Molina v. Ford Motor Company
| Peter Molina |
| Ford Motor Company |
| 3:2023cv01487 |
| March 29, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Susan van Keulen |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 39
Order granting #22 motion to transfer case to the Central District of California. The #23 motion to dismiss is denied as moot. (vclc1, COURT STAFF) (Filed on 8/2/2023)
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| Remark: Notified IT to transfer case to Central District of California per #39 Order. (ecg, COURT STAFF) (Filed on 8/2/2023) |
| Filing 38 CLERK'S NOTICE VACATING 8/4/2023 INITIAL CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 7/31/2023) |
| Filing 37 JOINT CASE MANAGEMENT STATEMENT filed by Peter Molina. (LaRocque, Elizabeth) (Filed on 7/27/2023) |
| Filing 36 NOTICE of Appearance by Elizabeth Ann LaRocque (LaRocque, Elizabeth) (Filed on 7/20/2023) |
| Filing 35 CLERK'S NOTICE VACATING 7/20/2023 MOTION HEARING RE #22 MOTION to Dismiss or Transfer Venue MOTION to Transfer Case, #23 Motion to Dismiss First Amended Complaint Pursuant to Rule 12(B)(6). The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 7/17/2023) |
| Filing 34 CLERK'S NOTICE CONVERTING 7/20/2023 IN-PERSON MOTION HEARINGS TO ZOOM HEARING, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. #22 MOTION to Dismiss or Transfer Venue MOTION to Transfer Case, #23 Motion to Dismiss First Amended Complaint Pursuant to Rule 12(B)(6) Hearing set for 7/20/2023 at 01:00 PM by Videoconference Only before Judge Vince Chhabria. 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, July 14, 2023, by no later than 12:00PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 7/12/2023) |
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Filing 33
Order by Judge Vince Chhabria granting #32 Motion to Appear by Telephone AT JULY 20, 2023 HEARINGS ON FORDS MOTIONS TO TRANSFER VENUE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT. (bxs, COURT STAFF) (Filed on 7/12/2023)
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| Filing 32 Joint MOTION to Appear by Telephone AT JULY 20, 2023 HEARINGS ON FORDS MOTIONS TO TRANSFER VENUE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Ford Motor Company. (Attachments: #1 Declaration of P. Jun, #2 Proposed Order Proposed Order)(Jun, Patricia) (Filed on 7/11/2023) |
| Filing 31 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/28/2023. Initial Case Management Conference reset to 8/4/2023 at 10:00 AM by 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, July 28, 2023, by 12:00PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 7/5/2023) |
| Filing 30 NOTICE of Appearance by Craig Allen Taggart (Taggart, Craig) (Filed on 6/21/2023) |
| Filing 29 NOTICE of Appearance by Michael Donn Mortenson (Mortenson, Michael) (Filed on 6/21/2023) |
| Filing 28 REPLY (re #22 MOTION to Dismiss or Transfer Venue MOTION to Transfer Case ) ; Motion to Transfer Venue Pursuant to 28 U.S.C. 1404 Re First Amended Complaint filed byFord Motor Company. (Jun, Patricia) (Filed on 6/13/2023) |
| Filing 27 REPLY (re #23 Motion to Dismiss First Amended Complaint Pursuant to Rule 12(B)(6) ) filed byFord Motor Company. (Jun, Patricia) (Filed on 6/13/2023) |
| Filing 26 OPPOSITION/RESPONSE (re #23 Motion to Dismiss First Amended Complaint Pursuant to Rule 12(B)(6) ) filed byPeter Molina. (Law, Daniel) (Filed on 6/6/2023) |
| Filing 25 Request for Judicial Notice re #24 Opposition/Response to Motion filed byPeter Molina. (Attachments: #1 Exhibit 1 (Ford SOS Filing))(Related document(s) #24 ) (Law, Daniel) (Filed on 6/6/2023) |
| Filing 24 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss or Transfer Venue MOTION to Transfer Case ) filed byPeter Molina. (Law, Daniel) (Filed on 6/6/2023) |
| Filing 23 MOTION to Dismiss First Amended Complaint Pursuant to Rule 12(B)(6); Memorandum of Points and Authorities filed by Ford Motor Company. Motion Hearing set for 7/20/2023 10:00 AM before Judge Vince Chhabria. Responses due by 6/6/2023. Replies due by 6/13/2023. (Attachments: #1 Declaration of Patricia H. Jun, #2 Exhibit A Sales Contract for Vehicle, #3 Exhibit B CarFax, #4 Exhibit C BBB Auto Line Certificate) (Jun, Patricia) (Filed on 5/23/2023) |
| Filing 22 MOTION to Dismiss or Transfer Venue 12(B)(3), MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 Re First Amended Complaint; Memorandum of Points and Authorities filed by Ford Motor Company. Motion Hearing set for 7/20/2023 10:00 AM before Judge Vince Chhabria. Responses due by 6/6/2023. Replies due by 6/13/2023. (Attachments: #1 Declaration of Patricia H. Jun, #2 Exhibit A State Court Complaint, #3 Exhibit B Sales Contract for Vehicle, #4 Exhibit C Standard Claims List for Warranty Repairs, #5 Exhibit C-1 Star Ford Lincoln Repair Order) (Jun, Patricia) (Filed on 5/23/2023) |
| Filing 21 FIRST AMENDED COMPLAINT FOR VIOLATION OF STATUTORY OBLIGATIONS against Ford Motor Company. Filed by Peter Molina. (Attachments: #1 Exhibit A)(Law, Daniel) (Filed on 5/9/2023) |
| Filing 20 NOTICE of Appearance by Daniel A. Law (Law, Daniel) (Filed on 5/9/2023) |
| Filing 19 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3.Joint Case Management Statement due by 7/7/2023. Initial Case Management Conference set for 7/14/2023 at 10:00 AM 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/vc 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 vccrd@cand.uscourts.gov no later than Friday, July 7, 2023 by 12:00 PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.).(jlg, COURT STAFF) (Filed on 5/3/2023) |
| Filing 18 Case REASSIGNED to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 5/2/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 5/2/2023) |
| Filing 17 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 5/2/2023) |
| Filing 16 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. (jhf, COURT STAFF) (Filed on 5/2/2023) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company. (Jun, Patricia) (Filed on 5/2/2023) Modified on 5/2/2023 (kmg, COURT STAFF). |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Peter Molina.. (Tracy, Michael) (Filed on 4/28/2023) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendant(s) 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. Consent/Declination due by 5/3/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 4/26/2023) |
| Filing 12 Certificate of Interested Entities by Ford Motor Company (Jun, Patricia) (Filed on 4/25/2023) |
| Filing 11 MOTION to Dismiss For Improper Venue; Motion To Transfer Venue; Rule 12(B)(6) Motion To Dismiss; filed by Ford Motor Company. Motion Hearing set for 5/30/2023 10:00 AM before Magistrate Judge Susan van Keulen. Responses due by 5/9/2023. Replies due by 5/16/2023. (Attachments: #1 Declaration of Patricia H. Jun, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Sales Contract for Vehicle, #4 Exhibit C - Standard Claims List for Warranty Repairs, #5 Exhibit C-1 Star Ford Lincoln Repair Order, #6 Exhibit D - Fords BBB Auto Line Certificate, #7 Proposed Order)(Jun, Patricia) (Filed on 4/25/2023) |
| Filing 10 2ND AND FINAL CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) 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. Consent/Declination due by 4/28/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 4/14/2023) |
| Filing 9 Refund Status re #6 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 4/5/2023) |
| Filing 8 SUMMONS Returned Executed by Peter Molina. Ford Motor Company served on 4/4/2023, answer due 4/25/2023. (Dolin, Tionna) (Filed on 4/5/2023) |
| Filing 7 Summons Issued as to Ford Motor Company. (kmg, COURT STAFF) (Filed on 4/4/2023) |
| Filing 6 Application for Refund, Receipt Number ACANDC-18120830 by Peter Molina. (Dolin, Tionna) (Filed on 4/3/2023) |
| Filing 4 Case assigned to Magistrate Judge Susan van Keulen. 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 4/13/2023. (mbc, COURT STAFF) (Filed on 3/30/2023) |
| #Electronic filing error. Counsel submit an application to refund for duplicate payment. See: How and when can I obtain a refund?https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/e-filing-my-documents/e-filing-events-with-online-fee-payments-pay-gov/ Re: #1 Complaint, filed by Peter Molina (kmg, COURT STAFF) (Filed on 3/30/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/4/2023. Initial Case Management Conference set for 7/11/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (kmg, COURT STAFF) (Filed on 3/29/2023) |
| Filing 3 COMPLAINT (corrected) for Violation Of Statutory Obligations against Ford Motor Company ( Filing fee $ 402, receipt number ACANDC-18121483.). Filed byPeter Molina. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Dolin, Tionna) (Filed on 3/29/2023) |
| Filing 2 Proposed Summons. (Dolin, Tionna) (Filed on 3/29/2023) |
| Filing 1 COMPLAINT SEE #3 FOR CORRECTED FILING for Violation of Statutory Obligations against Ford Motor Company ( Filing fee $ 402, receipt number ACANDC-18120830.). Filed by Peter Molina. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Dolin, Tionna) (Filed on 3/29/2023) Modified on 4/5/2023 (ewn, COURT STAFF). |
| #Electronic filing error. Case opened in wrong District, complaint names Central District of California as jurisdiction. This filing will not be processed by the clerks office. Re: #1 Complaint, filed by Peter Molina (ark, COURT STAFF) (Filed on 3/29/2023) |
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