David Fitzgerald v. Mercedes Benz USA, LLC
| DAVID FITZGERALD |
| DOES 1 through 50, Mercedes Benz Learning and Performance and Mercedes Benz USA, LLC |
| MERCEDES-BENZ USA, LLC |
| 2:2020cv06349 |
| July 16, 2020 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Rozella A Oliver |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 DECLARATION of Michelle Reynolds re Text Only Scheduling Notice,,,,,,,,,,, 12 RESPONSIVE TO THE COURT'S AUGUST 18, 2020 ORDER TO SHOW CAUSE RE SANCTIONS filed by Plaintiff David Fitzgerald. (Reynolds, Michelle) |
Filing 17
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dale S. Fischer. Case ordered to Magistrate Judge Rozella A. Oliver for Settlement Conference. ADR Proceeding to be held no later than 6/7/21. (rfi)
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Filing 16
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 8/2/2021 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 8/31/2021 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 15 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 14 AMENDED DOCUMENT filed by Plaintiff David Fitzgerald. Amendment to Joint Report Rule 26(f) Discovery Plan #10 (Reynolds, Michelle) |
| Filing 13 DECLARATION of ANTOINETTE TUTT IN RESPONSE TO COURTS AUGUST 18, 2020 ORDER TO SHOW CAUSE RE SANCTIONS filed by Defendant Mercedes Benz USA, LLC. (Tutt, Antoinette) |
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Filing 12
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that persons name (only if the person is an attorney) and the person's position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this court's rules and orders, including the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 11 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Rozella A. Oliver for settlement proceedings. Filed by Defendant Mercedes Benz USA, LLC.(Tutt, Antoinette) |
| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 dayas, filed by Defendant Mercedes Benz USA, LLC.. (Tutt, Antoinette) |
| Filing 9 Notice of Electronic Filing re Initial Order Setting R26 Scheduling Conference - form only, #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Complaint - (Discovery), Initial Order upon Filing of Complaint - form only,, #7 , Answer to Complaint (Discovery), Notice of Assignment to United States Judges(CV-18) - optional html form #5 e-mailed to Michelle L Reynolds at MLR@TLegalA.com bounced due to 5.1.0 - Unknown address error 550-"5.1.1 The email account that you tried to reach does not exist. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 8/24/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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Filing 7
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Rozella A. Oliver. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff David Fitzgerald in Los Angeles Superior Court on 1/20/2020, attached as Exhibit A. (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant Mercedes Benz USA, LLC in Los Angeles Superior Court on 7/7/2020, attached as Exhibit C. (jtil) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT MERCEDES-BENZ USA, LLCS NOTICE OF REMOVAL filed by Movant MERCEDES-BENZ USA, LLC. (Tutt, Antoinette) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by DEFENDANT MERCEDES-BENZ USA, LLC, identifying DAVID FITZGERALD, MERCEDES-BENZ USA, LLC, FEDERAL INSURANCE COMPANY. (Tutt, Antoinette) |
| Filing 2 CIVIL COVER SHEET filed by Movant MERCEDES-BENZ USA, LLC. (Tutt, Antoinette) |
| Filing 1 NOTICE OF REMOVAL from LOS ANGELES, case number 20LBCV00048 Receipt No: ACACDC-27240237 - Fee: $400, filed by DEFENDANT MERCEDES-BENZ USA, LLC. (Attorney Antoinette R Tutt added to party MERCEDES-BENZ USA, LLC(pty:bkmov))(Tutt, Antoinette) |
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