Chen v. General Motors LLC
| Yung Kan Chen |
| General Motors LLC |
| 5:2023cv06509 |
| December 18, 2023 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| P Casey Pitts |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 CLERK'S NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss #9 before Judge P. Casey Pitts previously noticed for February 1, 2024 at 10:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The February 1, 2024 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.) (nmc, COURT USER) (Filed on 1/31/2024) |
| Filing 20 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss //Notice of Motion and Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim ) filed byYung Kan Chen. (Marden, Ryan) (Filed on 1/10/2024) |
| Filing 19 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/14/2024. Initial Case Management Conference previously set for 3/21/2024 is reset for 3/28/2024 at 01:00 PM 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 1/5/2024) |
| Filing 18 REPLY (re #9 MOTION to Dismiss //Notice of Motion and Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim ) filed byGeneral Motors LLC. (Park, Steven) (Filed on 1/4/2024) |
| Filing 17 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss //Notice of Motion and Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim ) filed byYung Kan Chen. (Marden, Ryan) (Filed on 1/4/2024) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Yung Kan Chen.. (Marden, Ryan) (Filed on 1/3/2024) |
| #Electronic filing error. Incorrect event used. The correct event is 'Re-notice Motion'. Filer is reminded NOT to use the Motion category when re-noticing a motion. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #15 Amended MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim filed by General Motors LLC. (mcl, COURT STAFF) (Filed on 12/28/2023) |
| Filing 15 Amended Notice of Motion and Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim filed by General Motors LLC. Motion to Dismiss Hearing set for 2/1/2024 10:00 AM in San Jose, Courtroom 8, 4th Floor. (Park, Steven) (Filed on 12/27/2023) Modified on 12/28/2023 (mcl, COURT STAFF). |
| Filing 14 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 3/7/2024. Initial Case Management Conference set for 3/21/2024 at 01:00 PM 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 12/27/2023) |
Filing 13
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 Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 12/26/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 12/27/2023)
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| Filing 12 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 12/26/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Motors LLC.. (Park, Steven) (Filed on 12/22/2023) |
| Filing 10 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to 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 12/29/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/21/2023) |
| Filing 9 MOTION to Dismiss //Notice of Motion and Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim filed by General Motors LLC. Motion to Dismiss Hearing set for 1/31/2024 11:00 AM in San Jose, Courtroom 5, 4th Floor. Responses due by 1/4/2024. Replies due by 1/11/2024. (Attachments: #1 Exhibit A to Notice of Motion and Motion to Dismiss Plaintiff's Complaint, #2 Proposed Order Granting Motion to Dismiss Plaintiff's Complaint, #3 Request for Judicial Notice in Support of Motion to Dismiss Plaintiff's Complaint, #4 Proposed Order Granting Request for Judicial Notice)(Park, Steven) (Filed on 12/21/2023) |
| Filing 8 CERTIFICATE OF SERVICE re #1 Notice of Removal, #2 Corporate Disclosure Statement, by General Motors LLC (Park, Steven) (Filed on 12/20/2023) Modified on 12/20/2023 (mcl, COURT STAFF). |
| Filing 7 Corporate Disclosure Statement by General Motors LLC identifying Corporate Parent General Motors Company, Corporate Parent General Motors Holdings LLC for General Motors LLC. (Park, Steven) (Filed on 12/20/2023) |
| Filing 6 Certificate of Interested Entities by General Motors LLC identifying Corporate Parent General Motors Company, Corporate Parent General Motors Holdings LLC for General Motors LLC. (Park, Steven) (Filed on 12/20/2023) |
| #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #8 Certificate of Service filed by General Motors LLC. (mcl, COURT STAFF) (Filed on 12/20/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/13/2024. Initial Case Management Conference set for 3/20/2024 10:00 AM. (mcl, COURT STAFF) (Filed on 12/19/2023) |
| Filing 4 Case assigned to Magistrate Judge Nathanael M. Cousins. 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 1/2/2024. (kmg, COURT STAFF) (Filed on 12/19/2023) |
| Filing 3 Civil Cover Sheet by General Motors LLC . (Park, Steven) (Filed on 12/19/2023) |
| #Electronic filing error. Incorrect Civil Cover Sheet used. Please use our most recent version (10/2020) found on our website www.cand.uscourts.gov.. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Notice of Removal,,, filed by General Motors LLC (ark, COURT STAFF) (Filed on 12/19/2023) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, do not bypass the screen, enter all affiliates or corporate parents.This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #2 Certificate of Interested Entities filed by General Motors LLC. (mcl, COURT STAFF) (Filed on 12/19/2023) |
| Filing 2 Corporate Disclosure Statement by General Motors LLC (Park, Steven) (Filed on 12/18/2023) |
| Filing 1 NOTICE OF REMOVAL of Entire Case from Santa Cruz County Superior Court. Their case number is 23CV02737. (Filing fee $405 receipt number ACANDC-18949826). Filed by General Motors LLC. (Attachments: #1 copy of Complaint attached - Exhibit A to Defendant General Motors LLC's Notice of Removal of Entire Case, #2 Exhibit B to Defendant General Motors LLC's Notice of Removal of Entire Case, #3 Declaration of Timothy M. Kuhn in Support of Defendant General Motors LLC's Notice of Removal of Entire Case, #4 Exhibit A to Declaration of Timothy Kuhn, #5 Exhibit B to Declaration of Timothy Kuhn, #6 Exhibit C to Declaration of Timothy Kuhn, #7 Civil Cover Sheet)(Park, Steven) (Filed on 12/18/2023) Modified on 12/19/2023 (mcl, COURT STAFF). |
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| Plaintiff: Yung Kan Chen | |
| Represented By: | Ryan K. Marden |
| Represented By: | Neal F. Morrow, III |
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| Defendant: General Motors LLC | |
| Represented By: | Steven D. Park |
| Represented By: | John Robert Lawless, Jr. |
| Represented By: | Vincent Frank Tremonti, II |
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