Guzman et al v. Mercedes-Benz USA, LLC
| Israel Guzman and Alicia Guzman |
| Mercedes-Benz USA, LLC |
| 2:2022cv01623 |
| September 15, 2022 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 REPLY by Mercedes-Benz USA, LLC to RESPONSE to #11 Motion to Dismiss,. (Tahsildoost, Soheyl) |
| Filing 14 OPPOSITION by Alicia Guzman, Israel Guzman to #11 Motion to Dismiss,. (David, Chad) |
| Filing 13 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 22cv1623: Pursuant to Local Rule 230(c), because defendant's pending #11 Motion to Dismiss was filed on 9/29/2022, plaintiffs' deadline to file either an opposition or a statement of non-opposition to the pending motion was 10/13/2022. Because plaintiffs have failed to comply with the Local Rules in this regard, the court hereby directs plaintiffs to file an opposition or a statement of non-opposition to the pending #11 motion no later than 10/ 31/2022. If an opposition is filed, defendant may file a reply no later than 10 days after the opposition is filed. Alternatively, if plaintiffs no longer intend to prosecute this action, plaintiffs shall file any appropriate stipulation or request pursuant to Federal Rule of Civil Procedure 41. Plaintiffs are warned that their failure to respond to this order as directed may result in this case being dismissed due to plaintiffs' failure to comply with court orders and failure to prosecute.(Buzo, P) |
| Filing 12 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 10/10/2022: re #11 Motion to Dismiss. The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021, and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022, and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision. In order to devote the court's limited resources to working through this extensive backlog of previously submitted motions as quickly as possible, Judge Drozd has reluctantly determined that hearings on civil motions will not be held before him until substantial progress has been made on clearing the backlog of motions. Accordingly, the court hereby VACATES all hearings on civil motions set before Judge Drozd in this case. The parties should not contact Judge Drozd's chambers to inquire as to whether a hearing on a pending motion will be held. If the court later determines that a hearing on a pending motion will be helpful or is required by the Federal Rules of Civil Procedure, the court will specially set the motion for a hearing. All other court appearances (e.g., status conferences, pretrial conferences, trials) remain on calendar. Although hearings on civil motions will not be held at this time, all applicable filing and notice requirements remain in place. Any motions the parties file must be noticed for a hearing date that complies with the Local Rules and Judge Drozd's Standing Order, as the hearing date remains important for the court's docket management, even if the hearing itself will not be held. In addition, all briefing deadlines remain the same and are not impacted by this order. Finally, Judge Drozd urges the parties to cooperate in meet and confer efforts and do their part to avoid unnecessary motion practice by reaching agreement and filing stipulations whenever possible. (Buzo, P) |
| Filing 11 MOTION to DISMISS by Mercedes-Benz USA, LLC. Motion Hearing set for 11/15/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Soheyl Tahsildoost, #2 Proposed Order)(Tahsildoost, Soheyl) Modified on 9/30/2022 (Kastilahn, A). |
| Filing 10 DEMAND for TRIAL by JURY by Alicia Guzman, Israel Guzman. (David, Chad) |
| Filing 9 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. (David, Chad) |
| Filing 8 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/23/2022: Pursuant to the parties' #7 Stipulation, defendant shall file a response to the complaint no later than 9/29/2022. (Buzo, P) |
| Filing 7 STIPULATION to Extend Time to Respond to Complaint by Mercedes-Benz USA, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Tahsildoost, Soheyl) Modified on 9/23/2022 (Coll, A). |
| Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/7/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Licea Chavez, V) |
| Filing 5 EXHIBIT B to #1 Notice of Removal by Mercedes-Benz USA, LLC. (Attachments: #1 Exhibit B- Sales Contract)(Tahsildoost, Soheyl) |
| Filing 4 CIVIL COVER SHEET by Mercedes-Benz USA, LLC (Tahsildoost, Soheyl) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Mercedes-Benz USA, LLC. (Tahsildoost, Soheyl) |
| Filing 2 NOTICE OF INTERESTED PARTIES by Mercedes-Benz USA, LLC. (Tahsildoost, Soheyl) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2022-00324661 by Mercedes-Benz USA, LLC. (Filing fee $ 402, receipt number ACAEDC-10442311) (Attachments: #1 Exhibit A- Complaint)(Tahsildoost, Soheyl) |
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