Smalheiser et al v. Mercedes-Benz USA LLC
Plaintiff: Howard Smalheiser and Muriel Smalheiser
Defendant: Mercedes-Benz USA LLC
Case Number: 3:2024cv00219
Filed: January 11, 2024
Court: US District Court for the Northern District of California
Presiding Judge: James Donato
Referring Judge: Kandis A Westmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2024 Filing 18 REPLY (re #11 MOTION to Compel Arbitration ) filed byMercedes-Benz USA LLC. (Tahsildoost, Soheyl) (Filed on 3/1/2024)
February 29, 2024 Filing 17 NOTICE by Howard Smalheiser, Muriel Smalheiser re #16 Opposition/Response to Motion, #11 MOTION to Compel Arbitration Notice of Non-Reply to Plaintiffs' Opposition to Defendant's Motion to Compel Arbitration (Serrano, Luis) (Filed on 2/29/2024)
February 16, 2024 Filing 16 OPPOSITION/RESPONSE (re #11 MOTION to Compel Arbitration ) filed byHoward Smalheiser, Muriel Smalheiser. (Attachments: #1 Declaration of Counsel, #2 Exhibit A)(Serrano, Luis) (Filed on 2/16/2024)
February 9, 2024 Opinion or Order Filing 15 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/18/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 4/11/2024. Signed by Judge James Donato on 2/9/2024. (lrc, COURT STAFF) (Filed on 2/9/2024)
February 8, 2024 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Judge Charles R. Breyer 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 2/8/24. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 2/8/2024)
February 5, 2024 Opinion or Order Filing 13 ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 2/5/2024. (ls, COURT STAFF) (Filed on 2/5/2024)
February 2, 2024 Filing 12 Request for Judicial Notice re #11 MOTION to Compel Arbitration filed byMercedes-Benz USA LLC. (Related document(s) #11 ) (Tahsildoost, Soheyl) (Filed on 2/2/2024)
February 2, 2024 Filing 11 MOTION to Compel Arbitration filed by Mercedes-Benz USA LLC. Motion Hearing set for 4/19/2024 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 2/16/2024. Replies due by 2/23/2024. (Attachments: #1 Declaration Declaration of Ali Ameripour in support, #2 Exhibit 1-Complaint, #3 Exhibit 2- Lease, #4 Proposed Order Proposed Order)(Tahsildoost, Soheyl) (Filed on 2/2/2024)
February 2, 2024 Opinion or Order Filing 10 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 Kandis A. Westmore 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 2/2/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 2/2/2024)
February 1, 2024 Filing 9 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. (kc, COURT STAFF) (Filed on 2/1/2024)
February 1, 2024 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mercedes-Benz USA LLC.. (Gallagher, Mehgan) (Filed on 2/1/2024)
January 18, 2024 Filing 7 CLERK'S NOTICE Re: Consent or Declination: Defendant Mercedes-Benz USA 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:
January 18, 2024 Filing 6 ANSWER to Complaint (Notice of Removal) by Mercedes-Benz USA LLC. (Tahsildoost, Soheyl) (Filed on 1/18/2024)
January 12, 2024 Filing 5 Corporate Disclosure Statement by Mercedes-Benz USA LLC identifying Corporate Parent Daimler International Nederland B.V., Corporate Parent Daimler AG, a publicly held German Aktiengesellschaft, Corporate Parent Mercedes-Benz North America Corporation for Mercedes-Benz USA LLC. (Gallagher, Mehgan) (Filed on 1/12/2024)
January 12, 2024 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/9/2024. Initial Case Management Conference set for 4/16/2024 01:30 PM. (mcl, COURT STAFF) (Filed on 1/12/2024)
January 12, 2024 Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 1/26/2024. (kmg, COURT STAFF) (Filed on 1/12/2024)
January 12, 2024 #Electronic filing error. This filing will not be processed by the clerks office.Please re-file the document as a separate entry on the docket. Re:[1-4] Corp Disclosure Statement, filed by Mercedes-Benz USA LLC. (mcl, COURT STAFF) (Filed on 1/12/2024)
January 11, 2024 Filing 2 Certificate of Interested Entities by Mercedes-Benz USA LLC identifying Corporate Parent Daimler North America Corporation, Corporate Parent Daimler International Nederland B.V., Corporate Parent Daimler AG, a publicly held German Aktiengesellschaft for Mercedes-Benz USA LLC. (Tahsildoost, Soheyl) (Filed on 1/11/2024)
January 11, 2024 Filing 1 NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-23-611008. (Filing fee $405 receipt number ACANDC-19015409). Filed by Mercedes-Benz USA LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Lease, #3 Civil Cover Sheet, #4 * ERRONEOUS ENTRY * Corp Disclosure Statement)(Tahsildoost, Soheyl) (Filed on 1/11/2024) Modified on 1/12/2024 (mcl, COURT STAFF).

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Plaintiff: Howard Smalheiser
Represented By: Luis A Serrano
Represented By: Joshua Kohanoff
Represented By: Gregory Sogoyan
Represented By: Kevin Y. Jacobson
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Plaintiff: Muriel Smalheiser
Represented By: Joshua Kohanoff
Represented By: Gregory Sogoyan
Represented By: Kevin Y. Jacobson
Represented By: Luis A Serrano
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Defendant: Mercedes-Benz USA LLC
Represented By: Mehgan Gallagher
Represented By: Soheyl Tahsildoost
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