Herman et al v. General Motors LLC
| Paul Gary Herman and Bernice Deldotto Herman |
| General Motors LLC |
| 2:2023cv02973 |
| December 20, 2023 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Daniel J Calabretta |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1441 Petition for Removal- Account Receivable |
| None |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 2/9/2024: On December 27, 2023, Defendant filed a Motion to Dismiss. ECF No. #9 . After Plaintiff failed to timely file opposition to the Motion, the Court ordered Plaintiff to show cause why the Court should not construe Plaintiff's failure to file a timely opposition as a non-opposition to Defendant's motion and why it should not grant Defendant's Motion to Dismiss. See ECF No. 12. Plaintiff failed to timely respond to this Court's Order or file an opposition. The Court accordingly construes Plaintiff's silence as non-opposition to the Motion. Having found that Defendant's Motion is meritorious, the Court hereby GRANTS Defendant's Motion to Dismiss Plaintiff's Fourth and Fifth Causes of Action, ECF No. #9 , without prejudice to filing an amended complaint within thirty (30) days of the date of this order. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 13 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 2/8/2024: On January 26, 2024, the Court ordered Plaintiff to show cause why the Court should not construe Plaintiff's failure to file a timely opposition as a non-opposition to Defendant's motion and why it should not grant Defendant's #9 Motion to Dismiss. See ECF No. 12. Plaintiff failed to timely respond to this Court's Order and has yet to file an opposition or statement of non-opposition to Defendant's motion. Accordingly, Defendant's motion, now calendared for hearing on 2/15/2024, is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g); the hearing on said motion is VACATED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 1/26/2024: On December 27, 2023, Defendant filed a Motion to Dismiss. ECF No. #9 . Plaintiff's opposition or statement of non-opposition was due fourteen (14) days thereafter. See E.D. Cal. L.R. 230(c). Plaintiff failed to timely respond to Defendant's motion. A failure to file a timely opposition may be construed by the Court as a non-opposition to the motion. Id. Accordingly, Plaintiff shall SHOW CAUSE, in writing, within five (5) days, why the Court should not construe Plaintiff's failure to file a timely opposition as a non-opposition to Defendant's motion and why the Court should not grant Defendant's #9 Motion to Dismiss. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 11 STATEMENT of NON-OPPOSITION by General Motors LLC to #9 Motion to Dismiss,. (Park, Steven) |
| Filing 10 CERTIFICATE / PROOF of SERVICE by General Motors LLC. (Park, Steven) |
| Filing 9 MOTION to DISMISS by General Motors LLC. Motion Hearing SET for 2/15/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Attachments: #1 Exhibit 1, #2 Proposed Order, #3 Request for Judicial Notice, #4 Proposed Order)(Park, Steven) |
| Filing 8 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kastilahn, A) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Daniel J. Calabretta and Magistrate Judge Deborah Barnes. The new case number is: 2:23-cv-02973-DJC-DB. (Kastilahn, A) |
| Filing 6 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. (Marden, Ryan) |
| 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. (Park, Steven) |
| Filing 4 CERTIFICATE / PROOF of SERVICE by General Motors LLC. (Park, Steven) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Reader, L) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendant General Motors LLC. (Park, Steven) |
| Filing 1 NOTICE of REMOVAL from Solano County Superior Court, case number CU23-05416 by General Motors LLC. (Filing fee $ 405, receipt number ACAEDC-11252852) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Eric Mitchell, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Civil Cover Sheet)(Park, Steven) |
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