James Brusca v. Ford Motor Company, et al
| James Brusca |
| Ford Motor Company, Vista Ford Inc. and Does 1 through 10, inclusive |
| 2:2021cv06347 |
| August 5, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Maame Ewusi-Mensah Frimpong |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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Filing 53
ORDER GRANTING JOINT STIPULATION FOR COSTS [ECF NO. #52 ] by Judge Maame Ewusi-Mensah Frimpong. The Court hereby enters an ORDER in favor of Plaintiff in the amount of $42,000.00 to resolve Plaintiff's attorneys' fees, costs, and expenses. IT IS SO ORDERED. (yl)
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| Filing 52 Joint STIPULATION for Costs against Ford Motor Company filed by Plaintiff James Brusca. (Attachments: #1 Proposed Order)(Dolin, Tionna) |
| Filing 51 Joint STIPULATION for Order to Continue Jurisdiction filed by Plaintiff James Brusca. (Attachments: #1 Proposed Order)(Dolin, Tionna) |
| Filing 50 JUDGMENT by Judge Maame Ewusi-Mensah Frimpong. The Court enters JUDGMENT in favor of Plaintiff pursuant to the terms of the Rule 68. IT IS SO ORDERED. (MD JS-6, Case Terminated). (yl) |
| Filing 49 REQUEST for Judgment Pursuant to FRCP 68(a) filed by Plaintiff James Brusca. (Attachments: #1 Proposed Judgment) (Dolin, Tionna) |
| Filing 48 Notice of Withdrawal of Motion for Summary Judgment,,,, Motion for Partial Summary Judgment,,, #45 filed by Defendant Ford Motor Company. (Jun, Patricia) |
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Filing 47
ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND ALL RELATED DEADLINES [ECF NO. #46 ] by Judge Maame Ewusi-Mensah Frimpong. The jury trial is set for 10/16/2023 at 8:30 am. The Final Pretrial Conference is set for 9/27/2023 at 9:00 am. The discovery cut-off is 4/12/2023. The last date to conduct settlement conference is 7/19/2023. (See document for further details) (yl)
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| Filing 46 Joint STIPULATION to Continue Trial and All Related Deadlines from June 12, 2023 to October 16, 2023 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Patricia H. Jun, #2 Exhibit A Schedule of Pretrial and Trial Dates Worksheet, #3 Proposed Order)(Jun, Patricia) |
| Filing 45 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Plaintiff's Complaint, Or In the Alternative , NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendant Ford Motor Company. Motion set for hearing on 3/2/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Judgment, #4 Separate Statement, #5 Declaration of Patricia H. Jun, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Proposed Order) (Jun, Patricia) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Christine J Haw counsel for Plaintiff James Brusca. Adding Christine J. Haw as counsel of record for James Brusca for the reason indicated in the G-123 Notice. Filed by plaintiff James Brusca. (Attorney Christine J Haw added to party James Brusca(pty:pla))(Haw, Christine) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Caitlin Jane Scott counsel for Plaintiff James Brusca. Adding Caitlin J. Scott as counsel of record for James Brusca for the reason indicated in the G-123 Notice. Filed by plaintiff James Brusca. (Attorney Caitlin Jane Scott added to party James Brusca(pty:pla))(Scott, Caitlin) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #40 . 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 40 NOTICE of Appearance filed by attorney Tionna Dolin on behalf of Plaintiff James Brusca (Dolin, Tionna) |
| Filing 39 STATEMENT First Amended Joint Case Management filed by Plaintiff James Brusca (Dolin, Tionna) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Dolin counsel for Plaintiff James Brusca. 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 James Brusca. (Dolin, Tionna) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiff James Brusca. Adding Ariel Harman-Holmes as counsel of record for James Brusca for the reason indicated in the G-123 Notice. Filed by Plaintiff James Brusca. (Harman-Holmes, Ariel) |
| Filing 36 CASE MANAGEMENT STATEMENT REPORT of Amended Joint Case Management Statement filed by Plaintiff James Brusca. (Harman-Holmes, Ariel) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiff James Brusca. Adding Ariel Harman-Holmes as counsel of record for James Brusca for the reason indicated in the G-123 Notice. Filed by plaintiff James Brusca. (Attorney Ariel Harman-Holmes added to party James Brusca(pty:pla))(Harman-Holmes, Ariel) |
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Filing 34
ORDER DENYING MOTION TO REMAND by Judge Maame Ewusi-Mensah FrimpongIn light of the foregoing, the Court hereby DENIES the Motion to Remand, GRANTS Bruscas unopposed Request to Take Judicial Notice of Exhibits AJ, and GRANTS Fords unopposed Request to Take Judicial Notice of the parties Lease Agreement. The parties are ORDERED to file a joint status reportto include a current copy of the Schedule of Pretrial and Trial Dates Worksheet attached to the Courts Order Setting Scheduling Conferencewithin thirty (30) days of this Order.7 The parties are required to meet and confer regarding their availability prior to submitting this joint status report. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 33 TEXT ONLY ENTRY by Maame Ewusi-Mensah Frimpong. The Court finds the Pltf's Motion to Remand to Superior Court of the State of California for the County of Los Angeles #14 and the Re-Noticed Motion #29 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for MARCH 24, 2022, is removed from the calendar and the motions are taken under submission. No appearances are necessary on March 24, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 32 REPLY in support Renewed NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #29 filed by Plaintiff James Brusca. (Attachments: #1 Supplement Evidentiary Objections to Mortenson Dec (Dkt. No. 31-1))(Law, Daniel) |
| Filing 31 OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #29 filed by Defendant Ford Motor Company. (Attachments: #1 Civil Cover Sheet of M. Mortenson, #2 Exhibit 1 to Decl. of M. Mortenson, #3 Exhibit 2 to Decl. of M. Mortenson)(Mortenson, Michael) |
| Filing 30 REQUEST FOR JUDICIAL NOTICE re Renewed NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #29 filed by Plaintiff James Brusca. (Law, Daniel) |
| Filing 29 Renewed NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff James Brusca. Motion set for hearing on 3/24/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (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) |
| Filing 28 STATEMENT Case Management Statement Pursuant to Reassignment Order filed by Plaintiff James Brusca (Kuemerle, Karin) |
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Filing 27
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the attached order for complete details. IT IS SO ORDERED. (kd)
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Filing 26
ORDER OF THE CHIEF JUDGE (#22-008) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge Andre Birotte Jr to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-06347-MEMF-GJSx. (vp)
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| Filing 25 NOTICE of Change of address by Tionna Dolin attorney for Plaintiff James Brusca. Changing attorneys address to 1888 Century Park East, 19th Floor, Los Angeles,CA 90067. Filed by Plaintiff James Brusca. (Dolin, Tionna) |
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Filing 24
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: Dkt. No. 22 is STRICKEN. Plaintiff is directed to the "Important Notices" section on Judge Birotte's webpage for information on telephonic appearances. SO ORDERED. (cb)
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Filing 23
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION TO REMAND #14 and SCHEDULING CONFERENCE by Judge Andre Birotte Jr. The hearing regarding Plaintiff's Motion and the Scheduling Conference is CONTINUED from January 28, 2022 to March 11, 2022, at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 22 [STRICKEN] REQUEST for Leave of Karin Kuemerle to Appear for Remote Appearance filed by Plaintiff James Brusca. Request set for hearing on 1/28/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Karin Kuemerle in Support of Plaintiff's Request for Telephonic Appearance at the January 28, 2022 Hearing on Plaintiff's Motion to Remand, #2 Proposed Order Granting Plaintiff's Request for Telephonic Appearance at the January 28, 2022 Hearing on Plaintiff's Motion to Remand) (Kuemerle, Karin) Modified on 1/27/2022 (cb). |
| Filing 21 OBJECTIONS in Support re: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California for the County of Los Angeles #14 filed by Plaintiff James Brusca. (Law, Daniel) |
| Filing 20 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California for the County of Los Angeles #14 filed by Plaintiff James Brusca. (Law, Daniel) |
| Filing 19 Opposition in opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California for the County of Los Angeles #14 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration Declaration of Michael D. Mortenson, #2 Exhibit Exhibit 1 to Declaration, #3 Exhibit Exhibit 2 to Declaration, #4 Exhibit Exhibit 3 to Declaration)(Jun, Patricia) |
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Filing 18
(IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: The Court, on its own motion, continues the Scheduling Conference set for January 7, 2022 to February 18, 2022 at 10:00 AM before Judge Andre Birotte Jr. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 17 NOTICE of Appearance filed by attorney Karin Kuemerle on behalf of Plaintiff James Brusca (Attorney Karin Kuemerle added to party James Brusca(pty:pla))(Kuemerle, Karin) |
| Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff James Brusca.. (Attachments: #1 Exhibit Pretrial and Trial Dates Worksheet)(Law, Daniel) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California for the County of Los Angeles #14 filed by Plaintiff James Brusca. (Law, Daniel) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the State of California for the County of Los Angeles filed by Plaintiff James Brusca. Motion set for hearing on 1/28/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Daniel Law in Support of Plaintiff's Motion to Remand, #2 Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand, #3 Proposed Order Granting Plaintiff's Motion To Remand) (Law, Daniel) |
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Filing 13
ORDER GRANTING JOINT STIPULATION TO CONTINUE THE SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: The Court ORDERS that the Stipulation #12 is GRANTED. The Scheduling Conference is CONTINUED to 1/7/2022 at 10:00 AM before Judge Andre Birotte Jr., and all associated and related deadlines are continued accordingly. (gk)
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| Filing 12 Joint STIPULATION to Continue Scheduling Conference from October 29, 2021 to at least sixty (60) days from October 29, 2021 Re: Initial Order Setting R26 Scheduling Conference - form only #9 filed by Plaintiff James Brusca. (Attachments: #1 Declaration of Daniel Law in Support of Joint Stipulation to Continue October 29, 2021 Scheduling Conference, #2 Proposed Order Granting Joint Stipulation to Continue October 29, 2021 Scheduling Conference)(Law, Daniel) |
| Filing 11 Certification and NOTICE of Interested Parties filed by plaintiff James Brusca, identifying James Brusca. (Law, Daniel) |
| Filing 10 NOTICE of Appearance filed by attorney Daniel A Law on behalf of Plaintiff James Brusca (Attorney Daniel A Law added to party James Brusca(pty:pla))(Law, Daniel) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/29/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 7
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge John A. Kronstadt. Case transferred from Judge John A. Kronstadt to the calendar of Judge Andre Birotte Jr for all further proceedings. Case number now reads as 2:21-cv-06347 AB(GJSx). (rn)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Gail J. Standish. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Ford Motor Company, Vista Ford Inc., Jury Demanded, filed by plaintiff James Brusca. (filed in state court 4/23/21, submitted as document 1, attachment 2) (esa) |
| COPY OF REQUEST FOR DISMISSAL filed by plaintiff James Brusca as to defendant Vista Ford Inc. (filed in state court 7/1/21, submitted as document 1, attachment 7) (esa) |
| COPY OF ANSWER to Complaint filed by defendant Ford Motor Company. (filed in state court 8/3/2021, submitted as document 1, attachment 17)(esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiff James Brusca, upon Defendant Ford Motor Company served on 5/6/2021. Service of the Summons and Complaint were executed upon CT Corporation, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (filed in state court 5/11/2021, submitted as document 1, attachment 19) (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiff James Brusca, upon Defendant Vista Ford Inc. served on 5/6/2021. Service of the Summons and Complaint were executed upon Salina Doe, Receptionist and by mailing in compliance with California Code of Civil Procedure. Original Summons NOT returned. (filed in state court 5/11/2021, submitted as document 1, attachment 20) (esa) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Ford Motor Company, identifying Ford Motor Company. (Mortenson, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, case number 21STCV15504 Receipt No: ACACDC-31757634 - Fee: $402, filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Michael D. Mortenson in Support of Notice of Removal, #2 Exhibit 1 to Declaration of Michael D. Mortenson, #3 Exhibit 2 to Declaration of Michael D. Mortenson, #4 Exhibit 3 to Declaration of Michael D. Mortenson, #5 Exhibit 4 to Declaration of Michael D. Mortenson, #6 Exhibit 5 to Declaration of Michael D. Mortenson, #7 Exhibit 6 to Declaration of Michael D. Mortenson, #8 Exhibit 7 to Declaration of Michael D. Mortenson, #9 Exhibit 8 to Declaration of Michael D. Mortenson, #10 Exhibit 9 to Declaration of Michael D. Mortenson, #11 Exhibit 10 to Declaration of Michael D. Mortenson, #12 Exhibit 11 to Declaration of Michael D. Mortenson, #13 Exhibit 12 to Declaration of Michael D. Mortenson, #14 Exhibit 13 to Declaration of Michael D. Mortenson, #15 Exhibit 14 to Declaration of Michael D. Mortenson, #16 Exhibit 15 to Declaration of Michael D. Mortenson, #17 Exhibit 16 to Declaration of Michael D. Mortenson, #18 Exhibit 17 to Declaration of Michael D. Mortenson, #19 Exhibit 18 to Declaration of Michael D. Mortenson, #20 Exhibit 19 to Declaration of Michael D. Mortenson, #21 Exhibit 20 to Declaration of Michael D. Mortenson, #22 Exhibit 21 to Declaration of Michael D. Mortenson, #23 Exhibit 22 to Declaration of Michael D. Mortenson, #24 Exhibit 23 to Declaration of Michael D. Mortenson) (Attorney Michael Donn Mortenson added to party Ford Motor Company(pty:dft))(Mortenson, Michael) |
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