Swearingen et al v. General Motors LLC, a Delaware limited liability company
| Thomas William Swearingen and Margaret Mary Swearingen |
| General Motors LLC, a Delaware limited liability company and General Motors LLC |
| 3:2023cv04314 |
| August 23, 2023 |
| US District Court for the Northern District of California |
| Susan Illston |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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Filing 26
CLERK'S NOTICE ADVANCING HEARING: The Motion to Dismiss #13 Hearing is RESET for 11/3/2023 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.MANDATORY ZOOM REGISTRATION: 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 sicrd@cand.uscourts.gov no later than 10/25/2023 at 2 pm.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si 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 11/3/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/18/2023). (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 25
OPPOSITION/RESPONSE (re #20 MOTION to Remand TO STATE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RYAN K. MARDEN ) Defendant's Opposition to Plaintiffs' Motion to Remand to State Court filed byGeneral Motors LLC. (Attachments: #1 Ex. 1 - Declaration of Peter A. Strotz ISO Opposition, #2 Ex. A - to Strotz Declaration, #3 Ex. 2 - Declaration of Timothy M. Kuhn ISO Opposition, #4 Ex. 3)(Strotz, Peter) (Filed on 10/5/2023)
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Filing 24
CLERK'S NOTICE SETTING ZOOM HEARING & REGISTRATION: The Motion to Dismiss #13 Hearing set for 11/17/2023 at 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. 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/si MANDATORY REGISTRATION: 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 sicrd@cand.uscourts.gov no later than 11/8/2023 at 2 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/. Motion Hearing set for 11/17/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston.. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ec, COURT STAFF) (Filed on 10/5/2023)
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Filing 23
REPLY (re #13 MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss Plaintiffs' Complaint ) Defendant General Motors LLC's Reply in Support of Motion to Dismiss filed byGeneral Motors LLC. (Strotz, Peter) (Filed on 10/3/2023)
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Filing 22
Renotice motion hearing re #13 MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss Plaintiffs' Complaint Motion Hearing set for 11/3/2023 10:00 AM in San Francisco, Courtroom 1, 17th Floor, before Judge Susan Illston filed byGeneral Motors LLC. (Related document(s) #13 ) (Strotz, Peter) (Filed on 10/3/2023)
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Filing 21
OPPOSITION/RESPONSE (re #13 MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss Plaintiffs' Complaint ) filed byThomas William Swearingen. (Marden, Ryan) (Filed on 9/27/2023)
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Filing 20
MOTION to Remand TO STATE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RYAN K. MARDEN filed by Thomas William Swearingen. Motion Hearing set for 11/3/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/19/2023. Replies due by 10/26/2023. (Marden, Ryan) (Filed on 9/21/2023)
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Filing 19
NOTICE by Thomas William Swearingen Certification and Notice of Interested Parties (Marden, Ryan) (Filed on 9/20/2023)
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Filing 18
INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT. Counsel are reminded that all outstanding Motions need to renoticed for a Friday at 10 a.m. Please review Judge Illston's "Scheduling Notes" for closed dates. Please note, the briefing schedule does not change please review Local Rules regarding this matter. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si 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/. Case Management Statement due by 12/1/2023. Initial Case Management Conference set for 12/8/2023 02:30 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 9/19/2023)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston 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 9/19/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 9/19/2023)
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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. (rmm2, COURT STAFF) (Filed on 9/19/2023)
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Filing 15
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thomas William Swearingen.. (Marden, Ryan) (Filed on 9/19/2023)
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Filing 14
Request for Judicial Notice re #13 MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss Plaintiffs' Complaint filed byGeneral Motors LLC. (Attachments: #1 Proposed Order)(Related document(s) #13 ) (Strotz, Peter) (Filed on 9/13/2023)
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Filing 13
MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss Plaintiffs' Complaint filed by General Motors LLC. Motion Hearing set for 10/26/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 9/27/2023. Replies due by 10/4/2023. (Attachments: #1 Declaration of Peter A. Strotz In Support of Motion to Dismiss Plaintiffs' Complaint, #2 Exhibit A to Strotz Declaration, #3 Proposed Order)(Strotz, Peter) (Filed on 9/13/2023)
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Filing 12
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 9/20/2023. 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 9/13/2023)
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Filing 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Motors LLC.. (Strotz, Peter) (Filed on 9/7/2023)
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Filing 10
CERTIFICATE OF SERVICE by General Motors LLC re #9 Order on Stipulation Extending the Deadline for Defendant to Respond to Initial Complaint (Rubens, Rachel) (Filed on 8/28/2023)
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Filing 9
ORDER by Judge Thomas S. Hixson granting #8 Stipulation. The time for Defendant to answer or otherwise respond to Plaintiffs/ Complaint is extended from August 30, 2023 to September 13, 2023. (tshlc1, COURT STAFF) (Filed on 8/28/2023)
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Filing 8
STIPULATION WITH PROPOSED ORDER Extending the Deadline for Defendant to Respond to Initial Complaint filed by General Motors LLC. (Attachments: #1 Proposed Order)(Rubens, Rachel) (Filed on 8/28/2023)
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Filing 7
CERTIFICATE OF SERVICE by General Motors LLC, a Delaware limited liability company re #1 Notice of Removal, (Rubens, Rachel) (Filed on 8/24/2023)
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Filing 6
Civil Cover Sheet by General Motors LLC, a Delaware limited liability company Re: #1 Notice of Removal Amended Civil Cover Sheet. (Rubens, Rachel) (Filed on 8/24/2023)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/30/2023. Initial Case Management Conference set for 12/7/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (dhm, COURT STAFF) (Filed on 8/24/2023)
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ELECTRONIC FILING ERROR. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet #CAND 44 (Rev. 04/21) were used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20) as to [1.7 Civil Cover Sheet). filed by General Motors LLC, a Delaware limited liability company (bw, COURT STAFF) (Filed on 8/24/2023)
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Filing 4
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 9/6/2023. (bw, COURT STAFF) (Filed on 8/23/2023)
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Filing 3
Certificate of Interested Entities by General Motors LLC, a Delaware limited liability company identifying Other Affiliate General Motors Company, Other Affiliate General Motors Holdings LLC for General Motors LLC, a Delaware limited liability company. (Rubens, Rachel) (Filed on 8/23/2023)
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Filing 2
Corporate Disclosure Statement by General Motors LLC, a Delaware limited liability company identifying Other Affiliate General Motors Company, Other Affiliate General Motors Holdings LLC for General Motors LLC, a Delaware limited liability company. (Rubens, Rachel) (Filed on 8/23/2023)
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Filing 1
NOTICE OF REMOVAL from Sonoma County Superior Court. Their case number is SCV-273737. (Filing fee $402 receipt number ACANDC-18577758). Filed byGeneral Motors LLC, a Delaware limited liability company. (Attachments: #1 Ex. A to Notice of Removal, #2 Ex. B to Notice of Removal, #3 Declaration of Timothy M. Kuhn ISO Removal, #4 Ex. A to Declaration, #5 Ex. B to Declaration, #6 Ex. C to Declaration, #7 Civil Cover Sheet)(Rubens, Rachel) (Filed on 8/23/2023)
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