Edward Herrera v. Ford Motor Company
Plaintiff: EDWARD HERRERA
Defendant: FORD MOTOR COMPANY and DOES 1 through 10, inclusive
Case Number: 2:2021cv04731
Filed: June 9, 2021
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Margo A Rocconi
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal -- Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2022 Filing 39 BILL OF COSTS. Costs Taxed in amount of $ 6,910.41 in favor of Defendant and against Plaintiff. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Edward Herrera re: Judgment, #35 , #36 (mca)
March 31, 2022 Filing 38 REPLY in support of APPLICATION to the Clerk to Tax Costs against Plaintiff Edward Herrera re: Judgment, #35 , #36 filed by Defendant Ford Motor Company. (Jun, Patricia)
March 24, 2022 Filing 37 OBJECTION opposition re: APPLICATION to the Clerk to Tax Costs against Plaintiff Edward Herrera re: Judgment, #35 , #36 filed by Plaintiff Edward Herrera. (Kalinowski, Daniel)
March 10, 2022 Filing 36 APPLICATION to the Clerk to Tax Costs against Plaintiff Edward Herrera re: Judgment, #35 , filed by Defendant Ford Motor Company. (Mortenson, Michael)
February 24, 2022 Filing 35 JUDGMENT by Judge Percy Anderson. It is HEREBY ORDERED, ADJUDGED, and DECREED that: Defendant shall have judgment in its favor against Plaintiff; and Plaintiff shall take nothing and Defendant is entitled to its costs of suit. (MD JS-6, Case Terminated). (iv)
February 24, 2022 Opinion or Order Filing 34 MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson. The Court denies Plaintiff's Motion to Remand and grants Ford's Motion for Summary Judgment. The Court will issue a Judgment consistent with this Order. (iv)
February 24, 2022 Filing 33 JOINT POST-ADR REPORT of Regarding Progress of Settlement Discussions filed by Plaintiff Edward Herrera. (Kalinowski, Daniel)
February 24, 2022 Opinion or Order Filing 32 IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Remand #20 is scheduled for February 28, 2022, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for February 28, 2022, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
February 17, 2022 Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Max Kalinowski counsel for Plaintiff Edward Herrera. Greg Mohrman 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 Edward Herrera. (Kalinowski, Daniel)
February 11, 2022 Filing 30 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #20 filed by Plaintiff Edward Herrera. (Attachments: #1 Declaration of Daniel Kalinowski in Support of Plaintiff's Reply, #2 Exhibit B - Chavez v. FMC Executed Rule 68 Offer, #3 Exhibit C - Arriaga v. FCA Fees Stip and Order, #4 Exhibit D - Velasquez v. FCA Stip re Fees, #5 Exhibit E - Luna Stip re Fees, #6 Exhibit F - Garay v. FMC Executed Rule 68 Offer, #7 Exhibit G - Aguilar v. FCA Stip re Fees, #8 Exhibit H - Valle v. FCA Stip re Fees)(Kalinowski, Daniel)
February 10, 2022 Opinion or Order Filing 29 IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Summary Judgment #19 is scheduled for February 14, 2022, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for February 14, 2022, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
February 7, 2022 Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #20 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Craig A. Taggart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Taggart, Craig)
February 1, 2022 Filing 27 SUPPLEMENT to MEMORANDUM in Opposition to Motion,,,,, #21 filed by Plaintiff Edward Herrera. (Attachments: #1 Unredacted Document Plaintiff's Statement of Genuine Issues and Conclusions of Law in Opposition to Ford Motor Company's Motion for Summary, #2 Unredacted Document Exhibit 18)(Kalinowski, Daniel)
January 31, 2022 Filing 26 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint or in the Alternative Partial Summary Judgment #19 filed by Defendant Ford Motor Company. (Attachments: #1 Reply in Support of Statement of Uncontroverted Facts and Conclusions of Law, #2 Objections to Plaintiff's Evidence in Opposition to Motion for Summary Judgment, #3 Objections to Plaintiff's Request for Judicial Notice)(Taggart, Craig)
January 31, 2022 Opinion or Order Filing 25 ORDER DENYING PLAINTIFF'S APPLICATION FOR AN ORDER TO FILE UNDER SEAL CERTAIN PORTIONS OF PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES JUDGMENT, STATEMENT OF GENUINE ISSUES, AND EXHIBIT 18 TO THE DECLARATION DANIEL KALINOWSKI IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Judge Percy Anderson: denying #22 APPLICATION to Seal Document. Re: APPLICATION to file document Application for an Order to File Under Seal Certain Portions of Plaintiff's Memorandum of Points and Authorities Judgment, Statement of Genuine Issues and Exhibit 18 to the Declaration of Daniel Kalinowski #22 . IT IS HEREBY ORDERED THAT THE UNREDACTED VERSIONS OF PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES, STATEMENT OF GENUINE ISSUES AND EXHIBIT 18 TO THE DECLARATION OF DANIEL KALINOWSKI IN SUPPORT OF PLAINTIFF'S OPPOSITION TO FORD'S MOTION FOR SUMMARY JUDGMENT SHOULD BE PUBLICLY FILED. (mrgo)
January 28, 2022 Filing 24 RESPONSE filed by Defendant Ford Motor Companyto APPLICATION to file document Application for an Order to File Under Seal Certain Portions of Plaintiff's Memorandum of Points and Authorities Judgment, Statement of Genuine Issues and Exhibit 18 to the Declaration of Daniel Kalinowski in Suppo #22 (Mortenson, Michael)
January 24, 2022 Filing 23 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Application for an Order to File Under Seal Certain Portions of Plaintiff's Memorandum of Points and Authorities Judgment, Statement of Genuine Issues and Exhibit 18 to the Declaration of Daniel Kalinowski in Suppo #22 filed by Plaintiff Edward Herrera. (Attachments: #1 Unredacted Document Exhibit 18, #2 Unredacted Document Exhibit 139, #3 Unredacted Document Exhibit 140)(Kalinowski, Daniel)
January 24, 2022 Filing 22 APPLICATION to file document Application for an Order to File Under Seal Certain Portions of Plaintiff's Memorandum of Points and Authorities Judgment, Statement of Genuine Issues and Exhibit 18 to the Declaration of Daniel Kalinowski in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment under seal filed by Plaintiff Edward Herrera. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum of Points and Authorities, #3 Redacted Document Separate Statement, #4 Redacted Document Exhibit 18)(Kalinowski, Daniel)
January 24, 2022 Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint or in the Alternative Partial Summary Judgment #19 filed by Plaintiff Edward Herrera. (Attachments: #1 Declaration of Daniel Kalinowski, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25, #14 Exhibit 26, #15 Exhibit 27, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30, #19 Exhibit 31, #20 Exhibit 32, #21 Exhibit 33, #22 Exhibit 34, #23 Exhibit 35, #24 Exhibit 36, #25 Exhibit 37, #26 Exhibit 38, #27 Separate Statement, #28 Request for Judicial Notice, #29 Exhibit A in Support of Request for Judicial Notice, #30 Exhibit B in Support of Request for Judicial Notice, #31 Exhibit C in Support of Request for Judicial Notice, #32 Exhibit D in Support of Request for Judicial Notice, #33 Exhibit E in Support of Request for Judicial Notice, #34 Exhibit F in Support of Request for Judicial Notice, #35 Exhibit G in Support of Request for Judicial Notice, #36 Exhibit H in Support of Request for Judicial Notice)(Kalinowski, Daniel)
January 18, 2022 Filing 20 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Edward Herrera. Motion set for hearing on 2/28/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Daniel Kalinowski, #3 Exhibit A - Castillo v. FCA Docket from Removal to Remand, #4 Proposed Order Granting Plaintiff's Motion for Remand to Superior Court of California) (Kalinowski, Daniel)
January 13, 2022 Filing 19 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint or in the Alternative Partial Summary Judgment filed by Defendant Ford Motor Company. Motion set for hearing on 2/14/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration Craig A. Taggart, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Request for Judicial Notice, #18 Proposed Order, #19 Proposed Judgment) (Taggart, Craig)
September 15, 2021 Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Gregory Richard Mohrman counsel for Plaintiff Edward Herrera. Adding Greg Mohrman as counsel of record for Edward Herrera for the reason indicated in the G-123 Notice. Filed by Plaintiff Edward Herrera. (Attorney Gregory Richard Mohrman added to party Edward Herrera(pty:pla))(Mohrman, Gregory)
July 15, 2021 Opinion or Order Filing 17 CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] ORDER by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of February 7, 2022. 2. Setting Motion Cut-off date of February 14, 2022. 3. Setting Final Pretrial Conference for March 18, 2022, at 1:30 p.m. 4. Setting Jury Trial Date of April 19, 2022, at 9:00 a.m. (See document for details) (mrgo)
July 14, 2021 Opinion or Order Filing 16 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. Absent extraordinary circumstances, which must satisfy the requirements of Federal Rule of Civil Procedure 16(b) and be brought to the Court's attention in a timely manner, the Court will not modify these dates. The scheduling conference currently on calendar for July 26, 2021 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (See document for details) (mrgo)
July 14, 2021 Opinion or Order Filing 15 PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (See document for details) (mrgo)
July 14, 2021 Opinion or Order Filing 14 ORDER/REFERRAL to ADR Procedure No 3 by Judge Percy Anderson. 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 February 21, 2022. (mrgo)
July 12, 2021 Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 Days, filed by Plaintiff Edward Herrera.. (Colon, Maite)
July 12, 2021 Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Maite Christine Colon counsel for Plaintiff Edward Herrera. Adding Maite Colon as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Edward Herrera. (Attorney Maite Christine Colon added to party Edward Herrera(pty:pla))(Colon, Maite)
July 12, 2021 Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Patricia H Jun counsel for Defendant Ford Motor Company. Adding Patricia H. Jun as counsel of record for Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney Patricia H Jun added to party Ford Motor Company(pty:dft))(Jun, Patricia)
June 14, 2021 Filing 9 SCHEDULING NOTICE by Judge Percy Anderson. Status Conference set for 6/14/2021 at 03:00 PM before Judge Percy Anderson is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
June 14, 2021 Filing 8 SCHEDULING NOTICE by Judge Percy Anderson Status Conference is set for 6/14/2021 at 03:00 PM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
June 14, 2021 Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Max Kalinowski counsel for Plaintiff Edward Herrera. Adding Daniel Kalinowski as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Edward Herrera. (Attorney Daniel Max Kalinowski added to party Edward Herrera(pty:pla))(Kalinowski, Daniel)
June 11, 2021 Opinion or Order Filing 10 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 7/26/2021 at 10:30 AM before Judge Percy Anderson.) (See document for details) (mrgo)
June 11, 2021 Opinion or Order Filing 6 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
June 11, 2021 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
June 11, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Margo A. Rocconi. (jtil)
June 9, 2021 CONFORMED COPY OF COMPLAINT filed by Plaintiff Edward Herrera in Los Angeles Superior Court on 5/4/2021, attached as Exhibit 1 (jtil)
June 9, 2021 NON CONFORMED COPY OF ANSWER to Complaint filed by Defendant Ford Motor Company, attached as Exhibit 2.(jtil)
June 9, 2021 Filing 3 NOTICE of Interested Parties filed by DEFENDANT FORD MOTOR COMPANY, (Mortenson, Michael)
June 9, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant FORD MOTOR COMPANY. (Mortenson, Michael)
June 9, 2021 Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 21STCV16823 Receipt No: ACACDC-31440437 - Fee: $402, filed by DEFENDANT FORD MOTOR COMPANY. (Attachments: #1 Declaration of M. Mortenson, #2 Exhibit 1 to Decl. of M. Mortenson, #3 Exhibit 2 to Decl. of M. Mortenson, #4 Exhibit 3 to Decl. of M. Mortenson, #5 Exhibit 4 to Decl. of M. Mortenson, #6 Exhibit 5 to Decl. of M. Mortenson, #7 Exhibit 6 to Decl. of M. Mortenson, #8 Exhibit 7 to Decl. of M. Mortenson, #9 Exhibit 8 to Decl. of M. Mortenson, #10 Exhibit 9 to Decl. of M. Mortenson) (Attorney Michael Donn Mortenson added to party FORD MOTOR COMPANY(pty:dft))(Mortenson, Michael)

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Plaintiff: EDWARD HERRERA
Represented By: Amy-Lyn Morse
Represented By: Steve Mikhov
Represented By: Daniel Max Kalinowski
Represented By: Maite Christine Colon
Represented By: Gregory Richard Mohrman
Represented By: R. Roger Kirnos
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Defendant: FORD MOTOR COMPANY
Represented By: Michael Donn Mortenson
Represented By: Craig A Taggart
Represented By: Kaisha Sumera Borgaro
Represented By: Patricia H Jun
Represented By: Patricia H. Jun
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Defendant: DOES 1 through 10, inclusive
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