Macut v. Wabash National Corporation et al
Plaintiff: Emily Macut
Defendant: Wabash National Corporation, MP Trans Inc., Willie Boyd and Philip Portwood Family Trust
Case Number: 1:2022cv00231
Filed: February 23, 2022
Court: US District Court for the Eastern District of California
Presiding Judge: BakersfieldMJ
Referring Judge: Jennifer L Thurston
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2022 Opinion or Order Filing 17 REPLY by Emily Macut re #10 Amended Complaint, #14 Opposition to Motion, #11 Motion to Remand. (Harp, Victoria)
March 28, 2022 Opinion or Order Filing 16 ANSWER by Wabash National Corporation.(Desmond, John)
March 28, 2022 Opinion or Order Filing 15 SUMMONS ISSUED as to *Willie Boyd, MP Trans Inc., Philip Portwood Family Trust* with answer to complaint due within *21* days. Attorney *Victoria L. Harp* *Rodriguez & Associates* *1128 Truxtun Ave.* *Bakersfield, CA 93301*. (Jessen, A)
March 24, 2022 Opinion or Order Filing 14 OPPOSITION by Wabash National Corporation to #11 Motion to Remand. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Desmond, John)
March 18, 2022 Opinion or Order Filing 13 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 remand #11 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 March 18, 2022. (Munoz, I)
March 16, 2022 Opinion or Order Filing 12 MINUTE ORDER (TEXT ENTRY ONLY) In light of Plaintiff's filing of a First Amended Complaint on March 15, 2022 #10 pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), Defendant Wabash National Corporation's Motion to Dismiss #8 is DENIED as moot signed by District Judge Jennifer L. Thurston on March 16, 2022. (Munoz, I)
March 15, 2022 Opinion or Order Filing 11 MOTION to REMAND by Emily Macut. Motion Hearing set for 4/7/2023 at 09:00 AM in Courtroom 4 before District Judge Jennifer L. Thurston. (Harp, Victoria)
March 15, 2022 Opinion or Order Filing 10 FIRST AMENDED COMPLAINT against All Defendants by Emily Macut. Attorney Harp, Victoria L. added.(Harp, Victoria)
March 11, 2022 Opinion or Order Filing 9 MINUTE ORDER, signed by Magistrate Judge Stanley A. Boone on 3/11/2022: In light of the pending motion to dismiss, the Scheduling Conference currently set for 4/18/2022 is CONTINUED to 10/18/2022 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. 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)
March 10, 2022 Opinion or Order Filing 8 MOTION to DISMISS by Wabash National Corporation. Motion Hearing set for 4/7/2022 at 09:00 AM in Courtroom 4 before District Judge Jennifer L. Thurston. (Desmond, John)
February 24, 2022 Opinion or Order Filing 7 NOTICE OF COMPLIANCE by Wabash National Corporation re #1 Notice of Removal. (Attachments: #1 Exhibit A)(Desmond, John)
February 24, 2022 Opinion or Order Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/18/2022 at 11:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Worksheet, #2 Standing Order, #3 Consent Form, #4 VDRP) (Marrujo, C)
February 24, 2022 Opinion or Order Filing 5 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 Stanley A. Boone* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SAB)* (Marrujo, C)
February 24, 2022 Opinion or Order RECEIPT number ACAEDC-10090747 for $402.00 for Wabash National Corporation from John Desmond. (Sant Agata, S)
February 23, 2022 Opinion or Order Filing 4 NOTICE To Plaintiff of Removal of Action by Wabash National Corporation re #1 Notice of Removal. (Desmond, John)
February 23, 2022 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Wabash National Corporation. (Desmond, John)
February 23, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET by Wabash National Corporation (Desmond, John)
February 23, 2022 Opinion or Order Filing 1 NOTICE of REMOVAL from Superior Court of California, Kern County, case number BCV-22-100318 by Wabash National Corporation. (Attachments: #1 Exhibit A)(Desmond, John)

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Plaintiff: Emily Macut
Represented By: Daniel Rodriguez
Represented By: Joel T. Andreesen
Represented By: Victoria L. Harp
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Defendant: Wabash National Corporation
Represented By: John P. Desmond
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Defendant: MP Trans Inc.
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Defendant: Willie Boyd
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Defendant: Philip Portwood Family Trust
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