Victorino et al v. FCA US LLC
| Victorino, Adam Tavitian and Carlos Victorino |
| FCA US LLC |
| 3:2016cv01617 |
| June 24, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jill L Burkhardt |
| Gonzalo P Curiel |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 437
Order Granting Preliminary Approval of Class Action Settlement (Dkt. No #431 ) Fairness Hearing set for 9/29/2023 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 5/5/23. (jmo)
|
|
Filing 436
NOTICE of Filing of Revised Long Form Notice ISO Preliminary Approval Pursuant to Court Order by Carlos Victorino re #431 MOTION for Settlement [Motion for Preliminary Approval of Class Action Settlement] (Attachments: #1 Exhibit A - Revised Long Form Notice)(Goolsby, Laura) (jmo).
|
|
Filing 435
Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 4/21/2023 re Motion for Preliminary Approval of Class Action Settlement (ECF No. #431 ). Parties to file a proposed amended notice by 5/5/2023. The Court to issue a written order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Laura Ellen Goolsby (by phone) and Ryan Wu). (Defendant Attorney Thomas Azar and Edwin Mendelson Boniske). (no document attached) (ajs)
|
|
Filing 434
Order Granting in Part Unopposed Motion to Appear Remotely at Hearing on Plaintiff's Motion for Preliminary Approval of Class Action Settlement #433 . Signed by Judge Gonzalo P. Curiel on 4/18/23. (jmo)
|
|
Filing 433
MOTION for Leave to Appear Remotely [Unopposed Motion to Appear Remotely at Hearing on Plaintiff's Motion for Preliminary Approval of Class Action Settlement] by Carlos Victorino. (Zohdy, Tarek) (jmo).
|
|
Filing 432
NOTICE of Appearance by Ryan Wu, I on behalf of Carlos Victorino (Wu, Ryan)Attorney Ryan Wu, I added to party Carlos Victorino(pty:pla) (jmo).
|
|
Filing 431
MOTION for Settlement [Motion for Preliminary Approval of Class Action Settlement] by Carlos Victorino. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Tarek H. Zohdy in Support of Motion for Preliminary Approval of Class Action Settlement, #3 Exhibit 1 to Declaration of Tarek H. Zohdy - Settlement Agreement, #4 Exhibit A to Settlement Agreement - Short Form, #5 Exhibit B to Settlement Agreement - Long Form Notice, #6 Exhibit C to Settlement Agreement - Order Granting Preliminary Approval of Settlement, #7 Exhibit 2 to Declaration of Tarek H. Zohdy - Capstone Law Firm Resume, #8 Declaration of Paul R. Kiesel in Support of Motion for Preliminary Approval of Class Action Settlement, #9 Exhibit 1 to Declaration of Paul R. Kiesel - Kiesel Law Firm Resume)(Zohdy, Tarek) (jmo).
|
|
Filing 430
Order Granting Joint Motion to Continue Deadline for Motion for Preliminary Approval of Settlement (ECF No. #429 ). The Court hereby orders that Plaintiff must contact the Court for a hearing date on his Motion for Preliminary Approval of Settlement on or before 2/17/23. Signed by Judge Gonzalo P. Curiel on 12/23/22. (jmo)
|
|
Filing 429
Joint MOTION to Continue Deadline for Motion for Preliminary Approval of Settlement by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 428
Order Granting Joint Motion to Vacate all Dates. The Motion for Preliminary Approval of Settlement shall be filed with the Court on or before 1/3/23. Signed by Judge Gonzalo P. Curiel on 10/4/22.(jmo)
|
|
Filing 427
NOTICE of Settlement and Joint Motion to Stay or Vacate by Carlos Victorino (Goolsby, Laura) (jmo).
|
|
Filing 426
Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Settlement Conference held on 9/27/2022. The parties reached a conditional settlement. (Plaintiff Attorneys Tarek H. Zohdy, Raul Perez, Laura Ellen Goolsby, Paul Robert Kiesel, Jeffrey A. Koncius, Kevin Daniel Zipser, Cody R. Padgett) (Defendant Attorney Stephen Anthony D'Aunoy) (Carlos Victorino, Susan Allen) (no document attached) (mjsn)
|
|
Filing 425
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Upon joint request of the parties, the Court hereby SETS a video Settlement Conference for 9/27/2022, at 1:45 PM before Judge Burkhardt. No later than 9/21/2022, the parties shall LODGE Settlement Conference statements which comply with Section III.C. of Judge Burkhardt's Civil Chambers Rules by e-mailing them to efile_Burkhardt@casd.uscourts.gov. For purposes of the conference, the Court shall use its official ZoomGov video conferencing account. Prior to the start of the conference, the Court will e-mail all individuals identified in the parties' statements an invitation.(cxe)
|
|
Filing 424
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/19/2022, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber Chari L. Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. (smy1)(jrd)
|
|
Filing 423
Order Denying Defendant's Motion in Limine No. 6 (Dkt. No. #405 ). Signed by Judge Gonzalo P. Curiel on 8/25/22. (jmo)
|
|
Filing 422
Minute Order. for proceedings held before Judge Gonzalo P. Curiel: Motion In Limine Hearing held on 8/19/2022. Defendant's In Limine Motion to Preclude Undisclosed Expert Opinions (MIL No. 1) (ECF No. #400 ) is DENIED. Defendant's In Limine Motion to Preclude Unpleaded Theories of Implied Warranty (MIL No. 2) (ECF No. #401 ) is DENIED. Defendant's In Limine Motion to Preclude Irrelevant Recalls, Defects, or Problems with Other Vehicles (MIL No. 3) (ECF No. #402 ) is DENIED. Defendant's In Limine Motion to Preclude Elements of Claims Previously Dismissed (MIL No. 4) (ECF No. #403 ) is DENIED. Defendant's In Limine Motion to Preclude Use of the Term "Lemon" to Refer to Subject Vehicles (MIL No. 5) (ECF No. #404 ) is GRANTED IN PART AND DENIED IN PART. Defendant's In Limine Motion to Preclude Evidence Regarding Class Members Who No Longer Own a Class Vehicle (MIL No. 6) (ECF No. #405 ) is DEFERRED. Plaintiff's In Limine Motion to Exclude or Limit the Testimony of FCA Witnesses Charles Pajtas, Jeffrey Sawruck, and Michael Gapski as Unnecessarily Duplicative/Cumulative (MIL No. 1)(ECF No. #406 ) is DENIED. Plaintiff's In Limine Motion to Exclude Witnesses Not Disclosed in Discovery (MIL No. 2)(ECF No. #407 ) is DENIED with leave to depose witnesses before trial. Plaintiff's In Limine Motion to Exclude Argument or Evidence Referencing Improper Legal Standards (MIL No. 3)(ECF No. #408 ) is DENIED. Plaintiff's In Limine Motion to Exclude Argument or Evidence Regarding the Interior or Exterior Condition of Plaintiff's Vehicle (MIL No. 4)(ECF No. #409 ) is GRANTED. Plaintiff's In Limine Motion to Exclude or Limit the Opinions and Testimony of FCA Witness Robert Benson (MIL No. 5)(ECF No. #410 ) is DENIED. Jury Trial set for 10/11/2022 08:30 AM in Courtroom 2D before Judge Gonzalo P. Curiel is CONFIRMED. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Jeffrey A Koncius; Kevin Daniel Zipser; Laura Ellen Goolsby; Tarek H. Zohdy).(Defendant Attorney Edwin Mendelson Boniske; Stephen Anthony D'Aunoy). (no document attached) (ajs)
|
|
Filing 421
RESPONSE in Opposition re #405 In Limine MOTION to Preclude Evidence Regarding Class Members Who No Longer Own a Class Vehicle filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 420
RESPONSE in Opposition re #404 In Limine MOTION to Preclude Use of the Term "Lemon" to Refer to Subject Vehicles filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 419
RESPONSE in Opposition re #403 In Limine MOTION to Preclude Elements of Claims Previously Dismissed filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 418
RESPONSE in Opposition re #402 In Limine MOTION to Preclude Irrelevant Recalls, Defects, or Problems with Other Vehicles (MIL No. 3) filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 417
RESPONSE in Opposition re #401 In Limine MOTION to Preclude Unpleaded Theories of Implied Warranty (MIL No. 2) filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 416
RESPONSE in Opposition re #400 In Limine MOTION to Preclude Undisclosed Expert Opinions (MIL No. 1) filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 415
RESPONSE in Opposition re #410 In Limine MOTION to Exclude or Limit the Opinions and Testimony of FCA Witness Robert Benson [No. 5 of 5] filed by FCA US LLC. (Attachments: #1 Declaration of Thomas Azar Jr. ISO Opposition to Plaintiff's MIL No. 5, #2 Exhibit A to Azar Declaration, #3 Exhibit B to Azar Declaration)(Boniske, Edwin) (jmo).
|
|
Filing 414
RESPONSE in Opposition re #409 In Limine MOTION to Exclude Argument or Evidence Regarding the Interior or Exterior Condition of Plaintiff's Vehicle [No. 4 of 5] filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 413
RESPONSE in Opposition re #408 In Limine MOTION to Exclude Argument or Evidence Referencing Improper Legal Standards [No. 3 of 5] filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 412
RESPONSE in Opposition re #407 In Limine MOTION to Exclude Witnesses Not Disclosed in Discovery [No. 2 of 5] filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 411
RESPONSE in Opposition re #406 In Limine MOTION to Exclude or Limit the Testimony of FCA Witnesses Charles Pajtas, Jeffrey Sawruck, and Michael Gapski as Unnecessarily Duplicative/Cumulative [No. 1 of 5] filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 410
In Limine MOTION to Exclude or Limit the Opinions and Testimony of FCA Witness Robert Benson [No. 5 of 5] by Carlos Victorino. (Attachments: #1 Declaration of Laura E. Goolsby in Support of Plaintiff's Motion in Limine to Exclude or Limit the Opinions and Testimony of FCA Witness Robert Benson, #2 Exhibit A to the Declaration of Laura E. Goolsby, #3 Exhibit B to the Declaration of Laura E. Goolsby)(Goolsby, Laura) (dlg).
|
|
Filing 409
In Limine MOTION to Exclude Argument or Evidence Regarding the Interior or Exterior Condition of Plaintiff's Vehicle [No. 4 of 5] by Carlos Victorino. (Goolsby, Laura) (dlg).
|
|
Filing 408
In Limine MOTION to Exclude Argument or Evidence Referencing Improper Legal Standards [No. 3 of 5] by Carlos Victorino. (Goolsby, Laura) (dlg).
|
|
Filing 407
In Limine MOTION to Exclude Witnesses Not Disclosed in Discovery [No. 2 of 5] by Carlos Victorino. (Goolsby, Laura) (dlg).
|
|
Filing 406
In Limine MOTION to Exclude or Limit the Testimony of FCA Witnesses Charles Pajtas, Jeffrey Sawruck, and Michael Gapski as Unnecessarily Duplicative/Cumulative [No. 1 of 5] by Carlos Victorino. (Goolsby, Laura) (dlg).**QC Mailer on 8/9/2022 to request courtesy copies to Chambers for Docket 406-409** (jmo).
|
|
Filing 405
In Limine MOTION to Preclude Evidence Regarding Class Members Who No Longer Own a Class Vehicle by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 404
In Limine MOTION to Preclude Use of the Term "Lemon" to Refer to Subject Vehicles by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 403
In Limine MOTION to Preclude Elements of Claims Previously Dismissed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 402
In Limine MOTION to Preclude Irrelevant Recalls, Defects, or Problems with Other Vehicles (MIL No. 3) by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 401
In Limine MOTION to Preclude Unpleaded Theories of Implied Warranty (MIL No. 2) by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 400
In Limine MOTION to Preclude Undisclosed Expert Opinions (MIL No. 1) by FCA US LLC. (Boniske, Edwin) (dlg). **QC Mailer 8/9/2022 to send courtesy copies of docket 400-405 to Chambers** (jmo).
|
|
Filing 399
Order: 1) Denying Plaintiff's Motion to Associate Kiesel Law LLP as Co-Trial Counsel; 2) Granting Plaintiff's Motion to Appoint Kiesel Law LLP as Co-Class Counsel; and 3) Granting Defendant's Motion for Order Requiring Corrective Class Notice (Dkt. Nos. #388 , #390 ). Plaintiff shall issue an amended notice as soon as practicable. The hearing set on 4/22/22 shall be vacated. Signed by Judge Gonzalo P. Curiel on 4/14/22. (jmo)
|
|
Filing 398
REPLY to Response to Motion re #390 MOTION to Appoint Counsel as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel filed by Carlos Victorino. (Goolsby, Laura) (jmo).
|
|
Filing 397
REPLY to Response to Motion re #388 MOTION for Order Requiring Corrective Class Notice filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 396
RESPONSE in Opposition re #388 MOTION for Order Requiring Corrective Class Notice filed by Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy in Support of Plaintiff's Opposition to FCA US LLC's Motion for Order Requiring Corrective Class Notice, #2 Exhibit 1 - 10.14.2021 Email to Defense Counsel re Notices, #3 Exhibit 2 - 10.15.2021 Email to Defense Counsel re Long Form Notice Typo, #4 Exhibit 3 - 12.07.2021 Email from Defense Counsel re Status of Mailing, #5 Exhibit 4 - 12.07.2021 Emails to CPT to Add Defense Counsel and Attaching Status Report, #6 Exhibit 5 - 12.03.2021 Status Report, #7 Exhibit 6 - 1.10.2022 Email from Defense Counsel re Declaration, #8 Exhibit 7 - 1.10.2022 Email to Defense Counsel Explaining Number)(Zohdy, Tarek) (jmo).
|
|
Filing 395
RESPONSE in Opposition re #390 MOTION to Appoint Counsel as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel filed by FCA US LLC. (Boniske, Edwin) (jmo).
|
|
Filing 394
Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Final Pretrial Conference held on 3/18/2022. Motion In Limine Hearing set for 8/19/2022 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Jury Trial set for 10/11/2022 at 08:30 AM in Courtroom 2D before Judge Gonzalo P. Curiel. The Court to issue written scheduling order.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Tarek H. Zohdy, Paul Robert Kiesel). (Defendant Attorney Stephen Anthony D'Aunoy, William M Low, Jan Paul Miller, Edwin Mendelson Boniske). (no document attached) (ajs)
|
|
Filing 393
PRETRIAL ORDER. Signed by Judge Gonzalo P. Curiel on 3/18/22.(jmo) (Additional attachment(s) added on 3/22/2022: #1 Defendant FCA US LLC's Objections to Plaintiff Carlos Victorino's Pretrial Disclosures, #2 Plainitiff's Objections to Defendant's Pretrial Disclosures) (jmo). Modified on 3/22/2022 to regenerate NEF to parties (jmo).
|
|
Filing 392
Jury Trial Preparation and Scheduling Order. Jury Trial set for 10/11/2022 at 08:30 AM in Courtroom 2D before Judge Gonzalo P. Curiel. The trial will last approximately four days. Motion In Limine Hearing set for 8/19/2022 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. All motions in limine must be filed and served on or before 8/5/22. Written oppositions to motions in limine, if any, must be filed and served on or before 8/12/22. No replies shall be filed. Signed by Judge Gonzalo P. Curiel on 3/18/22.(jmo)
|
|
Filing 391
ORDER Setting Briefing Schedule re #390 . Any opposition shall be filed on or before 4/1/2022. Any reply shall be filed on or before 4/8/2022. A hearing is set on 4/22/22 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/17/22.(jmo)
|
|
Filing 390
MOTION to Appoint Counsel as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel by Carlos Victorino. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiff's Motion to Associate Kiesel Law LLP as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel, #2 Declaration of Tarek H. Zohdy in Support of Plaintiff's Motion to Associate Kiesel Law LLP as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel, #3 Declaration of Paul R. Kiesel in Support of Plaintiff's Motion to Associate Kiesel Law LLP as Co-Trial Counsel or, in the Alternative, Appoint Kiesel Law LLP as Co-Class Counsel, #4 Exhibit 1 to Declaration oModified on 3/17/2022 (jmo).
|
|
Filing 389
ORDER Setting Briefing Schedule re #388 . Any opposition shall be filed on or before 4/1/2022. Any reply shall be filed on or before 4/8/2022. The hearing set on 6/10/22 shall be rescheduled to 4/22/2022 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 3/10/22.(jmo)
|
|
Filing 388
MOTION for Order Requiring Corrective Class Notice by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen D'Aunoy in Support of Motion, #3 Exhibit A to Declaration of Stephen D'Aunoy)(Boniske, Edwin) (jmo).
|
|
Filing 387
Corporate Disclosure Statement by FCA US LLC identifying Other Affiliate FCA North America Holdings LLC, Other Affiliate FCA Foreign Sales Holdco Ltd. (UK), Other Affiliate SFS UK1 Limited (UK), Other Affiliate Stellantis N.V. (f/k/a Fiat Chrysler Automobiles N.V.) for FCA US LLC.. (Boniske, Edwin) (jmo).
|
|
Filing 386
NOTICE of Appearance by Kevin Daniel Zipser on behalf of Carlos Victorino (Zipser, Kevin)Attorney Kevin Daniel Zipser added to party Carlos Victorino(pty:pla) (axc).
|
|
Filing 385
NOTICE of Appearance by Jeffrey A Koncius on behalf of Carlos Victorino (Koncius, Jeffrey)Attorney Jeffrey A Koncius added to party Carlos Victorino(pty:pla) (dlg).
|
|
Filing 384
NOTICE of Appearance by Paul Robert Kiesel on behalf of Carlos Victorino (Kiesel, Paul)Attorney Paul Robert Kiesel added to party Carlos Victorino(pty:pla) (dlg).
|
|
Filing 383
Pretrial Disclosures by Carlos Victorino (Goolsby, Laura) (dlg).
|
|
Filing 382
Pretrial Disclosures by FCA US LLC (Boniske, Edwin) (dlg).
|
|
Filing 381
ORDER of USCA as to the Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f) filed by FCA US LLC. The court, in its discretion, denies the petition for permission to appeal the USDC's September 9, 2021 order. (akr)
|
|
Filing 380
ORDER Setting Pretrial Dates. Proposed Pretrial Order due by 3/11/2022. Final Pretrial Conference set for 3/18/2022 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 1/13/22.(dlg)
|
|
Filing 379
STATUS REPORT re Class Notice by Carlos Victorino. (Attachments: #1 Exhibit A - Declaration of Tarus Dancy Regarding CPT's Notification and Opt Out Procedure)(Zohdy, Tarek) (dlg).
|
|
Filing 378
USCA Case Number 21-80099 for the Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f) filed by FCA US LLC. (akr)
|
|
Filing 377
ORDER Denying #370 Motion to Decertify Class. The hearing set on September 17, 2021 shall be vacated. Signed by Judge Gonzalo P. Curiel on 9/9/21. (dlg)
|
|
Filing 376
REPLY to Response to Motion re #370 MOTION to Decertify Based on New Supreme Court and Ninth Circuit Precedent filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 375
NOTICE of Appearance by Laura Ellen Goolsby on behalf of Carlos Victorino (Goolsby, Laura)Attorney Laura Ellen Goolsby added to party Carlos Victorino(pty:pla) (dlg).
|
|
Filing 374
RESPONSE in Opposition re #370 MOTION to Decertify Based on New Supreme Court and Ninth Circuit Precedent filed by Carlos Victorino. (Padgett, Cody) (dlg).
|
|
Filing 373
ORDER Granting Unopposed #372 Motion to Appoint CPT Group as Class Administrator. Signed by Judge Gonzalo P. Curiel on 8/17/21. (dlg)
|
|
Filing 372
MOTION for Order to Appoint CPT Group as Class Administrator by Adam Tavitian, Carlos Victorino. (Padgett, Cody) (dlg).
|
|
Filing 371
ORDER Setting Briefing Schedule re #370 MOTION to Decertify Based on New Supreme Court and Ninth Circuit Precedent : Responses due by 8/20/2021, Replies due by 9/3/2021. Motion Hearing reset for 9/17/2021 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 7/27/2021.(jmr)
|
|
Filing 370
MOTION to Decertify Based on New Supreme Court and Ninth Circuit Precedent by FCA US LLC. (Attachments: #1 Memo of Points and Authorities)(Boniske, Edwin) (dlg).
|
|
Filing 369
NOTICE of Withdrawal of Steven R. Weinmann as Counsel of Record for Plaintiff Carlos Victorino by Carlos Victorino (Attachments: #1 Declaration In Support of Notice of Withdrawal of Steven R. Weinmann as Counsel of Record for Plaintiff Victorino, #2 Proof of Service for Notice of Withdrawal of Steven R. Weinmann as Counsel of Record for Plaintiff Victorino)(Zohdy, Tarek) (dlg).
|
|
Filing 368
ORDER #367 re DMV Release of Class Member Information and Re Protocol for Class Member Exclusions. Signed by Judge Gonzalo P. Curiel on 3/11/21. (dlg)
|
|
Filing 367
MOTION for Order re DMV Release of Class Member Contact Information and re Protocol for Class Member Exclusions by Carlos Victorino. (Weinmann, Steven)
|
|
Filing 366
ORDER Denying Defendant's #355 Motion for Reconsideration. Signed by Judge Gonzalo P. Curiel on 2/8/21. (dlg)
|
|
Filing 365
Minute ORDER, re MOTION for Reconsideration re #348 Order on Motion for Order, Order on Motion for Miscellaneous (Other 1),of May 8, 2020 Order Denying Motion to Modify Class Definition - Submitted. Motion Hearing set for 2/12/21 - Vacated. (no document attached) (ksr)
|
|
Filing 364
Corporate Disclosure Statement by FCA US LLC identifying Other Affiliate FCA North America Holdings LLC, Other Affiliate FCA Holdco B.V., Other Affiliate Stellantis N.V. for FCA US LLC.. (Boniske, Edwin) (dlg).
|
|
Filing 363
ORDER Denying #357 Plaintiff's Ex Parte Motion for Status Hearing. Signed by Judge Gonzalo P. Curiel on 1/6/21. (dlg)
|
|
Filing 362
REPLY to Response to Motion re #355 MOTION for Reconsideration re #348 Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 1), of May 8, 2020 Order Denying Motion to Modify Class Definition filed by FCA US LLC. (Boniske, Edwin) (mme).
|
|
Filing 361
RESPONSE in Support re #357 Ex Parte MOTION for Hearing (Ex Parte Motion to Set a Status Conference) filed by Carlos Victorino. (Weinmann, Steven) (jmr).
|
|
Filing 360
RESPONSE in Opposition re #357 Ex Parte MOTION for Hearing (Ex Parte Motion to Set a Status Conference) filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in support of FCA US LLC's Opposition to Plaintiff's Ex Parte Motion to set a Status Conference)(Boniske, Edwin) (jmr).
|
|
Filing 359
RESPONSE in Opposition re #355 MOTION for Reconsideration re #348 Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 1), of May 8, 2020 Order Denying Motion to Modify Class Definition (PLAINTIFFS OPPOSITION TO MOTION FOR RECONSIDERATION OF MAY 8, 2020 ORDER DENYING MOTION TO MODIFY CLASS DEFINITION) filed by Carlos Victorino. (Weinmann, Steven) (dlg).
|
|
Filing 358
NOTICE of Intent to Oppose Plaintiffs' Ex Parte Motion to Set a Status Conference by FCA US LLC re #357 Ex Parte MOTION for Hearing (Ex Parte Motion to Set a Status Conference) (Boniske, Edwin)
|
|
Filing 357
Ex Parte MOTION for Hearing (Ex Parte Motion to Set a Status Conference) by Carlos Victorino. (Attachments: #1 Declaration of Steven R. Weinmann in Support of Plaintiff's Ex Parte Motion to Set a Status Conference, #2 Exhibit 1 - Email Dated 10/28/2020, #3 Exhibit 2 - Email Dated 10/30/2020, #4 Exhibit 3 - Email Dated 11/9/2020, #5 Exhibit 4 - Email Dated 11/13/2020, #6 Exhibit 5 - Email Dated 12/2/2020, #7 Exhibit 6 - Email Dated 12/4/2020, #8 Exhibit 7 - Email Dated 12/4/2020, #9 Exhibit 8 - Email Dated 12/9/2020, #10 Exhibit 9 - Email Dated 12/9/2020, #11 Exhibit 10 - Email Dated 12/10/2020, #12 Exhibit 11 - Email Dated 12/11/2020, #13 Exhibit 12 - Email Dated 12/15/2020, #14 Exhibit 13 - Email Dated 12/16/2020, #15 Exhibit 14 - Email Dated 12/16/2020, #16 Exhibit 15 - Email Dated 12/17/2020, #17 Exhibit 16 - Joint Motion for Order re DMV Release of Contact Information and Exclusions)(Weinmann, Steven) (dlg).
|
|
Filing 356
ORDER Setting Briefing Schedule re #355 MOTION for Reconsideration re #348 Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 1), of May 8, 2020 Order Denying Motion to Modify Class Definition : Responses due by 12/21/2020, Replies due by 1/4/2021. A hearing is set on February 12, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/1/20.(dlg)
|
|
Filing 355
MOTION for Reconsideration re #348 Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 1), of May 8, 2020 Order Denying Motion to Modify Class Definition by FCA US LLC. (Attachments: #1 Memo of Points and Authorities)(Boniske, Edwin) (dlg).
|
|
Filing 354
ORDER of USCA as to the Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f) filed by FCA US LLC. The petition for permission to appeal the USDC's May 8, 2020 order is denied. (akr)
|
|
Filing 353
ORDER granting in part #350 Renewed Motion for Order for Approval of Proposed Class Notice and Notice Plan. Signed by Judge Gonzalo P. Curiel on 8/27/20. (dlg)
|
|
Filing 352
REPLY to Response to Motion re #350 MOTION for Order Approving Class Notice and Notice Plan (Renewed) filed by Carlos Victorino. (Weinmann, Steven) (dlg).
|
|
Filing 351
OBJECTION by FCA US LLC re #350 MOTION for Order Approving Class Notice and Notice Plan (Renewed) . (Attachments: #1 Declaration)(Boniske, Edwin) (dlg).
|
|
Filing 350
MOTION for Order Approving Class Notice and Notice Plan (Renewed) by Carlos Victorino. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Tarek Zohdy ISO Motion, #3 Exhibit 1 to Zohdy Decl., #4 Exhibit 2 to Zohdy Decl., #5 Exhibit 3 to Zohdy Decl., #6 Exhibit 4 to Zohdy Decl., #7 Declaration of Julie Green ISO Motion)(Weinmann, Steven) qc email, missing hearing date on motion (dlg).
|
|
Filing 349
USCA Case Number 20-80082 for the Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f) filed by FCA US LLC. (akr)
|
|
Filing 348
ORDER Denying Defendant's Motion to Decertify Class and Denying Without Prejudice Plaintiff's Motion for Approval of Proposed Class Notice and Notice Plain ( #332 , #337 , #340 ). The hearing set on May 15, 2020 shall be vacated. Signed by Judge Gonzalo P. Curiel on 5/8/20. (dlg)
|
|
Filing 347
REPLY to Response to Motion re #337 MOTION FCA US LLC's Motion to Decertify or to Modify Class Definition filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 346
RESPONSE re #345 Response in Support of Motion Plaintiffs Response To FCA US LLCs Submission Of Supplemental Authority In Support Of Its Motion To Decertify Or To Modify Class Definition filed by Carlos Victorino. (Zohdy, Tarek) (dlg).
|
|
Filing 345
RESPONSE in Support re #337 MOTION FCA US LLC's Motion to Decertify or to Modify Class Definition filed by FCA US LLC. (Attachments: #1 Exhibit A)(Boniske, Edwin) (dlg)
|
|
Filing 344
REPLY to Response to Motion re #337 MOTION FCA US LLC's Motion to Decertify or to Modify Class Definition filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 343
RESPONSE in Opposition re #340 Ex Parte MOTION for Order Order Striking FCA LLCs Unauthorized Reply, Or In The Alternative, Granting Leave To File Sur-Reply In Response filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 342
RESPONSE in Opposition re #337 MOTION FCA US LLC's Motion to Decertify or to Modify Class Definition filed by Carlos Victorino. (Attachments: #1 Declaration Of Tarek H. Zohdy In Support Of Plaintiffs Opposition To Motion To Decertify Or To Modify Class Definition)(Zohdy, Tarek)
|
|
Filing 341
RESPONSE re #340 Ex Parte MOTION for Order Order Striking FCA LLCs Unauthorized Reply, Or In The Alternative, Granting Leave To File Sur-Reply In Response filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 340
Ex Parte MOTION for Order Order Striking FCA LLCs Unauthorized Reply, Or In The Alternative, Granting Leave To File Sur-Reply In Response by Carlos Victorino. (Attachments: #1 Declaration Of Tarek H. Zohdy In Support Of Plaintiffs Ex Parte Motion For An Order Striking FCA LLCs Unauthorized Reply, Or In The Alternative, Granting Leave To File Sur-Reply In Response)(Zohdy, Tarek) (dlg).
|
|
Filing 339
REPLY - Other re #336 Response in Support of Motion, FCA US LLC's Reply Objections to Plaintiff's Modified Notice Plan and Proposed Form for Class Notice filed by FCA US LLC. (Attachments: #1 Exhibit A, #2 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Reply Objections to Plaintiff's Modified Notice Plan and Proposed Form for Class Notice)(Boniske, Edwin) (dlg).
|
|
Filing 338
ORDER Setting Briefing Schedule re #337 -The Court Orders: Any opposition be filed on or before April 10, 2020. Any reply shall be filed on or before April 17, 2020. A hearing is set on May 15, 2020 at 1:30 p.m. in Courtroom 2D. The Court also continues the motion for approval of class notice and notice plan, (Dkt. No. 332), set for April 3, 2020to May 15, 2020 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/24/20.(dlg)
|
|
Filing 337
MOTION FCA US LLC's Motion to Decertify or to Modify Class Definition by FCA US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael Royek, #3 Exhibit A to Declaration of Michael Royek, #4 Exhibit B to Declaration of Michael Royek, #5 Exhibit C to Declaration of Michael Royek, #6 Declaration of Kathy A. Wisniewski, #7 Exhibit 1 to Declaration of Kathy A. Wisniewski, #8 Exhibit 2 to Declaration of Kathy A. Wisniewski, #9 Exhibit 3 to Declaration of Kathy A. Wisniewski)(Boniske, Edwin) (dlg).
|
|
Filing 336
RESPONSE in Support re #332 MOTION for Order for Approval of Proposed Class Notice and Notice Plan filed by Carlos Victorino. (Attachments: #1 Declaration of Tarek H. Zohdy In Support Of Reply In Support Of Motion For Approval Of Proposed Class Notice and Notice Plan)(Zohdy, Tarek) (dlg).
|
|
Filing 335
ORDER re Motion Hearings. Signed by Judge Gonzalo P. Curiel on 3/19/20.(dlg)
|
|
Filing 334
ORDER Directing Plaintiff to File a Reply re #332 MOTION for Order for Approval of Proposed Class Notice and Notice Plan : The Court directs Plaintiff to file a reply on or before March 23 2020. A hearing is currently set on April 3, 2020 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/17/20.(dlg)
|
|
Filing 333
OBJECTION by FCA US LLC re #332 MOTION for Order for Approval of Proposed Class Notice and Notice Plan . (Boniske, Edwin) (dlg).
|
|
Filing 332
MOTION for Order for Approval of Proposed Class Notice and Notice Plan by Carlos Victorino. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Tarek H. Zohdy In Support of Motion for Approval of Proposed Class Notice and Notice Plan, #3 Declaration of Julie N. Green)(Weinmann, Steven) (dlg).
|
|
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)
|
|
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).
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
Filing 324
USCA Case Number 19-80149 for the Petition for Permission to Appeal under 23(f) filed by FCA US LLC. (akr)
|
|
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).
|
|
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).
|
|
Filing 321
PRO HAC APPROVED: Jan Paul Miller appearing for Defendant FCA US LLC (no document attached) (rmc)
|
|
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).
|
|
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)
|
|
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)
|
|
Filing 317
CERTIFICATE OF SERVICE by Carlos Victorino re #316 Reply to Response to Motion, (Zohdy, Tarek) (dlg).
|
|
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).
|
|
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).
|
|
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)
|
|
Filing 312
CERTIFICATE OF SERVICE by Carlos Victorino re #311 MOTION to Certify Class Plaintiff's Renewed Motion for Class Certification (Zohdy, Tarek) (dlg).
|
|
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).
|
|
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).
|
|
Filing 309
MOTION to File Documents Under Seal (With attachments)(Ozzello, Mark) (dlg).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
Filing 294
CERTIFICATE OF SERVICE by Carlos Victorino re #293 Ex Parte MOTION to Continue the September 14, 2018 Pretrial Conference (Lurie, Jordan) (dlg).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
Filing 288
OBJECTION by FCA US LLC re #278 Pretrial Disclosures of Plaintiff Carlos Victorino. (Boniske, Edwin) (dlg).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 278
Pretrial Disclosures by Carlos Victorino (Lurie, Jordan) (dlg).
|
|
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).
|
|
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).
|
|
Filing 275
Pretrial Disclosures by FCA US LLC (Boniske, Edwin) (dlg).
|
|
Filing 274
USCA Case Number 18-80076 for Petition for Permission to Appeal under 23(f) filed by Carlos Victorino. (akr)
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
Filing 259
NOTICE OF PARTIAL SETTLEMENT by FCA US LLC (Boniske, Edwin) (dlg).
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
Filing 236
ORDER granting #234 Motion to Amend/Correct. Signed by Judge Gonzalo P. Curiel on 5/1/2018. (anh)
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
Filing 219
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #214 MOTION to File Documents Under Seal (Lurie, Jordan) (dlg).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
Filing 214
MOTION to File Documents Under Seal (With attachments)(Zohdy, Tarek) (jjg).
|
|
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)
|
|
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).
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
Filing 204
Minute ORDER, re #151 MOTION for Summary Judgment - Submitted. Motion Hearing set for 2/23/18 - VACATED. (no document attached) (ksr)
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 192
MOTION to File Documents Under Seal (Boniske, Edwin). (jah).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
Filing 187
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #185 Reply to Response to Motion (Zohdy, Tarek) (dlg).
|
|
Filing 186
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #181 MOTION to File Documents Under Seal (Zohdy, Tarek) (dlg).
|
|
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).
|
|
Filing 184
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #183 Response in Opposition to Motion (Padgett, Cody) (rmc).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
Filing 161
OBJECTION by FCA US LLC to Evidence Plaintiffs Submit in Support of Their Motion for Class Certification. (Boniske, Edwin) (dlg).
|
|
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).
|
|
Filing 159
DECLARATION re #156 Response in Opposition to Motion for Class Certification of Kirk Irvine by Defendant FCA US LLC. (Boniske, Edwin) (dlg).
|
|
Filing 158
DECLARATION re #156 Response in Opposition to Motion for Class Certification of Michael Royek by Defendant FCA US LLC. (Boniske, Edwin) (dlg).
|
|
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).
|
|
Filing 156
RESPONSE in Opposition re #140 MOTION to Certify Class Redacted filed by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
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).
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
Filing 147
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #146 Response to Motion (Lurie, Jordan) (dlg).
|
|
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).
|
|
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).
|
|
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)
|
|
Filing 143
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #140 MOTION to Certify Class Redacted (Lurie, Jordan) (dlg).
|
|
Filing 142
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #139 Sealed Lodged Proposed Document (Lurie, Jordan) (dlg).
|
|
Filing 141
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #138 MOTION to File Documents Under Seal (Lurie, Jordan) (dlg).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
Filing 136
ORDER Denying #119 Motion for Reconsideration. Signed by Magistrate Judge Jill L. Burkhardt on 10/12/17. (dlg)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 108
ANSWER to #104 Amended Complaint by FCA US LLC.(Boniske, Edwin) (dlg).
|
|
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).
|
|
Filing 106
*** WITHDRAWN PER ECF 107 *** ANSWER to #104 Amended Complaint by FCA US LLC.(Boniske, Edwin) (dlg).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
Filing 100
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino re #97 MOTION to File Documents Under Seal (Lurie, Jordan). (jah).
|
|
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).
|
|
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).
|
|
Filing 97
MOTION to File Documents Under Seal (With attachments)(Lurie, Jordan). (jah).
|
|
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).
|
|
Filing 94
PRO HAC APPROVED: Scott H Morgan appearing for Defendant FCA US LLC. (no document attached) (kcm)
|
|
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).
|
|
Filing 92
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10162059.) (Morgan, Scott) (kcm).
|
|
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)
|
|
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).
|
|
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).
|
|
Filing 88
CERTIFICATE OF SERVICE by Adam Tavitian, Carlos Victorino OF PROPOSED ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL DISCOVERY (Zohdy, Tarek) (dlg).
|
|
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)
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 62
MOTION to File Documents Under Seal (Boniske, Edwin). (jah).
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 53
MOTION to File Documents Under Seal (With attachments)(Wallace, Karen). (jah).
|
|
Filing 52
MINUTE ORDER denying #36 Motion to Compel. (fth)
|
|
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)
|
|
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).
|
|
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)
|
|
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).
|
|
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).
|
|
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)
|
|
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).
|
|
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)
|
|
Filing 43
PRO HAC APPROVED: Thomas L. Azar, Jr appearing for Defendant FCA US LLC. (no document attached) (kcm)
|
|
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).
|
|
Filing 41
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9933250.) (Application to be reviewed by Clerk.) (Azar, Thomas)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
Filing 31
Joint MOTION for Protective Order by FCA US LLC. (Attachments: #1 Proof of Service)(Boniske, Edwin) (dlg).
|
|
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)
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
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)
|
|
Filing 24
JOINT DISCOVERY PLAN by Adam Tavitian, Carlos Victorino (Lurie, Jordan) (dlg).
|
|
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).
|
|
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)
|
|
Filing 21
ANSWER to #1 Complaint, with Jury Demand by FCA US LLC.(Low, William) (dlg).
|
|
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)
|
|
Filing 19
Joint MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by FCA US LLC. (Boniske, Edwin) (dlg).
|
|
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).
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 14
NOTICE of Change of Address by Jordan L Lurie (Lurie, Jordan) qc email missing certificate of service (dlg).
|
|
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)
|
|
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).
|
|
Filing 11
PRO HAC APPROVED: Kathleen Ann Wisniewski appearing for Defendant FCA US LLC. (no document attached) (aef)
|
|
Filing 10
PRO HAC APPROVED: Stephen Anthony D'Aunoy appearing for Defendant FCA US LLC. (no document attached) (aef)
|
|
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).
|
|
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).
|
|
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).
|
|
Filing 6
Corporate Disclosure Statement by FCA US LLC. (Boniske, Edwin) (dlg). (jao).
|
|
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)
|
|
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).
|
|
Filing 3
SUMMONS Returned Executed by Carlos Victorino, Adam Tavitian. FCA US LLC served. (Lurie, Jordan) (knb).
|
|
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)
|
|
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).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
