Valdez v. Ford Motor Company et al
| Luis Valdez |
| Ford Motor Company |
| 1:2021cv00118 |
| January 27, 2021 |
| US District Court for the Eastern District of California |
| Stanley A Boone |
| Jennifer L Thurston |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER GRANTING #28 Defendant's Substitution of Attorney and DIRECTING Clerk of Court to Update Docket, signed by Magistrate Judge Stanley A. Boone on 2/13/2023. Attorney Spencer Hugret for Ford Motor Company in place of attorney Charles Harlow. (Rivera, O)
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Filing 28
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Ford Motor Company. (Dye, Stephen)
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Filing 27
MINUTE ORDER (Text Only Entry) The Court is aware that at least one motion remains under submission before the undersigned in this matter. As a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may be six or more months until the motion(s) in this matter is resolved. The Court reiterates that the magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should any party wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on October 12, 2022. (Munoz, I)
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Filing 26
MINUTE ORDER (Text Only Entry) In light of the fact that the motion for summary judgment #21 remains under submission, the pretrial conference set for 10/14/2022 is VACATED. Upon the resolution of the pending motion, if any claims remain in this case, the Court will set a status conference to discuss any remaining scheduling issues. The parties are again warned that civil motions and trials set before district judges in this district are likely to continue to experience significant delays due to judicial resource shortages. The parties are further reminded of their ongoing obligation to inform the Court should circumstances change so as to render any pending motion moot. Finally, the parties are informed that Judge Thurston normally requires a formal settlement conference before any civil case proceeds to trial. If the parties wish to set a settlement conference, they should email Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on September 19, 2022. (Munoz, I)
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Filing 25
REPLY by Ford Motor Company re #21 Motion for Summary Judgment,, #22 Statement, #24 Opposition to Motion,,. (Attachments: #1 Declaration Supplemental Declaration of Stephen H. Dye ISO, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Response Reply to Plaintiff's Response to Defendant's Statement of Undisputed Facts, #7 Response Response to Plaintiff's Statement of Undisputed Facts ISO Opposition)(Dye, Stephen)
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Filing 24
OPPOSITION by Luis Valdez to #21 Motion for Summary Judgment,,. (Attachments: #1 Declaration of AG In Support Of Opposition, #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, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Response to Ford's Sept Stmnt, #19 Statement of Undisputed Facts In Support Of Opposition)(Galaviz, Anna)
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Filing 23
MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion for summary judgment #21 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on August 10, 2022. (Munoz, I)
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Filing 22
STATEMENT of Undisputed Facts ISO filed by Defendant Ford Motor Company re #21 MOTION FOR SUMMARY JUDGMENT. (Dye, Stephen)
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Filing 21
MOTION FOR SUMMARY JUDGMENT by Ford Motor Company. Motion Hearing set for 9/8/2022 at 10:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Stephen H. Dye ISO, #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, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Dye, Stephen)
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Filing 20
ORDER VACATING JUNE 15, 2022 HEARING, AND GRANTING DEFENDANT'S UNOPPOSED MOTION TO MODIFY THE SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 6/01/2022. IT IS HEREBY ORDERED the hearing on Defendant's motion set for June 15, 2022 (ECF No. #14 ) is VACATED. Defendant's unopposed motion to amend the scheduling order (ECF No. 14) is GRANTED. The scheduling order issued on April 29, 2021 (ECF No. #10 ) is modified as follows: a. Nonexpert Discovery Deadline: July 15, 2022; b. Expert Discovery Deadline: July 29, 2022; c. Dispositive Motion Filing Deadline: August 4, 2022; and d. Pre-trial Conference: October 14, 2022, at 1:30 p.m. in Courtroom 4. All other dates and aspects of the scheduling order, as previously modified, shall remain in effect. (Gonzales, V)
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Filing 19
MOTION Supplemental Declaration of Charles F. Harlow re #18 Motion for Miscellaneous Relief, by Ford Motor Company. Motion Hearing set for 6/15/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Harlow, Charles)
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Filing 18
MOTION Supplemental Brief in Support of Motion to Amend Scheduling Order re #14 Motion for Miscellaneous Relief, by Ford Motor Company. Motion Hearing set for 6/15/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Harlow, Charles)
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Filing 17
ORDER REQUIRING DEFENDANT TO SUBMIT SUPPLEMENTAL BRIEFING IN SUPPORT OF MOTION TO MODIFY SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 5/23/2022. IT IS HEREBY ORDERED that within seven (7) days of entry of this order, Defendant shall file supplemental briefing addressing the diligence and good cause to reopen discovery in this action, as explained in this order. (Gonzales, V)
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Filing 16
STATEMENT of NON-OPPOSITION by Luis Valdez re #15 Order,, Set/Reset Deadlines and Hearings, #14 MOTION Amend Scheduling Order. Attorney Galaviz, Anna H. added. (Galaviz, Anna)
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Filing 15
ORDER REQUIRING Plaintiff to File Statement Indicating Whether They Intend to Oppose #14 Motion to Amend Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 5/11/2022. Statement due within five (5) days of entry of this order. (Rivera, O)
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Filing 14
MOTION Amend Scheduling Order by Ford Motor Company. Motion Hearing set for 6/15/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration Declaration of Charles F. Harlow, #2 Proposed Order)(Harlow, Charles)
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Filing 13
STANDING ORDER signed by District Judge Jennifer L. Thurston on 01/26/2022. (Flores, E)
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Filing 12
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Sant Agata, S)
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Filing 11
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Gonzalez, R)
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Filing 10
SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 4/29/2021: Initial Disclosures due by 5/5/2021, Non-Expert Discovery due by 12/13/2021, Expert Disclosure due by 2/11/2022, Supplemental Expert Disclosure due by 3/11/2022, Expert Discovery due by 5/13/2022, Dispositive Motions filed by 4/8/2022. Pretrial Conference set for 9/8/2022 at 08:30 AM in Courtroom 4. (Apodaca, P)
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Filing 9
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 4/29/2021. Scheduling order to follow. Plaintiff's Counsel Carrie Shuemake present. Defendants' Counsel Charles Harlow present. (Apodaca, P)
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Filing 8
JOINT SCHEDULING REPORT by Luis Valdez. (Barry, David)
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Filing 7
STATUS REPORT by Luis Valdez. (Barry, David)
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Filing 6
Order continuing scheduling conferences, signed by Magistrate Judge Stanley A. Boone on 4/5/2021. (Initial Scheduling Conference currently set for 4/8/2021 has been CONTINUED TO 4/29/2021 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone)(Rosales, O.) .
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Filing 5
STATUS REPORT by Luis Valdez. (Attachments: #1 Exhibit 1)(Barry, David)
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Filing 4
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 3/23/2021: (Text Only Entry), Due to the Court's schedule the Scheduling Conference is reset from 4/1/2021 to 4/8/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. (Hernandez, M)
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Filing 3
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Harlow, Charles)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 4/1/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Maldonado, C)
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Filing 1
NOTICE of REMOVAL from Superior of California, County of Fresno, case number 20CEG03686 by Luis Valdez. (Filing fee $ 402, receipt number 0972-9384422) (Attachments: #1 Exhibit A-Ntc of Service of Process, #2 Exhibit B-Original Complaint, #3 Exhibit C-Superior Court Summons, #4 Exhibit D-Answer OBO Ford, #5 Exhibit E-MSRP Invoice, #6 Exhibit F-Ford's 2017 10-K Filing Excerpt, #7 Exhibit G-Repair Orders, #8 Civil Cover Sheet, #9 Declaration of Counsel ISO Removal, #10 Notice of Interested Entities on Behalf of Defendant Ford Motor Company)(Harlow, Charles)
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| Defendant: Ford Motor Company | |
| Represented By: | Charles F. Harlow |
| Represented By: | Stephen H. Dye |
| Represented By: | Spencer Peter Hugret |
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| Plaintiff: Luis Valdez | |
| Represented By: | David N. Barry |
| Represented By: | Anna H. Galaviz |
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