Palacios et al v. Ford Motor Company et al
| Herbert Palacios, Richard DeMatteo and Meghan Palacios |
| Ford Motor Company, Avis Rent A Car, Ford Motor Corporation and Avis Rent a Car, LLC |
| 3:2019cv05237 |
| August 22, 2019 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Defendant |
Docket Report
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| Filing 37 AMENDED CIVIL MINUTE Amendment to #35 Show Cause Hearing. Amended to remove sentence about case being reassigned to a district judge (klhS, COURT STAFF) (Filed on 2/18/2020) Modified on 2/20/2020 (gbaS, COURT STAFF). |
Filing 36
ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Joseph C. Spero on February 18, 2020. (jcslc1S, COURT STAFF) (Filed on 2/18/2020)
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| Filing 35 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Show Cause Hearing held on 2/18/2020.Court will prepare a Report and Recommendation that this case be dismissed for failure to prosecute. Case will be reassigned to a district judge. FTR Time: 2:31-2:33. Plaintiff Attorney: No Appearance. Defendant Attorney: Joseph Fitzgerald (CourtCall) for Avis Rent a Car; Matt Williams and for Ford Motor. (klhS, COURT STAFF) (Date Filed: 2/18/2020) |
| Filing 34 DECLARATION of Robert B. Gibson Re Order to Show Cause by Herbert Palacios. (Attachments: #1 Exhibit)(Gibson, Robert) (Filed on 2/10/2020) Modified on 2/11/2020 (gbaS, COURT STAFF). |
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Filing 33
ORDER GRANTING re #32 Letter filed by Avis Rent a Car, LLC. Signed by Chief Magistrate Judge Joseph C. Spero on 2/7/2020. (klhS, COURT STAFF) (Filed on 2/7/2020)
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| Filing 32 Letter from Joseph Fitzgerald Requesting Approval to Appear Telephonically for Order to Show Cause re Dismissal. (Fitzgerald, Joseph) (Filed on 2/7/2020) |
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Filing 31
ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/14/2020 02:00 PM.. Signed by Chief Magistrate Judge Joseph C. Spero on 1/22/2020. (klhS, COURT STAFF) (Filed on 1/22/2020)
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| Filing 30 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 1/17/2020. Order to Show Cause to issue. Court requests that former counsel call and advise Herbert Palacios and Meghan Palacios of the Order to Show Cause. Order to Show Cause Hearing set for 2/14/2020 02:00 PM.FTR Time: Not Reported. Attorney for Plaintiff: No Appearance Attorney for Defendant: Scott McDonald (CourtCall) for Avis Rent a Car; Matt Williams and John Meehan for Ford Motor(klhS, COURT STAFF) (Date Filed: 1/21/2020) |
| Filing 29 Declaration of Eustace de Saint Phalle in Support of Attempted Service of Order on Plaintiffs Herbert and Meghan Palacios filed by Herbert Palacios. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(De Saint Phalle, Eustace) (Filed on 1/16/2020) Modified on 1/16/2020 (gbaS, COURT STAFF). |
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Filing 28
Order, signed 1/6/20, by Chief Magistrate Judge Joseph C. Spero granting #27 Motion to Appear by Telephone for Joseph Fitzgerald on 1/17/20 at 2:00 PM.(klhS, COURT STAFF) (Filed on 1/6/2020)
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| Filing 27 Letter from Counsel for Avis Rent A Car, LLC Requesting Approval to Appear Telephonically for Case Management Conference. (Fitzgerald, Joseph) (Filed on 1/3/2020) Modified on 1/6/2020 (wsnS, COURT STAFF). |
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Filing 26
Order, signed 12/13/19, by Magistrate Judge Joseph C. Spero conditionally granting #14 Motion to Withdraw as Attorney. (klhS, COURT STAFF) (Filed on 12/13/2019)
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| Filing 25 Proposed Order Conditionally Granting Motion to Withdraw by Richard DeMatteo. (De Saint Phalle, Eustace) (Filed on 12/11/2019) |
| Filing 24 AMENDED DOCUMENT Amendment to #23 Motion Hearing,, Case Management Conference - Initial. Amended to add counsel Matt Williams.(klhS, COURT STAFF) (Filed on 11/22/2019) |
| Filing 23 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 11/22/2019 re #14 MOTION to Withdraw as Attorney filed by Herbert Palacios - Conditionally GRANTED. Plaintiff to prepare Order. By stipulation of the parties, this case is dismissed, without prejudice, on behalf of Plaintiff Richard DeMatteo. Richard DeMatteo terminated. Initial Case Management Conference not held on 11/22/2019. Initial Case Management Conference set for 1/17/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.Total Time in Court: 6 M. Court Reporter: Kathy Sullivan. Plaintiff Attorney: Andy Miller. Defendant Attorney: Joseph Fitzgerald (CourtCall) for Avis Rent a Car; Samantha Burnett for Ford Motor. (klhS, COURT STAFF) (Date Filed: 11/22/2019) |
| Filing 22 JOINT CASE MANAGEMENT STATEMENT filed by Ford Motor Corporation. (Williams, Matthew) (Filed on 11/15/2019) |
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Filing 21
ORDER GRANTING re #20 Letter filed by Avis Rent a Car, LLC to Appear by Phone at the Initial Case Management Conference set for 11/22/19 at 9:30 AM. Signed by Chief Magistrate Judge Joseph C. Spero on 11/12/19. (klhS, COURT STAFF) (Filed on 11/12/2019)
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| Filing 20 Letter from Counsel for Avis Rent A Car, LLC Requesting Approval to Appear Telephonically for Initial Case Management Conference. (Fitzgerald, Joseph) (Filed on 11/8/2019) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Williams, Matthew) (Filed on 11/1/2019) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Herbert Palacios.. (Gibson, Robert) (Filed on 10/23/2019) |
| Filing 17 MOTION to Withdraw as Attorney filed by Herbert Palacios. Motion Hearing set for 12/13/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 11/29/2019. Replies due by 12/6/2019. (Attachments: #1 Proposed Order)(Gibson, Robert) (Filed on 10/23/2019) |
| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #17 MOTION to Withdraw as Attorney filed by Herbert Palacios 1. Counsel filed this Amended Motion and set the matter for hearing on 12/13/19, a date which Judge Spero is UNAVAILABLE. 2. The parties are directed to see the Clerks' Notice, #16 that advanced the hearing to 11/22/19 and set a briefing schedule. The hearing on the original Motion to Withdraw #14 will be held on 11/22/19, NOT 12/13/19. This motion will be terminated. (klhS, COURT STAFF) (Filed on 10/23/2019) Modified on 10/23/2019 (klhS, COURT STAFF). |
| Filing 16 CLERK'S NOTICE Advancing Motion Hearing as to #14 MOTION to Withdraw as Attorney . Responses/Non-opposition due by 11/15/2019. No reply brief. Motion Hearing and Initial Case Management Conference re-set for 11/22/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. (Related documents(s) #14 )(klhS, COURT STAFF) (Filed on 10/22/2019) |
| Filing 15 CLERK'S THIRD NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/5/2019. (klhS, COURT STAFF) (Filed on 10/22/2019) |
| Set Deadlines/Hearings: Initial Case Management Conference re-set for 11/22/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 10/22/2019) |
| Filing 14 MOTION to Withdraw as Attorney filed by Herbert Palacios. Motion Hearing set for 12/6/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 11/22/2019. Replies due by 11/29/2019. (Attachments: #1 Proposed Order)(Gibson, Robert) (Filed on 10/21/2019) |
| Filing 13 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs/Defendant Avis Rent A Car shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/16/2019. (klhS, COURT STAFF) (Filed on 10/2/2019) |
| Filing 12 NOTICE of Change of Address by Joseph Owen Fitzgerald (Fitzgerald, Joseph) (Filed on 9/30/2019) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Avis Rent a Car, LLC.. (Fitzgerald, Joseph) (Filed on 9/9/2019) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendant Avis Rent A Car shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/23/2019. (klhS, COURT STAFF) (Filed on 9/9/2019) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Corporation.. (Attachments: #1 Certificate/Proof of Service)(Burnett, Samantha) (Filed on 9/6/2019) |
| Filing 8 Defendant Avis Rent A Car's ANSWER to Complaint with Jury Demand byAvis Rent a Car, LLC. (Fitzgerald, Joseph) (Filed on 9/5/2019) |
| Filing 7 CERTIFICATE OF SERVICE by Ford Motor Corporation re #6 Initial Case Management Scheduling Order with ADR Deadlines, (Burnett, Samantha) (Filed on 8/28/2019) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2019. Initial Case Management Conference set for 11/22/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/27/2019) |
| Filing 5 CERTIFICATE OF SERVICE by Ford Motor Company re Standing Orders (Burnett, Samantha) (Filed on 8/23/2019) |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/6/2019. (as, COURT STAFF) (Filed on 8/23/2019) |
| Filing 3 CERTIFICATE OF SERVICE by Ford Motor Company re #1 Notice of Removal, #2 Certificate of Interested Entities, (Burnett, Samantha) (Filed on 8/22/2019) |
| Filing 2 Certificate of Interested Entities by Ford Motor Company identifying Other Affiliate State Street Corporation, Other Affiliate Evercore Trust Company, N.A., Other Affiliate The Vanguard Group, Other Affiliate Black Rock, Inc. for Ford Motor Company. (Burnett, Samantha) (Filed on 8/22/2019) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Alameda. Their case number is RG19011465. (Filing fee $400 receipt number 0971-13636732). Filed byFord Motor Company. (Attachments: #1 Declaration, #2 Exhibit A - Complaint and Pleadings, #3 Exhibit B - Ford Answer in State Court, #4 Exhibit C - Avis Consent to Removal, #5 Exhibit D - DeMatteo's Statement of Damages, #6 Civil Cover Sheet)(Burnett, Samantha) (Filed on 8/22/2019) |
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