Justin R. Marsh v. FCA US LLC et al
| Justin R Marsh |
| FCA US LLC, Does 1 through 10, inclusive and Elk Grove Auto Group Inc. doing business as Elk Grove Dodge Chrysler Jeep Ram Erroneously Sued As Elk Grove Dodge Chrysler Jeep |
| 2:2023cv04177 |
| May 30, 2023 |
| US District Court for the Central District of California |
| Alka Sagar |
| Mark C Scarsi |
| Contract Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER AWARDING ATTORNEYS FEES by Judge Mark C. Scarsi. Plaintiff JUSTIN R. MARSH and Defendant FCA US, LLC have agreed FCA US, LLC will pay $20,000.00 to resolve Plaintiff's attorneys' fees, costs, and expenses #23 . Accordingly, the Court hereby enters an ORDER for Defendant to pay Plaintiff $20,000.00 to resolve attorneys' fees, costs, and expenses. Payment is to be made to counsel for Plaintiff within 60 days from the signing of the Parties' Stipulation dated October 30, 2023. After satisfaction of payment, Plaintiff will dismiss this case with prejudice within 10 business days against all parties. The Court retains jurisdiction to reopen the case until January 8, 2024. No further extensions will be granted. The case remains closed for purposes of case administration. (lc) Modified on 11/1/2023 (lc).
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| Filing 23 Joint STIPULATION for Costs against Justin R Marsh filed by Plaintiff Justin R Marsh. (Attachments: #1 Proposed Order [PROPOSED] ORDER)(Dolin, Tionna) |
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Filing 22
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: JOINT STIPULATION FOR ORDER TO CONTINUE JURISDICTION. The stipulation is granted in part and denied in part. The stipulation provides good cause to retain jurisdiction for additional time, but not for the open-ended period requested. The Court retains jurisdiction to vacate the dismissal order and reopen the case until October 30, 2023. No further extensions will be granted absent an extraordinary showing of good cause. (lc)
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| Filing 21 STIPULATION to Continue JURISDICTION filed by Plaintiff Justin R Marsh. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT STIPULATION FOR ORDER TO CONTINUE JURISDICTION)(Dolin, Tionna) |
| Filing 20 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: SECOND REQUEST FOR ENTRY OF JUDGMENT #19 . The Court declined to enter a proposed Rule 68( a) judgment given concerns about the Court's subject-matter jurisdiction and the efficacy of the Rule 68(a) offer. (Order Re: 1st Req. 1-2, ECF No. 18; see 1st Req., ECF No. 16.) Plaintiff renews its request for entry of judgment upon the same Rule 68(a) offer. (2d Req., ECF No. 19.) The only material difference between the first and second request is that Plaintiff now submits that "the Parties are currently meeting and conferring regarding Plaintiff's attorneys' fees, costs, and expenses in an attempt to resolve the issue without further burdening the Court." The application presents no response to the Court's concerns regarding jurisdiction and the efficacy of the Rule 68(a) offer. The request is Denied. (lc) Modified on 9/11/2023 (lc). |
| Filing 19 NOTICE OF MOTION AND MOTION to Enforce Judgment Pursuant to FRCP 68(a) filed by Plaintiff Justin R Marsh. (Attachments: #1 [PROPOSED] JUDGEMENT) (Dolin, Tionna) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A LaRocque counsel for Plaintiff Justin R Marsh. Adding Elizabeth A. LaRocque as counsel of record for Justin R. Marsh for the reason indicated in the G-123 Notice. Filed by PLAINTIFF Justin R. Marsh. (Attorney Elizabeth A LaRocque added to party Justin R Marsh(pty:pla))(LaRocque, Elizabeth) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR ENTRY OF JUDGMENT #16 by Judge Mark C. Scarsi. Accordingly, the Court will not 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. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 16 REQUEST for Judgment Pursuant to FRCP 68(a) filed by Plaintiff Justin R Marsh. (Attachments: #1 Proposed Judgment) (Dolin, Tionna) |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE: FAILURE TO LODGE JOINT RULE 26(F) REPORT AND ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION. The Court issued an order requiring the parties to submit a Joint Rule 26(f) Report at least 14 days before the Scheduling Conference #12 . To date, no report has been filed. The Court continues the Scheduling Conference to August 21, 2023, at 10: 00 a.m. The parties are ordered to show cause why sanctions should not be imposed for failure to comply with the Court's Order Setting Scheduling Conference. The parties shall respond in writing by no later than August 2, 2023. In lieu of filing a response, the order to show cause will discharge upon the filing of a Joint Rule 26(f) Report. Failure to comply with this Order or the Order Setting Scheduling Conference may result in dismissal of this action for lack of prosecution or other sanctions without further notice. The Court questions its jurisdiction over the action. The Court orders Defendant to show cause why the case should not be remanded for lack of jurisdiction. Defendant shall file a written response within 14 days either consenting to remand or establishing by a preponderance of evidence thatthe amount in controversy "more likely than not" exceeds $75,000.00. (lc)
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| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program #10 by Judge Mark C. Scarsi. The document is stricken. (smo) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program #10 . 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) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 7/31/2023 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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Filing 11
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 10 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Attachments: #1 Certificate of Service)(Lambert, Sarah) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Alka Sagar. (sh) |
| NON-CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff Elk Grove Dodge Chrysler Jeep pursuant to FRCP 41a(1) as to Elk Grove Dodge Chrysler Jeep.[STATE COURT FILE DATE NOT INDICATED SUBMITTED AS ATTACHMENT NO. 3 EXHIBIT B TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED EFILED COPY OF COMPLAINT against Defendants Does, Elk Grove Dodge Chrysler Jeep, FCA US LLC.Jury Demanded., filed by Plaintiff Justin R Marsh. [FILED IN STATE COURT 06/08/2022 SUBMITTED AS ATTACHMENT NO. 2 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED EFILED COPY OF PROOF OF SERVICE Executed by Plaintiff Justin R Marsh, upon Defendant Elk Grove Dodge Chrysler Jeep served on 6/21/2022. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy [FILED IN STATE COURT 06/30/2022 SUBMITTED AS ATTACHMENT NO. 16 EXHIBIT O TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED EFILED COPY OF PROOF OF SERVICE Executed by Plaintiff Justin R Marsh, upon Defendant FCA US LLC served on 6/21/2022. in compliance with California Code of Civil Procedure by personal service [FILED IN STATE COURT 06/30/2022 SUBMITTED AS ATTACHMENT NO. 15 EXHIBIT N TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED EFILED COPY OF ANSWER to Complaint filed by Defendant FCA US LLC. [FILED IN STATE COURT 07/21/2022 SUBMITTED AS ATTACHMENT NO. 17 EXHIBIT P TO THE NOTICE OF REMOVAL #1 ](sh) |
| CONFORMED EFILED COPY OF ANSWER to Complaint filed by Defendant Elk Grove Auto Group Inc.[FILED IN STATE COURT 11/15/2022 SUBMITTED AS ATTACHMENT NO. 22 EXHIBIT U TO THE NOTICE OF REMOVAL #1 ](sh) |
| Filing 6 NOTICE of Appearance filed by attorney Spencer Peter Hugret on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Spencer Peter Hugret added to party FCA US LLC(pty:dft))(Hugret, Spencer) |
| Filing 5 NOTICE of Appearance filed by attorney Eric D Sentlinger on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Eric D Sentlinger added to party FCA US LLC(pty:dft))(Sentlinger, Eric) |
| Filing 4 NOTICE of Appearance filed by attorney Sarah Marie Carlson Lambert on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Lambert, Sarah) |
| Filing 3 NOTICE of Interested Parties filed by Defendant FCA US LLC, identifying FCA US LLC; FCA North America Holdings LLC; Stellantis Ventures B.V. (formerly known as FCA Holdco B.V.); Stellantis N.V. (formerly known as Fiat Chrysler Automobiles, N.V.). (Attachments: #1 Certificate of Service)(Lambert, Sarah) |
| Filing 2 CIVIL COVER SHEET filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Lambert, Sarah) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22stcv18475 Receipt No: ACACDC-35400109 - Fee: $402, filed by Defendant FCA US LLC. (Attachments: #1 Declaration of Atty iso Removal, #2 Exhibit A to Atty Decl iso Removal, #3 Exhibit B to Atty Decl iso Removal, #4 Exhibit C to Atty Decl iso Removal, #5 Exhibit D to Atty Decl iso Removal, #6 Exhibit E to Atty Decl iso Removal, #7 Exhibit F to Atty Decl iso Removal, #8 Exhibit G to Atty Decl iso Removal, #9 Exhibit H to Atty Decl iso Removal, #10 Exhibit I to Atty Decl iso Removal, #11 Exhibit J to Atty Decl iso Removal, #12 Exhibit K to Atty Decl iso Removal, #13 Exhibit L to Atty Decl iso Removal, #14 Exhibit M to Atty Decl iso Removal, #15 Exhibit N to Atty Decl iso Removal, #16 Exhibit O to Atty Decl iso Removal, #17 Exhibit P to Atty Decl iso Removal, #18 Exhibit Q to Atty Decl iso Removal, #19 Exhibit R to Atty Decl iso Removal, #20 Exhibit S to Atty Decl iso Removal, #21 Exhibit T to Atty Decl iso Removal, #22 Exhibit U to Atty Decl iso Removal, #23 Exhibit V to Atty Decl iso Removal, #24 Exhibit W to Atty Decl iso Removal, #25 Exhibit X to Atty Decl iso Removal, #26 Exhibit Y to Atty Decl iso Removal, #27 Exhibit Z to Atty Decl iso Removal, #28 Exhibit AA to Atty Decl iso Removal, #29 Exhibit BB to Atty Decl iso Removal, #30 Exhibit CC to Atty Decl iso Removal, #31 Exhibit DD to Atty Decl iso Removal, #32 Exhibit EE to Atty Decl iso Removal, #33 Exhibit FF to Atty Decl iso Removal, #34 Exhibit GG to Atty Decl iso Removal, #35 Exhibit HH to Atty Decl iso Removal, #36 Exhibit II to Atty Decl iso Removal, #37 Exhibit JJ to Atty Decl iso Removal, #38 Exhibit KK to Atty Decl iso Removal, #39 Exhibit LL to Atty Decl iso Removal, #40 Exhibit MM to Atty Decl iso Removal, #41 Exhibit NN to Atty Decl iso Removal, #42 Exhibit OO to Atty Decl iso Removal, #43 Exhibit PP to Atty Decl iso Removal, #44 Exhibit QQ to Atty Decl iso Removal, #45 Certificate of Service) (Attorney Sarah Marie Carlson Lambert added to party FCA US LLC(pty:dft))(Lambert, Sarah) |
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