Mendieta et al v. Ford Motor Company et al
| Vanessa Bendana Mendieta and Carlos Pardo |
| Ford Motor Company, Michael C. Stead, Inc. and Michael C. Stead, Inc. doing business as Michael Stead's Hilltop Ford Kia |
| 2:2018cv07789 |
| October 3, 2018 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Andre Birotte |
| Frederick F Mumm |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Vanessa Bendana Mendieta, Carlos Pardo. Appeal of Judgment,, #25 , Minutes of In Chambers Order/Directive - no proceeding held,,,, #24 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-36450783.) (Attachments: #1 Exhibit A, #2 Exhibit B)(Kirnos, R) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney R Roger Kirnos counsel for Petitioners Vanessa Bendana Mendieta, Carlos Pardo. Adding Roger Kirnos as counsel of record for Vanessa Mendieta Bendana and Carlos Pardo for the reason indicated in the G-123 Notice. Filed by Plaintiffs Vanessa Mendieta Bendana and Carlos Pardo. (Attorney R Roger Kirnos added to party Vanessa Bendana Mendieta(pty:pet), Attorney R Roger Kirnos added to party Carlos Pardo(pty:pet))(Kirnos, R) |
| Filing 27 BILL OF COSTS. Costs Taxed in amount of $3,001.34 in favor of Defendant and against plaintiff. RE: REQUEST to the Clerk to Tax Costs against Plaintiffs Vanessa Bendana Mendieta, Carlos Pardo re: Judgment, #25 , #26 (kr) |
| Filing 26 REQUEST to the Clerk to Tax Costs against Plaintiffs Vanessa Bendana Mendieta, Carlos Pardo re: Judgment,, #25 , filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Tab 1, #2 Exhibit Tab 5, #3 Exhibit Tab 13) (Nassihi, Amir) |
| Filing 25 JUDGMENT by Judge Andre Birotte Jr.: On 8/30/2023, the Court issued a minute order granting Ford's Motion for Summary Judgment in full as to all of Plaintiffs' claims #23 . IT IS HEREBY ORDERED, ADJUDGED AND DECREED: (1) Judgment is entered in favor of Defendant Ford Motor Company on Plaintiffs Vanessa Bendana Mendieta's and Carlos Pardo's claims in this action in their entirety; (2) Plaintiffs are entitled to recover nothing from Ford Motor Company; (3) Ford Motor Company is the prevailing party; and (4) Ford Motor Company is entitled to recover its costs of suit, pursuant to Fed. R. Civ. P. 54. (MD JS-6, Case Terminated). (gk) |
Filing 24
MINUTES (IN CHAMBERS) ORDER DENYING APPLICATIONS TO FILE UNDER SEAL by Judge Andre Birotte Jr.: Plaintiffs filed four Applications to File Under Seal re: Bell (Case No. 2:18-cv-01752) [filed under 2:18-ml-02814, Doc No. 1478], Joe (Case No. 2:18-cv-01752) [filed under 2:18-ml-02814, Doc No. 1481], Martin and Day (Case No. 2:18-cv-01750) [filed under 2:18-ml-02814, Doc No. 1484], Mendieta and Pardo (Case No. 2:18-cv-07789) [filed under 2:18-ml-02814, Doc No. 1487], and in connection with their oppositions to Ford's Motions for Summary Judgment. The Applications seek to file under seal four identical sets of documents four separate times in the MDL. The Court questions whether a more efficient approach could have been used. Regardless, the Applications are deficient in multiple respects, and the Court DENIES them. The parties are ORDERED to review Local Rule 79-5.2.2(b) and to comply with it going forward, and to minimize the materials they seek to file under seal. See document for further details. Court Reporter: N/A. (gk)
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Filing 23
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART FORD'S MOTIONS FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: Before the Court are Defendant Ford Motor Company's ("Ford") Motions for Summary Judgment filed as to Curtis T. Joe v. Ford Motor Company et al., Case No. CV 18-02594 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1466], Charles Martin et al v. Ford Motor Company et al., Case No. CV 18-01750 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1467], and Mendieta et al v. Ford Motor Company et al., Case No. CV 18-07789 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1468]. The Court GRANTS in part and DENIES in part Ford's Motions for Summary Judgment, as follows: Ford's Motions as to EXPRESS WARRANTY CLAIMS: DENIED as to Joe and Martin; GRANTED as to Mendieta. Ford's Motions as to WILLFULNESS/CIVIL PENALTIES: DENIED as to Joe; GRANTED as to Martin and Mendieta. Ford's Motions as to BREACH OF IMPLIED WARRANTY CLAIMS: DENIED as to Joe; GRANTED as to Martin and Mendieta. Ford's Motions as to BREACH OF IMPLIED WARRANTY DAMAGES: DENIED as to All Plaintiffs Claims for Damages Consisting of "So Much of the Price as Has Been Paid;" GRANTED as to All Plaintiffs' claims for incidental and consequential damages. Ford's Motion as to the MARTIN CLRA CLAIM: GRANTED. Ford's Motions as to FRAUD CLAIMS: GRANTED as to all fraud claims brought by all Plaintiffs. Ford must file a Proposed Judgment for the Mendieta case within seven days of the issuance of this Order. Thereafter, the Mendieta Plaintiffs will have five days to object as to form. Court Reporter: N/A. (gk)
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| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Amir M Nassihi counsel for Respondent Ford Motor Company. Adding Amir Nassihi as counsel of record for Defendant Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney Amir M Nassihi added to party Ford Motor Company(pty:res))(Nassihi, Amir) |
| Filing 21 NOTICE of Appearance filed by attorney Katherine Pollard Vilchez on behalf of Respondent Ford Motor Company (Attachments: #1 Certificate of Service)(Attorney Katherine Pollard Vilchez added to party Ford Motor Company(pty:res))(Vilchez, Katherine) |
| Filing 20 NOTICE of Appearance filed by attorney Hailey Marie Rogerson on behalf of Respondent Ford Motor Company (Attachments: #1 Certificate of Service)(Attorney Hailey Marie Rogerson added to party Ford Motor Company(pty:res))(Rogerson, Hailey) |
| Filing 18 Letter to Counsel regarding MDL Transfer-In. (jtil) |
| Filing 17 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (jtil) |
| Filing 16 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
| Filing 15 CONDITIONAL TRANSFER ORDER (CTO-15) - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Central District of California, assigned to the Honorable Andre Birotte, Jr. (cv, COURT STAFF) (Filed on 10/2/2018) [Transferred from California Northern on 10/3/2018.] |
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Filing 14
ORDER granting #4 Ex Parte Application FOR AN ORDER STAYING ALL PROCEEDINGS AND DEADLINES. This action is stayed until such time it is transferred pursuant to the Conditional Transfer Order, or until further order of the court. Signed by Judge Edward J. Davila on 9/17/2018. (ejdlc1S, COURT STAFF) (Filed on 9/17/2018) [Transferred from California Northern on 10/3/2018.]
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| Filing 13 Statement of Efforts and Status Re Inclusion of This Action in MDL No. 2814 In Support of Defendant's Ex Parte Application filed by Ford Motor Company. (Attachments: #1 Exhibit Defendant's Notice of Potential Tag Along Actions & Schedule of Actions, #2 Exhibit JPML Docket Sheet for CAN/5:18-cv-04950, #3 Exhibit Conditional Transfer Order No. 15 Issued, #4 Exhibit Conditional Order No. 15 Finalized and Filed)(Related document(s) #12 ) (Mrowka, Molly) (Filed on 9/17/2018) Modified on 9/17/2018 (cv, COURT STAFF). [Transferred from California Northern on 10/3/2018.] |
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Filing 12
ORDER RE: #4 EX PARTE APPLICATION FOR AN ORDER STAYING ALL PROCEEDINGS. No later than 4:00 p.m. on 9/18/2018, Defendant shall file a brief statement detailing what efforts it has undertaken to have this action included in In re: Ford Motor Co. DPS6 Powershift Transmission Products Liability Litigation, MDL No. 2814, as well as the status of those efforts before the Judicial Panel on Multidistrict Litigation. Signed by Judge Edward J. Davila on 9/17/2018. (ejdlc1S, COURT STAFF) (Filed on 9/17/2018) [Transferred from California Northern on 10/3/2018.]
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings pursuant to Clerk's Notice of Impending Reassignment to a U.S. District Court Judge. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 9/17/2018. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 9/17/2018). [Transferred from California Northern on 10/3/2018.]
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Filing 10
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company.. (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 9/12/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/18/2018. (djmS, COURT STAFF) (Filed on 9/11/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/6/2018. Initial Case Management Conference set for 11/13/2018 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 8/16/2018)[Transferred from California Northern on 10/3/2018.] |
| Filing 6 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/30/2018. (as, COURT STAFF) (Filed on 8/16/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 1 ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (cv, COURT STAFF) (Filed on 8/15/2018) Modified on 8/16/2018 (cv, COURT STAFF). [Transferred from California Northern on 10/3/2018.] |
| Filing 5 NOTICE of Pendency of Other Action Involving Same Patent by Ford Motor Company (Attachments: #1 Exhibit A to Notice of Pendency of Other Actions or Proceeding, #2 Exhibit B to Notice of Pendency of Other Actions or Proceeding, #3 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 8/15/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 4 Ex Parte Application for an Order Staying All Proceedings and Deadlines Pending JPML Determination of Inclusion in Multidistrict Litigation (MDL No. 2814) filed by Ford Motor Company. (Attachments: #1 Declaration of Molly J. Mrowka, #2 Exhibit to Declaration of Molly J. Mrowka, #3 Proposed Order, #4 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 8/15/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 3 NOTICE of Appearance by Molly Jeannette Mrowka (Attachments: #1 Certificate/Proof of Service)(Mrowka, Molly) (Filed on 8/15/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 2 NOTICE of Appearance by Spencer Peter Hugret (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 8/15/2018) [Transferred from California Northern on 10/3/2018.] |
| Filing 1 NOTICE OF REMOVAL from Santa Clara. Their case number is 18cv331574. (Filing fee $400 receipt number 0971-12596815). Filed byFord Motor Company. (Attachments: #1 Exhibit A-G in support of Removal, #2 Declaration of Spencer P. Hugret, #3 Declaration of Molly J. Mrowka, #4 Exhibit to Declaration of Molly J. Mrowka, #5 Certification of Interested Entities or Persons, #6 Civil Cover Sheet, #7 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 8/15/2018) [Transferred from California Northern on 10/3/2018.] |
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