Guan v. Mercedes-Benz USA, LLC
Plaintiff: Ying Ying Guan
Defendant: Mercedes-Benz USA, LLC
Case Number: 4:2020cv05719
Filed: August 14, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Thomas S Hixson
Referring Judge: Jon S Tigar
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2020 Filing 24 Correction of Opposition/Response or Reply Deadlines pertaining to #23 MOTION to Dismiss FIRST AMENDED COMPLAINT (Reason: Correcting an error) Opposition and reply dates corrected pursuant to Stipulation and Order Setting Briefing Schedule entered 8/26/20 (Dkt.14) filed byMercedes-Benz USA, LLC. Responses due by 10/14/2020. Replies due by 10/28/2020. (Yoshino, Troy) (Filed on 9/16/2020)
September 14, 2020 Filing 23 MOTION to Dismiss FIRST AMENDED COMPLAINT filed by Mercedes-Benz USA, LLC. Motion Hearing set for 11/18/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: #1 Declaration DECLARATION OF THEODORE VAUGHAN IN SUPPORT OF MBUSA MOTION TO DISMISS FIRST AMENDED COMPLAINT, #2 Proposed Order PROPOSED ORDER GRANTING MBUSA MOTION TO DISMISS FIRST AMENDED COMPLAINT)(Yoshino, Troy) (Filed on 9/14/2020)
August 31, 2020 Opinion or Order Filing 22 Order by Judge Jon S. Tigar granting #21 Motion for Pro Hac Vice as to Janet Varnell.(mllS, COURT STAFF) (Filed on 8/31/2020)
August 31, 2020 Filing 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14881634.) filed by Ying Ying Guan. (Attachments: #1 Supplement Certificate of Good Standing from Florida Bar Association)(Varnell, Janet) (Filed on 8/31/2020)
August 31, 2020 Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Amoedo, Alfredo) (Filed on 8/31/2020)
August 28, 2020 Opinion or Order Filing 19 Order by Judge Jon S. Tigar granting #18 Motion for Pro Hac Vice as to Matthew Peterson.(mllS, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14875985.) filed by Ying Ying Guan. (Attachments: #1 Supplement Certificate of Good Standing from the Florida Bar Association)(Peterson, Matthew) (Filed on 8/28/2020)
August 28, 2020 Opinion or Order Filing 17 Order by Judge Jon S. Tigar granting #16 Motion for Pro Hac Vice as to Brian Warwick.(mllS, COURT STAFF) (Filed on 8/28/2020)
August 28, 2020 Filing 16 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14874892.) filed by Ying Ying Guan. (Attachments: #1 Supplement Certificate of Good Standing from the Florida Bar)(Warwick, Brian) (Filed on 8/28/2020)
August 26, 2020 Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/27/2020. Initial Case Management Conference set for 11/3/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 8/26/2020)
August 26, 2020 Opinion or Order Filing 14 Order by Judge Jon S. Tigar granting #13 Stipulation to Extend Briefing Deadlines & Order Setting Briefing Schedule. Replies due by 10/28/2020. Responses due by 10/14/2020. Answer due by 9/14/2020.(mllS, COURT STAFF) (Filed on 8/26/2020)
August 25, 2020 Filing 13 STIPULATION WITH PROPOSED ORDER TO EXTEND BRIEFING DEADLINES & SETTING BRIEFING SCHEDULE filed by Mercedes-Benz USA, LLC and Ying Ying Guan. (Knapp, Eric) (Filed on 8/25/2020) Modified on 8/26/2020 (jmlS, COURT STAFF).
August 25, 2020 Opinion or Order Filing 12 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to the 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 The Clerk on 8/25/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/25/2020)
August 24, 2020 Filing 11 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. (cdnS, COURT STAFF) (Filed on 8/24/2020)
August 24, 2020 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ying Ying Guan.. (Conn, Elliot) (Filed on 8/24/2020)
August 24, 2020 Filing 9 Certificate of Interested Entities by Ying Ying Guan (Conn, Elliot) (Filed on 8/24/2020)
August 24, 2020 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mercedes-Benz USA, LLC.. (Amoedo, Alfredo) (Filed on 8/24/2020)
August 18, 2020 Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 8/24/2020. 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.) (cdnS, COURT STAFF) (Filed on 8/18/2020)
August 18, 2020 Filing 6 STIPULATION WITH PROPOSED ORDER STIPULATION TO EXTEND BRIEFING DEADLINES AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE filed by Mercedes-Benz USA, LLC. (Knapp, Eric) (Filed on 8/18/2020)
August 17, 2020 Filing 5 CERTIFICATE OF SERVICE by Mercedes-Benz USA, LLC re #2 Certificate of Interested Entities, #1 Notice of Removal, DECLARATION OF SERVICE BY MAIL (Yoshino, Troy) (Filed on 8/17/2020)
August 17, 2020 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 10:00 AM in San Francisco, Courtroom G, 15th Floor. (Attachments: #1 Standing Order, #2 Standing Order)(msrS, COURT STAFF) (Filed on 8/17/2020)
August 14, 2020 Filing 3 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/28/2020. (haS, COURT STAFF) (Filed on 8/14/2020)
August 14, 2020 Filing 2 Certificate of Interested Entities by Mercedes-Benz USA, LLC identifying Corporate Parent Daimler North America Corporation, Other Affiliate Daimler AG, Other Affiliate Daimler International Nederland B.V. for Mercedes-Benz USA, LLC. OR PERSONS AND CORPORATE DISCLOSURE STATEMENT (Yoshino, Troy) (Filed on 8/14/2020)
August 14, 2020 Filing 1 NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 USC 1332(D), 1441, 1446 & 1453 (CLASS ACTION FAIRNESS ACT) from San Francisco County Superior Court. Their case number is CGC-20-584498. (Filing fee $400 receipt number 0971-14818354). Filed byMercedes-Benz USA, LLC. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Civil Cover Sheet)(Yoshino, Troy) (Filed on 8/14/2020)

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Defendant: Mercedes-Benz USA, LLC
Represented By: Troy Masami Yoshino
Represented By: Eric J. Knapp
Represented By: Alfredo William Amoedo
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Plaintiff: Ying Ying Guan
Represented By: Brian William Warwick
Represented By: Matthew Thomas Peterson
Represented By: Janet Robards Varnell
Represented By: Elliot Jason Conn
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