Modiano et al v. BMW of North America, LLC et al
Plaintiff: Prepango LLC and Marcos Modiano
Defendant: BMW of North America, LLC and DOES 1 to 10
Case Number: 3:2021cv00040
Filed: January 11, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Mitchell D Dembin
Referring Judge: Dana M Sabraw
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2021 Filing 17 NOTICE of Appearance by Amy L. Hirsh on behalf of Marcos Modiano, Prepango LLC (Hirsh, Amy)Attorney Amy L. Hirsh added to party Marcos Modiano(pty:pla), Attorney Amy L. Hirsh added to party Prepango LLC(pty:pla) (mme).
March 8, 2021 Opinion or Order Filing 16 ORDER re: Oral Argument. The March 12, 201 hearing is vacated. Signed by Chief District Judge Dana M. Sabraw on 3/8/2021.(jmr)
March 5, 2021 Filing 15 REPLY to Response to Motion re #11 MOTION to Remand filed by Marcos Modiano, Prepango LLC. (Attachments: #1 Supplement Objection to Defendant's Declaration and Exhibits)(Lopez, Julian) (jmr).
February 26, 2021 Filing 14 RESPONSE in Opposition re #11 MOTION to Remand filed by BMW of North America, LLC. (Attachments: #1 Declaration)(Dixon, Robert) (mme).
February 25, 2021 Opinion or Order Filing 13 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 8/12/2021 09:30 AM before Magistrate Judge Mitchell D. Dembin. Memorandum of Contentions of Fact and Law due by 12/10/2021. Proposed Pretrial Order due by 12/31/2021. Final Pretrial Conference set for 1/7/2022 10:30 AM before Chief District Judge Dana M. Sabraw. Jury Trial set for 2/7/2022 09:00 AM before Chief District Judge Dana M. Sabraw. Signed by Magistrate Judge Mitchell D. Dembin on 2/25/2021.(mme)
February 25, 2021 Filing 12 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Early Neutral Evaluation Conference and Case Management Conference held on 2/25/2021. Case did not settle. Order to follow.(Plaintiff Attorney Amy L. Hirsh; Mark Anthony Johnson). (Defendant Attorney Robert Kenneth Dixon; David Middleton). (Defendant BMW Customer Support Engineer, Michael McCaffrey).(no document attached) (bxr)
February 5, 2021 Filing 11 MOTION to Remand by Marcos Modiano, Prepango LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Supplement Objections to Evidence, #4 Supplement Objections to Judicial Notice)(Lopez, Julian) (mme).
January 22, 2021 Filing 10 NOTICE of Appearance by Brian Kelly Cline on behalf of Marcos Modiano, Prepango LLC (Cline, Brian)Attorney Brian Kelly Cline added to party Marcos Modiano(pty:pla), Attorney Brian Kelly Cline added to party Prepango LLC(pty:pla) (mme).
January 22, 2021 Filing 9 NOTICE of Appearance by Mark Anthony Johnson on behalf of Marcos Modiano, Prepango LLC (Johnson, Mark)Attorney Mark Anthony Johnson added to party Marcos Modiano(pty:pla), Attorney Mark Anthony Johnson added to party Prepango LLC(pty:pla) (mme).
January 22, 2021 Filing 8 DEMAND for Trial by Jury by Marcos Modiano, Prepango LLC. (Lopez, Julian) (mme).
January 13, 2021 Filing 7 NOTICE of Appearance by David Middleton on behalf of BMW of North America, LLC (Middleton, David)Attorney David Middleton added to party BMW of North America, LLC(pty:dft) (mme).
January 12, 2021 Filing 6 NOTICE of Dial-In Information, re #5 Notice and Order for Early Neutral Evaluation conference. Teleconference set for 2/25/2021 at 9:30AM. (mme)
January 12, 2021 Opinion or Order Filing 5 NOTICE AND ORDER for Early Neutral Evaluation Conference/Case Management Conference. Early Neutral Evaluation set for 2/25/2021 09:30 AM before Magistrate Judge Mitchell D. Dembin. Case Management Conference set for 2/25/2021 09:30 AM before Magistrate Judge Mitchell D. Dembin. Joint Discovery Plan due 2/18/2021. Signed by Magistrate Judge Mitchell D. Dembin on 1/12/2021.(mme)
January 8, 2021 Filing 4 NOTICE of Party With Financial Interest by BMW of North America, LLC. Identifying Other Affiliate BMW (US) Holding Corp. for BMW of North America, LLC. (sjt)
January 8, 2021 Filing 3 DEMAND for Trial by Jury by BMW of North America, LLC. (sjt)
January 8, 2021 Filing 2 ANSWER to Complaint (Notice of Removal) by BMW of North America, LLC. (sjt)
January 8, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand. #1 Declaration, #2 Civil Cover Sheet, #3 Request for Judicial Notice, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G ( Filing fee $ 402 receipt number ACASDC-15186149). Filed by BMW of North America, LLC.The new case number is 3:21-cv-40-DMS-MDD. Judge Dana M. Sabraw and Magistrate Judge Mitchell D. Dembin are assigned to the case.(sjt)

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Defendant: BMW of North America, LLC
Represented By: Robert Kenneth Dixon
Represented By: David Middleton
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Defendant: DOES 1 to 10
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Plaintiff: Prepango LLC
Represented By: Julian Daniel Lopez
Represented By: Amy L. Hirsh
Represented By: Mark Anthony Johnson
Represented By: Brian Kelly Cline
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Plaintiff: Marcos Modiano
Represented By: Julian Daniel Lopez
Represented By: Amy L. Hirsh
Represented By: Mark Anthony Johnson
Represented By: Brian Kelly Cline
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