Fermina Silva et al v. FCA US LLC
| Fermina Silva and Marshal Silva |
| FCA US LLC |
| 2:2022cv03969 |
| June 9, 2022 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Mark C Scarsi |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ORDER ON STIPULATION FOR ATTORNEY FEES #38 by Judge Mark C. Scarsi: Plaintiffs FERMINA SILVA and MARSHAL SILVA accepted Defendant FCA US, LLC's Offer on February 27, 2023. The Parties have agreed Defendant FCA US LLC will pay $26,500.00 to resolve Plaintiffs' attorneys' fees, costs, and expenses. Upon satisfaction of funding, Plaintiffs shall dismiss the case with prejudice as to all parties within 5 business days of receiving funding. Accordingly, the Court hereby enters an ORDER pursuant to the terms of the Offer and awards $26,500.00 for Plaintiffs' reasonably incurred attorneys' fees, costs, and expenses as outlined in the Parties' Joint Stipulation. (lc)
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| Filing 38 Joint STIPULATION for Attorney Fees in the amount of $26,500.00, Joint STIPULATION for Order Request for Entry of Order Pursuant to FRCP 68(a) filed by Fermina Silva and Marshal Silva Fermina Silva, Marshal Silva. (Attachments: #1 Proposed Order)(Dolin, Tionna) |
| Filing 37 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: REQUEST FOR ENTRY OF JUDGMENT #36 . Plaintiffs Fermina Silva and Marshal Silva filed a request for entry of judgment pursuant to Federal Rule of Civil Procedure 68(a). The Court has no discretion to refuse a Rule 68 judgment. However, Plaintiffs' submission demands some clarification before a judgment is entered (SEE DOCUMENT FOR SPECIFICS). Because the Court is uncertain as to whether Defendant madeand Plaintiffs accepted an offer of judgment under Rule 68, or that the parties agreed to entry of judgment "in favor of Plaintiffs" at all, (Proposed Judgment, ECF No. 36-1), the Court declines to enter judgment at this time. The Court applauds the parties' efforts to resolve this case and is available to facilitate the resolution of the case in whatever manner the parties deem appropriate. Based on the parties representation that they have reached an agreement to resolve the case, the Court on its own motion vacates the case schedule and dismisses the case without prejudice. The Court retains jurisdiction to vacate this Order and reopen the action within 45 days upon a request supported by a showing of good cause why the settlement cannot be completed within the 45-day period, explaining what further settlement processes are necessary and when the party or parties making the request reasonably expect the process to be concluded. This Order does not preclude the filing of a stipulation of dismissal with prejudice, which does not require the approval of the Court, Fed. R. Civ. P. 41(a)(1)(A), or a renewed request for entry of judgment clarifying the parties' intent. Such submissions shall be filed within 45 days unless otherwise ordered by the Court pursuant to a stipulation of the parties supported by good cause. (Made JS-6. Case Terminated.) (lc) |
| Filing 36 REQUEST for Order for Entry of Judgment Pursuant to FRCP 68(a) filed by Fermina Silva and Marshal Silva Fermina Silva, Marshal Silva. (Attachments: #1 Proposed Order Proposed Judgment) (Dolin, Tionna) |
| Filing 35 MINUTES (IN CHAMBERS) RE: MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. #32 ) by Judge Mark C. Scarsi. The motion is granted. The Court deems Plaintiffs' failure to timely respond to the motion as their consent to the granting of the motion. See minute order for details. (lom) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Caitlin Jane Scott counsel for Plaintiffs Fermina Silva, Marshal Silva. Adding Caitlin J. Scott as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff FERMINA SILVA and MARSHAL SILVA. (Attorney Caitlin Jane Scott added to party Fermina Silva(pty:pla), Attorney Caitlin Jane Scott added to party Marshal Silva(pty:pla))(Scott, Caitlin) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Nino Sanaia counsel for Plaintiffs Fermina Silva, Marshal Silva. Adding Nino Sanaia as counsel of record for FERMINA SILVA and MARSHAL SILVA for the reason indicated in the G-123 Notice. Filed by Plaintiff FERMINA SILVA and MARSHAL SILVA. (Attorney Nino Sanaia added to party Fermina Silva(pty:pla), Attorney Nino Sanaia added to party Marshal Silva(pty:pla))(Sanaia, Nino) |
| Filing 32 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Fed. R. Civ P. 12(c) filed by Defendant FCA US LLC. Motion set for hearing on 3/6/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Atty iso MJOP, #2 Exhibit 1 to Atty Declaration, #3 Exhibit 2 to Atty Declaration, #4 Exhibit 3 to Atty Declaration, #5 Declaration of James Bielenda iso MJOP, #6 Exhibit 1 to Bielenda Declaration, #7 Exhibit 2 to Bielenda Declaration, #8 Exhibit 3 to Bielenda Declaration, #9 Exhibit 4 to Bielenda Declaration, #10 Exhibit 5 to Bielenda Declaration, #11 Exhibit 6 to Bielenda Declaration, #12 Proposed Order, #13 Certificate of Service) (Clayton, Trina) |
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Filing 31
ORDER ON SECOND JOINT STIPULATION TO CONTINUE TRIAL DATES AND RELATED DEADLINES #30 by Judge Mark C. Scarsi: Final Pretrial Conference set for 6/26/2023 02:00 PM; Jury Trial set for 7/11/2023 08:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 30 Second STIPULATION to Continue Trial Dates and Related Deadlines from Currently Set to 120 days later or as ordered by the Court filed by Plaintiffs' Attorney Fermina Silva, Marshal Silva. (Attachments: #1 Proposed Order, #2 Declaration Clayton Declaration, #3 Declaration Harman-Holmes Declaration)(Harman-Holmes, Ariel) |
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Filing 29
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: JOINT STIPULATION TO CONTINUE TRIAL DATES AND RELATED DEADLINES. The Court denies the stipulation for failure to present "a detailed declaration of counsel" establishing "why the change in the date is essential," (Initial Standing Order 4, ECF No. 8), and for failure to present good cause for a continuance. (lc)
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| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: ONLY the Proposed Order to the Stipulation to Continue[27-1]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order 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) |
| Filing 27 Joint STIPULATION to Continue Trial and Related Dates from Currently Set to 120 days later or as ordered by the Court filed by Plaintiffs' Attorney Fermina Silva, Marshal Silva. (Attachments: #1 Proposed Order)(Harman-Holmes, Ariel) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiffs Fermina Silva, Marshal Silva. Adding Ariel Harman-Holmes as counsel of record for Fermina Silva and Marshal Silva for the reason indicated in the G-123 Notice. Filed by Plaintiffs Fermina Silva and Marshal Silva. (Attorney Ariel Harman-Holmes added to party Fermina Silva(pty:pla), Attorney Ariel Harman-Holmes added to party Marshal Silva(pty:pla))(Harman-Holmes, Ariel) |
| Filing 25 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 24
ORDER/REFERRAL to ADR Procedure No 3 by Judge Mark C. Scarsi. 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 March 13, 2023. (smo)
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Filing 23
ORDER RE: JURY TRIAL by Judge Mark C. Scarsi. Final Pretrial Conference set for 5/22/2023 at 2:00 PM and Jury Trial set for 6/6/2023 at 8:30 AM before Judge Mark C. Scarsi. See document for additional pretrial dates and deadlines. (smo)
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Filing 22
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: 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 September 12, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiffs Fermina Silva, Marshal Silva.. (Harman-Holmes, Ariel) |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Consent to Proceed before US Magistrate Judge - DECLINED by Party #15 by Judge Mark C. Scarsi. The document is stricken. (smo) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 9/12/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 18 NOTICE of Interested Parties filed by Defendant FCA US LLC, identifying FCA US LLC, FCA North America Holdings LLC, FCA Holdco B.V., Stellantis N.V. (formerly known as Fiat Chrysler Automobiles, N.V.). (Attachments: #1 Certificate of Service)(Clayton, Trina) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Clayton, Trina) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed before US Magistrate Judge - DECLINED by Party #15 . The following error(s) was/were found: The filing of a Declination Statement of Consent to Proceed before a Magistrate Judge only applies to cases under the "Magistrate Judge Direct Assignment Program", wherein the initial judge assignment as the presider of the case is assigned to a magistrate judge. This case is not under that program. 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. (rn) |
| Filing 15 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c. (Attachments: #1 Certificate of Service)(Vilchez, Katherine) |
| Filing 14 NOTICE of Appearance filed by attorney Trina M. Clayton on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Clayton, Trina) |
| Filing 13 NOTICE of Appearance filed by attorney Katherine Pollard Vilchez on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Vilchez, Katherine) |
| Filing 12 NOTICE of Appearance filed by attorney Spencer Peter Hugret on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Hugret, Spencer) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to FCA US LLC answer now due 7/12/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Clayton, Trina) |
| Filing 10 NOTICE of Appearance filed by attorney Trina M. Clayton on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Trina M. Clayton added to party FCA US LLC(pty:dft))(Clayton, Trina) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant FCA US LLC. (jtil) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| 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 Mark C. Scarsi and Magistrate Judge Paul L. Abrams. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Fermina Silva, Marshal Silva, (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 Fermina Silva, Marshal Silva. (Dolin, Tionna) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Fermina Silva, Marshal Silva. (Dolin, Tionna) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33447045 - Fee: $402, filed by Plaintiff Fermina Silva, Marshal Silva. (Attorney Tionna Dolin added to party Fermina Silva(pty:pla), Attorney Tionna Dolin added to party Marshal Silva(pty:pla))(Dolin, Tionna) |
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