Martinez v. BMW of North America, LLC
Plaintiff: Rolando Martinez
Defendant: BMW of North America, LLC
Case Number: 3:2019cv05479
Filed: August 30, 2019
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2020 RECEIPT OF ACKNOWLEDGMENT from the United States District Court for the Central District of California as case 2:19-cv-10511. filed 12/12/19. Re #28 Order of Transfer (aaaS, COURT STAFF) (Filed on 1/11/2020)
December 11, 2019 The United States District Court for the Central District of California shall receive the contact information from this Court via e-mail/telephone transfer. Re #28 Order of Transfer (aaaS, COURT STAFF) (Filed on 12/11/2019)
December 11, 2019 Opinion or Order Filing 28 ORDER GRANTING MOTION TO TRANSFER. This case is transferred to the U.S. District Court for the Central District of California. Signed by Judge William H. Orrick on 12/11/2019. (jmdS, COURT STAFF) (Filed on 12/11/2019)
December 10, 2019 #Electronic filing error. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #27 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR opt ions filed by Rolando Martinez Should be e-filed into case 19-2892 JD not case 19-5479 WHO (aaaS, COURT STAFF) (Filed on 12/10/2019)
December 10, 2019 Filing 27 ERRONEOUSLY E-FILED: PLEASE SEE ERROR MESSAGE DATED 12/10/19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Basser, Ari) (Filed on 12/10/2019) Modified on 12/11/2019 (aaaS, COURT STAFF).
December 10, 2019 Filing 26 CASE MANAGEMENT STATEMENT filed by Rolando Martinez. (Basser, Ari) (Filed on 12/10/2019)
December 10, 2019 Filing 25 STIPULATION and Proposed Order selecting Private ADR by Rolando Martinez filed by Rolando Martinez. (Basser, Ari) (Filed on 12/10/2019)
December 9, 2019 Filing 24 STIPULATION re #19 Amended Complaint re Setting Briefing Schedule on Defendant BMW of North America, LLC's Anticipated Motion to Dimiss the First Amended Complaint Under Fed. R. Civ. P. 12(B)(6) filed by BMW of North America, LLC. (Kizirian, Eric) (Filed on 12/9/2019)
December 5, 2019 Filing 23 CLERK'S NOTICE - Case Management Conference and Motion Hearing as to #15 MOTION to Transfer Case reset for 12/17/2019 09:30 AM in San Francisco, Courtroom 02, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 12/5/2019)
November 20, 2019 Filing 22 NOTICE by BMW of North America, LLC /NOTICE OF WITHDRAWAL OF DYANNE CHO (Cho, Dyanne) (Filed on 11/20/2019)
November 20, 2019 Filing 21 REPLY (re #15 MOTION to Transfer Case Under 28 U.S.C. Section 1404(A); Memorandum of Points and Authorities in Support ) filed byBMW of North America, LLC. (Kizirian, Eric) (Filed on 11/20/2019)
November 12, 2019 Filing 20 OPPOSITION/RESPONSE (re #15 MOTION to Transfer Case Under 28 U.S.C. Section 1404(A); Memorandum of Points and Authorities in Support ) filed byRolando Martinez. (Basser, Ari) (Filed on 11/12/2019)
November 12, 2019 Filing 19 AMENDED COMPLAINT against BMW of North America, LLC. Filed byRolando Martinez. (Basser, Ari) (Filed on 11/12/2019)
October 17, 2019 Opinion or Order Filing 18 ORDER granting #17 STIPULATION re #15 MOTION to Transfer Case. Case Management Conference reset for 12/18/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor (to concur with hearing on #15 Motion to Transfer Case). Case Management Statement due by 12/11/2019. Signed by Judge William H. Orrick on 10/17/2019. (jmdS, COURT STAFF) (Filed on 10/17/2019)
October 17, 2019 Filing 17 STIPULATION AND [PROPOSED] ORDER to Consolidate The Initial Case Management Conference and the Hearing on re #15 MOTION to Transfer Case Under 28 U.S.C. Section 1404(A); Memorandum of Points and Authorities in Support, re #13 Case Management Scheduling Order to December 18, 2019 filed by BMW of North America, LLC. (Attachments: #(1) [Proposed] Order)(Kizirian, Eric) (Filed on 10/17/2019)
October 14, 2019 Filing 16 Request for Judicial Notice re #15 MOTION to Transfer Case Under 28 U.S.C. Section 1404(A); Memorandum of Points and Authorities in Support filed byBMW of North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #15 ) (Kizirian, Eric) (Filed on 10/14/2019)
October 14, 2019 Filing 15 MOTION to Transfer Case Under 28 U.S.C. Section 1404(A); Memorandum of Points and Authorities in Support filed by BMW of North America, LLC. Motion Hearing set for 12/18/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 11/12/2019. Replies due by 11/20/2019. (Attachments: #1 Proposed Order)(Kizirian, Eric) (Filed on 10/14/2019)
October 7, 2019 Filing 14 AFFIDAVIT of Service for Case Management Conference Order served on Counsel for Defendant BMW of North America, LLC on 10/7/2019, filed by Rolando Martinez. (Basser, Ari) (Filed on 10/7/2019)
October 4, 2019 Opinion or Order Filing 13 CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 12/10/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 12/3/2019. Signed by Judge William H. Orrick on 10/04/2019. (jmdS, COURT STAFF) (Filed on 10/4/2019)
October 2, 2019 Filing 12 STIPULATION RE (1) FILING OF FIRST AMENDED COMPLAINT, AND (2) SETTING BRIEFING SCHEDULE ON DEFENDANT BMW OF NORTH AMERICA, LLC'S ANTICIPATED MOTION TO TRANSFER VENUE UNDER 28 U.S.C. SECTION 1404(A) filed by BMW of North America, LLC. (Kizirian, Eric) (Filed on 10/2/2019)
September 10, 2019 Opinion or Order Filing 11 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/10/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/10/2019)
September 6, 2019 Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 9/6/2019)
September 6, 2019 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BMW of North America, LLC.. (Cho, Dyanne) (Filed on 9/6/2019)
September 5, 2019 Filing 8 Certificate of Interested Entities by Rolando Martinez (Basser, Ari) (Filed on 9/5/2019)
September 5, 2019 Filing 7 NOTICE of Appearance by Ari Yale Basser (Basser, Ari) (Filed on 9/5/2019)
September 5, 2019 Filing 6 NOTICE of Appearance by Jordan L. Lurie (Lurie, Jordan) (Filed on 9/5/2019)
September 4, 2019 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/28/2019. Initial Case Management Conference set for 12/5/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 9/4/2019)
September 3, 2019 Filing 4 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 9/17/2019. (as, COURT STAFF) (Filed on 9/3/2019)
August 30, 2019 Filing 3 STIPULATION TO EXTEND DEFENDANT BMW OF NORTH AMERICA, LLC'S TIME TO RESPOND TO CLASS ACTION COMPLAINT filed by BMW of North America, LLC. (Kizirian, Eric) (Filed on 8/30/2019)
August 30, 2019 Filing 2 Certificate of Interested Entities by BMW of North America, LLC identifying Other Affiliate BMW (US) Holding Corp., Other Affiliate BMW International Holding B.V., Other Affiliate BMW Beteiligungs GmbH & Co. KG, Other Affiliate Bayerische Motoren Werke AG for BMW of North America, LLC. re #1 Notice of Removal, (Kizirian, Eric) (Filed on 8/30/2019)
August 30, 2019 Filing 1 NOTICE OF REMOVAL from Alameda Superior Court. Their case number is RG19027350. (Filing fee $400 receipt number 0971-13664517). Filed byBMW of North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Kizirian, Eric) (Filed on 8/30/2019)

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Plaintiff: Rolando Martinez
Represented By: Ari Yale Basser
Represented By: Robert L. Starr
Represented By: Jordan L. Lurie
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Defendant: BMW of North America, LLC
Represented By: Eric Y Kizirian
Represented By: Dyanne Jinhyung Cho
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