Lien v. Mercedes-Benz USA, LLC
| Phat T Lien |
| Mercedes-Benz USA, LLC |
| 3:2023cv01268 |
| March 20, 2023 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Thomas S Hixson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 CLERK'S NOTICE VACATING THE MOTION TO DISMISS HEARING set for July 14, 2023 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 6/13/2023) |
Filing 22
ORDER STAYING CASE. Signed by Judge Charles R. Breyer on 06/13/2023. (crblc2, COURT STAFF) (Filed on 6/13/2023)
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| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tahsildoost, Soheyl) (Filed on 6/1/2023) |
| Filing 20 CLERK'S NOTICE VACATING Motion to Dismiss Hearing set for June 9, 2023 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 7/14/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. 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/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than July 11, 2023 at 3:00 PM PST.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/. Motion Hearing set for 7/14/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 5/25/2023) |
| Filing 19 REPLY (re #8 MOTION to Dismiss ) filed by Mercedes-Benz USA, LLC. (Tahsildoost, Soheyl) (Filed on 4/17/2023) Modified on 4/18/2023 (kmg, COURT STAFF). |
| Filing 18 Request for Judicial Notice re #17 Opposition/Response to Motion, Plaintiff's Objections to Defendant's Request for Judicial Notice filed byPhat T Lien. (Related document(s) #17 ) (Jacobson, Kevin) (Filed on 4/10/2023) |
| Filing 17 OPPOSITION/RESPONSE (re #8 MOTION to Dismiss ) filed by Phat T Lien. (Attachments: #1 Declaration In support of Plaintiff's opposition to Motion to Dismiss and/or strike Portions of Plaintiff's complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Jacobson, Kevin) (Filed on 4/10/2023) Modified on 4/11/2023 (kmg, COURT STAFF). |
| Filing 16 NOTICE by Mercedes-Benz USA, LLC re #8 MOTION to Dismiss Amended Notice of Motion to Dismiss (Tahsildoost, Soheyl) (Filed on 4/5/2023) |
| Filing 15 CLERK'S NOTICE: Motion to Dismiss Hearing set for 6/9/2023 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 4/4/2023) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Thomas S. Hixson 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 Clerk on 4/4/23. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 4/4/2023)
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| Filing 13 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. (tshlc1, COURT STAFF) (Filed on 4/4/2023) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mercedes-Benz USA, LLC.. (Tahsildoost, Soheyl) (Filed on 4/3/2023) |
| Filing 11 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 4/3/2023. 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.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 3/27/2023) |
| Filing 10 EXHIBITS re #8 MOTION to Dismiss filed byMercedes-Benz USA, LLC. (Attachments: #1 Exhibit A-Sales Contract)(Related document(s) #8 ) (Tahsildoost, Soheyl) (Filed on 3/27/2023) |
| Filing 9 Request for Judicial Notice re #8 MOTION to Dismiss filed byMercedes-Benz USA, LLC. (Attachments: #1 Exhibit 1-Fish v Tesla, #2 Exhibit 2-Neyra v MBUSA, #3 Exhibit 3-Edwards v MBUSA, #4 Exhibit 4-Barboza v MBUSA, #5 Exhibit 5-Arana v Tesla)(Related document(s) #8 ) (Tahsildoost, Soheyl) (Filed on 3/27/2023) |
| Filing 8 MOTION to Dismiss filed by Mercedes-Benz USA, LLC. Motion Hearing set for 5/4/2023 10:00 AM in San Francisco, - Videoconference Only before Magistrate Judge Thomas S. Hixson. Responses due by 4/10/2023. Replies due by 4/17/2023. (Attachments: #1 Declaration of Mehgan Gallagher, #2 Proposed Order)(Tahsildoost, Soheyl) (Filed on 3/27/2023) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/15/2023. Initial Case Management Conference set for 6/22/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdj, COURT STAFF) (Filed on 3/21/2023) |
| Filing 6 Case assigned to Magistrate Judge Thomas S. Hixson. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/3/2023. (as, COURT STAFF) (Filed on 3/20/2023) |
| Filing 5 NOTICE of Appearance by Mehgan Gallagher (Gallagher, Mehgan) (Filed on 3/20/2023) |
| Filing 4 Corporate Disclosure Statement by Mercedes-Benz USA, LLC (Tahsildoost, Soheyl) (Filed on 3/20/2023) |
| Filing 3 Civil Cover Sheet by Mercedes-Benz USA, LLC . (Tahsildoost, Soheyl) (Filed on 3/20/2023) |
| Filing 2 Certificate of Interested Entities by Mercedes-Benz USA, LLC (Tahsildoost, Soheyl) (Filed on 3/20/2023) |
| Filing 1 NOTICE OF REMOVAL from San Francisco. Their case number is CGC-23-604623]. (Filing fee $402 receipt number ACANDC-18088694). Filed byMercedes-Benz USA, LLC. (Attachments: #1 Exhibit Exhibit A- Complaint, #2 Exhibit Exhibit B-Sales Contract, #3 Exhibit Exhibit C- Statement Information)(Tahsildoost, Soheyl) (Filed on 3/20/2023) |
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| Plaintiff: Phat T Lien | |
| Represented By: | Joshua Kohanoff |
| Represented By: | Kevin Y. Jacobson |
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| Defendant: Mercedes-Benz USA, LLC | |
| Represented By: | Mehgan Gallagher |
| Represented By: | Soheyl Tahsildoost |
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