Avila v. Ford Motor Company
| Robert Avila |
| Ford Motor Company |
| 5:2022cv00542 |
| January 27, 2022 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| P Casey Pitts |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Both |
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 50 NOTICE of Appearance by Christopher James Campbell (Campbell, Christopher) (Filed on 10/12/2023) |
Filing 49
ORDER granting #48 *As Modified Third Joint Stipulation to Continue Case Schedule. Opening Reports due by 12/26/2023. Rebuttal Reports due by 1/22/2024. Close of Fact Discovery due by 2/20/2024. Close of Expert Discovery due by 3/25/2024. Dispositive Motion due by 5/8/2024. Signed by Judge P. Casey Pitts on 9/25/2023.(nmc, COURT USER) (Filed on 9/25/2023)
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| Filing 48 Third Stipulation to Continue Case Schedule filed by Robert Avila an Ford Motor Company. (Attachments: #1 Proposed Order)(Tabesh, Dara) (Filed on 9/22/2023) Modified on 9/25/2023 (anj, COURT STAFF). |
| Filing 47 JOINT CASE MANAGEMENT STATEMENT filed by Robert Avila and Ford Motor Company. (Attachments: #1 Exhibit 1)(Tabesh, Dara) (Filed on 9/11/2023) Modified on 9/12/2023 (anj, COURT STAFF). |
| Filing 46 Case Reassigned to Judge P. Casey Pitts. Judge Edward J. Davila 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. (kab, COURT STAFF) (Filed on 8/21/2023) |
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Filing 45
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable P. Casey Pitts in the San Jose Division for all further proceedings.1. All future filings shall bear the initials PCP immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Pitts by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for after November 13, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before November 13, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before September 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. 9. Judge Pitts participates in the Cameras in the Courtroom Pilot Project; hearings and trials in civil cases are thus eligible for video recording upon request and with the consent of the parties and Judge Pitts. Please see the Court's #Pilot Project webpage and # General Order 65 for more information. IT IS SO ORDERED.Dated: 08/18/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecg, COURT STAFF) (Filed on 8/18/2023)
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Filing 44
ORDER by Judge Susan van Keulen granting #43 Stipulation to Extend Time to Produce Documents. (svklc2, COURT STAFF) (Filed on 7/24/2023)
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| Filing 43 Stipulation to Extend Time to Produce Documents re #39 Order on Discovery Letter Brief Stipulation to Extend Time to Produce Documents filed by Ford Motor Company and Robert Avila. (Attachments: #1 Proposed Order)(McNulty, Elizabeth) (Filed on 7/21/2023) Modified on 7/24/2023 (anj, COURT STAFF). |
| Filing 42 STIPULATION re Correct Case Caption filed by Robert Avila and Ford Motor Company. (Arabi, Mani) (Filed on 7/21/2023) Modified on 7/24/2023 (anj, COURT STAFF). |
| Filing 41 NOTICE of Appearance by Elizabeth Ann LaRocque (LaRocque, Elizabeth) (Filed on 7/20/2023) |
| Filing 40 NOTICE by Robert Avila of withdrawal of counsel (Dolin, Tionna) (Filed on 7/20/2023) |
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Filing 39
ORDER on #38 Joint Discovery Submission. Signed by Judge Susan van Keulen on 6/30/2023. (svklc1, COURT STAFF) (Filed on 6/30/2023)
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| Filing 38 Joint Discovery Letter Brief re Determination of Discovery Dispute as to Plaintiff's Motion to Compel Further Responses to Requests for Production of Documents, Set One filed by Robert Avila and Ford Motor Company. (Attachments: #1 Exhibit A to Joint Statement, #2 Exhibit B to Joint Statement, #3 Exhibit C to Joint Statement, #4 Exhibit D to Joint Statement, #5 Proposed Order by Ford, #6 Proposed Order by Plaintiff)(Tabesh, Dara) (Filed on 6/21/2023) Modified on 6/22/2023 (anj, COURT STAFF). |
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Filing 37
ORDER Granting *As Modified* #36 Stipulation to Modify Case Schedule. Signed by Judge Edward J. Davila on 5/19/2023. (crr, COURT STAFF) (Filed on 5/19/2023)
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| Filing 36 Second Joint Stipulation to Continue Case Schedule with Proposed Order filed by Robert Avila and Ford Motor Company. (Attachments: #1 Proposed Order)(Tabesh, Dara) (Filed on 5/12/2023) Modified on 5/15/2023 (anj, COURT STAFF). |
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Filing 35
ORDER Granting #34 Motion to Substitute Attorney. Signed by Judge Edward J. Davila on 3/14/2023. Added attorney Elizabeth Vanis McNulty for Ford Motor Company. Attorney Harry Paul Efstratis terminated. (crr, COURT STAFF) (Filed on 3/14/2023)
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| Filing 34 MOTION for Substitution of Counsel by Harry Paul Efstratis (Efstratis, Harry) (Filed on 3/14/2023) Modified on 3/14/2023 (crr, COURT STAFF). |
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Filing 33
ORDER MODIFYING CASE SCHEDULE. Signed by Judge Edward J. Davila on 12/29/2022. (crr, COURT STAFF) (Filed on 12/29/2022)
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| Filing 32 Corrected Stipulation to Continue Case Schedule (Corrected version replacing Docket No. 31) filed by Robert Avila and Ford Motor Company. (Attachments: #1 Proposed Order)(Tabesh, Dara) (Filed on 12/29/2022) Modified on 12/29/2022 (anj, COURT STAFF). |
| Filing 31 Disregard see corrected filing at docket no #32 - Stipulation to Continue Case Schedule filed by Robert Avila and Ford Motor Company. (Attachments: #1 Proposed Order)(Tabesh, Dara) (Filed on 12/29/2022) Modified on 12/29/2022 (anj, COURT STAFF). |
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Filing 30
ORDER Granting #28 Motion for Pro Hac Vice as to Jodi Schebel. Signed by Judge Edward J. Davila on 12/1/2022. (crr, COURT STAFF) (Filed on 12/1/2022)
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| Filing 29 NOTICE of Appearance by Harry Paul Efstratis (Efstratis, Harry) (Filed on 12/1/2022) |
| Filing 28 MOTION for leave to appear in Pro Hac Vice Jodi Munn Schebel ( Filing fee $ 317, receipt number ACANDC-17769205.) filed by Ford Motor Company. (Schebel, Jodi) (Filed on 11/30/2022) |
| #Electronic filing error. REMINDER: Counsel must update personal profile for change of contact information to be in effect.Re: #27 Notice of Change of Address filed by Ford Motor Company (anj, COURT STAFF) (Filed on 10/19/2022) |
| Filing 27 NOTICE of Change of Address by Harry Paul Efstratis (Efstratis, Harry) (Filed on 10/18/2022) |
| Filing 26 NOTICE of Appearance by Mani Arabi (Arabi, Mani) (Filed on 7/22/2022) |
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Filing 25
ORDER granting ***as modified by the Court*** #24 Stipulated Protective Order. Signed by Judge Susan van Keulen on 7/20/2022. (svklc1, COURT STAFF) (Filed on 7/20/2022)
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| Filing 24 Stipulated Protective Order for standard litigation filed by Robert Avila and Ford Motor Company. (Dolin, Tionna) (Filed on 7/19/2022) Modified on 7/20/2022 (anj, COURT STAFF). |
| Filing 23 NOTICE by Robert Avila of Disassociation of Counsel for Plaintiff (Dolin, Tionna) (Filed on 6/22/2022) |
| #Electronic filing error. REMINDER: Counsel must update personal profile in ECF, contact information does not match document. [err102] Re: #22 Notice of Appearance filed by Robert Avila (kkp, COURT STAFF) (Filed on 5/5/2022) |
| Set Deadlines/Hearings: Amended Pleadings due by 11/1/2022. Close of Expert Discovery due by 5/1/2023. Close of Fact Discovery due by 3/30/2023. Dispositive Motion due by 7/6/2023. Opening Reports due by 1/30/2023. Rebuttal Reports due by 2/27/2023. Pretrial Conference set for 2/23/2023 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Trial Setting Conference Statement due by 2/13/2023. (crr, COURT STAFF) (Filed on 5/5/2022) |
| Filing 22 NOTICE of Appearance by Payam Shahian (Shahian, Payam) (Filed on 5/4/2022) |
| Filing 21 Declaration of Nadine Alsaadi In Support of Plaintiff's Filing of His Portion Of the Joint Case Management Statement filed by Robert Avila. (Alsaadi, Nadine) (Filed on 5/3/2022) Modified on 5/4/2022 (jml, COURT STAFF). |
| Filing 20 NOTICE of Appearance by Nadine Alsaadi (Alsaadi, Nadine) (Filed on 5/3/2022) |
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Filing 19
CASE MANAGEMENT ORDER. The 5/12/2022 Initial Case Management Conference is VACATED. Signed by Judge Edward J. Davila on 5/3/2022. (ejdlc1, COURT STAFF) (Filed on 5/3/2022)
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| Filing 18 REPORT of Rule 26(f) Planning Meeting . (Moe, Kelsey) (Filed on 5/2/2022) |
| Filing 17 NOTICE of Appearance by Ariel S. Harman-Holmes (Harman-Holmes, Ariel) (Filed on 4/26/2022) |
| Filing 16 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Harman-Holmes, Ariel) (Filed on 4/25/2022) |
| Filing 15 NOTICE of Appearance by Ariel S. Harman-Holmes (Harman-Holmes, Ariel) (Filed on 4/25/2022) |
| Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Moe, Kelsey) (Filed on 4/25/2022) |
| Filing 13 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 4/22/2022) |
| Filing 12 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 5/12/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 5/2/2022. 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 entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/9/2022) |
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Filing 11
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. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 2/9/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 2/9/2022)
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| Filing 10 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. (jhf, COURT STAFF) (Filed on 2/9/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robert Avila.. (Kuemerle, Karin) (Filed on 2/8/2022) |
| Filing 8 NOTICE of Appearance by Kelsey J. Moe (Moe, Kelsey) (Filed on 2/4/2022) |
| Filing 7 NOTICE of Lodging Answer of Defendant Ford Motor Company to Plaintiff's Unverified Complaint by Ford Motor Company (Moe, Kelsey) (Filed on 2/4/2022) Modified on 2/7/2022 (jml, COURT STAFF). |
| Filing 6 NOTICE of Appearance by Karin Kuemerle (Kuemerle, Karin) (Filed on 1/28/2022) |
| Filing 5 CERTIFICATE OF SERVICE by Ford Motor Company re 2 Case Assigned by Intake,, (Won, Jonathan) (Filed on 1/27/2022) |
| Filing 4 Certificate of Interested Entities by Ford Motor Company identifying Other Affiliate State Street Corporation and certain of its affiliates (State Street Corporation is the parent of State Street Bank and Trust Company, which is the trustee for Ford common stock in the Ford defined co, Other Affiliate BlackRock, Inc. and certain of its affiliates, Other Affiliate The Vanguard Group and certain of its affiliates for Ford Motor Company. (Won, Jonathan) (Filed on 1/27/2022) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/26/2022. Initial Case Management Conference set for 5/3/2022 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 1/27/2022) |
| Filing 2 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/10/2022. (anj, COURT STAFF) (Filed on 1/27/2022) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 21CV387233. (Filing fee $402 receipt number ACANDC-16845515). Filed byFord Motor Company. (Attachments: #1 Certificate/Proof of Service, #2 Declaration of H. Paul Efstratis, #3 Declaration of Jonathan Won, #4 Civil Cover Sheet)(Won, Jonathan) (Filed on 1/27/2022) |
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