Olguin, Jr. v. FCA US LLC
| Jose Olguin, Jr. |
| FCA US LLC and FCA US, LLC |
| 1:2021cv01789 |
| December 20, 2021 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Christopher D Baker |
| Jennifer L Thurston |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 39
STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Christopher D. Baker on 7/24/2023. (Hall, S)
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Filing 38
STIPULATION and PROPOSED ORDER for Discovery Protective Order by Jose Olguin, Jr.. (LaRocque, Elizabeth)
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Filing 37
NOTICE OF WITHDRAWAL OF COUNSEL by Jose Olguin, Jr.. (Dolin, Tionna)
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Filing 36
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 7/14/2023: Based on the parties' representations in their joint report about the status of discovery (Doc. #35 ), and the absence of any anticipated impediments to timely completing discovery, the Mid-Discovery Status Conference set for July 20, 2023, is VACATED. The Court reminds and encourages the parties to continue diligently undertaking and completing discovery within the scheduled case management dates. The parties initially reported to the Court their anticipated need to enter a protective order on March 2, 2023 (Doc. #29 ) but represent in their most recent report that they have yet to finalize a mutually agreeable protective order. Accordingly, no later than July 21, 2023, the parties SHALL FILE either a stipulated protective order for entry by the Court or a joint report identifying two dates/times of mutual availability during the week of July 24, 2023, to appear before the Court to address finalization of a protective order. In any such joint report, the parties shall each identify in no more than two pages the issues preventing finalization of a protective order. (Hall, S)
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Filing 35
JOINT STATUS REPORT by Jose Olguin, Jr.. (LaRocque, Elizabeth)
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Filing 34
NOTICE of APPEARANCE by Elizabeth A LaRocque on behalf of Jose Olguin, Jr.. Attorney LaRocque, Elizabeth A added. (LaRocque, Elizabeth)
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Filing 33
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 5/17/2023: To accommodate the Court's schedule, the Mid-Discovery Status Conference set for 7/12/2023 is CONTINUED to 7/20/2023 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint status report shall be filed in compliance with the procedures set forth in the Scheduling Order (Doc. #32 ). (Hall, S)
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Filing 32
SCHEDULING ORDER, signed by Magistrate Judge Christopher D. Baker on 3/10/2023. Discovery Deadlines: Non-Expert 10/13/2023; Expert 12/15/2023. Mid-Discovery Status Conference set for 7/12/2023 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. Non-Dispositive Motions filed by 1/12/2024. Dispositive Motions filed by 3/8/2024. Pretrial Conference set for 6/17/2024 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. Jury Trial set for 8/20/2024 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Hall, S)
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Filing 31
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Christopher D. Baker: SCHEDULING CONFERENCE held off the record on 3/9/2023. Case scheduled; Court to issue Scheduling Order. Plaintiffs Counsel Ariel Harman-Holmes present. Defendants Counsel Trina Clayton present. (Hall, S)
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Filing 30
AMENDED DOCUMENT by Jose Olguin, Jr.: Amended #29 Scheduling Report. (Harman-Holmes, Ariel)
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Filing 29
JOINT SCHEDULING REPORT by Jose Olguin, Jr.. (Harman-Holmes, Ariel)
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Filing 28
ORDER DENYING Defendant's #9 Motion to Dismiss, signed by District Judge Jennifer L. Thurston on 02/13/2023. (Martin-Gill, S)
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Filing 27
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 10/14/2022: Due to the pending motion to dismiss, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference currently set for 10/26/2022 before Magistrate Judge Sheila K. Oberto is CONTINUED to 3/9/2023 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and the Zoom ID and password will be provided to counsel by the Courtroom Deputy prior to the conference. The parties are reminded of their obligation to file a joint report at least one week prior to the conference and the report shall also be e-mailed, in Word format, to CDBorders@caed.uscourts.gov. (Hall, S)
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Filing 26
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 25
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Lundstrom, T)
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Filing 24
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. (Attachments: #1 Certificate of Service)(Vilchez, Katherine)
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Filing 23
NOTICE of APPEARANCE by Spencer Peter Hugret on behalf of FCA US, LLC. (Attachments: #1 Certificate of Service)(Hugret, Spencer)
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Filing 22
NOTICE of APPEARANCE by Trina M. Clayton on behalf of FCA US, LLC. Attorney Clayton, Trina M. added. (Attachments: #1 Certificate of Service)(Clayton, Trina)
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Filing 21
NOTICE of APPEARANCE by Katherine P. Vilchez on behalf of FCA US, LLC. Attorney Vilchez, Katherine P. added. (Attachments: #1 Certificate of Service)(Vilchez, Katherine)
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Filing 20
ORDER SUBSTITUTING ATTORNEY Spencer Peter Hugret for FCA US, LLC in place of attorney Scott Steven Shepardson, signed by Magistrate Judge Sheila K. Oberto on 08/18/2022. (Martin-Gill, S)
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Filing 19
REQUEST for Substitution of Attorney by FCA US, LLC. (Shepardson, Scott)
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Filing 18
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 6/22/2022: In light of the pending motion to dismiss, the Scheduling Conference set for 7/12/2022 is CONTINUED to 10/26/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Text Only Entry) (Hall, S)
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Filing 17
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Tionna Dolin for Jose Olguin, Jr., attorney Karin Kuemerle terminated (Dolin, Tionna)
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Filing 16
NOTICE of APPEARANCE by Ariel Harman-Holmes on behalf of Jose Olguin, Jr.. Attorney Harman-Holmes, Ariel added. (Harman-Holmes, Ariel)
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Filing 15
REPLY by FCA US, LLC re #9 Motion to Dismiss,. (Attachments: #1 Defendant FCA US LLC's Objections to Plaintiff's Request for Judicial Notice in Opposition to Motion to Dismiss, #2 Proposed Order)(Shepardson, Scott)
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Filing 14
REQUEST for JUDICIAL NOTICE by Jose Olguin, Jr. in re #13 Opposition to Motion. (Attachments: #1 Exhibit A - Recall T23, #2 Exhibit B - December 12, 2017 Correspondence, #3 Exhibit C - January 22, 2018 Letter, #4 Exhibit D - Safety Recall U01, #5 Exhibit E - Revised U01 March 2018)(Kuemerle, Karin)
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Filing 13
OPPOSITION by Jose Olguin, Jr. to #9 Motion to Dismiss,. (Kuemerle, Karin)
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Filing 12
NOTICE of APPEARANCE by Karin Kuemerle on behalf of Jose Olguin, Jr.. Attorney Kuemerle, Karin added. (Kuemerle, Karin)
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Filing 11
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 to dismiss #9 will be decided on the papers. No hearing will be calendared. The hearing date selected by the movant will nonetheless serve to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). 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 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 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 February 2, 2022. (Munoz, I)
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Filing 10
MINUTE ORDER, signed by Magistrate Judge Sheila K. Oberto on 2/2/2022: In light of the pending motion to dismiss, the Scheduling Conference set for 3/16/2022 is CONTINUED to 7/12/2022 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties are reminded of their obligation to file a joint scheduling report at least one week prior to the conference. (Text Only Entry) (Hall, S)
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Filing 9
MOTION to DISMISS by FCA US, LLC. Attorney Shepardson, Scott Steven added. Motion Hearing set for 3/3/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Defendant FCA US LLC's Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Defendant FCA US LLC's Certificate of Interested Entities or Persons)(Shepardson, Scott)
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Filing 8
NOTICE of CHANGE of ADDRESS by Tionna Dolin. (Dolin, Tionna)
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Filing 7
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/26/2022. (Gonzalez, R)
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Filing 6
SUMMONS RETURNED EXECUTED: FCA US, LLC served on 1/11/2022, answer due 2/1/2022. (Dolin, Tionna)
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Filing 5
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. Documents filed in this case shall continue to include the temporary magistrate judge initials *(SKO)* until such time as a new Bakersfield magistrate is appointed. (Gonzalez, R)
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Filing 4
NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Sheila K. Oberto* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SKO)* (Gonzalez, R)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/16/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Clarification Order, #5 Consent Form, #6 VDRP) (Flores, E)
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Filing 2
SUMMONS ISSUED as to *FCA US LLC* with answer to complaint due within *21* days. Attorney *Tionna Dolin* *Strategic Legal Practices, APC* *1840 Century Park East, Suite 430* *Los Angeles, CA 90067*. (Flores, E)
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Filing 1
COMPLAINT against FCA US LLC by Jose Olguin, Jr. Attorney Dolin, Tionna added. (Filing fee $ 402, receipt number ACAEDC-9982083) (Attachments: #1 Civil Cover Sheet) (Dolin, Tionna)
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