Milton Alfredo Nunez v. Ford Motor Company et al
| Milton Alfredo Nunez |
| Ford Motor Company and DOES 1 through 10, inclusive |
| 2:2018cv09423 |
| November 5, 2018 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 129 BILL OF COSTS. Costs taxed in the amount of $4,519.17 in favor of Defendant Ford Motor Company and against Plaintiff Milton Alfredo Nunez. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Milton Alfredo Nunez #127 . (vmun) |
| Filing 128 OBJECTION in opposition to re: APPLICATION to the Clerk to Tax Costs against Plaintiff Milton Alfredo Nunez #127 filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration of Daniel Kalinowski)(Mikhov, Steve) |
| Filing 127 APPLICATION to the Clerk to Tax Costs against Plaintiff Milton Alfredo Nunez filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 126 JUDGMENT by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant shall have judgment in its favor against Plaintiff. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff take nothing and that Defendant shall have its costs of suit. (MD JS-6, Case Terminated). (iv) |
| Filing 125 NOTICE OF LODGING filed re Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #122 , Order,, #123 (Attachments: #1 Proposed Judgment)(Mortenson, Michael) |
Filing 124
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 123 STATEMENT OF DECISION REGARDING FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT by Judge John F. Walter. The Court concludes Ford is entitled to judgment as a matter of law as to Plaintiff's entire Complaint alleging claims under the Song-Beverly Act. Accordingly, Ford's Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Partial Summary Judgment is DENIED. The parties shall lodge the joint proposed Judgment with the Court on or before November 19, 2019. (iv) |
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Filing 122
MINUTES (IN CHAMBERS) ORDER GRANTING FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [filed 11/6/19; Docket No. #78 ]; and ORDER DENYING PLAINTIFF MILTON ALFREDO NUNEZ'S MOTION FOR PARTIAL SUMMARY JUDGMENT [filed 11/6/19; Docket No. #82 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for November 18, 2019 is hereby vacated and the matter taken off calendar. After considering the moving, opposing, and reply papers, and the arguments therein, the Court rules as follows: Ford's Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Partial Summary Judgment is DENIED. (iv)
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| Filing 121 DECLARATION of Bryan C. Altman re EX PARTE APPLICATION to Continue Trial from 11/19/19 to 12/09/19 #120 (Amended) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Exhibit Exhibit A)(Altman, Bryan) |
| Filing 120 EX PARTE APPLICATION to Continue Trial from 11/19/19 to 12/09/19 filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Bryan Altman, #2 Proposed Order) (Altman, Bryan) |
| Filing 119 Joint PRETRIAL STIPULATION regarding Exhibits . (Mortenson, Michael) |
| Filing 118 JOINT WITNESS TESTIMONY SUMMARIES filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 117 NOTICE OF LODGING filed Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Attachments: #1 Proposed Statement of Decision Regarding Defendant Ford Motor Company's Motion for Summary Judgment or Partial Summary Judgment)(Kalinowski, Daniel) |
| Filing 116 NOTICE OF LODGING filed Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Attachments: #1 Proposed Statement of Decision Regarding Plaintiff's Motion for Partial Summary Judgment)(Kalinowski, Daniel) |
| Filing 115 NOTICE OF LODGING filed Statement of Decision re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Attachments: #1 Proposed Statement of Decision Regarding Plaintiff Milton Alfredo Nunez Motion for Partial Summary Judgment)(Mortenson, Michael) |
| Filing 114 NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Attachments: #1 Proposed Statement of Decision Regarding Ford Motor Company's Motion for Summary Judgment or Partial Summary Judgment)(Mortenson, Michael) |
| Filing 113 JOINT SET OF DECLARATIONS filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Attachments: #1 TAB 1, #2 TAB 2)(Kalinowski, Daniel) |
| Filing 112 JOINT SET OF EXHIBITS filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Declaration 11)(Kalinowski, Daniel) |
| Filing 111 EXCERPTS FROM THE DEPOSITION OF MILTON ALFREDO NUNEZ IN SUPPORT OF REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: Reply (Motion related), #110 (Kalinowski, Daniel) |
| Filing 110 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Combined Statement of Facts Regarding Plaintiff's Motion for Partial Summary Judgment)(Kalinowski, Daniel) |
| Filing 109 EXCERPTS FROM THE DEPOSITION OF PLAINTIFF MILTON ALFREDO NUNEZ IN SUPPORT OF PLAINTIFF'S OPPOSITION TO FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Kalinowski, Daniel) |
| Filing 108 EXCERPTS FROM THE DEPOSITION OF ALYSON LINDA IN SUPPORT OF PLAINTIFF'S OPPOSITION TO FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Kalinowski, Daniel) |
| Filing 107 EXCERPTS FROM THE DEPOSITION OF THOMAS LEPPER IN SUPPORT OF PLAINTIFF'S OPPOSITION TO FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Kalinowski, Daniel) |
| Filing 106 EXCERPTS FROM THE DEPOSITION OF WILLIAM G. BALLARD IN SUPPORT OF PLAINTIFF'S OPPOSITION TO FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 (Kalinowski, Daniel) |
| Filing 105 AMENDED DOCUMENT filed by Plaintiff Milton Alfredo Nunez. Amendment to Response in Opposition to Motion, #92 (Attachments: #1 Declaration Amended Declaration of Amy Morse in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment or Partial Summary Judgment, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Amended Plaintiff's Statement of Genuine Disputes of Material Fact in Opposition to Ford Motor Company's Motion for Summary Judgment or Partial Summary Judgment)(Morse, Amy-Lyn) |
| Filing 104 NOTICE OF ERRATA filed by Plaintiff Milton Alfredo Nunez. correcting Response in Opposition to Motion, #92 (Morse, Amy-Lyn) |
| Filing 103 EXCERPTS FROM THE DEPOSITION OF ALYSON LINDA IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Kalinowski, Daniel) |
| Filing 102 EXCERPTS FROM THE DEPOSITION OF MILTON ALFREDO NUNEZ IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Kalinowski, Daniel) |
| Filing 101 EXCERPTS FROM THE DEPOSITION OF WILLIAM G. BALLARD IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Milton Alfredo Nunez re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 (Kalinowski, Daniel) |
| Filing 100 JOINT SET OF DECLARATIONS re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Attachments: #1 TAB 1 - Declaration of Michael D. Mortenson, #2 TAB 2 - Declaration of Amy Morse, #3 TAB 3 - Declaration of Craig A. Taggart)(Mortenson, Michael) |
| Filing 99 JOINT SET OF EXHIBITS re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Mortenson, Michael) |
| Filing 98 EXCERPTS FROM THE DEPOSITION OF PLAINTIFF MILTON ALFREDO NUNEZ IN SUPPORT OF FORD MOTOR COMPANY'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Max Kalinowski counsel for Plaintiff Milton Alfredo Nunez. Adding Daniel Kalinowski as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Milton Alfredo Nunez. (Attorney Daniel Max Kalinowski added to party Milton Alfredo Nunez(pty:pla))(Kalinowski, Daniel) |
| Filing 96 REPLY in Support NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Attachments: #1 Combined Statement of Facts, #2 Declaration of Craig A. Taggart, #3 Exhibit 20)(Taggart, Craig) |
| Filing 95 RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #88 (Attachments: #1 Declaration of Lead Trial Counsel Michael D. Mortenson)(Mortenson, Michael) |
| Filing 94 JOINT MEMORANDUM OF LAW REGARDING DISPUTED JURY INSTRUCTIONS LAW filed by Defendant Ford Motor Company re: Jury Instructions (Proposed) #93 (Mortenson, Michael) |
| Filing 93 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Ford Motor Company.. (Mortenson, Michael) |
| Filing 92 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration of Amy Morse, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Plaintiff's Statement of Uncontroverted Facts in Opposition to Ford Motor Company's Motion for Summary Judgment or Partial Summary Judgment)(Morse, Amy-Lyn) |
| Filing 91 REPLY filed by Plaintiff Milton Alfredo Nunez to Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #88 to OSC re: Jury Instructions (Attachments: #1 Declaration Declaration of Chris Urner)(Altman, Bryan) |
| Filing 90 EXCERPTS OF DEPOSITION OF MILTON ALFREDO NUNEZ IN SUPPORT OF FORD MOTOR COMPANY'S OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT in Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 89 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment #82 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Michael D. Mortenson, #2 MSJ Exhibit 10, #3 MSJ Exhibit 11, #4 Statement of Genuine Disputes in Support of Opposition to Motion for Partial Summary Judgment)(Mortenson, Michael) |
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Filing 88
MINUTES (IN CHAMBERS) ORDER STRIKING THE PARTIES' PROPOSED JOINT JURY INSTRUCTIONS [filed 11/7/19; Docket No. #83 ] by Judge John F. Walter. The parties' Proposed Joint Jury Instructions are STRICKEN. Lead Counsel shall meet and confer in person and re-file Jury Instructions that are in full compliance with the Court's CMO by November 10, 2019. In addition, the Court orders counsel for both parties to show cause, in writing, no later than November 10, 2019, why they should not each be sanctioned $3,500.00 for repeatedly failing to comply with the Court's Orders and the CMO. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and/or waiver of jury trial and/or the dismissal of this action. (iv)
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| Filing 87 Text Entry Order: The proposed Statements of Decision required by paragraph 4(e) of the Court's Scheduling and Case Management Order, filed January 9, 2019 (Docket No. #15 ), shall be filed no later than 12:00 p.m. on November 12, 2019.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 86 PROPOSED JURY INSTRUCTIONS (Annotated Set set) filed by Defendant Ford Motor Company.. (Mortenson, Michael) |
| Filing 85 PROPOSED Joint Submission re Verdict Forms JURY VERDICT filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 84 PROPOSED Joint JURY VERDICT filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 83 **STRICKEN** PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff Milton Alfredo Nunez. (Altman, Bryan) Modified on 11/8/2019 Per Order #88 (iv). |
| Filing 82 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Amy Morse, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Plaintiff's Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiff's Motion for Partial Summary Judgment, #12 Proposed Order) (Morse, Amy-Lyn) |
| Filing 81 JOINT STATEMENT REGARDING LOCAL RULE 7-3 CONFERENCE OF COUNSEL ON PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 80 EXCERPTS FROM THE DEPOSITION OF THOMAS LEPPER IN SUPPORT OF FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 79 EXCERPTS FROM DEPOSITION OF PLAINTIFF MILTON ALFREDO NUNEZ IN SUPPORT OF FORD MOTOR COMPANY'S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint #78 filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 78 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint filed by Defendant Ford Motor Company. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Michael D. Mortenson, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Statement of Uncontroverted Facts and Conclusions of Law, #16 Proposed Order, #17 Proposed Judgment) (Mortenson, Michael) |
| Filing 77 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-04-19, 8:35 am re Transcript #76 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 76 TRANSCRIPT for proceedings held on 11-04-19, 8:35 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020. (Algorri, Miranda) |
| Filing 75 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Ford Motor Company. (Attachments: #1 Proposed Amended Pretrial Conference Order)(Mortenson, Michael) |
| Filing 74 AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 73 RESPONSE filed by Plaintiff Milton Alfredo Nunezto Minutes of In Chambers Order/Directive - no proceeding held, #46 Joint Statement Regarding Plaintiff's Expert Witness Thomas Lepper Proffer (Altman, Bryan) |
| Filing 72 Amended MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff's Milton Alfredo Nunez. (Altman, Bryan) |
| Filing 71 RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held, #46 Joint Statement Regarding Ford Motor Company's Expert Witness Proffer (Mortenson, Michael) |
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Filing 70
CIVIL TRIAL ORDER by Judge John F. Walter. This matter is set for trial before the Honorable John F. Walter, Courtroom No. 7A, United States Courthouse, 350 West First Street, Los Angeles, California. The Court's procedures and requirements for civil trials are set forth. SEE ORDER FOR DETAILS. (iv)
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| Filing 69 MINUTES OF PRETRIAL CONFERENCE held before Judge John F. Walter. For the reasons stated on the record, the Court denies Motions in Limine 60, 61, 62, 63, and 64. Jury Trial remains set on November 19, 2019. Court Reporter: Miranda Algorri. (iv) |
| Filing 68 TRANSCRIPT ORDER as to Defendant Ford Motor Company for Court Reporter. Court will contact Michael Mortenson at mmortenson@mortensontaggart.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mortenson, Michael) |
| Filing 67 DECLARATION of Irene Reznik re Reply, #56 re: Scheduling Errors filed by Plaintiff Milton Alfredo Nunez. (Altman, Bryan) |
| Filing 66 RESPONSE filed by Plaintiff Milton Alfredo Nunezto Minutes of In Chambers Order/Directive - no proceeding held, #46 Proof for Expert Witness Thomas Lepper (Attachments: #1 Declaration Declaration of Diba Alemi, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Altman, Bryan) |
| Filing 65 RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held, #47 Offers of Proof Regarding Affirmative Defenses (Attachments: #1 Index Of Exhibits, #2 113, #3 124, #4 128, #5 131, #6 136)(Mortenson, Michael) |
| Filing 64 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Preclude TESTIMONY REGARDING DEFENDANTS ABILITY TO REPAIR OR COST OF REPAIRING THE VEHICLE (Filed Jointly) filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) |
| Filing 63 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude ARGUMENT THAT THE PLAINTIFF MADE INSUFFICIENT EFFORTS TO REQUEST A BUYBACK OF THE VEHICLE (Filed Jointly) filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) |
| Filing 62 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude FORDS CONDITIONAL OFFER LETTER (Filed Jointly) filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) |
| Filing 61 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude EVIDENCE OR TESTIMONY REGARDING BUSINESS PRACTICES Filed Jointly filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) |
| Filing 60 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude ARGUMENT THAT THE DEALERSHIP IS NOT THE AGENT OF FORD DURING WARRANTY REPAIRS Filed Jointly filed by Plaintiff Milton Alfredo Nunez. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) |
| Filing 59 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Milton Alfredo Nunez. (Altman, Bryan) |
| Filing 58 TEXT ENTRY ORDER in response to the Clerk's NOTICE TO FILER OF DEFICIENCIES #57 in Electronically Filed Documents RE: Motions in Limine 50, 51, 52, 53, 54. For the reason stated in the Notice of Deficiencies, the Court STRIKES docket entries #50 , #51 , #52 , #53 , AND #54 . Counsel should refer to the Court's Scheduling and Case Management Order #15 as to the proper hearing date before attempting to refile for a third time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY Modified on 11/1/2019 (sr). |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motions in Limine #50 , #51 , #52 , #53 , #54 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Motions in Limine. Hearing information is missing, incorrect, or not timely. Filer selected incorrect event therefore not setting the Motion for hearing. Pleading shows a date of 11/4/2019. 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. (iv) |
| Filing 56 REPLY filed by Plaintiff Milton Alfredo Nunez to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #48 , Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #49 (Altman, Bryan) |
| Filing 55 RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held, #46 Written Proffer of Expert Witness Opinions (Attachments: #1 Submission of Expert Documents, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Taggart, Craig) |
| Filing 54 *STRICKEN* NOTICE MOTION IN LIMINE NO. 5 TO PROHIBIT TESTIMONY REGARDING DEFENDANTS ABILITY TO REPAIR OR COST OF REPAIRING THE VEHICLE (Filed as Joint Motion) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) Modified on 11/1/2019 (sr). |
| Filing 53 *STRICKEN*[PLAINTIFF'S MOTION IN LIMINE NO. 4 Filed as] NOTICE TO PROHIBIT ARGUMENT THAT THE PLAINTIFF MADE INSUFFICIENT EFFORTS TO REQUEST A BUYBACK OF THE VEHICLE (Filed as Joint Motion) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) Modified on 11/1/2019 (iv). Modified on 11/1/2019 (sr). |
| Filing 52 *STRICKEN* NOTICE MOTION IN LIMINE NO. 3 TO EXCLUDE FORD'S CONDITIONAL OFFER LETTER (Filed as Joint Motion) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) Modified on 11/1/2019 (sr). |
| Filing 51 *STRICKN* NOTICE MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OR TESTIMONY REGARDING BUSINESS PRACTICES (Filed as Joint Motion) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) Modified on 11/1/2019 (sr). |
| Filing 50 *STRICKEN* NOTICE of MOTION IN LIMINE NO. 1 TO PROHIBIT ARGUMENT THAT THE DEALERSHIP IS NOT THE AGENT OF FORD DURING WARRANTY REPAIRS (Filed as Joint) filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Declaration Declaration of Chris Urner, #2 Declaration Declaration of Craig A. Taggart, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Altman, Bryan) Modified on 11/1/2019 (sr). |
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Filing 49
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: LOCAL RULE 16-4 by Judge John F. Walter. Plaintiff is ordered to show cause in writing by November 1, 2019 why he should not be sanctioned in the amount of $1,500.00 or why the Court should not dismiss this action. (iv)
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Filing 48
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: JURY INSTRUCTIONS by Judge John F. Walter. Plaintiff is ordered to show cause in writing by November 1, 2019 why the Court should not strike the jury demand or enter an order that Plaintiff has waived all objections to Defendant's Proposed Jury Instructions and Verdict Form. (iv)
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Filing 47
MINUTES (IN CHAMBERS) ORDER REGARDING OFFERS OF PROOF FOR AFFIRMATIVE DEFENSES by Judge John F. Walter. To assist the Court in preparing for a productive Pre-trial Conference, the Court orders Defendant to file, on or before November 1, 2019, an Offer of Proof for each witness who will offer testimony in support of Defendant's affirmative defenses. (iv)
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Filing 46
MINUTES (IN CHAMBERS) ORDER REQUIRING OFFERS OF PROOF FOR EXPERT WITNESSES AND JOINT STATEMENT by Judge John F. Walter. For each retained and non-retained expert witness that will testify at trial, the Court orders the proffering party to file the expert's curriculum vitae, report, deposition transcript (a single-sided, mini-script copy), and a separate offer of proof containing the opinion or opinions which counsel expects to elicit from each expert on or before November 1, 2019. (iv)
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| Filing 45 Text Entry Order: The Pre-Trial Conference set for November 1, 2019 is continued to November 4, 2019 at 8:30 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 44 Text Entry Order: Docket Numbers #31 , #32 and #33 are stricken because they are set for hearing on the wrong date and no courtesy copies were delivered to Chambers.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 43 TRIAL BRIEF filed by Defendant Ford Motor Company.. (Attachments: #1 Exhibit A)(Taggart, Craig) |
| Filing 42 STATEMENT Case - Joint filed by Plaintiff Milton Alfredo Nunez (Altman, Bryan) |
| Filing 41 Proposed Voir Dire Questions filed by Plaintiff Milton Alfredo Nunez.. (Altman, Bryan) |
| Filing 40 Proposed Voir Dire Questions filed by Defendant Ford Motor Company.. (Taggart, Craig) |
| Filing 39 DEFENDANT FORD MOTOR COMPANYS LIST OF NAMES AND TERMS FOR COURT REPORTER filed by Defendant Ford Motor Company (Mortenson, Michael) |
| Filing 38 Exhibit List filed by Defendant Ford Motor Company.. (Mortenson, Michael) |
| Filing 37 NOTICE OF LODGING filed Proposed Final Pretrial Order re Pretrial-Trial Scheduling Order - form only, #15 (Taggart, Craig) |
| Filing 36 JOINT MEMORANDUM OF LAW REGARDING DISPUTED JURY INSTRUCTIONS filed by Defendant Ford Motor Company (Mortenson, Michael) |
| Filing 35 Joint PRETRIAL STIPULATION regarding Exhibits . (Taggart, Craig) |
| Filing 34 Joint WITNESS TESTIMONY SUMMARIES filed by Defendant Ford Motor Company. (Taggart, Craig) |
| Filing 33 *Stricken* NOTICE OF MOTION AND Third MOTION IN LIMINE (#3) to Exclude Testimony of Thomas Lepper (Filed as Joint Motion) filed by Defendant Ford Motor Company. Motion set for hearing on 11/19/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Craig A. Taggart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Declaration Diba Alemi, #7 Exhibit A, #8 Proposed Order)(Taggart, Craig) Modified on 10/30/2019 (sr). |
| Filing 32 *Stricken* NOTICE OF MOTION AND Second MOTION IN LIMINE (#2) to Exclude EXCLUDE EVIDENCE AND ARGUMENT THAT PLAINTIFF IS ENTITLED TO DAMAGES NOT AVAILABLE UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT AND WERE NOT DISCLOSED IN DISCOVERY (Filed as Joint Motion) filed by Defendant Ford Motor Company. Motion set for hearing on 11/19/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Craig A. Taggart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Taggart, Craig) Modified on 10/30/2019 (sr). |
| Filing 31 *Stricken* NOTICE OF MOTION AND First MOTION IN LIMINE (#1) to Exclude Evidence and Argument That Ford's Offer to Repurchase Was Deficient (Filed as Joint Motion) filed by Defendant Ford Motor Company. Motion set for hearing on 11/19/2019 at 10:00 AM before Judge John F. Walter. (Attachments: #1 Declaration Craig A. Taggart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Taggart, Craig) Modified on 10/30/2019 (sr). |
| Filing 30 PROPOSED JURY INSTRUCTIONS filed by Defendant Ford Motor Company.. (Mortenson, Michael) |
| Filing 29 PROPOSED Joint Submission re Verdict Forms JURY VERDICT filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A (Defendant Verdict Form), #2 Exhibit B (Plaintiff Verdict Form))(Taggart, Craig) |
| Filing 28 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Ford Motor Company. (Taggart, Craig) |
| Filing 27 Witness List filed by Defendant Ford Motor Company.. (Taggart, Craig) |
| Filing 26 STATUS REPORT Joint Status Report Regarding the Status of Mediation filed by Plaintiff Milton Alfredo Nunez. (Colon, Maite) |
| Filing 25 Text Entry Order: Counsel shall file a Joint Report on or before October 23, 2019 regarding the results of the Mediation held on July 22, 2019.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Bryan C Altman counsel for Plaintiff Milton Alfredo Nunez. Adding Bryan C. Altman as counsel of record for Milton Alfredo Nunez for the reason indicated in the G-123 Notice. Filed by Plaintiff Milton Alfredo Nunez. (Attorney Bryan C Altman added to party Milton Alfredo Nunez(pty:pla))(Altman, Bryan) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Armando Lopez counsel for Plaintiff Milton Alfredo Nunez. Adding Armando Lopez as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Milton Alfredo Nunez. (Attorney Armando Lopez added to party Milton Alfredo Nunez(pty:pla))(Lopez, Armando) |
| Filing 22 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Donn Mortenson counsel for Defendant Ford Motor Company. Changing firm name to Mortenson Taggart LLP. Changing e-mail to mmortenson@mortensontaggart.com. Filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 21 NOTICE of Change of Attorney Business or Contact Information: for attorney Craig A Taggart counsel for Defendant Ford Motor Company. Changing firm name to Mortenson Taggart LLP. Changing e-mail to ctaggart@mortensontaggart.com. Filed by Defendant Ford Motor Company. (Taggart, Craig) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Russell W Higgins counsel for Plaintiff Milton Alfredo Nunez. Adding Russell Higgins as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiffs Milton Alfredo Nunez. (Attorney Russell W Higgins added to party Milton Alfredo Nunez(pty:pla))(Higgins, Russell) |
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Filing 19
ORDER GRANTING JOINT STIPULATION CONTINUING EARLY MEDIATION DEADLINE #18 by Judge John F. Walter. This Court CONTINUES the mediation deadline from June 3, 2019 to July 22, 2019. (iv)
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| Filing 18 Joint STIPULATION to Continue Mediation Deadline from June 3, 2019 to July 22, 2019 filed by Plaintiff Milton Alfredo Nunez. (Attachments: #1 Proposed Order)(Colon, Maite) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Maite Christine Colon counsel for Plaintiff Milton Alfredo Nunez. Adding Maite Colon as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Milton Alfredo Nunez. (Attorney Maite Christine Colon added to party Milton Alfredo Nunez(pty:pla))(Colon, Maite) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Steve Mikhov counsel for Plaintiff Milton Alfredo Nunez. Mitchell Rosensweig 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 Milton Alfredo Nunez. (Mikhov, Steve) |
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Filing 15
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 11/1/2019 at 10:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for hearing on 11/8/2019 at 10:00 AM. Jury Trial set for 11/19/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 14
ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on January 28, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: June 3, 2019. The Joint Report re: Results of Settlement Conference due on: June 7, 2019. (iv)
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| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan Joint Report of Early Meeting Pursuant to FRCP 26(f) ; estimated length of trial 4 Court Days, filed by Plaintiff Milton Alfredo Nunez.. (Mikhov, Steve) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Steve Mikhov counsel for Plaintiff Milton Alfredo Nunez. Adding Mitch Rosensweig as counsel of record for Milton Alfredo Nunez for the reason indicated in the G-123 Notice. Filed by Plaintiff Milton Alfredo Nunez. (Mikhov, Steve) |
| Filing 11 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Milton Alfredo Nunez, identifying Ford Motor Company. (Mikhov, Steve) |
| Filing 10 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A to Supplement to Notice of Removal, #2 Exhibit B to Supplement to Notice of Removal, #3 Declaration of Lead Trial Counsel Re Compliance with Local Rules Governing Electronic Filing)(Mortenson, Michael) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for January 28, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before January 7, 2019. (iv)
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Filing 8
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 7 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge John F. Walter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jacqueline Chooljian. The case number will now reflect the initials of the transferee Judges 2:18-cv-09423 JFW(JCx). (rn) |
| Filing 6 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 5 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV-11C Statement of Consent to Proceed) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) with JURY DEMAND filed by Defendant Ford Motor Company. (FILED IN STATE COURT ON 11/5/2018 SUBMITTED ATTACHED EXHIBIT B)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Ford Motor Company. Jury Demanded., filed by plaintiff Milton Alfredo Nunez. (FILED IN STATE COURT ON 9/17/2018 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Ford Motor Company, (Mortenson, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC721440 Receipt No: 0973-22698131 - Fee: $400, filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Declaration of Michael D. Mortenson In Support of Notice of Removal, #4 Exhibit 1 to Declaration of Michael D. Mortenson In Support of Notice of Removal) (Attorney Michael Donn Mortenson added to party Ford Motor Company(pty:dft))(Mortenson, Michael) |
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