Hastings v. Ford Motor Company et al
Plaintiff: David Hastings
Defendant: DOES 1 through 10, Ford Motor Company and Ford of Chula Vista
Case Number: 3:2019cv02217
Filed: November 20, 2019
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: Mitchell D Dembin
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1441 cpl Removal - Contract Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2022 Opinion or Order Filing 137 NOTICE of Appearance Of Counsel by Ariel S. Harman-Holmes on behalf of David Hastings (Harman-Holmes, Ariel)Attorney Ariel S. Harman-Holmes added to party David Hastings(pty:pla) (jmo).
April 11, 2022 Opinion or Order Filing 136 Mail Returned as Undeliverable re #133 Clerk's Judgment. Mail sent to Anh X. Nguyen. (bta)
April 11, 2022 Opinion or Order Filing 135 Mail Returned as Undeliverable re #132 Order on Motion for Summary Judgment, Order on Motion for Leave to File Document. Mail sent to Anh X. Nguyen. (bta)
March 23, 2022 Opinion or Order Filing 134 Mail Returned as Undeliverable re #128 Tentative Order. Mail sent to Anh X. Nguyen. (bta)
March 22, 2022 Opinion or Order Filing 133 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: The Court GRANTS IN PART AND DENIES IN PART Hastings's motion to amend. (ECF No. #87 .) The Court grants Hastings's request to abandon his negligent repairs claim and dismiss Ford of Chula Vista as a party. In all other aspects, the Court denies Hastings's motion to amend his pleading because the requested amendment would be futile. The Court GRANTS Ford's motion for summary judgment.(ECF No. #85 .) The Court dismisses with prejudice Hastings's claims for MMWA breach of express warranty and fraud by omission. The case is hereby closed.(All non-registered users served via U.S. Mail Service)(jmo)
March 22, 2022 Opinion or Order Filing 132 Order: (1) Granting in Part and Denying in part Plaintiff's Motion to Amend (ECF No. #87 ); and (2) Granting Defendant's Motion for Summary Judgment (ECF No. #85 ). Signed by Judge Cynthia Bashant on 3/22/22. (All non-registered users served via U.S. Mail Service)(jmo)
March 21, 2022 Opinion or Order Filing 131 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 3/21/2022 re #85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof] filed by Ford of Chula Vista, Ford Motor Company and #87 MOTION for Leave to File a Second Amended Complaint filed by David Hastings. Motions submitted. Court to issue order. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Dara Tabesh). (Defendant Attorney Stephen Dye). (no document attached) (sxm)
March 14, 2022 Opinion or Order Filing 130 Mail Returned as Undeliverable re #123 Order on Motion to Continue. Mail sent to Anh X. Nguyen. (bta)
March 7, 2022 Opinion or Order Filing 129 NOTICE Regarding Exhibit Attachment by David Hastings re #112 Sealed Lodged Proposed Document (Attachments: #1 Exhibit B to Supplemental Declaration of Dara Tabesh in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment)(Tabesh, Dara) (jmo).
March 4, 2022 Opinion or Order Filing 128 Tentative Order: (1) Granting in Part and Denying in Part Plaintiffs Motion To Amend #87 ; And (2) Granting Defendants Motion for Summary Judgment #85 (All non-registered users served via U.S. Mail Service) (zda)
March 1, 2022 Opinion or Order Filing 125 ORDER ON DEFENDANT'S RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE (ECF No. #124 ). The Court directs the Clerk of the Court to accept and MAINTAIN UNDER SEAL the lodged documents (ECF Nos. 107, 112). The Court ORDERS Plaintiff to file on the public record Exhibit B to the Tabesh Declaration (ECF No. 112 at 944) on or before March 7, 2022. Signed by Judge Cynthia Bashant on 3/1/2022. (fth)
February 25, 2022 Opinion or Order Filing 124 RESPONSE re #120 Order on Motion to File Documents Under Seal,,, filed by Ford Motor Company. (Attachments: #1 Declaration of Jacob Doss in Support of Response by Defendant Ford Motor Company to Plaintiff's Applications to File Documents Under Seal, #2 Declaration of Stephen H. Dye in Support of Response by Defendant Ford Motor Company to Plaintiff's Applications to File Documents Under Seal)(Harlow, Charles) (zda).
February 23, 2022 Opinion or Order Filing 123 Order Granting Joint Motion to Continue Oral Argument (ECF No. #122 ). The Court RESETS the oral argument to Monday, 3/21/2022 at 03:00 PM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 2/23/22. (All non-registered users served via U.S. Mail Service)(jmo)
February 22, 2022 Opinion or Order Filing 122 Joint MOTION to Continue 02/28/2022 Hearings on Defendant's Motion for Summary Judgment and Plaintiff's Motion for Leave to Amend Complaint by David Hastings. (Attachments: #1 Proposed Order)(Haw, Christine) **QC Mailer - reminder to not file proposed orders on the docket (jmo).
February 22, 2022 Opinion or Order Filing 121 NOTICE of Appearance of Counsel by Christine J. Haw on behalf of David Hastings (Haw, Christine)Attorney Christine J. Haw added to party David Hastings(pty:pla) (jmo).
February 15, 2022 Opinion or Order Filing 120 ORDER: (1) Denying Without Prejudice Plaintiff's Applications to File Documents Under Seal (ECF Nos. #106 , #111 ); and (2) Requiring Parties to Show Cause why the Subject Documents Should not be Filed in the Public Record. The parties are ORDERED to meet and confer and respond to this Order on or before February 25, 2022, to avoid an order requiring the subject documents be filed in the public record. Signed by Judge Cynthia Bashant on 2/15/2022. (fth)
February 7, 2022 Opinion or Order Filing 119 Order Setting Oral Argument on Defendants' Motion for Summary Judgment (ECF No. #85 ) and Plaintiff's Motion for Leave to Amend Complaint (ECF No. #87 ). The Court orders the parties to appear on Monday, 2/28/2022 at 03:00 PM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 2/7/22.(All non-registered users served via U.S. Mail Service)(jmo)
January 29, 2022 Opinion or Order Filing 118 NOTICE of Change of Address by Tionna Dolin (Dolin, Tionna) **QC mailer re: email and address. Instructed to follow up re: different email address (jmo).
October 20, 2021 Opinion or Order Filing 117 NOTICE of Supplemental Authority by David Hastings re #95 Response in Opposition to Motion,, (Attachments: #1 Exhibit 1)(Tabesh, Dara) (zda).
August 2, 2021 Opinion or Order Filing 116 Order Vacating Pretrial and Trial Deadlines re: #49 . The Court vacates the pretrial conference set for 9/13/21, and trial set for 11/16/21. All other future pretrial deadlines and disclosures in the scheduling order are similarly vacated and will be re-set in due course. Signed by Judge Cynthia Bashant on 8/2/21.(All non-registered users served via U.S. Mail Service)(jmo)
June 22, 2021 Opinion or Order Filing 115 RESPONSE re #102 Objection Plaintiff's Response to Defendant's Objections to Hastings Declaration filed by David Hastings. (Attachments: #1 Exhibit A (Defendant's Verified Responses to RFAs))(Tabesh, Dara) (jmo).
June 10, 2021 Opinion or Order Filing 114 RESPONSE re #103 Objection Plaintiff's Response to Defendant's Objection to Shanefield Declaration filed by David Hastings. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit A to Tabesh Declaration)(Tabesh, Dara) (jpp).
June 10, 2021 Opinion or Order Filing 113 OBJECTION by David Hastings re #101 Response in Support of Motion,, Plaintiff's Evidentiary Objections to Declaration of Ruslan Batenko. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit A to Tabesh Declaration)(Tabesh, Dara) (jpp).
June 9, 2021 Opinion or Order Filing 112 SEALED LODGED Proposed Document re: #111 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Tabesh, Dara) (anh).
June 9, 2021 Opinion or Order Filing 111 MOTION to File Documents Under Seal (With attachments)(Tabesh, Dara) (anh).
June 8, 2021 Opinion or Order Filing 110 OBJECTION by David Hastings re #85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof] Plaintiff's Evidentiary Objections to Defendant's Evidence in Support of Motion for Summary Judgment. (Attachments: #1 Declaration of Dara Tabesh and Exhibits 1 and 2 thereto)(Tabesh, Dara) (jmo).
June 8, 2021 Opinion or Order Filing 109 NOTICE of Errata by David Hastings re #108 Reply to Response to Motion,,,, (Attachments: #1 Exhibit A (Corrected Reply), #2 Exhibit B (redlined Corrected Reply), #3 Exhibit C (Corrected Tabesh Declaration))(Tabesh, Dara) **QC Mailer instructing the correct way to withdraw a document filed in error. (jmo).
June 7, 2021 Opinion or Order Filing 108 REPLY to Response to Motion re #87 MOTION for Leave to File a Second Amended Complaint filed by David Hastings. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit 1 to Tabesh Declaration, #3 Exhibit 2 to Tabesh Declaration, #4 Exhibit 3 to Tabesh Declaration, #5 Exhibit 4 to Tabesh Declaration, #6 Exhibit 5 to Tabesh Declaration, #7 Exhibit 6 to Tabesh Declaration, #8 Exhibit 7 to Tabesh Declaration, #9 Exhibit 8 to Tabesh Declaration, #10 Exhibit 9 to Tabesh Declaration, #11 Exhibit 10 to Tabesh Declaration, #12 Exhibit 11 to Tabesh Declaration, #13 Exhibit 12 to Tabesh Declaration, #14 Exhibit 13 to Tabesh Declaration, #15 Exhibit 14 to Tabesh Declaration, #16 Exhibit 15 to Tabesh Declaration, #17 Exhibit 16 to Tabesh Declaration, #18 Exhibit 17 to Tabesh Declaration, #19 Exhibit 18 to Tabesh Declaration, #20 Exhibit 19 to Tabesh Declaration)(Tabesh, Dara) **QC mailer re: attorney account used to fileis not the attorney signing(jmo).
June 7, 2021 Opinion or Order Filing 107 SEALED LODGED Proposed Document re: #106 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Tabesh, Dara) (anh).
June 7, 2021 Opinion or Order Filing 106 MOTION to File Documents Under Seal (With attachments)(Tabesh, Dara) (anh).
June 7, 2021 Opinion or Order Filing 105 Joint Statement of Undisputed Material Facts by David Hastings, re #85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof], #95 Response in Opposition to Motion,, . (Tabesh, Dara) (jmo).
June 7, 2021 Opinion or Order Filing 104 OBJECTION by Ford Motor Company, Ford of Chula Vista re #101 Response in Support of Motion,, [DEFENDANT FORD MOTOR COMPANYS EVIDENTIARY OBJECTIONS TO DECLARATION OF GREGORY SOGOYAN]. (Dye, Stephen) (jmo).
June 7, 2021 Opinion or Order Filing 103 OBJECTION by Ford Motor Company, Ford of Chula Vista re #101 Response in Support of Motion,, [DEFENDANT FORD MOTOR COMPANYS EVIDENTIARY OBJECTIONS TO DECLARATION OF ALBERT SHANEFIELD]. (Dye, Stephen) (jmo).
June 7, 2021 Opinion or Order Filing 102 OBJECTION by Ford Motor Company, Ford of Chula Vista re #101 Response in Support of Motion,, [DEFENDANT FORD MOTOR COMPANYS EVIDENTIARY OBJECTIONS TO DECLARATION OF DAVID HASTINGS]. (Dye, Stephen) (jmo).
June 7, 2021 Opinion or Order Filing 101 Reply* RESPONSE in Support re #85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof] [REPLY OF DEFENDANTS FORD MOTOR COMPANY AND FORD OF CHULA VISTA IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT] filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Supplement Declaration of Stephen H. Dye with Exhibit A, #2 Declaration of Ruslan Batenko)(Dye, Stephen) Modified on 6/8/2021 to correct text as a Reply. (jmo).
June 3, 2021 Opinion or Order Filing 100 ORDER granting #99 Motion for Protective Order: Good cause appearing, the Court GRANTS AS MODIFIED the parties' joint motion. See paragraph 19. See attached order. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 06/03/2021. (jb1)
June 3, 2021 Opinion or Order Filing 99 Joint MOTION for Protective Order Requesting Entry of Stipulated Protective Order by David Hastings. (Attachments: #1 Stipulated Protective Order; [Proposed] Order)(Tabesh, Dara) (jmo).
June 2, 2021 Opinion or Order Filing 98 ORDER denying without prejudice #97 Motion to Continue: Plaintiff moved ex parte to continue the deadline to file a joint motion for determination of a discovery dispute for thirty (30) days after a ruling on pending motions for summary judgment and for leave to file an amended complaint. Upon due consideration, the Court DENIES WITHOUT PREJUDICE Plaintiff's motion. If the motion for leave to amend is granted, the Court will hold a status conference regarding discovery. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 06/02/2021. (no document attached) (jb1)
June 1, 2021 Opinion or Order Filing 97 Ex Parte MOTION to Continue 30-Day Rule Regarding Plaintiff's Motion to Compel Further Rule 30(b)(6) Testimony and Documents by David Hastings. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit A to Tabesh Declaration)(Tabesh, Dara) (jmo).
May 31, 2021 Opinion or Order Filing 96 NOTICE of Errata re Plaintiff's Declaration in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment by David Hastings re #95 Response in Opposition to Motion,, (Attachments: #1 Declaration of Plaintiff David Hastings in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment)(Tabesh, Dara) (jmo).
May 28, 2021 Opinion or Order Filing 95 RESPONSE in Opposition re #85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof] filed by David Hastings. (Attachments: #1 Declaration of Plaintiff and Exhibits, #2 Declaration of Gregory Sogoyan and Exhibits, #3 Request for Judicial Notice, #4 Declaration of Albert Shanefield and Exhibit)(Tabesh, Dara) (jmo).
May 28, 2021 Opinion or Order Filing 94 RESPONSE in Opposition re #87 MOTION for Leave to File a Second Amended Complaint [OPPOSITION BY DEFENDANTS TO PLAINTIFFS MOTION FOR LEAVE TO FILE PROPOSED SECOND AMENDED COMPLAINT] filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Stephen H. Dye, #2 Exhibit 1 to Declaration of Stephen H. Dye, #3 Exhibit 2 to Declaration of Stephen H. Dye, #4 Exhibit 3 to Declaration of Stephen H. Dye)(Dye, Stephen) (jmo).
May 26, 2021 Opinion or Order Filing 93 ORDER Granting Defendants' Motion for Reimbursement of Reasonable Fees Incurred in Opposing Plaintiff's Motion to Compel (ECF No. #86 ). Signed by Magistrate Judge Mitchell D. Dembin on 5/26/2021. (jrm)
May 21, 2021 Opinion or Order Filing 92 Order Granting Plaintiff's Ex Parte Motion to Continue Hearing Date for Defendant's Motion for Summary Judgement (ECF No. #88 ). The hearing date for Defendants' motion for summary judgment (ECF No. #85 ) is continued to 6/14/21. Signed by Judge Cynthia Bashant on 5/21/21. (All non-registered users served via U.S. Mail Service)(jmo)
May 20, 2021 Opinion or Order Filing 91 RESPONSE in Opposition re #88 Ex Parte MOTION to Continue Hearing Date for Defendant's Motion for Summary Judgment [OPPOSITION BY DEFENDANTS TO PLAINTIFFS EX PARTE APPLICATION TO CONTINUE HEARING DATE FOR DEFENDANTS MOTION FOR SUMMARY JUDGMENT] filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Stephen H. Dye, #2 Exhibit 1 to Declaration of Stephen H. Dye, #3 Exhibit 2 to Declaration of Stephen H. Dye)(Dye, Stephen) (jmo).
May 20, 2021 Opinion or Order Filing 90 NON Opposition re #86 MOTION Reimbursement of Reasonable Fees Incurred by Defendant Ford Motor Company in Opposition to Plaintiff's Motion to Compel re #84 Order,, filed by David Hastings. (Tabesh, Dara) (jmo).
May 20, 2021 Opinion or Order Filing 89 NOTICE of Appearance by Erik Kronholm Schmitt on behalf of David Hastings (Schmitt, Erik)Attorney Erik Kronholm Schmitt added to party David Hastings(pty:pla) (jmo).
May 18, 2021 Opinion or Order Filing 88 Ex Parte MOTION to Continue Hearing Date for Defendant's Motion for Summary Judgment by David Hastings. (Attachments: #1 Declaration of Dara Tabesh, #2 Proposed Order)(Tabesh, Dara) *QC Mailer re: not filing proposed orders on the docket(jmo).
May 14, 2021 Opinion or Order Filing 87 MOTION for Leave to File a Second Amended Complaint by David Hastings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Dara Tabesh, #3 Exhibit A to Tabesh Declaration, #4 Exhibit B to Tabesh Declaration, #5 Exhibit C to Tabesh Declaration, #6 Proposed Order)(Tabesh, Dara) (jmo).
May 12, 2021 Opinion or Order Filing 86 MOTION Reimbursement of Reasonable Fees Incurred by Defendant Ford Motor Company in Opposition to Plaintiff's Motion to Compel re #84 Order,, by Ford Motor Company. (Attachments: #1 Declaration of Stephen H. Dye, #2 Exhibit 1 to Declaration of Stephen H. Dye, #3 Declaration of John Isaac Southerland)(Dye, Stephen) (jmo).
May 3, 2021 Opinion or Order Filing 85 MOTION for Summary Judgment [Defendants' Notice of and Motion for Summary Judgment Or, In the Alternative, Motion for Summary Adjudication Pursuant to FRCP 56; Memorandum of Points and Authorities in Support Thereof] by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Stephen H. Dye, #2 Exhibit Exhibits A-J to the Declaration of Stephen H. Dye, #3 Declaration of Eric Kalis, #4 Declaration of Luis Garcia, #5 Exhibit Exhibits A-B to the Declaration of Luis Garcia)(Dye, Stephen) (jmo).
April 28, 2021 Opinion or Order Filing 84 Order Requiring Plaintiff to Reimburse Defendants' Reasonable Fees and Expenses in Opposing Plaintiff's Motion to Compel. Defendants may file a motion for reasonable expenses incurred in opposing Plaintiff's motion to compel on or before 5/12/21. Plaintiff may file a response in opposition, if any, on or before 5/19/21. Reply briefs are not permitted absent leave of the Court. The Court will issue a written ruling in due course upon completion of the briefing.Signed by Magistrate Judge Mitchell D. Dembin on 4/28/21.(jmo)
April 28, 2021 Opinion or Order Filing 83 NOTICE of Appearance by Brian Tate Shippen-Murray on behalf of David Hastings (Shippen-Murray, Brian)Attorney Brian Tate Shippen-Murray added to party David Hastings(pty:pla) (jmo).
April 28, 2021 Opinion or Order Filing 82 NOTICE of Appearance by Sepehr Daghighian on behalf of David Hastings (Daghighian, Sepehr)Attorney Sepehr Daghighian added to party David Hastings(pty:pla)(jmo).
April 28, 2021 Opinion or Order Filing 81 NOTICE of Appearance by Michael Harris Rosenstein on behalf of David Hastings (Rosenstein, Michael)Attorney Michael Harris Rosenstein added to party David Hastings(pty:pla) (jmo).
April 27, 2021 Opinion or Order Filing 80 NOTICE of Errata by David Hastings re #79 Objection, (Shahian, Payam)Attorney Payam Shahian added to party David Hastings(pty:pla) (jmo).
April 27, 2021 Opinion or Order Filing 79 OBJECTION by David Hastings re #78 Reply - Other Objection to Kalis Declaration and Defendant's Reply re Plaintiff's Response to the Court's OSC. (Attachments: #1 Declaration of Dara Tabesh and Exhibits 1 and 2 thereto)(Tabesh, Dara) (jmo).
April 23, 2021 Opinion or Order Filing 78 REPLY - Other re #75 Response - Other, to Plaintiff's Response to the Court's Order to Show Cause filed by Ford Motor Company. (Harlow, Charles) (jmo).
April 23, 2021 Opinion or Order Filing 77 NOTICE of Errata by David Hastings re #75 Response - Other, (Tabesh, Dara) (jmo).
April 20, 2021 Opinion or Order Filing 76 Order Extending Discovery Deadline: On April 20, 2021, the parties jointly contacted Judge Dembin's Chambers and requested, among other things, that the discovery deadline be extended to April 21, 2021. Because the parties agree to the extension, the Court EXTENDS the deadline to April 21, 2021 for the sole purpose of taking a 30(b)(6) deposition of Defendants' corporate representative. No further relief is available absent a joint motion. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 04/20/2020.(no document attached) (jb1)
April 16, 2021 Opinion or Order Filing 75 RESPONSE re #73 Order on Motion for Discovery,, Response to Order to Show Cause filed by David Hastings. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit A to Tabesh Declaration, #3 Exhibit B to Tabesh Declaration, #4 Exhibit C to Tabesh Declaration)(Tabesh, Dara) (jpp).
April 6, 2021 Opinion or Order Filing 74 Order Vacating Mandatory Settlement Conference: The Court has reviewed the parties' confidential settlement briefs. Based on the parties' statements, the Court finds that a Mandatory Settlement Conference would be futile. Accordingly, the Court VACATES the Mandatory Settlement Conference set for April 12, 2021. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 04/06/2021.(no document attached) (jb1)
April 2, 2021 Opinion or Order Filing 73 ORDER On Plaintiff's Motion to Compel (ECF No. #63 ). Plaintiff's Motion to Compel is denied. Plaintiff and his counsel are Ordered to Show Cause why they should not be required to reimburse Defendants' reasonable fees and expenses in opposing this Motion. Plaintiff's brief due on or before 4/16/2021. Defendant may respond on or before 4/23/21. Both limited to five pages. No further reply is authorized. Signed by Magistrate Judge Mitchell D. Dembin on 4/2/21. (jmo) (Main Document 73 replaced on 4/5/2021 to correct typo per chambers and regenerate NEF to all parties) (jmo).
March 30, 2021 Opinion or Order Filing 72 RESPONSE in Opposition re #63 Ex Parte MOTION for Discovery re Plaintiff's Requests for Production of Documents, Set One [FORD MOTOR COMPANYS STATEMENT OF REQUESTS FOR PRODUCTION OF DOCUMENTS (RFPs) IN DISPUTE, FORDS RESPONSES TO THE RFPs AND THE BASIS FOR FORDS OBJECTIONS IN OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO COMPEL FURTHER RESPONSES TO RFPs 1, 7, 19, 21, 24, 26, 27, 61, 63, 64, 68, 69] filed by Ford Motor Company, Ford of Chula Vista. (Harlow, Charles) (jmo).
March 30, 2021 Opinion or Order Filing 71 RESPONSE in Opposition re #63 Ex Parte MOTION for Discovery re Plaintiff's Requests for Production of Documents, Set One [DEFENDANT FORD MOTOR COMPANY'S OPPOSITION TO PLAINTIFF'S EX PARTE MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENT PRODUCTION] filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Counsel, #2 Declaration of Eric Kalis, #3 Declaration of John Isaac Southerland)(Harlow, Charles) (jmo).
March 22, 2021 Opinion or Order Filing 70 ORDER Granting in Part Ex Parte Motion to Amend the Scheduling Order (ECF No. #60 ). Discovery completion date extended to 4/18/21 for the sole purpose of taking a 30(b)(6) deposition of Defendant's corporate representative, Plaintiff's deposition, and the vehicle inspection. All other dates and guidelines remain as previously set (See ECF No. #49 ). Signed by Magistrate Judge Mitchell D. Dembin on 3/22/21. (jmo)
March 22, 2021 Opinion or Order Filing 69 Order Requiring Defendants to File Opposition to Plaintiff's Ex Parte Motion for Discovery: The Court has reviewed Defendants' declaration of counsel in response to Plaintiff's ex parte motion to compel discovery responses. Upon due consideration, the Court ORDERS Defendants to file a response in opposition to Plaintiff's motion to compel discovery responses, if any, on or before March 30, 2021. Reply briefs will not be permitted. Upon completion of the briefing and in due course, the Court will issue a written ruling. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/22/2021.(no document attached) (jb1)
March 19, 2021 Opinion or Order Filing 68 DECLARATION re #60 Ex Parte MOTION to Amend/Correct #49 Scheduling Order,,, Set Motion and R&R Deadlines/Hearings,, by Defendants Ford Motor Company, Ford of Chula Vista. (Harlow, Charles) (jmo).
March 19, 2021 Opinion or Order Filing 67 DECLARATION re #63 Ex Parte MOTION for Discovery re Plaintiff's Requests for Production of Documents, Set One by Defendants Ford Motor Company, Ford of Chula Vista. (Harlow, Charles) (jmo).
March 16, 2021 Opinion or Order Filing 66 ORDER Overruling in Part and Sustaining in Part Plaintiff's Objection to Defendants' Demand for Vehicle Inspection (ECF No. #65 ). The Court sustains Plaintiff's objection to the date of the inspection. The Court overrules the remainder of Plaintiff's objections. Signed by Magistrate Judge Mitchell D. Dembin on 3/16/21.(jmo)
March 16, 2021 Opinion or Order Filing 65 OBJECTION by David Hastings to Defendant Ford Motor Company and Ford of Chula Vista's Demand for Vehicle Inspection. (Dolin, Tionna) (jmo).
March 12, 2021 Opinion or Order Filing 64 Order Granting Emergency Oral Motion to Vacate 30(b)(6) Deposition Set for Monday, March 15, 2021: A Status Conference re Emergency Oral Motion to Vacate Deposition was held on 3/12/2021. The Court GRANTS the motion and ORDERS the parties to meet and confer on the scope and timing of the 30(b)(6) deposition. The Court FURTHER ORDERS that on or before March 19, 2021 Defendants must file a declaration explaining whether they intend to oppose the ex parte motion to amend the scheduling order and whether Defendants intend to oppose the ex parte motion to compel and why counsel did not participate in the joint motion process regarding discovery disputes. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/12/2021. (Plaintiff Attorney Dara Tabesh; Gregory Sogoyan).(Defendant Attorney Stephen H. Dye). (no document attached) (jb1)
March 12, 2021 Opinion or Order Filing 63 Ex Parte MOTION for Discovery re Plaintiff's Requests for Production of Documents, Set One by David Hastings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Dara Tabesh, #3 Exhibit A to Tabesh Declaration, #4 Exhibit B to Tabesh Declaration, #5 Exhibit C to Tabesh Declaration, #6 Exhibit D to Tabesh Declaration, #7 Exhibit E to Tabesh Declaration, #8 Exhibit F to Tabesh Declaration, #9 Exhibit G to Tabesh Declaration)(Tabesh, Dara) (jmo).
March 12, 2021 Opinion or Order Filing 62 NOTICE of Teleconference Information Sheet. Teleconference set for 03/12/2021 at 3:00PM. (jb1)
March 12, 2021 Opinion or Order Filing 61 Order Setting Status Conference: Based on the ex parte motion to amend the Scheduling Order and the parties' notification that there are several discovery disputes pending, the Court will hold a telephonic Status Conference today, March 12, 2021 at 3:00PM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/12/2021.(no document attached) (jb1)
March 12, 2021 Opinion or Order Filing 60 Ex Parte MOTION to Amend/Correct #49 Scheduling Order,,, Set Motion and R&R Deadlines/Hearings,, by David Hastings. (Attachments: #1 Memo of Points and Authorities in Support of Ex Parte Motion to Amend Scheduling Order, #2 Declaration of Dara Tabesh and Exhibit A thereto, #3 Proposed Order)(Tabesh, Dara) (jmo).
February 12, 2021 Opinion or Order Filing 59 ORDER granting #58 Motion for Extension of Time to File: Upon due consideration, and good cause appearing, the Court GRANTS the parties' joint motion to continue the deadline to file a joint motion for determination of a discovery dispute. The parties must file any joint motion for determination of a discovery dispute on or before March 15, 2021. The Court advises the parties that it will not continue any discovery deadlines in the Scheduling Order. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 02/12/2021. (no document attached) (jb1)
February 11, 2021 Opinion or Order Filing 58 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Counsel In Support of Joint Motion and Stipulation to Extend Deadline to File Joint Motion for Determination of Discovery Dispute)(Harlow, Charles) (jmo).
December 29, 2020 Opinion or Order Filing 57 ORDER granting #56 Motion for Extension of Time to File: Upon due consideration, and good cause appearing, the Court GRANTS the parties' joint motion. Any joint motion for determination of a discovery dispute regarding Defendant's discovery responses on or before February 12, 2021.SO ORDERED by Magistrate Judge Mitchell D. Dembin on 12/29/2020. (no document attached) (jb1)
December 29, 2020 Opinion or Order Filing 56 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by David Hastings. (Attachments: #1 Declaration of Counsel)(Nguyen, Anh) (jmo).
December 22, 2020 Opinion or Order Filing 55 NOTICE of Appearance by Dara Tabesh on behalf of David Hastings (Tabesh, Dara)Attorney Dara Tabesh added to party David Hastings(pty:pla) (Main Document 55 replaced on 12/23/2020 to flatten document and QC Mailer sent re: document not flattened) (jmo)
December 2, 2020 Opinion or Order Filing 54 ANSWER to #24 Amended Complaint by Ford Motor Company, Ford of Chula Vista.(Harlow, Charles) (jmo).
November 24, 2020 Opinion or Order Filing 53 ORDER Granting Joint Motion to Extend Deadline (ECF No. #50 ). Defendants shall answer the First Amended Complaint on or before 12/2/2020. Signed by Judge Cynthia Bashant on 11/23/20. (jmo)
November 23, 2020 Opinion or Order Filing 52 Order granting #51 Motion for Discovery: Upon due consideration, and good cause appearing, the Court GRANTS the parties' request to extend the deadline to file a joint motion for determination of discovery dispute. The parties must file such motion, if any, on or before January 13, 2021. No further extensions of time will be granted absent a showing of good cause.SO ORDERED by Magistrate Judge Mitchell D. Dembin on 11/23/2020. (no document attached) (jb1)
November 20, 2020 Opinion or Order Filing 51 Joint MOTION for Discovery and Stipulation to Extend Deadline to File Joint Motion for Determination of Discovery Dispute by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Counsel)(Harlow, Charles) (mme).
November 20, 2020 Opinion or Order Filing 50 Joint MOTION for Extension of Time to File Answer and Stipulation for Defendants to Answer First Amended Complaint by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Counsel)(Harlow, Charles) (mme).
October 30, 2020 Opinion or Order Filing 49 Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Zoom video Mandatory Settlement Conference set for 4/12/2021 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Proposed Pretrial Order due by 8/30/2021. Final Pretrial Conference set for 9/13/2021 at 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 11/16/2021 at 09:00 AM before Judge Cynthia Bashant. All motions in limine due no later than 9/27/21. Motion in Limine Responses due by 10/11/2021. Motion In Limine Hearing set for 11/8/2021 at 10:30 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Mitchell D. Dembin on 10/30/20.(jmo)
October 30, 2020 Opinion or Order Filing 48 ORDER granting #46 Motion for Extension of Time to File: Upon due consideration, and good cause appearing, the Court GRANTS the parties' request to extend the deadline to file a joint motion for determination of discovery dispute. The parties must file such motion, if any, on or before December 14, 2020. No further extensions of time will be granted absent a showing of good cause. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 10/30/2020. (no document attached) (jb1)
October 30, 2020 Opinion or Order Filing 47 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Case Management Conference held on 10/30/2020. Order to follow.(Plaintiff Attorney Anh Nguyen). (Defendant Attorney Charles Harlow). (no document attached) (jb1)
October 23, 2020 Opinion or Order Filing 46 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by David Hastings. (Attachments: #1 Declaration)(Nguyen, Anh)(jmo).
October 19, 2020 Opinion or Order Filing 45 NOTICE of Teleconference Information Sheet. Teleconference set for 10/30/2020 at 9:30AM. (jb1)
October 19, 2020 Opinion or Order Filing 44 Order Setting Telephonic Case Management Conference: On October 19, 2020, the Court ruled on Defendants' motion to dismiss and rule 56 motion. #43 . Accordingly, a telephonic Case Management Conference will be held October 30, 2020 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. The parties are ORDERED to submit an updated joint discovery plan via email to efile_dembin@casd.uscourts.gov on or before October 26, 2020. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). SO ORDERED by Magistrate Judge Mitchell D. Dembin on 10/19/2020.(no document attached) (jb1)
October 19, 2020 Opinion or Order Filing 43 ORDER (1) Granting in Part and Denying in Part Defendants' Rule 12(b)(6) Motion to Dismiss the Magnuson-Moss Warranty Act Claims; and (2) Denying as Moot the Rule 56 Motion as to the Song-Beverly Warranty Act Claims (ECF No. #32 ). Plaintiff's claim for breach of express warranty may proceed. Signed by Judge Cynthia Bashant on 10/19/20. (jmo)
October 13, 2020 Opinion or Order Filing 42 ORDER Granting Stipulated Dismissal of Plaintiff's First Through Fifth Causes of Action (ECF No. #41 ). Signed by Judge Cynthia Bashant on 10/13/20. (jmo)
October 12, 2020 Opinion or Order Filing 41 NOTICE of Stipulation of Dismissal of Plaintiff's First through Fifth Cause of Action by David Hastings (Nguyen, Anh) Modified on 10/13/2020 to correct event(jmo).
October 2, 2020 Opinion or Order Filing 40 ORDER on Defendants' Rule 12(b)(6) Motion to Dismiss: 1. Denying Dismissal of the Negligent Repairs Claim; 2. Denying Dismissal of the Fraud by Omission Claim; 3. Converting the Motion to a Rule 56 Motion as to the Song-Beverly Warranty Act Claims; and 4. Taking Under Advisement the Magnuson-Moss Warranty Act Claims (ECF No. #32 ). Defendants shall file a supplement to their converted motion for summary judgment, not to exceed five pages, no later than 10/16/20. Plaintiff is ordered to file a response to the motion for summary judgment, not to exceed five pages, no later than 10/30/2020. Defendants shall file a reply, not to exceed three pages, no later than 11/6/2020. Signed by Judge Cynthia Bashant on 10/2/20. (jmo) Modified on 10/2/2020 to correct text and resend NEF (jmo).
August 7, 2020 Opinion or Order Filing 39 ORDER granting #38 Joint Motion for Extension of Time to File Motion for Determination of Discovery Dispute. Good cause appearing, the deadline to file a motion for determination of the pending discovery dispute is extended to 30 days following a ruling on the pending Motion to Dismiss #32 . Signed by Magistrate Judge Mitchell D. Dembin on 8/7/2020. (no document attached) (Dembin, Mitchell)
August 6, 2020 Opinion or Order Filing 38 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by Ford Motor Company. (Attachments: #1 Declaration of Counsel in Support of Joint Motion and Stipulation to Extend Deadline for Joint Motion for Determination of Discovery Dispute)(Harlow, Charles) (jmo).
June 29, 2020 Opinion or Order Filing 37 ORDER granting #36 Joint MOTION to Extend Deadline for Joint Motion for Determination of Discovery Dispute. Good cause appearing, the deadline to bring the identified discovery dispute to the Court is extended to August 13, 2020. Signed by Magistrate Judge Mitchell D. Dembin on 6/29/20. (no document attached) (Dembin, Mitchell)
June 26, 2020 Opinion or Order Filing 36 Joint MOTION and Stipulation to Extend Deadline for Joint Motion for Determination of Discovery Dispute by David Hastings. (Attachments: #1 Declaration, #2 Proposed Order)(Nguyen, Anh) (jmo).
June 22, 2020 Opinion or Order Filing 35 Reply in Support re #32 MOTION to Dismiss [Notice of and Motion to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b) By Defendants Ford Motor Company and Ford of Chula Vista; Memorandum of Points and Authorities in Support Thereo filed by Ford Motor Company, Ford of Chula Vista. (Dye, Stephen) Modified on 6/23/2020 to correct text (jmo).
June 15, 2020 Opinion or Order Filing 34 RESPONSE in Opposition re #32 MOTION to Dismiss [Notice of and Motion to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b) By Defendants Ford Motor Company and Ford of Chula Vista; Memorandum of Points and Authorities in Support Thereo filed by David Hastings. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A)(Dolin, Tionna) (jmo).
June 4, 2020 Opinion or Order Filing 33 ORDER: On May 26, 2020, Defendant filed a Motion to Dismiss Plaintiff's First Amended Complaint. #32 . The CMC currently scheduled for June 9, 2020, is vacated until the Motion to Dismiss is resolved. (See ECF 30). If the case is not dismissed, the parties are instructed to contact the Court to reschedule the CMC within three days of receiving a ruling. Signed by Magistrate Judge Mitchell D. Dembin on 06/04/2020.(no document attached) (atk)
May 26, 2020 Opinion or Order Filing 32 MOTION to Dismiss [Notice of and Motion to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b) By Defendants Ford Motor Company and Ford of Chula Vista; Memorandum of Points and Authorities in Support Thereof] by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Harlow, Charles) (jmo). Added MOTION to Dismiss on 10/2/2020 (jmo). Added MOTION for Summary Judgment on 10/2/2020 (jmo).
April 28, 2020 Opinion or Order Filing 31 NOTICE of Teleconference Information Sheet. Teleconference set for 06/09/2020 at 9:30AM. (atk)
April 28, 2020 Opinion or Order Filing 30 ORDER: On April 23, 2020, Defendant's request for an extension of time to file a response to Plaintiff's Amended Complaint was granted. #29 . Defendant's responsive pleading is due May 24, 2020. As a result, the Case Management Conference set for May 1, 2020 is CONTINUED to June 9, 2020 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. A telephonic information sheet will be filed as a separate order. Signed by Magistrate Judge Mitchell D. Dembin on 4/28/2020.(no document attached) (atk)
April 23, 2020 Opinion or Order Filing 29 ORDER Granting Joint Motion for Extension of Time (ECF No. #28 ) Defendants response to First Amended Complaint due 5/24/2020. Signed by Judge Cynthia Bashant on 4/23/20. (jmo)
April 22, 2020 Opinion or Order Filing 28 Joint MOTION for Extension of Time to File Answer re #24 Amended Complaint, #26 Order on Motion for Extension of Time to Answer [Joint Motion and Stipulation to Extend Time for Defendants to File Answer to First Amended Complaint] by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order)(Dye, Stephen) (jmo).
April 1, 2020 Opinion or Order Filing 27 ORDER: On March 25, 2020, Defendant's motion was granted for an extension of time to file a response to Plaintiff's amended complaint. #26 . As a result, the telephonic Case Management Conference currently scheduled for April 3, 2020, is vacated and rescheduled for May 1, 2020, at 9:15 AM before Magistrate Judge Mitchell D. Dembin. To access the Court's teleconference service counsel are ordered to use the new telephonic information sheet that will be filed as a separate notice.Signed by Magistrate Judge Mitchell D. Dembin on 04/01/2020.(no document attached) (atk)
March 25, 2020 Opinion or Order Filing 26 ORDER Granting #25 Motion for Extension of Time. The Court GRANTS the Motion. Defendants SHALL file a response to the First Amended Complaint on or before April 24, 2020. Signed by Judge Cynthia Bashant on 3/25/2020. (mme)
March 24, 2020 Opinion or Order Filing 25 UNOPPOSED REQUEST FOR EXTENSION OF TIME TO ANSWER to #24 Amended Complaint [UNOPPOSED REQUEST FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT] by Ford Motor Company, Ford of Chula Vista.(Dye, Stephen)Attorney Stephen H. Dye added to party Ford Motor Company(pty:dft), Attorney Stephen H. Dye added to party Ford of Chula Vista(pty:dft) Modified on 3/25/2020 to change event type to motion(mme) (jmo).
March 11, 2020 Opinion or Order Filing 24 AMENDED COMPLAINT with Jury Demand against Ford Motor Company, filed by David Hastings. (Dolin, Tionna)(Modified on 3/11/2020 to update final docket text per attorney T. Dolin.)(jrd). (jmo).
March 10, 2020 Opinion or Order Filing 23 ORDER Granting Plaintiff's Motion for Leave to Amend Complaint (ECF No. #16 ). Plaintiff shall file the amended complaint attached to his Motion on or before 3/13/2020. Signed by Judge Cynthia Bashant on 3/10/20. (jmo) (dlg).
March 9, 2020 Opinion or Order Filing 22 RESPONSE in Support re #16 MOTION to Amend/Correct Complaint filed by David Hastings. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2)(Dolin, Tionna) (jmo).
March 8, 2020 Opinion or Order Filing 21 NOTICE of Teleconference Information Sheet. Teleconference set for 04/03/2020 at 9:15AM. (atk)
March 6, 2020 Opinion or Order Filing 20 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: An Early Neutral Evaluation/Case Management Conference was held on 3/6/2020. The case did not settle. As such, Initial Disclosures must be completed by March 11, 2020, and a further telephonic Case Management Conference will be held 4/3/2020 at 9:15 AM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service.(The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.)(Plaintiff Attorney Anh Nguyen). (Defendant Attorney Stephen Dye). (no document attached) (atk)
March 2, 2020 Opinion or Order Filing 19 RESPONSE in Opposition re #16 MOTION to Amend/Correct Complaint filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Stephen H. Dye ISO, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Dye, Stephen) (jmo).
March 2, 2020 Opinion or Order Filing 18 NOTICE of Appearance of Counsel by Anh Nguyen on behalf of David Hastings (Nguyen, Anh)Attorney Anh Nguyen added to party David Hastings(pty:pla) (jmo).
February 18, 2020 Opinion or Order Filing 17 NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 3/6/2020 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. Case Management Conference set for 3/6/2020 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. Joint Discovery Plan due 3/2/2020. Signed by Magistrate Judge Mitchell D. Dembin on 2/18/20.(dlg)
February 12, 2020 Opinion or Order Filing 16 MOTION to Amend/Correct Complaint by David Hastings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Aziz, Cinela) (dlg).
January 23, 2020 Opinion or Order Filing 15 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Status Conference held on 1/23/2020. On or before January 31, 2020, Counsel are instructed to: 1) exchange their Initial Disclosures; and 2) agree upon a date for an ENE/CMC. Counsel shall notify chambers once a date for the ENE/CMC has been agreed upon. (Plaintiff Attorney Cinela Aziz). (Defendant Attorney Stephen Dye). (no document attached) (atk)
January 21, 2020 Opinion or Order Filing 14 JOINT DISCOVERY PLAN by David Hastings (Aziz, Cinela) (jmo).
January 21, 2020 Opinion or Order Filing 13 NOTICE of Teleconference Information Sheet. Teleconference set for 01/23/2020 at 9:30AM. (atk)
January 21, 2020 Opinion or Order Filing 12 ORDER denying #11 Ex Parte Motion to Continue Early Neutral Evaluation and Case Management Conference. The Court will VACATE the ENE/CMC scheduled for January 23, 2020, and instead will hold a telephonic Status Conference at that time. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). Signed by Magistrate Judge Mitchell D. Dembin on 01/21/2020. (no document attached) (atk)
January 17, 2020 Opinion or Order Filing 11 Ex Parte MOTION to Continue Early Neutral Evaluation and Case Management Conerence by David Hastings. (Attachments: #1 Notice, #2 Declaration, #3 [Proposed] Order)(Aziz, Cinela) (jmo).
January 16, 2020 Opinion or Order Filing 10 ORDER denying #9 Defendants' Motion to Continue the Early Neutral Evaluation/Case Management Conference Scheduled for January 23, 2020: The issues presented by Defendants' in their motion appear serious. The Court believes it is better to have the parties attend the ENE/CMC and address these issues with the Court sooner rather than later. For these reasons, the motion is denied. Signed by Magistrate Judge Mitchell D. Dembin on 01/16/2020. (no document attached) (atk)
January 15, 2020 Opinion or Order Filing 9 MOTION to Continue the Early Neutral Evaluation and Case Management Conference by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Declaration of Charles F. Harlow, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Harlow, Charles) (jmo).
December 26, 2019 Opinion or Order Filing 8 NOTICE of Appearance by Cinela Aziz on behalf of David Hastings (Aziz, Cinela)Attorney Cinela Aziz added to party David Hastings(pty:pla)(jmo).
November 22, 2019 Opinion or Order Filing 7 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 1/23/2020 09:30 AM before Magistrate Judge Mitchell D. Dembin. Confidential Early Neutral Evaluation briefs shall be submitted to Chambers by 1/16/2020. Signed by Magistrate Judge Mitchell D. Dembin on 11/22/2019. (jah)
November 20, 2019 Opinion or Order Filing 5 NOTICE of Party With Financial Interest by Ford Motor Company. Identifying Other Affiliate State Street Corporation, Other Affiliate Ford Motor Credit Company LLC, Other Affiliate Ford Holdings LLC, Other Affiliate Black Rock, Inc. and certain affiliates, Other Affiliate Vanguard Group and certain affiliates, Other Affiliate China-Jiangling Motors Corporation, Limited, Other Affiliate Turkey-Ford Otomotiv Anonim Sirketi (Ford Otosan), Other Affiliate Ford Credit Canada Company, Other Affiliate Ford Credit de Mexico S.A., de C.V. Sociedad Financiera de Objeto Multiple, E.R., Other Affiliate FCE Bank plc, Other Affiliate Ford Automotive Finance (China) Limited, Other Affiliate Banco Ford S.A. for Ford Motor Company. (smd)
November 20, 2019 Opinion or Order Filing 4 NOTICE of Party With Financial Interest by Ford of Chula Vista. No Parties With Financial Interest. (smd)
November 20, 2019 Opinion or Order Filing 3 ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (smd)
November 20, 2019 Opinion or Order Filing 2 ANSWER to Complaint (Notice of Removal) by Ford of Chula Vista. (smd)
November 20, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand from San Diego County Superior Court, case number 37-2019-00055587-CU-BC-CTL. ( Filing fee $ 400 receipt number 0974-13187371.), filed by Ford Motor Company, Ford of Chula Vista. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B - State Court Complaint, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Declaration)The new case number is 3:19-cv-2217-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case.(smd) (sjt).

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Search for this case: Hastings v. Ford Motor Company et al
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Plaintiff: David Hastings
Represented By: Tionna Dolin
Represented By: Cinela Aziz
Represented By: Payam Shahian
Represented By: Anh X. Nguyen
Represented By: Brian Tate Shippen-Murray
Represented By: Dara Tabesh
Represented By: Erik Kronholm Schmitt
Represented By: Michael Harris Rosenstein
Represented By: Sepehr Daghighian
Represented By: Christine J. Haw
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Defendant: DOES 1 through 10
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Defendant: Ford Motor Company
Represented By: Charles Harlow
Represented By: Stephen H. Dye
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Defendant: Ford of Chula Vista
Represented By: Charles Harlow
Represented By: Stephen H. Dye
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