Rick Landers et al v. Ford Motor Company
| Rick Landers and Salinas Zarling |
| FORD MOTOR COMPANY |
| 2:2023cv00915 |
| February 7, 2023 |
| US District Court for the Central District of California |
| Percy Anderson |
| Pedro V Castillo |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55552 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #31 as to plaintiffs Rick Landers, Salinas Zarling. (mat) |
| Filing 32 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #31 . (Pitoun, Christopher) |
| Filing 31 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Rick Landers, Salinas Zarling. Appeal of Judgment,, #29 , Order Dismissing Case,, Terminate Deadlines and Hearings, #28 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-35527214.) (Pitoun, Christopher) |
| Filing 30 NOTICE of Entry of Judgment, re: Judgment,, #29 , filed by Defendant Ford Motor Company. (Adams, Katharine) |
| Filing 29 JUDGMENT by Judge Percy Anderson. Pursuant to the Court's May 25, 2023 Minute Order granting the Motion to Dismiss filed by defendant Ford Motor Company ("Ford") and dismissing without leave to amend the Third Amended Complaint filed by plaintiffs Rick Landers and Salina Zarling, coadministrators of the Estate of Mikyley Rae Reitz ("Plaintiffs"), it is hereby ORDERED, ADJUDGED, AND DECREED: 1. The action filed by Plaintiffs is dismissed with prejudice; and 2. Ford shall recover from Plaintiffs its costs of suit. The Clerk is ordered to enter this Judgment. (MD JS-6, Case Terminated). (aco) |
Filing 28
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. The hearing calendared for June 5, 2023, is vacated and the matter taken off calendar. The Court therefore dismisses the 3rd AC without leave to amend. The Court will issue a Judgment dismissing this action with prejudice. (See document for further details). (aco)
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| Filing 27 REPLY in support of its Request for Judicial Notice in support of its Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to 12(B)(6) filed by Defendant Ford Motor Company. (Adams, Katharine) |
| Filing 26 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) #22 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Katharine H. Adams ISO Defendant Ford Motor Company's Reply ISO its Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to FRCP 12(B)(6))(Adams, Katharine) |
| Filing 25 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiffs Rick Landers, Salinas Zarling. Re: Request for Judicial Notice,, #23 (Pitoun, Christopher) |
| Filing 24 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) #22 filed by Plaintiffs Rick Landers, Salinas Zarling. (Attachments: #1 Proposed Order)(Pitoun, Christopher) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) #22 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - CHP Traffic Collision Report, #2 Exhibit B - Docket info of lawsuits cited by Plaintiffs, #3 Exhibit C - Cover pages of articles cited by Plaintiffs in 3rd Amended Complaint, #4 Exhibit D - Google internet search of "roof crush" and "truck", #5 Exhibit E - Wikipedia page entitled "roof crush")(Adams, Katharine) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) filed by Defendant Ford Motor Company. Motion set for hearing on 6/5/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Defendant Ford Motor Company's Memorandum of Points and Authorities in Support of its Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to FRCP 12(B)(6), #2 Declaration Declaration of Katharine H. Adams ISO Defendant Ford Motor Company's Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to FRCP 12(B)(6), #3 Proposed Order [Proposed] Order Granting Ford Motor Company's Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to FRCP 12(B)(6)) (Adams, Katharine) |
| Filing 21 THIRD AMENDED COMPLAINT against Defendant Ford Motor Company amending Amended Complaint/Petition, #14 , filed by Plaintiffs Rick Landers, Salinas Zarling(Pitoun, Christopher) |
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Filing 20
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court concludes that it possesses personal jurisdiction over Ford for the claims asserted in this action. The Court therefore denies the Motion to Dismiss for Lack of Personal Jurisdiction. The Court additionally concludes that Plaintiffs' claims, at least as alleged in the 2nd AC, are barred by the applicable statute of limitations. The Court therefore dismisses the 2nd AC with leave to amend. Plaintiffs' Third Amended Complaint, if any, shall be filed by no later than April 17, 2023. Failure to file a Third Amended Complaint by that date may, without further warning, result in the dismissal of this action with prejudice. (SEE DOCUMENT FOR FURTHER DETAILS); denying #15 MOTION to Dismiss Case. (aco)
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| Filing 19 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case based on personal jurisdiction and statute of limitations #15 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Katharine Adams in Support of Defendant Ford Motor Company's Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(B)(2) and 12(B)(6))(Adams, Katharine) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel S Rodman counsel for Defendant Ford Motor Company. Adding Daniel S. Rodman as counsel of record for Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney Daniel S Rodman added to party Ford Motor Company(pty:dft))(Rodman, Daniel) |
| Filing 17 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case based on personal jurisdiction and statute of limitations #15 filed by Plaintiffs Rick Landers, Salinas Zarling. (Attachments: #1 Declaration of Christopher R. Pitoun, #2 Exhibit A, #3 Declaration of Salinas Zarling, #4 Proposed Order)(Pitoun, Christopher) |
| Filing 16 NOTICE of Interested Parties filed by Defendant Ford Motor Company, identifying Ford Motor Company. (Adams, Katharine) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case based on personal jurisdiction and statute of limitations filed by Defendant Ford Motor Company. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss Plaintiffs' Second Amended Complaint, #2 Declaration of Katharine H. Adams ISO Deft. Ford Motor Company's Motion to Dismiss Plaintiffs' Second Amended Complaint, #3 Exhibit A - Traffic Collision Report, #4 Exhibit B - CA DMV Record, #5 Exhibit C - CA Voter Registration, #6 Exhibit D - 3/3/23 Meet and Confer Letter, #7 Exhibit E - 3/7/23 Email, #8 Exhibit F - Domicile Docs, #9 Exhibit G - Cases, #10 Exhibit H - Articles, #11 Proposed Order Granting Ford Motor Company's Motion to Dismiss) (Attorney Katharine Haldorsen Adams added to party Ford Motor Company(pty:dft)) (Adams, Katharine) |
| Filing 14 SECOND AMENDED COMPLAINT against DEFENDANT Ford Motor Company amending Amended Complaint/Petition, #12 , Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Rick Landers, Salinas Zarling (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Pitoun, Christopher) |
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Filing 13
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Accordingly, the Court dismisses Plaintiffs' First Amended Complaint for lack of subject matter jurisdiction. Plaintiffs' Second Amended Complaint, if any, is to be filed by February 21, 2023. (See document for further details). (aco)
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| Filing 12 FIRST AMENDED COMPLAINT against Defendant Ford Motor Company amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Rick Landers, Salinas Zarling (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pitoun, Christopher) |
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Filing 11
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Accordingly, the Court dismisses Plaintiffs' Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. Therefore, the Court grants Plaintiffs leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiffs' First Amended Complaint, if any, is to be filed by February 21, 2023. The failure to file a First Amended Complaint by that date or to adequately allege the Court's subject matter jurisdiction may result in the dismissal of this action without prejudice. (See document for further details). (aco)
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Filing 10
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 9
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge James V. Selna. Case transferred from Judge James V. Selna to the calendar of Judge Percy Anderson for all further proceedings. Case number now reads as 2:23-cv-00915-PA(PVCx). (dta)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Ford Motor Company. (car) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs Rick Landers, Salinas Zarling, (Pitoun, Christopher) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Rick Landers, Salinas Zarling. (Pitoun, Christopher) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Rick Landers, Salinas Zarling. (Pitoun, Christopher) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34755122 - Fee: $402, filed by Plaintiffs Rick Landers, Salinas Zarling. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Christopher Pitoun added to party Rick Landers(pty:pla), Attorney Christopher Pitoun added to party Salinas Zarling(pty:pla))(Pitoun, Christopher) |
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