McNamara v. Mercedes-Benz USA, LLC
Patrick McNamara |
Mercedes-Benz USA, LLC |
2:2023cv01748 |
August 17, 2023 |
US District Court for the Eastern District of California |
Carolyn K Delaney |
Dale A Drozd |
Contract: Other |
28 U.S.C. ยง 1441 Petition for Removal- Contract Dispute |
Plaintiff |
Docket Report
This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 1/9/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Mena-Sanchez, L) |
Filing 6 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Dale A. Drozd and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:23-cv-01748-DAD-CKD. (Mena-Sanchez, L) |
Filing 5 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. (Tahsildoost, Soheyl) |
Filing 4 MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 8/28/2023: This case was removed on 8/17/2023 and assigned solely to the undersigned pursuant to Appendix A of the court's Local Rules. Under the Initial Scheduling Order, all parties were to inform the Clerk of Court of their decision whether to Consent or Decline magistrate judge jurisdiction for all purposes in this case by filing their Consent/Decline form (ECF No. 2-1 at 4) within 14 days of removal from state court. (ECF No. #2 , para. 2.) There is no obligation to consent, and no judge will be notified of a party's decision unless all parties have consented. See Fed. R. Civ. P. 73(b)(1). However, for proper case administration, each party must inform the Clerk of Court whether or not it consents to magistrate judge jurisdiction for all purposes. Therefore, no later than 9/8/2023 all parties SHALL file their Consent/Decline form.Further, the parties are reminded that defendant's Answer filed on 8/24/2023 triggers the 30-day deadline for the parties to file a Joint Status Report addressing the subjects listed in Local Rule 240(a) to assist the court in setting a scheduling order for the case. (See ECF No. #2 , para. 3.) However, that deadline only applies if all parties consent to magistrate judge jurisdiction for all purposes under 28 U.S.C. 636(c). In the event that not all parties consent, this case would be randomly reassigned to a district judge as presiding judge, and that district judge would direct the case's scheduling. (Text Only Entry)(Kennison, L) |
Filing 3 ANSWER by Mercedes-Benz USA, LLC.(Tahsildoost, Soheyl) |
Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 23CV004577 by Mercedes-Benz USA, LLC. (Filing fee $ 402, receipt number ACAEDC-11023639) (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Sales Contract, #3 Civil Cover Sheet, #4 Corporate Disclosure Statement)(Tahsildoost, Soheyl) |
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Plaintiff: Patrick McNamara | |
Represented By: | Kevin Y. Jacobson |
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Defendant: Mercedes-Benz USA, LLC | |
Represented By: | Soheyl Tahsildoost |
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