Gordon et al v. FCA US, LLC
| Robert Gordon and Lauren Gordon |
| FCA US, LLC |
| 2:2017cv02572 |
| December 7, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G Hollows |
| Kimberly J Mueller |
| Kendall J Newman |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 NOTICE of Withdrawal of Attorney by Lauren Gordon, Robert Gordon. (Cutler, Jacob) Modified on 1/28/2020 (Zignago, K.). |
| Filing 65 MINUTE ORDER issued by Courtroom Deputy C. Schultz Chief District Judge Kimberly J. Mueller: This action is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties' Stipulation to Dismiss (ECF No. #64 ). The court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. Of America, 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382. Accordingly, all pending Motions (ECF Nos. #35 , #36 , #37 , #38 , #39 , #40 , #41 ) are DENIED as MOOT, and this case is CLOSED. (Text Only Entry)(Schultz, C) |
| Filing 64 STIPULATION and PROPOSED ORDER to Dismiss Case with Prejudice with the Court Retaining Jurisdiction Over the Settlement by Lauren Gordon, Robert Gordon. (Attachments: #1 Proposed Order)(Cutler, Jacob) Modified on 1/24/2020 (Kaminski, H). |
| Filing 63 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the additional time needed to fully execute the settlement agreement, the parties' stipulated request for extension of time (ECF No. #62 ) is GRANTED. Accordingly, the deadline for filing dispositional documents is EXTENDED to 12/20/2019. (Text Only Entry) (Schultz, C) |
| Filing 62 STIPULATION and PROPOSED ORDER for Contiuance of Date to File Dispositional Documents by Lauren Gordon, Robert Gordon. (Attachments: #1 Proposed Order)(Cutler, Jacob) Modified on 11/21/2019 (Coll, A). |
| Filing 61 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the additional time needed to finalize the settlement of this action, the parties' stipulated request for extension of time (ECF No. #60 ) is GRANTED. Accordingly, the deadline for filing dispositional documents is EXTENDED to 11/20/2019. (Text Only Entry) (Schultz, C) |
| Filing 60 STIPULATION to Continue Dismissal Date by Lauren Gordon, Robert Gordon. (Attachments: #1 Proposed Order)(Cutler, Jacob) Modified on 10/16/2019 (Coll, A). |
| Filing 59 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Pursuant to the parties' representations, the court has determined this case has settled. (See ECF No. #58 ) Dispositional documents shall be filed no later than 10/21/2019. Accordingly, all previously set deadlines/hearings are VACATED. (Text Only Entry) (Schultz, C) |
| Filing 58 NOTICE of SETTLEMENT by Lauren Gordon, Robert Gordon. Attorney Shippen-Murray, Brian Tate added. Dispositional Docs due by 11/27/2019. (Shippen-Murray, Brian) |
| Filing 57 DEFENDANTS' PRETRIAL STATEMENT filed by FCA US LLC.(Sachs, Michael) (Docket Text Modified on 9/27/2019 by C. Schultz) |
| Filing 56 PLAINTIFFS' PRETRIAL STATEMENT filed by Lauren Gordon and Robert Gordon.(Sanchez, Marcy) (Docket Text Modified on 9/27/2019 by C. Schultz) |
| Filing 55 MINUTE ORDER: (Text Only) re 49 Minute Order. Please be advised, the Settlement Conference currently scheduled on 9/24/2019 at 10:00 a.m. is hereby VACATED from the calendar per the discussion at the Informal Conferences which were conducted this afternoon. (Callen, V) |
| Filing 54 NOTICE of APPEARANCE by Jacob Cutler on behalf of Lauren Gordon, Robert Gordon. Attorney Cutler, Jacob added. (Cutler, Jacob) |
| Filing 53 NOTICE of APPEARANCE by Michael K. Tcheng on behalf of FCA US LLC. Attorney Tcheng, Michael K. added. (Tcheng, Michael) |
| Filing 52 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by Lauren Gordon, Robert Gordon (Sanchez, Marcy) |
| Filing 51 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by FCA US LLC (Haddad, Georges) |
| Filing 50 NOTICE of Change in Designation of Counsel (Withdrawal of Matthew Evans) by Lauren Gordon, Robert Gordon. (Evans, Matthew) Modified on 8/29/2019 (Mena-Sanchez, L). |
| Filing 49 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 8/27/2019. IT IS HEREBY ORDERED: Due to the Court's unavailability, the Settlement Conference previously scheduled in this matter for 9/11/2019 is continued to 9/24/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The parties are directed to submit confidential settlement conference statements on or before 9/17/2019, to the following email address: dborders@caed.uscourts.gov. Additionally, each party shall file a "Notice of Submission of Confidential Settlement Conference Statement." (Rule 270 (d)). All parties are required to have principals present at the settlement conference. IT IS FURTHER ORDERED, the previously scheduled Informal Telephonic Conference set for 9/9/2019 is continued to 9/23/2019 at 02:30 PM in in the Chambers of Magistrate Judge Deborah Barnes. To access the conference call, parties are instructed to call the following toll-free number from a land line: (877) 336-1828 and enter access code: 1864917 and follow the remaining prompts. IT IS ALSO FURTHER ORDERED the lead attorney appearing at the settlement conference shall make the telephonic appearance at the informal conference. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) |
| Filing 48 OPPOSITION by FCA US LLC to #41 Motion In Limine No. 5. (Adams, Barbara) |
| Filing 47 OPPOSITION by FCA US LLC to #40 Motion In Limine No. 4. (Adams, Barbara) |
| Filing 46 OPPOSITION by FCA US LLC to #39 Motion In Limine No. 3. (Adams, Barbara) |
| Filing 45 OPPOSITION by FCA US LLC to #36 Motion In Limine No. 2. (Adams, Barbara) |
| Filing 44 OPPOSITION by FCA US LLC to #35 Motion In Limine No. 1. (Adams, Barbara) |
| Filing 43 OPPOSITION by Lauren Gordon, Robert Gordon to #36 Motion In Limine No. 2. (Evans, Matthew) |
| Filing 42 OPPOSITION by Lauren Gordon, Robert Gordon to #35 Motion In Limine No. 1. (Evans, Matthew) |
| Filing 41 PLAINTIFFS' MOTION IN LIMINE NO. 5 to Exclude Evidence or Argument That the Implied Warranty was Disclaimed filed by Lauren Gordon and Robert Gordon. (Evans, Matthew) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 40 PLAINIFFS' MOTION IN LIMINE NO. 4 to Exclude Expert Opinions From Non-Designated Experts filed by Lauren Gordon and Robert Gordon. (Evans, Matthew) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 39 PLAINTIFFS' MOTION IN LIMINE NO. 3 to Exclude Evidence or Argument that Defendant Conformed the Vehicle to Warranty Within a Reasonable Number of Repair Attempts Because Defendant Repaired a Particular Component filed by Lauren Gordon and Robert Gordon. (Evans, Matthew) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 38 PLAINTIFFS' MOTION IN LIMINE NO. 2 to Exclude Evidence or Argument That Plaintiffs Did Not Make Sufficient Efforts to Obtain a Repurchase or Replacement of the Subject Vehicle filed by Lauren Gordon and Robert Gordon. (Evans, Matthew) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 37 PLAINTIFFS' MOTION IN LIMINE NO. 1 to Exclude Evidence Regarding Hypothetical Repairs filed by Lauren Gordon and Robert Gordon. (Evans, Matthew) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 36 DEFENDANT'S MOTION IN LIMINE NO. 2 to Exclude Evidence of Unreported Complaints or Complaints Presented Only Once for Repair filed by FCA US LLC. (Adams, Barbara) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 35 DEFENDANT'S MOTION IN LIMINE NO. 1 to Exclude Plaintiff from Claiming, or Implying, a Right to Recover Non-Recoverable Damages filed by FCA US LLC. (Adams, Barbara) (Docket Text Modified on 8/12/2019 by C. Schultz) |
| Filing 34 NOTICE of APPEARANCE by Marcy Gribin Sanchez on behalf of Lauren Gordon, Robert Gordon. Attorney Sanchez, Marcy Gribin added. (Sanchez, Marcy) |
| Filing 33 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 6/24/2019. IT IS HEREBY ORDERED: This matter having been referred by District Court Judge Kimberly J. Mueller for a settlement conference, an Informal Telephonic Conference is set for 9/9/2019 at 02:30 PM in the Chambers of Magistrate Judge Deborah Barnes. To access the conference call, parties are instructed to call the following toll free number from a land line: (877) 336-1828, and enter access code: 1864917 plus (#) and follow prompts.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
Filing 32
FINAL PRETRIAL ORDER signed by District Judge Kimberly J. Mueller on 6/20/2019 ORDERING motions in limine shall be filed no later than 8/9/2019. Oppositions shall be filed no later than 8/23/2019. Replies, if any, shall be filed no later than 8/30/2019. Settlement Conference set for 9/11/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Jury Trial set for 10/21/2019 at 01:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Zignago, K.)
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| Filing 31 NOTICE of APPEARANCE by Matthew Gary Evans on behalf of Lauren Gordon, Robert Gordon. Attorney Evans, Matthew Gary added. (Evans, Matthew) |
| Filing 30 JOINT STATEMENT OF THE CASE by Plaintiffs Lauren Gordon, Robert Gordon. (Haw, Christine) |
| Filing 29 NOTICE of APPEARANCE by Michael Harris Rosenstein on behalf of Lauren Gordon, Robert Gordon. Attorney Rosenstein, Michael Harris added. (Rosenstein, Michael) |
| Filing 28 MINUTES for FINAL PRETRIAL CONFERENCE held before District Judge Kimberly J. Mueller on 5/17/2019. Plaintiffs' Counsel, Christine Haw, present. Defendant's Counsel, Michael Sachs, present. The court and counsel discussed a viable trial date, the number of jurors to be seated, motions in limine, the setting of a settlement conference, and additional matters related to trial. The court CONFIRMED a 3 day Jury Trial to begin on 10/21/2019 at 1:30 PM, with 7 jurors to be seated. The court advised the parties that a motion in limine briefing schedule will be included in the forthcoming final pretrial order. After discussion with the parties and without objection, the court advised the parties they will be sent to a settlement conference before another judge of this court prior to trial. A written final pretrial order will issue. Court Reporter: Diane Shepard. (Text Only Entry) (Schultz, C) |
| Filing 27 MINUTE ORDER issued by Relief Courtroom Deputy J. Fabillaran for District Judge Kimberly J. Mueller: Although the court advanced the Final Pretrial Conference date in this case due to a scheduling conflict, that scheduling conflict has been resolved. Accordingly, the Final Pretrial Conference set for 5/16/2019 is VACATED and RESET for 5/17/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Fabillaran, J) |
| Filing 26 JOINT PRETRIAL STATEMENT by Plaintiffs Lauren Gordon, Robert Gordon.(Haw, Christine) Modified on 4/26/2019 (Huang, H). |
| Filing 25 NOTICE of APPEARANCE by Christine J. Haw on behalf of Lauren Gordon, Robert Gordon. (Haw, Christine) |
| Filing 24 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of a scheduling conflict and on the court's own motion, the Final Pretrial Conference set for 5/17/2019 is VACATED and ADVANCED to 5/16/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint pretrial statement due 4/25/2019. (Text Only Entry)(Schultz, C) |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the expiration of the dispositive motion deadline and on the court's own motion, a Final Pretrial Conference is SET for 5/17/2019 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with a joint pretrial statement due 4/26/2019. The parties should be prepared to confirm a trial date within 60 to 120 days from the date of the Final Pretrial Conference, and should be available for trial accordingly. (Text Only Entry) (Schultz, C) |
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Filing 22
ORDER signed by District Judge Kimberly J. Mueller on 12/17/18 CONTINUING Expert Discovery Deadline to 2/22/2019 and CONTINUING Dispositive Motions Deadline to 3/22/2019. (Coll, A)
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Filing 21
ORDER REASSIGNING CASE signed by Chief Judge Lawrence J. O'Neill: Due to the retirement of Magistrate Judge *Gregory G. Hollows* from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Kendall J. Newman* for all further proceedings. (Washington, S)
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| Filing 20 STIPULATION and PROPOSED ORDER for Request to Extend Deadlines by FCA US LLC. (Sachs, Michael) |
| Filing 19 NOTICE of APPEARANCE by Christine J. Haw on behalf of Lauren Gordon, Robert Gordon. Attorney Haw, Christine J. added. (Haw, Christine) |
| Filing 18 NOTICE to withdraw Benjeman Beck attorney for plaintiffs from the service list by Lauren Gordon, Robert Gordon. (Beck, Benjeman) Modified on 7/2/2018 (Reader, L). |
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Filing 17
PROTECTIVE ORDER-CONFIDENTIAL DESIGNATION ONLY signed by Magistrate Judge Gregory G. Hollows on 5/21/18. (Mena-Sanchez, L)
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| Filing 16 STIPULATION and PROPOSED order for Protective Order - Confidential Designation Only by Lauren Gordon, Robert Gordon. (Oliva, Vanessa) Modified on 5/11/2018 (Reader, L). |
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Filing 15
STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 5/4/18 ORDERING that Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed within 14 days of the scheduling conference;. All discovery shall be completed by 9/28/18; the parties shall meet and confer and file a joint discovery protective order within fourteen (14) days of the scheduling conference; Disclosure of Expert Witnesses due by 10/29/18; all expert discovery shall be completed by 12/21/18; all Dispositive Motions shall be heard not later than 1/31/19; this Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order. (Becknal, R)
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| Filing 14 MINUTES for SCHEDULING CONFERENCE held before District Judge Kimberly J. Mueller on 4/26/2018. Plaintiffs' Counsel, Benjeman Beck, present. Defendant's Counsel, Georges Haddad, present. The court and counsel discussed case scheduling. A formal written scheduling order will issue. Court Reporter: Kacy Barajas. (Text Only Entry) (Michel, G.) |
| Filing 13 JOINT SCHEDULING REPORT by Lauren Gordon, Robert Gordon. (Beck, Benjeman) |
| Filing 12 NOTICE of OFFER of JUDGMENT Pursuant to Federal Rule of Civil Procedure 68 by FCA US, LLC. (Sachs, Michael) Modified on 3/21/2018 (Fabillaran, J). |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 4/12/2018 is VACATED and RESET for 4/26/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 10 NOTICE OF INTERESTED PARTIES by FCA US, LLC. Attorney Sachs, Michael Benjamin added. (Sachs, Michael) |
| Filing 9 NOTICE of APPEARANCE by Vanessa Jessica Oliva on behalf of Lauren Gordon, Robert Gordon. Attorney Oliva, Vanessa Jessica added. (Oliva, Vanessa) |
| Filing 8 NOTICE of APPEARANCE by Benjeman R. Beck on behalf of Lauren Gordon, Robert Gordon. (Beck, Benjeman) |
| Filing 7 CERTIFICATE of SERVICE by FCA US, LLC. (Haddad, Georges) |
| Filing 6 CERTIFICATE of SERVICE by FCA US, LLC. of #3 #4 New Case Documents (Haddad, Georges) Modified on 12/21/2017 (Benson, A.). |
| Filing 5 NOTICE of APPEARANCE by Benjeman R. Beck on behalf of Lauren Gordon, Robert Gordon. (Beck, Benjeman) |
| Filing 4 AMENDED CIVIL NEW CASE DOCUMENT ISSUED; Initial Scheduling Conference set for 4/12/2018 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Reader, L) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/12/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Reader, L) |
| Filing 2 CIVIL COVER SHEET by FCA US, LLC (Adams, Barbara) |
| Filing 1 NOTICE of REMOVAL from Sacramento Superior, case number 34-2017-00221823 by All Plaintiffs. (Filing fee $ 400, receipt number 0972-7401625) (Adams, Barbara) |
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