Kim Ngo v. BMW of North America LLC et al
| Kim Ngo |
| BMW Aktiengesellschaft, Does 1 through 10, inclusive and BMW of North America LLC |
| 2:2020cv06197 |
| July 10, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Gail J Standish |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Nino Sanaia counsel for Plaintiff Kim Ngo. Adding Nino Sanaia as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Kim Ngo. (Attorney Nino Sanaia added to party Kim Ngo(pty:pla))(Sanaia, Nino) |
Filing 60
ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DATES AND DEADLINES #59 by Judge Michael W. Fitzgerald. Final Pretrial Conference set for 10/30/2023 at 11:00 AM. Jury Trial set for 11/14/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 59 Joint STIPULATION to Continue CONTINUE TRIAL AND PRETRIAL DATES AND DEADLINES from August 1, 2023 to October 3, 2023 filed by Plaintiff Kim Ngo. (Attachments: #1 Declaration DECLARATION OF CHRISTOPHER CAMPBELL IN SUPPORT OF JOINT STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DATES DEADLINES, #2 Proposed Order GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES AND DEADLINES)(Campbell, Christopher) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Campbell counsel for Plaintiff Kim Ngo. Adding Christopher Campbell as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Kim Ngo. (Attorney Christopher Campbell added to party Kim Ngo(pty:pla))(Campbell, Christopher) |
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Filing 57
ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DATES AND DEADLINES #56 by Judge Michael W. Fitzgerald. Final Pretrial Conference set for 7/10/2023 at 11:00 AM. Jury Trial set for 8/1/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 56 Joint STIPULATION to Continue TRIAL AND PRETRIAL DATES AND DEADLINES from May 8, 2023 and May 30, 2023 to 7/30/23 filed by plaintiff Kim Ngo. (Attachments: #1 Declaration DECLARATION OF CHRISTINE HAW IN SUPPORT OF JOINT STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DATES DEADLINES, #2 Proposed Order [PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES AND DEADLINES)(Haw, Christine) |
| Filing 55 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Dolin counsel for Plaintiff Kim Ngo. Karin Kuemerle 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 Kim Ngo. (Dolin, Tionna) |
| Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiff Kim Ngo. Adding Ariel Harman-Holmes as counsel of record for Kim Ngo for the reason indicated in the G-123 Notice. Filed by plaintiff Kim Ngo. (Attorney Ariel Harman-Holmes added to party Kim Ngo(pty:pla))(Harman-Holmes, Ariel) |
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Filing 53
CONSENTING ORDER GRANTING SUBSTITUTION OF ATTORNEY by Judge Michael W. Fitzgerald: granting #52 MOTION to Substitute Attorney Brian Ming Hom as counsel of record in place of attorney Lisa R Weddle for BMW of North America LLC. (lom)
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| Filing 52 NOTICE OF MOTION AND MOTION to Substitute attorney Brian M. Hom, Esq. in place of attorney Lisa R. Weddle filed by Defendant BMW of North America LLC. (Attorney Brian Ming Hom added to party BMW of North America LLC(pty:dft)) (Hom, Brian) |
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Filing 51
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 6/13/2022. Non-expert Discovery Cut-off 1/24/2023. Last Day to Hear Motions 2/27/2023. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 4/17/2023. Final Pretrial Conference and Hearing on Motions in Limine set for 5/8/2023 at 11:00 AM. Trial Date (Est. 3 to 5 Days) set for 5/30/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 50
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/10/2023. (iv)
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Filing 49
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald. Case should have been reopened on Order dated 2/7/2022 43 . (Case reopened. MD JS-5.) (iv)
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| Filing 48 JOINT REPORT Rule 26(f) Discovery Plan (Corrected) ; estimated length of trial 3-5 days, filed by Plaintiff Kim Ngo.. (Attachments: #1 Exhibit A)(Tabesh, Dara) |
| Filing 47 NOTICE OF ERRATA filed by Plaintiff Kim Ngo. correcting Joint Report Rule 26(f) Discovery Plan #46 (Tabesh, Dara) |
| Filing 46 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 Days, filed by Plaintiff Kim Ngo.. (Haw, Christine) |
| Filing 45 NOTICE of Appearance filed by attorney Christine J Haw on behalf of Plaintiff Kim Ngo (Attorney Christine J Haw added to party Kim Ngo(pty:pla))(Haw, Christine) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Karin Kuemerle counsel for Plaintiff Kim Ngo. Adding Karin Kuemerle as counsel of record for Kim Ngo for the reason indicated in the G-123 Notice. Filed by Plaintiff Kim Ngo. (Attorney Karin Kuemerle added to party Kim Ngo(pty:pla))(Kuemerle, Karin) |
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Filing 43
ORDER by Judge Michael W. Fitzgerald. In light of the Ninth Circuit's Mandate #42 , the Court ORDERS the parties to meet and confer, and update their Joint Rule 26(f) Report #17 with any new information and agreed-upon dates. The updated report shall be filed no later than 2/28/2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 42 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #34 , CCA # 20-56027. The judgment of this Court, entered January 12, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellees in the amount of $75.90. [See USCA Opinion #40 , REVERSED AND REMANDED.](mat) |
| Filing 41 NOTICE of Change of address by Tionna Dolin attorney for Plaintiff Kim Ngo. Changing attorneys address to 1888 Century Park East, 19th Floor, Los Angeles,CA 90067. Filed by Plaintiff Kim Ngo. (Dolin, Tionna) |
| Filing 40 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #34 filed by Kim Ngo. CCA # 20-56027. For these reasons, we REVERSE and REMAND forproceedings consistent with this opinion. [SEE DOCUMENT FOR ALL DETAILS.](mat) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Law counsel for Plaintiff Kim Ngo. Gregory Sogoyan 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 Kim Ngo. (Attorney Daniel A Law added to party Kim Ngo(pty:pla))(Law, Daniel) |
| Filing 38 DESIGNATION of Record on Appeal by Plaintiff Kim Ngo re #34 (Escalante, Arlyn) |
| Filing 37 NOTICE OF FILING TRANSCRIPT filed for proceedings August 31, 2020 re Transcript #36 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 36 TRANSCRIPT for proceedings held on August 31, 2020. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@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 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021. (Diaz, Amy) |
| Filing 35 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56027 assigned to Notice of Appeal to 9th Circuit Court of Appeals #34 as to Plaintiff Kim Ngo. (iv) |
| Filing 34 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Kim Ngo. Appeal of Order on Motion to Compel Arbitration #30 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-28360424.) (Rosner, Hallen) |
| Filing 33 NOTICE of Appearance filed by attorney Hallen David Rosner on behalf of Plaintiff Kim Ngo (Attorney Hallen David Rosner added to party Kim Ngo(pty:pla))(Rosner, Hallen) |
| Filing 32 NOTICE of Appearance filed by attorney Arlyn L Escalante on behalf of Plaintiff Kim Ngo (Attorney Arlyn L Escalante added to party Kim Ngo(pty:pla))(Escalante, Arlyn) |
| Filing 31 TRANSCRIPT ORDER as to Defendant BMW of North America LLC for Court Reporter. Court will contact Lydia Ramirez at lydia.ramirez@morganlewis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ihara, Karyn) |
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Filing 30
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION #11 by Judge Michael W. Fitzgerald. The Motion is GRANTED. The action is DISMISSED without prejudice. (iv)
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| Filing 29 OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 re Plaintiff's Response to Defendant BMW of North America, LLC's Objection to Plaintiff's Declaration filed by Plaintiff Kim Ngo. (Tabesh, Dara) |
| Filing 28 OBJECTION support re: NOTICE OF MOTION AND MOTION to Compel Arbitration #11 DEFENDANT BMW OF NORTH AMERICA, LLC'S OBJECTIONS TO THE CORRECTED DECLARATION OF PLAINTIFF KIM NGO REGARDING BMW OF NORTH AMERICA, LLC'S MOTION TO COMPEL ARBITRATION AND DISMISS OR STAY ALL LEGAL PROCEEDINGS filed by Defendant BMW of North America LLC. (Ihara, Karyn) |
| Filing 27 TRANSCRIPT ORDER as to Plaintiff Kim Ngo for Court Reporter. Court will contact Lauren Wageman at lwageman@slpattorney.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Sogoyan, Gregory) |
| Filing 26 Notice of Withdrawal of Declaration (Motion related), #24 filed by Plaintiff Kim Ngo. (Tabesh, Dara) |
| Filing 25 DECLARATION of Plaintiff Kim Ngo in opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Kim Ngo. (Attachments: #1 Exhibit A to Ngo Declaration, #2 Exhibit B to Ngo Declaration, #3 Exhibit C to Ngo Declaration)(Tabesh, Dara) |
| Filing 24 DECLARATION of Plaintiff Kim Ngo in opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Kim Ngo. (Attachments: #1 Exhibit A to Tabesh Declaration, #2 Exhibit B to Tabesh Declaration, #3 Exhibit C to Tabesh Declaration)(Tabesh, Dara) |
| Filing 23 MINUTES OF TELEPHONIC - MOTION OF BMW OF NORTH AMERICA, LLC TO COMPEL ARBITRATION AND DISMISS OR STAY ALL PROCEEDINGS #11 ; SCHEDULING CONFERENCE held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. The Scheduling Conference is not held. Court Reporter: Amy Diaz. (iv) |
| Filing 22 OBJECTION support re: NOTICE OF MOTION AND MOTION to Compel Arbitration #11 DEFENDANT BMW OF NORTH AMERICA, LLC'S OBJECTIONS TO THE DECLARATION OF DARA TABESH REGARDING THE AUGUST 31, 2020 HEARING ON BMW OF NORTH AMERICA, LLC'S MOTION TO COMPEL ARBITRATION AND DISMISS OR STAY ALL LEGAL PROCEEDINGS filed by Defendant BMW of North America LLC. (Ihara, Karyn) |
| Filing 21 DECLARATION of Dara Tabesh in opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Kim Ngo. (Attachments: #1 Exhibit A to Tabesh Declaration, #2 Exhibit B to Tabesh Declaration, #3 Exhibit C to Tabesh Declaration)(Tabesh, Dara) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Payam Shahian counsel for Plaintiff Kim Ngo. Adding Payam Shahian as counsel of record for Kim Ngo for the reason indicated in the G-123 Notice. Filed by Plaintiff Kim Ngo. (Attorney Payam Shahian added to party Kim Ngo(pty:pla))(Shahian, Payam) |
| Filing 19 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP), the MOTION OF BMW OF NORTH AMERICA, LLC TO COMPEL ARBITRATION AND DISMISS OR STAYALL PROCEEDINGS #11 set for August 31, 2020 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (877) 411-9748 and Access Code: 6448503. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. In addition, the Schedule Conference is advanced to 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 18 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Defendant BMW of North America LLC. (Attachments: #1 Defendant BMW Of North America, LLC's Objections To The Declaration Of Kim Ngo In Support Of Plaintiff's Opposition To Motion To Compel Arbitration And Dismiss Or Stay All Legal Proceedings)(Ihara, Karyn) |
| Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 - 5 days, filed by Plaintiff Kim Ngo.. (Attachments: #1 Exhibit A)(Sogoyan, Gregory) |
| Filing 16 NOTICE of Errata re Exhibit 2 to Declaration of Gregory Sogoyan (Docket No. 14-1) in Support of Plaintiffs' Opposition to Defendant BMW of North America, LLC's Motion to Compel Arbitration and Dismiss or Stay all Proceedings filed by Plaintiffs Kim Ngo. (Attachments: #1 Exhibit A to Notice of Errata)(Tabesh, Dara) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #13 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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 14 OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #11 filed by Plaintiff Kim Ngo. (Attachments: #1 Declaration of Gregory Sogoyan, #2 Exhibit 1 to Sogoyan Declaration, #3 Request for Judicial Notice, #4 Exhibit 1 to RJN, #5 Exhibit 2 to RJN, #6 Exhibit 3 to RJN, #7 Exhibit 4 to RJN, #8 Exhibit 5 to RJN, #9 Exhibit 6 to RJN, #10 Objections to Cyr Declaration, #11 Objections to Weight Declaration, #12 Objections to Ihara Declaration, #13 Declaration of Plaintiff Kim Ngo)(Tabesh, Dara) |
| Filing 13 NOTICE of Appearance filed by attorney Dara Tabesh on behalf of Plaintiff Kim Ngo (Attorney Dara Tabesh added to party Kim Ngo(pty:pla))(Tabesh, Dara) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference 08/31/20 at 11:00 AM. (pg)
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| Filing 11 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by defendant BMW of North America LLC. Motion set for hearing on 8/13/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tyler Weight In Support Of Motion Of BMW Of North America, LLC To Compel Arbitration And Dismiss Or Stay All Proceedings, #2 Declaration Of Jim Cyr In Support Of Motion Of BMW Of North America, LLC To Compel Arbitration And Dismiss Or Stay All Proceedings, #3 Declaration Of Karyn L. Ihara In Support Of Motion Of BMW Of North America, LLC To Compel Arbitration And Dismiss Or Stay All Proceedings, #4 Exhibit B to Declaration of Karyn L. Ihara, #5 Exhibit C to Declaration of Karyn L. Ihara, #6 Exhibit D to Declaration of Karyn L. Ihara, #7 Exhibit E to Declaration of Karyn L. Ihara, #8 Exhibit F to Declaration of Karyn L. Ihara, #9 Exhibit G to Declaration of Karyn L. Ihara, #10 Request For Judicial Notice In Support Of Motion Of BMW Of North America, LLC To Compel Arbitration And Dismiss Or Stay All Proceedings, #11 Proposed Order Granting Motion Of BMW Of North America, LLC To Compel Arbitration And Dismiss Or Stay All Proceedings) (Ihara, Karyn) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATION OF INTERESTED PARTIES filed by Defendant BMW of North America LLC identifying BMW (US) Holding Corporation as Corporate Parent. (Ihara, Karyn) |
| Filing 9 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant BMW of North America LLC.(Attorney Karyn L Ihara added to party BMW of North America LLC(pty:dft))(Ihara, Karyn) |
| Filing 8 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Kim Ngo, identifying BMW OF NORTH AMERICA, LLC; BMW AKTIENGESSELLSCHAFT; and DOES 1 through 10, inclusive. (Sogoyan, Gregory) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) |
| Filing 6 21 DAY Summons issued re Complaint #1 as to defendants BMW Aktiengesellschaft, BMW of North America LLC. (esa) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Gail J. Standish. (esa) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Kim Ngo. (Dolin, Tionna) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kim Ngo. (Dolin, Tionna) |
| Filing 1 COMPLAINT Receipt No: BCACDC-27165966 - Fee: $400, filed by Plaintiff Kim Ngo. (Attorney Tionna Dolin added to party Kim Ngo(pty:pla))(Dolin, Tionna) |
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