Dow v. Road Machinery, LLC et al

Plaintiff: David Dow
Defendant: Road Machinery, LLC and Komatsu America Corp.
Case Number: 4:2024cv01419
Filed: March 8, 2024
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Referring Judge: Kandis A Westmore
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2024 Filing 16 CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for June 11, 2024, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by June 4th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:24-cv-01419-HSG. The June 11, 2024 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 3/25/2024)
March 25, 2024 Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 3/25/2024. (wsm, COURT STAFF) (Filed on 3/25/2024)
March 22, 2024 Filing 14 Certificate of Interested Entities by David Dow (Orozco, Tristan) (Filed on 3/22/2024)
March 22, 2024 Filing 13 NOTICE of Appearance by Tristan Christopher Orozco and Demand for Jury Trial (Orozco, Tristan) (Filed on 3/22/2024)
March 22, 2024 Filing 12 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. (wft, COURT STAFF) (Filed on 3/22/2024)
March 21, 2024 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Komatsu America Corp... (Swedo, Jeffrey) (Filed on 3/21/2024)
March 15, 2024 Filing 10 Corporate Disclosure Statement by Road Machinery, LLC identifying Other Affiliate Mitsui & Co., Ltd., Other Affiliate MBK USA Holdings, Inc. for Road Machinery, LLC. (Back, Mary) (Filed on 3/15/2024)
March 15, 2024 Filing 9 Certificate of Interested Entities by Road Machinery, LLC identifying Other Affiliate Mitsui & Co., Ltd., Other Affiliate Sentry Insurance Company, Other Affiliate MBK USA Holdings, Inc. for Road Machinery, LLC. (Back, Mary) (Filed on 3/15/2024)
March 15, 2024 Filing 8 NOTICE by Road Machinery, LLC OF RE-FILING STATE COURT ANSWER TO COMPLAINT (Back, Mary) (Filed on 3/15/2024)
March 13, 2024 Filing 7 CERTIFICATE OF SERVICE by Komatsu America Corp. re 4 Case Assigned by Intake,, #5 Initial Case Management Scheduling Order with ADR Deadlines (Swedo, Jeffrey) (Filed on 3/13/2024)
March 13, 2024 Filing 6 CERTIFICATE OF SERVICE by Komatsu America Corp. re #2 Civil Cover Sheet, #1 Notice of Removal, #3 Certificate of Interested Entities (Swedo, Jeffrey) (Filed on 3/13/2024)
March 11, 2024 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/4/2024. Initial Case Management Conference set for 6/11/2024 01:30 PM. (mcl, COURT STAFF) (Filed on 3/11/2024)
March 8, 2024 Filing 4 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 3/22/2024. (as, COURT STAFF) (Filed on 3/8/2024)
March 8, 2024 Filing 3 Certificate of Interested Entities by Komastu America Corp.l identifying Corporate Parent Komatsu Ltd. for Komastu America Corp.l. (Swedo, Jeffrey) (Filed on 3/8/2024)
March 8, 2024 Filing 2 Civil Cover Sheet by Komastu America Corp.l . (Swedo, Jeffrey) (Filed on 3/8/2024)
March 8, 2024 Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is 23CV047238. (Filing fee $405 receipt number ACANDC-19200425). Filed by Komastu America Corp.l. (Attachments: #1 Declaration of Jeffrey A. Swedo in Support of Removal, #2 * copy of Complaint and Answers attached - Exhibit A to Swedo Decl., #3 Exhibit B to Swedo Decl.)(Swedo, Jeffrey) (Filed on 3/8/2024) Modified on 3/8/2024 (mcl, COURT STAFF).
March 8, 2024 #Electronic filing error. Komastu America Corp.l has been corrected to Komatsu America Corp. Filer is also reminded to enter the state court case information in the opening screen. Corrected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by Komatsu America Corp.1 (mcl, COURT STAFF) (Filed on 3/8/2024)

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Plaintiff: David Dow
Represented By: Tristan Christopher Orozco
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Defendant: Road Machinery, LLC
Represented By: Daniel P. Schrader
Represented By: Mary Katherine Back
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Defendant: Komatsu America Corp.
Represented By: Jeffrey Andrew Swedo
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