Duran et al v. Mercedes-Benz USA LLC
| Johnny J Duran, III and Christina Duran |
| Mercedes-Benz USA LLC |
| 1:2023cv00783 |
| May 22, 2023 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Barbara A McAuliffe |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 13
MINUTE ORDER (TEXT Only): Due to the current status of this case, the SCHEDULING CONFERENCE currently set for 8/22/2023 is continued to December 19, 2023, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #8 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/18/2023. (Valdez, E)
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| Filing 12 REPLY by Mercedes-Benz USA LLC re #8 Motion to Dismiss,. (Tahsildoost, Soheyl) |
| Filing 11 OPPOSITION by Christina Duran, Johnny J Duran, III to #8 Motion to Dismiss,. (Attachments: #1 Declaration of Maite Colon in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss Plaintiffs' Complaint, #2 Exhibit A to Declaration of M. Colon - Rodriguez v. FCA US LLC Express Warranty Manual (Relevant Excerpt Only), #3 Exhibit B to Declaration of M. Colon - 2005 BMW's Express Warranty Manual (Relevant Excerpt Only), #4 Exhibit C to Declaration of M. Colon - 2022 BMW's Express Warranty Manual (Relevant Excerpt Only))(Colon, Maite) |
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Filing 10
MINUTE ORDER signed by District Judge Ana de Alba on 6/12/2023: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #8 Motion to Dismiss 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 advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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| Filing 9 REQUEST for JUDICIAL NOTICE by Mercedes-Benz USA LLC in re #8 Motion to Dismiss,. (Attachments: #1 Exhibit 1-Fish v Tesla, #2 Exhibit 2-Neyra v MBUSA, #3 Exhibit 3-Edwards v MBUSA, #4 Exhibit 4-Barboza v MBUSA, #5 Exhibit 5-Arana v Tesla)(Tahsildoost, Soheyl) |
| Filing 8 MOTION to DISMISS by Mercedes-Benz USA LLC. Motion Hearing set for 7/17/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration of Mehgan Gallagher, #2 Exhibit A-Sales Contract, #3 Proposed Order)(Tahsildoost, Soheyl) |
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Filing 7
ORDER GRANTING #5 Stipulation to Extend Defendant Mercedes-Benz USA, LLC's Time to Respond to Plaintiff's Complaint signed by Magistrate Judge Barbara A. McAuliffe on 5/31/2023. Response due by 6/9/2023. (Lawrence, A)
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| Filing 6 NOTICE of APPEARANCE by Maite Christine Colon on behalf of Christina Duran, Johnny J Duran, III. Attorney Colon, Maite Christine added. (Colon, Maite) |
| Filing 5 STIPULATION and PROPOSED ORDER for for Extension for MBUSA to file response to Complaint by Mercedes-Benz USA LLC. (Attachments: #1 Declaration of Mehgan Gallagher, #2 Proposed Order)(Tahsildoost, Soheyl) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/22/2023 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Maldonado, C) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Mercedes-Benz USA LLC. (Tahsildoost, Soheyl) |
| Filing 2 CIVIL COVER SHEET filed by Mercedes-Benz USA LLC (Tahsildoost, Soheyl) |
| Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 23CECG01295 by Christina Duran, Johnny J Duran, III. (Filing fee $ 402, receipt number ACAEDC-10870922) (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Corp Statement Info, #3 Exhibit C-Sales Contract)(Tahsildoost, Soheyl) |
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