Pacheco v. Continental Tire the Americas, LLC et al
| Javier Pacheco |
| Continental Tire the Americas, LLC, Ford Motor Company and Does 1 to 20 inclusive |
| 3:2012cv00267 |
| February 1, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Michael M Anello |
| William McCurine |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 pr Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 27, 2013. A more recent docket listing may be available from PACER.
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Filing 39
ORDER Dismissing Action re: #38 Joint Motion to Dismiss. The Court hereby Dismisses this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk of Court is instructed to terminate this action. Signed by Judge Michael M. Anello on 8/27/2013. (leh) (av1).
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| Filing 38 Joint MOTION to Dismiss by Javier Pacheco (Overholt, Eric) Modified on 8/27/2013 atty contacted re: wrong event selected; modified event type and edited docket text (leh). |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Settlement Disposition Conference held on 6/28/2013. Order to issue.(CD# 6/28/2013 n/a). (Plaintiff Attorney David Hildane). (Defendant Attorney Jonathan R. Murphy, Alice Smith). (no document attached) (rab) |
| Filing 35 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Settlement Disposition Conference held on 4/19/2013. Order issued.(CD# 4/19/2013 n/a). (Plaintiff Attorney Eric M. Overhold). (Defendant Attorney Robert J. Gibson, Alice Smih). (no document attached) (rab) |
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Filing 34
ORDER Setting Further Telephonic Settlement Disposition Conference: The Court will hold this hearing set for 6/28/2013 at 9:15 AM before Magistrate Judge William McCurine Jr. Counsel for Plaintiff is ordered to initiate a joint call to the Court on day and time stated herein. Signed by Magistrate Judge William McCurine, Jr on 4/19/2013.(leh)
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Filing 33
ORDER Setting Further Telephonic Settlement Disposition Conference: The Court will hold a further telephonic conference set for 4/19/2013 at 9:15 AM. Counsel for Plaintiff is ordered to initiate a joint call to the Court. Signed by Magistrate Judge William McCurine, Jr on 2/25/2013.(leh)
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| Filing 32 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Settlement Disposition Conference held on 2/25/2013. Order to issue.(CD# 2/25/2013 n/a). (Plaintiff Attorney Eric M. Overholt). (Defendant Attorney Jonathan R. Murphy, Alice Smith). (no document attached) (rab) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Settlement Disposition Conference held on 2/6/2013. Order issued.(CD# 2/6/2013 n/a). (Plaintiff Attorney Erick M. Overholt). (Defendant Attorney Robert J. Gibson, Alice Smith). (no document attached) (rab) |
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Filing 30
ORDER Setting Further Telephonic Settlement Disposition Conference: The Court will hold a Telephonic Settlement Disposition Conference set for 2/25/2013 at 9:15 AM before Magistrate Judge William McCurine Jr. Counsel for Plaintiff is ordered to initiate a joint call to the Court. Signed by Magistrate Judge William McCurine, Jr. on 2/6/2013.(leh)(jrd)
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| Filing 29 CERTIFICATE OF SERVICE re: #27 Notice of Settlement by Javier Pacheco (Overholt, Eric) (leh). |
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Filing 28
ORDER Setting Telephonic Settlement Disposition Conference: The Court will hold a telephonic settlement disposition conference on 2/6/2013 at 9:15 AM. Counsel for Plaintiff is ordered to initiate a joint call to Court. Signed by Magistrate Judge William McCurine, Jr on 1/3/2013.(leh)
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| Filing 27 NOTICE of Settlement by Javier Pacheco (Overholt, Eric) Modified on 1/4/2013 atty contacted re: missing pos, atty to file pos(leh). |
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Filing 26
STIPULATED PROTECTIVE ORDER - Granting #22 Joint Motion for Protective Order. Signed by Magistrate Judge William McCurine, Jr. on 9/7/2012. (leh)(jrd)
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Filing 25
ORDER Continuing Mandatory Settlement Conference: The MSC is continued to 1/16/2013 at 9:30 AM before Magistrate Judge William McCurine Jr. The remaining dates and deadlines issued in the Courts August 24, 2012 Scheduling Order shall remain on-calendar as scheduled. Signed by Magistrate Judge William McCurine, Jr. on 8/31/2012.(leh)(jrd)
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Case Management Conference held on 8/24/2012. No settlement reached. Order to issue.(CD# 8/24/2012 n/a). (Plaintiff Attorney Eric M. Overhold). (Defendant Attorney Robert J. Gibson, Anthony F. Latiolait). (no document attached) (rab) |
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Filing 23
SCHEDULING ORDER: A Mandatory Settlement Conference set for 1/11/2013 at 9:30 AM in the Chambers of Magistrate Judge William McCurine Jr. Memorandum of Contentions of Fact and Law is due by 8/26/2013. Proposed Pretrial Order is due by 9/9/2013. Final Pretrial Conference set for 9/16/2013 at 10:30 AM before Judge Michael M. Anello. Trial is set for 10/15/2013 at 9:00 AM before Judge Michael M. Anello. Signed by Magistrate Judge William McCurine, Jr on 8/24/2012.(leh)
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| Filing 22 Joint MOTION for Protective Order by Continental Tire the Americas, LLC (Chen Smith, Alice) Modified on 8/27/2012 atty contacted re: wrong event used; edited event type and text (leh). |
| Filing 21 NOTICE - Joint Proposed Discovery Plan by Ford Motor Company (Murphy, Jonathan) (leh). |
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Filing 20
ORDER Continuing Case Management Conference: The CMC is continued to 8/24/2012 at 9:30 AM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 6/13/2012.(All non-registered users served via U.S. Mail Service)(leh)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Early Neutral Evaluation Conference held on 6/1/2012.(CD# 6/1/2012 n/a). (Plaintiff Attorney Eric M. Overholt). (Defendant Attorney Robert J. Gibson, Anthony F. Latiolait). (rab) |
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Filing 18
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: It is hereby ordered that the Court will conduct a Case Management Conference set for 8/1/2012 at 9:30 AM in the Chambers of Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 6/1/2012.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
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| Filing 17 NOTICE of Change of Address by Alice L. Chen (Chen, Alice)(aef). |
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Filing 16
ORDER Continuing Early Neutral Evaluation Conference: The telephonic ENE Conference is now set for 6/1/2012 at 9:00 AM. Counsel for Defendant Continental Tire to ordered to initiate the joint call to Chambers. Signed by Magistrate Judge William McCurine, Jr on 5/16/2012.(All non-registered users served via U.S. Mail Service)(leh)
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Filing 15
NOTICE and ORDER: Denying #14 Motion to Continue the ENE; and Converting In-Person ENE Conference to Telephonic. The ENE will be held on 5/23/2012 at 9:30 AM, and will be telephonic. No parties need appear on the call, Counsel only. Counsel for Defendant Continental Tire is ordered to initiate the joint call to Chambers with the opposing counsel. Signed by Magistrate Judge William McCurine, Jr on 5/2/2012. (All non-registered users served via U.S. Mail Service)(leh)
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| Filing 14 MOTION to Continue Early Neutral Evaluation Conference by Continental Tire the Americas, LLC re #13 Notice and Order for Early Neutral Evaluation conference (Latiolait, Anthony) Modified on 5/2/2012 atty contacted re: wrong event selected, edited text (leh). |
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Filing 13
NOTICE AND ORDER for Early Neutral Evaluation Conference: It is hereby ordered that an Early Neutral Evaluation will be held on 5/23/2012 at 9:30 AM in the Chambers of Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 4/6/2012.(leh)(jrd)
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| Filing 12 ANSWER to #9 First Amended Complaint by Ford Motor Company.(Murphy, Jonathan) (leh). |
| Filing 11 ANSWER to #9 First Amended Complaint with Jury Demand by Continental Tire the Americas, LLC.(Chen, Alice) Modified on 4/6/2012 to include jury demand(leh). |
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Filing 10
Order Denying Defendants' Motions to Dismiss and/or Strike as Moot: Currently pending before the Court is #5 Ford Motor Company and #6 Continental Tire the Americas, LLC's Motions to Dismiss and/or Strike. Pursuant to the parties' joint stipulation and the Court's order granting leave to amend, Plaintiff filed a First Amended Complaint. Because Defenants' pending motions challenged the original complaint and the First Amended Complaint is now the operative pleading, the Court DENIES #5 Ford Motor Company and #6 Continental Tire the Americas, LLC's Motions to Dismiss and/or Strike as MOOT. So Ordered by Judge Michael M. Anello on 3/27/2012. (jad)
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| Filing 9 FIRST AMENDED COMPLAINT with Jury Demand against Continental Tire the Americas, LLC, DOES 1 to 20, inclusive, Ford Motor Company, filed by Javier Pacheco. (Attachments: #1 Proof of Service) (Overholt, Eric) (leh). |
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Filing 8
ORDER granting #7 Joint Motion to Amend Complaint. Plaintiff shall file and serve the amended pleading by March 22, 2012. Defendants shall respond within 14 days after service is completed. The Court vacates the 3/26/2012 Hearing on Ford's Motion to Strike and/or Dismiss (Doc #5 ) and Continental Tire's Motion to Strike and/or Dismiss (Doc #6 ). Signed by Judge Michael M. Anello on 3/16/2012. (All non-registered users served via U.S. Mail Service)(leh)
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| Filing 7 Joint MOTION to Amend Complaint by Javier Pacheco. (Overholt, Eric) (leh). |
| Filing 6 MOTION to Strike Portions of Plaintiff's Complaint re Punitive Damages Pursuant to FRCP 12(f), MOTION to Dismiss Plaintiff's Claims for Breach of Warranty and Intentional Tort for Failure to State a Claim Pursuant to FRCP 12(b)(6) by Continental Tire the Americas, LLC. (Attachments: #1 Memo of Points and Authorities)(Latiolait, Anthony) Modified on 2/9/2012 atty contacted re: unauthorized s/ signature (leh). |
| Filing 5 MOTION to Dismiss Plaintiff's "Intentional Tort" and Breach of Implied Warranty Causes of Action Pursuant to Fed.R.Civ.P.12(B)(6), or, Alternatively to Strike Plaintiff's Punitive Damages Claim Pursuant to Fed. R. Civ. P. 12(F) by Ford Motor Company. (Attachments: #1 Declaration Jonathan Murphy, #2 Affidavit Certification of Interested Parties)(Murphy, Jonathan) Modified on 2/9/2012 atty contacted re: unauthorized s/ signature (leh). |
| Filing 4 NOTICE of Party With Financial Interest by Continental Tire the Americas, LLC. (rlu) (av1). |
| Filing 3 DEMAND for Trial by Jury by Continental Tire the Americas, LLC. (rlu) (av1). |
| Filing 2 NOTICE to Adverse Party of Removal to Federal Court by Continental Tire the Americas, LLC. (rlu) (av1). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, Imperial County, case number ECUD6614. (Filing fee $350 receipt number 0974-4406507), filed by Continental Tire the Americas, LLC. (Attachments: #1 Exhibit A (State Court Complaint), #2 Declaration B)The new case number is 3:12-cv-267-MMA-WMC. Judge Michael M. Anello and Magistrate Judge William McCurine, Jr. are assigned to the case. (Latiolait, Anthony)(rlu) (av1). |
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