Fallant v. General Motors LLC
Plaintiff: Ralph Fallant
Defendant: General Motors LLC
Case Number: 3:2023cv06709
Filed: December 29, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Susan van Keulen
Referring Judge: Richard Seeborg
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Account Receivable
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2024 Filing 15 General Motors LLC's ANSWER to Complaint (Notice of Removal) re: Violation of the Song-Beverly Consumer Warranty Act by General Motors LLC. (Park, Steven) (Filed on 2/8/2024)
January 18, 2024 Opinion or Order Filing 14 ORDER by Judge Seeborg granting #12 Motion to Dismiss, with leave to amend. (rslc1, COURT STAFF) (Filed on 1/18/2024)
January 18, 2024 Filing 13 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss the Fourth and Fifth Causes of Action of Plaintiff's Complaint ) filed byRalph Fallant. (Marden, Ryan) (Filed on 1/18/2024)
January 4, 2024 Filing 12 MOTION to Dismiss the Fourth and Fifth Causes of Action of Plaintiff's Complaint filed by General Motors LLC. Motion to Dismiss Hearing set for 2/8/2024 01:30 PM in San Francisco, Courtroom 03, 17th Floor. Responses due by 1/18/2024. Replies due by 1/25/2024. (Attachments: #1 Declaration of Steven D. Park in Support of Defendant General Motors LLC's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim, #2 Proposed Order Granting Defendant Motion to Dismiss Plaintiff's Complaint, #3 Request for Judicial Notice in Support of Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim, #4 Proposed Order Granting Defendant General Motors LLC's Request for Judicial Notice)(Park, Steven) (Filed on 1/4/2024)
January 4, 2024 #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #11 Certificate of Service, filed by General Motors LLC. (mcl, COURT STAFF) (Filed on 1/4/2024)
January 3, 2024 Filing 11 CERTIFICATE OF SERVICE re #1 Notice of Removal, #3 Certificate of Interested Entities, #4 Corporate Disclosure Statement, #5 Initial Case Management Scheduling Order and initiating documents by General Motors LLC. (Park, Steven) (Filed on 1/3/2024) Modified on 1/4/2024 (mcl, COURT STAFF).
January 2, 2024 Filing 10 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 4/11/2024 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by 4/4/2024. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/2/2024)
January 2, 2024 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings re 7 Clerk's Notice of Impending Reassignment. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by Clerk on on 1/2/2024. (bw, COURT STAFF) (Filed on 1/2/2024)
January 2, 2024 Filing 8 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 1/2/2024)
January 2, 2024 Filing 7 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 1/2/2024)
January 1, 2024 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Motors LLC.. (Park, Steven) (Filed on 1/1/2024)
December 29, 2023 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/26/2024. Initial Case Management Conference set for 4/2/2024 09:30 AM. (mcl, COURT STAFF) (Filed on 12/29/2023)
December 29, 2023 Filing 4 Corporate Disclosure Statement by General Motors LLC (Park, Steven) (Filed on 12/29/2023)
December 29, 2023 Filing 3 Certificate of Interested Entities by General Motors LLC identifying Corporate Parent General Motors Company, Corporate Parent General Motors Holdings LLC for General Motors LLC. (Park, Steven) (Filed on 12/29/2023)
December 29, 2023 Filing 2 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 1/12/2024. (mbc, COURT STAFF) (Filed on 12/29/2023)
December 29, 2023 Filing 1 NOTICE OF REMOVAL of Entire Case from Santa Clara County Superior Court. Their case number is 23CV426491. (Filing fee $405 receipt number ACANDC-18978686). Filed by General Motors LLC. (Attachments: #1 copy of Complaint attached - Exhibit A to Notice of Removal of Entire Case, #2 Exhibit B Notice of Removal of Entire Case, #3 Declaration of Eric Mitchell in Support of Defendant General Motors LLC's Notice of Removal of Entire Case, #4 Exhibit A to Declaration of Eric Mitchell, #5 Exhibit B to Declaration of Eric Mitchell, #6 Exhibit C to Declaration of Eric Mitchell, #7 Civil Cover Sheet)(Park, Steven) (Filed on 12/29/2023) Modified on 12/29/2023 (mcl, COURT STAFF).

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Plaintiff: Ralph Fallant
Represented By: Ryan K. Marden
Represented By: Neal F. Morrow, III
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Defendant: General Motors LLC
Represented By: Steven D. Park
Represented By: John Robert Lawless, Jr.
Represented By: Vincent Frank Tremonti, II
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