Turner v. Magnussen's Fremont Ford et al
| Stephen Turner |
| Magnussen's Fremont Ford, Ford Motor Company, Michael Pollom, Abbas Asalati and Alex Truong |
| 3:2022cv04212 |
| July 20, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Trina L Thompson |
| Trina L Thompson |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Voluntary Dismissal With Prejudice by Stephen Turner (Turner, Stephen) (Filed on 4/18/2023) |
| Filing 35 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement discussions held on 2/16/2023 by phone. Results: The parties reached a settlement and will now work on finalizing a written settlement agreement. The parties anticipate that they will file a dismissal within 60-90 days, and agreed that in light of these developments Ford Motor Co. need not file an answer. Digital Recording Time: Not Recorded For Plaintiff: Stephen Turner, self-representedFor Defendant Ford Motor Co.: Eric Sentlinger (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 2/16/2023) |
Filing 34
ORDER GRANTING IN PART AND DENYING IN PART #22 MOTION TO DISMISS. Signed by Judge Trina L. Thompson on 1/25/2023. (rfm, COURT USER) (Filed on 1/26/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 33 Minute Entry for proceedings held before District Judge Trina L Thompson: Motion Hearing held on 1/24/2023.The motion having been argued, the Court grants the motion to dismiss as to claims 2, 3, 5 and 10, without leave to amend, as the plaintiff has withdrawn them on the record. Claim 1 [Strict Liability - Design Defect - Consumer Expectation] remains.Formal order to be issued. Digital Recording Time: 2:53 PM - 3:16 PM. Plaintiff: Stephen Turner. Defendant Attorney: Eric Sentlinger. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 1/24/2023) |
| Filing 32 CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 2/16/2023 09:30 AM in Oakland, - Telephonic Only. Plaintiff and Lead Counsel for all Defendants shall participate. Plaintiff and Defendants' Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 1/24/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER:. Signed by Judge Trina L. Thompson on 1/20/2023. (rfm, COURT USER) (Filed on 1/23/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (mkl, COURT STAFF) (Filed on 1/23/2023) |
| Filing 30 Minute Entry for proceedings held before District Judge Trina L Thompson: Initial Case Management Conference held on 1/19/2023. Parties are referred to a randomly assigned Magistrate Judge for a Settlement Conference on or before 11/3/2023. Jury Selection and Trial set for 4/29/2024 - 5/6/2024 at 8:30 AM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson.Final Pretrial Conference set for 3/28/2024 at 3:30 PM in San Francisco, Courtroom 09, 19th Floor. Joint Pretrial Statement with Objections due by 3/14/2024.Further Case Management Conference set for 11/9/2023 02:00 PM in San Francisco - Videoconference Only. Updated Case Management Statement due by 11/2/2023. Motion Hearing set for 2/27/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. Dispositive Motions due by 1/23/2024.Close of Fact Discovery is 10/30/2023.Opening Reports due by 11/13/2023.Rebuttal Reports due by 12/4/2023.Close of Expert Discovery is 12/27/2023.Amended Pleadings due by 2/17/2023.Total Time in Court: 12 minutes. Court Reporter: Not reported. Plaintiff: Stephen Turner. Defendant Attorney: Eric Sentlinger. Scheduling Order to be issued. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 1/19/2023) |
| Filing 29 CASE MANAGEMENT STATEMENT filed by Ford Motor Company. (Attachments: #1 Certificate of Service)(Sentlinger, Eric) (Filed on 1/18/2023) |
| Filing 28 CASE MANAGEMENT STATEMENT filed by Stephen Turner. (Turner, Stephen) (Filed on 1/18/2023) |
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Filing 27
ORDER. The parties have not filed case management statements as required by 1/12/2023. See ECF No. 11. The parties are ordered to file separate case management statements by noon on Wednesday, 1/18/2023. The case management conference is scheduled for 1/19/2023, via videoconference, at 2:00 p.m. Signed by Judge Trina L. Thompson on 1/17/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tltlc2, COURT STAFF) (Filed on 1/17/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 26 REPLY (re #22 MOTION to Dismiss Plaintiff's First Amended Verified Complaint ) filed byFord Motor Company. (Attachments: #1 Certificate/Proof of Service)(Sentlinger, Eric) (Filed on 12/19/2022) |
| Filing 25 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss Plaintiff's First Amended Verified Complaint ) filed byStephen Turner. (Turner, Stephen) (Filed on 12/8/2022) |
| Filing 24 NOTICE of Voluntary Dismissal of Magnussen's Fremont Ford, Pollum, Asalati, Truong Only by Stephen Turner (Turner, Stephen) (Filed on 12/7/2022) |
| Filing 23 CLERK'S NOTICE CONTINUING MOTION HEARING. Motion Hearing as to #22 MOTION to Dismiss Plaintiff's First Amended Verified Complaint. reset from 1/3/2023 to 1/24/2023 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 11/29/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 22 MOTION to Dismiss Plaintiff's First Amended Verified Complaint filed by Ford Motor Company. Motion Hearing set for 1/3/2023 02:00 PM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. Responses due by 12/12/2022. Replies due by 12/19/2022. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED VERIFIED COMPLAINT, #2 Certificate/Proof of Service)(Sentlinger, Eric) (Filed on 11/28/2022) |
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Filing 21
Order by District Judge Trina L Thompson DENYING #15 Motion to Dismiss as Moot.(vla, COURT STAFF) (Filed on 11/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 20 FIRST AMENDED COMPLAINT against All Defendants. Filed by Stephen Turner. (Turner, Stephen) (Filed on 11/9/2022) Modified on 11/10/2022 (jml, COURT STAFF). |
| Filing 19 REPLY (re #15 MOTION to Dismiss ) filed byFord Motor Company. (Attachments: #1 Certificate/Proof of Service)(Lambert, Sarah) (Filed on 11/7/2022) |
| Filing 18 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss ) filed byStephen Turner. (Turner, Stephen) (Filed on 10/25/2022) |
| Filing 17 CLERK'S NOTICE CONTINUING MOTION HEARING: The Motion to Dismiss #15 Hearing is CONTINUED TO 1/24/2023 at 02:00 PM for In-Person Hearing in San Francisco, Courtroom 09, 19th Floor before Judge Trina L. Thompson. Any party who wishes to appear remotely by videoconference must file a joint Stipulation showing Good Cause for their request. Counsel is hereby notified that the briefing schedule remains unchanged. Oppositions due by 10/31/2022. Replies due by 11/7/2022 (ec, COURT STAFF) (Filed on 10/18/2022). (This is a text-only entry generated by the court. There is no document associated with this entry.) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 16 Certificate of Interested Entities by Ford Motor Company identifying Corporate Parent Black Rock, Inc. and certain affiliates., Other Affiliate Ford Motor Company, Other Affiliate State Street Corporation (parent of State Street Bank and Trust Company, which is the trustee of the FOrd defined contribution plans), Other Affiliate Evercore Trust Company, N.A. (fiduciary of the Ford defined contribution plan), Other Affiliate The Vanguard Group and certain affiliates for Ford Motor Company. (Attachments: #1 Certificate/Proof of Service)(Lambert, Sarah) (Filed on 10/17/2022) |
| Filing 15 MOTION to Dismiss filed by Ford Motor Company. Motion Hearing set for 11/29/2022 02:00 PM in San Francisco, - Videoconference Only before Judge Trina L. Thompson. Responses due by 10/31/2022. Replies due by 11/7/2022. (Attachments: #1 Memorandum of Oints and Authorities, #2 Proposed Order, #3 Certificate/Proof of Service)(Lambert, Sarah) (Filed on 10/17/2022) |
| Filing 14 NOTICE of Appearance by Sarah Marie Carlson Lambert (Attachments: #1 Certificate/Proof of Service)(Lambert, Sarah) (Filed on 10/17/2022) |
| Filing 13 NOTICE of Appearance by Eric Dean Sentlinger (Attachments: #1 Certificate/Proof of Service)(Sentlinger, Eric) (Filed on 10/17/2022) |
| Filing 12 NOTICE of Appearance by Spencer Peter Hugret (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 10/17/2022) |
| Filing 11 CLERK'S NOTICE Scheduling Case Management Conference: Case Management Statement due by 1/12/2023. Initial Case Management Conference set for 1/19/2023 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/ General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. C (tmi, COURT STAFF) (Filed on 10/13/2022)Any non -CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 10 Executed Summons by US Marshalls Abbas Asalati served on 10/3/2022, answer due 10/24/2022; Ford Motor Company served on 9/26/2022, answer due 10/17/2022; Magnussen's Fremont Ford served on 10/3/2022, answer due 10/24/2022; Michael Pollom served on 10/3/2022, answer due 10/24/2022; Alex Truong served on 10/3/2022, answer due 10/24/2022. (Attachments: #1 Executed summons by US Marshalls - Ford Motor, #2 Executed summons by US Marshalls - Magnussens, #3 Executed summons by US Marshalls - Pollum, #4 Executed summons by US Marshalls - Truong)(anj, COURT STAFF) (Filed on 10/4/2022) |
| Filing 9 ACKNOWLEDGEMENT OF RECEIPT FOR SERVICE as to #8 Summons Issued. (jml, COURT STAFF) (Filed on 9/19/2022) |
| Filing 8 Summons Issued as to Abbas Asalati, Ford Motor Company, Magnussen's Fremont Ford, Michael Pollom, Alex Truong. (Attachments: #1 USM-285, #2 USM-285, #3 USM-285, #4 USM-285, #5 USM-285)(jml, COURT STAFF) (Filed on 9/2/2022) |
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Filing 7
Order by Trina L. Thompson granting #2 Motion for Leave to Proceed in forma pauperis. (tltlc2, COURT STAFF) (Filed on 9/2/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 6 REVISED ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Trina L. Thompson in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials TLT immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before Judge Thompson by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for or after November 15, 2022, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before November 15, 2022, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. IT IS SO ORDERED. Dated: 8/31/2022 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 8/31/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| NEF mailed to Pro-Se Party. re. 5 ORDER REASSIGNING CASE. (anj, COURT STAFF) (Filed on 8/31/2022) |
| Case Reassigned to Judge Trina L Thompson. Judge Haywood S Gilliam, Jr no longer assigned to the case. (anj, COURT STAFF) (Filed on 8/30/2022) |
| Filing 5 ***FILED IN ERROR. PLEASE SEE 6 FOR CORRECTION ***ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Trina L. Thompson in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials TLT immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before Judge Thompson by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for or after November 15, 2022, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before November 15, 2022, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before October 14, 2022, the parties shall file a Joint Case Management Conference Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here.IT IS SO ORDERED. Dated: 8/29/2022 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 8/29/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 8/31/2022 (ecg, COURT STAFF). |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/11/2022. Initial Case Management Conference set for 10/18/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor. (jml, COURT STAFF) (Filed on 7/20/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stephen Turner. (jml, COURT STAFF) (Filed on 7/20/2022) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Stephen Turner. (jml, COURT STAFF) (Filed on 7/20/2022) |
| Filing 1 COMPLAINT against Abbas Asalati, Ford Motor Company, Magnussen's Fremont Ford, Michael Pollom, Alex Truong. Filed by Stephen Turner. (Attachments: #1 Civil Cover Sheet)(jml, COURT STAFF) (Filed on 7/20/2022) |
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