Kevin Michael Friel et al v. General Motors LLC et al
| Kevin Michael Friel and Shirley Raye Friel |
| General Motors LLC and Does 1 through 10, inclusive |
| 2:2023cv06990 |
| August 24, 2023 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dale S Fischer |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 5/13/24. (pk)
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Filing 27
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics.Final Pretrial Conference set for 7/8/2024 at 03:00 PM. Jury Trial set for 8/6/2024 at 08:30 AM. (pk)
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| Filing 26 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk) |
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Filing 25
ORDER by Judge Dale S. Fischer DENYING Plaintiffs' Motion to Remand (Dkt. #14 ) and Requiring Defendant to Show Cause re Subject Matter Jurisdiction. See Order for specifics. (jp)
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| Filing 24 REPORT of JOINT RULE 26(f) REPORT filed by Plaintiff Kevin Michael Friel. (Marden, Ryan) |
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Filing 23
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motions #12 , #14 set for Monday, October 2, 2023 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk)
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| Filing 22 Certification and NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Marden, Ryan) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Consent to Proceed before US Magistrate Judge - DECLINED by Party #17 . 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 20 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case [DEFENDANT GENERAL MOTORS LLCS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES] #12 filed by Defendant General Motors LLC. (Strotz, Peter) |
| Filing 19 Evidentiary Objection Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superiour Court #14 EVIDENTIARY OBJECTIONS AND MOTION TO STRIKE INADMISSIBLE EVIDENCE RELIED UPON BY DEFENDANT IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND ACTION filed by Plaintiff Kevin Michael Friel. (Marden, Ryan) |
| Filing 18 REPLY Reply in Support of Motion for an Order Remanding Action filed by Plaintiff Kevin Michael Friel. (Marden, Ryan) |
| Filing 17 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c. (Marden, Ryan) |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superiour Court #14 filed by Defendant General Motors LLC. (Attachments: #1 Declaration of Timothy M. Kuhn, #2 Exhibit A - Global Warranty Management, #3 Declaration Of Peter A. Strotz, #4 Exhibit A- Purchase Agreement)(Strotz, Peter) |
| Filing 15 Opposition to Motion to Dismiss Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case [DEFENDANT GENERAL MOTORS LLCS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES] #12 filed by Plaintiffs Kevin Michael Friel, Shirley Raye Friel. (Marden, Ryan) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superiour Court filed by Plaintiff Kevin Michael Friel, Shirley Raye Friel. Motion set for hearing on 10/2/2023 at 01:30 PM before Judge Dale S. Fischer. (Marden, Ryan) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 10/30/2023 at 11:00 AM before Judge Dale S. Fischer. (pk)
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case [DEFENDANT GENERAL MOTORS LLCS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES] filed by Defendant General Motors LLC. Motion set for hearing on 10/2/2023 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration OF PETER A. STROTZ IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT, #2 Proposed Order) (Strotz, Peter) |
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Filing 11
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pk)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to General Motors LLC answer now due 9/14/2023, re Complaint - (Discovery), filed by Defendant General Motors LLC.(Panek, Michael) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Pedro V. Castillo. (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Kevin Michael Friel, Shirley Raye Friel, upon Defendant General Motors LLC served on 7/27/2023, answer due 8/17/2023. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Services-Nicole Stauss in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 7/31/2023 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL #1 . (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants General Motors LLC., Does 1 through 10, inclusive, filed by Plaintiffs Kevin Michael Friel, Shirley Raye Friel. [FILED IN STATE COURT ON 7/24/2023 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 . (et) |
| Filing 6 DECLARATION of Timothy M. Kuhn re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Errata, #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #4 [DECLARATION OF TIMOTHY M. KUHN SUPPORT OF DEFENDANT GENERAL MOTORS LLCS NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. 1331, 1332, 1367, 1441, 1446] filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Panek, Michael) |
| Filing 5 NOTICE OF ERRATA filed by Defendant General Motors LLC. correcting Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Corporate Disclosure Statement #4 [NOTICE OF ERRATA CONCERNING DECLARATION OF TIMOTHY M. KUHN SUPPORT OF DEFENDANT GENERAL MOTORS LLCS NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. 1331, 1332, 1367, 1441, 1446] (Panek, Michael) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant General Motors LLC identifying General Motors Company as Corporate Parent. (Panek, Michael) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant General Motors LLC, identifying General Motors LLC. (Panek, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant General Motors LLC. (Panek, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV17376 Receipt No: ACACDC-35916095 - Fee: $402, filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B, #3 Declaration of Timothy M. Kuhn in support of Notice of Removal of Action, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C) (Attorney Michael Richard Panek added to party General Motors LLC(pty:dft))(Panek, Michael) |
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