Gutierrez et al v. McNeilus Truck & Manufacturing, Inc. et al
Plaintiff: Delfina Gutierrez and Jose Gutierrez
Defendant: McNeilus Truck & Manufacturing, Inc.
Case Number: 5:2019cv01469
Filed: March 21, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Edward J Davila
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2019 Filing 16 CLERK'S NOTICE RESETTING HEARINGS. Please take NOTICE that the Motion Hearing as to #12 First Motion to Remand previously set for 7/11/2019 is HEREBY RESET to 10/24/2019 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The Initial Case Management Conference set for 8/29/2019 is HEREBY RESET to 12/5/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 11/25/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 6/6/2019)
May 9, 2019 Filing 15 REPLY (re #12 First MOTION to Remand ) filed byDelfina Gutierrez, Jose Gutierrez. (Stein, John) (Filed on 5/9/2019)
May 2, 2019 Filing 14 OPPOSITION/RESPONSE (re #12 First MOTION to Remand ) BRIEF OF DEFENDANT MCNEILUS TRUCK AND MANUFACTURING, INC. IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND filed byMcNeilus Truck & Manufacturing, Inc.. (Kelly, Daniel) (Filed on 5/2/2019)
April 22, 2019 Filing 13 CLERK'S NOTICE RESETTING HEARING. Please take NOTICE that the Initial Case Management Conference previously scheduled for 6/20/2019 is HEREBY RESET TO 8/29/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 8/19/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 4/22/2019)
April 18, 2019 Filing 12 First MOTION to Remand filed by Delfina Gutierrez, Jose Gutierrez. Motion Hearing set for 7/11/2019 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Edward J. Davila. Responses due by 5/2/2019. Replies due by 5/9/2019. (Attachments: #1 Exhibit Memorandum of Points and Authorities, #2 Declaration Declaration of John C. Stein, #3 Proposed Order Proposed Order, #4 Certificate/Proof of Service Proof of Service)(Stein, John) (Filed on 4/18/2019)
April 9, 2019 Opinion or Order Filing 11 ORDER Granting #10 Application for Admission of Attorney Pro Hac Vice for Dennis Patrick Ziemba, Counsel for Defendant. Signed by Judge Edward J. Davila on 4/9/2019. (amkS, COURT STAFF) (Filed on 4/9/2019)
April 5, 2019 Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13235815.) filed by McNeilus Truck & Manufacturing, Inc.. (Attachments: #1 CERTIFICATE OF GOOD STANDING)(Ziemba, Dennis) (Filed on 4/5/2019)
March 28, 2019 Filing 9 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 6/10/2019. Initial Case Management Conference set for 6/20/2019 10:00 AM in San Jose, Courtroom 1, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 3/28/2019)
March 26, 2019 Filing 8 CERTIFICATE OF SERVICE by McNeilus Truck & Manufacturing, Inc. CERTIFICATE OF SERVICE OF CASE-RELATED DOCUMENTS (Kelly, Daniel) (Filed on 3/26/2019)
March 26, 2019 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davilafor all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed Clerk on 3/26/2019. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 3/26/2019)
March 25, 2019 Filing 6 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 3/25/2019)
March 25, 2019 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by McNeilus Truck & Manufacturing, Inc... (Kelly, Daniel) (Filed on 3/25/2019)
March 21, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/12/2019. Initial Case Management Conference set for 6/19/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 3/21/2019)
March 21, 2019 Filing 1 Answer to Removal Complaint (Exhibit 3, 1-4) by McNeilus Truck & Manufacturing, Inc. (sfbS, COURT STAFF) (Filed on 3/21/2019)
March 21, 2019 Filing 3 Case assigned to Judge Nathanael M. Cousins. 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 4/4/2019. (srnS, COURT STAFF) (Filed on 3/21/2019)
March 21, 2019 Filing 2 Certificate of Interested Entities by McNeilus Truck & Manufacturing, Inc. identifying Corporate Parent Oshkosh Corporation for McNeilus Truck & Manufacturing, Inc.. re 1 Notice of Removal, and Corporate Disclosure (Kelly, Daniel) (Filed on 3/21/2019)

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Plaintiff: Delfina Gutierrez
Represented By: John Charles Stein
Represented By: James Paul Collins
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Plaintiff: Jose Gutierrez
Represented By: John Charles Stein
Represented By: James Paul Collins
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Defendant: McNeilus Truck & Manufacturing, Inc.
Represented By: Daniel James Kelly
Represented By: Dennis Patrick Ziemba
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