RUSSO v. FUTURE MOTION, INC. et al
| STEPHEN RUSSO |
| Future Motion, Inc., ABC CORP 1-10, DEF CORP 1-10, ABC MANUFACTURER 1-10 and DEF SELLER 1-10 |
| 5:2023cv06388 |
| December 11, 2023 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 Case transferred in from District of New Jersey; Case Number 2:22-cv-04383. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED MDL 3087: District of New Jersey, 2:22-cv-04383, RUSSO v. FUTURE MOTION, INC. et al, Opened in California Northern District as 5:23-cv-06388-BLF pursuant to Transfer Order cc: JPMDL (krp, COURT STAFF) (Filed on 12/12/2023) |
Filing 39
Order of MDL Panel transferring case to the District of Northern District of California. (krg)
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Filing 38
ORDER granting #28 Defendants' Motion to Stay. This matter shall be STAYED pending the outcome of the JPML's decision on the Movants' motion to transfer. The upcoming 12/5/2023 settlement conference is adjourned pending the JPML's decision. Counsel shall file, within seven (7) days of any decision by the JPML, a joint status letter detailing the status of this litigation and whether the stay should be lifted. Signed by Magistrate Judge Michael A. Hammer on 11/8/2023. (dam)
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| Filing 37 Letter from Kelly Jones Howell re #28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation. (Attachments: #1 Exhibit A-Order Granting Motion to Stay and for Protective Order, #2 Exhibit B-Order Granting Motion to Stay)(HOWELL, KELLY) |
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Filing 36
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 10/16/2023. (dam)
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| Filing 35 Letter from Plaintiff Stephen Russo. (PEACE, MELISSA) |
| Filing 34 MEMORANDUM in Support filed by FUTURE MOTION, INC. re #28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation (Attachments: #1 Declaration Supplemental of Tammy M. Reno)(HOWELL, KELLY) |
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Filing 33
TEXT ORDER: The Court has reviewed Plaintiff's October 9, 2023 and Defendant's October 9, 2023 correspondence. The Court is not satisfied that the parties have adequately met and conferred in order to discuss an amended scheduling order for the completion of fact discovery and expert depositions. Accordingly, counsel are directed to immediately resume their meet and confer efforts. Although the Court is conceptually amenable to a modest extension of the deadlines, in the first instance counsel should discuss any such extensions and propose same to the Court. On or before October 16, 2023, the parties will file a joint status report and any jointly proposed amended scheduling order. So Ordered by Magistrate Judge Michael A. Hammer on 10/10/2023. (Hammer, Michael)
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| Filing 32 Letter from Kelly Jones Howell re #31 Letter. (HOWELL, KELLY) |
| Filing 31 Letter from Plaintiff Stephen Russo. (PEACE, MELISSA) |
| NOTICE: MOTION TO TRANSFER TO THE MIDDLE DISTRICT OF FLORIDA HAS BEEN FILED WITH THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION IN RE: FUTURE MOTION (krg) |
| Filing 30 MEMORANDUM in Opposition filed by STEPHEN RUSSO re #28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation (PEACE, MELISSA) |
| CLERK'S QUALITY CONTROL MESSAGE - The #29 Memorandum in Opposition submitted by MELISSA PEACE on 9/29/2023 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.). This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Filing 29 MEMORANDUM in Opposition filed by STEPHEN RUSSO re #28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation (Attachments: #1 Exhibits A to C, #2 Proof of Service) (PEACE, MELISSA) Modified on 10/2/2023 (dam). |
| Filing 28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation by FUTURE MOTION, INC.. (Attachments: #1 Declaration of Tammy M. Reno, #2 Exhibit A-Letter, #3 Exhibit B-e-mail, #4 Exhibit C-Future Motion's Motion to Transfer, #5 Exhibit D-Notification of Docket Entry, #6 Text of Proposed Order)(HOWELL, KELLY) |
| Set Deadlines as to #28 MOTION to Stay Proceedings Pending Transfer Decision by the Judicial Panel on Multi-District Litigation. Motion set for 10/16/2023 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) |
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Filing 27
TEXT ORDER: The Court has reviewed Defendant's July 12, 2023 request to convert the in-person settlement conference to a remote conference [D.E. 26]. The request is granted, and the conference shall proceed remotely. The parties are advised, however, that (1) client representatives must appear on the conference at all times, and (2) the Court may convene a subsequent, in-person settlement conference if it deems it appropriate at the conclusion of the December 5th conference. The Court will provide the parties the Zoom link for the December 5th conference in advance of that date. So Ordered by Magistrate Judge Michael A. Hammer on 7/13/2023. (Hammer, Michael)
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| Filing 26 Letter from Andre Major, to Magistrate Judge Michael A. Hammer, respectfully requests December 5, 2023 in-person Settlement Conference be converted to a virtual conference.. (MAJOR, ANDRE) |
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Filing 25
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 7/11/2023. (dam)
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 7/11/2023. (jqb, ) |
| Pro Hac Vice counsel, TAMMY RENO, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dam) |
| Filing 24 Notice of Request by Pro Hac Vice Tammy Reno to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14365405.) (HOWELL, KELLY) |
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Filing 23
TEXT ORDER: In light of the Amended Scheduling Order entered on May 26, 2023 (D.E. 20), the telephone status conference scheduled for June 9, 2023 shall now be held on July 11, 2023, at 10:30 a.m. The parties shall dial 1-888-684-8852 and enter access code 1456817# to join the call. So Ordered by Magistrate Judge Michael A. Hammer on 6/2/23. (tad)
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Filing 22
ORDER granting #21 Defendant's Motion for Leave to Appear Pro Hac Vice as to TAMMY M. RENO. Signed by Magistrate Judge Michael A. Hammer on 6/1/2023. (dam)
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice by FUTURE MOTION, INC.. (Attachments: #1 Declaration of Kelly J. Howell, #2 Declaration of Tammy M. Reno, #3 Text of Proposed Order)(HOWELL, KELLY) |
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Filing 20
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 5/26/2023. (jd, )
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| Filing 19 Letter from Kelly Jones Howell to Magistrate Judge Michael A. Hammer, Joint Letter from parties to respectfully request that all remaining discovery deadlines be extended.. (HOWELL, KELLY) |
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Filing 18
TEXT ORDER: As discussed during today's conference, the next telephone status conference in this matter shall be held on June 9, 2023, at 11:00 a.m. Counsel shall dial 1-888-684-8852 and access code 1456817# to join the call. So Ordered by Magistrate Judge Michael A. Hammer on 4/6/23. (tad)
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 4/6/2023. (jqb, ) |
| Filing 17 NOTICE of Appearance by MELISSA ANN PEACE on behalf of STEPHEN RUSSO (PEACE, MELISSA) Modified on 3/29/2023 (dam). |
| CLERK'S QUALITY CONTROL MESSAGE - The #16 Notice of Appearance electronically filed by Attorney Rosemarie Arnold on 3/27/2023 appears to be a Notice of Appearance for Attorney Melissa Peace Tomaino. If this document was attached in error, please submit the correct document. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Filing 16 NOTICE of Appearance by ROSEMARIE ARNOLD on behalf of STEPHEN RUSSO (ARNOLD, ROSEMARIE) |
| Pro Hac Vice counsel, BRANDIE L. MORGENROTH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dam) |
| Filing 15 Notice of Request by Pro Hac Vice Brandie L. Morgenroth to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14195472.) (HOWELL, KELLY) |
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Filing 14
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 3/24/2023. (dam)
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| Filing 13 Letter from Kelly Jones Howell re #6 Joint Discovery Plan. (HOWELL, KELLY) |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 1/6/2023. (jqb, ) |
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Filing 12
STIPULATION and PROTECTIVE ORDER regarding Confidential and Highly Confidential Designations. Signed by Magistrate Judge Michael A. Hammer on 1/6/2023. (dam)
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Filing 11
TEXT ORDER: As discussed during today's conference, there shall be a telephone status conference before the Undersigned on April 6, 2023, at 12:00 p.m. The parties shall dial 1-888-684-8852 and access code 1456817# to join the call. So Ordered by Magistrate Judge Michael A. Hammer on 1/6/23. (tad)
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| Filing 10 STIPULATION and Protective Order by FUTURE MOTION, INC.. (HOWELL, KELLY) |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 8/25/2022. (jqb, ) |
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Filing 9
PRETRIAL SCHEDULING ORDER that there shall be a Telephone Status Conference on 1/6/2023 at 2:00 PM before Magistrate Judge Michael A. Hammer. Any motion to add new parties or Amend Pleadings due by 3/1/2023. Fact Discovery due by 4/4/2023. Signed by Magistrate Judge Michael A. Hammer on 8/25/2022. (dam)
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Filing 8
ORDER granting #7 Defendant's Motion for Leave to Appear Pro Hac Vice as to BRANDIE L. MORGENROTH. Signed by Magistrate Judge Michael A. Hammer on 8/25/2022. (dam)
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| Set Deadlines as to #7 MOTION for Leave to Appear Pro Hac Vice. Motion set for 9/19/2022 before Magistrate Judge Michael A. Hammer. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice by FUTURE MOTION, INC.. (Attachments: #1 Declaration of Kelly Jones Howell, #2 Declaration of Brandie L. Morgenroth, #3 Text of Proposed Order)(HOWELL, KELLY) |
| Filing 6 Joint Discovery Plan by FUTURE MOTION, INC..(HOWELL, KELLY) |
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Filing 5
TEXT ORDER: Telephone Scheduling Conference set for 8/25/2022 at 11:30 a.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. The parties shall electronically file a joint discovery plan by 8/22/2022. So Ordered by Magistrate Judge Michael A. Hammer on 7/5/2022. (jqb, )
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| Filing 4 NOTICE of Appearance by ANDRE J. MAJOR on behalf of FUTURE MOTION, INC. (MAJOR, ANDRE) |
| Filing 3 Corporate Disclosure Statement by FUTURE MOTION, INC.. (HOWELL, KELLY) |
| Filing 2 ANSWER to Complaint (Notice of Removal) by FUTURE MOTION, INC.. (HOWELL, KELLY) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of New Jersey, Bergen County, case number BER-L-2623-22. (Filing and Admin fee $ 402 receipt number ANJDC-13533139), filed by FUTURE MOTION, INC. (Attachments: #1 Declaration of Kelly Jones Howell, #2 Exhibit A-Summons and Complaint, #3 Exhibit B-Notice of Filing of Notice of Removal, #4 Civil Cover Sheet, #5 Certificate of Service)(HOWELL, KELLY) Modified on 7/5/2022 (dam). |
| CASE REFERRED to Arbitration. (ak, ) |
| Case Assigned to Judge Susan D. Wigenton and Magistrate Judge Michael A. Hammer. (ak, ) |
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