Victorino et al v. FCA US LLC
Plaintiff: Victorino, Adam Tavitian and Carlos Victorino
Defendant: FCA US LLC
Case Number: 3:2016cv01617
Filed: June 24, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jill L Burkhardt
Referring Judge: Gonzalo P Curiel
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 fr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2020 Opinion or Order Filing 331 ORDER Granting Joint #330 Motion to Reset the Pretrial Conference and Related Deadlines. Signed by Judge Gonzalo P. Curiel on 1/15/20. (dlg)
January 14, 2020 Opinion or Order Filing 330 Joint MOTION to Continue /Reset The Pretrial Conference And Related Deadlines Pending Class Notice Pursuant To F.R.C.P. 23 by Carlos Victorino. (Weinmann, Steven) (dlg). Modified on 1/15/2020 to send QC email for proposed order (dlg).
December 20, 2019 Opinion or Order Filing 329 ORDER LIFTING STAY and Setting Pretrial Deadlines. The Proposed Final Pretrial Conference Order served and lodged with the assigned district judge by February 14, 2020. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on February 21, 2020 at 1:30 p.m. Signed by Judge Gonzalo P. Curiel on 12/20/19.(dlg)
December 19, 2019 Opinion or Order Filing 328 ORDER of USCA as to the Petition for Permission to Appeal under 23(f) filed by FCA US LLC. The USCA, in its discretion, denies the petition for permission to appeal the USDC's order granting class action certification. (akr)
November 21, 2019 Opinion or Order Filing 327 ORDER of USCA as to the Petition for Permission to Appeal under 23(f) filed by Carlos Victorino. Petitioner's motion for voluntary dismissal of this petition is construed as a motion to withdraw this petition for permission to appeal. So construed, the motion is granted. This petition is withdrawn. (akr)
November 6, 2019 Opinion or Order Filing 326 ORDER of USCA as to the Petition for Permission to Appeal under 23(f) filed by Carlos Victorino. On October 17, 2019, the USDC granted petitioner's renewed motion for class certification. Within 21 days after the date of this order, petitioner shall voluntarily withdraw this petition or show cause why this petition should not be denied as moot. If petitioner elects to show cause, a response may be filed within 10 days after service of the memorandum. If petitioner does not comply with this order, the USCA will dismiss this petition for failure to prosecute. (akr)
November 6, 2019 Opinion or Order Filing 325 ORDER Granting #323 Motion to Vacate or Continue Pre-Trial Deadlines (#319) Pending Ruling on Petition and Memorandum. The case is hereby stayed for all purposes, and the current pre-trial deadlines are vacated. The parties are directed to file a joint status report at ninety day intervals with the first status report due February 6, 2020. Signed by Judge Gonzalo P. Curiel on 11/6/19. (dlg)
October 31, 2019 Opinion or Order Filing 324 USCA Case Number 19-80149 for the Petition for Permission to Appeal under 23(f) filed by FCA US LLC. (akr)
October 31, 2019 Opinion or Order Filing 323 Ex Parte MOTION to Stay Action and Vacate Pretrial Dates or Alternatively to Continue Pretrial Dates by FCA US LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order)(Boniske, Edwin) (dlg). QC mailer sent re courtesy copies (jrm).
October 21, 2019 Opinion or Order Filing 322 NOTICE of Appearance by Steven Richard Weinmann on behalf of Carlos Victorino (Attachments: #1 Certificate of Service)(Weinmann, Steven)Attorney Steven Richard Weinmann added to party Carlos Victorino(pty:pla) (dlg).
October 18, 2019 Opinion or Order Filing 321 PRO HAC APPROVED: Jan Paul Miller appearing for Defendant FCA US LLC (no document attached) (rmc)
October 18, 2019 Opinion or Order Filing 320 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13072223.) (Application to be reviewed by Clerk.) (Miller, Jan) (rmc).
October 18, 2019 Opinion or Order Filing 319 Order Setting Pretrial Conference: Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by December 6, 2019. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on December 13, 2019 at 1:30 p.m. Signed by Judge Gonzalo P. Curiel on 10/18/19.(dlg)
October 17, 2019 Opinion or Order Filing 318 ORDER Granting Plaintiff's Renewed #311 Motion for Class Certification. The Court appoints Plaintiff Carlos Victorino as the Class Representative. The Court appoints Capstone Law APC as Class Counsel. The hearing set on October 18, 2019 shall be vacated. Signed by Judge Gonzalo P. Curiel on 10/17/19. (dlg)
October 8, 2019 Opinion or Order Filing 317 CERTIFICATE OF SERVICE by Carlos Victorino re #316 Reply to Response to Motion, (Zohdy, Tarek) (dlg).
October 7, 2019 Opinion or Order Filing 316 REPLY to Response to Motion re #311 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification (PLAINTIFF'S REPLY IN SUPPORT OF PLAINTIFF'S RENEWED MOTION FOR CLASS CERTIFICATION filed by Carlos Victorino. (Zohdy, Tarek) (dlg).
September 30, 2019 Opinion or Order Filing 315 RESPONSE in Opposition re #311 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Opposition to Plaintiff's Renewed Motion for Class Certification, #2 Declaration of Michael Royek, #3 Declaration of Robert Benson, #4 Supplement Declaration of Michael Royek in Support of FCA US LLC's Opposition to Plaintiff's Renewed Motion for Class Certification, #5 Declaration of Kirk Irvine)(Boniske, Edwin) (rmc). Modified on 10/3/2019 to send QC email for courtesy copies (dlg).
September 26, 2019 Opinion or Order Filing 313 ORDER Granting #309 Plaintiff's Application to File Under Seal Plaintiff's Renewed Motion for Class Certification. Signed by Judge Gonzalo P. Curiel on 9/26/2019. (aef)
September 10, 2019 Opinion or Order Filing 312 CERTIFICATE OF SERVICE by Carlos Victorino re #311 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification (Zohdy, Tarek) (dlg).
September 9, 2019 Opinion or Order Filing 311 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification by Carlos Victorino. (Attachments: #1 REDACTED Memorandum of Points & Authorities in Support of Plaintiffs Renewed Motion for Class Certification, #2 REDACTED Declaration of Tarek H. Zohdy in Support of Plaintiffs Renewed Motion for Class Certification, #3 REDACTED Exhibits to Declaration of Tarek H. Zohdy in Support of Plaintiffs Renewed Motion for Class Certification, #4 Certificate of Service)(Zohdy, Tarek) (dlg).
September 9, 2019 Opinion or Order Filing 310 ***FILED AS SEALED DOCUMENT ON 9/26/2019***SEALED LODGED Proposed Document re: #309 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Ozzello, Mark) (dlg). Modified on 9/26/2019 to add file date of lodgment (aef).
September 9, 2019 Opinion or Order Filing 309 MOTION to File Documents Under Seal (With attachments)(Ozzello, Mark) (dlg).
August 8, 2019 Opinion or Order Filing 308 ORDER Following Status Conference and Setting Briefing Schedule. Plaintiff shall file a renewed motion for class certification on or before September 9, 2019. Defendant shall file an opposition on or before September 30, 2019. Plaintiff shall file a reply on or before October 7, 2019. A hearing is set on October 18, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 08/08/2019.(mme)
August 8, 2019 Opinion or Order Filing 307 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Telephonic Status Hearing held on 8/8/2019; Court to issue Scheduling Order.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Cody Padgett; Mark Ozzello and Tarek Zohdy). (Defendant Attorney Stephen D' Aunoy; Thomas Azar and Edwin Boniske). (no document attached) (ksr)
August 2, 2019 Opinion or Order Filing 306 NOTICE of Appearance by Trisha K. Monesi on behalf of Carlos Victorino (Attachments: #1 Certificate of Service)(Monesi, Trisha)Attorney Trisha K. Monesi added to party Carlos Victorino(pty:pla) (mme).
August 2, 2019 Opinion or Order Filing 305 NOTICE of Appearance by Mark Alan Ozzello on behalf of Carlos Victorino (Attachments: #1 Certificate of Service)(Ozzello, Mark)Attorney Mark Alan Ozzello added to party Carlos Victorino(pty:pla) (mme).
August 1, 2019 Opinion or Order Filing 304 ORDER Resetting Telephonic Status Conference. The Court resets the telephonic status conference set for August 7, 2019 to August 8, 2019 at 10 a.m. Plaintiff's counsel shall initiate and coordinate the telephone call. Signed by Judge Gonzalo P. Curiel on 8/1/19.(dlg)
July 31, 2019 Opinion or Order Filing 303 Order Setting Telephonic Status Conference. The Court lifts stay and sets a telephonic status conference on August 7, 2019 at 10 a.m. Plaintiff's counsel shall initiate and coordinate the telephone call. Signed by Judge Gonzalo P. Curiel on 7/31/19.(dlg)
December 5, 2018 Opinion or Order Filing 302 NOTICE of Withdrawal of Jordan Lurie as Counsel of Record for Plaintiff Victorino by Carlos Victorino (Attachments: #1 Declaration of Tarek Zohdy in Support of Notice of Withdrawal of Jordan Lurie as Counsel of Record for Plaintiff Victorino, #2 Certificate of Service)(Zohdy, Tarek) (dlg).
October 31, 2018 Opinion or Order Filing 301 NOTICE OF TERMINATION OF SCOTT H. MORGAN AS COUNSEL OF RECORD by FCA US LLC (Attachments: #1 Declaration of Thomas L. Azar, Jr.)(Boniske, Edwin) (dlg).
October 31, 2018 Opinion or Order Filing 300 NOTICE OF WITHDRAWAL OF DOCKET NO. 299 by FCA US LLC re #299 MOTION to Withdraw as Attorney as to Scott H. Morgan (Boniske, Edwin) (dlg).
October 30, 2018 Opinion or Order Filing 299 *** WITHDRAWN PER ECF 300 *** MOTION to Withdraw as Attorney as to Scott H. Morgan by FCA US LLC. (Attachments: #1 Declaration of Thomas L. Azar, Jr.)(Boniske, Edwin) qc email, missing hearing date/time (dlg). Modified on 11/1/2018 (dlg).
October 24, 2018 Opinion or Order Filing 298 ORDER of USCA as to Petition for Permission to Appeal under 23(f) filed by Carlos Victorino. Proceedings in this petition shall be held in abeyance pending the USCA's decision in Huu Nguyen v. Nissan North America, Inc., No. 18-16344, or further order of the USCA. (akr)
September 11, 2018 Opinion or Order Filing 297 ORDER Vacating the September 14, 2018 Pretrial Conference and Staying Case Pending Ninth Circuit Ruling, re #293 Motion to Continue. The Pretrial Conference scheduled for 9/14/2018 is vacated and the Court stays the case pending a ruling on Plaintiffs' Appeal from the Order Denying Class Certification in the Nguyen v. Nissan North America, Inc. action, No. 18-16344. Within 14 days of a ruling on Plaintiff's Appeal from the Order Denying Class Certification in Nguyen v. Nissan North America, Inc. action, No. 18-16344, the Parties shall file a joint notice with a request that the Pretrial Conference be reset. Signed by Judge Gonzalo P. Curiel on 9/11/2018. (jdt)
September 11, 2018 Opinion or Order Filing 296 RESPONSE in Opposition re #293 Ex Parte MOTION to Continue the September 14, 2018 Pretrial Conference filed by FCA US LLC. (Boniske, Edwin) (aef).
September 10, 2018 Opinion or Order Filing 295 NOTICE OF INTENT TO FILE OPPOSITION by FCA US LLC re #293 Ex Parte MOTION to Continue the September 14, 2018 Pretrial Conference (Boniske, Edwin) (dlg).
September 7, 2018 Opinion or Order Filing 294 CERTIFICATE OF SERVICE by Carlos Victorino re #293 Ex Parte MOTION to Continue the September 14, 2018 Pretrial Conference (Lurie, Jordan) (dlg).
September 7, 2018 Opinion or Order Filing 293 Ex Parte MOTION to Continue the September 14, 2018 Pretrial Conference by Carlos Victorino. (Attachments: #1 Declaration of Jordan L. Lurie In Support of Plaintiffs Ex Parte Motion to Continue the September 14, 2018 Pretrial Conference)(Lurie, Jordan) (dlg).
August 1, 2018 Opinion or Order Filing 292 RESPONSE re #289 Notice (Other) of Ninth Circuit Acceptable of Petition for Permission to Appeal Denial of Class Certification in Nguyen v. Nguyen filed by FCA US LLC. (Attachments: #1 Exhibit A)(Boniske, Edwin) (rmc).
August 1, 2018 Opinion or Order Filing 291 ORDER Granting #290 Joint Motion for Continuance of Pretrial Conference in Light of Labor Day Holiday and Counsels' Unavailability. Having considered the Joint Motion for Continuance of Pretrial Conference in Light of Labor Day Holiday, and good cause appearing, the Court orders as follows: The 8/31/2018 Pretrial Conference shall be continued to 9/14/2018 at 1:30 p.m. Signed by Judge Gonzalo P. Curiel on 8/1/2018. (rmc)
July 31, 2018 Opinion or Order Filing 290 Joint MOTION to Continue Pretrial Conference in Light of Labor Day Holiday and Counsels Unavailability by Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan)(rmc).
July 24, 2018 Opinion or Order Filing 289 NOTICE by Plaintiff of Ninth Circuit Acceptance of Petition for Permission to Appeal Denial of Class Certification Under Rule 23(f) In Nguyen v. Nissan by Carlos Victorino (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg).
July 19, 2018 Opinion or Order Filing 288 OBJECTION by FCA US LLC re #278 Pretrial Disclosures of Plaintiff Carlos Victorino. (Boniske, Edwin) (dlg).
July 17, 2018 Opinion or Order Filing 287 RESPONSE in Support re #284 MOTION for Order Granting Leave to File a Reply t Further Support of Plaintiffs Ex Parte Motion To Vacate The Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition filed by Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (jpp).
July 17, 2018 Opinion or Order Filing 286 ORDER Granting in Part Ex Parte #276 #279 Motion to Vacate the Amended Scheduling Order or Continue Dates Pending Ruling on Plaintiff's Rule 23(F) Petition. The Court continues the final pretrial conference set August 3, 2018 to August 31, 2018. All other dates in the amended scheduling order will remain. Signed by Judge Gonzalo P. Curiel on 7/17/18. (dlg)
July 16, 2018 Opinion or Order Filing 285 RESPONSE in Opposition re #284 MOTION for Order Granting Leave to File a Reply t Further Support of Plaintiffs Ex Parte Motion To Vacate The Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition filed by FCA US LLC. (Boniske, Edwin) (dlg).
July 13, 2018 Opinion or Order Filing 284 MOTION for Order Granting Leave to File a Reply t Further Support of Plaintiffs Ex Parte Motion To Vacate The Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition by Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg). Modified on 7/17/2018 to term per dj chambers (dlg).
July 13, 2018 Opinion or Order Filing 283 RESPONSE in Opposition re #279 Ex Parte MOTION to Vacate the Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition filed by FCA US LLC. (Attachments: #1 Declaration of Thomas L. Azar, Jr., #2 Exhibit A, #3 Exhibit B)(Boniske, Edwin) (dlg).
July 12, 2018 Opinion or Order Filing 282 ORDER Granting #280 FCA US LLC's Ex Parte Motion for Addition Time to Serve Objections on or before July 20, 2018. Signed by Judge Gonzalo P. Curiel on 7/12/18. (dlg)
July 12, 2018 Opinion or Order Filing 281 NOTICE on Intent to Oppose Ex Parte Motion by FCA US LLC re #279 Ex Parte MOTION to Vacate the Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition (Boniske, Edwin) (dlg).
July 11, 2018 Opinion or Order Filing 280 Ex Parte MOTION to Strike Document #278 Pretrial Disclosures by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas Azar)(Boniske, Edwin) (dlg).
July 11, 2018 Opinion or Order Filing 279 Ex Parte MOTION to Vacate the Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition by Carlos Victorino. (Attachments: #1 Declaration of Jordan Lurie in Support of Plaintiffs Ex Parte Motion to Vacate the Amended Scheduling Order (Dkt. 209) Or Continue the Dates Pending Ruling on Plaintiffs Rule 23(F) Petition, #2 Certificate of Service)(Lurie, Jordan) (dlg).
July 10, 2018 Opinion or Order Filing 278 Pretrial Disclosures by Carlos Victorino (Lurie, Jordan) (dlg).
July 10, 2018 Opinion or Order Filing 277 RESPONSE in Opposition re #276 MOTION for Order of Request for Status Conference and/or Order Staying This Matter or Continuing the Pretrial Dates Pending a Ruling on Plaintiffs Rule 23(f) Petition filed by FCA US LLC. (Boniske, Edwin) (dlg).
July 9, 2018 Opinion or Order Filing 276 Motion for Order re NOTICE of Request for Status Conference and/or Order Staying This Matter or Continuing the Pretrial Dates Pending a Ruling on Plaintiffs Rule 23(f) Petition by Carlos Victorino (Attachments: #1 Certificate of Service)(Lurie, Jordan) qc email, incorrect event selected. Changed to Motion, edited text. Attorney is to email proposed order (dlg).
July 6, 2018 Opinion or Order Filing 275 Pretrial Disclosures by FCA US LLC (Boniske, Edwin) (dlg).
June 28, 2018 Opinion or Order Filing 274 USCA Case Number 18-80076 for Petition for Permission to Appeal under 23(f) filed by Carlos Victorino. (akr)
June 28, 2018 Opinion or Order Filing 273 ORDER Denying Defendant's Ex Parte #269 Motion for Leave to File Supplemental Motion for Summary Judgment. Signed by Judge Gonzalo P. Curiel on 6/28/18. (dlg)
June 27, 2018 Opinion or Order Filing 272 RESPONSE in Opposition re #269 Ex Parte MOTION for Leave to File Supplemental Motion for Summary Judgment filed by Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg).
June 26, 2018 Opinion or Order Filing 271 ORDER re #269 Ex Parte MOTION for Leave to File Supplemental Motion for Summary Judgment : Due to the Court's schedule, the Court directs Plaintiff to file his opposition by 12:00 noon on June 27, 2018. Signed by Judge Gonzalo P. Curiel on 6/26/18.(dlg)
June 26, 2018 Opinion or Order Filing 270 NOTICE OF INTENT TO OPPOSE FCA US LLCS EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT by Carlos Victorino re #269 Ex Parte MOTION for Leave to File Supplemental Motion for Summary Judgment (Lurie, Jordan) (jdt).
June 25, 2018 Opinion or Order Filing 269 Ex Parte MOTION for Leave to File Supplemental Motion for Summary Judgment by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Declaration of Stephen A. D'Aunoy)(Boniske, Edwin) (dlg).
June 22, 2018 Opinion or Order Filing 268 Minute Order by Magistrate Judge Jill L. Burkhardt re ECF No. #261 : The Court confirms that the 6/22/2018 telephonic Settlement Disposition Conference is VACATED. (smm)
June 22, 2018 Opinion or Order Filing 267 ORDER Granting Joint #266 Motion to Dismiss of Plaintiff Adam Tavitian's Individual Claims. Signed by Judge Gonzalo P. Curiel on 6/22/18. (dlg)
June 20, 2018 Opinion or Order Filing 266 Joint MOTION to Dismiss Party Adam Tavitian's Individual Claims by Adam Tavitian. (Attachments: #1 Proposed Order)(Padgett, Cody) qc email re proposed order (dlg).
June 13, 2018 Opinion or Order Filing 265 ORDER Denying #215 Plaintiffs' Amended Motion for Class Certification. The Court denies Plaintiff Victorino's amended motion for class certification. The Court also denies Plaintiff Tavitian's amended motion for class certification as moot. Signed by Judge Gonzalo P. Curiel on 6/13/2018. (rmc)
June 12, 2018 Opinion or Order Filing 264 RESPONSE re #263 Supplemental Document Plaintiffs Response to FCAs Supplemental Authority in Opposition to Plaintiffs Amended Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (rmc).
June 11, 2018 Opinion or Order Filing 263 SUPPLEMENTAL DOCUMENT by FCA US LLC re #215 Amended MOTION to Certify Class - Notice of Supplemental Authorities. (Attachments: #1 Exhibit A)(Boniske, Edwin) (rmc).
June 7, 2018 Opinion or Order Filing 262 ORDER Denying Defendant's #231 Motion to Exclude Expert Testimony and Report of Steven Boyles. Signed by Judge Gonzalo P. Curiel on 6/7/18. (dlg)
June 5, 2018 Opinion or Order Filing 261 Order Scheduling Telephonic Settlement Disposition Conference. Joint Motion for Dismissal due: 6/20/18. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 6/20/18, then a Telephonic Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 6/22/2018 at 2:15 PM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 6/5/18.(dlg)
June 4, 2018 Opinion or Order Filing 260 NOTICE [Plaintiffs' Response to FCA US LLC's Notice of Partial Settlement] by Adam Tavitian, Carlos Victorino re #259 Notice (Other) (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg).
June 4, 2018 Opinion or Order Filing 259 NOTICE OF PARTIAL SETTLEMENT by FCA US LLC (Boniske, Edwin) (dlg).
June 4, 2018 Opinion or Order Filing 258 ORDER Granting in Part and Denying in Part Defendant's Renewed #232 Motion to Exclude Expert Testimony and Report of Michael Stapleford. Signed by Judge Gonzalo P. Curiel on 6/4/18. (dlg)
June 4, 2018 Opinion or Order Filing 257 ORDER Denying Plaintiffs' Amended #218 Motion to Exclude or Limit Expert Testimony of Robert Benson and Mike Royek. Signed by Judge Gonzalo P. Curiel on 6/4/18. (dlg)
June 1, 2018 Opinion or Order Filing 256 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 6/1/2018 re #215 Amended MOTION to Certify Class filed by Adam Tavitian, Carlos Victorino ; #163 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Steven B. Boyles filed by FCA US LLC, #162 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford filed by FCA US LLC - Court to issue Order.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Jordan Lurie and Tarek Zohdy). (Defendant Attorney Thomas Azar, Stephen D'Aunoy and William Low). (no document attached) (ksr)
June 1, 2018 Opinion or Order Filing 255 ORDER Providing Tentative Ruling Denying Plaintiffs' #215 Amended MOTION for Class Certification filed by Adam Tavitian, Carlos Victorino. Signed by Judge Gonzalo P. Curiel on 6/1/18.(dlg)
May 23, 2018 Opinion or Order Filing 254 RESPONSE in Opposition re #247 Ex Parte MOTION for Leave to File Sur-Reply In Opposition to Plaintiffs' Amended Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg).
May 22, 2018 Opinion or Order Filing 253 Minute ORDER, re #232 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford - Submitted, #231 MOTION to Exclude Testimony and Report of Plaintiff's Expert Steven B. Boyles - Submitted, #218 Amended MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Mike Royek - Submitted. Motion Hearing set for 5/25/18 - Vacated. (no document attached) (ksr)
May 21, 2018 Opinion or Order Filing 252 SUR-REPLY - re #249 Order on Motion for Leave to File Document, In Opposition To Plaintiffs Amended Motion For Class Certification filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy, #2 Exhibit A)(Boniske, Edwin) (dlg).
May 18, 2018 Opinion or Order Filing 251 REPLY to Response to Motion re #231 MOTION to Exclude Testimony and Report of Plaintiff's Expert Steven B. Boyles filed by FCA US LLC. (Boniske, Edwin) (jdt).
May 18, 2018 Opinion or Order Filing 250 REPLY to Response to Motion re #232 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford filed by FCA US LLC. (Boniske, Edwin) (jdt).
May 18, 2018 Opinion or Order Filing 249 ORDER Granting in Part #247 Defendant's Ex Parte Motion to File Sur-Reply. Defendant FCA US LLC shall file its sur-reply on or before 5/21/2018 by 12:00 p.m., and Plaintiffs may file a response to the sur-reply on or before 5/23/2018 by 12:00 p.m. The hearing set on 5/25/2018 shall be rescheduled to 6/1/2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/18/2018. (jdt)
May 18, 2018 Opinion or Order Filing 248 RESPONSE in Opposition re #247 Ex Parte MOTION for Leave to File Sur-Reply In Opposition to Plaintiffs' Amended Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (jdt).
May 17, 2018 Opinion or Order Filing 247 Ex Parte MOTION for Leave to File Sur-Reply In Opposition to Plaintiffs' Amended Motion for Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A to Memorandum of Points and Authorities, #3 Declaration of Thomas L. Azar, Jr. in Support of Ex Parte Motion)(Boniske, Edwin) (jdt).
May 16, 2018 Opinion or Order Filing 246 DECLARATION re #245 MOTION to Withdraw as Attorney Declaration of Jordan Lurie in Support of Karen Wallace's Motion for Leave to Withdraw as Attorney of Record by Plaintiffs Adam Tavitian, Carlos Victorino. (Lurie, Jordan) QC email re attorney has been termed (dlg).
May 16, 2018 Opinion or Order Filing 245 MOTION to Withdraw as Attorney by Adam Tavitian, Carlos Victorino. (Attachments: #1 Certificate of Service)(Wallace, Karen) Modified on 5/16/2018 to term motion and attorney of record per dj chambers (dlg).
May 11, 2018 Opinion or Order Filing 244 RESPONSE in Support re #215 Amended MOTION to Certify Class filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Jordan L. Lurie in Support of Plaintiffs Reply in Support of Plaintiffs Motion for Class Certification, #2 Plaintiffs Response to Defendants Objections to Evidence Plaintiffs Submit in Support of Their Amended Motion for Class Certification, #3 Declaration of Tarek H. Zohdy In Support of Plaintiffs Response to Defendants Objections to Evidence Plaintiffs Submit in Support of Their Amended Motion for Class Certification, #4 Certificate of Service)(Lurie, Jordan) (mpl).
May 11, 2018 Opinion or Order Filing 243 RESPONSE in Opposition re #232 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace In Support of Plaintiffs Opposition to FCA US LLCs Renewed Motion to Exclude Expert Testimony and Report of Plaintiffs Expert Michael Stapleford, #2 Certificate of Service)(Wallace, Karen) (mpl).
May 11, 2018 Opinion or Order Filing 242 RESPONSE in Opposition re #231 MOTION to Exclude Testimony and Report of Plaintiff's Expert Steven B. Boyles filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Opposition to FCA US LLCs Renewed Motion to Exclude the Expert Testimony and Report of Plaintiffs Expert Steven Boyles, #2 Certificate of Service)(Wallace, Karen) (mpl).
May 10, 2018 Opinion or Order Filing 241 Amended ORDER Granting #212 MOTION for Reconsideration re #206 Order on Motion for Summary Judgment filed by FCA US LLC. The remaining claims in the case are the causes of action for breach of implied warranty of merchantability under state and federal law as well as a California unfair competition law claim based on these breaches. The hearing date set for May 11, 2018 shall be vacated. Signed by Judge Gonzalo P. Curiel on 5/10/18.(dlg)
May 10, 2018 Opinion or Order Filing 240 ORDER Granting Defendant's #212 Motion for Reconsideration. The remaining claims in the case are the two causes of action for breach of implied warranty of merchantability under state and federal law. The hearing date set for May 11, 2018 shall be vacated. Signed by Judge Gonzalo P. Curiel on 5/10/18. (dlg)
May 9, 2018 Opinion or Order Filing 238 ORDER Granting Plaintiffs' Application to File Under Seal Plaintiffs' Amended Motion for Class Certification and Documents in Support. Signed by Judge Gonzalo P. Curiel on 5/9/2018. (jjg)
May 4, 2018 Opinion or Order Filing 237 RESPONSE in Support re #218 Amended MOTION to Exclude Exclude or Limit Certain Opinions and Testimony of Robert Benson and Mike Royek filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Response to Defendants Objection to Plaintiffs Request for Judicial Notice in Support of Plaintiffs Amended Motion to Exclude Expert Testimony, #2 Declaration of Karen L. Wallace In Support of Plaintiffs Amended Motion To Exclude Or Limit Certain Opinions And Testimony Of Robert Benson and Mike Royek, #3 Certificate of Service)(Wallace, Karen) (dlg).
May 1, 2018 Opinion or Order Filing 236 ORDER granting #234 Motion to Amend/Correct. Signed by Judge Gonzalo P. Curiel on 5/1/2018. (anh)
May 1, 2018 Opinion or Order Filing 235 RESPONSE in Opposition re #234 Ex Parte MOTION to Amend/Correct #229 Response in Opposition to Motion by Interlineation filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Certificate of Service)(Lurie, Jordan) (dlg).
April 30, 2018 Opinion or Order Filing 234 Ex Parte MOTION to Amend/Correct #229 Response in Opposition to Motion by Interlineation by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas L. Azar, Jr., #3 Exhibit S)(Boniske, Edwin) (dlg).
April 27, 2018 Opinion or Order Filing 233 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting, from Defendant FCA US LLC. Non-compliance with local rule(s), Failure to obtain a hearing date for motion from Chambers; no authority to file motion on issue that should have been briefed in the opposition.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Gonzalo P. Curiel on 4/27/18.(dlg)
April 27, 2018 Opinion or Order Filing 232 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen D'Aunoy, #3 Exhibit A to Declaration of Stephen D'Aunoy, #4 Exhibit B to Declaration of Stephen D'Aunoy, #5 Exhibit C to Declaration of Stephen D'Aunoy, #6 Exhibit D to Declaration of Stephen D'Aunoy)(Boniske, Edwin) (dlg). Modified on 4/30/2018 to send qc email for attorney to submit courtesy copies (dlg).
April 27, 2018 Opinion or Order Filing 231 MOTION to Exclude Testimony and Report of Plaintiff's Expert Steven B. Boyles by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas Azar, #3 Exhibit A to Declaration of Thomas Azar, #4 Exhibit B to Declaration of Thomas Azar, #5 Exhibit C to Declaration of Thomas Azar, #6 Exhibit D to Declaration of Thomas Azar)(Boniske, Edwin) (dlg). Modified on 4/30/2018 to send qc email for attorney to submit courtesy copies (dlg).
April 27, 2018 Opinion or Order Filing 230 *** STRICKEN PER ECF 233 *** MOTION to Apply the Laws of the 50 States to Plaintiffs' Request for Nationwide Certification re #215 Amended MOTION to Certify Class , #229 Response in Opposition to Motion,,,,, by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A)(Boniske, Edwin) (Additional attachment(s) added on 4/27/2018: #3 Strike) (dlg). (dlg).
April 27, 2018 Opinion or Order Filing 229 RESPONSE in Opposition re #215 Amended MOTION to Certify Class filed by FCA US LLC. (Attachments: #1 Declaration of Robert Benson, #2 Exhibit A to Declaration of Robert Benson, #3 Declaration of Kirk Irvine, #4 Declaration of Stephen D'Aunoy, #5 Exhibit A to Declaration of Stephen D'Aunoy, #6 Exhibit B to Declaration of Stephen D'Aunoy, #7 Exhibit C to Declaration of Stephen D'Aunoy, #8 Exhibit D to Declaration of Stephen D'Aunoy, #9 Exhibit E to Declaration of Stephen D'Aunoy, #10 Exhibit F to Declaration of Stephen D'Aunoy, #11 Exhibit G to Declaration of Stephen D'Aunoy, #12 Exhibit H to Declaration of Stephen D'Aunoy, #13 Exhibit I to Declaration of Stephen D'Aunoy, #14 Exhibit J to Declaration of Stephen D'Aunoy, #15 Exhibit K to Declaration of Stephen D'Aunoy, #16 Exhibit L to Declaration of Stephen D'Aunoy, #17 Exhibit M to Declaration of Stephen D'Aunoy, #18 Exhibit N to Declaration of Stephen D'Aunoy, #19 Exhibit O to Declaration of Stephen D'Aunoy, #20 Exhibit P to Declaration of Stephen D'Aunoy, #21 Exhibit Q to Declaration of Stephen D'Aunoy, #22 Exhibit R to Declaration of Stephen D'Aunoy, #23 Declaration of Michael Royek, #24 FCA US LLC's Objections to Plaintiffs' Evidence)(Boniske, Edwin) (dlg). Modified on 4/30/2018 to send qc email for attorney to submit courtesy copies (dlg).
April 27, 2018 Opinion or Order Filing 228 RESPONSE in Opposition re #218 Amended MOTION to Exclude Exclude or Limit Certain Opinions and Testimony of Robert Benson and Mike Royek filed by FCA US LLC. (Attachments: #1 Declaration of Thomas Azar, #2 Exhibit A to Declaration of Thomas Azar, #3 Exhibit B to Declaration of Thomas Azar, #4 Objections to Request for Judicial Notice)(Boniske, Edwin) (dlg). Modified on 4/30/2018 to send qc email for attorney to submit courtesy copies (dlg).
April 18, 2018 Opinion or Order Filing 227 REPLY to Response to Motion re #212 MOTION for Reconsideration re #206 Order on Motion for Summary Judgment filed by FCA US LLC. (Attachments: #1 Declaration of Jeremy Kleiger, #2 Declaration of Stephen A. D'Aunoy)(Boniske, Edwin) (dlg).
April 16, 2018 Opinion or Order Filing 226 ORDER Granting #224 Motion for Leave to File a 30-Page Opposition to Plaintiffs' Amended Motion for Class Certification. Signed by Judge Gonzalo P. Curiel on 4/16/18. (dlg)
April 13, 2018 Opinion or Order Filing 225 RESPONSE in Opposition re #224 Ex Parte MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Amended Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Proof of Service)(Lurie, Jordan) (dlg).
April 13, 2018 Opinion or Order Filing 224 Ex Parte MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Amended Motion for Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen D'Aunoy)(Boniske, Edwin) (dlg).
April 11, 2018 Opinion or Order Filing 223 RESPONSE in Opposition re #212 MOTION for Reconsideration re #206 Order on Motion for Summary Judgment filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Opposition to Defendants Motion for Reconsideration, #2 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Reconsideration, #3 Proof of Service Certificate of Service of PlaintiffsOpposition to Defendants Motion for Reconsideration & Supporting Documents)(Wallace, Karen) (dlg).
April 10, 2018 Opinion or Order Filing 222 Amended ORDER Granting in Part #220 Parties' Joint Motion for Extension of Time Relating to Briefing Schedule re #215 Amended MOTION to Certify Class : FCA US's Opposition is due on April 27, 2018; Plaintiffs' Reply is due on May 11, 2018; and The hearing on Plaintiffs Motion for Class Certification shall be moved to May 25, 2018 at 1:30 p.m. Signed by Judge Gonzalo P. Curiel on 4/10/18.(dlg)
April 10, 2018 Opinion or Order Filing 221 ORDER Granting Joint #220 Motion for Extension of Time Relating to Briefing Schedule re #215 Amended MOTION for Class Certification. FCA US's Opposition is due on May 4, 2018; Plaintiffs' Reply is due on May 18, 2018; and The hearing on Plaintiffs Motion for Class Certification shall remain the same and be held on June 15, 2018 at 1:30 p.m., or any date that is convenient for the Court. Signed by Judge Gonzalo P. Curiel on 4/10/18. (dlg)
April 9, 2018 Opinion or Order Filing 220 Joint MOTION for Extension of Time to File Response/Reply as to #215 Amended MOTION to Certify Class and Stipulation For Same by FCA US LLC. (Boniske, Edwin) (dlg).
April 9, 2018 Opinion or Order Filing 219 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #214 MOTION to File Documents Under Seal (Lurie, Jordan) (dlg).
April 6, 2018 Opinion or Order Filing 218 Amended MOTION to Exclude Exclude or Limit Certain Opinions and Testimony of Robert Benson and Mike Royek by Adam Tavitian, Carlos Victorino. (Attachments: #1 Request for Judicial Notice in Support of Plaintiffs Amended Motion to Exclude Expert Testimony, #2 Exhibit Exhibit A to Plaintiffs Request for Judicial Notice in Support of Plaintiffs Amended Motion to Exclude Expert Testimony, #3 Exhibit Exhibit B to Plaintiffs Request for Judicial Notice in Support of Plaintiffs Amended Motion to Exclude Expert Testimony)(Wallace, Karen) (dlg).
April 6, 2018 Opinion or Order Filing 217 [FILED AS SEALED DOCUMENT ON 5/9/2018] SEALED LODGED Proposed Document re: #214 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Lurie, Jordan) (jjg). Modified on 5/9/2018 to seal (jjg). (Main Document 217 replaced on 5/9/2018) (jjg).
April 6, 2018 Opinion or Order Filing 216 DECLARATION re #215 Amended MOTION to Certify Class Redacted Declaration of Tarek H. Zohdy in Support of Plaintiffs Amended Motion for Class Certification by Plaintiffs Adam Tavitian, Carlos Victorino. (Attachments: #1 Exhibit Redacted Exhibits to redacted Declaration of Tarek H. Zohdy in Support of Plaintiffs Amended Motion for Class Certification)(Zohdy, Tarek)
April 6, 2018 Opinion or Order Filing 215 Amended MOTION to Certify Class by Adam Tavitian, Carlos Victorino. (Attachments: #1 Memo of Points and Authorities (redacted) in Support of Plaintiffs Amended Motion for Class Certification, #2 Proof of Service Certificate of Service re Redacted Plaintiffs Amended Motion for Class Certification)(Lurie, Jordan) (dlg).
April 6, 2018 Opinion or Order Filing 214 MOTION to File Documents Under Seal (With attachments)(Zohdy, Tarek) (jjg).
March 27, 2018 Opinion or Order Filing 213 ORDER Setting Briefing Schedule re #212 MOTION for Reconsideration re #206 Order on Motion for Summary Judgment : Any opposition shall be filed on or before April 11, 2018. Any reply shall be filed on or before on or before April 18, 2018. The hearing currently set for June 22, 2018 shall be vacated and reset to May 11, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/27/18.(dlg)
March 26, 2018 Opinion or Order Filing 212 MOTION for Reconsideration re #206 Order on Motion for Summary Judgment by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas L. Azar, Jr., #3 Declaration of Michael Royek)(Boniske, Edwin) (dlg).
March 14, 2018 Opinion or Order Filing 211 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Mandatory Settlement Conference held on 3/14/2018. The case did not settle. (Plaintiff Attorney Jordan L. Lurie; Tarek H. Zohdy; Cody R. Padgett). (Defendant Attorney Stephen Anthony D'Aunoy; William M Low). (no document attached) (smm)
March 5, 2018 Opinion or Order Filing 210 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. #150 : MSC Statements were due to the Court by 3/2/2018. (ECF No. #150 ). The Court is not in receipt of Plaintiffs' MSC Statement. Plaintiffs are directed that their Statement shall be lodged via email at efile_burkhardt@casd.uscourts.gov no later than tomorrow, 3/6/2018, at 2:30 PM, and SHALL ADDRESS why it is being lodged after the court-ordered deadline. In addition, Defendant is directed to lodge a supplement to its Statement listing "all attorney and non-attorney conference attendees for that side, including the name(s) and title(s)/position(s) of the party/party representative(s) who will attend and have settlement authority at the conference." The parties should otherwise consult and ensure their Statements comply with Chambers Rules and the Court's 10/30/2017 Order (ECF No. #150 ). (no document attached) (smm)
March 1, 2018 Opinion or Order Filing 209 ORDER Granting in Part and Denying in Part #205 Joint Motion. Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by July 27, 2018. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on August 3, 2018 at 1:30pm. Signed by Magistrate Judge Jill L. Burkhardt on 3/1/18. (dlg)
February 28, 2018 Opinion or Order Filing 208 ORDER Setting Briefing Schedule: Plaintiffs shall file an amended motion for class certification, and/or amended Daubert motions on or before April 6, 2018. Defendant shall file an opposition on or before April 20, 2018. Plaintiffs may file on or before May 4, 2018. The hearing currently set for March 9, 2018 shall be vacated and reset to May 25, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/28/18.(dlg)
February 27, 2018 Opinion or Order Filing 206 ORDER Granting in Part and Denying in Part Defendant's #151 Motion for Summary Judgment. Signed by Judge Gonzalo P. Curiel on 2/27/18. (dlg)
February 27, 2018 Opinion or Order Filing 205 Joint MOTION to Continue Mandatory Settlement Conference and Amend Scheduling Order by FCA US LLC. (Attachments: #1 Declaration of Thomas L. Azar, Jr.)(Boniske, Edwin) (dlg).
February 22, 2018 Opinion or Order Filing 204 Minute ORDER, re #151 MOTION for Summary Judgment - Submitted. Motion Hearing set for 2/23/18 - VACATED. (no document attached) (ksr)
February 9, 2018 Opinion or Order Filing 203 RESPONSE in Support re #171 MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Proof of Service Certificate of Service)(Lurie, Jordan) (dlg).
February 8, 2018 Opinion or Order Filing 200 ORDER granting Defendant FCA US, LLC's #192 Motion to File Documents Under Seal. FCA US LLC's unredacted Reply in Support of Motion for Summary Judgment and unredacted Responses to Plaintiffs' Counter Statement of Material Facts shall be filed under seal. Signed by Judge Gonzalo P. Curiel on 2/8/2018. (jah)
February 8, 2018 Opinion or Order Filing 198 ORDER granting Plaintiff's #181 Motion to File Documents Under Seal. The unredacted version of Plaintiff's Opposition to Defendant's Motion for Summary and supporting documents shall be placed under seal. Signed by Judge Gonzalo P. Curiel on 2/8/2018. (jah)
January 29, 2018 Opinion or Order Filing 197 REPLY to Response to Motion re #162 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford filed by FCA US LLC. (Boniske, Edwin) (dlg).
January 29, 2018 Opinion or Order Filing 196 REPLY to Response to Motion re #163 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Steven B. Boyles filed by FCA US LLC. (Boniske, Edwin) (dlg).
January 26, 2018 Opinion or Order Filing 195 REPLY to Response to Motion re #151 MOTION for Summary Judgment (REDACTED) filed by FCA US LLC. (Attachments: #1 Response to Plaintiffs' Counter Statement of Material Facts (REDACTED))(Boniske, Edwin) (dlg).
January 26, 2018 Opinion or Order Filing 194 [FILED AS SEALED DOCUMENT ON 2/8/2018] SEALED LODGED Proposed Document re: #192 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Boniske, Edwin). (jah). (Main Document 194 replaced on 2/8/2018) (jah). Modified on 2/8/2018 - Added file date of lodgment (jah).
January 26, 2018 Opinion or Order Filing 193 [FILED AS SEALED DOCUMENT ON 2/8/2018] SEALED LODGED Proposed Document re: #192 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Boniske, Edwin). (jah). (Main Document 193 replaced on 2/8/2018) (jah). Modified on 2/8/2018 - Added file date of lodgment (jah).
January 26, 2018 Opinion or Order Filing 192 MOTION to File Documents Under Seal (Boniske, Edwin). (jah).
January 26, 2018 Opinion or Order Filing 191 RESPONSE in Opposition re #171 MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek filed by FCA US LLC. (Attachments: #1 Declaration of Thomas L. Azar, Jr., #2 Exhibit A to Declaration of Thomas L. Azar, Jr., #3 Exhibit B to Declaration of Thomas L. Azar, Jr., #4 Objection to Plaintiff's Request for Judicial Notice)(Boniske, Edwin) (dlg).
January 26, 2018 Opinion or Order Filing 190 ORDER Denying #168 Plaintiffs' Motion to Quash or, Alternatively, for a Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 1/25/18. (dlg)
January 17, 2018 Opinion or Order Filing 189 RESPONSE to Motion re #188 Ex Parte MOTION for Leave to File 3-Page Sur-Reply re Plaintiffs' Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Wallace, Karen) (dlg).
January 17, 2018 Opinion or Order Filing 188 Ex Parte MOTION for Leave to File 3-Page Sur-Reply re Plaintiffs' Motion for Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen D'Aunoy)(Boniske, Edwin) (dlg). Modified on 1/19/2018 to send qc email for attorney to submit proposed order to Chambers (dlg). Modified on 2/7/2018 to send qc email for attorney to submit proposed order (dlg). Modified on 4/17/2018 to term motion per dj chambers (dlg).
January 16, 2018 Opinion or Order Filing 187 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #185 Reply to Response to Motion (Zohdy, Tarek) (dlg).
January 16, 2018 Opinion or Order Filing 186 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #181 MOTION to File Documents Under Seal (Zohdy, Tarek) (dlg).
January 15, 2018 Opinion or Order Filing 185 REPLY to Response to Motion re #140 MOTION to Certify Class Redacted (Plaintiffs' Reply in Support of Plaintiffs' Motion for Class Certification) filed by Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (rmc).
January 12, 2018 Opinion or Order Filing 184 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #183 Response in Opposition to Motion (Padgett, Cody) (rmc).
January 12, 2018 Opinion or Order Filing 183 RESPONSE in Opposition re #151 MOTION for Summary Judgment filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Counter Statement of Material Facts in Support of Opposition to Defendants Motion for Summary Judgment, #2 Responses to Defendants Statement of Undisputed Material Facts in Support of Summary Judgment, #3 Declaration of Cody R. Padgett In Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment, #4 Exhibit set 1 to of Cody R. Padgett In Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment, #5 Exhibit set 2 to of Cody R. Padgett In Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment, #6 Declaration of Michael Stapleford In Support of Plaintiffs Opposition to FCA US LLCs Motion for Summary Judgment)(Padgett, Cody) QC mail sent re signatures (rmc). Modified on 2/7/2018 for attorney to submit courtesy copies to Chambers (dlg).
January 12, 2018 Opinion or Order Filing 182 [FILED AS SEALED DOCUMENT ON 2/8/2018] SEALED LODGED Proposed Document re: #181 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Padgett, Cody). (jah). (Main Document 182 replaced on 2/8/2018). Modified on 2/8/2018 - Added filed date of lodgment (jah).
January 12, 2018 Opinion or Order Filing 181 MOTION to File Documents Under Seal (With attachments)(Zohdy, Tarek). Modified on 1/16/2018 - Has s/ of different atty. No Proof of Service. QC Email sent re ECF signature policy and to file Proof of Service (jah).
January 12, 2018 Opinion or Order Filing 180 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #178 Response in Opposition to Motion, to Exclude Plaintiffs' Expert, Michael Stapleford (Wallace, Karen) (rmc).
January 12, 2018 Opinion or Order Filing 179 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #177 Response in Opposition to Motion, to Exclude Plaintiffs' Expert, Steven B. Boyles (Wallace, Karen) (rmc).
January 12, 2018 Opinion or Order Filing 178 RESPONSE in Opposition re #162 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen Wallace in Support)(Wallace, Karen) (rmc).
January 12, 2018 Opinion or Order Filing 177 RESPONSE in Opposition re #163 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Steven B. Boyles filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen Wallace in Support)(Wallace, Karen) (rmc).
January 12, 2018 Opinion or Order Filing 176 ORDER Setting Briefing Schedule re #171 MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek : Any opposition shall be filed on or before January 26, 2018. Any reply shall be filed on or before February 9, 2018. The hearing is set on March 9, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/12/18.(dlg)
January 12, 2018 Opinion or Order Filing 175 ORDER Granting #173 Motion for Leave to File Reply Brief in Support of Motion for Class Certification that Contains Five Additional Pages. Signed by Judge Gonzalo P. Curiel on 1/12/18. (dlg)
January 10, 2018 Opinion or Order Filing 174 RESPONSE in Opposition re #173 Ex Parte MOTION for Leave to File Reply Brief in Support of Motion for Class Certification that Contains Five Additional Pages filed by FCA US LLC. (Boniske, Edwin) (dlg).
January 9, 2018 Opinion or Order Filing 173 Ex Parte MOTION for Leave to File Reply Brief in Support of Motion for Class Certification that Contains Five Additional Pages by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek Zohdy in Support of Plaintiffs Ex Parte Motion for Leave to File Reply Brief in Support of Motion for Class Certification that Contains Five Additional Pages)(Zohdy, Tarek) QC email re incorrect filer. Attorney is not to refile (dlg).
January 5, 2018 Opinion or Order Filing 172 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #171 MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek (Wallace, Karen) (dlg).
January 5, 2018 Opinion or Order Filing 171 MOTION to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Motion to Exclude or Limit Certain Opinions and Testimony of Robert Benson and Michael Royek, #2 Request for Judicial Notice in Support of Plaintiffs Motion to Exclude Expert Testimony)(Wallace, Karen) (dlg). Modified on 4/17/2018 to term motion per dj chambers, amended motion filed (dlg).
December 22, 2017 Opinion or Order Filing 170 RESPONSE in Support re #168 MOTION to Quash Plaintiffs Notice of Motion and Motion to Quash Non-Party Document Subpoenas or, Alternatively, for a Protective Order; Memorandum of Points and Authorities filed by Adam Tavitian, Carlos Victorino. (Wallace, Karen) (rmc).
December 20, 2017 Opinion or Order Filing 169 RESPONSE in Opposition re #168 MOTION to Quash Plaintiffs Notice of Motion and Motion to Quash Non-Party Document Subpoenas or, Alternatively, for a Protective Order; Memorandum of Points and Authorities filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Boniske, Edwin) (dlg).
December 13, 2017 Opinion or Order Filing 168 MOTION to Quash Plaintiffs Notice of Motion and Motion to Quash Non-Party Document Subpoenas or, Alternatively, for a Protective Order; Memorandum of Points and Authorities by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Motion to Quash or for Protective Order, #2 Proof of Service Certificate of Service)(Wallace, Karen) (dlg).
December 8, 2017 Opinion or Order Filing 167 Minute Order Setting Briefing Schedule on Expert Discovery Dispute. Plaintiffs' discovery motion must be filed on or before 12/13/2017 at 12:00 p.m. Any opposition by Defendant shall be filed on or before 12/20/2017 at 12:00 p.m. Plaintiffs may file a reply to the opposition on or before 12/22/2017 at 12:00 p.m. A hearing date of 1/9/2018, at 11:00 a.m. is assigned. Unless the Court directs otherwise in advance of the hearing date, pursuant to Local Rule 7.1.d.1., this matter will be resolved without oral argument and no personal appearances on the hearing date should be made. In addition, Plaintiffs' counsel has agreed to forward a copy of this minute order by electronic mail to the relevant third parties to facilitate compliance(rmc)
December 7, 2017 Opinion or Order Filing 166 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 12/7/2017. Order to follow. (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace). (Defendant Attorney Stephen Anthony D'Aunoy; Thomas L. Azar, Jr; Edwin Mendelson Boniske). (no document attached) (smm)
December 7, 2017 Opinion or Order Filing 165 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Having received a joint call on 12/6/2017 from counsel regarding a discovery dispute, the Court hereby SETS a telephonic, counsel-only Discovery Conference for TODAY, 12/7/2017, at 11:45 AM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. (no document attached) (smm)
December 5, 2017 Opinion or Order Filing 164 ORDER Setting Briefing Schedule re #162 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford, #163 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Steven B. Boyles : Any opposition shall be filed on or before January 15, 2018. Any reply shall be filed on or before January 29, 2018. The hearing is set on March 9, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/5/17.(dlg)
November 30, 2017 Opinion or Order Filing 163 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Steven B. Boyles by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas L. Azar, Jr.)(Boniske, Edwin) (dlg). Modified on 6/6/2018 to term per dj chambers, amended motion filed. (dlg).
November 30, 2017 Opinion or Order Filing 162 MOTION to Exclude Testimony and Report of Plaintiffs' Expert Michael Stapleford by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen A. D'Aunoy)(Boniske, Edwin) (dlg). Modified on 6/6/2018 to term per dj chambers, amended motion filed (dlg).
November 30, 2017 Opinion or Order Filing 161 OBJECTION by FCA US LLC to Evidence Plaintiffs Submit in Support of Their Motion for Class Certification. (Boniske, Edwin) (dlg).
November 30, 2017 Opinion or Order Filing 160 DECLARATION re #156 Response in Opposition to Motion for Class Certification of Stephen A. D'Aunoy by Defendant FCA US LLC. (Attachments: #1 Exhibit A - Stapleford Dep Excerpts, #2 Exhibit B - Stewart 001-3, #3 Exhibit C - Adam Tavitian Dep Excerpts, #4 Exhibit D - Rydell 036-37, #5 Exhibit E - MCPS000050-51, #6 Exhibit F - MCPS000043, #7 Exhibit G - Glendale 057-59, #8 Exhibit H - Salama Dep Excerpts, #9 Exhibit I - David Tavitian Dep Excerpts, #10 Exhibit J - San Diego 001-3, #11 Exhibit K - Carlos Victorino Dep Excerpts, #12 Exhibit L - Suppl Resp Irog 7, #13 Exhibit M - San Diego 085-86, #14 Exhibit N - MCPS000144-146, #15 Exhibit O - David Tavitian Subpoena and POS, #16 Exhibit P - Email from Capstone re Deps, #17 Exhibit Q - Email from Capstone re Representation, #18 Exhibit R - Boyles Dep)(Boniske, Edwin) (dlg).
November 30, 2017 Opinion or Order Filing 159 DECLARATION re #156 Response in Opposition to Motion for Class Certification of Kirk Irvine by Defendant FCA US LLC. (Boniske, Edwin) (dlg).
November 30, 2017 Opinion or Order Filing 158 DECLARATION re #156 Response in Opposition to Motion for Class Certification of Michael Royek by Defendant FCA US LLC. (Boniske, Edwin) (dlg).
November 30, 2017 Opinion or Order Filing 157 DECLARATION re #156 Response in Opposition to Motion for Class Certification of Robert Benson by Defendant FCA US LLC. (Attachments: #1 Exhibit A - Extended Warranty Notification Letter)(Boniske, Edwin) (dlg).
November 30, 2017 Opinion or Order Filing 156 RESPONSE in Opposition re #140 MOTION to Certify Class Redacted filed by FCA US LLC. (Boniske, Edwin) (dlg).
November 15, 2017 Opinion or Order Filing 155 RESPONSE to Motion re #153 Ex Parte MOTION to Continue Hearing on Plaintiffs' Motion for Class Certification Plaintiffs Response to FCA US LLCs Ex Parte Motion To Continue Hearing On Plaintiffs Motion For Class Certification filed by Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (dlg).
November 15, 2017 Opinion or Order Filing 154 ORDER Granting #153 Defendant's Ex Parte Motion. The Court reschedules the hearing on Defendant's motion for summary judgment from March 9, 2018 to February 23, 2018. The Court reschedules the hearing on Plaintiffs' motion for class certification from February 23, 2018 to March 9, 2018. The briefing schedules for both motions shall remain the same. Signed by Judge Gonzalo P. Curiel on 11/15/17. (dlg)
November 14, 2017 Opinion or Order Filing 153 Ex Parte MOTION to Continue Hearing on Plaintiffs' Motion for Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas L. Azar, Jr.)(Boniske, Edwin) (dlg).
November 7, 2017 Opinion or Order Filing 152 ORDER Setting Briefing Schedule re #151 MOTION for Summary Judgment : Responses due by 1/12/2018. Replies due by 1/26/2018. Signed by Judge Gonzalo P. Curiel on 11/7/2017.(jao)
November 6, 2017 Opinion or Order Filing 151 MOTION for Summary Judgment by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Thomas L. Azar, Jr., #4 Exhibit A to Declaration of Thomas L. Azar, Jr., #5 Exhibit B to Declaration of Thomas L. Azar, Jr, #6 Exhibit C to Declaration of Thomas L. Azar, Jr, #7 Exhibit D to Declaration of Thomas L. Azar, Jr, #8 Exhibit E to Declaration of Thomas L. Azar, Jr, #9 Exhibit F to Declaration of Thomas L. Azar, Jr, #10 Exhibit G to Declaration of Thomas L. Azar, Jr, #11 Exhibit H to Declaration of Thomas L. Azar, Jr, #12 Exhibit I to Declaration of Thomas L. Azar, Jr, #13 Exhibit J to Declaration of Thomas L. Azar, Jr, #14 Exhibit K to Declaration of Thomas L. Azar, Jr, #15 Exhibit L to Declaration of Thomas L. Azar, Jr, #16 Exhibit M to Declaration of Thomas L. Azar, Jr, #17 Exhibit N to Declaration of Thomas L. Azar, Jr, #18 Declaration of Robert Benson, #19 Exhibit A to Declaration of Robert Benson)(Boniske, Edwin) (mpl).
October 30, 2017 Opinion or Order Filing 150 ORDER Resetting Mandatory Settlement Conference to March 14, 2018, at 9:00 AM in the Chambers of Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 10/30/17.(dlg)
October 24, 2017 Opinion or Order Filing 149 ORDER Granting Defendant's #145 Motion for Extension of Time to File Opposition. Defendant FCA US LLC shall file its opposition to the motion for class certification on or before November 30, 2017. Plaintiffs shall file their reply on or before January 15, 2018. The hearing set on January 12, 2018 shall be rescheduled to February 23, 2018 at 1:30 p.m. in Courtroom 2D. Because the Court grants Defendant's motion, the Court denies its request to file a reply. (Dkt. No. 148). Signed by Judge Gonzalo P. Curiel on 10/24/17. (dlg)
October 24, 2017 Opinion or Order Filing 148 RESPONSE re #145 Ex Parte MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification Requesting Permission to File Reply Memorandum filed by FCA US LLC. (Attachments: #1 Exhibit A - Proposed Reply Brief)(Boniske, Edwin) (dlg).
October 23, 2017 Opinion or Order Filing 147 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #146 Response to Motion (Lurie, Jordan) (dlg).
October 23, 2017 Opinion or Order Filing 146 RESPONSE to Motion re #145 Ex Parte MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification filed by Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (dlg).
October 23, 2017 Opinion or Order Filing 145 Ex Parte MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities in Support of Ex Parte Motion, #2 Declaration of Stephen A. D'Aunoy)(Boniske, Edwin) (dlg). Modified on 10/24/2017 to send qc email for attorney to submit proposed order (dlg).
October 19, 2017 Opinion or Order Filing 144 ORDER Setting Briefing Schedule re #140 MOTION to Certify Class Redacted : Any opposition shall be filed on or before November 10, 2017. Any reply shall be filed on or before December 1, 2017. The hearing set on January 19, 2018 shall be rescheduled to January 12, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/19/17.(dlg)
October 19, 2017 Opinion or Order Filing 143 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #140 MOTION to Certify Class Redacted (Lurie, Jordan) (dlg).
October 19, 2017 Opinion or Order Filing 142 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #139 Sealed Lodged Proposed Document (Lurie, Jordan) (dlg).
October 19, 2017 Opinion or Order Filing 141 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #138 MOTION to File Documents Under Seal (Lurie, Jordan) (dlg).
October 18, 2017 Opinion or Order Filing 140 MOTION to Certify Class Redacted by Adam Tavitian, Carlos Victorino. (Attachments: #1 Memo of Points and Authorities of Points and Authorities in Support of Plaintiffs Motion for Class Certification, #2 Declaration of Tarek H. Zohdy in Support of Plaintiffs Motion for Class Certification, #3 Exhibit to of Tarek H. Zohdy in Support of Plaintiffs Motion for Class Certification)(Lurie, Jordan) (dlg). Modified on 4/17/2018 to term motion per dj chambers, amended motion filed (dlg).
October 18, 2017 Opinion or Order Filing 139 SEALED LODGED Proposed Document re: #138 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Lurie, Jordan). Modified on 10/19/2017 - Removed duplicate attachment descriptions (jah).
October 18, 2017 Opinion or Order Filing 138 MOTION to File Documents Under Seal (With attachments)(Lurie, Jordan). Modified on 10/19/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). Modified on 4/17/2018 to term motion per dj chambers (dlg).
October 13, 2017 Opinion or Order Filing 137 Minute ORDER by Magistrate Judge Jill L. Burkhardt. If the discovery dispute remains, any motion to compel must be filed by Defendant on or before October 20, 2017 at 5:00 p.m. Any opposition by Plaintiffs shall filed on or before October 25, 2017 at 5:00 p.m. Defendant shall file its reply to the opposition on or before October 27, 2017 at 5:00 p.m. A hearing date of Thursday, November 2, 2017, at 11:30 a.m. is assigned. Unless the Court directs otherwise in advance of the hearing date this matter will be resolved without oral argument and no personal appearances on the hearing date should be made.(dlg)
October 12, 2017 Opinion or Order Filing 136 ORDER Denying #119 Motion for Reconsideration. Signed by Magistrate Judge Jill L. Burkhardt on 10/12/17. (dlg)
October 11, 2017 Opinion or Order Filing 135 ORDER Denying as Moot #132 Motion to Continue Hearings Scheduled for October 13, 2017. Signed by Judge Gonzalo P. Curiel on 10/11/17. (dlg)
October 11, 2017 Opinion or Order Filing 134 ORDER Granting in Part and Denying in Part #116 Motion for Sanctions for Spoliation of Evidence. The hearing set for October 13, 2017 shall be vacated. Signed by Judge Gonzalo P. Curiel on 10/11/17. (dlg)
October 11, 2017 Opinion or Order Filing 133 ORDER Denying #121 Motion for Leave to File a Third Party Complaint. The hearing set for October 13, 2017 shall be vacated. Signed by Judge Gonzalo P. Curiel on 10/11/17. (dlg)
October 9, 2017 Opinion or Order Filing 132 Joint MOTION for Order Continuing Hearings Scheduled for October 13, 2017 Due to Unavailability of Plaintiffs Lead Counsel by Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (dlg).
October 5, 2017 Opinion or Order Filing 131 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 10/5/2017. The parties resolved the discovery dispute concerning plaintiff's vehicle. Order to follow regarding the discovery dispute concerning plaintiffs' objections to requests for admission. (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace). (Defendant Attorney Stephen Anthony D'Aunoy; Edwin Mendelson Boniske). (no document attached) (smm)
October 4, 2017 Opinion or Order Filing 130 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. 127 : The TIME for the 10/5/2017 telephonic, counsel-only Discovery Conference is accelerated and RESET from 2:00 PM to 1:30 PM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. (no document attached) (smm)
September 29, 2017 Opinion or Order Filing 129 REPLY to Response to Motion re #116 MOTION for Sanctions for Spoliation of Evidence filed by FCA US LLC. (Attachments: #1 Declaration of Stephen D'Aunoy, #2 Exhibit A to Declaration of Stephen D'Aunoy, #3 Exhibit B to Declaration of Stephen D'Aunoy, #4 Exhibit C to Declaration of Stephen D'Aunoy, #5 Declaration of Michael Royek)(Boniske, Edwin) (dlg).
September 29, 2017 Opinion or Order Filing 128 REPLY to Response to Motion re #121 MOTION for Leave to File Third Party Complaint against J&E Auto Services, Inc. filed by FCA US LLC. (Boniske, Edwin) (dlg).
September 28, 2017 Opinion or Order Filing 127 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 9/28/2017, the Court received a joint voicemail message from the parties requesting the Court's assistance with two discovery disputes concerning plaintiff's vehicle and objections to requests for admission. Based on counsel's availability, the Court hereby SETS a telephonic, counsel-only Discovery Conference for Thursday, 10/5/2017, at 2:00 PM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. IT IS FURTHER ORDERED THAT, by 10/4/2017 at 1:00 PM, counsel shall jointly LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov ONLY the following: (1) an excerpt of only the relevant requests for admission and objections thereto (including any material definitions and general objections); and (2) an excerpt of only the most recent proposed compromises, if any, previously communicated to the other side to resolve either of the discovery disputes at issue. (no document attached) (smm)
September 28, 2017 Opinion or Order Filing 126 Minute ORDER, re #121 MOTION for Leave to File Third Party Complaint against J&E Auto Services, Inc..( Motion Hearing set for 10/6/17 VACATED AND RESET TO 10/13/2017 01:30 PM before Judge Gonzalo P. Curiel.)(no document attached) (ksr)
September 22, 2017 Opinion or Order Filing 125 RESPONSE in Opposition re #121 MOTION for Leave to File Third Party Complaint against J&E Auto Services, Inc. filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Opposition To FCA US LLCs Motion for Leave to File Third-Party Complaint Against J&E Auto Services, Inc.)(Lurie, Jordan) (dlg).
September 15, 2017 Opinion or Order Filing 124 RESPONSE in Opposition re #116 MOTION for Sanctions for Spoliation of Evidence Plaintiffs Opposition to FCA US LLCs Motion for Sanctions for Spoliation of Evidence filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration Declaration of Tarek H. Zohdy in Support of Plaintiffs Opposition to FCA US, LLCs Motion for Sanctions for Spoliation of Evidence)(Lurie, Jordan) (dlg).
September 6, 2017 Opinion or Order Filing 123 ORDER Setting Briefing Schedule re #121 MOTION for Leave to File Third Party Complaint against J&E Auto Services, Inc. : Any opposition shall be filed on or before September 22, 2017. Any reply shall be filed on or before September 29, 2017. The hearing set on October 27, 2017 shall be rescheduled to October 6, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/6/17.(dlg)
September 5, 2017 Opinion or Order Filing 122 REPLY to Response to Motion re #119 MOTION for Reconsideration re #52 Order on Motion to Compel filed by FCA US LLC. (Boniske, Edwin) (dlg).
September 5, 2017 Opinion or Order Filing 121 MOTION for Leave to File Third Party Complaint against J&E Auto Services, Inc. by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Steven D'Aunoy, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Boniske, Edwin) (dlg).
September 1, 2017 Opinion or Order Filing 120 RESPONSE in Opposition re #119 MOTION for Reconsideration re #52 Order on Motion to Compel Retainer Agreements filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen L. Wallace in Support of Plaintiffs Opposition to FCA US LLCs Motion for Reconsideration)(Wallace, Karen) (dlg).
August 29, 2017 Opinion or Order Filing 119 MOTION for Reconsideration re #52 Order on Motion to Compel by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen D'Aunoy, #3 Exhibit A to Declaration of Stephen D'Aunoy, #4 Exhibit B to Declaration of Stephen D'Aunoy)(Boniske, Edwin) (dlg).
August 24, 2017 Opinion or Order Filing 118 Minute ORDER by Magistrate Judge Jill L. Burkhardt Setting Briefing Schedule on Discovery Dispute Over Retainer Agreements. Defendant shall file its motion on or before August 29, 2017 at 12:00 PM. Plaintiffs shall file their opposition on or before September 1, 2017 at 5:00 PM. Defendant shall file and serve its reply to the opposition on or before September 5, 2017 at 5:00 PM. A hearing date of September 12, 2017, at 11:30 AM is assigned. (dlg)
August 22, 2017 Opinion or Order Filing 117 ORDER Setting Briefing Schedule re #116 MOTION for Sanctions for Spoliation of Evidence : Any opposition shall be filed on or before September 15, 2017. Any reply shall be filed on or before September 29, 2017. A hearing is set on October 13, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/22/17.(dlg)(jao).
August 22, 2017 Opinion or Order Filing 116 MOTION for Sanctions for Spoliation of Evidence by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott Morgan, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Boniske, Edwin) (dlg).
July 25, 2017 Opinion or Order Filing 115 ORDER denying Defendant's #58 Motion Deny Class Certification and Plaintiff's Ex Parte Motion #111 for Leave to File Sur-reply. Signed by Judge Gonzalo P. Curiel on 7/25/2017. (fth) Modified on 8/22/2017 to edit docket text to reflect ecf 111 is denied (dlg).
July 14, 2017 Opinion or Order Filing 114 RESPONSE in Opposition re #111 Ex Parte MOTION for Leave to File Sur-Reply in Response to Defendants Reply and in Further Support of Plaintiffs Opposition to Defendants Motion to Deny Class Certification filed by FCA US LLC. (Attachments: #1 Declaration of Kathy Wisniewski)(Boniske, Edwin) (dlg).
July 12, 2017 Opinion or Order Filing 113 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino Certificate of Service of [Proposed] Order Granting Plaintiffs Ex Parte Motion for Leave to File Sur-Reply in Response to FCA's Reply & in Further Support of Plaintiffs Opposition to FCAs Motion to Deny Class Certification (Lurie, Jordan) (dlg).
July 12, 2017 Opinion or Order Filing 112 NOTICE of Intent to Oppose Plaintiffs' Ex Parte Application by FCA US LLC re #111 Ex Parte MOTION for Leave to File Sur-Reply in Response to Defendants Reply and in Further Support of Plaintiffs Opposition to Defendants Motion to Deny Class Certification (Boniske, Edwin) (dlg).
July 11, 2017 Opinion or Order Filing 111 Ex Parte MOTION for Leave to File Sur-Reply in Response to Defendants Reply and in Further Support of Plaintiffs Opposition to Defendants Motion to Deny Class Certification by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Plaintiffs Ex Parte Motion for Leave to File Sur-Reply in Response to Defendants Reply and in Further Support of Plaintiffs Opposition to Defendants Motion to Deny Class Certification)(Lurie, Jordan) (dlg).
July 3, 2017 Opinion or Order Filing 110 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt Granting in Part #109 Joint Motion to Amend Scheduling Order. The Proposed Pretrial Order is due by 4/20/2018. The Final Pretrial Conference is set for 4/27/2018 at 1:30 PM before Judge Gonzalo P. Curiel. (dlg) (jao).
June 30, 2017 Opinion or Order Filing 109 Joint MOTION to Amend/Correct #26 Scheduling Order,, Stipulation and Joint Motion to Amend Scheduling Order by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Joint Motion to Amend Scheduling Order)(Zohdy, Tarek) (dlg).
June 30, 2017 Opinion or Order Filing 108 ANSWER to #104 Amended Complaint by FCA US LLC.(Boniske, Edwin) (dlg).
June 30, 2017 Opinion or Order Filing 107 NOTICE OF WITHDRAWAL OF DOCUMENT by FCA US LLC re #106 Answer to Amended Complaint filed by FCA US LLC . (Boniske, Edwin) (dlg).
June 30, 2017 Opinion or Order Filing 106 *** WITHDRAWN PER ECF 107 *** ANSWER to #104 Amended Complaint by FCA US LLC.(Boniske, Edwin) (dlg).
June 30, 2017 Opinion or Order Filing 105 REPLY to Response to Motion re #58 MOTION to Deny Class Certification filed by FCA US LLC. (Attachments: #1 Declaration of Kathy Wisniewski)(Boniske, Edwin) (dlg).
June 19, 2017 Opinion or Order Filing 104 FIRST AMENDED COMPLAINT with Jury Demand First Amended Class Action Complaint against FCA US LLC, filed by Carlos Victorino, Adam Tavitian. (Lurie, Jordan) (dlg).
June 16, 2017 Opinion or Order Filing 103 RESPONSE in Opposition re #58 MOTION to Deny Class Certification Plaintiffs Opposition to Defendants Motion to Deny Certification filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Plaintiffs Opposition to Defendants Motion to Deny Certification)(Lurie, Jordan) (fth).
June 15, 2017 Opinion or Order Filing 102 Minute ORDER: A telephonic Status Conference was held on June 15, 2017. The Motion to Compel (ECF No. 81 ) is deemed withdrawn; Plaintiffs' Application to Strike (ECF No. #89 ) is deemed withdrawn; Plaintiffs' unopposed oral motion to convert Plaintiffs' Application to File Under Seal #97 to be a request to change the access rights to case participants and court only with respect to Plaintiffs' withdrawn Motion to Compel (ECF No. 81) is granted. Accordingly, #97 is granted and the Clerk of Court is directed to reset the document restriction to be case participants and court only for each of the.pdf document/attachments currently docketed at ECF Nos. 81, 81-1, 81-2, 81-3, 81-4, and 81-5. (dlg)
June 15, 2017 Opinion or Order Filing 101 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Status Conference re pending motion to compel held on 6/15/2017. Parties directed to review discovery requests. Parties expected to complete meet and confer on outstanding discovery issues by 12:00 PM on 6/22/2017. Court granted plaintiffs' unopposed, oral motions concerning pending discovery motions (minute order to follow). (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace). (Defendant Attorney Thomas L. Azar, Jr). (no document attached) (smm)
June 14, 2017 Opinion or Order Filing 100 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #97 MOTION to File Documents Under Seal (Lurie, Jordan). (jah).
June 14, 2017 Opinion or Order Filing 99 DECLARATION Declaration of Michael Stapleford in Support of Opposition to Defendants Motion for Summary Judgment by Plaintiffs Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (dlg).
June 14, 2017 Opinion or Order Filing 98 SEALED LODGED Proposed Document re: #97 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Lurie, Jordan). (jah).
June 14, 2017 Opinion or Order Filing 97 MOTION to File Documents Under Seal (With attachments)(Lurie, Jordan). (jah).
June 14, 2017 Opinion or Order Filing 95 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, counsel-only Status Conference re: pending motion to compel for Thursday, 6/15/2017, at 11:30 AM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel are to place a joint call to Judge Burkhardt's chambers with all participants already on the line. (no document attached) (smm) (dlg).
June 14, 2017 Opinion or Order Filing 94 PRO HAC APPROVED: Scott H Morgan appearing for Defendant FCA US LLC. (no document attached) (kcm)
June 14, 2017 Opinion or Order Filing 93 RESPONSE to Motion re #89 MOTION to Strike Plaintiffs Application to Strike Exhibit A to the Declaration of Tarek H. Zohdy in Support of Plaintiffs Motion to Compel FCA US LLCs Responses to Plaintiffs Requests For Production [Dkt. 81-3] filed by FCA US LLC. (Boniske, Edwin) (dlg).
June 14, 2017 Opinion or Order Filing 92 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10162059.) (Morgan, Scott) (kcm).
June 14, 2017 Opinion or Order Filing 91 ORDER Denying Defendant's #50 , #79 Motion for Summary Judgment and Denying #70 Defendant's Motion to Strike. The Court directs Plaintiffs to file an amended complaint adding the facts to support the alleged new defect in the slave cylinder within five (5) days of the filed date of this Order. The hearing date set for June 16, 2017 shall be vacated. Signed by Judge Gonzalo P. Curiel on 6/14/17. (dlg)
June 13, 2017 Opinion or Order Filing 90 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #89 MOTION to Strike Plaintiffs Application to Strike Exhibit A to the Declaration of Tarek H. Zohdy in Support of Plaintiffs Motion to Compel FCA US LLCs Responses to Plaintiffs Requests For Production [Dkt. 81-3] (Lurie, Jordan) (dlg).
June 13, 2017 Opinion or Order Filing 89 *** WITHDRAWN PER ECF 102 *** MOTION to Strike Plaintiffs Application to Strike Exhibit A to the Declaration of Tarek H. Zohdy in Support of Plaintiffs Motion to Compel FCA US LLCs Responses to Plaintiffs Requests For Production [Dkt. 81-3] by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Plaintiffs Application to Strike Exhibit A to the Declaration of Tarek H. Zohdy in Support of Plaintiffs Motion to Compel FCA US LLCs Responses to Plaintiffs Requests For Production [Dkt. 81-3])(Lurie, Jordan) (dlg). Modified on 6/15/2017 (dlg).
June 9, 2017 Opinion or Order Filing 88 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino OF PROPOSED ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL DISCOVERY (Zohdy, Tarek) (dlg).
June 9, 2017 Opinion or Order Filing 85 ORDER granting Defendant's #62 Motion to File Documents Under Seal. Defendant's Reply in Support of Motion for Summary Judgment and Defendant's Response to Counter-Statement of Material Facts shall be filed under seal. Signed by Judge Gonzalo P. Curiel on 6/9/2017. (jah)
June 9, 2017 Opinion or Order Filing 83 ORDER granting Plaintiffs' #53 Motion to File Documents Under Seal. The unredacted version of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment shall be placed under seal. Signed by Judge Gonzalo P. Curiel on 6/9/2017. (jah)
June 8, 2017 Opinion or Order Filing 82 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re 81 MOTION to Compel NOTICE OF MOTION AND MOTION TO COMPEL FCA US LLCS RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION (Lurie, Jordan) (dlg).
June 8, 2017 Opinion or Order Filing 80 RESPONSE in Opposition re #70 Ex Parte MOTION to Strike Document #54 Sealed Lodged Proposed Document re Opposition to Motion for Summary Judgment Plaintiffs Opposition to FCA US LLCS Ex Parte Motion to Strike Plaintiffs Responses to Statement of Undisputed Material Facts filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Opposition to FCA US LLCS Ex Parte Motion to Strike Plaintiffs Responses to Statement of Undisputed Material Facts)(Lurie, Jordan) (dlg).
June 8, 2017 Opinion or Order Filing 79 NOTICE re Amend/Correct #70 Ex Parte MOTION to Strike Document #54 Sealed Lodged Proposed Document re Opposition to Motion for Summary Judgment by FCA US LLC. (Boniske, Edwin) QC email, incorrect event selected. Edited docket text and termed motion (dlg).
June 8, 2017 Opinion or Order Filing 78 NOTICE Plaintiffs Notice of Intent to File Opposition to FCA US LLCS Notice of Ex Parte Motion and Ex Parte Motion to Strike Plaintiffs Responses to Statement of Undisputed Material Facts and Tarek H. Zohdy Declaration by Adam Tavitian, Carlos Victorino re #70 Ex Parte MOTION to Strike Document #54 Sealed Lodged Proposed Document re Opposition to Motion for Summary Judgment (Lurie, Jordan) (dlg).
June 7, 2017 Opinion or Order Filing 77 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #74 Response - Other Certificate of Service for Plaintiffs Responses to Defendants Statement of Undisputed Material Facts in Support of Summary Judgment (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 76 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #73 Declaration, Certificate of Service for Declaration of Tarek H. Zohdy in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment and in Support of Plaintiffs Request for Rule 56(d) Relief (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 75 NOTICE OF WITHDRAWAL OF DOCUMENT by Adam Tavitian, Carlos Victorino re #68 MOTION to Withdraw Two Documents Conditionally Filed Under Seal in Opposition to Defendants Motion for Summary Judgment or, In the Alternative, Plaintiffs Application or Motion to Unseal These Two Documents filed by Adam Tavitian, Carlos Victorino . (Attachments: #1 Proof of Service Certificate of Service for Plaintiffs Notice of Withdrawal of Docket No. 68)(Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 74 RESPONSE re #55 Response - Other,,,,, Plaintiffs Responses to Defendants Statement of Undisputed Material Facts in Support of Summary Judgment filed by Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 73 DECLARATION re #55 Response - Other,,,,, Declaration of Tarek H. Zohdy in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment and in Support of Plaintiffs Request for Rule 56(d) Relief by Plaintiffs Adam Tavitian, Carlos Victorino. (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 72 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #71 Notice of Withdrawal of Document Plaintiffs Notice of Withdrawal of Two Documents Lodged Under Seal in Opposition to Defendants Motion for Summary Judgment (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 71 NOTICE OF WITHDRAWAL OF DOCUMENT by Adam Tavitian, Carlos Victorino Plaintiffs Notice of Withdrawal of Two Documents Lodged Under Seal in Opposition to Defendants Motion for Summary Judgment. (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 70 Ex Parte MOTION to Strike Document #54 Sealed Lodged Proposed Document re Opposition to Motion for Summary Judgment by FCA US LLC. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Strike Documents, #2 Declaration of Thomas Azar in Support of Motion to Strike Documents)(Boniske, Edwin) (fth).
June 7, 2017 Opinion or Order Filing 69 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #68 MOTION to Withdraw Two Documents Conditionally Filed Under Seal in Opposition to Defendants Motion for Summary Judgment or, In the Alternative, Plaintiffs Application or Motion to Unseal These Two Documents (Lurie, Jordan) (fth).
June 7, 2017 Opinion or Order Filing 68 **DOCUMENT WITHDRAWN PER NOTICE #75 ** MOTION to Withdraw Two Documents Conditionally Filed Under Seal in Opposition to Defendants Motion for Summary Judgment or, In the Alternative, Plaintiffs Application or Motion to Unseal These Two Documents by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Plaintiffs Application to Withdraw Two Documents Conditionally Filed Under Seal in Opposition to Defendants Motion for Summary Judgment or, In the Alternative, Plaintiffs Application or Motion to Unseal These Two Documents)(Lurie, Jordan) Modified on 6/8/2017 (fth).
May 31, 2017 Opinion or Order Filing 67 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt. The operative scheduling order for this case (see ECF Nos. 26, 49) is hereby AMENDED as follows: The deadline for Plaintiffs to disclose and serve report(s) of class certification expert(s) is RESET to July 14, 2017; the deadline to file any motion for class certification is RESET to July 28, 2017; and the deadline for Defendant to disclose and serve report(s) of class certification expert (s) is RESET to August 11, 2017.(dlg) (jao).
May 30, 2017 Opinion or Order Filing 66 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Status Conference re Scope of Discovery held on 5/30/2017. IT IS HEREBY ORDERED that plaintiffs are granted leave to file a discovery motion concerning the discovery disputes first raised with the Court on 5/18/2017 (see ECF No. 57). By 6/8/2017 at 5:00 PM, plaintiffs shall FILE their discovery motion pursuant to Section IV.D. of Judge Burkhardt's Civil Chambers Rules. By 6/16/2017 at 5:00 PM, defendant shall FILE its opposition. The discovery motion and any opposition thereto shall be no more than 25 pages, exclusive of exhibits. The Court SETS plaintiffs' discovery motion for a TELEPHONIC, Oral Argument Hearing on 6/22/2017 at 11:00 AM in Courtroom 5C, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, San Diego, California 92101, before Magistrate Judge Jill L. Burkhardt. (See also CivLR 5.1.j.4.) Judge Burkhardt's chambers will initiate the call to the parties for purposes of the Oral Argument Hearing. Accordingly, by 6/21/2017, counsel for the parties shall contact Judge Burkhardt's chambers and, upon reaching a law clerk or the Court's voicemail, leave a message providing the Court with a single telephone number where all counsel can be reached on 6/22/2017 at 11:00 AM. (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace).(Defendant Attorney Stephen Anthony D'Aunoy; Thomas L. Azar, Jr.). (no document attached) (smm)
May 26, 2017 Opinion or Order Filing 65 REPLY to Response to Motion re #50 MOTION for Summary Judgment (REDACTED) filed by FCA US LLC. (Attachments: #1 Declaration of Thomas Azar, #2 Response to Plaintiffs' Counter-Statement of Material Facts (REDACTED), #3 Objections to Evidence Submitted with Plaintiffs' Opposition to Motion)(Boniske, Edwin) (dlg).
May 26, 2017 Opinion or Order Filing 64 [FILED AS SEALED DOCUMENT ON 6/9/2017] SEALED LODGED Proposed Document re: #62 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Boniske, Edwin). (jah). (Main Document 64 replaced on 6/9/2017). Modified on 6/9/2017 - Added file date of lodgment (jah).
May 26, 2017 Opinion or Order Filing 63 [FILED AS SEALED DOCUMENT ON 6/9/2017] SEALED LODGED Proposed Document re: #62 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Boniske, Edwin). (jah). (Main Document 63 replaced on 6/9/2017). Modified on 6/9/2017 - Added file date of lodgment (jah).
May 26, 2017 Opinion or Order Filing 62 MOTION to File Documents Under Seal (Boniske, Edwin). (jah).
May 24, 2017 Opinion or Order Filing 61 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 5/24/2017. The Court set an attorneys-only, telephonic Status Conference for Tuesday, 5/30/2017, at 11:30 AM before Magistrate Judge Jill L. Burkhardt. Counsel shall place a joint call to Judge Burkhardt's chambers for purposes of the Status Conference. The Court provided guidance regarding the scope of discovery and directed the parties to thoroughly meet and confer. (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace).(Defendant Attorney Stephen Anthony D'Aunoy). (no document attached) (smm)
May 23, 2017 Opinion or Order Filing 60 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 5/23/2017. (Plaintiff Attorney Tarek H. Zohdy; Cody R. Padgett; Karen Lynn Wallace). (Defendant Attorney Stephen Anthony D'Aunoy; Thomas L. Azar, Jr.). (no document attached) (smm)
May 22, 2017 Opinion or Order Filing 59 ORDER Setting Briefing Schedule re #58 MOTION to Deny Class Certification : Any opposition shall be filed on or before June 16, 2017. Any reply shall be filed on or before June 30, 2017. A hearing is set on July 28, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/22/17.(dlg)
May 19, 2017 Opinion or Order Filing 58 MOTION to Deny Class Certification by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kathy Wisniewski)(Boniske, Edwin) (dlg).
May 18, 2017 Opinion or Order Filing 57 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 5/18/2017, counsel placed a joint call to Magistrate Judge Burkhardt's chambers to schedule a discovery conference to resolve 4 identified discovery disputes. IT IS HEREBY ORDERED that, no later than 5/19/2017 at 5:00 PM, Plaintiffs shall LODGE with Judge Burkhardt (via email to efile_Burkhardt@casd.uscourts.gov) and opposing counsel a separate statement not to exceed 10 pages, exclusive of exhibits, outlining their position on each of the 4 disputes and authority for the relief requested. IT IS FURTHER ORDERED that, no later than 5/22/2017 at 5:00 PM, Defendant shall LODGE with Judge Burkhardt (via email to efile_Burkhardt@casd.uscourts.gov) and opposing counsel a separate statement not to exceed 10 pages, exclusive of exhibits, outlining its response. The parties should attach as an exhibit(s) to their lodgments excerpts setting forth only the relevant notices, requests, and responses at issue (including any material definitions and general objections). Counsel should not attach copies of any meet and confer correspondence. Finally, the Court SETS a telephonic, counsel-only Discovery Conference for Tuesday, 5/23/2017 at 11:00 AM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. The parties are CAUTIONED that absent express permission obtained from this Court, and notwithstanding the pendency of any request or motion, counsel shall timely comply with the operative scheduling order for this case. (no document attached) (smm)
May 12, 2017 Opinion or Order Filing 56 CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #53 MOTION to File Documents Under Seal, #54 Sealed Lodged Proposed Document, #55 Response - Other (Wallace, Karen) (dlg).
May 12, 2017 Opinion or Order Filing 55 RESPONSE re #50 MOTION for Summary Judgment Plaintiffs' Memorandum of Points & Authorities in Opposition to Defendant's Motion for Summary Judgment filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Karen Wallace in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #2 Exhibit to Karen Wallace Declaration in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #3 Declaration of Michael Stapleford in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #4 Exhibit 1 to of Michael Stapleford in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #5 Exhibit 2 of Michael Stapleford in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #6 Exhibit 3 of Michael Stapleford in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #7 Statement of Facts Plaintiffs' Counter Statenment of Material Facts in Support of Opposition to Defendant's Motion for Summary Jdsgment)(Wallace, Karen) QC email, missing certificate of service (dlg). Modified on 5/15/2017 to send QC email for attorney to submit courtesy copies to Chambers with CM/ECF header (dlg). Modified on 5/18/2017 to send another email for attorney to submit courtesy copies. (dlg).
May 12, 2017 Opinion or Order Filing 54 [FILED AS SEALED DOCUMENT ON 6/9/2017] SEALED LODGED Proposed Document re: #53 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wallace, Karen). (Main Document 54 replaced on 6/9/2017) Modified on 6/9/2017 - Added file date of lodgment (jah).
May 12, 2017 Opinion or Order Filing 53 MOTION to File Documents Under Seal (With attachments)(Wallace, Karen). (jah).
April 25, 2017 Opinion or Order Filing 52 MINUTE ORDER denying #36 Motion to Compel. (fth)
April 18, 2017 Opinion or Order Filing 51 ORDER Setting Briefing Schedule re #50 MOTION for Summary Judgment : Any opposition shall be filed on or before May 12, 2017. Any reply shall be filed on or before May 26, 2017. A hearing is set on June 16, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/18/17.(dlg)
April 17, 2017 Opinion or Order Filing 50 MOTION for Summary Judgment by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Stephen D'aunoy, #4 Exhibit A to D'Aunoy Declaration, #5 Exhibit B to D'Aunoy Declaration, #6 Exhibit C to D'Aunoy Declaration, #7 Exhibit D to D'Aunoy Declaration, #8 Exhibit E to D'Aunoy Declaration, #9 Exhibit F to D'Aunoy Declaration, #10 Exhibit G to D'Aunoy Declaration, #11 Exhibit H to D'Aunoy Declaration, #12 Exhibit I to D'Aunoy Declaration, #13 Exhibit J to D'Aunoy Declaration, #14 Exhibit K to D'Aunoy Declaration, #15 Exhibit L to D'Aunoy Declaration, #16 Exhibit M to D'Aunoy Declaration, #17 Exhibit N to D'Aunoy Declaration, #18 Exhibit O to D'Aunoy Declaration, #19 Exhibit P to D'Aunoy Declaration, #20 Exhibit Q to D'Aunoy Declaration)(Boniske, Edwin) (dlg). Modified on 5/15/2017 to send QC email for attorney to submit courtesy copies to Chambers (dlg). Modified on 5/18/2017 to send another QC email for attorney to submit courtesy copies(dlg).
April 12, 2017 Opinion or Order Filing 49 MINUTE ORDER granting in part and denying in part #48 Joint Motion to Amend Scheduling Order and Continuing Dates by Sixty (60) Days. (fth)
April 7, 2017 Opinion or Order Filing 48 Joint MOTION to Amend/Correct #26 Scheduling Order,, Joint Motion to Amend Scheduling Order and Continuing Dates by Sixty (60) Days by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration Declaration of Tarek H. Zohdy in Support of Joint Motion to Amend Scheduling Order and Continuing Dates by Sixty (60) Days)(Zohdy, Tarek) (dlg).
April 3, 2017 Opinion or Order Filing 47 RESPONSE re #45 Supplemental Briefing Plaintiffs' Response to Supplemental Briefing re: Motion to Compel filed by Adam Tavitian, Carlos Victorino. (Padgett, Cody) (dlg).
April 3, 2017 Opinion or Order Filing 46 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A telephonic, counsel-only Oral Argument Hearing on Defendant's Motion to Compel Production of Documents (ECF No. #36 ) was held on March 30, 2017. (CD# 3/30/2017 JLB17-11:10-11:37) (Plaintiff's Attorneys Tarek H. Zohdy; Karen Lynn Wallace) (Defendant's Attorneys Stephen Anthony D'Aunoy; Edwin Mendelson Boniske) (no document attached) (jxt)
March 31, 2017 Opinion or Order Filing 45 SUPPLEMENTAL BRIEFING by Defendant FCA US LLC re #36 MOTION to Compel Production of Documents . (Boniske, Edwin) QC email, supplemental documents require court order (dlg).
March 29, 2017 Opinion or Order Filing 44 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. #36 Motion to Compel Production of Documents: The Court hereby SETS a telephonic, counsel-only Oral Argument Hearing for 3/30/2017 at 11:00 AM before Magistrate Judge Jill L. Burkhardt. Counsel shall place a joint call to Judge Burkhardt's chambers for purposes of the Hearing. The Court requests oral argument on whether California law governs the asserted privilege over Plaintiffs' retainer agreements under Federal Rule of Evidence 501 and the unique facts of this case. The Court's tentative ruling is that California law governs Plaintiffs' claim of privilege under Federal Rule of Evidence 501 because: (1) as pled, there is no federal question jurisdiction for this case under the Magnuson-Moss Warranty Act; (2) this case is in federal court by virtue of diversity jurisdiction only; and (3) state law supplies the rule of decision for each of Plaintiffs' claims (including Plaintiffs' fourth cause of action for alleged breach of implied warranty under the Magnuson-Moss Warranty Act, 15 U.S.C. Section 2303 et seq.). As a result of (1), (2) and (3), this case is more akin to the line of diversity jurisdiction cases holding that state law governs privilege determinations. (no document attached) (smm)
March 27, 2017 Opinion or Order Filing 43 PRO HAC APPROVED: Thomas L. Azar, Jr appearing for Defendant FCA US LLC. (no document attached) (kcm)
March 27, 2017 Opinion or Order Filing 42 NOTICE OF WITHDRAWAL OF DOCUMENT by FCA US LLC re #39 Reply to Response to Motion filed by FCA US LLC . (Low, William) (dlg).
March 27, 2017 Opinion or Order Filing 41 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9933250.) (Application to be reviewed by Clerk.) (Azar, Thomas)
March 24, 2017 Opinion or Order Filing 40 REPLY to Response to Motion re #36 MOTION to Compel Production of Documents Amended Only to Include Exhibit A filed by FCA US LLC. (Attachments: #1 Exhibit)(Low, William) QC email, duplication filing. Attorney should withdraw the incorrect filing. (dlg).
March 24, 2017 Opinion or Order Filing 39 *** WITHDRAWN PER ECF 42 *** REPLY to Response to Motion re #36 MOTION to Compel Production of Documents filed by FCA US LLC. (Low, William) (dlg). Modified on 3/27/2017 to withdraw (dlg).
March 21, 2017 Opinion or Order Filing 38 NOTICE of Errata re Opposition to Motion to Compel by Adam Tavitian, Carlos Victorino re #37 Response in Opposition to Motion, (Attachments: #1 Exhibit 1, Opposition to Motion to Compel, #2 Declaration of Cody Padgett in Support of Plaintiffs' Opposition to Motion to Compel)(Padgett, Cody) QC email, attorney should withdraw incorrect filing and refile corrected version (dlg).
March 21, 2017 Opinion or Order Filing 37 RESPONSE in Opposition re #36 MOTION to Compel Production of Documents Plaintiffs' Opposition to Motion to Compel filed by Adam Tavitian, Carlos Victorino. (Attachments: #1 Declaration of Cody Padgett in Support of Plaintiffs' Opposition to Motion to Compel)(Padgett, Cody) (dlg).
March 14, 2017 Opinion or Order Filing 36 MOTION to Compel Production of Documents by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Declaration of Stephen A. D'Aunoy)(Boniske, Edwin) (dlg).
March 7, 2017 Opinion or Order Filing 35 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 3/7/2017. The Court directed defendant to complete document production (exclusive of both emails and study documents requiring a search of computer code) by 3/10/2017. Study documents requiring a search of computer code to be produced by 3/17/2017. Defendant to supplement written responses to discovery by 3/17/2017. By 3/10/2017, the parties are to complete meet and confer as how to prioritize ESI searches and custodians. As to Interrogatory No. 4 to plaintiffs, the Court directed the parties to meet and confer further concerning categories of individuals with knowledge. As to Request for Production No. 59 to plaintiffs, the Court issued a briefing schedule. By 3/14/2017, defendant may file a 5-page ex parte motion to compel document(s) responsive to RFP No. 59. Any response by plaintiffs shall be no more than 5 pages in length and filed by 3/21/2017. Any reply by defendant shall be no more than 3 pages in length and filed by 3/24/2017. The motion papers should comply with local and chambers rules. The parties may place a joint call by 3/13/2017 to request that the motion to compel also address Interrogatory No. 4. (Plaintiff Attorney Cody R. Padgett; Karen Lynn Wallace; Tarek H. Zohdy). (Defendant Attorney Edwin Mendelson Boniske; Stephen Anthony D'Aunoy). (no document attached) (smm)
March 7, 2017 Opinion or Order Filing 34 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Counsel are reminded of their obligations under Magistrate Judge Burkhardt's Civil Chambers Rules (available on the court's website). "[T]he efile_Burkhardt@casd.uscourts.gov e-mail address is not to be utilized to communicate with the Court unless otherwise permitted or when communications are solicited by the Court." (See Civil Chambers Rules, Section I.C.) Further, when "e-mails are requested by the Court, copies of the same must be simultaneously delivered to all counsel and any unrepresented party unless otherwise directed by the Court." (See id., Section I.A.) On 3/3/2017, the Court authorized counsel to lodge a single joint email that attaches only certain documents or excerpts therefrom. The Court is in receipt of this e-mail. (See ECF No. 33.) Plaintiffs, however, also sent an unauthorized ex parte e-mail communication that is not before the Court. (no document attached) (smm)
March 3, 2017 Opinion or Order Filing 33 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 3/3/2017, the Court received a joint voicemail message from the parties requesting the Court's assistance with unidentified discovery disputes concerning plaintiff's interrogatories, requests for production, ESI requests, and Fed. R. Civ. P. 30(b)(6) deposition notice. The Court hereby SETS a telephonic, counsel-only Discovery Conference for Tuesday, 3/7/2017, at 2:45 PM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. However, the Court will only address discovery disputes to the extent that the meet and confer requirement has been fully satisfied. Accordingly, no later than 10:30 AM on 3/7/2017, the parties are directed to conclude a meet and confer by telephone and LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov ONLY the following: (1) an excerpt of only the relevant interrogatories, requests, notices, and responses for which the meet and confer requirement has been fully satisfied and remain at issue (including any material definitions and general objections); and (2) an excerpt of only Defendant's most recent proposed compromises previously communicated to Plaintiff with respect to the relevant interrogatories, requests, notices, and responses. Beyond lodging these requested documents, the parties are reminded that the efile e-mail address for Judge Burkhardt is not to be utilized to communicate with the Court unless otherwise permitted or when communications are solicited by the Court. (no document attached) (smm)
February 14, 2017 Opinion or Order Filing 32 ORDER Granting Joint #31 Motion and Entering Stipulated Protective Order Regarding Confidentiality and Return of Documents. Signed by Magistrate Judge Jill L. Burkhardt on 2/14/17. (dlg)
February 13, 2017 Opinion or Order Filing 31 Joint MOTION for Protective Order by FCA US LLC. (Attachments: #1 Proof of Service)(Boniske, Edwin) (dlg).
February 13, 2017 Opinion or Order Filing 30 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The parties are directed to review Section V of Judge Burkhardt's Civil Chambers Rules and Sections 2.f.4 and 2.h of the Electronic Case Filing Administrative Policies and Procedures Manual (available on the District Court's website) regarding the requirements for filing a joint motion and lodging a proposed protective order that complies with chambers and local rules. The Court received an e-mail dated 2/10/2017 from the parties with the following subject line: "16cv1617 Stipulated Protective Order Regarding Confidentiality and Return of Documents [IWOV-WORKSITE.FID802628]." However, the 2/10/2017 e-mail was not read or considered by Magistrate Judge Burkhardt as no motion for entry of a protective order is pending.(no document attached) (smm)
January 19, 2017 Opinion or Order Filing 29 NOTICE of Appearance by Tarek H. Zohdy on behalf of Adam Tavitian, Carlos Victorino (Zohdy, Tarek)Attorney Tarek H. Zohdy added to party Adam Tavitian(pty:pla), Attorney Tarek H. Zohdy added to party Carlos Victorino(pty:pla)(acc).
January 19, 2017 Opinion or Order Filing 28 NOTICE of Appearance by Karen Lynn Wallace on behalf of Adam Tavitian, Carlos Victorino (Wallace, Karen)Attorney Karen Lynn Wallace added to party Adam Tavitian(pty:pla), Attorney Karen Lynn Wallace added to party Carlos Victorino(pty:pla)(acc).
January 19, 2017 Opinion or Order Filing 27 NOTICE of Appearance by Cody R. Padgett on behalf of Adam Tavitian, Carlos Victorino (Padgett, Cody)Attorney Cody R. Padgett added to party Adam Tavitian(pty:pla), Attorney Cody R. Padgett added to party Carlos Victorino(pty:pla)(acc).
January 10, 2017 Opinion or Order Filing 26 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: A Mandatory Settlement Conference shall be conducted on November 30, 2017 at 1:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt. Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by February 16, 2018. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on February 23, 2018 at 1:30pm. Signed by Magistrate Judge Jill L. Burkhardt on 1/10/17.(dlg) (jao).
January 10, 2017 Opinion or Order Filing 25 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Early Neutral Evaluation Conference held on 1/10/2017. The case did not settle. Telephonic Case Management Conference held on 1/10/2017. Scheduling order to follow. Counsel are reminded that, pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual, local rules, and chambers rules, EACH attorney practicing in this court MUST register for an electronic filing account in this district and, if not already listed on the relevant case docket(s) as an "ATTORNEY TO BE NOTICED," then each attorney must also separately e-file a notice of attorney appearance through his/her own electronic filing account for this district. All attorneys in good standing must register for electronic filing through the CM/ECF system by completing the on-line registration form on this court's website at www.casd.uscourts.gov. (Plaintiff Attorney Jordan L Lurie; Tarek H. Zohdy; Ral Prez). (Defendant Attorney Edwin Mendelson Boniske; Stephen Anthony D'Aunoy). (no document attached) (smm)
January 3, 2017 Opinion or Order Filing 24 JOINT DISCOVERY PLAN by Adam Tavitian, Carlos Victorino (Lurie, Jordan) (dlg).
December 8, 2016 Opinion or Order Filing 23 NOTICE Notice of Courts Notice and Order: (1) For Telephonic Counsel-Only Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference by Adam Tavitian, Carlos Victorino re #22 Notice and Order for Early Neutral Evaluation conference, (Lurie, Jordan) (dlg).
December 6, 2016 Opinion or Order Filing 22 NOTICE AND ORDER for Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Case Management Conference. Early Neutral Evaluation set for 1/10/2017 11:30 AM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 1/10/2017 11:30 AM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 12/6/16.(dlg)
December 5, 2016 Opinion or Order Filing 21 ANSWER to #1 Complaint, with Jury Demand by FCA US LLC.(Low, William) (dlg).
November 10, 2016 Opinion or Order Filing 20 ORDER Granting Joint #19 Motion to Extend Time for Defendant to Answer Plaintiffs' Complaint. Defendant FCA US LLC respond to Plaintiff's Complaint on or before December 5, 2016. Signed by Judge Gonzalo P. Curiel on 11/10/16. (dlg)
November 9, 2016 Opinion or Order Filing 19 Joint MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by FCA US LLC. (Boniske, Edwin) (dlg).
November 1, 2016 Opinion or Order Filing 18 ORDER Denying Defendant's #12 Motion to Dismiss. The hearing set for November 4, 2016 shall be vacated. Signed by Judge Gonzalo P. Curiel on 11/1/16. (dlg) (jao).
October 21, 2016 Opinion or Order Filing 17 REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim filed by FCA US LLC. (Attachments: #1 Declaration of Kathy A. Wisniewski in Support of Reply Memorandum, #2 Notice of Lodgment of Exhibits in Support of Reply Memorandum)(Boniske, Edwin) qc email, incorrect filer. Attorney should withdraw and refile with proper signature/CM login (dlg).
October 7, 2016 Opinion or Order Filing 16 REQUEST FOR JUDICIAL NOTICE by Adam Tavitian, Carlos Victorino re #15 Response in Opposition to Motion, Plaintiffs Request for Judicial Notice in Support of Opposition to Motion to Dismiss (Friedl, Robert)Attorney Robert Kenneth Friedl added to party Adam Tavitian(pty:pla), Attorney Robert Kenneth Friedl added to party Carlos Victorino(pty:pla) (ag).
October 7, 2016 Opinion or Order Filing 15 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim Memorandum of Points and Authorities in Opposition to Motion to Dismiss Class Action Complaint filed by Adam Tavitian, Carlos Victorino. (Friedl, Robert) (ag).
September 12, 2016 Opinion or Order Filing 14 NOTICE of Change of Address by Jordan L Lurie (Lurie, Jordan) qc email missing certificate of service (dlg).
August 22, 2016 Opinion or Order Filing 13 ORDER Setting Briefing Schedule re #12 MOTION to Dismiss for Failure to State a Claim : Any opposition shall be filed on or before October 7, 2016. Any reply shall be filed on or before October 21, 2016. A hearing is set on November 4, 2016 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/22/16.(dlg)
August 18, 2016 Opinion or Order Filing 12 MOTION to Dismiss for Failure to State a Claim by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Boniske, Edwin) (aef) QC email for attorney to submit courtesy copies to Chambers (dlg).
July 28, 2016 Opinion or Order Filing 11 PRO HAC APPROVED: Kathleen Ann Wisniewski appearing for Defendant FCA US LLC. (no document attached) (aef)
July 28, 2016 Opinion or Order Filing 10 PRO HAC APPROVED: Stephen Anthony D'Aunoy appearing for Defendant FCA US LLC. (no document attached) (aef)
July 28, 2016 Opinion or Order Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9276125.) (Application to be reviewed by Clerk.) (D'Aunoy, Stephen) (aef).
July 28, 2016 Opinion or Order Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9276057.) (Application to be reviewed by Clerk.) (Wisniewski, Kathleen)(aef).
July 21, 2016 Opinion or Order Filing 7 NOTICE of Appearance by William M Low on behalf of FCA US LLC (Attachments: #1 Proof of Service)(Low, William)Attorney William M Low added to party FCA US LLC(pty:dft) qc email sent informing attorney he needs to add any extra email addresses through utilities (dlg).
July 13, 2016 Opinion or Order Filing 6 Corporate Disclosure Statement by FCA US LLC. (Boniske, Edwin) (dlg). (jao).
July 13, 2016 Opinion or Order Filing 5 ORDER Granting #4 Stipulation and Joint Motion to Extend Time for Defendant to Respond to Plaintiff's Complaint. Defendant FCA US LLC shall respond to the Complaint on or before 8/18/2016. Signed by Judge Gonzalo P. Curiel on 7/13/2016. (dls)
July 12, 2016 Opinion or Order Filing 4 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by FCA US LLC. (Attachments: #1 Proposed Order)(Boniske, Edwin)Attorney Edwin Mendelson Boniske added to party FCA US LLC(pty:dft) Modified on 7/13/2016-QC mailer sent re proposed orders should not be attached (aef).
July 7, 2016 Opinion or Order Filing 3 SUMMONS Returned Executed by Carlos Victorino, Adam Tavitian. FCA US LLC served. (Lurie, Jordan) (knb).
June 27, 2016 Opinion or Order Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)
June 24, 2016 Opinion or Order Filing 1 COMPLAINT with Jury Demand against FCA US LLC ( Filing fee $ 400 receipt number 0974-9184781.), filed by Carlos Victorino, Adam Tavitian. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:16-cv-1617-GPC-JLB. Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Lurie, Jordan)(fth) (sjt).

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Search for this case: Victorino et al v. FCA US LLC
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Defendant: FCA US LLC
Represented By: Scott H Morgan
Represented By: Kathleen Ann Wisniewski
Represented By: Thomas L. Azar, Jr.
Represented By: Jan Paul Miller
Represented By: William M Low
Represented By: Stephen Anthony D'Aunoy
Represented By: Edwin Mendelson Boniske
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Plaintiff: Victorino
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Plaintiff: Adam Tavitian
Represented By: Robert Kenneth Friedl
Represented By: Tarek H. Zohdy
Represented By: Jordan L. Lurie
Represented By: Cody R. Padgett
Represented By: Karen Lynn Wallace
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Plaintiff: Carlos Victorino
Represented By: Steven Richard Weinmann
Represented By: Robert Kenneth Friedl
Represented By: Tarek H. Zohdy
Represented By: Trisha K. Monesi
Represented By: Jordan L. Lurie
Represented By: Cody R. Padgett
Represented By: Mark Alan Ozzello
Represented By: Karen Lynn Wallace
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