Janis Benkle et al v. Ford Motor Company
Janis Benkle, John Kovak, Edward Kyle, Eugene Russin, Julio Rojas, Kelly Suponchick, Joe McGlothin, Fernando Aviles, Barry Kiery, Michael Kelder, James Cowen and Robert Sandler |
Ford Motor Company |
Silvia Franco |
8:2016cv01569 |
August 24, 2016 |
US District Court for the Central District of California |
David O Carter |
Jay C Gandhi |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on August 22, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 110 ORDER by Judge David O. Carter, Granting Joint Stipulation to Dismiss Case with Prejudice #109 . (twdb) |
Filing 109 Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Proc 41(a)(1)(A)(ii) filed by Plaintiffs Fernando Aviles, Janis Benkle, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin. (Attachments: #1 Proposed Order)(Pifko, Mark) |
Filing 108 ORDER DISMISSING CIVIL CASE: The Court, having been notified by counsel for the parties that this action has been settled re Notice of Settlement #107 , hereby orders this action DISMISSED without prejudice. The Court hereby orders all proceedings in the case VACATED and taken off calendar. The Court retains jurisdiction for thirty (30) days to vacate this order and reopen the action upon showing of good cause that the settlement has not been consummated. (Made JS-6. Case Terminated.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo) |
Filing 107 NOTICE of Settlement filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick. (Pifko, Mark) |
Filing 106 STIPULATION to Dismiss Plaintiffs Robert Sandler, James Cowen, Kelly Suponchick, Julio Rojas filed by Plaintiffs Robert Sandler, James Cowen, Kelly Suponchick, Julio Rojas.(Pifko, Mark) |
Filing 105 ORDER by Judge David O. Carter: Granting Joint Stipulation to Extend Fact and Expert Discovery Cut-Off Dates #104 (mt) |
Filing 104 STIPULATION to Extend Discovery Cut-Off Date to June 25, 2018 (fact discovery) and October 8 (expert discovery) filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick. (Attachments: #1 Proposed Order)(Pifko, Mark) |
Filing 103 ANSWER to Consolidated Complaint, #75 with JURY DEMAND filed by Defendant Ford Motor Company.(Davis, George) |
Filing 102 Notice of Appearance or Withdrawal of Counsel: for attorney George B Davis counsel for Defendant Ford Motor Company. Adding George B. Davis as counsel of record for Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney George B Davis added to party Ford Motor Company(pty:dft))(Davis, George) |
Filing 101 ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Fact and Expert Discovery Cut-Off Dates #100 . Upon consideration of the parties' stipulation, and for good cause shown, the Fact Discovery Cut-Off deadline, currently set for February 23, 2018, is extended to April 24, 2018 and the Expert Discovery Cut-Off deadline, currently set for July 20, 2018, is extended to August 20, 2018. All other dates set by this Court shall remain the same. IT IS SO ORDERED. (dro) |
Filing 100 STIPULATION to Extend Discovery Cut-Off Date to April 24, 2018 filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak. (Attachments: #1 Proposed Order)(Pifko, Mark) |
Filing 99 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART DEFENDANTS MOTION TO DISMISS #88 by Judge David O. Carter: For the foregoing reasons, the Court DISMISSES WITHOUT PREJUDICE: (1) Texas Plaintiff McGlothins fraud claim as to the duty to disclose; (2) Florida Plaintiffs Kelder and Kierys fraud claims as to the injury element; (3) Alabama Plaintiff Cowens fraud claim; (4) Alabama Plaintiff Cowen and Florida Plaintiff Rojass implied warranty claims and implied warranty claims under the Magnuson-Moss Warranty Act as to the privity element; (5) Alabama Plaintiff Cowens unjust enrichment claim as to the fraud or mistake requirement; and (6) all claims by Plaintiff Franco. Plaintiff may file an amended complaint on or before January 16, 2018, if desired. (es) |
Filing 98 VEHICLE INSPECTION PROTOCOL by Magistrate Judge Jay C. Gandhi, re Stipulation for Order for Entry of Vehicle Inspection Protocol #95 . (kh) |
Filing 97 STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order #96 . (mba) |
Filing 96 STIPULATION for Protective Order filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick.(Attorney Andrew R Kaufman added to party Janis Benkle(pty:pla), Attorney Andrew R Kaufman added to party Silvia Franco(pty:ip), Attorney Andrew R Kaufman added to party John Kovak(pty:pla), Attorney Andrew R Kaufman added to party Edward Kyle(pty:pla), Attorney Andrew R Kaufman added to party Joe McGlothin(pty:pla), Attorney Andrew R Kaufman added to party Julio Rojas(pty:pla), Attorney Andrew R Kaufman added to party Eugene Russin(pty:pla), Attorney Andrew R Kaufman added to party Robert Sandler(pty:pla), Attorney Andrew R Kaufman added to party Kelly Suponchick(pty:pla))(Kaufman, Andrew) |
Filing 95 STIPULATION for Order for Entry of Vehicle Inspection Protocol filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick. (Attachments: #1 Proposed Order)(Tellis, Roland) |
Filing 94 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Dismiss Certain Claims in Plaintiffs' Consolidated Class Action Complaint #88 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 10/16/17 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
Filing 93 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Certain Claims in Plaintiffs' Consolidated Class Action Complaint #88 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A)(Swanson, Derek) |
Filing 92 ORDER by Judge David O. Carter: granting #91 Non-Resident Attorney Garcia, Anthony J. APPLICATION to Appear Pro Hac Vice on behalf of Aviles Plaintiffs (SA CV 17-0281-DOC (JCGx) Fernando Aviles, Barry Kiery, and Michael Kelder Individually and on behalf of all others similarly situated, designating Tellis, Roland as local counsel. (twdb) |
Filing 91 APPLICATION of Non-Resident Attorney Anthony J. Garcia to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20443091) filed by Plaintiffs Fernando Aviles, Michael Kelder, Barry Kiery. (Attachments: #1 Certificate of Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 90 Opposition in Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Certain Claims in Plaintiffs' Consolidated Class Action Complaint #88 filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Robert Sandler, Kelly Suponchick. (Tellis, Roland) |
Filing 89 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Certain Claims in Plaintiffs' Consolidated Class Action Complaint #88 filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A Ford 2015 Warranty Guide)(Dinsmore, Joan) |
Filing 88 NOTICE OF MOTION AND MOTION to Dismiss Certain Claims in Plaintiffs' Consolidated Class Action Complaint filed by Ford Motor Company Ford Motor Company. Motion set for hearing on 10/16/2017 at 08:30 AM before Judge David O. Carter. (Dinsmore, Joan) |
Filing 87 STIPULATION Extending Time to Answer the complaint as to re Consolidated Complaint, #75 filed by Defendant Ford Motor Company.(Dinsmore, Joan) |
Filing 86 STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Magistrate Judge Jay C. Gandhi, re Stipulation for Order #85 . (kh) |
Filing 85 STIPULATION for Order Regarding Discovery of Electronically Stored Information filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick.(Pifko, Mark) |
Filing 84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #83 , Notice of Appearance, #82 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Appearance or Withdrawal. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ak) |
Filing 83 NOTICE of Appearance filed by attorney Roland K Tellis on behalf of Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick (Tellis, Roland) |
Filing 82 NOTICE of Appearance filed by attorney Roland K Tellis on behalf of Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick (Tellis, Roland) |
Filing 81 ORDER by Judge David O. Carter: granting #79 Non-Resident Attorney Jason H. Alperstein APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, designating Mark Pifko as local counsel. (dro) |
Filing 80 ORDER by Judge David O. Carter: Granting #78 Non-Resident Attorney Mark J. Dearman APPLICATION to Appear Pro Hac Vice on behalf of All Plaintiffs, designating Mark Pifko as local counsel. (lwag) |
Filing 79 APPLICATION of Non-Resident Attorney Jason H. Alperstein to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick, Interested Party Silvia Franco (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20042851) filed by Plaintiffs Fernando Aviles, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Ro bert Sandler, Kelly Suponchick. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Pifko, Mark) |
Filing 78 APPLICATION of Non-Resident Attorney Mark J. Dearman to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Michael Kelder, Barry Kiery, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick, Interested Party Silvia Franco (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20042566) filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak, Edward K yle, Joe McGlothin, Julio Rojas, Eugene Russin, Robert Sandler, Kelly Suponchick. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Attorney Mark P Pifko added to party Silvia Franco(pty:ip), Attorney Mark P Pifko added to party Edward Kyle(pty:pla), Attorney Mark P Pifko added to party Joe McGlothin(pty:pla), Attorney Mark P Pifko added to party Julio Rojas(pty:pla), Attorney Mark P Pifko added to party Eugene Russin(pty:pla), Attorney Mark P Pifko added to party Robert Sandler(pty:pla), Attorney Mark P Pifko added to party Kelly Suponchick(pty:pla)) (Pifko, Mark) |
Filing 77 ORDER by Judge David O. Carter: granting #76 Non-Resident Attorney Melody R. Dickson APPLICATION to Appear Pro Hac Vice on behalf of plaintiff, designating Mark P. Pifko as local counsel. (dro) |
Filing 76 APPLICATION of Non-Resident Attorney Melody R. Dickson to Appear Pro Hac Vice on behalf of Plaintiff Janis Benkle (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19972150) filed by Plaintiff Janis Benkle. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Pifko, Mark) |
Filing 75 CONSOLIDATED COMPLAINT related to: #24 Amended Complaint/Petition, #1 Complaint (Attorney Civil Case Opening), filed by Plaintiffs Barry Kiery, Michael Kelder, Silvia Franco, Joe McGlothin, James Cowen, John Kovak, Fernando Aviles, Janis Benkle, Edward Kyle, Kelly Suponchick, Julio Rojas, Robert Sandler(Attorney Roland K Tellis added to party Robert Sandler(pty:pla))(Tellis, Roland) |
Filing 74 ORDER by Judge David O. Carter: granting #72 Non-Resident Attorney Lichtman, Jason L. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Barry Kiery, Michael Kelder, and James Cowen, designating Tellis, Roland K. as local counsel. (dv) |
Filing 73 ORDER by Judge David O. Carter: granting #71 Non-Resident Attorney Grubb, Archie I. APPLICATION to Appear Pro Hac Vice on behalf of "Aviles Plaintiffs" (SA CV 17-0281-DOC (JCGx) Fernando Aviles, Barry Kiery, Michael Kelder, and James Cowen individually and on behalf of all others similarly situated, designating Tellis, Roland as local counsel. (dv) |
Filing 72 APPLICATION of Non-Resident Attorney Jason L. Lichtman to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19901601) filed by Plaintiffs Fern ando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 71 APPLICATION of Non-Resident Attorney Archie I. Grubb to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19890624) filed by Plaintiffs Fernan do Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 70 APPLICATION to AMEND APPLICATION of Non-Resident Attorney H. Clay Barnett to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Barry Kiery, Michael Kelder, James Cowen (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851015) #56 filed by Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Attorney Mark P Pifko added to party Fernando Aviles(pty:pla), Attorney Mark P Pifko added to party James Cowen(pty:pla), Attorney Mark P Pifko added to party Michael Kelder(pty:pla), Attorney Mark P Pifko added to party Barry Kiery(pty:pla)) (Pifko, Mark) |
Filing 69 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney H. Clay Barnett to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Barry Kiery, Michael Kelder, James Cowen (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851015) #56 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
Filing 68 ORDER by Judge David O. Carter: granting #61 Non-Resident Attorney David S. Stellings APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen, designating Roland K Tellis as local counsel. (dro) |
Filing 67 ORDER by Judge David O. Carter: granting #60 Non-Resident Attorney Andrew R. Kaufman APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen, designating Roland K Tellis as local counsel. (dro) |
Filing 66 ORDER by Judge David O. Carter: granting #58 Non-Resident Attorney Andrew E. Brashier APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen, designating Roland Tellis as local counsel. (dro) |
Filing 65 ORDER by Judge David O. Carter: granting #57 Non-Resident Attorney Wilson Daniel "Dee" Miles APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen, designating Roland Tellis as local counsel. (dro) |
Filing 64 ORDER by Judge David O. Carter: granting #56 Non-Resident Attorney H. Clay Barnett APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs, Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen, designating Roland Tellis as local counsel. (dro) |
Filing 63 MINUTES (IN CHAMBERS) ORDER ADOPTING PROPOSED DATES AFFECTED BY CONSOLIDATION #59 by Judge David O. Carter: On May 15, 2017, the parties in this matter submitted a joint stipulation proposing dates and deadlines in the above-captioned case (Dkt. 59). The Court ADOPTS all dates with the exception of the following: *Refer to Order. (es) |
Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Fabrice N Vincent counsel for Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery. Adding Fabrice N. Vincent as counsel of record for Fernando Aviles, James Cowen, Michael Kelder, and Barry Kiery for the reason indicated in the G-123 Notice. Filed by Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, and Barry Kiery. (Attorney Fabrice N Vincent added to party Fernando Aviles(pty:pla), Attorney Fabrice N Vincent added to party James Cowen(pty:pla), Attorney Fabrice N Vincent added to party Michael Kelder(pty:pla), Attorney Fabrice N Vincent added to party Barry Kiery(pty:pla))(Vincent, Fabrice) |
Filing 61 APPLICATION of Non-Resident Attorney David S. Stellings to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19858243) filed by Plaintiffs Fer nando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 60 APPLICATION of Non-Resident Attorney Andrew R. Kaufman to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19858046) filed by Plaintiffs Fern ando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 59 Joint STIPULATION to Reschedule Case Deadlines in Light of Consolidation of Cases filed by Plaintiffs Fernando Aviles, Janis Benkle, James Cowen, Silvia Franco, Michael Kelder, Barry Kiery, John Kovak.(Attorney Roland K Tellis added to party Silvia Franco(pty:ip))(Tellis, Roland) |
Filing 58 APPLICATION of Non-Resident Attorney Andrew England Brashier to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851203) filed by Plaintiff s Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 57 APPLICATION of Non-Resident Attorney Wilson Daniel Miles III to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851144) filed by Plaintiff s Fernando Aviles, James Cowen, Michael Kelder, Barry Kiery. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 56 APPLICATION of Non-Resident Attorney H. Clay Barnett to Appear Pro Hac Vice on behalf of Plaintiffs Fernando Aviles, Barry Kiery, Michael Kelder, James Cowen (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851015) filed by Plaintiffs Fernan do Aviles, Barry Kiery, Michael Kelder, James Cowen. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Attorney Roland K Tellis added to party Fernando Aviles(pty:pla), Attorney Roland K Tellis added to party Barry Kiery(pty:pla), Attorney Roland K Tellis added to party Michael Kelder(pty:pla), Attorney Roland K Tellis added to party James Cowen(pty:pla)) (Tellis, Roland) |
Filing 55 NOTICE of Appearance filed by attorney Roland K Tellis on behalf of Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick (Tellis, Roland) |
Filing 54 ORDER by Judge David O. Carter: granting #53 Non-Resident Attorney Geller, Paul J. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Eugene Russin, Julio Rojas, Kelly Suponchick and Joe McGlothin individually, and on behalf of all others similarly situated, designating Tellis, Roland as local counsel. (dv) |
Filing 53 APPLICATION of Non-Resident Attorney Paul J. Geller to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19796048) filed by Pl aintiffs Janis Benkle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order) (Tellis, Roland) |
Filing 52 MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS' MOTION TO CONSOLIDATE AND APPOINT INTERIM CO-COUNSEL #42 by Judge David O. Carter: For the foregoing reasons, the Court GRANTS Plaintiffs Motion to Consolidate Actions. Case No. 16-1569 shall be consolidated with Case Nos. 17-281, 17-290, and 17-292. All future filings shall be filed only under the low number case, 16-1569. Roland Tellis, David Stellings, and Paul Geller shall act as interim co-counsel for the consolidated case. The Court orders Paul Geller to file an appearance in 16-1569 on or before Monday, May 8, 2017. The Court ORDERS the parties to submit a joint stipulation with proposed dates for plaintiffs deadline to file a consolidated complaint, a deadline for Ford to file a response to the complaint, and any other dates in this matter affected by this consolidation on or before Monday, May 15, 2017. (es) |
Filing 51 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC #42 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 4/24/2017 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
Filing 50 ORDER Continuing Hearing Date on Plaintiff's Motion to Consolidate Actions and to Appoint Plaintiffs' Interim Co-Lead Counsel #46 by Judge David O. Carter: Upon consideration of the parties Stipulation, and for good cause shown, thehearing date on the Benkle Plaintiffs Motion to Consolidate Cases and to Appoint Interim Co-Lead Counsel (Dkt. 42), the Franco Plaintiffs Partial Opposition to Motion to Consolidate Actions under Fed. R. Civ. P. 42 and to Appoint Plaintiffs Interim Co-Lead Counsel Under Fed. R. Civ. P. 23(g) (Dkt. 44), and Defendants Statement of Non-Opposition to the Motion is continued from April 3, 2017 to April 24, 2017 at 8:30 a.m. (lwag) |
Filing 49 PROOF OF SERVICE filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick, re Reply (Motion related), #48 served on March 20, 2017. (Tellis, Roland) |
Filing 48 REPLY in Support of NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, #42 filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick. (Tellis, Roland) |
Filing 47 PROOF OF SERVICE filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick, re Stipulation to Continue, #46 served on Stipulation to Continue Hearing Date on Plaintiffs' Motion to Consolidate Actions and to Appoint Plaintiffs' Interim Co-Lead Class Counsel. (Tellis, Roland) |
Filing 46 STIPULATION to Continue Motion to Consolidate from April 3, 2017 to April 24, 2017 Re: NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, #42 filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick. (Attachments: #1 Proposed Order)(Tellis, Roland) |
Filing 45 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, #42 filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Dinsmore, Joan) |
Filing 44 Opposition Partial Opposition re: NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, #42 Plaintiff's Partial Opposition to Motion to Consolidate Actions Under FRCP 42 and to Appoint Plaintiffs' Interim Co-Lead Class Counsel Under FRCP 23(g) filed by Interested Party Silvia Franco. (Attachments: #1 Declaration of Timothy G. Blood, #2 Ex. A, #3 Ex. B)(Attorney Timothy G Blood added to party Silvia Franco(pty:ip))(Blood, Timothy) |
Filing 43 PROOF OF SERVICE filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick, re NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, #42 Plaintiffs' Memorandum of Law and Proposed Order served on March 7, 2017. (Pifko, Mark) |
Filing 42 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:17-cv-00292-DOC; 8:17-cv-00281-DOC; 8:17-cv-00290-DOC, filed by Plaintiff Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick. Motion set for hearing on 4/3/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum, #2 Proposed Order) (Attorney Roland K Tellis added to party Edward Kyle(pty:pla), Attorney Roland K Tellis added to party Joe McGlothin(pty:pla), Attorney Roland K Tellis added to party Julio Rojas(pty:pla), Attorney Roland K Tellis added to party Eugene Russin(pty:pla), Attorney Roland K Tellis added to party Kelly Suponchick(pty:pla)) (Tellis, Roland) |
Filing 41 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Edward A. Infante may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendant Ford Motor Company(Dinsmore, Joan) |
Filing 40 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 1/9/2017 8:30 AM has been CANCELLED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
Filing 39 SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter: Fact Discovery cut-off 8/4/2017, Expert Discovery cut-off 12/22/2017, Motion cut-off 10/15/2018 @ 8:30 AM, Final Pretrial Conference set for 12/10/2018 @ 8:30 AM before Judge David O. Carter, Jury Trial set for 2/5/2019 @ 8:30 AM before Judge David O. Carter. (dgo) |
Filing 38 ORDER/REFERRAL to ADR Procedure No 3 by Judge David O. Carter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (dgo) |
Filing 37 JOINT REPORT Rule 26(f) Discovery Plan (Amended) filed by Plaintiffs Janis Benkle, John Kovak, Edward Kyle, Joe McGlothin, Julio Rojas, Eugene Russin, Kelly Suponchick.. (Pifko, Mark) |
Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-20 days, filed by Defendant Ford Motor Company.. (Dinsmore, Joan) |
Filing 35 ORDER by Judge David O. Carter: Granting #34 Non-Resident Attorney Derek H. Swanson APPLICATION to Appear Pro Hac Vice on behalf of Defendant Ford Motor Company, designating Laura G. Brys as local counsel. (lwag) |
Filing 34 APPLICATION of Non-Resident Attorney Derek H. Swanson to Appear Pro Hac Vice on behalf of Defendant Ford Motor Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19068773) filed by Defendant Ford Motor Company. (Attachments: #1 Exhib it Certificate of Good Standing, #2 Proposed Order on Application to Appear Pro Hac Vice) (Brys, Laura) |
Filing 33 NOTICE of Appearance filed by attorney Laura G Brys on behalf of Defendant Ford Motor Company (Attorney Laura G Brys added to party Ford Motor Company(pty:dft))(Brys, Laura) |
Filing 32 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 1/9/2017 @ 8:30 AM before Judge David O. Carter. (dgo) |
Filing 31 ORDER Granting Stipulation to Extend Time to Respond to First Amended Complaint #27 by Judge David O. Carter: The Court HEREBY ORDERS THAT: The deadline pursuant to Rule 15(a)(3) of the Federal Rules of Civil Procedure for Defendant to respond to the First Amended Complaint is extended from November 1, 2016 to November 17, 2016; and Plaintiffs are relieved from the filing deadline imposed by Local Rule 23-3. A deadline for the Motion To Certify Class shall be set at the scheduling conference in this matter. The parties are to include any proposals regarding a briefing schedule in their Rule 26(f) report. (lwag) |
Filing 30 NOTICE of Interested Parties filed by Defendant Ford Motor Company, identifying Ford Motor Company, Janis Benkle, John Kovak, Edward Kyle, Eugene Russin, Julio Rojas, Kelly Suponchik, and Joe McGlothin. (Dinsmore, Joan) |
Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendant Ford Motor Company (Dinsmore, Joan) |
Filing 28 ANSWER to Amended Complaint/Petition #24 with JURY DEMAND filed by Defendant Ford Motor Company.(Dinsmore, Joan) |
Filing 27 STIPULATION Extending Time to Answer the complaint as to Ford Motor Company answer now due 11/17/2016, re Amended Complaint/Petition #24 filed by Defendant Ford Motor Company. (Attachments: #1 Proposed Order Granting Stipulation To Extend Time To Respond To First Amended Complaint)(Dinsmore, Joan) |
Filing 26 Text Only Order Striking Minutes of In Chambers Order/Directive #25 Striking First Amended Complaint #24 . The First Amended Complaint shall be deemed as filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
Filing 25 [STRICKEN] MINUTES (IN CHAMBERS) ORDER Striking Plaintiff's First Amended Complaint #24 as Untimely by Judge David O. Carter. Accordingly, the Court STRIKES the FAC as untimely. (see document for details). (dro) Modified on 10/20/2016 (dgo). |
Filing 24 First AMENDED COMPLAINT against Defendant Ford Motor Company amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Janis Benkle, John Kovak(Pifko, Mark) |
Filing 23 NOTICE OF LODGING filed RE: CERTIFICATES OF GOOD STANDING re APPLICATION of Non-Resident Attorney David P. Barclay to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483586) #16 , APPLICATION of Non-Resident Attorney Eric D. Barton to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483653) #17 , APPLICATION of Non-Resident Attorney Blake P. Green to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483385) #15 (Attachments: #1 Certificates of Good Standing - Blake P. Green, #2 Certificates of Good Standing - Eric D. Barton, #3 Certificates of Good Standing - David P. Barclay)(Fernandes, David) |
Filing 22 STIPULATION Extending Time to Answer the complaint as to Ford Motor Company answer now due 10/21/2016, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Ford Motor Company.(Attorney Joan S Dinsmore added to party Ford Motor Company(pty:dft))(Dinsmore, Joan) |
Filing 21 ORDER by Judge David O. Carter: granting #15 Non-Resident Attorney Green, Blake P. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff JANIS BENKLE, designating Pifko, Mark P. as local counsel. (dv) |
Filing 20 ORDER by Judge David O. Carter: granting #17 Non-Resident Attorney Barton, Eric D APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff JANIS BENKLE, designating Pifko, Mark P. as local counsel. (dv) |
Filing 19 ORDER by Judge David O. Carter: granting #16 Non-Resident Attorney Barclay, David P. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff JANIS BENKLE, designating Pifko, Mark P. as local counsel. (dv) |
Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION of Non-Resident Attorney Blake P. Green to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak #15 . APPLICATION of Non-Resident Attorney David P. Barclay to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak #16 , APPLICATION of Non-Resident Attorney Eric D. Barton to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak #17 . The following error(s) was found: See L.R. 83-2.1.3.3 A Certificate of Good Standing from each state bar in which the applicant is a member, issued within thirty (30) days prior to the filing of the Application of Non-Resident Attorney to Appear in a Specific Case. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lom) |
Filing 17 APPLICATION of Non-Resident Attorney Eric D. Barton to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483653) filed by Plaintiffs Janis Benkle, John Kovak. (Attachments: #1 Proposed Order [Certificate of Good Standing Pending]) (Pifko, Mark) |
Filing 16 APPLICATION of Non-Resident Attorney David P. Barclay to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483586) filed by Plaintiffs Janis Benkle, John Kovak. (Attachments : #1 Proposed Order [Certificate of Good Standing Pending]) (Pifko, Mark) |
Filing 15 APPLICATION of Non-Resident Attorney Blake P. Green to Appear Pro Hac Vice on behalf of Plaintiffs Janis Benkle, John Kovak (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18483385) filed by Plaintiffs Janis Benkle, John Kovak. (Attachments: #1 Proposed Order [Certificate of Good Standing Pending]) (Pifko, Mark) |
Filing 14 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo) |
Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David P Barclay. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Tyler W Hudson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric D Barton. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Blake P. Green. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Ford Motor Company. (et) |
Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
Filing 7 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Jay C. Gandhi. (et) |
Filing 6 NOTICE of Appearance filed by attorney Roland K Tellis on behalf of Plaintiffs Janis Benkle, John Kovak (Tellis, Roland) |
Filing 5 NOTICE of Appearance filed by attorney Roland K Tellis on behalf of Plaintiffs Janis Benkle, John Kovak (Attorney Roland K Tellis added to party Janis Benkle(pty:pla), Attorney Roland K Tellis added to party John Kovak(pty:pla))(Tellis, Roland) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs Janis Benkle, John Kovak. (Pifko, Mark) |
Filing 3 CERTIFICATE of Interested Parties filed by Plaintiffs Janis Benkle, John Kovak, identifying Janis Benkle, Plaintiff; John Kovak, Plaintiff; and Ford Motor Company, Defendant. (Pifko, Mark) |
Filing 2 CIVIL COVER SHEET filed by Plaintiffs Janis Benkle, John Kovak. (Pifko, Mark) |
Filing 1 COMPLAINT Receipt No: 0973-18433806 - Fee: $400, filed by Plaintiffs Janis Benkle, John Kovak. (Attorney Mark P Pifko added to party Janis Benkle(pty:pla), Attorney Mark P Pifko added to party John Kovak(pty:pla))(Pifko, Mark) |
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