Van Horn v. General Motors, LLC
Plaintiff: Stacy Winter Van Horn
Defendant: General Motors LLC, a Delaware limited liability company and General Motors, LLC
Case Number: 5:2023cv04320
Filed: August 23, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Susan van Keulen
Referring Judge: P Casey Pitts
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2023 Filing 24 OPPOSITION/RESPONSE (re #18 MOTION to Remand TO STATE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RYAN K. MARDEN ) filed byGeneral Motors, LLC. (Attachments: #1 Exhibit 1: Declaration of Peter A. Strotz in Support of Defendant's Opposition, #2 Exhibit A to Strotz Declaration, #3 Exhibit B to Strotz Declaration, #4 Exhibit 2: Declaration of Timothy M. Kuhn in Support of Defendant's Opposition, #5 Exhibit 3: Kuehl Joint Rule 26(f) Report)(Strotz, Peter) (Filed on 10/5/2023)
October 4, 2023 Filing 23 CERTIFICATION AND NOTICE OF INTERESTED PARTIES (Local Rule 7.1-1) by Stacy Winter Van Horn (Marden, Ryan) (Filed on 10/4/2023)
October 3, 2023 Filing 22 REPLY (re #11 MOTION to Dismiss for Failure to State a Claim ) Defendant General Motors LLC's Reply In Support of Motion to Dismiss filed byGeneral Motors, LLC. (Strotz, Peter) (Filed on 10/3/2023)
October 3, 2023 Filing 21 NOTICE by Stacy Winter Van Horn Certification and Notice of Interested Parties (Marden, Ryan) (Filed on 10/3/2023)
October 3, 2023 #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Please re-file in its entirety using Civil Events - Other Filings - Notices Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Re: #21 Notice (Other) filed by Stacy Winter Van Horn (ecg, COURT STAFF) (Filed on 10/3/2023)
September 26, 2023 Filing 20 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss for Failure to State a Claim ) filed byStacy Winter Van Horn. (Marden, Ryan) (Filed on 9/26/2023)
September 25, 2023 Filing 19 CLERK'S NOTICE Resetting Motion Hearing. Motion Hearing as to #11 MOTION to Dismiss and #18 MOTION to Remand set for 1/11/2024 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/25/2023)
September 21, 2023 Filing 18 MOTION to Remand TO STATE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RYAN K. MARDEN filed by Stacy Winter Van Horn. Motion Hearing set for 11/9/2023 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Responses due by 10/26/2023. Replies due by 11/2/2023. (Marden, Ryan) (Filed on 9/21/2023)
September 21, 2023 Filing 17 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/30/2023. Initial Case Management Conference set for 12/14/2023 at 01:00 PM before Judge P. Casey Pitts in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/21/2023)
September 20, 2023 Opinion or Order Filing 16 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts 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 /20/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 9/20/2023)
September 20, 2023 Filing 15 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 9/20/2023)
September 20, 2023 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stacy Winter Van Horn.. (Marden, Ryan) (Filed on 9/20/2023)
September 18, 2023 CLERK'S NOTICE terminating #7 Stipulation for Extension. Per Civil Local Rule 6-1(a), court order not required for this proposed extension. (This is a text-only entry generated by the court. There is no document associated with this entry.) (svklc1, COURT STAFF) (Filed on 9/18/2023)
September 13, 2023 Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendant(s) 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 9/20/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 9/13/2023)
September 12, 2023 Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss for Failure to State a Claimfiled by General Motors, LLC. (Attachments: #1 Proposed Order)(Related document(s) #11 ) (Strotz, Peter) (Filed on 9/12/2023) Modified on 9/13/2023 (slh, COURT STAFF).
September 12, 2023 Filing 11 MOTION to Dismiss for Failure to State a Claim filed by General Motors, LLC. Motion Hearing set for 10/24/2023 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 9/26/2023. Replies due by 10/3/2023. (Attachments: #1 Declaration of Peter A. Strotz In Support of Motion to Dismiss Plaintiff's Complaint, #2 Exhibit A to Strotz Declaration, #3 Proposed Order)(Strotz, Peter) (Filed on 9/12/2023) Modified on 9/13/2023 (slh, COURT STAFF).
September 8, 2023 Filing 10 2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) 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 9/22/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 9/8/2023)
September 6, 2023 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Motors, LLC.. (Strotz, Peter) (Filed on 9/6/2023)
August 28, 2023 Filing 8 CERTIFICATE OF SERVICE by General Motors, LLC re #7 STIPULATION WITH PROPOSED ORDER Joint Stipulation To Extend Time To Respond To Initial Complaint (McMahan, Troy) (Filed on 8/28/2023)
August 28, 2023 Filing 7 STIPULATION WITH PROPOSED ORDER re Joint Stipulation To Extend Time To Respond To Initial Complaint filed by General Motors, LLC. (Attachments: #1 Proposed Order)(McMahan, Troy) (Filed on 8/28/2023)
August 25, 2023 Filing 6 CERTIFICATE OF SERVICE by General Motors, LLC re #3 Certificate of Interested Entities, #2 Certificate of Interested Entities, #1 Notice of Removal,, 4 Case Assigned by Intake,, (McMahan, Troy) (Filed on 8/25/2023)
August 24, 2023 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 11/14/2023. Initial Case Management Conference set for 11/21/2023 at 9:30 AM in San Jose, Courtroom 6, 4th Floor. (tn, COURT STAFF) (Filed on 8/24/2023)
August 24, 2023 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/7/2023. (as, COURT STAFF) (Filed on 8/24/2023)
August 23, 2023 Filing 3 Certificate of Interested Entities by General Motors LLC, a Delaware limited liability company identifying Other Affiliate General Motors Company, Other Affiliate General Motors Holdings LLC for General Motors LLC, a Delaware limited liability company. (McMahan, Troy) (Filed on 8/23/2023)
August 23, 2023 Filing 2 Corporate Disclosure Statement by General Motors LLC, a Delaware limited liability company identifying Other Affiliate General Motors Company, Other Affiliate General Motors Holdings LLC for General Motors LLC, a Delaware limited liability company. (McMahan, Troy) (Filed on 8/23/2023)
August 23, 2023 Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California for the County of Monterey. Their case number is 23CV002353, (Filing Fee: $402.00, receipt number ACANDC-18578004). Filed by General Motors LLC, a Delaware limited liability company. (Attachments: #1 Ex. A to Notice of Removal, #2 Ex. B to Notice of Removal, #3 Declaration of Timothy M. Kuhn, #4 Ex. A to Kuhn Decl., #5 Ex. B to Kuhn Decl., #6 Ex. C to Kuhn Decl., #7 Civil Cover Sheet)(McMahan, Troy) (Filed on 8/23/2023) Modified on 8/24/2023 (tn, COURT STAFF).

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Plaintiff: Stacy Winter Van Horn
Represented By: Ryan K. Marden
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Defendant: General Motors LLC, a Delaware limited liability company
Represented By: Troy Dean McMahan
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Defendant: General Motors, LLC
Represented By: Troy Dean McMahan
Represented By: Paul R. Johnson
Represented By: Peter A. Strotz
Represented By: Peter Auguste Strotz
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