Coleman McDonagh v. American Honda Motor Co., Inc. et al
| Coleman McDonagh |
| American Honda Motor Co., Inc. and Does 1 through 10, inclusive |
| 2:2023cv00350 |
| January 17, 2023 |
| US District Court for the Central District of California |
| Andre Birotte |
| Michael R Wilner |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Campbell counsel for Plaintiff Coleman McDonagh. Adding Christopher Campbell as counsel of record for Coleman McDonagh for the reason indicated in the G-123 Notice. Filed by plaintiff Coleman McDonagh. (Attorney Christopher Campbell added to party Coleman McDonagh(pty:pla))(Campbell, Christopher) |
| Filing 36 ANSWER to Amended Complaint/Petition #25 filed by Defendant American Honda Motor Co., Inc. American Honda Motor Co., Inc..(Tahsildoost, Soheyl) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Grace Dolin counsel for Plaintiff Coleman McDonagh. 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 Coleman McDonagh. (Dolin, Tionna) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A LaRocque counsel for Plaintiff Coleman McDonagh. Adding Elizabeth A. LaRocque as counsel of record for Coleman McDonagh for the reason indicated in the G-123 Notice. Filed by Plaintiff Coleman McDonagh. (Attorney Elizabeth A LaRocque added to party Coleman McDonagh(pty:pla))(LaRocque, Elizabeth) |
| Filing 33 NOTICE of Change of address by Soheyl Tahsildoost attorney for Defendant American Honda Motor Co., Inc.. Changing attorneys address to 12100 Wilshire Blvd., Suite 1070, Los Angeles, CA 90025. Filed by Defendant American Honda Motor Co., Inc.. (Tahsildoost, Soheyl) |
Filing 32
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND DENYING DEFENDANT'S MOTION TO STRIKE by Judge Andre Birotte Jr.: Before the Court is Defendant American Honda Motor Co., Inc.'s Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint #28 . Defendant's Motion to Dismiss is GRANTED in part and DENIED in part. Plaintiff's second cause of action under Cal. Civ. Code Section 1793.2(b) is DISMISSED. Defendant's Motion to Strike is DENIED. Court Reporter: N/A. (gk)
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Filing 31
(IN CHAMBERS) ORDER TAKING DEFENDANT AMERICA HONDA MOTOR CO., INC'S MOTION TO DISMISS AND/OR MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT #28 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on June 30, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 30 REPLY Reply in Support of NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint #28 filed by Defendant American Honda Motor Co., Inc.. (Tahsildoost, Soheyl) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint #28 filed by Plaintiff Coleman McDonagh. (Law, Daniel) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint filed by Defendant American Honda Motor Co., Inc. American Honda Motor Co., Inc.. Motion set for hearing on 6/30/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Declaration of Sasha Bassi, #2 Proposed Order Proposed Order) (Tahsildoost, Soheyl) |
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Filing 27
ORDER ON STIPULATION TO EXTEND DEFENDANT AMERICAN HONDA MOTOR CO., INC.'S TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #26 , Defendant American Honda Motor Co., Inc.'s deadline to file a response to Plaintiff's First Amended Complaint #25 is hereby extended to 5/19/2023. (gk)
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| Filing 26 STIPULATION for Extension of Time to File Response to first amended complaint filed by Defendant American Honda Motor Co., Inc.. (Attachments: #1 Declaration Declaration of Sasha Bassi In Support, #2 Proposed Order Proposed Order)(Tahsildoost, Soheyl) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendant All Plaintiffs amending Complaint - (Discovery),, filed by Plaintiff's Attorney Coleman McDonagh(Harman-Holmes, Ariel) |
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Filing 24
ORDER ON STIPULATION TO ALLOW PLAINTIFF TO FILE FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court hereby GRANTS the Stipulation #19 . Plaintiff may file a First Amended Complaint no later than 4/21/2023. (gk)
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| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Extension of Time to File #19 . The following error(s) was/were found: The proposed amended complaint is not submitted herewith, Local Rule 15-1. 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. (gk) |
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Filing 23
ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 5/21/2024 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 5/3/2024 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 6/30/2023. Non-Expert Discovery cut-off 1/5/2024. Last Date to Hear Motions 2/9/2024. Deadline to Complete Settlement Conference 2/23/2024. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 4/12/2024. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 4/19/2024. See document for further details. (gk)
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Filing 21
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. 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 2/23/2024. (cb)
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Filing 20
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: 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 April 21, 2023, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 19 STIPULATION for Extension of Time to File First Amended Complaint filed by Plaintiff's Attorney Coleman McDonagh. (Attachments: #1 Proposed Order)(Harman-Holmes, Ariel) |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Coleman McDonagh.. (Harman-Holmes, Ariel) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS by Judge Andre Birotte Jr.: Before the Court is Defendant American Honda Motor Co., Inc.'s Motion to Dismiss and/or Strike #11 . Defendants' Motion to Dismiss is GRANTED and Plaintiff's second, third, and fifth causes of action are DISMISSED. As such, Defendant's Motion to strike the allegations relating to these causes of action is DENIED as MOOT. Because Plaintiff's claims could be cured by amendment, Plaintiff shall have 14 days from the issuance of this Order to file an amended complaint. Otherwise, Plaintiff's second, third, and fifth causes of action shall be dismissed with prejudice. Furthermore, because this Court has federal question jurisdiction by way of Plaintiff's Magnuson-Moss Warranty Act claim, the Court will remand the case to state court if Plaintiff does not amend his complaint, or files a First Amended Complaint that does not include any federal claims. Court Reporter: N/A. (gk)
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| Filing 16 REPLY Reply in Support of AHM's Motion to Dismiss and/or Strike Portions of Plaintiff's Complaint NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint #11 filed by Defendant American Honda Motor Co., Inc.. (Tahsildoost, Soheyl) |
| Filing 15 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint #11 filed by Plaintiff Coleman McDonagh. (Law, Daniel) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Law counsel for Plaintiff Coleman McDonagh. Adding Daniel Law as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Coleman McDonagh. (Attorney Daniel A Law added to party Coleman McDonagh(pty:pla))(Law, Daniel) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint #11 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a 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. (gk) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 4/21/2023 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's Complaint filed by Defendant American Honda Motor Co., Inc.. Motion set for hearing on 3/10/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Sasha Bassi) (Tahsildoost, Soheyl) |
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Filing 10
ORDER ON STIPULATION #9 by Judge Andre Birotte Jr. Defendant American Honda Motor Co., Inc. is granted to 2/7/2023 to respond to the complaint. (vdr)
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| Filing 9 STIPULATION for Extension of Time to File Response to Complaint filed by Defendant American Honda Motor Co., Inc.. (Attachments: #1 Declaration Declaration of Sasha Bassi, #2 Proposed Order Proposed Order)(Tahsildoost, Soheyl) |
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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 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Michael R. Wilner. (et) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants American Honda Motor Co., Inc., Does 1 through 10, inclusive. Jury Demanded., filed by Plaintiff Coleman McDonagh. [FILED IN STATE COURT ON 12/8/2022 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 ]. (et) |
| Filing 4 NOTICE of Interested Parties filed by Defendant American Honda Motor Co., Inc., identifying Honda Motor Company, Ltd. (Tahsildoost, Soheyl) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant American Honda Motor Co., Inc. identifying Honda Motor Company, Ltd as Corporate Parent. (Tahsildoost, Soheyl) |
| Filing 2 CIVIL COVER SHEET filed by Defendant American Honda Motor Co., Inc.. (Tahsildoost, Soheyl) |
| Filing 1 NOTICE OF REMOVAL from Ventura County Superior Court, case number 56-2022-00572960 Receipt No: ACACDC-34633202 - Fee: $402, filed by Defendant American Honda Motor Co., Inc.. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal) (Attorney Soheyl Tahsildoost added to party American Honda Motor Co., Inc.(pty:dft))(Tahsildoost, Soheyl) |
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