Tzu Wen v. FCA US LLC et al
| Tzu Wen |
| FCA US LLC and Does 1 through 20, inclusive |
| 2:2020cv09674 |
| October 21, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dale S Fischer |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Leeran Abukasis counsel for Defendant FCA US LLC. Leeran Abukasis is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant FCA US LLC. (Abukasis, Leeran) |
Filing 18
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 11/15/21. (rfi)
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Filing 17
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 1/24/2022 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 2/22/2022 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 16 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 15 DECLARATION of Erik H. Whitman In Response to Order to Show Cause re Sanctions filed by Plaintiff Tzu Wen. (Quinn, Elizabeth) |
| Filing 14 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Tzu Wen.. (Quinn, Elizabeth) |
| Filing 13 DECLARATION of Leeran Abukasis in Response to Order to Show Cause re Sanctions filed by Defendant FCA US LLC. (Abukasis, Leeran) |
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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 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Tzu Wen.. (Quinn, Elizabeth) |
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Filing 10
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 9
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 12/7/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 8 ANSWER to Complaint - (Discovery) FCA US LLC'S Answer to Plaintiff's Unverified Complaint filed by Defendant FCA US LLC.(Abukasis, Leeran) |
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Filing 7
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation of Dismissal of Plaintiff's Third Cause of Action, and Stipulation to Strike Plaintiff's Claim for Punitive Damages #6 . See Order for specifics. (jp)
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| Filing 6 STIPULATION to Strike filed by Defendant FCA US LLC. (Attachments: #1 Proposed Order)(Abukasis, Leeran) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Maria A. Audero. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 20, inclusive, FCA US LLC., filed by plaintiff Tzu Wen. (FILED IN STATE COURT ON 9/15/2020 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Tzu Wen, upon Defendant FCA US LLC served on 9/21/2020, answer due 10/13/2020. Service of the Summons and Complaint were executed upon Peter-CT Corporation, authorized agent for service of process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 9/30/2020 SUBMITTED ATTACHED EXHIBIT G) (ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant FCA US LLC, identifying FCA North America Holdings, LLC; FCA Holdco B.V.; Fiat Chrysler Automobiles N.V.. (Abukasis, Leeran) |
| Filing 2 CIVIL COVER SHEET filed by Defendant FCA US LLC. (Abukasis, Leeran) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 20STCV35137 Receipt No: ACACDC-28648251 - Fee: $400, filed by Defendant FCA US LLC. (Attachments: #1 Exhibit Exhibit A Summons, #2 Exhibit Exhibit B Complaint, #3 Exhibit Exhibit C Civil Case Coversheet, #4 Exhibit Exhibit D Notice of Case Assignement, #5 Exhibit Exhibit E Order to Show Cause re Failure to File POS, #6 Exhibit Exhibit F Notice of Case Management Conference, #7 Exhibit Exhibit G Filed Proof of Service of Summons, #8 Declaration of James Sheridan, #9 Declaration of Leeran Abukasis) (Attorney Leeran Abukasis added to party FCA US LLC(pty:dft))(Abukasis, Leeran) |
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