Pelayo Martinez et al v. Ford Motor Company
Plaintiff: Luis Albert Pelayo Martinez and Sara Abigail Pelayo
Defendant: Ford Motor Company
Case Number: 3:2021cv01264
Filed: February 22, 2021
Court: US District Court for the Northern District of California
Presiding Judge: James Donato
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Filing 26 STIPULATION WITH PROPOSED ORDER to Dismiss filed by Sara Abigail Pelayo, Luis Albert Pelayo Martinez. (Jacobson, Kevin) (Filed on 9/23/2021)
August 25, 2021 Opinion or Order Filing 25 ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 8/25/2021. (lrcS, COURT STAFF) (Filed on 8/25/2021)
August 19, 2021 Filing 24 NOTICE by Sara Abigail Pelayo, Luis Albert Pelayo Martinez of Settlement (Jacobson, Kevin) (Filed on 8/19/2021)
August 19, 2021 Opinion or Order Filing 23 ORDER. The initial case management conference was not held because the parties did not appear. The case is stayed, and defendant Ford is ordered to file a notice of tag-along action with the JPML by September 2, 2021. Signed by Judge James Donato on 8/19/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 8/19/2021)
August 17, 2021 Opinion or Order Filing 22 ORDER. The case management conference on August 19, 2021, will be held at 11:00 a.m. by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by August 18, 2021, at 3:00 p.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09 Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including "screen-shots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see #https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 8/17/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 8/17/2021)
August 17, 2021 Filing 21 NOTICE of Appearance by John Pierre DeMircift (DeMircift, John) (Filed on 8/17/2021)
August 16, 2021 Filing 20 MOTION to Appear by Telephone at the Initial Case Management Conference filed by Sara Abigail Pelayo, Luis Albert Pelayo Martinez. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Nguyen, Athena) (Filed on 8/16/2021)
August 16, 2021 Filing 19 MOTION to Appear by Telephone at the Initial Case Management Conference on August 19, 2021 filed by Ford Motor Company. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Hugret, Spencer) (Filed on 8/16/2021)
August 12, 2021 Filing 18 JOINT CASE MANAGEMENT STATEMENT filed by Ford Motor Company. (Attachments: #1 Certificate of Service)(Rogerson, Hailey) (Filed on 8/12/2021)
May 24, 2021 Opinion or Order Filing 17 ORDER re #16 STIPULATION. At the joint request of the parties and in light of their representations about settlement, the case management conference is re-set for August 19, 2021, at 10:00 a.m. A joint case management statement is due by August 12, 2021. Signed by Judge James Donato on 5/24/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 5/24/2021)
May 21, 2021 Filing 16 STIPULATION WITH PROPOSED ORDER TO CONTINUE MAY 27, 2021 INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES filed by Ford Motor Company. (Attachments: #1 Proposed Order)(Rogerson, Hailey) (Filed on 5/21/2021)
May 7, 2021 Filing 15 STIPULATION and Proposed Order selecting Private ADR by Sara Abigail Pelayo, Luis Albert Pelayo Martinez filed by Sara Abigail Pelayo, Luis Albert Pelayo Martinez. (Nguyen, Athena) (Filed on 5/7/2021)
May 7, 2021 Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nguyen, Athena) (Filed on 5/7/2021)
March 19, 2021 Opinion or Order Filing 13 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 5/27/2021 10:00 AM in San Francisco. Case Management Statement due by 5/20/2021. Signed by Judge James Donato on 3/19/2021. (lrcS, COURT STAFF) (Filed on 3/19/2021)
March 18, 2021 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to 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 3/18/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 3/18/2021)
March 17, 2021 Filing 11 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. (klhS, COURT STAFF) (Filed on 3/17/2021)
March 16, 2021 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company.. (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 3/16/2021)
March 16, 2021 Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 3/30/2021. (klhS, COURT STAFF) (Filed on 3/16/2021)
February 23, 2021 Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/21/2021. Initial Case Management Conference set for 5/28/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (elyS, COURT STAFF) (Filed on 2/23/2021)
February 23, 2021 Filing 7 Civil Cover Sheet by Ford Motor Company AMENDED. (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 2/23/2021)
February 23, 2021 #Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 06/17) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: Re: #3 Civil Cover Sheet filed by Ford Motor Company (bwS, COURT STAFF) (Filed on 2/23/2021)
February 22, 2021 Filing 6 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 3/8/2021. (bwS, COURT STAFF) (Filed on 2/22/2021)
February 22, 2021 Filing 5 NOTICE of Appearance by Hailey Marie Rogerson (Attachments: #1 Certificate/Proof of Service)(Rogerson, Hailey) (Filed on 2/22/2021)
February 22, 2021 Filing 4 NOTICE by Ford Motor Company of Related Cases (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 2/22/2021)
February 22, 2021 Filing 3 *** INCORRECT FORM; PLEASE SEE #7 FOR CORRECTED COVER SHEET *** Civil Cover Sheet by Ford Motor Company . (Attachments: #1 Civil Cover Sheet)(Hugret, Spencer) (Filed on 2/22/2021) Modified on 2/23/2021 (elyS, COURT STAFF).
February 22, 2021 Filing 2 Certificate of Interested Entities by Ford Motor Company re #1 Notice of Removal,, (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 2/22/2021)
February 22, 2021 Filing 1 NOTICE OF REMOVAL from Sonoma Superior Court. Their case number is SCV-267516. (Filing fee $402 receipt number 0971-15605101). Filed byFord Motor Company. (Attachments: #1 Declaration of Spencer Hugret, #2 Declaration of Hailey M. Rogerson, #3 Exhibit Complaint, #4 Exhibit e-mail correspondence, #5 Exhibit RISC (partical), #6 Exhibit Summons, #7 Exhibit Civil Case Cover Sheet, #8 Exhibit Notice of Case Assignment/CMC, #9 Exhibit POS Summons/Complaint, #10 Exhibit Proof of Service of Process, #11 Exhibit Ford's Answer, #12 Exhibit Ford's Answer, #13 Certificate/Proof of Service Certificate of Service)(Hugret, Spencer) (Filed on 2/22/2021)

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Plaintiff: Luis Albert Pelayo Martinez
Represented By: Kevin Y. Jacobson
Represented By: Athena Bao Nhi Nguyen
Represented By: John P. DeMircift
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Plaintiff: Sara Abigail Pelayo
Represented By: Kevin Y. Jacobson
Represented By: Athena Bao Nhi Nguyen
Represented By: John P. DeMircift
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Defendant: Ford Motor Company
Represented By: Hailey Marie Rogerson
Represented By: Spencer Peter Hugret
Represented By: Greg Gruzman
Represented By: Maria Nozzolino
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