John Cooper et al v. American Honda Motor Co., Inc.
| John Cooper, Ilya Birman and Yosef Ben Zev |
| American Honda Motor Co Inc |
| 2:2022cv09068 |
| December 15, 2022 |
| US District Court for the Central District of California |
| Steve Kim |
| Mark C Scarsi |
| Karen L Stevenson |
| George H Wu |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 54 TEXT ONLY ENTRY by Judge Mark C. Scarsi. The Court, on its own motion, continues the Status Conference from 2/6/2023 to 3/6/2023, at 10:00 AM before Judge Mark C. Scarsi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 53 STATUS REPORT (JOINT) filed by Plaintiffs Ilya Birman, John Cooper, Yosef Ben Zev. (Fegan, Elizabeth) |
| Filing 52 Notice of Appearance or Withdrawal of Counsel: for attorney Mary A Smigielski counsel for Defendant American Honda Motor Co Inc. Mary Ann Smigielski 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 for American Honda Motor Mary Ann Smigielski. (Smigielski, Mary) |
| Filing 51 RESPONSE filed by Pro Hac Vice attorney Rachel Savannah Mahoney on behalf of Defendant American Honda Motor Co Inc. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 50 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Previously Paid on 12/23/2022, Receipt No. ACACDC-34525895) #45 (Attachments: #1 Exhibit New Jersey Certificate of Good Standing)(Lindenfeld, Jonathan) |
Filing 49
ORDER GRANTING APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff John Cooper Ilya Birman and Yosef Ben Zev and designating Jennifer A. Lenze as local counsel #46 by Judge Mark C. Scarsi. (lc)
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Filing 48
ORDER GRANTING APPLICATION of Non-Resident Attorney Jonathan Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper Ilya Birman and Yosef Ben Zev and designating Jennifer A. Lenze as local counsel #45 by Judge Mark C. Scarsi. (lc)
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Filing 47
ORDER GRANTING APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff John Cooper Ilya Birman and Yosef Ben Zev and designating Jennifer A. Lenze as local counsel #42 by Judge Mark C. Scarsi. (lc)
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| Filing 46 APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Previously Paid on 12/23/2022, Receipt No. ACACDC-34525915) filed by Plaintiff John Cooper. (Attachments: #1 Proposed Order) (Lenze, Jennifer) |
| Filing 45 APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Previously Paid on 12/23/2022, Receipt No. ACACDC-34525895) filed by Plaintiff John Cooper. (Attachments: #1 Proposed Order) (Lenze, Jennifer) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: EX PARTE APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525895) #38 and EX PARTE APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525915) #39 by Judge Mark C. Scarsi. The documents are stricken. (smo) |
| Filing 43 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: EX PARTE APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34524410) #37 by Judge Mark C. Scarsi. The document is stricken. (smo) |
| Filing 42 APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Previously Paid on 12/22/2022, Receipt No. ACACDC-34524410) filed by Plaintiff John Cooper. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer) |
| Filing 41 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525895) #38 , EX PARTE APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525915) #39 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Declaration required for unavailability of good standing certificates due to Covid or other delays. See Coronavirus (COVID-19) Guidance. Other error(s) with document(s): Document is an Application not an EX PARTE document. See form caption. (lt) |
| Filing 40 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34524410) #37 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Document is an Application not an EX PARTE document. See form caption. Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 39 EX PARTE APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525915) filed by Plaintiff John Cooper. (Attachments: #1 Proposed Order) (Lenze, Jennifer) |
| Filing 38 EX PARTE APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34525895) filed by Plaintiff John Cooper. (Attachments: #1 Proposed Order) (Lenze, Jennifer) |
| Filing 37 EX PARTE APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff John Cooper (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34524410) filed by Plaintiff John Cooper. (Attachments: #1 Proposed Order) (Attorney Jennifer A Lenze added to party John Cooper(pty:pla)) (Lenze, Jennifer) |
| Filing 36 TEXT ONLY ENTRY by Judge Mark C. Scarsi. On the Court's own motion, the Court continues the Status Conference currently set for 1/26/2023 at 8:30 a.m. to 2/6/2023 at 02:00 PM before Judge Mark C. Scarsi in Courtroom 7C. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk) |
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Filing 35
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-04252 MCS(SKx). Case transferred from Magistrate Judge Karen L. Stevenson and Judge George H. Wu to Judge Mark C. Scarsi and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-09068 MCS(SKx). Signed by Judge Mark C. Scarsi (rn)
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Filing 34
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 33 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; The Court sets a STATUS CONFERENCE for January 26, 2023 at 08:30 AM before Judge George H. Wu. The parties are to file a joint status report by noon on January 24, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Rachel Savannah Mahoney. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Megan E Shannon. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan D Lindenfeld. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 29 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth A Fegan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 28 NOTICE of Related Case(s) filed by Plaintiff Ilya Birman, John Cooper, Yosef Ben Zev. Related Case(s): 2:22-cv-04252-MCS-SK (Attachments: #1 Exhibit Exhibit A)(Lenze, Jennifer) |
| Filing 27 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 26 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 25 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Karen L. Stevenson. (sh) |
| Filing 24 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:22-cv-05299, from Northern District of Illinois. The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-09068 GW (KSx). (sh) |
| Filing 23 ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern |
| Filing 22 TRANSFERRED to the USDC Central District of California the electronic record. (rc, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the parties' stipulation to transfer action #20 , the Clerk is directed to transfer this case to the United States District Court for the Central District of California, forthwith. Accordingly, the telephonic initial status hearing set for 12/15/2022 is stricken. The case will be closed on this Court's docket. Civil case terminated. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 20 STIPULATION to Transfer Action to United States District Court for the Central District of California Pursuant to 28 U.S.C. Section 1404(a) and Proposed Order (Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 19 STATUS Report (Joint Initial) by Ilya Birman, John Cooper, Yosef Ben Zev (Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion to exceed page limitation #16 is granted. Further, in light of Defendant's corrected memorandum in support of Defendants' motion to transfer or dismiss this action #15 , the Clerk is directed to terminate the original version at docket no. #15 as a pending motion on the docket. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 17 MOTION by Defendant American Honda Motor Co., Inc. to transfer case CORRECTED and in the alternative Motion to Dismiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 16 MOTION by Defendant American Honda Motor Co., Inc. for leave to file excess pages Unopposed Motion (Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 15 MOTION by Defendant American Honda Motor Co., Inc. to transfer case and in the alternative Motion to Dismiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion to extend responsive pleading deadline and to continue initial status hearing #11 is granted. Defendant shall file its answer or otherwise respond to Plaintiff's complaint by 12/6/2022. The Court declines to set a date for Plaintiffs to respond to Defendant's responsive pleading at this time. The telephonic initial status hearing set for 12/1/2022 is stricken and reset for 12/15/2022 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 13 MINUTE entry before the Honorable Andrea R. Wood: Motion to appear pro hac vice #9 is granted. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 12 ATTORNEY Appearance for Plaintiffs Ilya Birman, John Cooper, Yosef Ben Zev by Megan Shannon (Shannon, Megan) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 11 MOTION by Defendant American Honda Motor Co., Inc. for extension of time First Request (Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 10 ATTORNEY Appearance for Defendant American Honda Motor Co., Inc. by Rachel Savannah Mahoney (Mahoney, Rachel) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20053744. (Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 8 ATTORNEY Appearance for Defendant American Honda Motor Co., Inc. by Mary A. Smigielski (Smigielski, Mary) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 7 MINUTE entry before the Honorable Andrea R. Wood: Motion to appear pro hac vice #6 is granted. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19954296. (Lindenfeld, Jonathan) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 5 WAIVER OF SERVICE returned executed by John Cooper, Yosef Ben Zev, Ilya Birman. American Honda Motor Co., Inc. waiver sent on 9/30/2022, answer due 11/29/2022. (Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 4 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 12/1/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 3 ATTORNEY Appearance for Plaintiffs Ilya Birman, John Cooper, Yosef Ben Zev by Elizabeth A. Fegan (Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 2 CIVIL Cover Sheet (Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| Filing 1 COMPLAINT filed by John Cooper, Yosef Ben Zev, Ilya Birman; Jury Demand. Filing fee $ 402, receipt number BILNDC-19885873.(Fegan, Elizabeth) [Transferred from Illinois Northern on 12/15/2022.] |
| SUMMONS Issued as to Defendant American Honda Motor Co., Inc. (ey, ) [Transferred from Illinois Northern on 12/15/2022.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mbh, ) [Transferred from Illinois Northern on 12/15/2022.] |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (mbh, ) [Transferred from Illinois Northern on 12/15/2022.] |
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