James Morse v. Ford Motor Company
| James Morse |
| FORD MOTOR COMPANY and DOES 1 through 10, inclusive |
| 2:2022cv03041 |
| May 5, 2022 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Sunshine Suzanne Sykes |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Shaun Gahan counsel for Defendant Ford Motor Company. Adding Andrew S. Gahan as counsel of record for Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney Andrew Shaun Gahan added to party Ford Motor Company(pty:dft))(Gahan, Andrew) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Craig A Taggart counsel for Defendant Ford Motor Company. Patricia H. Jun 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 Ford Motor Company. (Taggart, Craig) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Campbell counsel for Plaintiff James Morse. Adding Christopher Campbell as counsel of record for James Morse for the reason indicated in the G-123 Notice. Filed by Plaintiff James Morse. (Attorney Christopher Campbell added to party James Morse (pty:pla))(Campbell, Christopher) |
Filing 44
MODIFIED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order #43 . (see document for details) (hr)
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| Filing 43 STIPULATION for Protective Order filed by Plaintiff James Morse.(LaRocque, Elizabeth) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Grace Dolin counsel for Plaintiff James Morse. Ariel Harman-Holmes 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 Morse. (Dolin, Tionna) |
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Filing 41
ORDER/REFERRAL to ADR Procedure No 1 by Judge Sunshine Suzanne Sykes. Case ordered to Magistrate Judge Jacqueline Chooljian for Settlement Conference. ADR Proceeding to be held no later than 6/14/2024. (iva)
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Filing 40
CIVIL TRIAL ORDER by Judge Sunshine Suzanne Sykes. Amended Pleadings due by 8/25/2023. Motions due by 5/24/2024. Last date to conduct settlement conference is 6/14/2024. Motion set for hearing on 8/2/2024 at 02:00 PM before Judge Sunshine Suzanne Sykes. Final Pretrial Conference set for 8/9/2024 01:00 PM before Judge Sunshine Suzanne Sykes. Jury Trial set for 8/26/2024 09:00 AM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 39
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge Sunshine S. Sykes: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on July 14, 2023 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff James Morse.. (Attachments: #1 Pretrial and Trial Worksheet)(LaRocque, Elizabeth) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A LaRocque counsel for Plaintiff James Morse. Filed by plaintiff James Morse. (Attorney Elizabeth A LaRocque added to party James Morse (pty:pla))(LaRocque, Elizabeth) |
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Filing 36
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 7/14/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
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| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Attorney Civil Case Opening) #34 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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. (shb) |
| Filing 34 ANSWER to Amended Complaint/Petition #28 filed by Defendant Ford Motor Company.(Jun, Patricia) |
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Filing 33
(IN CHAMBERS) ORDER GRANTING DEFENDANTS MOTION TO DISMISS [DKT. 32] by Judge Sunshine Suzanne Sykes: The Court GRANTS Defendants motion and DISMISSES WITH PREJUDICE Plaintiffs Second Cause of Action (Civil Code 1793.2(B)), Third Cause of Action (1793.2(A)(3)), Fourth Cause of Action (Implied Warranty of Merchantability), and Sixth Cause of Action (Fraudulent Inducement Concealment) and STRIKES Plaintiffs claims for punitive damages without leave to amend. The Court VACATES the hearing regarding this motion scheduled for April 7, 2023. The Court also ORDERS Defendant to file an answer or responsive pleading to the First Amended Complaint no later than April 21, 2023. IT IS SO ORDERED. (shb)
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| Filing 32 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint, NOTICE OF MOTION AND MOTION to Strike Portions of the Amended Complaint/Petition #28 filed by Defendant Ford Motor Company. Motion set for hearing on 4/7/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Patricia J. Hun, #3 Exhibit 1 Zubiate, Gamaty and Cruz Complaints, #4 Exhibit 2 Sales Contract, #5 Proposed Order) (Jun, Patricia) |
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Filing 31
ORDER GRANTING JOINT MOTION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY SEVEN DAYS, #30 by Judge Sunshine Suzanne Sykes: The Court, having considered the Motion and finding good cause therefor, hereby GRANTS the Stipulation and ORDERS as follows: Defendant Ford Motor Companys deadline to respond to the First Amended Complaint is hereby extended to March 10, 2023. IT IS SO ORDERED. (shb)
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| Filing 30 Joint STIPULATION Extending Time to Answer the complaint as to Ford Motor Company answer now due 3/10/2023, re Amended Complaint/Petition #28 filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Jun, Patricia) |
| Filing 29 NOTICE OF LODGING filed re Amended Complaint/Petition #28 (Attachments: #1 Exhibit First Amended Complaint (Redlines))(Law, Daniel) |
| Filing 28 First AMENDED COMPLAINT against Defendant Ford Motor Company amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff James Morse (Attachments: #1 Exhibit Warranty)(Law, Daniel) |
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Filing 27
ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT [DKT. 13] ANDGRANTING PLAINTIFF LEAVE TO AMEND HIS COMPLAINT by Judge Sunshine Suzanne Sykes: Accordingly, Fords Motion is GRANTED. Morse is further GRANTED leave to amend his Complaint to cure the deficiencies identified above. If Morse chooses to file a First Amended Complaint, he shall do so on or before February 19, 2023. Morse is DIRECTED to file contemporaneously therewith a Notice of Lodging to the Complaint that provides the Court with a redline version that shows the amendments. IT IS SO ORDERED. (shb)
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Filing 26
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion to Dismiss [Dkt. 13] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on November 18, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 25
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on Defendant's Motion to Dismiss [Dkt. #13 ] from September 23, 2022, to November 18, 2022, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Reply (Motion related) #23 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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) |
| Filing 23 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Taggart, Craig) |
| Filing 22 OPPOSITION filed by Plaintiff James Morse. (Dolin, Tionna) |
| Filing 21 NOTICE of Appearance filed by attorney Tionna Dolin on behalf of Plaintiff James Morse (Dolin, Tionna) |
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Filing 20
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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Filing 19
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge Sunshine S. Sykes: On July 29, 2022, the Court issued an order to show cause why sanctions should not be imposed for the failure of counsel to file the Court-ordered case management statement [Dkt. 15]. On August 12, 2022, counsel filed their respective Declarations (the "Declarations") [Dkts. 16 & 17] and Joint Case Management Statement (the "Statement") [Dkt. 18] in response to the Court's OSC. The Court accepts Declarations and Statement and hereby orders the OSC DISCHARGED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff James Morse.. (Harman-Holmes, Ariel) |
| Filing 17 RESPONSE filed by Plaintiff James Morse to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #15 (Harman-Holmes, Ariel) |
| Filing 16 RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #15 (Taggart, Craig) |
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Filing 15
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE AS TO WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH THIS COURT'S REASSIGNMENT ORDER by Judge Sunshine Suzanne Sykes. Accordingly, the Court ORDERS counsel for Plaintiff - Ariel Harman-Holmes and Tionna Dolin - and counsel for Defendant - Craig A. Taggart; Michael Donn Mortenson; Patricia H. Jun - to show cause why they should noteach be sanctioned in the amount of $250 for their failure to comply with the Court's Reassignment Order #11 . Counsel is required to respond in writing on or before August 12, 2022, at 12:00 noon. (lom)
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| Filing 14 NOTICE of Interested Parties filed by Defendant Ford Motor Company, (Taggart, Craig) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Ford Motor Company. Motion set for hearing on 9/23/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of C. Taggart, #3 Exhibit 1 to Decl. of C. Taggart, #4 Exhibit 2. to Decl. of C. Taggart, #5 Proposed Order) (Attorney Craig A Taggart added to party Ford Motor Company(pty:dft)) (Taggart, Craig) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Morse, upon Defendant Ford Motor Company served on 7/5/2022, answer due 7/26/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Intake Specialist, CT Corporation Inc., Registered Agent, authorized to accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Dolin, Tionna) |
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Filing 11
REASSIGNMENT ORDER by Judge Sunshine Suzanne Sykes: Please refer to Order for complete details., (iva)
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Filing 10
ORDER OF THE CHIEF JUDGE (#OCJ 22-121) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Sykes, Sunshine Suzanne, this case is transferred from Judge George H. Wu to the calendar of Judge Sunshine Suzanne Sykes for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-03041. (aco)
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Filing 9
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. [SEE DOCUMENT FOR FURTHER DETAILS]. (aco)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Ford Motor Company. (jtil) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Jacqueline Chooljian. (jtil) |
| Filing 4 Certification and NOTICE of Interested Parties filed by plaintiff James Morse, identifying James Morse. (Dolin, Tionna) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Morse. (Dolin, Tionna) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff James Morse. (Dolin, Tionna) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33248463 - Fee: $402, filed by Plaintiff James Morse. (Attachments: #1 Exhibit A - 2018 Ford F-150 Express Warranty) (Attorney Tionna Dolin added to party James Morse (pty:pla))(Dolin, Tionna) |
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