invoices and Receipts, #6 Exhibit Exhibit D - 4/24/18 Demand, #7 Exhibit Exhibit E - Plaintiff's Initial Disclosures, #8 Exhibit Exhibit F - 5/7/18 Demand, #9 Exhibit Exhibit G - Emails 6/26-7/12, #10 Exhibit Exhibit H - 7/16-7/26, #11 Exhibit Exhibit I - Emails 8/3-8/7, #12 Exhibit Exhibit J - Emails 8/14-8/28, #13 Exhibit Exhibit K - Emails 9/6/18, #14 Exhibit Exhibit L - Emails 9/6-9/17, #15 Exhibit Exhibit M - Emails 9/6-9/21, #16 Exhibit Exhibit N - Emails 9/26-10/2, #17 Exhibit Exhibit O - Emails 10/12-10/15, #18 Exhibit Exhibit P - Order Retaining Jurisdiction, #19 Exhibit Exhibit Q - Settlement Agreement, #20 Exhibit Exhibit R - Email 1/30/20, #21 Exhibit Exhibit S - Inflation Print Outs, #22 Exhibit Exhibit T - Lozano Declaration, #23 Exhibit Exhibit U - Melekyan Billing Slips, #24 Proposed Order Granting Plaintiff's Motion for Payment of Attorney's Fees and Reimbursement of Costs and Expenses) (Pengilley, Stephanie) |
| Filing 34 (Attorney Stephanie S Pengilley added to party Carlos Wason (pty:pla))(Pengilley, Stephanie) |
Filing 33
ORDER by Judge R. Gary Klausner, re Stipulation to Dismiss Case #32 . The joint stipulation is approved. The entire action, including all claims stated herein against all parties, is hereby dismissed with prejudice and the Court retains jurisdiction for the purpose of enforcing the settlement agreement. (Made JS-6. Case Terminated.) (bp)
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| Filing 32 STIPULATION to Dismiss Case pursuant to settlement agreement filed by Plaintiff Carlos Wason. (Attachments: #1 Proposed Order)(Myers, John) |
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Filing 31
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Dismiss Case #30 , for the following reasons: Title page is missing. Proposed Order is lacking title page. (bp)
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| Filing 30 [STRICKEN PURSUANT TO DOCKET ENTRY #31] STIPULATION to Dismiss Case pursuant to settlement agreement filed by Plaintiff Carlos Wason. (Attachments: #1 Proposed Order)(Myers, John) Modified on 10/31/2018 (bp). |
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Filing 29
ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice and for the Court to Retain Jurisdiction for Purpose of Enforcing Settlement Agreement and [Proposed] Order #28 , for the following reasons: Proposed Document was not submitted as separate attachment and Document should be filed as Stipulation of Dismissal. Proposed Order must be submitted as a separate document. (et)
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| Filing 28 ***STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice and for the Court to Retain Jurisdiction for Purpose of Enforcing Settlement Agreement and [Proposed] Order filed by Plaintiff Carlos Wason. (Myers, John) Modified on 10/26/2018 (et). |
| Filing 27 MINUTES OF PRETRIAL CONFERENCE held before Judge R. Gary Klausner: Court and counsel confer. No pretrial documents have been filed with the Court. Counsel inform the Court that the matter has settled and that they expect the dismissal to be filed shortly. Jury trial remains on calendar for November 6, 2018 at 9:00 a.m. Court Reporter: Sandra MacNeil. (bm) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney John Patrick Myers counsel for Plaintiff Carlos Wason. Marcus C. Musante is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Carlos Wason. (Myers, John) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney John Patrick Myers counsel for Plaintiff Carlos Wason. Erika Nicolalde Kavicky is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Carlos Wason. (Myers, John) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney John Patrick Myers counsel for Plaintiff Carlos Wason. Adding John P. Myers as counsel of record for Carlos Wason for the reason indicated in the G-123 Notice. Filed by Plaintiff Carlos Wason. (Attorney John Patrick Myers added to party Carlos Wason (pty:pla))(Myers, John) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Erin Elizabeth Tallent counsel for Defendant BMW of North America, LLC. Adding Jacqueline Bruce Chinery as counsel of record for BMW of North America, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Tallent, Erin) |
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Filing 22
DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re Stipulation to Continue #21 (bp)
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| Filing 21 STIPULATION to Continue Trial from November 6, 2018 to February 4, 2019 filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order)(Tallent, Erin) |
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Filing 20
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Court received a message on September 21, 2018 that this matter has settled. The parties are hereby notified that they are not relieved of any deadlines or court appearances until a dismissal of the action is filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 19 MEDIATION REPORT filed by Mediator (ADR Panel) Gail Killefer: A mediation did not take place because the case partially settled before the session occurred. Plaintiff will file a motion for attorneys' fees.(Killefer, Gail) |
| Filing 18 NOTICE OF MEDIATION DATE filed. Mediation set for July 17, 2018, at 10:00 a.m.(Killefer, Gail) |
| Filing 17 NOTICE TO PARTIES by U.S. Magistrate Judge Steve Kim. Effective, April 12, 2018, Judge Kim will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 540 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 540 of the Roybal Federal Building and U.S. Courthouse, and all mandatory chambers copies shall be delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building and U.S. Courthouse. Magistrate Judge Kim's Courtroom Deputy Clerk, Connie Lee, may be reached at (213) 894-4436. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 16 MINUTES OF ORDER TO SHOW CAUSE AND SCHEDULING CONFER held before Judge R. Gary Klausner. The Order to Show Cause is discharged. The Scheduling Conference is held and the Court orders the following dates: Jury Trial (Est. 5-8 days): November 6, 2018 at 9:00 a.m. ; Pretrial Conference: October 22, 2018 at 9:00 a.m.; Motion Cut-Off Date: August 22, 2018; Discovery Cut-Off Date: August 6, 2018. Last day to motion the Court to add parties or amend the pleadings is April 25, 2018. The Court orders the parties to participate in Settlement Option 2. IT IS SO ORDERED. Court Reporter: Sandra MacNeil. (lom) |
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Filing 15
ORDER/REFERRAL to ADR Procedure No. 2 by Judge R. Gary Klausner. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 09/07/2018. (sw)
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Filing 14
ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 10/22/2018 at 9:00 am; Jury Trial set for 11/6/2018 at 9:00 am. See Order for details. (sw)
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| Filing 13 MINUTES OF SCHEDULING CONFERENCE (Not Held)/STATUS CONFERENCE held before Judge R. Gary Klausner. Case called. Counsel for the plaintiff is not present. The Court sets an Order to Show Cause Hearing for March 26, 2018 at 9:00 a.m. to determine why the matter should not be dismissed for lack of prosecution. The Scheduling Conference is continued to March 26, 2018 at 9:00 a.m. Court Reporter: Sandra MacNeil. (iv) |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; Certificate of Service and Proof of Service ; estimated length of trial 5-7, filed by Defendant BMW of North America, LLC.. (Tallent, Erin) |
| Filing 11 PROOF OF SERVICE filed by Defendant BMW of North America, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Initial Order upon Filing of Complaint - form only #9 , Initial Order Setting R26 Scheduling Conference - form only,,, #10 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 Notice of Assignment served on 12/21/2017. (Tallent, Erin) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for March 12, 2018 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to. (pso)
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (pso)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Steve Kim. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Carlos Wason in Los Angeles Superior Court on 10/18/2017; attached to Notice of Removal as Exhibit A. (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant BMW of North America, LLC. in Los Angeles Superior Court on 11/3/2017; attached to Notice of Removal as Exhibit B. (jtil) |
| Filing 5 PROOF OF SERVICE filed by defendant BMW of North America, LLC, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Jury Demand #4 served on 11-13-2017. (Tallent, Erin) |
| Filing 4 DEMAND for Jury Trial filed by defendant BMW of North America, LLC.. (Tallent, Erin) |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant BMW of North America, LLC, identifying BMW (US) Holding Corp.. (Tallent, Erin) |
| Filing 2 CIVIL COVER SHEET filed by Defendant BMW of North America, LLC. (Tallent, Erin) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC680396 Receipt No: 0973-20817750 - Fee: $400, filed by defendant BMW of North America, LLC. (Attachments: #1 Declaration Erin Tallent, #2 Exhibit A, #3 Exhibit B) (Attorney Erin Elizabeth Tallent added to party BMW of North America, LLC(pty:dft))(Tallent, Erin) |
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