Zwerling v. Ford Motor Company et al
Plaintiff: Philip Zwerling
Defendant: Ford Motor Company, Does 1 through 10, inclusive and Keller Ford Lincoln
Case Number: 5:2019cv03622
Filed: June 21, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Susan van Keulen
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Opinion or Order Filing 165 RESPONSE- Declaration of Christopher J. Campbell re #162 Order Setting Compliance Deadline and Correction to Docket No.164 by Philip Zwerling. (Campbell, Christopher) (Filed on 11/21/2023) Modified on 11/21/2023 (anj, COURT STAFF).
November 20, 2023 Opinion or Order Filing 164 DISREGARD: See corrected filing at Docket no. #165 - Declaration in Response re #162 Order Setting Compliance Deadline filed by Philip Zwerling. (Related document(s) #162 ) (Campbell, Christopher) (Filed on 11/20/2023) Modified on 11/21/2023 (crr, COURT STAFF). Modified on 11/21/2023 (anj, COURT STAFF).
November 20, 2023 Opinion or Order Filing 163 Response- Declaration of Hailey M. Rogerson re #162 Order Setting Compliance Deadline by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Certificate/Proof of Service)(Rogerson, Hailey) (Filed on 11/20/2023) Modified on 11/21/2023 (anj, COURT STAFF).
November 6, 2023 Opinion or Order Filing 162 ORDER SETTING COMPLIANCE DEADLINE. Signed by Judge Edward J. Davila on 11/6/2023. (crr, COURT STAFF) (Filed on 11/6/2023)
October 27, 2023 Opinion or Order Filing 161 NOTICE by Ford Motor Company of Substitution of Sponsoring Local Counsel for Pro Hac Vice Admittee John Isaac Southerland, Esq. (Attachments: #1 Certificate/Proof of Service)(Hugret, Spencer) (Filed on 10/27/2023)
October 26, 2023 Opinion or Order Filing 160 NOTICE of Appearance by Rabiya F. Tirmizi (Tirmizi, Rabiya) (Filed on 10/26/2023)
October 16, 2023 Opinion or Order Filing 159 AMENDED SCHEDULING ORDER. Signed by Judge Edward J. Davila on 10/16/2023. (crr, COURT STAFF) (Filed on 10/16/2023)
October 16, 2023 Opinion or Order Filing 158 ORDER Denying #157 Motion for Leave to Appear Remotely at Case Management Conference. Signed by Judge Edward J. Davila on 10/16/2023. (crr, COURT STAFF) (Filed on 10/16/2023)
October 12, 2023 Opinion or Order Filing 157 MOTION for Leave to Appear REMOTELY filed by Philip Zwerling. (Attachments: #1 Proposed Order GRANTING PLAINTIFFS REQUEST TO APPEAR REMOTELY AT CASE MANAGEMENT CONFERENCE)(LaRocque, Elizabeth) (Filed on 10/12/2023)
October 12, 2023 Opinion or Order Filing 156 NOTICE of Appearance by Christopher James Campbell of Counsel (Campbell, Christopher) (Filed on 10/12/2023)
October 6, 2023 Opinion or Order Filing 155 JOINT CASE MANAGEMENT STATEMENT filed by Philip Zwerling and Ford Motor Company. (Tabesh, Dara) (Filed on 10/6/2023) Modified on 10/10/2023 (anj, COURT STAFF).
September 15, 2023 Opinion or Order Filing 154 CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (ECF No. #137 ) before Judge Edward J. Davila previously noticed for 9/20/2023 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 9/20/2023 hearing is VACATED - NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 9/15/2023)
September 14, 2023 Opinion or Order Filing 153 ORDER Denying #152 Motion to Appear Remotely. Signed by Judge Edward J. Davila on 9/14/2023. (crr, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Opinion or Order Filing 152 MOTION to Appear by Telephone filed by Philip Zwerling. (Attachments: #1 Proposed Order)(LaRocque, Elizabeth) (Filed on 9/14/2023)
September 8, 2023 Opinion or Order Filing 151 ORDER Granting *As Modified* #150 Stipulation to Continue Case Management Conference. Further Case Management Conference set for 9/20/2023 is Continued to 10/19/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 10/6/2023. Signed by Judge Edward J. Davila on 9/8/2023. (crr, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 150 STIPULATION WITH PROPOSED ORDER TO CONTINUE SEPTEMBER 20, 2023 FURTHER CASE MANAGEMENT CONFERENCE filed by Philip Zwerling and Ford Motor Company. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE SEPTEMBER 20, 2023 FURTHER CASE MANAGEMENT CONFERENCE, #2 Declaration DECLARATION OF ELIZABETH A. LAROCQUE IN SUPPORT OF JOINT STIPULATION TO CONTINUE SEPTEMBER 20, 2023 FURTHER CASE MANAGEMENT CONFERENCE)(LaRocque, Elizabeth) (Filed on 9/8/2023) Modified on 9/11/2023 (anj, COURT STAFF).
September 7, 2023 Opinion or Order Filing 149 CLERK'S NOTICE ADVANCING HEARING. Further Case Management Conference set for 9/21/2023 is ADVANCED to 9/20/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 9/7/2023)
September 6, 2023 Opinion or Order Filing 148 CLERK'S NOTICE Advancing Motion Hearing. Motion Hearing as to #137 Amended Motion to Dismiss set for 9/21/2023 is ADVANCED to 9/20/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #137 )(crr, COURT STAFF) (Filed on 9/6/2023)
July 31, 2023 Opinion or Order Filing 147 REPLY (re #137 Amended MOTION to Dismiss Plaintiff's Third Amended Complaint ) filed by Ford Motor Company. (Attachments: #1 Certificate/Proof of Service)(Rogerson, Hailey) (Filed on 7/31/2023) Modified on 8/1/2023 (anj, COURT STAFF).
July 24, 2023 Opinion or Order Filing 146 OPPOSITION/RESPONSE (re #137 Amended MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Philip Zwerling. (Tabesh, Dara) (Filed on 7/24/2023) Modified on 7/25/2023 (anj, COURT STAFF).
July 20, 2023 Opinion or Order Filing 145 NOTICE of Appearance by Elizabeth Ann LaRocque (LaRocque, Elizabeth) (Filed on 7/20/2023)
July 20, 2023 Opinion or Order Filing 144 NOTICE by Philip Zwerling of withdrawal of counsel (Dolin, Tionna) (Filed on 7/20/2023)
July 20, 2023 Opinion or Order Filing 143 NOTICE by Philip Zwerling of withdrawal of counsel (Dolin, Tionna) (Filed on 7/20/2023)
June 29, 2023 Opinion or Order Filing 142 ORDER GRANTING *AS MODIFIED* #141 STIPULATION TO CONTINUE HEARINGS AND DEADLINES. Motion Hearing re #137 Amended Motion to Dismiss set for 7/20/2023 is Continued to 9/21/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Further Case Management Conference set for 8/18/2023 is Continued to 9/21/2023 at 10:00 AM. Joint Case Management Statement due by 9/8/2023. Signed by Judge Edward J. Davila on 6/29/2023. (crr, COURT STAFF) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 141 STIPULATION WITH PROPOSED ORDER to Continue Plaintiff's Deadline to File Opposition to Motion to Dismiss filed by Philip Zwerling and Ford Motor Company. (Attachments: #1 Declaration of Dara Tabesh in Support of Joint Stipulation, #2 Proposed Order)(Tabesh, Dara) (Filed on 6/29/2023) Modified on 7/3/2023 (jml, COURT STAFF).
June 28, 2023 Opinion or Order Filing 140 ORDER Denying #139 Stipulation. Signed by Judge Edward J. Davila on 6/28/2023. (ejdlc3, COURT STAFF) (Filed on 6/28/2023)
June 28, 2023 Opinion or Order Filing 139 STIPULATION WITH PROPOSED ORDER to Continue Plaintiff's July 3, 2023 Deadline to File Opposition to Motion to Dismiss filed by Philip Zwerling, Ford Motor Company. (Attachments: #1 Declaration of Dara Tabesh, #2 Proposed Order)(Tabesh, Dara) (Filed on 6/28/2023) Modified on 6/29/2023 (cjl, COURT STAFF).
June 26, 2023 Opinion or Order Filing 138 ORDER Granting #131 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. Signed by Judge Edward J. Davila on 6/26/2023. (ejdlc3, COURT STAFF) (Filed on 6/26/2023)
June 6, 2023 Opinion or Order Filing 137 Amended MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Ford Motor Company. Motion Hearing set for 7/20/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 6/20/2023. Replies due by 6/27/2023. (Attachments: #1 Certificate/Proof of Service)(Rogerson, Hailey) (Filed on 6/6/2023)
June 5, 2023 Opinion or Order Filing 136 Notice of and Motion to Dismiss or Abate Plaintiff's Third Amended Complaint filed by Ford Motor Company. Motion Hearing set for 9/12/2023 09:00 AM in Oakland, - Videoconference Only before Judge Edward J. Davila. Responses due by 6/19/2023. Replies due by 6/26/2023. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Rogerson, Hailey) (Filed on 6/5/2023) Modified on 6/6/2023 (anj, COURT STAFF).
May 16, 2023 Opinion or Order Filing 135 ORDER Granting *As Modified* #134 Stipulation to Extend Time to Respond to Complaint and Continue Initial Case Management Conference. Initial Case Management Conference set for 6/1/2023 is Continued to 8/31/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 8/18/2023. Signed by Judge Edward J. Davila on 5/16/2023. (crr, COURT STAFF) (Filed on 5/16/2023)
May 16, 2023 Opinion or Order Filing 134 STIPULATION WITH PROPOSED ORDER to extend time to respond to third Amended Complaint and continue June 1, 2023 Case Management Conference filed by Ford Motor Company and Philip Zwerling. (Attachments: #1 Declaration, #2 Proposed Order)(Rogerson, Hailey) (Filed on 5/16/2023) Modified on 5/17/2023 (anj, COURT STAFF).
May 9, 2023 Opinion or Order Filing 133 OPPOSITION/RESPONSE (re #131 CORRECTION OF DOCKET #129 - Administrative Motion to Consider Whether Another Party's Material Should Be Sealed ) filed by Ford Motor Company. (Attachments: #1 Certificate of Service)(Rogerson, Hailey) (Filed on 5/9/2023) Modified on 5/10/2023 (anj, COURT STAFF).
May 9, 2023 Opinion or Order Filing 132 NOTICE of Appearance by Hailey Marie Rogerson (Attachments: #1 Certificate of Service)(Rogerson, Hailey) (Filed on 5/9/2023)
May 2, 2023 Opinion or Order Filing 131 CORRECTION OF DOCKET #129 - Administrative Motion to Consider Whether Another Party's Material Should Be Sealed filed by Philip Zwerling. (Attachments: #1 Declaration of Dara Tabesh in Support of Administrative Motion, #2 Proposed Order, #3 Exhibit A to Administrative Motion (Unredacted Third Amended Complaint), #4 Exhibit B to Administrative Motion (Unredacted Exhibit 3 to Third Amended Complaint), #5 Exhibit C to Administrative Motion (Unredacted Exhibit 4 to Third Amended Complaint))(Tabesh, Dara) (Filed on 5/2/2023) Modified on 5/3/2023 (anj, COURT STAFF).
May 2, 2023 Opinion or Order Filing 130 AMENDED COMPLAINT Third Amended Complaint, CORRECTION OF DOCKET #128 against Ford Motor Company. Filed by Philip Zwerling. (Attachments: #1 Exhibit 1 to Third Amended Complaint, #2 Exhibit 2 to Third Amended Complaint, #3 Exhibit 3 to Third Amended Complaint, #4 Exhibit 4 to Third Amended Complaint, #5 Exhibit 5 to Third Amended Complaint, #6 Exhibit 6 to Third Amended Complaint, #7 Exhibit 7 to Third Amended Complaint, #8 Exhibit 8 to Third Amended Complaint, #9 Exhibit 9 to Third Amended Complaint, #10 Exhibit 10 to Third Amended Complaint, #11 Exhibit 11 to Third Amended Complaint, #12 Exhibit 12 to Third Amended Complaint, #13 Exhibit Third Amended Complaint Redlined Against Second Amended Complaint)(Tabesh, Dara) (Filed on 5/2/2023) Modified on 5/3/2023 (anj, COURT STAFF).
May 1, 2023 Opinion or Order Filing 129 Administrative Motion to File Under Seal Third Amended Complaint filed by Philip Zwerling. (Attachments: #1 Exhibit 1 [UNREDACTED THIRD AMENDED COMPLAINT AND EXHIBITS], #2 PROPOSED ORDER)(Tabesh, Dara) (Filed on 5/1/2023)
May 1, 2023 Opinion or Order Filing 128 Third Amended Complaint against Philip Zwerling. Filed by Philip Zwerling. (Tabesh, Dara) (Filed on 5/1/2023) Modified on 5/2/2023 (anj, COURT STAFF).
April 10, 2023 Opinion or Order Filing 127 ORDER Granting #106 Motion to Dismiss. Signed by Judge Edward J. Davila on 4/10/2023. (ejdlc3, COURT STAFF) (Filed on 4/10/2023)
April 7, 2023 Opinion or Order Filing 126 Second Amended Complaint for Violation of Statutory Obligations against Ford Motor Company. Filed by Philip Zwerling. (Attachments: #1 Exhibit A - Warranty, #2 Exhibit B - BBB Letter, #3 Exhibit C - Under Seal, #4 Exhibit D - Under Seal)(Tracy, Michael) (Filed on 4/7/2023) Modified on 4/10/2023 (anj, COURT STAFF).
April 7, 2023 Opinion or Order Filing 125 NOTICE of Appearance by Michael Lion Tracy (Tracy, Michael) (Filed on 4/7/2023)
March 31, 2023 Opinion or Order Filing 124 ORDER Granting in Part and Denying in Part #113 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. Signed by Judge Edward J. Davila on 3/31/2023. (ejdlc3, COURT STAFF) (Filed on 3/31/2023)
March 13, 2023 Opinion or Order Filing 123 ORDER Granting *As Modified* #122 Stipulation to Continue Case Management Conference. Further Case Management Conference set for 6/1/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 5/19/2023. Signed by Judge Edward J. Davila on 3/13/2023. (crr, COURT STAFF) (Filed on 3/13/2023)
March 13, 2023 Opinion or Order Filing 122 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Philip Zwerling and Ford Motor Company. (Attachments: #1 Declaration of Dara Tabesh in Support of Joint Stipulation to Continue Case Management Conference, #2 Proposed Order)(Tabesh, Dara) (Filed on 3/13/2023) Modified on 3/14/2023 (anj, COURT STAFF).
February 15, 2023 Opinion or Order Filing 121 NOTICE of Substitution of Counsel by Charles Frederick Harlow, Jr (Harlow, Charles) (Filed on 2/15/2023)
January 24, 2023 Opinion or Order Filing 120 CLERK'S NOTICE CONTINUING HEARING. PLEASE TAKE NOTICE that the Further Case Management Conference set for 2/2/2023 is CONTINUED to 3/16/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 3/6/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 1/24/2023)
November 4, 2022 Opinion or Order Filing 119 Order Granting #118 JOINT STIPULATION TO CONTINUE NOVEMBER 17, 2022 FURTHER CASE MANAGEMENT CONFERENCE. Signed by Judge Edward J. Davila on 11/4/2022. (ejdlc1, COURT STAFF) (Filed on 11/4/2022)
November 4, 2022 Opinion or Order Reset Deadlines/Hearings per #119 Order on Stipulation. Further Case Management Conference set for 11/17/2022 is Continued to 2/2/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 1/23/2023. (crr, COURT STAFF) (Filed on 11/4/2022)
November 3, 2022 Opinion or Order Filing 118 Stipulation to Continue November 17, 2022 Further Case Management Conference filed by Ford Motor Company and Philip Zwerling. (Attachments: #1 Declaration Declaration of Charles F. Harlow, #2 Proposed Order)(Harlow, Charles) (Filed on 11/3/2022) Modified on 11/4/2022 (anj, COURT STAFF).
October 11, 2022 Opinion or Order Filing 117 CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (ECF No. #106 ) before Judge Edward J. Davila previously noticed for 10/13/2022 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 10/13/2022 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/11/2022)
July 26, 2022 Opinion or Order Filing 116 NOTICE of Disassociation of Counsel for Plaintiff by Philip Zwerling (Dolin, Tionna) (Filed on 7/26/2022) Modified on 7/27/2022 (jml, COURT STAFF).
June 22, 2022 Opinion or Order Filing 115 NOTICE of Disassociation of Counsel for Plaintiff by Philip Zwerling (Dolin, Tionna) (Filed on 6/22/2022) Modified on 6/23/2022 (jml, COURT STAFF).
May 31, 2022 Opinion or Order Filing 114 REPLY (re #106 MOTION to Dismiss ) [REPLY OF DEFENDANT FORD MOTOR COMPANY IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)] filed byFord Motor Company, Keller Ford Lincoln. (Dye, Stephen) (Filed on 5/31/2022)
May 23, 2022 Opinion or Order Filing 113 Administrative Motion to consider whether Defendants Documents and Information designated as Confidential and Subject to Protective Order should be sealed (Corrected version of Docket No. 101) filed by Philip Zwerling. (Attachments: #1 Attachment 1 (unredacted Second Amended Complaint and Exs. A-D), #2 Proposed Order, #3 Declaration of Dara Tabesh)(Tabesh, Dara) (Filed on 5/23/2022) Modified on 5/24/2022 (cjl, COURT STAFF).
May 17, 2022 Opinion or Order Filing 112 OPPOSITION/RESPONSE (re #106 MOTION to Dismiss ) filed byPhilip Zwerling. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit A to Tabesh Declaration)(Tabesh, Dara) (Filed on 5/17/2022)
April 29, 2022 Opinion or Order Filing 111 Order Granting AS MODIFIED #109 Stipulation to Amend Case Schedule. Signed by Judge Edward J. Davila on 4/29/2022. (ejdlc1, COURT STAFF) (Filed on 4/29/2022)
April 29, 2022 Opinion or Order Filing 110 Declaration of Dara Tabesh in Support of #109 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Amend Case Schedule Supplemental Declaration in Support thereof filed byPhilip Zwerling. (Related document(s) #109 ) (Tabesh, Dara) (Filed on 4/29/2022)
April 29, 2022 Opinion or Order Set Deadlines/Hearings per #111 Order on Stipulation. Oppositions to #106 Motion due by 5/17/2022; Replies due by 5/31/2022. Further Case Management Conference set for 11/17/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 11/7/2022. (crr, COURT STAFF) (Filed on 4/29/2022)
April 28, 2022 Opinion or Order Filing 109 STIPULATION WITH PROPOSED ORDER to Amend Case Schedule filed by Philip Zwerling and Ford Motor Company. (Attachments: #1 Declaration of Dara Tabesh in Support of Joint Statement, #2 Proposed Order)(Tabesh, Dara) (Filed on 4/28/2022) Modified on 4/29/2022 (jml, COURT STAFF).
April 26, 2022 Opinion or Order Filing 108 MOTION to Stay re #106 MOTION to Dismiss : Motion to Stay Discovery Pending Outcome of Pending Motion to Dismiss or Abate Plaintiff's Second Amended Complaint filed by Ford Motor Company. Motion Hearing set for 10/13/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 5/10/2022. Replies due by 5/17/2022. (Attachments: #1 Declaration of Stephen H. Dye ISO Motion to Stay Discovery..., #2 Proposed Order Granting Ford Motion to Stay Discovery)(Dye, Stephen) (Filed on 4/26/2022)
April 26, 2022 Opinion or Order Filing 107 NOTICE of Appearance by Ariel S. Harman-Holmes (Harman-Holmes, Ariel) (Filed on 4/26/2022)
April 19, 2022 Opinion or Order Filing 106 MOTION to Dismiss OR ABATE PLAINTIFFS SECOND AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12 (B) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] filed by Ford Motor Company, Keller Ford Lincoln. Motion Hearing set for 10/13/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 5/3/2022. Replies due by 5/10/2022. (Attachments: #1 Declaration of Stephen H. Dye ISO)(Dye, Stephen) (Filed on 4/19/2022) Modified on 4/20/2022 (jml, COURT STAFF).
April 12, 2022 Opinion or Order Filing 105 OPPOSITION/RESPONSE (re #101 Administrative Motion to consider whether Defendants Documents and Information designated as Confidential and Subject to Protective Order should be sealed ) filed byFord Motor Company. (Attachments: #1 Declaration Declaration of Eric Kalis, #2 Declaration Declaration of Charles F. Harlow)(Harlow, Charles) (Filed on 4/12/2022)
April 7, 2022 Opinion or Order Filing 104 Order Granting #103 Ex Parte Application re #100 Amended Complaint for Relief from Late Filing of Second Amended Complaint. Signed by Judge Edward J. Davila on 4/7/2022. (ejdlc1, COURT STAFF) (Filed on 4/7/2022)
April 7, 2022 Opinion or Order Filing 103 Ex Parte Application re #100 Amended Complaint for Relief from Late Filing of Second Amended Complaint filed by Philip Zwerling. (Attachments: #1 Declaration of Dara Tabesh (Supplemental), #2 Proposed Order)(Tabesh, Dara) (Filed on 4/7/2022)
April 5, 2022 Opinion or Order Filing 102 Declaration of Dara Tabesh in Support of #100 Amended Complaint re filing of Second Amended Complaint filed by Philip Zwerling. (Related document(s) #100 ) (Tabesh, Dara) (Filed on 4/5/2022) Modified on 4/6/2022 (anj, COURT STAFF).
April 5, 2022 Opinion or Order Filing 101 Administrative Motion to consider whether Defendants Documents and Information designated as Confidential and Subject to Protective Order should be sealed filed by Philip Zwerling. (Attachments: #1 Proposed Order, #2 Unredacted Second Amended Complaint)(Tabesh, Dara) (Filed on 4/5/2022) Modified on 4/6/2022 (anj, COURT STAFF).
April 5, 2022 Opinion or Order Filing 100 AMENDED COMPLAINT Second Amended Complaint and Exhibits A-D (redacted) against Philip Zwerling. Filed by Philip Zwerling. (Tabesh, Dara) (Filed on 4/5/2022) Modified on 4/6/2022 (anj, COURT STAFF).
March 24, 2022 Opinion or Order Filing 99 NOTICE of Appearance by Mani Arabi (Arabi, Mani) (Filed on 3/24/2022)
March 17, 2022 Opinion or Order Filing 98 NOTICE of Appearance by Karin Kuemerle (Kuemerle, Karin) (Filed on 3/17/2022)
March 14, 2022 Opinion or Order Filing 97 Order Granting #42 Motion to Dismiss under FRCP 12(c). Amended Complaint due by 4/4/2022. Signed by Judge Edward J. Davila on 3/14/2022. (ejdlc1, COURT STAFF) (Filed on 3/14/2022)
March 10, 2022 Opinion or Order Filing 96 (Text Only) CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (Docket Item No. #42 ) before Judge Edward J. Davila previously noticed for 3/17/2022 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 3/17/2022 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (amk, COURT STAFF) (Filed on 3/10/2022)
March 3, 2022 Opinion or Order Filing 95 CORRECTED Order Granting #92 Stipulation to Amend Case Schedule. Signed by Judge Edward J. Davila on 3/3/2022. (ejdlc1, COURT STAFF) (Filed on 3/3/2022)
March 3, 2022 Opinion or Order Filing 94 ***FILED IN ERROR -- Please see corrected version at Dkt. No. #95 *** CORRECTED Order Granting #92 Stipulation to Amend Case Schedule. Signed by Judge Edward J. Davila on 3/2/2022. (ejdlc1, COURT STAFF) (Filed on 3/3/2022) Modified on 3/3/2022 (ejdlc1, COURT STAFF).
March 3, 2022 Opinion or Order Filing 93 ***FILED IN ERROR -- Please see corrected version at Dkt. No. #95 *** Order Granting #92 Stipulation to Amend Case Schedule. Signed by Judge Edward J. Davila on 3/3/2022. (ejdlc1, COURT STAFF) (Filed on 3/3/2022) Modified on 3/3/2022 (ejdlc1, COURT STAFF).
March 2, 2022 Opinion or Order Filing 92 Stipulation to Amend Case Management Order with Proposed Order filed by Philip Zwerling and Ford Motor Company. (Attachments: #1 Declaration of Dara Tabesh, #2 Proposed Order)(Tabesh, Dara) (Filed on 3/2/2022) Modified on 3/3/2022 (anj, COURT STAFF).
February 17, 2022 Opinion or Order Filing 91 NOTICE by Philip Zwerling Re Disassociation of Counsel (Dolin, Tionna) (Filed on 2/17/2022)
February 15, 2022 Opinion or Order Filing 90 PROTECTIVE ORDER. Signed by Judge Susan van Keulen on 2/15/2022. (svklc1, COURT STAFF) (Filed on 2/15/2022)
February 15, 2022 Opinion or Order Filing 89 CLERK'S NOTICE Continuing Motion Hearing as to #42 MOTION to Dismiss. Motion Hearing continued to 3/17/2022 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.)(crr, COURT STAFF) (Filed on 2/15/2022)
February 15, 2022 Opinion or Order Filing 88 Transcript of Proceedings held on 02/10/22, before Judge Magistrate Judge Susan van Keulen. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: FTR 1:39 - 3:19. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #84 Transcript Order ) Redaction Request due 3/8/2022. Redacted Transcript Deadline set for 3/18/2022. Release of Transcript Restriction set for 5/16/2022. (Related documents(s) #84 ) (Jauregui, Tara) (Filed on 2/15/2022)
February 15, 2022 Opinion or Order Filing 87 Corrected Exhibit A to Joint Statement re Protective Order by Ford Motor Company. (Harlow, Charles) (Filed on 2/15/2022) Modified on 2/15/2022 (jml, COURT STAFF).
February 15, 2022 Opinion or Order #Electronic filing error. Incorrect event used. [err101] The correct event is Exhibit. No title Page. Exhibits e-filed separately and not as an attachment, require a title page. Pl ease refer to Civil Local Rules 3-4 re first page requirement for future filings. Corrected by Clerk's Office. No further action is necessary. Re: #87 Status Report filed by Ford Motor Company (jml, COURT STAFF) (Filed on 2/15/2022)
February 14, 2022 Opinion or Order Filing 86 Joint Statement re Protective Order by Ford Motor Company and Philip Zwerling. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Harlow, Charles) (Filed on 2/14/2022) Modified on 2/15/2022 (jml, COURT STAFF).
February 11, 2022 Opinion or Order Filing 85 TRANSCRIPT ORDER for proceedings held on 02/10/2022 before Magistrate Judge by Ford Motor Company, for Court Reporter FTR - San Jose. (Dye, Stephen) (Filed on 2/11/2022) TRANSCRIBER Echo Reporting (echoreporting@yahoo.com) Modified on 2/14/2022 (sp, COURT STAFF).
February 11, 2022 Opinion or Order Filing 84 TRANSCRIPT ORDER for proceedings held on 02/10/2022 before Magistrate Judge Susan van Keulen by Philip Zwerling, for Court Reporter FTR - San Jose. (Alsaadi, Nadine) (Filed on 2/11/2022)
February 10, 2022 Opinion or Order Filing 83 ORDER FOLLOWING FEBRUARY 10, 2022 DISCOVERY HEARING re #71 Discovery Letter Brief. Signed by Judge Susan van Keulen on 2/10/2022. (Attachments: Exhibit 1 - chart of discovery rulings)(svklc1, COURT STAFF) (Filed on 2/10/2022)
February 10, 2022 Opinion or Order Filing 82 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Discovery Hearing held on 2/10/2022 via Zoom.All parties appeared via Zoom. Court to issue order.Zoom Recorded 1:39-3:19pm (1 hour 40 mins). Plaintiff Attorney: Payam Shahian & Dara Tabesh. Defendant Attorney: Stephen Dye & John Southerland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 2/10/2022)
February 10, 2022 Opinion or Order Filing 81 NOTICE of Appearance by Nadine Alsaadi (Alsaadi, Nadine) (Filed on 2/10/2022)
February 7, 2022 Opinion or Order Filing 80 EXHIBIT E to Joint Statement regarding plaintiffs Motion to Compel further responses to plaintiff's request for production of documents, set one, and to plaintiff's special interrogatories, set one filed by Philip Zwerling. (Related document(s) #71 ) (Tabesh, Dara) (Filed on 2/7/2022) Modified on 2/8/2022 (anj, COURT STAFF).
February 4, 2022 Opinion or Order #Electronic filing error. No title Page. Exhibits e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement . Please re-file in its entirety. Re: #79 Exhibits filed by Philip Zwerling (jml, COURT STAFF) (Filed on 2/4/2022)
February 4, 2022 Opinion or Order Filing 79 EXHIBITS re #71 Joint Discovery Letter Brief Exhibit E (resubmitted per Court order) filed byPhilip Zwerling. (Related document(s) #71 ) (Tabesh, Dara) (Filed on 2/4/2022)
February 3, 2022 Opinion or Order Filing 78 CLERKS NOTICE RE-SETTING 2/8/22 ZOOM DISCOVERY HEARING TO 2/10/22.Discovery Hearing set for 2/10/2022 01:30 PM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appearances: Adv anced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than February 7, 2022 at 12:00PM PST.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 2/3/2022)
February 3, 2022 Opinion or Order Filing 77 CLERKS NOTICE SETTING ZOOM HEARING.Discovery Hearing set for 2/8/2022 01:30 PM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appearances: Advanced notice is required of coun sel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than February 7, 2022 at 12:00PM PST.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 2/3/2022)
February 2, 2022 Opinion or Order Filing 76 CLERK'S NOTICE CONTINUING TRIAL SETTING CONFERENCE. Trial Setting Conference set 2/10/2022 is continued to 5/12/2022 at 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Trial Setting Statement due by 5/2/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/2/2022)
February 2, 2022 Opinion or Order Filing 75 Order re #71 Joint Discovery Submission. Signed by Judge Susan van Keulen on 2/2/2022. (svklc1, COURT STAFF) (Filed on 2/2/2022)
February 1, 2022 Opinion or Order #Electronic filing error. The email address on file does not match the Notice of Appearance, please update your ECF profile. Re: #73 Notice of Appearance filed by Philip Zwerl ing (anj, COURT STAFF) (Filed on 2/1/2022)
January 31, 2022 Opinion or Order Filing 74 Joint Trial Setting Conference Statement by Philip Zwerling, Ford Motor Company and Keller Ford Lincoln. (Aref, Kareem) (Filed on 1/31/2022) Modified on 2/2/2022 (anj, COURT STAFF).
January 31, 2022 Opinion or Order Filing 73 NOTICE of Appearance by Christine J Haw (Haw, Christine) (Filed on 1/31/2022)
January 29, 2022 Opinion or Order Filing 72 NOTICE of Change of Address by Tionna Grace Dolin (Dolin, Tionna) (Filed on 1/29/2022)
January 28, 2022 Opinion or Order Filing 71 Joint Statement regarding plaintiffs motion to compel further responses to plaintiffs request for production of documents filed by Philip Zwerling. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tabesh, Dara) (Filed on 1/28/2022) Modified on 1/31/2022 (anj, COURT STAFF).
January 20, 2022 Opinion or Order Filing 70 NOTICE by Philip Zwerling of Disassociation of Counsel for Plaintiff (Dolin, Tionna) (Filed on 1/20/2022)
January 20, 2022 Opinion or Order Filing 69 NOTICE of Appearance by Kareem Shereef Aref (Aref, Kareem) (Filed on 1/20/2022)
December 1, 2021 Opinion or Order Filing 68 Order Granting in Part and Denying in Part #67 Stipulation to Amend Case Management Order. Signed by Judge Edward J. Davila on 12/1/2021. (ejdlc1, COURT STAFF) (Filed on 12/1/2021)
December 1, 2021 Opinion or Order ***Set Deadlines/Hearings per ECF #68 Order: Close of Expert Discovery due by 5/9/2022. Close of Fact Discovery due by 3/4/2022. Joint Trial Setting Conference Statement due by 1/31/2022. Trial Setting Conference set for 2/10/2022 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Rebuttal Reports due by 4/25/2022. Dispositive Motion due by 5/27/2022. Opening Reports due by 4/4/2022. Dispositive Motion Hearing set for 7/7/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amk, COURT STAFF) (Filed on 12/1/2021)
November 30, 2021 Opinion or Order Filing 67 Joint Stipulation to Amend Case Management Order filed by Ford Motor Company and Philip Zwerling. (Attachments: #1 Declaration Declaration of Charles F. Harlow, #2 Proposed Order)(Harlow, Charles) (Filed on 11/30/2021) Modified on 12/1/2021 (bns, COURT STAFF).
November 3, 2021 Opinion or Order Filing 66 CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Motion #42 to Dismiss Hearing set for 1/20/2022 is CONTINUED to 3/10/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 11/3/2021)
October 25, 2021 Opinion or Order Filing 65 Request for Judicial Notice re #42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF], #64 Reply to Opposition/Response, [SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY] filed byFord Motor Company. (Related document(s) #42 , #64 ) (Dye, Stephen) (Filed on 10/25/2021)
October 25, 2021 Opinion or Order Filing 64 REPLY (re #42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] ) filed byFord Motor Company. (Dye, Stephen) (Filed on 10/25/2021)
October 18, 2021 Opinion or Order Filing 63 Request for Judicial Notice re #62 Opposition/Response to Motion, filed byPhilip Zwerling. (Attachments: #1 Exhibit A)(Related document(s) #62 ) (Sogoyan, Gregory) (Filed on 10/18/2021)
October 18, 2021 Opinion or Order Filing 62 OPPOSITION/RESPONSE (re #42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] ) filed byPhilip Zwerling. (Sogoyan, Gregory) (Filed on 10/18/2021)
October 18, 2021 Opinion or Order Filing 61 Order Granting #52 Ex Parte Application Requesting a Post-Deadline Filing Extension Pursuant to Rule 6(b)(1)(B). Ford's reply brief is due within 7 days of Zwerling's re-filing of his opposition brief. Signed by Judge Edward J. Davila on 10/18/2021. (ejdlc1S, COURT STAFF) (Filed on 10/18/2021)
October 12, 2021 Opinion or Order Filing 60 Declaration of Tionna Dolin in Support of #52 Ex Parte Application filed byPhilip Zwerling. (Attachments: #1 Exhibit A to Second Supplemental Declaration of Tionna Dolin in Support of Plaintiff's Ex Parte Application Requesting a Post-Deadline Filing Extension)(Related document(s) #52 ) (Tabesh, Dara) (Filed on 10/12/2021)
October 12, 2021 Opinion or Order Filing 59 Declaration of Gregory Sogoyan in Support of #52 Ex Parte Application filed byPhilip Zwerling. (Related document(s) #52 ) (Sogoyan, Gregory) (Filed on 10/12/2021)
October 12, 2021 Opinion or Order Filing 58 Declaration of Tionna Dolin in Support of #52 Ex Parte Application filed byPhilip Zwerling. (Related document(s) #52 ) (Dolin, Tionna) (Filed on 10/12/2021)
October 12, 2021 Opinion or Order Filing 57 DEFENDANT FORD MOTOR COMPANYS RESPONSE TO PLAINTIFFS EX PARTE APPLICATION REQUESTING A POST-DEADLINE FILING EXTENSION PURSUANT TO RULE 6(b)(1)(B) OR IN THE ALTERNATIVE LEAVE TO AMEND PLAINTIFFS COMPLAINT by Ford Motor Company re #52 Ex Parte Application CORRECTION OF DOCKET #56 (Attachments: #1 Declaration of Charles F. Harlow, #2 Exhibit 1 to Harlow Declaration, #3 Exhibit 2 to Harlow Declaration, #4 Exhibit 3 to Harlow Declaration, #5 Exhibit 4 to Harlow Declaration, #6 Exhibit 5 to Harlow Declaration, #7 Exhibit 6 to Harlow Declaration, #8 Exhibit 7 to Harlow Declaration, #9 Exhibit 8 to Harlow Declaration)(Harlow, Charles) (Filed on 10/12/2021) Modified on 10/13/2021 (bnsS, COURT STAFF).
October 11, 2021 Opinion or Order Filing 56 Response to Plaintiff's Ex Parte Application by Ford Motor Company re #52 Ex Parte Application (Attachments: #1 Declaration of Charles F. Harlow, #2 Exhibit 1 to Harlow Declaration, #3 Exhibit 2 to Harlow Declaration, #4 Exhibit 3 to Harlow Declaration, #5 Exhibit 4 to Harlow Declaration, #6 Exhibit 5 to Harlow Declaration, #7 Exhibit 6 to Harlow Declaration, #8 Exhibit 7 to Harlow Declaration, #9 Exhibit 8 to Harlow Declaration)(Harlow, Charles) (Filed on 10/11/2021) Modified on 10/12/2021 (bnsS, COURT STAFF).
October 8, 2021 Opinion or Order #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. The correct event is Notice (Other). In the future, the correct event is found under Civil Events > Other Filings > Notices. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #53 Opposition/Response to Motion filed by Ford Motor Company (bnsS, COURT STAFF) (Filed on 10/8/2021)
October 7, 2021 Opinion or Order Filing 55 Declaration of Tionna Dolin in Support of #52 Ex Parte Application Requesting a Post-Deadline Filing Extension Pursuant to Rule 6(b)(1)(B) or in the Alternative Leave to Amend Plaintiff's Complaint filed byPhilip Zwerling. (Related document(s) #52 ) (Tabesh, Dara) (Filed on 10/7/2021)
October 7, 2021 Opinion or Order Filing 54 NOTICE of Appearance by Dara Tabesh (Tabesh, Dara) (Filed on 10/7/2021)
October 7, 2021 Opinion or Order Filing 53 Notice of Intent to File a Response to Ex Parte Application(re #52 Ex Parte Application ) filed by Ford Motor Company. (Harlow, Charles) (Filed on 10/7/2021) Modified on 10/8/2021 (bnsS, COURT STAFF).
October 7, 2021 Opinion or Order Filing 52 Ex Parte Application filed by Philip Zwerling. (Attachments: #1 Declaration of Gregory Sogoyan in Support of Plaintiff's Ex Parte Application Requesting a Post-Deadline Filing Extension Pursuant to Rule 6(b)(1)(B) or in the Alternative Leave to Amend Plaintiff's Complaint, #2 Proposed Order Granting Plaintiff's Ex Parte Application Requesting a Post-Deadline Filing Extension Pursuant to Rule 6(b)(1)(B) or in the Alternative Leave to Amend Plaintiff's Complaint)(Butala, Neal) (Filed on 10/7/2021)
October 5, 2021 Opinion or Order Filing 51 NOTICE of Appearance by Neal Sundeep Butala (Butala, Neal) (Filed on 10/5/2021)
October 5, 2021 Opinion or Order Filing 50 NOTICE of Disassociation of Counsel for Plaintiff by Philip Zwerling (Dolin, Tionna) (Filed on 10/5/2021) Modified on 10/6/2021 (bnsS, COURT STAFF).
October 5, 2021 Opinion or Order Filing 49 ***DISREGARD, FILED IN ERROR BY FILER. RE-FILEED ATDOCKET NO #50 *** NOTICE by Philip Zwerling of Disassociation of Counsel for Plaintiff (Dolin, Tionna) (Filed on 10/5/2021) Modified on 10/6/2021 (bnsS, COURT STAFF).
October 5, 2021 Opinion or Order Filing 48 NOTICE of Appearance by Payam Shahian (Shahian, Payam) (Filed on 10/5/2021)
October 5, 2021 Opinion or Order Filing 47 NOTICE of Appearance by Gregory Sogoyan (Sogoyan, Gregory) (Filed on 10/5/2021)
September 15, 2021 Opinion or Order Filing 46 REPLY (re #42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] ) filed byFord Motor Company. (Harlow, Charles) (Filed on 9/15/2021)
September 1, 2021 Opinion or Order ***Set Deadlines/Hearings per ECF #45 Order: Close of Expert Discovery due by 2/4/2022. Close of Fact Discovery due by 2/4/2022. Joint Trial Setting Conference Statement due by 1/3/2022. Dispositive Motion due by 4/27/2022. Opening Reports due by 12/7/2021. Rebuttal Reports due by 1/4/2022. Motion Hearing set for 5/5/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Trial Setting Conference set for 1/13/2022 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 9/1/2021)
September 1, 2021 Opinion or Order Filing 45 Order Granting #44 Stipulation to Amend Case Management Order. Signed by Judge Edward J. Davila on 9/1/2021. (ejdlc1S, COURT STAFF) (Filed on 9/1/2021)
August 27, 2021 Opinion or Order Filing 44 STIPULATION WITH PROPOSED ORDER re #36 Case Management Scheduling Order,,, Set Deadlines/Hearings,, [JOINT STIPULATION TO AMEND CASE MANAGEMENT ORDER] filed by Ford Motor Company. (Attachments: #1 Declaration of Charles F. Harlow, #2 Proposed Order)(Harlow, Charles) (Filed on 8/27/2021)
August 27, 2021 Opinion or Order Filing 43 Request for Judicial Notice re #42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] filed byFord Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #42 ) (Dye, Stephen) (Filed on 8/27/2021)
August 27, 2021 Opinion or Order Filing 42 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(C) BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] filed by Ford Motor Company. Motion Hearing set for 1/20/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 9/10/2021. Replies due by 9/17/2021. (Attachments: #1 Declaration of Stephen H. Dye, #2 Exhibit A to Declaration of Stephen H. Dye)(Dye, Stephen) (Filed on 8/27/2021)
June 8, 2021 Opinion or Order Filing 41 ANSWER to Amended Complaint byFord Motor Company. (Harlow, Charles) (Filed on 6/8/2021)
May 18, 2021 Opinion or Order Filing 40 Declaration of Tionna Dolin in Support of #39 Amended Complaint filed byPhilip Zwerling. (Related document(s) #39 ) (Dolin, Tionna) (Filed on 5/18/2021)
May 18, 2021 Opinion or Order Filing 39 AMENDED COMPLAINT for Violation of Statutory Obligations against Ford Motor Company. Filed byPhilip Zwerling. (Attachments: #1 Exhibit 2013 Ford Warranty Guide)(Dolin, Tionna) (Filed on 5/18/2021)
October 29, 2020 Opinion or Order Filing 38 Order granting #37 Stipulation To File First Amended Complaint. Signed by Judge Edward J. Davila on 10/29/2020. (ejdlc1S, COURT STAFF) (Filed on 10/29/2020)
October 28, 2020 Opinion or Order Filing 37 STIPULATION WITH PROPOSED ORDER to File First Amended Complaint filed by Philip Zwerling. (Attachments: #1 Exhibit to Stipulation, #2 Proposed Order)(Nguyen, Anh) (Filed on 10/28/2020)
October 20, 2020 Opinion or Order Filing 36 CASE MANAGEMENT ORDER: The Case Management Conference scheduled for 10/29/2020 is VACATED - NO APPEARANCE NECESSARY and the parties are ordered to comply with the schedule set forth in the Order. Joint Trial Setting Conference Statement due by 10/18/2021. Trial Setting Conference set for 11/4/2021 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Dispositive Motion due by 2/27/2022. Dispositive Motion Hearing set for 3/3/2022 09:00 AM. Signed by Judge Edward J. Davila on 10/20/2020. (amkS, COURT STAFF) (Filed on 10/20/2020)
October 19, 2020 Opinion or Order Filing 35 JOINT CASE MANAGEMENT STATEMENT filed by Philip Zwerling. (Nguyen, Anh) (Filed on 10/19/2020)
October 15, 2020 Opinion or Order Filing 34 CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 10/22/2020 is hereby CONTINUED to 10/29/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due 10/19/2020 by 3:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 10/15/2020)
August 25, 2020 Opinion or Order Filing 33 CLERK'S NOTICE RESETTING HEARING TIME. Please take NOTICE that the Initial Case Management Conference set for 10/22/2020 previously set for 9:00 AM is HEREBY RESET to 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amkS, COURT STAFF) (Filed on 8/25/2020)
July 16, 2020 Opinion or Order Filing 32 Order granting #31 Stipulation. Signed by Judge Edward J. Davila on 7/16/2020. (ejdlc1S, COURT STAFF) (Filed on 7/16/2020)
July 16, 2020 Opinion or Order ***Set Deadlines/Hearings per ECF #32 Order: Joint Case Management Statement due by 10/12/2020. Initial Case Management Conference set for 10/22/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 7/16/2020)
July 14, 2020 Opinion or Order Filing 31 STIPULATION WITH PROPOSED ORDER re #30 Order on Stipulation JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JULY 23, 2020 AND ALL RELATED DATES filed by Ford Motor Company, Keller Ford Lincoln. (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Harlow, Charles) (Filed on 7/14/2020)
July 10, 2020 Opinion or Order Filing 30 Order denying #29 Stipulation to Continue Case Management Conference. Signed by Edward J. Davila on 7/10/2020. (ejdlc1S, COURT STAFF) (Filed on 7/10/2020)
July 9, 2020 Opinion or Order Filing 29 STIPULATION WITH PROPOSED ORDER re #28 Order on Stipulation, JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JULY 23, 2020 AND ALL RELATED DATES filed by Ford Motor Company, Keller Ford Lincoln. (Attachments: #1 Proposed Order)(Harlow, Charles) (Filed on 7/9/2020)
May 7, 2020 Opinion or Order Filing 28 Order Granting #27 Stipulation to Continue Case Management Conference. Case Management Statement due by 7/13/2020. Initial Case Management Conference set for 7/23/2020 10:00 AM. Signed by Judge Edward J. Davila on 5/7/2020. (ejdlc3S, COURT STAFF) (Filed on 5/7/2020)
May 6, 2020 Opinion or Order Filing 27 STIPULATION WITH PROPOSED ORDER re #26 Order on Stipulation JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAY 28, 2020 AND ALL RELATED DATES filed by Ford Motor Company, Keller Ford Lincoln. (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Harlow, Charles) (Filed on 5/6/2020)
March 18, 2020 Opinion or Order Filing 26 Order granting #25 Stipulation. Case Management Statement due by 5/14/2020. Initial Case Management Conference set for 5/28/2020 10:00 AM. Signed by Judge Edward J. Davila on 3/18/2020. (ejdlc3S, COURT STAFF) (Filed on 3/18/2020)
March 18, 2020 Opinion or Order Filing 25 STIPULATION WITH PROPOSED ORDER re #23 Order,, Set Deadlines/Hearings, [JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR APRIL 2, 2020] filed by Ford Motor Company, Keller Ford Lincoln. (Attachments: #1 Declaration of Charles F. Harlow, #2 Proposed Order)(Harlow, Charles) (Filed on 3/18/2020)
October 30, 2019 Opinion or Order Filing 24 NOTICE of Appearance by Jacob William Cutler (Cutler, Jacob) (Filed on 10/30/2019)
October 30, 2019 Opinion or Order Filing 23 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/23/2020. Initial Case Management Conference set for 4/2/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. Signed by Judge Edward J. Davila on 10/30/2019. (amkS, COURT STAFF) (Filed on 10/30/2019)
October 29, 2019 Opinion or Order Filing 22 Order Granting #21 Stipulation to Continue CMC Signed by Judge Edward J. Davila on 10/29/2019. The CMC is continued until 1/30/2020 at 10:00 a.m. Joint Case Management Statement due 1/21/2020.(ejdlc1S, COURT STAFF) (Filed on 10/29/2019)
October 29, 2019 Opinion or Order Filing 21 STIPULATION WITH PROPOSED ORDER re 13 Clerk's Notice,, Set Motion and Deadlines/Hearings, [JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOVEMBER 7, 2019 AT 10:00 A.M.] filed by Ford Motor Company, Keller Ford Lincoln. (Attachments: #1 Declaration, #2 Proposed Order)(Harlow, Charles) (Filed on 10/29/2019)
October 28, 2019 Opinion or Order Filing 20 NOTICE of Appearance by Jacob William Cutler (Cutler, Jacob) (Filed on 10/28/2019)
October 28, 2019 Opinion or Order Filing 19 NOTICE of Appearance by Daniel Chung-Kwang Tai (Tai, Daniel) (Filed on 10/28/2019)
October 25, 2019 Opinion or Order Filing 18 ORDER Granting #17 Application for Admission of Attorney Pro Hac Vice for John Isaac Southerland, Counsel for Ford Motor Company. Signed by Judge Edward J. Davila on 10/25/2019. (amkS, COURT STAFF) (Filed on 10/25/2019)
October 25, 2019 Opinion or Order Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13825124.) filed by Ford Motor Company. (Attachments: #1 Certificate of Good Standing)(Southerland, John) (Filed on 10/25/2019)
October 21, 2019 Opinion or Order Filing 16 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Harlow, Charles) (Filed on 10/21/2019)
October 21, 2019 Opinion or Order Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nguyen, Anh) (Filed on 10/21/2019)
September 23, 2019 Opinion or Order Filing 14 ASSOCIATION of Counsel Taylor Anderson LLP and Elizabeth McNulty as co-counsel for Defendant Ford Motor Company by Ford Motor Company. (Harlow, Charles) (Filed on 9/23/2019)
July 26, 2019 Opinion or Order Filing 13 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 10/28/2019. Initial Case Management Conference set for 11/7/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.).(tshS, COURT STAFF) (Filed on 7/26/2019)
July 25, 2019 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. e Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 7/25/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/25/2019)
July 25, 2019 Opinion or Order 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. (dmcS, COURT STAFF) (Filed on 7/25/2019)
July 25, 2019 Opinion or Order Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Philip Zwerling.. (Nguyen, Anh) (Filed on 7/25/2019)
July 17, 2019 Opinion or Order Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiff 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: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/24/2019. (dmcS, COURT STAFF) (Filed on 7/17/2019)
July 9, 2019 Opinion or Order Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff Philip Zwerling 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: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/16/2019. (dmcS, COURT STAFF) (Filed on 7/9/2019)
June 26, 2019 Opinion or Order Filing 7 NOTICE of Appearance by Anh X Nguyen for Plaintiff Philip Zwerling (Nguyen, Anh) (Filed on 6/26/2019)
June 25, 2019 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company.. (Harlow, Charles) (Filed on 6/25/2019)
June 24, 2019 Opinion or Order Filing 1 ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (cv, COURT STAFF) (Filed on 6/25/2019) Modified on 6/25/2019 (cv, COURT STAFF).
June 24, 2019 Opinion or Order Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/17/2019. Initial Case Management Conference set for 9/24/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (bwS, COURT STAFF) (Filed on 6/24/2019)
June 24, 2019 Opinion or Order Filing 4 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. 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 7/8/2019. (jmlS, COURT STAFF) (Filed on 6/24/2019)
June 21, 2019 Opinion or Order Filing 3 Certificate of Interested Entities by Keller Ford Lincoln identifying Other Affiliate Keller Ford Lincoln for Keller Ford Lincoln. re 1 Notice of Removal,, (Harlow, Charles) (Filed on 6/21/2019)
June 21, 2019 Opinion or Order Filing 2 Certificate of Interested Entities by Ford Motor Company identifying Other Affiliate State Street Corporation, Other Affiliate Evercore Trust Company, N.A., Other Affiliate The Vanguard Group, Other Affiliate Black Rock, Inc. for Ford Motor Company. re 1 Notice of Removal,, (Harlow, Charles) (Filed on 6/21/2019)
June 21, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL from Superior Court of California, Santa Clara County. Their case number is 19CV347774. (Filing fee $400 receipt number 0971-13459160). Filed byKeller Ford Lincoln, Ford Motor Company. (Attachments: #1 Exhibit A-Ntc of Service of Process, #2 Exhibit B-Original Complaint, #3 Exhibit C-Superior Court Summons, #4 Exhibit D-Answer OBO Ford, #5 Exhibit E-Answer OBO Keller Ford Lincoln, #6 Exhibit F-MSRP Page, #7 Exhibit G-Ford's 2017 10-K Filing Excerpt, #8 Civil Cover Sheet, #9 Declaration of Counsel ISO Removal)(Harlow, Charles) (Filed on 6/21/2019)

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Search for this case: Zwerling v. Ford Motor Company et al
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Defendant: Ford Motor Company
Represented By: Charles Frederick Harlow, Jr.
Represented By: Stephen H. Dye
Represented By: John Isaac Southerland
Represented By: Elizabeth Vanis McNulty
Represented By: Spencer Peter Hugret
Represented By: Hailey Marie Rogerson
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Defendant: Does 1 through 10, inclusive
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Defendant: Keller Ford Lincoln
Represented By: Charles Frederick Harlow, Jr.
Represented By: Stephen H. Dye
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Plaintiff: Philip Zwerling
Represented By: Anh X Nguyen
Represented By: Tionna Grace Dolin
Represented By: Christine J Haw
Represented By: Daniel Chung-Kwang Tai
Represented By: Dara Tabesh
Represented By: Gregory Sogoyan
Represented By: Jacob William Cutler
Represented By: Kareem Shereef Aref
Represented By: Nadine Alsaadi
Represented By: Neal Sundeep Butala
Represented By: Payam Shahian
Represented By: Karin Kuemerle
Represented By: Mani Arabi
Represented By: Ariel S. Harman-Holmes
Represented By: Michael Lion Tracy
Represented By: Elizabeth Ann LaRocque
Represented By: Christopher James Campbell
Represented By: Rabiya F. Tirmizi
Represented By: Tionna Carvalho
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