Erin Smith v. FCA US LLC, et al
| Erin Smith |
| Scott Robinson Chrysler Dodge Jeep Ram, FCA US LLC and Does 1 through 10, inclusive |
| 2:2021cv05347 |
| July 1, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Alexander F MacKinnon |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER DISMISSING ACTION #42 by Judge Fernando L. Aenlle-Rocha: On October 30, 2023, Plaintiff Erin Smith and Defendant FCA US, LLC filed a Joint Motion for Dismissal, moving to dismiss the action pursuant to Fed. R. Civ. P. 41(a)(2). Dkt. 42. Having considered the Motion and finding good cause therefor, the court hereby ORDERS: 1. All dates and deadlines governing this action are VACATED.2. The court DISMISSES the action with prejudice. (lc)
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Filing 42
Joint NOTICE OF MOTION AND MOTION to Dismiss Case with prejudice filed by Plaintiff Erin Smith. (Attachments: #1 Proposed Order ORDER GRANTING JOINT MOTION FOR DISMISSAL) (Dolin, Tionna)
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Filing 41
JUDGMENT PURSUANT TO ACCEPTANCE OF FED. R. CIV. P. 68 OFFER OF JUDGMENT by Judge Fernando L. Aenlle-Rocha: On May 8, 2023, Plaintiff Erin Smith accepted Defendant FCA US LLCs Offer of Judgment Pursuant to Fed. R. Civ. P. 68 #40 . Defendant has also agreed FCA US LLC will pay $30,000.00 to resolve Plaintiffs attorneys fees, costs, and expenses. Id. Accordingly, the court enters Judgment in favor of Plaintiff pursuant to Rule 68(a). (MD JS-6. Case Terminated). (lc)
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Filing 40
REQUEST for Judgment Pursuant to FRCP 68(a) filed by Plaintiff Erin Smith. (Attachments: #1 Proposed Order Proposed Judgment) (Dolin, Tionna)
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Filing 39
Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiff Erin Smith. Adding Ariel Harman-Holmes as counsel of record for Erin Smith for the reason indicated in the G-123 Notice. Filed by Plaintiff Erin Smith. (Attorney Ariel Harman-Holmes added to party Erin Smith(pty:pla))(Harman-Holmes, Ariel)
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Filing 38
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 8/11/2023 01:00 PM; Jury Trial set for 8/29/2023 08:30 AM; Motion in Limine set for hearing on 8/11/2023 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 37
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. 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 07/07/2023. (hc)
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Filing 36
(IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the September 2, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 35
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Erin Smith.. (Harman-Holmes, Ariel)
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Filing 34
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge Fernando L. Aenlle-Rocha: On July 25, 2022, the court set the Scheduling Conference for September 2, 2022. (Dkt. #32 ). The parties were required to file a Joint Report at least fourteen days prior to the Scheduling Conference, by August 19, 2022. Id. The parties failed to file the Joint Report. Counsel shall file the report no later than August 26, 2022. The Scheduling Conference is continued to September 9, 2022 at 1:00 PM. Counsel are reminded to adhere to the deadlines set by the court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 33
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #30 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (lom)
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Filing 32
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 9/2/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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Filing 31
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT FCA US LLC by Judge Fernando L. Aenlle-Rocha:On July 6, 2022, the court Ordered Plaintiff to Show Cause in writing ("OSC") why the action should not be dismissed for lack of prosecution. (Dkt. 24 ). Plaintiff filed a response on July 18, 2022 (Dkt. #28 ). Having reviewed Plaintiffs response, the court DISCHARGES the OSC. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 30
STIPULATION Extending Time to Answer the complaint as to FCA US LLC answer now due 7/26/2022, filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Lambert, Sarah)
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Filing 29
ANSWER to Complaint - (Discovery) filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Lambert, Sarah)
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Filing 28
DECLARATION of Daniel Law re Text Only Scheduling Notice,,,, 24 filed by Plaintiff Erin Smith. (Law, Daniel)
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Filing 27
NOTICE of Appearance filed by attorney Eric D Sentlinger on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Eric D Sentlinger added to party FCA US LLC(pty:dft))(Sentlinger, Eric)
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Filing 26
NOTICE of Appearance filed by attorney Sarah Marie Carlson Lambert on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Sarah Marie Carlson Lambert added to party FCA US LLC(pty:dft))(Lambert, Sarah)
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Filing 25
NOTICE of Appearance filed by attorney Spencer Peter Hugret on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Hugret, Spencer)
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Filing 24
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT FCA US LLC by Judge Fernando L. Aenlle-Rocha: The case was removed to this Court. Pursuant to Rule 81 of the Federal Rules of Civil Procedure, a response to the Complaint is due the later of 21 days after receiving a copy of the initial pleading, 21 days after being served with the summons, or 7 days after the notice of removal is filed. A proof of service indicating that Defendant has been served with the Complaint, or a response to the Complaint have not been filed. Accordingly, Plaintiff is ordered to show cause in writing on or before July 18, 2022, why this defendant should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. Therefore, the Order to Show Cause will stand submitted upon the filing of an appropriate response, proof(s) of service, the filing of an answer by Defendant(s), and/or an application for the entry of default pursuant to Rule 55 of the Federal Rules of Civil Procedure. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 23
ORDER DENYING PLAINTIFF'S MOTION TO REMAND #12 by Judge Fernando L. Aenlle-Rocha:The court finds Defendant has shown by a preponderance of the evidence that the amount in controversy exceeds $75,000.00, and jurisdiction is proper under 28 USC 1332. Plaintiff's Motion to Remand is DENIED. (lc)
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Filing 22
ORDER GRANTING SUBSTITUTION of Attorney Spencer P. Hugret/GORDON REES SCULLY MANUKANI LLP in Place of attorney Richard I. Stuhlbarg / BOWMAN AND BROOKE LLP and Jennifer C. Koo for Defendant FCA US LLC. #21 by Judge Fernando L. Aenlle-Rocha (lc) Modified on 7/1/2022 (lc). Modified on 7/1/2022 (lc).
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Filing 21
REQUEST TO SUBSTITUTE ATTORNEY Spencer P. Hugret in place of attorney Richard L. Stuhlbarg, Jennifer C. Koo filed by Defendant FCA US LLC. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attoney) (Stuhlbarg, Richard)
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Filing 20
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document by FCA #18 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc)
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Filing 19
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: FCA US LLC 's Miscellaneous Document #18 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Request: Substitute Attorney (G-01). Incorrect event used does NOT provide any relief as sought. Missing corresponding proposed order form (G-01), which should have been submitted as a separate attachment. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
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Filing 18
Request for Approval of Substitution or Withdrawal of Counsel filed by Defendant FCA US LLC (Stuhlbarg, Richard)
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Filing 17
NOTICE of Change of address by Tionna Dolin attorney for Plaintiff Erin Smith. Changing attorneys address to 1888 Century Park East, 19th Floor, Los Angeles,CA 90067. Filed by Plaintiff Erin Smith. (Dolin, Tionna)
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Filing 16
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFFS MOTION FOR REMAND (DKT. #12 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that the motion currently scheduled for hearing on September 24, 2021, 1:30 p.m., is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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Filing 15
DECLARATION of Jennifer C. Koo in support of opposition NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendant FCA US LLC. (Koo, Jennifer)
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Filing 14
Opposition Opposition to re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendant FCA US LLC. (Attachments: #1 Declaration of Jennifer C. Koo; Exhibit A)(Koo, Jennifer)
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Filing 13
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Erin Smith. (Law, Daniel)
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Filing 12
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Erin Smith. Motion set for hearing on 9/24/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Plaintiff's Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand, #2 Declaration Declaration of Daniel Law In Support of Remand, #3 Proposed Order Proposed Order Granting Remand) (Law, Daniel)
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Filing 11
NOTICE of Appearance filed by attorney Daniel A Law on behalf of Plaintiff Erin Smith (Attorney Daniel A Law added to party Erin Smith(pty:pla))(Law, Daniel)
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
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Filing 9
NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alexander F. MacKinnon to Judge Fernando L. Aenlle-Rocha for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Gail J. Standish. The case number will now reflect the initials of the transferee Judges 2:21-cv-05347 FLA(GJSx). (rn)
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Filing 8
STATEMENT of Consent to Proceed Before a United States Magistrate Judge (Koo, Jennifer)
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Filing 7
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. (es)
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Filing 6
NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 CV11C) (esa)
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Filing 5
DECLARATION of Jennifer C. Koo in Support of FCA US LLC's Notice of Removal (Exhibits A-R) filed by Defendant FCA US LLC. (Koo, Jennifer)
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Filing 4
DECLARATION of Richard Stuhlbarg re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant FCA US LLC. (Koo, Jennifer)
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Filing 3
CIVIL COVER SHEET filed by Defendant FCA US LLC. (Koo, Jennifer)
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Filing 2
NOTICE of Interested Parties filed by Defendant FCA US LLC, identifying Erin Smith; FCA US LLC; FCA North America Holdings, LLC; FCA Holdco B.V.; Stellantis N.V. (formerly knows as Fiat Chrysler Automobiles N.V.). (Koo, Jennifer)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court - Central/Stanley Mosk, case number 20STCV37031 Receipt No: ACACDC-31561901 - Fee: $402, filed by Defendant FCA US LLC. (Attorney Jennifer Koo added to party FCA US LLC(pty:dft))(Koo, Jennifer)
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CONFORMED COPY OF COMPLAINT against defendants Does, FCA US LLC, Scott Robinson Chrysler Dodge Jeep Ram, Jury Demanded, filed by plaintiff Erin Smith. (filed in state court 9/25/20, submitted as document 5, p. 8) (esa)
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COPY OF REQUEST FOR DISMISSAL as to Defendant Scott Robinson Chrysler Dodge Jeep Ram, filed by plaintiff Erin Smith, PENDING state court action. (filed 6/1/21, submitted as document 5, p. 109)(esa)
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