Darice A. Wirth et al v. Ford Motor Company et al
| Edward A. Wirth and Darice A. Wirth |
| Ford Motor Company, Fiesta Ford, Inc. dba Fiesta Ford, Fiesta Ford, Inc. a California Corporation doing business as Fiesta Ford and Does 1 through 10, inclusive |
| 5:2018cv00463 |
| March 7, 2018 |
| US District Court for the Central District of California |
| Andre Birotte |
| Frederick F Mumm |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Property Damage |
| Both |
Docket Report
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| Filing 31 Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiffs Darice A. Wirth, Edward A. Wirth.(Kirnos, Radomir) |
Filing 30
ORDER ON STIPULATION REGARDING PLAINTIFFS' ATTORNEY'S FEES, COSTS AND EXPENSES by Judge Andre Birotte Jr.: Upon Stipulation #29 , ORDERED that Defendant Ford Motor Company shall pay the sum of $34,500.00 to Plaintiffs Darice Wirth and Edward Wirth and Plaintiffs hereby agree to accept said payment in full satisfaction of all claims for attorney's fees, costs and expenses in connection with this action. Defendant shall pay the sum of $34,500.00 to Plaintiffs within 60 days of 12/22/2021 unless matters outside of the control of Defendant cause delay. Plaintiffs' Motion for Attorney's Fees, Costs and Expenses set for hearing on 1/14/2022 #24 is DENIED AS MOOT and taken off calendar. (gk)
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| Filing 29 STIPULATION for Attorney Fees in the amount of $34,500.00, Re: NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Expenses #24 , filed by Plaintiffs Darice A. Wirth, Edward A. Wirth. (Attachments: #1 Proposed Order on Stipulation regarding Plaintiffs' Attorney's Fees, Costs and Expenses)(Kirnos, Radomir) |
| Filing 28 Opposition In Opposition re: NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Expenses #24 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of KPV iso Opposition, #2 Exhibit 1 to Atty Decl, #3 Exhibit 2 to Atty Decl, #4 Exhibit 3 to Atty Decl, #5 Certificate of Service)(Vilchez, Katherine) |
| Filing 27 NOTICE of Appearance filed by attorney Katherine Pollard Vilchez on behalf of Defendant Ford Motor Company (Attachments: #1 Certificate of Service)(Attorney Katherine Pollard Vilchez added to party Ford Motor Company(pty:dft))(Vilchez, Katherine) |
| Filing 26 NOTICE of Appearance filed by attorney Spencer Peter Hugret on behalf of Defendant Ford Motor Company (Attachments: #1 Certificate of Service)(Attorney Spencer Peter Hugret added to party Ford Motor Company(pty:dft))(Hugret, Spencer) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Radomir Roger Kirnos counsel for Plaintiffs Darice A. Wirth, Edward A. Wirth. Adding Roger Kirnos as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Darice A. Wirth and Edward Wirth. (Attorney Radomir Roger Kirnos added to party Darice A. Wirth(pty:pla), Attorney Radomir Roger Kirnos added to party Edward A. Wirth(pty:pla))(Kirnos, Radomir) |
| Filing 24 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Expenses filed by Plaintiffs Darice A. Wirth, Edward A. Wirth. Motion set for hearing on 1/14/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Attorney Fees, Costs and Expenses, #2 Declaration of Steve Mikhov in support of Motion for Attorney Fees, Costs and Expenses, #3 Declaration of Cynthia E. Tobisman in support of Motion for Attorneys Fees, Costs and Expenses) (Mikhov, Steve) |
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Filing 23
ORDER by Judge Andre Birotte Jr. Granting Request for Approval of Substitution of Attorney Amir Nassihi for Defendant Ford Motor Company in place of Attorneys Randolph T. Moore and Sarah G. Odegaard #22 . (gk)
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| Filing 22 REQUEST TO SUBSTITUTE ATTORNEY Amir Nassihi in place of attorney Sarah G. Odegaard filed by Defendant Fiesta Ford, Inc., Ford Motor Company. (Attachments: #1 Proposed Order) (Attorney Amir M Nassihi added to party Fiesta Ford, Inc.(pty:dft), Attorney Amir M Nassihi added to party Ford Motor Company(pty:dft)) (Nassihi, Amir) |
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Filing 21
ORDER ENTERING JUDGMENT AGAINST DEFENDANT by Judge Andre Birotte Jr.: Defendant Ford Motor Company made an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure to Plaintiffs Darice and Edward Wirth. Plaintiffs accepted. Accordingly, the Court ORDERS that Judgment is entered against Defendant and in favor of Plaintiffs pursuant to Rule 68 of the Federal Rules of Civil Procedure for $49,228.96, inclusive of civil penalties, and incidental and consequential damages. Pursuant to the Offer of Judgment, Plaintiffs may seek an award of attorneys' fees reasonably incurred for this case and recoverable in this case, pursuant to California Civil Code Section 1794(d). (Made JS-6. Case Terminated.) (gk)
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Filing 20
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #18 filed by Ford Motor Company. CCA # 20-55780. Appellant's motion for voluntary dismissed is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as the mandate of this court. (mat)
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| Filing 19 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55780 assigned to Notice of Appeal to 9th Circuit Court of Appeals #18 as to Defendant Ford Motor Company. [2:18-ml-02814-AB-PVC] (car) |
| Filing 18 NOTICE OF APPEAL to the 9th CCA filed by Defendant Ford Motor Company. Appeal of Order #17 Filed On: 7/02/2020; Entered On: 7/02/2020; Filing fee $505, Fee Paid receipt number ACACDC-27443168. [2:18-ml-02814-AB-PVC] (car) |
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Filing 17
ORDER DENYING MOTION TO COMPEL ARBITRATION, Docketed Under Master MDL Case No. 2:18-ml-02814 AB (FFMx), Dkt. No. 747, by Judge Andre Birotte Jr. See document for details. (gk)
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| Filing 16 NOTICE of Change of address by Steve Borislav Mikhov attorney for Plaintiffs Darice A. Wirth, Edward A. Wirth. Changing attorneys address to 10250 Constellation Blvd., Suite 2500, Los Angeles, CA 90067. Filed by Plaintiffs Darice A. Wirth, Edward A. Wirth. (Mikhov, Steve) |
| Filing 15 NOTICE of Association of Counsel associating attorney Paul R. Kiesel on behalf of Plaintiffs Darice A. Wirth, Edward A. Wirth. Filed by Plaintiffs Darice A. Wirth, Edward A. Wirth (Mikhov, Steve) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey A Koncius counsel for Plaintiffs Darice A. Wirth, Edward A. Wirth. Adding Jeffrey A. Koncius as counsel of record for Darice Wirth and Edward A. Wirth for the reason indicated in the G-123 Notice. Filed by Plaintiffs Darice Wirth and Edward A. Wirth. (Attorney Jeffrey A Koncius added to party Darice A. Wirth(pty:pla), Attorney Jeffrey A Koncius added to party Edward A. Wirth(pty:pla))(Koncius, Jeffrey) |
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Filing 13
ORDER GRANTING STAY OF ALL PROCEEDINGS AND DEADLINES PENDING DETERMINATION OF INCLUSION IN MULTIDISTRICT LITIGATION (MDL 2814) by Judge Andre Birotte Jr.: The Court GRANTS Defendant Ford Motor Company's Ex Parte Application to stay proceedings until the Judicial Panel on Multidistrict Litigation (JPML) decides whether to transfer this action for inclusion in In re: Ford Motor Co. DPS6 PowerShift Transmission Products Liability Litigation, MDL No. 2814 (the MDL) #11 . This case is STAYED pending a final decision by the JPML whether to transfer this case for inclusion in the MDL. All filing deadlines and hearing dates are VACATED. (gk)
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Filing 12
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 16-05 -Related Case- filed. Related Case No: 2:12-cv-08388 AB(FFMx). Case referred from Magistrate Judge Sheri Pym to Magistrate Judge Frederick F. Mumm for Discovery. The case number will now read as follows: 5:18-cv-00463 AB(FFMx). Signed by Magistrate Judge Frederick F. Mumm. (rn)
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| Filing 11 EX PARTE APPLICATION to Stay ALL PROCEEDINGS AND DEADLINES PENDING DETERMINATION OF INCLUSION IN MULTIDISTRICT LITIGATION PENDING IN THIS DISTRICT (MDL 2814) filed by Defendants Fiesta Ford, Inc., Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of S. Odegaard, #4 Exhibit A, #5 Exhibit B, #6 Proposed Order) (Odegaard, Sarah) |
| Filing 10 NOTICE filed by Defendants Fiesta Ford, Inc., Ford Motor Company. of Pendency of Other Actions or Proceedings (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Odegaard, Sarah) |
| Filing 9 ANSWER to Complaint - (Discovery), filed by Defendant Fiesta Ford, Inc., Ford Motor Company.(Attorney Sarah G Odegaard added to party Fiesta Ford, Inc.(pty:dft))(Odegaard, Sarah) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Ford Motor Company, re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #6 and Standing Order served on 3-13-2018. (Odegaard, Sarah) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Andre Birotte Jr. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-463 AB (SPx). (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Ford Motor Company. (FILED IN STATE COURT ON 3/6/2018 SUBMITTED ATTACHED EXHIBIT C)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Fiesta Ford, Inc., Ford Motor Company. Jury Demanded., filed by plaintiffs Darice A. Wirth, Edward A. Wirth. (FILED IN STATE COURT ON 2/2/2018 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 5 DEMAND for Jury Trial Ford Motor Company.. (Moore, Randolph) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Defendant Ford Motor Company, identifying State Street Corporation; Evercore Trust Company, N.A.; BlackRock, Inc,; The Vanguard Group.. (Moore, Randolph) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Ford Motor Company. (Moore, Randolph) |
| Filing 2 NOTICE of Related Case(s) filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B - Complaint, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Moore, Randolph) |
| Filing 1 NOTICE OF REMOVAL from Riverside, case number PSC1800668 Receipt No: 0973-21374279 - Fee: $400, filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Answer, #4 Exhibit D - Dec of S. Odegaard, #5 Exhibit E - Dec of S. Hugret, #6 Exhibit F, #7 Exhibit G) (Attorney Randolph Thomas Moore added to party Ford Motor Company(pty:dft))(Moore, Randolph) |
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