Farzad Ardestani v. BMW of North America, LLC et al
Plaintiff: Farzad Ardestani
Defendant: Does 1 through 75, inclusive and BMW of North America, LLC
Case Number: 8:2017cv00721
Filed: April 19, 2017
Court: US District Court for the Central District of California
Presiding Judge: John D Early
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on May 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2019 Filing 129 FINAL JUDGMENT by Magistrate Judge John D. Early, in favor of Farzad Ardestani against BMW of North America, LLC. NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that Judgment is entered in favor of Plaintiff and against Defendant as to Plaintiff's claim for Breach of Express Warranty in the total amount of $358,523.25, representing a jury award of $111,000 and recoverable attorney's fees of $247,523.25. (see document for further details) (hr)
May 13, 2019 Opinion or Order Filing 128 MINUTES (IN CHAMBERS) Order re Plaintiff's Motion for Attorney Fees, Costs, and Expenses (Dkt. 122) and Motion for Prejudgment Interest (Dkt. 123) by Magistrate Judge John D. Early. the Court orders as follows: The Fee Motion (Dkt. #122 ) is GRANTED in part; Final Judgment shall reflect that Defendant shall pay to Plaintiff the amount of $247,523.25 ($162,015.50 in fees [lodestar] + $81,007.75 [0.5 multiplier] + $4,500 [lower-than-actual estimate of fees for Fee Reply]) in addition to the $110,000 assessed by the jury; and The Interest Motion (Dkt. #123 ) is DENIED. (see document for further details) (hr)
May 9, 2019 Filing 127 REPLY in support of NOTICE OF MOTION AND MOTION for Hearing Motion for Prejudgment Interest #123 filed by Plaintiff Farzad Ardestani. (Attachments: #1 Supplement Supplemental Declaration of David L. Herman in Support of Plaintiff's Motion for Prejudgment Interest, #2 Declaration Declaration of Hallen D. Rosner in Support of Reply, #3 Affidavit Certificate of Service)(Herman, David)
May 2, 2019 Filing 126 OPPOSITION to NOTICE OF MOTION AND MOTION for Hearing Motion for Prejudgment Interest #123 filed by Defendant BMW of North America, LLC. (Cho, Stephen)
May 2, 2019 Filing 125 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees Costs and #122 filed by Plaintiff Farzad Ardestani. (Attachments: #1 Declaration Supplemental Declaration of David L. Herman in Support of Plaintiff's Motion for Attorneys Fees, Costs, and Expenses, #2 Affidavit Evidentiary Objections to Declaration of Stephen K. Cho by Plaintiff Farzad Ardestani, #3 Affidavit Certificate of Service)(Herman, David)
April 25, 2019 Filing 124 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Attorney Fees Costs and #122 filed by Defendant BMW of North America, LLC. (Attachments: #1 Declaration by Stephen K. Cho in Support of Opposition to Motion for Attorneys Fees, Costs and Expenses, #2 Exhibit A - Degrinis v. Ford Order, #3 Exhibit B - Spreadsheet and Chart, #4 Exhibit C - How to Win a Fee Petition, #5 Evidentiary Objections to Declaration of Hallen D. Rosner by BMW of North America, LLC)(Cho, Stephen)
April 18, 2019 Filing 123 NOTICE OF MOTION AND MOTION for Hearing Motion for Prejudgment Interest filed by Plaintiff Farzad Ardestani. Motion set for hearing on 5/23/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Memorandum Memorandum in Support of Plaintiff's Motion for Prejudgment Interest, #2 Declaration Declaration of David L. Herman in Support of Plaintiff's Motion for Prejudgment Interest, #3 Affidavit Certificate of Service) (Rosner, Hallen)
April 10, 2019 Filing 122 NOTICE OF MOTION AND MOTION for Attorney Fees Costs and filed by Plaintiff Farzad Ardestani. Motion set for hearing on 5/16/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Memorandum Memornadum in Support of Plaintiff's Motion for Attorney Fees, Costs and Expenses, #2 Declaration Declaration of Hallen D. Rosner in Support of Plaintiff's Motion for Attorney Fees, Costs and Expenses, #3 Declaration Declaration of David L. Herman In Support of Plaintiff's Motion for Attorneys Fees, Costs and Expenses, #4 Declaration Declaration of Tsolik Kazandjian in Support of Plaintiff's Motion for Attorney Fees, Costs and Expenses, #5 Affidavit Request for Judicial Notice in Support of Plaintiff's Notice of Motion for Attorney Fees, Costs and Expenses, #6 Proposed Order Proposed Order Re Plaintiff's Notice of Motion for Attorney Fees, Costs and Expenses, #7 Affidavit Certificate of Service) (Rosner, Hallen)
March 27, 2019 Filing 121 JUDGMENT by Magistrate Judge John D. Early. NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. Judgment is entered in favor of Plaintiff and against Defendant as to Plaintiff's claim for Breach of Express Warranty in the total amount of $111,000; and 2. Requests for Costs and/or Attorney's Fees shall proceed pursuant to Federal Rule of Civil Procedure 52(d) and other applicable authorities. (MD JS-6, Case Terminated). (mba)
March 14, 2019 Filing 120 NOTICE OF FILING TRANSCRIPT filed for proceedings 2-12-19 Vol. II, 1:33 p.m.; 2-13-19 Vol. II, 1:30 p.m.; 2-14-19 Vol. II, 2:38 p.m. re Transcript #118 , #117 , #119 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY
March 14, 2019 Filing 119 TRANSCRIPT for proceedings held on 2-14-19 Vol. II, 2:38 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (Seffens, Sharon)
March 14, 2019 Filing 118 TRANSCRIPT for proceedings held on 2-13-19 Vol. II, 1:30 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number aaeffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (Seffens, Sharon)
March 14, 2019 Filing 117 TRANSCRIPT for proceedings held on 2-12-19 Vol. II, 1:33 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (Seffens, Sharon)
February 19, 2019 Filing 116 NOTICE OF LODGING filed re Jury Verdict (Proposed) #110 (Attachments: #1 Exhibit Exhibit A - [Proposed] Judgment)(Rosner, Hallen)
February 19, 2019 Filing 115 TRANSCRIPT ORDER as to Plaintiff Farzad Ardestani for Court Reporter. Court will contact Richard Garcia at richard@rbblawgroup.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rosner, Hallen)
February 14, 2019 Filing 114 LIST OF EXHIBITS AND WITNESSES at trial. (twdb)
February 14, 2019 Filing 113 SEALED UNREDACTED JURY NOTE NUMBER 2 re: Jury Notes Number 2 #108 (twdb) Modified on 2/15/2019 (twdb).
February 14, 2019 Filing 112 SEALED UNREDACTED JURY NOTE NUMBER 1 RE REDACTED JURY NOTE NUMBER 1 #107 (twdb) Modified on 2/15/2019 (twdb).
February 14, 2019 Filing 111 SEALED UNREDACTED VERDICT FORM re: Verdict Form #110 (twdb) Modified on 2/15/2019 (twdb).
February 14, 2019 Filing 110 REDACTED VERDICT FORM(twdb) Modified on 2/15/2019 (twdb).
February 14, 2019 Filing 109 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for defendant. (twdb)
February 14, 2019 Filing 108 Jury Notes # 2 filed. (yl)
February 14, 2019 Filing 107 Jury Notes # 1 filed. (yl)
February 14, 2019 Filing 106 JURY INSTRUCTIONS (Given) by Magistrate Judge John D. Early. (yl)
February 14, 2019 Filing 105 MINUTES OF Jury Trial - 3rd Day held and completed before Magistrate Judge John D. Early: Closing arguments made. Verdict reached. Juror number 7 is excused by the Court. Jury Note Number 1 submitted and filed. The Court responds to Jury Note Number 1 on the record. Court Reporter: Deborah Parker. (yl) Modified on 2/15/2019 (yl).
February 14, 2019 Filing 103 PROPOSED JURY VERDICT filed by Plaintiff Farzad Ardestani. (Rosner, Hallen)
February 14, 2019 Filing 102 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Farzad Ardestani.. (Rosner, Hallen)
February 14, 2019 Filing 101 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Farzad Ardestani.. (Rosner, Hallen)
February 13, 2019 Filing 104 MINUTES OF Jury Trial - 2nd Day held before Magistrate Judge John D. Early: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Motion for Judgment/Directed Verdict by Defendant is denied. Per stipulation of the parties, the Court excuses juror number 1. Jury Trial continued to 2/14/2019 at 9:30 AM before Magistrate Judge John D. Early. Court Reporter: Debbie Hino-Spaan / Sharon Seffens. (hr)
February 13, 2019 Filing 98 STIPULATION to Clarify BMW of NA is not a vehicle manufacturer but is a distributor of BMW vehicles and a warrantor of the subject vehicle filed by Plaintiff Farzad Ardestani.(Rosner, Hallen)
February 13, 2019 Filing 97 PROPOSED JURY VERDICT filed by Defendant BMW of North America, LLC. (Cho, Stephen)
February 13, 2019 Filing 96 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Farzad Ardestani.. (Rosner, Hallen)
February 13, 2019 Filing 95 PROPOSED JURY VERDICT filed by Plaintiff Farzad Ardestani. (Rosner, Hallen)
February 12, 2019 Filing 100 SEALED DOCUMENT (hr)
February 12, 2019 Filing 99 SEALED DOCUMENT (hr)
February 12, 2019 Filing 94 MINUTES OF Jury Trial - 1st Day held before Magistrate Judge John D. Early: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 2/13/2019 at 9:00 AM before Magistrate Judge John D. Early. Court Reporter: Debbie Hino-Spaan / Sharon Seffens. (hr)
February 12, 2019 Opinion or Order Filing 93 ORDER by Magistrate Judge John D. Early: granting #85 Non-Resident Attorney Robert M. Zimmerman APPLICATION to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC, designating Stephen K. Cho as local counsel. (see document for details) (hr)
February 12, 2019 Filing 92 TRIAL BRIEF Bench Brief re Calculation of Damages Under The Song-Beverly Consumer Warranty Act filed by Defendant BMW of North America, LLC.. (Cho, Stephen)
February 11, 2019 Opinion or Order Filing 91 FINAL PRE-TRIAL CONFERENCE ORDER by Magistrate Judge John D. Early. (mba)
February 11, 2019 Filing 90 BRIEF filed by Plaintiff Farzad Ardestani. (Rosner, Hallen)
February 8, 2019 Filing 89 TEXT ONLY ENTRY The Court Hereby Denies as Moot APPLICATION of Non-Resident Attorney #78 and Corrected APPLICATION of Non-Resident Attorney #82 in Light of #85 Corrected Application having been submitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mba) TEXT ONLY ENTRY
February 8, 2019 Filing 88 PROPOSED JURY INSTRUCTIONS filed by Defendant BMW of North America, LLC.. (Cho, Stephen)
February 8, 2019 Filing 87 PROPOSED JURY INSTRUCTIONS filed by Defendant BMW of North America, LLC.. (Cho, Stephen)
February 8, 2019 Filing 86 Proposed Voir Dire Questions filed by Defendant BMW of North America, LLC.. (Boyd, Lindsey)
February 7, 2019 Filing 85 Corrected APPLICATION of Non-Resident Attorney Robert M. Zimmerman to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 2/5/2019, Receipt No. 0973-23156035) filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit The Supreme Court of Ohio Certificate of Good Standing, #2 Proposed Order) (Cho, Stephen)
February 7, 2019 Filing 84 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Robert M. Zimmerman to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 2/5/2019, Receipt No. 0973-23156035) #82 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt)
February 7, 2019 Filing 83 TRIAL BRIEF filed by Plaintiff Farzad Ardestani.. (Herman, David)
February 5, 2019 Filing 82 Corrected APPLICATION of Non-Resident Attorney Robert M. Zimmerman to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 2/5/2019, Receipt No. 0973-23156035) filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit The Supreme Court of Ohio Certificate of Good Standing, #2 Proposed Order Proposed Order) (Cho, Stephen)
February 5, 2019 Filing 80 TRIAL BRIEF filed by Defendant BMW of North America, LLC.. (Cho, Stephen)
February 5, 2019 Filing 79 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Robert M. Zimmerman to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23156035) #78 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt)
February 5, 2019 Filing 78 APPLICATION of Non-Resident Attorney Robert M. Zimmerman to Appear Pro Hac Vice on behalf of Defendant BMW of North America, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23156035) filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit The Supreme Court of Ohio Certificate of Good Standing) (Cho, Stephen)
February 4, 2019 Filing 81 MINUTES OF Final Pretrial Conference held before Magistrate Judge John D. Early: The Court and counsel confer re pretrial matters and the Court issues certain further orders, set forth below and/or placed on the record. SEE DOCUMENT FOR FURTHER INFORMATION. The Court will issue a Final Pre- Trial Conference Order prior to trial. Counsel are ordered to be present by 8:30 a.m. on the first day of trial, February 12, 2019. Court Reporter: CS 2/4/19. (twdb)
February 1, 2019 Filing 77 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff Farzad Ardestani.. (Herman, David)
January 29, 2019 Filing 76 Proposed Voir Dire Questions filed by Defendant BMW of North America, LLC.. (Boyd, Lindsey)
January 29, 2019 Filing 75 NOTICE of Appearance filed by attorney Stephen K Cho on behalf of Defendant BMW of North America, LLC (Cho, Stephen)
January 24, 2019 Filing 74 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Farzad Ardestani. (Attachments: #1 [Proposed] Final Pre-Trial Conference Order)(Herman, David)
January 14, 2019 Filing 73 Witness List filed by Defendant BMW of North America, LLC.. (Hernandez, Monica)
January 14, 2019 Filing 72 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant BMW of North America, LLC. (Hernandez, Monica)
January 14, 2019 Filing 71 Witness List filed by Plaintiff Farzad Ardestani.. (Herman, David)
January 14, 2019 Filing 70 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Farzad Ardestani. (Herman, David)
January 14, 2019 Filing 69 Joint Exhibit List filed by Plaintiff Farzad Ardestani.. (Herman, David)
December 14, 2018 Filing 68 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, DENYING EX PARTE APPLICATION #67 .(see document for details) (mba)
December 12, 2018 Filing 67 EX PARTE APPLICATION to Continue Trial date and pretrial dates from February 12, 2019 to March 26, 2019 Re: Pretrial-Trial Scheduling Order - form only, #40 filed by Defendant BMW of North America, LLC. (Attachments: #1 Memorandum in support of Defendant's Opposed Ex Parte Application to Continue Pretrial and Trial Dates, #2 Declaration of Monica Hernandez in Support of Defendant's Opposed Ex Parte Application to Continue Pretrial and Trial Dates, #3 Proposed Order) (Hernandez, Monica)
November 27, 2018 Filing 66 NOTICE of Appearance filed by attorney Monica Y Hernandez on behalf of Defendant BMW of North America, LLC (Attorney Monica Y Hernandez added to party BMW of North America, LLC(pty:dft))(Hernandez, Monica)
November 16, 2018 Filing 65 Notice of Appearance or Withdrawal of Counsel: for attorney Lindsey Jayne Boyd counsel for Defendant BMW of North America, LLC. Adding Lindsey Boyd as counsel of record for BMW of North America, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Attorney Lindsey Jayne Boyd added to party BMW of North America, LLC(pty:dft))(Boyd, Lindsey)
November 7, 2018 Opinion or Order Filing 64 ORDER by Magistrate Judge John D. Early: granting #62 Request to Substitute Attorney. CHRISTOPHER CELENTINO OF DINSMORE & SHOHL LLP is substituted as attorney of record instead of RICHARD L STUHLBARG (SBN 180631); BRIAN TAKAHASHI (SBN 146505); CORINNE D. ORQUIOLA (SBN 226969); MICHAEL J HURVITZ (SBN 249050);PATRICK JOHN RAUE (SBN 293004) OF BOWMAN AND BROOKE LLP. (hr)
November 7, 2018 Filing 63 NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Christopher Celentino in place of attorney Richard L. Stuhlbarg #62 (Attachments: #1 Proposed Order)(Celentino, Christopher)
November 6, 2018 Filing 62 REQUEST TO SUBSTITUTE ATTORNEY Christopher Celentino in place of attorney Richard L. Stuhlbarg filed by Defendant BMW of North America, LLC. (Attorney Christopher Celentino added to party BMW of North America, LLC(pty:dft)) (Celentino, Christopher)
October 15, 2018 Filing 61 MINUTES (IN CHAMBERS): RULINGS ON MOTIONS IN LIMINE ("PMIL") by Magistrate Judge John D. Early. 1. PMIL Nos. 2 and 5 (Dkt. #42 and #45 ) are GRANTED; 2. PMIL Nos. 1, 3, 4 (Dkt. #41 , #43 , #44 ) and DMIL Nos. 1, 3, 4 and 5 (Dkt. #46 , #48 , #49 , #50 ) are DENIED; and 3. DMIL No. 2 (Dkt. #47 ) is GRANTED in part and DENIED in part (see document for further information) (hr)
October 4, 2018 Filing 60 MEMORANDUM in Opposition to Plaintiff's Motion in Limine (#5) filed by Defendant BMW of North America, LLC. (Hurvitz, Michael)
October 4, 2018 Filing 59 MEMORANDUM in Opposition to Plaintiff's Motion in Limine (#4) filed by Defendant BMW of North America, LLC. (Hurvitz, Michael)
October 4, 2018 Filing 58 MEMORANDUM in Opposition to Plaintiff's Motion in Limine (#3) filed by Defendant BMW of North America, LLC. (Hurvitz, Michael)
October 4, 2018 Filing 57 MEMORANDUM in Opposition to Plaintiff's Motion in Limine (#2) filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit 1)(Hurvitz, Michael)
October 4, 2018 Filing 56 MEMORANDUM in Opposition to Plaintiff's Motion in Limine (#1) filed by Defendant BMW of North America, LLC. (Hurvitz, Michael)
October 4, 2018 Filing 55 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Argument re Repair Orders #50 filed by Plaintiff Farzad Ardestani. (Herman, David)
October 4, 2018 Filing 54 MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Preclude Introduction of Evidence of Concerns #49 filed by Plaintiff Farzad Ardestani. (Herman, David)
October 4, 2018 Filing 53 MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude Evidence of Design Defect #48 filed by Plaintiff Farzad Ardestani. (Herman, David)
October 4, 2018 Filing 52 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Testimony of Plaintiff's Expert G. Barnett #47 filed by Plaintiff Farzad Ardestani. (Attachments: #1 Declaration)(Herman, David)
October 4, 2018 Filing 51 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Preclude Subjective Substantial Impairment Testimony #46 filed by Plaintiff Farzad Ardestani. (Herman, David)
September 13, 2018 Filing 50 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Argument re Repair Orders filed by defendant BMW of North America, LLC. Motion set for hearing on 2/4/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit A for MIL #5, #2 Proposed Order ISO of MIL #5)(Hurvitz, Michael)
September 13, 2018 Filing 49 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Introduction of Evidence of Concerns filed by defendant BMW of North America, LLC. Motion set for hearing on 2/4/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit A - D for MIL #4, #2 Proposed Order ISO of MIL #4)(Hurvitz, Michael)
September 13, 2018 Filing 48 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence of Design Defect filed by defendant BMW of North America, LLC. Motion set for hearing on 2/4/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit A - B for MIL #3, #2 Proposed Order ISO of MIL #3)(Hurvitz, Michael)
September 13, 2018 Filing 47 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Testimony of Plaintiff's Expert G. Barnett filed by defendant BMW of North America, LLC. Motion set for hearing on 2/4/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit Ex A - B for MIL #2, #2 Proposed Order ISO of MIL #2)(Hurvitz, Michael)
September 13, 2018 Filing 46 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Subjective Substantial Impairment Testimony filed by defendant BMW of North America, LLC. Motion set for hearing on 2/4/2019 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit Ex A - B ISO MIL #1, #2 Proposed Order ISO of MIL #1)(Hurvitz, Michael)
September 13, 2018 Filing 45 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Reference to Attorney's Fees and Costs filed by Plaintiff Farzad Ardestani.(Herman, David)
September 13, 2018 Filing 44 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Testimony or Evidence Regarding Ability to Repair filed by Plaintiff Farzad Ardestani.(Herman, David)
September 13, 2018 Filing 43 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Documents and Witnesses Not Identified During Discovery filed by Plaintiff Farzad Ardestani.(Herman, David)
September 13, 2018 Filing 42 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Defendant from Referring in any way to BMW of North America's Arbitration Program filed by Plaintiff Farzad Ardestani.(Herman, David)
September 13, 2018 Filing 41 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Witness Testimony from Lay Witnesses filed by Plaintiff Farzad Ardestani. (Attachments: #1 Declaration)(Herman, David)
August 16, 2018 Opinion or Order Filing 40 (IN CHAMBERS) ORDER RE: TRIAL AND PRE-TRIAL CONFERENCE SCHEDULING by Magistrate Judge John D. Early. During the telephonic status conference on August 16, 2018, the Court set the following dates for trial in this matter: Motions in Limine to be filed by 9/13/2018. Pretrial Conference set for 2/4/2019 at 10:00 AM. Jury Trial set for 2/12/2019 at 9:00 AM. (see document for further details) (hr)
August 16, 2018 Filing 39 MINUTES OF TELEPHONIC TRIAL SETTING CONFERENCE held before Magistrate Judge John D. Early: Case called. Appearances made. Court and counsel confer re trial setting, schedule, and procedures. Separate order to follow. Court Recorder: CS 8/16/18. (hr)
August 3, 2018 Opinion or Order Filing 38 MINUTE (IN CHAMBERS) ORDER VACATING SETTLEMENT CONFERENCE/SETTING TRIAL SETTING CONFERENCE by Magistrate Judge John D. Early: Pursuant to the consent of the parties, the case has been reassigned to Magistrate Judge John D. Early for all purposes. The Settlement Conference previously scheduled for August 16, 2018 at 10:00 a.m. is vacated. Instead, the parties and the Court shall have a telephonic trial setting conference on August 16, 2018 at 10:00 a.m. to discuss trial time estimates and availability for trial commencing in October 2018. (hr)
July 27, 2018 Filing 37 NOTICE of Appearance filed by attorney Patrick John Raue on behalf of Defendant BMW of North America, LLC (Attorney Patrick John Raue added to party BMW of North America, LLC(pty:dft))(Raue, Patrick)
July 27, 2018 Filing 36 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 12-01 is approved by District Judge Cormac J. Carney and Magistrate Judge John D. Early. This case is hereby reassigned to Magistrate Judge John D. Early for all further proceedings. Case number will now read 8:17-cv-00721 JDE. (rn)
July 26, 2018 Filing 35 NOTICE OF LODGING filed re Statement #31 (Attachments: #1 Proposed Order Statement of Consent to Proceed before a United States Magistrate Judge)(Herman, David)
July 19, 2018 Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Dillon Jones counsel for Defendant BMW of North America, LLC. Dillon Jones will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Jones, Dillon)
July 17, 2018 Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement #31 . The following error(s) was/were found: Other error(s) with document(s): Wrong event and form used, the correct event is "Notice">"Notice of Lodging" and the correct form CV 11D form has to be attached. Please refer to General Order 12-01.. 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)
July 16, 2018 Filing 33 MINUTES OF Telephonic Conference held before Magistrate Judge John D. Early: Case called. Appearances made. Court and counsel confer. The Court sets a Settlement Conference for August 16, 2018 at 10:00 a.m. A further order regarding settlement conference procedures shall issue. Court Recorder: CS 7/16/18. (hr)
July 16, 2018 Filing 31 STATEMENT Consent to Proceed Before U.S. Magistrate Judge filed by Defendant BMW of North America, LLC (Attachments: #1 Proof of Electronic Service)(Hurvitz, Michael)
July 13, 2018 Opinion or Order Filing 30 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early. SETTING TELEPHONIC CONFERENCE. On July 5, 2018, Judge Carney directed the parties, Plaintiff Farzad Ardestani ("Plaintiff") and Defendant BMW of North America, LLC ("Defendant"), to: (1) contact the assigned Magistrate Judge's CRD within seven days to find a mutually convenient time for a settlement conference; and (2) meet and confer regarding a possible consent to proceeding to trial before the assigned Magistrate Judge and advise Judge Carney of the decision by July 26, 2018. On July 12, 2018, counsel for Plaintiff sent an email, copying counsel for Defendant, to the Magistrate Judge's CRD setting forth dates Plaintiff was available for a settlement conference and identifying certain dates when counsel for Defendant was unavailable. As of the preparation of this minute order, the Magistrate Judge's CRD has yet to hear of any available dates from Defendants counsel, while the Court's calendar continues to fill with other matters, closing potential dates for a settlement conference in this matter in the ensuing weeks. As a result, the Court hereby sets a telephonic conference for Monday, July 16. 2018, at 11:30 a.m. to discuss the setting of a settlement conference. The Court will hold August 16, 2018 open as a potential date for a settlement conference until the telephonic hearing. (mba)
July 6, 2018 Filing 29 NOTICE Notice of Completion of Mediation filed by Plaintiff Farzad Ardestani. (Herman, David)
July 5, 2018 Filing 28 MINUTE IN CHAMBERS by Judge Cormac J. Carney: Order 1) Vacating Pretrial Conference and Trial, 2) Denying Plaintiffs' MOTIONS IN LIMINE Without Prejudice, 3) Ordering the Parties to Settlement Conference before the Assigned Magistrate Judge and 4) Ordering the Parties to Notify the Court if They Consent to Referral to the Magistrate Judge for Trial. (mt)
July 5, 2018 Filing 27 Memorandum of Contentions of Fact and Law filed by Defendant BMW of North America, LLC (Hurvitz, Michael)
July 3, 2018 Filing 26 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Reference to Attorney's Fees and Costs filed by Plaintiff Farzad Ardestani. Motion set for hearing on 8/6/2018 at 03:00 PM before Judge Cormac J. Carney.(Herman, David)
July 3, 2018 Filing 25 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Testimony or Evidence Regarding Ability to Repair filed by Plaintiff Farzad Ardestani. Motion set for hearing on 8/6/2018 at 03:00 PM before Judge Cormac J. Carney.(Herman, David)
July 3, 2018 Filing 24 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Documents and Witnesses Not Identified in Discovery filed by Plaintiff Farzad Ardestani. Motion set for hearing on 8/6/2018 at 03:00 PM before Judge Cormac J. Carney.(Herman, David)
July 3, 2018 Filing 23 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Defendant from Referring in any way to BMW of North America's Arbitration Program filed by Plaintiff Farzad Ardestani. Motion set for hearing on 8/6/2018 at 03:00 PM before Judge Cormac J. Carney.(Herman, David)
July 3, 2018 Filing 22 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Testimony from Lay Witnesses filed by Plaintiff Farzad Ardestani. Motion set for hearing on 8/6/2018 at 03:00 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration)(Herman, David)
June 13, 2018 Opinion or Order Filing 21 ORDER by Judge Cormac J. Carney: Granting Joint Stipulation to Extend Expert Discovery Deadline #20 (mt)
June 6, 2018 Filing 20 Joint STIPULATION to Extend Discovery Cut-Off Date to July 9, 2018 filed by defendant BMW of North America, LLC. (Attachments: #1 Proposed Order)(Hurvitz, Michael)
May 15, 2018 Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Dillon Jones counsel for Defendant BMW of North America, LLC. Adding Dillon D. Jones as counsel of record for BMW of North America, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Attorney Dillon Jones added to party BMW of North America, LLC(pty:dft))(Jones, Dillon)
May 4, 2018 Filing 18 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, re Motion to Compel Discovery #15 . On April 20, 2018, Plaintiff Farzad Ardestani ("Plaintiff") filed a Motion for Order Compelling Discovery Responses [Dkt. 15 (the "Motion")] from Defendant BMW of North America, LLC ("Defendant") set for hearing on May 17, 2018, supported by a Local Rule 37 Joint Stipulation of the parties [Dkt. 15-1 ("Jt. Stip." or "Joint Stipulation")]. Pursuant to Local Rule 37-2.3, the parties are permitted to file a supplemental memorandum of law not later than 14 days prior to the hearing date, in this case, by not later than May 3, 2018. Neither party filed a supplemental memorandum. As a result, the Motion is fully briefed. As the parties jointly "request that the Court address this matter in an expeditious manner," and as the Court finds that matter appropriate for decision without oral argument (see Local Rule 7-15), the hearing scheduled for May 17, 2018 at 10:00 a.m. is taken off calendar. As a result, the Motion is GRANTED. Defendant is ordered to produce data responsive to Request for Production No. 35, in compliance with the provisions of Rule 34 regarding the production of electronically stored information, to Plaintiff by no later than 21 days from the date of this Order.(see document for additional details) (mba)
April 23, 2018 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION #15 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb)
April 23, 2018 Filing 16 SCHEDULING NOTICE Plaintiff's Motion for Order Compelling Discovery Response #15 currently set before Judge Early on May 17, 2018 at 10:00 in Courtroom 6B has been moved as to location only. The new location for the hearing will be Courtroom 6A. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mba) TEXT ONLY ENTRY
April 20, 2018 Filing 15 NOTICE OF MOTION AND MOTION for Hearing Motion for Order Compelling Discovery Response filed by Plaintiff Farzad Ardestani. Motion set for hearing on 5/17/2018 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Plaintiff's Motion for Order Compelling Discovery Response - Joint Written Stipulation)(Herman, David)
April 18, 2018 Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Hurvitz counsel for Defendant BMW of North America, LLC. Stephen K. Cho is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Hurvitz, Michael)
April 13, 2018 Opinion or Order Filing 13 ORDER by Judge Cormac J. Carney Granting Stipulated Protective Order #12 . GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective Order. IT IS SO ORDERED. (dro)
April 13, 2018 Filing 12 Joint STIPULATION for Protective Order filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order Granting Stipulated Protective Order)(Attorney Michael J Hurvitz added to party BMW of North America, LLC(pty:dft))(Hurvitz, Michael)
September 19, 2017 Opinion or Order Filing 11 ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (mku)
September 19, 2017 Opinion or Order Filing 10 SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 5/10/2018. Motions due by 7/9/2018. Last date to conduct settlement conference is 6/5/2018. Pretrial Conference set for 8/6/2018 at 3:00 p.m. Jury Trial set for 8/14/2018 at 8:30 a.m. (mku)
September 12, 2017 Filing 9 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial four to five days, filed by Plaintiff Farzad Ardestani.. (Herman, David)
September 11, 2017 Opinion or Order Filing 8 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. The Court, on its own motion, hereby ORDERS plaintiff's counsel, to show cause in writing no later than September 14, 2017, why this action should not be dismissed for lack of prosecution for failure to file a joint report (FRCivP 26). As an alternative to a written response by plaintiff, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: (see document for details). (dro)
June 21, 2017 Filing 7 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on September 15, 2017. (mku)
April 21, 2017 Filing 6 NOTICE of Appearance filed by attorney Jeffrey L Le Pere on behalf of Plaintiff Farzad Ardestani (Attachments: #1 Certificate of Service)(Attorney Jeffrey L Le Pere added to party Farzad Ardestani(pty:pla))(Le Pere, Jeffrey)
April 21, 2017 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
April 21, 2017 Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (et)
April 19, 2017 CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant BMW of North America, LLC. [FILED IN STATE COURT ON 4/18/2017 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL AS ATTACHMENT #2](et)
April 19, 2017 CONFORMED FILED COPY OF COMPLAINT against Defendants BMW of North America, LLC, Does 1 through 75, inclusive, filed by Plaintiff Farzad Ardestani. [FILED IN STATE COURT ON 3/14/2017 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL AS ATTACHMENT #1] (et)
April 19, 2017 Filing 3 CERTIFICATE of Interested Parties filed by Defendant BMW of North America, LLC, identifying BMW (US) Holding Corp.. (Cho, Stephen)
April 19, 2017 Filing 2 CIVIL COVER SHEET filed by Defendant BMW of North America, LLC. (Cho, Stephen)
April 19, 2017 Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2017-00908595-CU-BE-CJC Receipt No: 0973-19717397 - Fee: $400, filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Attorney Stephen K Cho added to party BMW of North America, LLC(pty:dft))(Cho, Stephen)

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Search for this case: Farzad Ardestani v. BMW of North America, LLC et al
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Plaintiff: Farzad Ardestani
Represented By: David L Herman
Represented By: Jeffrey L Le Pere
Represented By: Hallen David Rosner
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Defendant: Does 1 through 75, inclusive
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Defendant: BMW of North America, LLC
Represented By: Robert M Zimmerman
Represented By: Lindsey Jayne Boyd
Represented By: Michael J Hurvitz
Represented By: Stephen K Cho
Represented By: Richard L Stuhlbarg
Represented By: Dillon D Chen
Represented By: Corinne D Orquiola
Represented By: Patrick John Raue
Represented By: Christopher Celentino
Represented By: Monica Y Hernandez
Represented By: Brian Takahashi
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