Herrera et al v. Ford Motor Company et al
| Sharleen Renee Herrera and Albert Huerta |
| Ford Motor Company and Does 1 through 10, inclusive |
| 5:2020cv00395 |
| January 20, 2020 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Lucy H Koh |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE of Appearance by Christopher James Campbell (Campbell, Christopher) (Filed on 10/12/2023) |
Filing 39
Order by Judge Lucy H. Koh granting #38 Stipulation to Dismiss Case with Prejudice. (lhklc3, COURT STAFF) (Filed on 4/22/2021)
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| Filing 38 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO DISMISS THIS CASE WITH PREJUDICE PER FRCP RULE 41(A)(1)(A)(ii) filed by Ford Motor Company. (Attachments: #1 Proposed Order)(May, Richard) (Filed on 4/21/2021) |
| Filing 37 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Pursuant to this notice, the Further Case Management Conference is CONTINUED from February 24, 2021 to April 28, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California before Judge Lucy H. Koh. A Joint Case Management Statement is due April 21, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 2/22/2021) |
| Filing 36 Joint Statement by Sharleen Renee Herrera, Albert Huerta. (Nguyen, Anh) (Filed on 2/19/2021) Modified text on 2/19/2021 (dhmS, COURT STAFF). |
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Filing 35
Order to File Joint Case Management Statement. Signed by Judge Lucy H. Koh on 2/18/2021. (lhklc3, COURT STAFF) (Filed on 2/18/2021)
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Filing 34
Order Denying #33 Parties' Request to Vacate Case Deadlines. Furthermore, the Court continues the December 2, 2020 case management conference to February 24, 2021. Signed by Judge Lucy H. Koh on 11/25/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc3, COURT STAFF) (Filed on 11/25/2020)
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| ***Set Deadlines/Hearings per ECF No. 34: Further Case Management Conference CONTINUED from 12/2/2020 to 2/24/2021 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 2/17/2021. (kedS, COURT STAFF) (Filed on 11/25/2020) |
| Filing 33 STATUS REPORT Joint Notice of Settlement by Ford Motor Company. (May, Richard) (Filed on 11/23/2020) |
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Filing 32
Case Management Order. Signed by Judge Lucy H. Koh on 8/31/2020. (lhklc3, COURT STAFF) (Filed on 8/31/2020)
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| ***Set/Reset Hearings per #32 Case Management Order:Further Case Management Conference set for December 2, 2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh.Hearing on Dispositive Motions set for July 8, 2021 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh.Final Pretrial Conference set for September 9, 2021 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh.Jury/Bench Trial (4 days) set for October 4, 2021 at 9:00 AM each day in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (lhklc3, COURT STAFF) (Filed on 8/31/2020) |
| Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Ford Motor Company. (May, Richard) (Filed on 8/28/2020) |
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Filing 30
Order to File JCMS and Denying #28 Stipulation by Judge Lucy H. Koh. (lhklc3, COURT STAFF) (Filed on 8/27/2020)
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Filing 29
Order Dismissing Second and Third Causes of Action with Prejudice. Signed by Judge Lucy H. Koh on 8/27/2020. (lhklc3, COURT STAFF) (Filed on 8/27/2020)
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| Filing 28 STIPULATION WITH PROPOSED ORDER TO FURTHER CONTINUE INITIAL CASE MANAGEMENT CONFERENCE SET FOR SEPTEMBER 2, 2020 filed by Sharleen Renee Herrera, Albert Huerta. (Attachments: #1 Proposed Order)(Nguyen, Anh) (Filed on 8/27/2020) |
| ***Set Deadlines/Hearings per #27 Order: Initial Case Management Conference CONTINUED from 7/1/2020 to 9/2/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 8/26/2020. (kedS, COURT STAFF) (Filed on 6/29/2020) |
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Filing 27
Order by Judge Lucy H. Koh Granting #26 Stipulation.(lhklc3, COURT STAFF) (Filed on 6/26/2020)
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| Filing 26 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Further Continue Initial Case Management Conference Set for July 1, 2020 filed by Sharleen Renee Herrera, Albert Huerta. (Attachments: #1 Proposed Order)(Nguyen, Anh) (Filed on 6/25/2020) |
| Filing 25 NOTICE of Appearance by Anh X Nguyen (Nguyen, Anh) (Filed on 6/25/2020) |
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Filing 24
Order to File JCMS. Signed by Judge Lucy H. Koh on 6/25/20. (lhklc3, COURT STAFF) (Filed on 6/25/2020)
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Filing 23
Order by Judge Lucy H. Koh Denying as Moot #8 Motion to Dismiss; Granting in Part and Denying in Part #13 Motion to Dismiss. (lhklc3, COURT STAFF) (Filed on 6/24/2020)
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| Filing 22 **CLERK'S NOTICE** VACATING June 25, 2020 Hearing on #13 Motion to Dismiss. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 5/28/2020) |
| Set Deadlines/Hearings per #21 Order: Initial Case Management Conference CONTINUED from 5/6/2020 to 7/1/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 6/24/2020. (kedS, COURT STAFF) (Filed on 5/1/2020) |
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Filing 21
Order by Judge Lucy H. Koh Granting #20 Stipulation.(lhklc3, COURT STAFF) (Filed on 4/30/2020)
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| Filing 20 STIPULATION WITH PROPOSED ORDER re 11 Clerk's Notice,,,, Set Motion and Deadlines/Hearings,,, JOINT STIPULATION TO FURTHER CONTINUE INITIAL CASE MANAGEMENT CONFERENCE SET FOR MAY 6, 2020 filed by Ford Motor Company. (Attachments: #1 Proposed Order)(May, Richard) (Filed on 4/24/2020) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Aziz, Cinela) (Filed on 4/16/2020) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (May, Richard) (Filed on 4/16/2020) |
| Filing 17 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/16/2020) |
| Filing 16 REPLY MEMORANUDM in Support of ( #13 NOTICE OF AND MOTION TO DISMISS THE FIRST FOUR CAUSES OF ACTION OF PLAINTIFFS FIRST AMENDED COMPLAINT ) filed by Ford Motor Company. (May, Richard) (Filed on 4/7/2020) Modified text on 4/8/2020 (dhmS, COURT STAFF). |
| Filing 15 OPPOSITION/RESPONSE (re #13 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS THE FIRST FOUR CAUSES OF ACTION OF PLAINTIFFS FIRST AMENDED COMPLAINT BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] ) filed bySharleen Renee Herrera, Albert Huerta. (Aziz, Cinela) (Filed on 3/30/2020) |
| Filing 14 **CLERK'S NOTICE** Hearing on #13 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS THE FIRST FOUR CAUSES OF ACTION OF PLAINTIFFS FIRST AMENDED COMPLAINT BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] is CONTINUED from 4/30/2020 to 6/25/2020 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before the Honorable Lucy H. Koh. Please see the Honorable Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.). (kedS, COURT STAFF) (Filed on 3/18/2020) |
| Filing 13 MOTION to Dismiss [NOTICE OF AND MOTION TO DISMISS THE FIRST FOUR CAUSES OF ACTION OF PLAINTIFFS FIRST AMENDED COMPLAINT BY DEFENDANT FORD MOTOR COMPANY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] filed by Ford Motor Company. Motion Hearing set for 4/30/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 3/31/2020. Replies due by 4/7/2020. (Dye, Stephen) (Filed on 3/17/2020) |
| Set Hearing on #8 MOTION to Dismiss for 6/25/2020 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh, which was erroneously removed from the Court calendar. (kedS, COURT STAFF) (Filed on 3/5/2020) |
| #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re:[1 2] Amended Complaint, filed by Albert Huerta, Sharleen Renee Herrera (dhmS, COURT STAFF) (Filed on 3/4/2020) |
| Filing 12 FIRST AMENDED COMPLAINT against Ford Motor Company . Filed by Sharleen Renee Herrera, Albert Huerta. (Dolin, Tionna) (Filed on 3/3/2020) Modified on 3/4/2020 correcting text to show that amended complaint is filed against Ford Motor company. (dhmS, COURT STAFF). |
| Vacate Motion To Dismiss Hearing before Judge van Keulen. (jhfS, COURT STAFF) (Filed on 2/27/2020) |
| Filing 11 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for May 6, 2020 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). Hearing on #8 MOTION to Dismiss is set for June 25, 2020 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 2/20/2020) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh and Magistrate Judge Susan van Keulen 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. (Attachments: #1 Notice of Eligibility for Video Recording)(cv, COURT STAFF) (Filed on 2/19/2020)
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| 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. (jhfS, COURT STAFF) (Filed on 2/19/2020) |
| Filing 8 MOTION to Dismiss filed by Ford Motor Company. Motion Hearing set for 3/24/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 3/3/2020. Replies due by 3/10/2020. (May, Richard) (Filed on 2/18/2020) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company.. (May, Richard) (Filed on 2/18/2020) |
| Filing 6 NOTICE of Appearance by Cinela Aziz (Aziz, Cinela) (Filed on 1/27/2020) |
| Filing 5 Summons Issued as to Ford Motor Company. (cv, COURT STAFF) (Filed on 1/23/2020) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/21/2020. Initial Case Management Conference set for 4/28/2020 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 1/23/2020) |
| Filing 3 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 2/6/2020. (haS, COURT STAFF) (Filed on 1/23/2020) |
| Filing 2 Proposed Summons. (Dolin, Tionna) (Filed on 1/20/2020) |
| Filing 1 COMPLAINT against Does 1 through 10, inclusive, Ford Motor Company ( Filing fee $ 400, receipt number 0971-14086424.). Filed bySharleen Renee Herrera, Albert Huerta. (Attachments: #1 Civil Cover Sheet, #2 Certification of Interested Entities or Persons on Behalf of Plaintiffs)(Dolin, Tionna) (Filed on 1/20/2020) |
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