Eric Garant et al v. FCA US LLC et al
| Eric Garant and Valerie Senior |
| FCA US LLC, Does 1 through 10, inclusive and Tuttle-Click Tustin, Inc. |
| 8:2020cv01975 |
| October 13, 2020 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Contract Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 33 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/1/2021 Mot Atty Fees transcript re Transcript #32 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY |
| Filing 32 TRANSCRIPT for proceedings held on 2/1/2021 Mot Atty Fees transcript. Court Reporter: DEBBIE GALE (NOTE: PAYPAL/credit card option available for daily delivery of copies for a limited time at website www.DebbieGale.com) Transcript may only be viewed at the court public terminal or purchased through the Court Reporter Website (www.debbiegale.com) before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter website or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased through the Court Reporter. (Contact: Email: DebbieGaleCSR@gmail.com, Telephone 714-558-8141). Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/13/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/21/2021. (Gale, Debbie) |
Filing 31
ORDER by Judge David O. Carter, GRANTING IN PART PLAINTIFFS' NOTICE OF MOTION AND MOTION for Attorney Fees, Costs, and Expenses #19 . The Court hereby awards Plaintiffs counsel, Strategic Legal Practices, APC, $34,141.50 in attorneys fees and $1,241.98 in costs and expenses, totaling $35,383.48. Plaintiffs request for a multiplier is denied. Plaintiffs request for an estimated $4,750 in attorneys fees for drafting the Reply brief is denied. (twdb)
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| Filing 30 MINUTES OF Motion Hearing held before Judge David O. Carter: (HELD VIA ZOOM): PLAINTIFFS APPLICATION FOR CLERK TO TAX COSTS AGAINST DEFENDANTS #18 ; PLAINTIFFS MOTION FOR ATTORNEYS FEES #19 . SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Debbie Gale. (twdb) |
| Filing 29 SCHEDULING NOTICE by Judge David O. Carter. The Court GRANTS the two Requests for Leave of Anh Nguyen to Appear via ZOOM at the hearing on Motion for Attorney Fees, Costs, and Expenses #19 #22 . All counsel may appear via Zoom. The Court's Zoom information is posted on the Court's website at: http://www.cacd.uscourts.gov/honorable-david-o-carter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 28 NOTICE of Appearance filed by attorney Bradley M Tanner on behalf of Defendant FCA US LLC (Attachments: #1 Certificate / Proof of Service)(Attorney Bradley M Tanner added to party FCA US LLC(pty:dft))(Tanner, Bradley) |
| Filing 27 REQUEST for Leave of Anh Nguyen to Appear for by Telephone at the hearing on Motion for Attorney Fees, Costs, and Expenses filed by Plaintiffs Eric Garant, Valerie Senior. Request set for hearing on 2/1/2021 at 11:00 AM before Judge David O. Carter. (Attachments: #1 Declaration, #2 Proposed Order) (Nguyen, Anh) |
| Filing 26 REQUEST for Leave of Anh Nguyen to Appear for by Telephone at the Further Status Conference regarding Mediation filed by Plaintiffs Eric Garant, Valerie Senior. Request set for hearing on 2/1/2021 at 11:00 AM before Judge David O. Carter. (Attachments: #1 Declaration, #2 Proposed Order) (Nguyen, Anh) |
| Filing 25 SCHEDULING NOTICE by Judge David O. Carter. The Court continues the time for the Motion for Attorney Fees #19 to 11:00 a.m. on 2/1/2021. Counsel shall meet the Judge at the east facing entrance of the COURTHOUSE (not the courtroom) located off of Fourth Street. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 24 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #19 filed by Plaintiffs Eric Garant, Valerie Senior. (Attachments: #1 Declaration Supplemental Declaration of Anh Nguyen, #2 Evidentiary Objections to ES Declaration, #3 Response to Defendant's Evidentiary Objections)(Nguyen, Anh) |
| Filing 23 Opposition in Opposition re: NOTICE OF MOTION AND MOTION for Attorney Fees #19 filed by Defendant FCA US LLC. (Attachments: #1 Declaration of EDS iso Opp to Fee Motion, #2 Exhibit A to EDS iso Opp to Fee Motion, #3 Exhibit B to EDS iso Opp to Fee Motion, #4 Exhibit C to EDS iso Opp to Fee Motion, #5 Exhibit D to EDS iso Opp to Fee Motion, #6 Exhibit E to EDS iso Opp to Fee Motion, #7 Exhibit F to EDS iso Opp to Fee Motion, #8 Exhibit G to EDS iso Opp to Fee Motion, #9 Exhibit H to EDS iso Opp to Fee Motion, #10 Exhibit I to EDS iso Opp to Fee Motion, #11 Exhibit J to EDS iso Opp to Fee Motion, #12 Evidentiary Objections to AN Declaration, #13 Evidentiary Objections to PS Declaration, #14 Evidentiary Objections to RJN, #15 Certificate of Service)(Sentlinger, Eric) |
| Filing 22 [AMENDED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES, COSTS AND EXPENSES filed as] Amendment to NOTICE OF MOTION AND MOTION for Attorney Fees #19 filed by Plaintiffs Eric Garant, Valerie Senior. (Nguyen, Anh) Modified on 12/29/2020 (lom). |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Attorney Fees #19 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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. (lom) |
| Filing 20 DECLARATION of Tionna Dolin in support of NOTICE OF MOTION AND MOTION for Attorney Fees #19 filed by Plaintiffs Eric Garant, Valerie Senior. (Dolin, Tionna) |
| Filing 19 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs Eric Garant, Valerie Senior. Motion set for hearing on 2/1/2021 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Point s and Authorities, #2 Declaration of Anh Nguyen, #3 Exhibit 1 to AN Dec, #4 Exhibit 2 to AN Dec, #5 Exhibit 3 to AN Dec, #6 Declaration of Payam Shahian, #7 Exhibit 1 to PS Dec, #8 Exhibit 2 to PS Dec, #9 Exhibit 3 to PS Dec, #10 Exhibit 4 to PS Dec, #11 Exhibit 5 to PS Dec, #12 Exhibit 6 to PS Dec, #13 Exhibit 7 to PS Dec, #14 Exhibit 8 to PS Dec, #15 Exhibit 9 to PS Dec, #16 Exhibit 10 to PS Dec, #17 Exhibit 11 to PS Dec, #18 Exhibit 12 to PS Dec, #19 Exhibit 13 to PS Dec, #20 Exhibit 14 to PS Dec, #21 Exhibit 15 to PS Dec, #22 Request for Judicial Notice, #23 Proposed Order) (Nguyen, Anh) |
| Filing 18 APPLICATION to the Clerk to Tax Costs against Defendants All Defendants filed by Plaintiffs Eric Garant, Valerie Senior. (Attachments: #1 Declaration of Anh Nguyen, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9) (Nguyen, Anh) |
| Filing 17 JUDGMENT by Judge David O. Carter, in favor of Eric Garant, Valerie Senior against FCA US LLC. FCA will pay Plaintiffs $190,000 for the Subject Vehicle, inclusive of civil penalties and any incidental/consequential damages. Related to: Stipulation for Judgment #16 . SEE DOCUMENT FOR FURTHER INFORMATION. (MD JS-6, Case Terminated). (twdb) |
| Filing 16 STIPULATION for Judgment as to Proposed Judgment filed by Plaintiffs Eric Garant, Valerie Senior.(Nguyen, Anh) |
| Filing 15 NOTICE of Acceptance of Defendant's Offer of Judgment Pursuant to Fed R. Civ. P. 68 filed by Plaintiffs Eric Garant, Valerie Senior. (Nguyen, Anh) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Anh X Nguyen counsel for Plaintiffs Eric Garant, Valerie Senior. Adding Anh Nguyen as counsel of record for Eric Garant and Valerie Senior for the reason indicated in the G-123 Notice. Filed by Plaintiffs Eric Garant and Valerie Senior. (Attorney Anh X Nguyen added to party Eric Garant(pty:pla), Attorney Anh X Nguyen added to party Valerie Senior(pty:pla))(Nguyen, Anh) |
| Filing 13 SCHEDULING NOTICE by Judge David O. Carter. The Parties in this matter are not in compliance with this Courts scheduling order, which ORDERS parties to file their Rule 26(f) report with the Court no later than fourteen (14) days prior to the Scheduling Conference set by the Court. Scheduling Order at 2. The Report is now due on or before tomorrow at 12:00PM. Failure to submit the order will result in dismissal for lack of prosecution. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/14/2020 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kd)
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| Filing 11 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) |
| Filing 10 CERTIFICATE OF SERVICE filed by Defendant FCA US LLC, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 , Notice of Assignment to United States Judges(CV-18) - optional html form #8 served on 10/14/2020. (Maclear, Amy) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (car) |
| Filing 7 NOTICE of Appearance filed by attorney Vernice Trina Louie on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Vernice Trina Louie added to party FCA US LLC(pty:dft))(Louie, Vernice) |
| Filing 6 NOTICE of Appearance filed by attorney Eric D Sentlinger on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Eric D Sentlinger added to party FCA US LLC(pty:dft))(Sentlinger, Eric) |
| Filing 5 NOTICE of Appearance filed by attorney Amy Patricia Maclear on behalf of Defendant FCA US LLC (Attachments: #1 Certificate of Service)(Attorney Amy Patricia Maclear added to party FCA US LLC(pty:dft))(Maclear, Amy) |
| Filing 4 NOTICE of Appearance filed by attorney Spencer Peter Hugret on behalf of Defendants FCA US LLC, Tuttle-Click Tustin, Inc. (Attachments: #1 Certificate of Service to Notice of Appearance of SPH)(Attorney Spencer Peter Hugret added to party Tuttle-Click Tustin, Inc.(pty:dft))(Hugret, Spencer) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant FCA US LLC, identifying FCA US LLC; FCA North America Holdings, LLC; FCA Holdco B.V., Fiat Chrysler Automobiles, N.V.. (Attachments: #1 Certificate of Service)(Hugret, Spencer) |
| Filing 2 CIVIL COVER SHEET filed by Defendant FCA US LLC. (Attachments: #1 Certificate of Service)(Hugret, Spencer) |
| Filing 1 NOTICE OF REMOVAL from Orange Superior Court, case number 30-2019-01092187-CU-BC-CJC Receipt No: ACACDC-28507858 - Fee: $400, filed by Defendant FCA US LLC. (Attachments: #1 Declaration of SPH iso Removal, #2 Declaration of ES iso Removal, #3 Exhibit A to ES Decl (Complaint 13 pgs), #4 Exhibit B to ES Decl (FAC 20 pgs), #5 Exhibit C to ES Decl (Pltf RFD of Tuttle-Click 4 pgs), #6 Exhibit D to ES Decl (RISC 5 pgs), #7 Exhibit E to ES Decl (Summons 2 pgs), #8 Exhibit F to ES Decl (Civil Case Cover 3 pgs), #9 Exhibit G to ES Decl (ADR Packet 11 pgs), #10 Exhibit H to ES Decl (Ntc of Case Assignment 2 pgs), #11 Exhibit I to ES Decl (Ntc of CMC 3 pgs), #12 Exhibit J to ES Decl (POS Summons on Tuttle-Click 4 pgs), #13 Exhibit K to ES Decl (POS Summons on FCA US LLC 3 pgs), #14 Exhibit L to ES Decl (Decl of TJ re Demurrer Extension 6 pgs), #15 Exhibit M to ES Decl (DLR Answer to Complaint 10 pgs), #16 Exhibit N to ES Decl (FCA Ntc of Demurrer 4 pgs), #17 Exhibit O to ES Decl (FCA MPA iso Demurrer 18 pgs), #18 Exhibit P to ES Decl (Decl of Atty iso Demurrer 9 pgs), #19 Exhibit Q to ES Decl (Proposed Order iso Demurrer 4 pgs), #20 Exhibit R to ES Decl (FCA Ntc of MTS 4 pgs), #21 Exhibit S to ES Decl (FCA MPA iso MTS 9 pgs), #22 Exhibit T to ES Decl (Decl of Atty iso MTS 9 pgs), #23 Exhibit U to ES Decl (Proposed Order iso MTS 4 pgs), #24 Exhibit V to ES Decl (11-21-19 Minute Order & Clerks POS 3 pgs), #25 Exhibit W to ES Decl (Pltfs CMS for 12-5-19 CMC 7 pgs), #26 Exhibit X to ES Decl (Pltfs Ntc of Posting Jury Fees 3 pgs), #27 Exhibit Y to ES Decl (FCA CMS for 3-19-2020 8 pgs), #28 Exhibit Z to ES Decl (3-16-2020 Minutes Order and Clerk's POS 3 pgs), #29 Exhibit AA to ES Decl (3-17-2020 Minute Order and Clerk's POS 3 pgs), #30 Exhibit BB to ES Decl (3-19-2020 Minute Order and Clerk's POS 3 pgs), #31 Exhibit CC to ES Decl (FCA CMS for 3-2-2020 8 pgs), #32 Exhibit DD to ES Decl (4-15-2020 Stipulation & PO 14 pgs), #33 Exhibit EE to ES Decl (FCA CMS for 5-15-2020 8 pgs), #34 Exhibit FF to ES Decl (5-19-2020 MSC Ntc 3 pgs), #35 Exhibit GG to ES Decl (5-19-2020 Trial Ntc 3 pgs), #36 Exhibit HH to ES Decl (5-26-2020 Clerk's POS and Order on Stip and PO 16 pgs), #37 Exhibit II to ES Decl (DLR Ntc of MTC Arbitration 4 pgs), #38 Exhibit JJ to ES Decl (DLR MPA iso MTC Arbitration 21 pgs), #39 Exhibit KK to ES Decl (DLR Decl iso MTC Arbitration 9 pgs), #40 Exhibit LL to ES Decl (DLR Proposed Order iso MTC Arbitration 3 pgs), #41 Exhibit MM to ES Decl (Ntc of Demurrer to FAC 4 pgs), #42 Exhibit NN to ES Decl (MPA iso Demurrer to FAC 18 pgs), #43 Exhibit OO to ES Decl (Decl iso Demurrer to FAC 6 pgs), #44 Exhibit PP to ES Decl (Proposed Order iso Demurrer to FAC 4 pgs), #45 Exhibit QQ to ES Decl (Ntc of MTS FAC 4 pgs), #46 Exhibit RR to ES Decl (MPA iso MTS FAC 9 pgs), #47 Exhibit SS to ES Decl (Decl iso MTS FAC 6 pgs), #48 Exhibit TT to ES Decl (Proposed Order iso MTS FAC 4 pgs), #49 Exhibit UU to ES Decl (Decl for Extension re Demurrer 6 pgs), #50 Exhibit VV to ES Decl (Ntc of Hearing 4 pgs), #51 Exhibit WW to ES Decl (6-12-2020 Pltf's Opp to Demurrer FAC 22 pgs), #52 Exhibit XX to ES Decl (6-12-2020 Pltfs Opp to MTS FAC 9 pgs), #53 Exhibit YY to ES Decl (Reply to Pltfs Opp to Demurrer 8 pgs), #54 Exhibit ZZ to ES Decl (Reply to Pltfs Opp to MTS 5 pgs), #55 Exhibit AAA to ES Decl (Pltfs Opp to MTC Arbitration 22 pgs), #56 Exhibit BBB to ES Decl (RJN iso Pltf's Opp to MTC Arbitration 4 pgs), #57 Exhibit CCC to ES Decl (Decl iso Pltfs Opp to MTC Arbitration 42 pgs), #58 Exhibit DDD to ES Decl (DLR Reply MPA to MTC Arbitration 10 pgs), #59 Exhibit EEE to ES Decl (9-24-2020 Minutes 2 pgs), #60 Exhibit FFF to ES Decl (Joint Statement re Status of Dismissal and MTC Arbitration 5 pgs), #61 Exhibit GGG to ES Decl (9-30-2020 Minute Order (MSC & Jury Trial) 3 pgs), #62 Exhibit HHH to ES Decl (Form 10K 3 pgs), #63 Exhibit III to ES Decl (Form 20-F 19 pgs), #64 Exhibit JJJ to ES Decl (Official Registration 5 pgs), #65 Exhibit KKK to ES Decl (POS MTC Arbitration 2 pgs), #66 Exhibit LLL to ES Decl (Nationwide Confirmation for MTC Arbitration 3 pgs), #67 Certificate of Service for Removal Documents) (Attorney Spencer Peter Hugret added to party FCA US LLC(pty:dft))(Hugret, Spencer) |
| CONFORMED COPY OF REQUEST FOR DISMISSAL filed by Plaintiffs Eric Garant, Valerie Senior pursuant to FRCP 41a(1) as to Tuttle-Click Tustin, Inc. Without Prejudice. Filed in State Court on 10/13/20 Submitted with Attachment 5 Exhibit C to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Eric Garant, Valerie Senior, upon Defendant FCA US LLC served on 8/26/2019, answer due 9/16/2019. Service of the Summons and Complaint were executed upon Carlos Paz Agent for CT Corporation System, Inc. Registered Agent in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. Filed in State Court on 8/29/19 Submitted with Attachment 13 Exhibit K to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Eric Garant, Valerie Senior, upon Defendant Tuttle-Click Tustin, Inc. served on 8/26/2019, answer due 9/16/2019. Service of the Summons and Complaint were executed upon Mayra Cuellar, Administrative Assistant in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 8/28/19 Submitted with Attachment 12 Exhibit J to Notice of Removal #1 (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Tuttle-Click Tustin, Inc. Filed in State Court on 10/23/19 Submitted with Attachment 15 Exhibit M to Notice of Removal #1 .(Attorney Thomas Joseph Walsh added to party Tuttle-Click Tustin, Inc.(pty:dft))(car) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 10, inclusive, FCA US LLC, Tuttle-Click Tustin, Inc. amending Complaint - (Discovery),, filed by Plaintiffs Eric Garant, Valerie Senior. Filed in State Court on 10/13/20 Submitted with Attachment 4 Exhibit B to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, FCA US LLC, Tuttle-Click Tustin, Inc. Jury Demanded, filed by Plaintiffs Eric Garant, Valerie Senior. Filed in State Court on 8/21/2019 Submitted with Attachment 3 Exhibit A to Notice of Removal #1 (car) |
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