Potts et al v. Ford Motor Company et al
Rachael Potts and Jamiko Rei Bell |
Ford Motor Company, Carmax Auto Superstores California, LLC, DOES 1 to 10 and Does 1 through 10 |
3:2021cv00256 |
February 10, 2021 |
US District Court for the Southern District of California |
Anthony J Battaglia |
Roger T Benitez |
Bernard G Skomal |
Contract: Other |
28 U.S.C. § 1332 Diversity Action |
Both |
Docket Report
This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.
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Filing 79 ORDER Granting Joint Motion of Dismissal with Prejudice. Signed by Judge Anthony J. Battaglia on 10/4/2022. (jrm) |
Filing 78 Joint MOTION to Dismiss by Jamiko Rei Bell, Rachael Potts. (Moses, Jeffrey) (jrm). |
Filing 77 NOTICE of Withdrawal of Counsel by Ford Motor Company (Avelar, Jason)(jrm). |
Filing 76 NOTICE of Appearance by James P. Leonard, II on behalf of Ford Motor Company (Leonard, James)Attorney James P. Leonard, II added to party Ford Motor Company(pty:dft)(jrm). |
Filing 75 NOTICE of Vacated Hearing(s) : Pretrial Conference vacated, due to settlement of this case. (no document attached) (sc) |
Filing 74 Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 9/29/2022. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 9/29/2022, then a Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 10/5/2022 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/22/2022.(All non-registered users served via U.S. Mail Service)(jrm) |
Filing 73 ORDER BY JUDGE BATTAGLIA: finding as moot #41 Motion for Summary Judgment; finding as moot #42 Motion for Summary Judgment; finding as moot #47 Motion for leave to amend complaint, in light of the settlement reached in this case. (no document attached) (sc) |
Filing 72 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 8/15/2022. Judge Skomal settled the case. Court to issue Settlement Disposition Conference Order setting deadline to file joint motion to dismiss. (Plaintiffs' Attorney Jeffrey Moses). (Defendants' Attorneys Joel L. Williams, Jamie Keeton, Jason Avelar). (Rachel Potts, Jamiko Rei Bell, Rob Tiberi, Luis Gomez).(no document attached) (rxa) |
Filing 71 NOTICE of Change of Hearing on Motion re #42 MOTION for Summary Judgment , #41 MOTION for Summary Judgment , #47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint : Motion Hearing previously set for 8/18/2022 is vacated and reset for 9/29/2022 at 02:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (All non-registered users served via U.S. Mail Service)(no document attached) (lrf) |
Filing 70 MINUTE ORDER By Judge Anthony J. Battaglia: The Court denies #67 Ex Parte MOTION for Extension of Time to File Response/Reply as to #66 Notice and Order of Document Discrepancies, 48 Order Setting Briefing Schedule . Signed by Judge Anthony J. Battaglia on 8/3/2022. (no document attached) (lrf) |
Filing 69 RESPONSE in Opposition re #67 Ex Parte MOTION for Extension of Time to File Response/Reply as to #66 Notice and Order of Document Discrepancies, 48 Order Setting Briefing Schedule, filed by Ford Motor Company. (Attachments: #1 Declaration Jason Avelar)(Avelar, Jason) (jrm). |
Filing 68 ORDER Regarding August 15, 2022 Mandatory Settlement Conference. Signed by Magistrate Judge Bernard G. Skomal on 7/28/2022.(All non-registered users served via U.S. Mail Service)(jrm) |
Filing 67 Ex Parte MOTION for Extension of Time to File Response/Reply as to #66 Notice and Order of Document Discrepancies,,, 48 Order Setting Briefing Schedule, by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration)(Moses, Jeffrey) (mef). |
Filing 66 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #59 Reply - Other, from Plaintiffs Jamiko Rei Bell, Rachael Potts. Non-compliance with local rule(s), Judge Battaglias Chambers Rule II.A: Objections relating to the motion should be set forth in the parties opposition or reply. Separate statement of objections will NOT be allowed. The inclusion of objections does not expand the page limits set. ECF 2(a), (g) - Docket entry does not accurately reflect the document(s) file. 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 Anthony J. Battaglia on 7/22/2022.(All non-registered users served via U.S. Mail Service)(jrm) |
Filing 65 NOTICE of Review by Jamiko Rei Bell, Rachael Potts re #41 MOTION for Summary Judgment , #42 MOTION for Summary Judgment (Moses, Jeffrey) (jrm). |
Filing 64 RESPONSE in Support re #41 MOTION for Summary Judgment filed by Carmax Auto Superstores California, LLC. (Attachments: #1 Declaration Joel Williams)(Williams, Joel)(jrm). |
Filing 63 RESPONSE in Support re #42 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Declaration Jason Avelar)(Avelar, Jason)(jrm). |
Filing 62 NOTICE of Appearance by Jeffrey Orville Moses on behalf of Jamiko Rei Bell, Rachael Potts (Moses, Jeffrey)Attorney Jeffrey Orville Moses added to party Jamiko Rei Bell(pty:pla), Attorney Jeffrey Orville Moses added to party Rachael Potts(pty:pla) (jpp). |
Filing 61 RESPONSE in Opposition re #42 MOTION for Summary Judgment filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration, #2 Declaration)(Moses, Jeffrey) (jpp). |
Filing 60 RESPONSE in Opposition re #41 MOTION for Summary Judgment filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration, #2 Declaration)(Moses, Jeffrey) (jpp). |
Filing 59 ***Document Stricken per Order #66 *** REPLY - Other re #54 Response in Opposition to Motion, Objection to Ford's Evidence/Request for Judicial Notice filed by Jamiko Rei Bell, Rachael Potts. (Cline, Brian) (jpp). Modified to strike on 7/22/2022 (jrm). (Additional attachment(s) added on 7/22/2022: #1 Stricken Document Form) (jrm). |
Filing 58 REPLY - Other re #54 Response in Opposition to Motion, Reply to defendant Ford Motor Company's Opposition to Motion for Leave to Amend filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration of Brian K. Cline)(Cline, Brian) (jpp). |
Filing 57 REPLY - Other re #56 Response in Opposition to Motion Reply to defendant CarMax's Opposition to Motion for Leave to Amend filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration of Brian K. Cline)(Cline, Brian) (jpp). |
Filing 56 RESPONSE in Opposition re #47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint filed by Carmax Auto Superstores California, LLC. (Williams, Joel) (jrm). |
Filing 55 NOTICE OF WITHDRAWAL OF DOCUMENT by Carmax Auto Superstores California, LLC re #53 Response in Opposition to Motion filed by Carmax Auto Superstores California, LLC . (Williams, Joel) (jrm). |
Filing 54 RESPONSE in Opposition re #47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint filed by Ford Motor Company. (Attachments: #1 Declaration Jason Avelar, #2 Request for Judicial Notice)(Avelar, Jason)(jrm). |
Filing 53 ***Document withdrawn per Doc. #55 *** RESPONSE in Opposition re #47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint filed by Carmax Auto Superstores California, LLC. (Williams, Joel) Modified to withdraw on 6/30/2022 (jrm). |
Filing 52 ORDER Granting Ex Parte Motion to Continue Briefing Schedule (Doc. No. #50 ). Plaintiffs' opposition is now due on 7/7/2022 and Defendants' replies are now due by 7/14/2022. Motion hearing remains as currently scheduled. Signed by Judge Anthony J. Battaglia on 6/23/2022. (jrm) |
Filing 51 RESPONSE in Opposition re #50 Ex Parte MOTION to Continue and/or Enlarge Time re: Briefing Schedule filed by Carmax Auto Superstores California, LLC, Ford Motor Company. (Attachments: #1 Declaration Jason Avelar, #2 Declaration Jamie Keeton)(Avelar, Jason) (jrm). |
Filing 50 Ex Parte MOTION to Continue and/or Enlarge Time re: Briefing Schedule by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration of Brian K. Cline ISO)(Cline, Brian)(jrm). |
Filing 49 NOTICE of Continued Hearing on Motion #42 MOTION for Summary Judgment , #41 MOTION for Summary Judgment : Motion Hearing continued to 8/18/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (All non-registered users served via U.S. Mail Service)(no document attached) (sc) |
Filing 48 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint : Responses due by 6/29/2022; Replies due by 7/6/2022;. Motion Hearing set for 8/18/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) |
Filing 47 MOTION Plaintiffs' Motion for Leave to Amend the First Amended Complaint by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration Declaration of Mark A. Johnson in Support of Plaintiffs' Motion for Leave to Amend the First Amended Complaint, #2 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Leave to Amend the First Amended Complaint)(Cline, Brian)Attorney Brian Kelly Cline added to party Jamiko Rei Bell(pty:pla), Attorney Brian Kelly Cline added to party Rachael Potts(pty:pla)(jrm). |
Filing 46 Order Granting Joint Motion for Order Continuing Briefing Schedule Order 44 Re #42 Motion for Summary Judgment and #41 Motion for Summary Judgment. Responses due by 6/21/2022 Replies due by 6/28/2022. Motion Hearing continued to 8/11/2022 02:00 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 5/27/2022. (All non-registered users served via U.S. Mail Service)(jrm) |
Filing 45 Joint MOTION for Order Continuing Briefing Schedule by Jamiko Rei Bell, Rachael Potts. (Johnson, Mark)(jrm). |
Filing 44 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #42 MOTION for Summary Judgment , #41 MOTION for Summary Judgment : Responses due by 6/7/2022; Replies due by 6/14/2022; sur-replies will not be accepted. Motion Hearing set for 7/14/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc) |
Filing 43 NOTICE of Lodgment by Ford Motor Company re #42 MOTION for Summary Judgment (Avelar, Jason) (jrm). |
Filing 42 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Jason Avelar)(Avelar, Jason)(jrm). |
Filing 41 MOTION for Summary Judgment by Carmax Auto Superstores California, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Appendix Exhibits in Support)(Williams, Joel) (jrm). |
Filing 40 ORDER Granting in Part Joint Motion of the Parties to Amend the Scheduling Order (ECF #39 ). Signed by Magistrate Judge Bernard G. Skomal on 2/7/2022. (jrm) |
Filing 39 Joint MOTION to Amend/Correct #37 Scheduling Order, by Carmax Auto Superstores California, LLC. (Attachments: #1 Declaration Declaration of JLW ISO Joint Motion, #2 Declaration Declaration of JDL ISO Joint Motion, #3 Exhibit Proposed Amended Scheduling Order)(Williams, Joel) (jmo). |
Filing 38 MINUTE ORDER OF TRANSFER. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Anthony J. Battaglia for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 21cv256-AJB-BGS.(no document attached) (ave) |
Filing 37 SCHEDULING ORDER: Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 8/15/2022 02:00 PM before Magistrate Judge Bernard G. Skomal. Memorandum of Contentions of Fact and Law due by 8/29/2022. Proposed Pretrial Order due by 9/19/2022. Final Pretrial Conference set for 9/26/2022 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Bernard G. Skomal on 10/12/2021.(zda) |
Filing 36 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 10/4/2021. Case did not settle. Court to issue Scheduling Order. (Plaintiffs' Attorney Julian Daniel Lopez). (Defendants' Attorney Jason Michael Avelar, Kurt A. Schlichter). (Rachael Potts, Jamiko Rei Bell, James Reavill, Claire Frost).(no document attached) (rxa) |
Filing 35 NOTICE of Appearance by Kurt Andrew Schlichter on behalf of Carmax Auto Superstores California, LLC (Schlichter, Kurt)Attorney Kurt Andrew Schlichter added to party Carmax Auto Superstores California, LLC(pty:dft) (jpp). |
Filing 34 NOTICE of Appearance by Joel L. Williams on behalf of Carmax Auto Superstores California, LLC (Williams, Joel)Attorney Joel L. Williams added to party Carmax Auto Superstores California, LLC(pty:dft) (jpp). |
Filing 33 REPORT of Rule 26(f) Planning Meeting. (Avelar, Jason) (jpp). |
Filing 32 NOTICE of Appearance by Julian Daniel Lopez on behalf of Jamiko Rei Bell, Rachael Potts (Lopez, Julian)Attorney Julian Daniel Lopez added to party Jamiko Rei Bell(pty:pla), Attorney Julian Daniel Lopez added to party Rachael Potts(pty:pla) (jpp). |
Filing 31 NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 compliance and Case Management Conference. Early Neutral Evaluation set for 10/4/2021 at 2:00pm. Joint Discovery Plan due 9/20/2021. Signed by Magistrate Judge Bernard G. Skomal on 8/13/2021.(jpp) (dlg). |
Filing 30 ANSWER to #23 Amended Complaint by Ford Motor Company.(Avelar, Jason) (jpp). |
Filing 29 ORDER granting in part #24 Motion to Dismiss. Signed by Judge Roger T. Benitez on 7/21/2021. (jpp) |
Filing 28 Minute Order issued by the Honorable Roger T. Benitez: Submitting #24 MOTION to Dismiss First Amended Complaint. Court to issue written Order. Motion Hearing date of 7/19/2021 is hereby vacated. (no document attached) (gxr) |
Filing 27 RESPONSE in Support re #24 MOTION to Dismiss First Amended Complaint filed by Ford Motor Company. (Avelar, Jason) (jpp). |
Filing 26 RESPONSE in Opposition re #24 MOTION to Dismiss First Amended Complaint filed by Jamiko Rei Bell, Rachael Potts. (Hirsh, Amy) (jpp). |
Filing 25 ANSWER to #23 Amended Complaint by Carmax Auto Superstores California, LLC.(Keeton, Jamie) (jpp). |
Filing 24 MOTION to Dismiss First Amended Complaint by Ford Motor Company. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Avelar, Jason) (jpp). |
Filing 23 AMENDED COMPLAINT with Jury Demand First against All Defendants, filed by Rachael Potts, Jamiko Rei Bell. (Johnson, Mark) (mme). |
Filing 22 ORDER: (1) Denying #11 Motion to Remand; and (2) Granting Motions #4 , #5 , #10 to Dismiss. Plaintiffs may file a First Amended Complaint within fourteen (14) days that cures the pleading deficiencies identified in this Order. Plaintiff may not add additional claims or parties without seeking leave from the Court. If Plaintiffs fail to cure the deficiencies outlined by the Court, the Court may dismiss this matter with prejudice. Signed by Judge Roger T. Benitez on 5/19/2021. (mme) |
Filing 21 Minute Order issued by the Honorable Roger T. Benitez: Submitting #11 MOTION to Remand to State Court . Court to issue written Order. Motion Hearing date of 4/19/2021 is hereby vacated. (no document attached) (gxr) |
Filing 20 REPLY to Response to Motion re #11 MOTION to Remand to State Court filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Declaration, #2 Supplement Opposition to Request for Judicial Notice)(Hirsh, Amy) (mme). |
Filing 19 DECLARATION re #17 Response in Opposition to Motion to Remand by Defendant Carmax Auto Superstores California, LLC. (Keeton, Jamie) (mme). |
Filing 18 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Ford Motor Company. (Attachments: #1 Declaration, #2 Request for Judicial Notice)(Avelar, Jason) (mme). |
Filing 17 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Carmax Auto Superstores California, LLC. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit Exhibits 1-8)(Keeton, Jamie) (mme). |
Filing 16 Minute Order issued by the Honorable Roger T. Benitez: Submitting [4-1] MOTION to Strike portions of Plaintiffs' Complaint, [4-2] MOTION to Strike Document Plaintiffs' Complaint, [5-1] MOTION to Dismiss for Failure to State a Claim, #10 MOTION to Dismiss Plaintiffs' Complaint. Court to issue written Order. Motion Hearing date of 3/22/2021 is hereby vacated. (no document attached) (gxr) |
Filing 15 REPLY in Support re #10 MOTION to Dismiss Plaintiffs' Complaint filed by Ford Motor Company. (Avelar, Jason) Modified on 3/16/2021 to edit "response" to "reply" (mme). |
Filing 14 REPLY to Response to Motion re #5 MOTION to Dismiss for Failure to State a Claim , #4 MOTION to Strike portions of Plaintiffs' Complaint MOTION to Strike Document Plaintiffs' Complaint filed by Carmax Auto Superstores California, LLC. (Keeton, Jamie) (mme). |
Filing 13 RESPONSE in Opposition re #10 MOTION to Dismiss Plaintiffs' Complaint filed by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Supplement Objection to Defendant's Request for Judicial Notice)(Hirsh, Amy) (mme). |
Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim , #4 MOTION to Strike portions of Plaintiffs' Complaint MOTION to Strike Document Plaintiffs' Complaint filed by Jamiko Rei Bell, Rachael Potts. (Hirsh, Amy) (mme). |
Filing 11 MOTION to Remand to State Court by Jamiko Rei Bell, Rachael Potts. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Amy Hirsh, #3 Supplement Objection of Evidence)(Hirsh, Amy) (mme). |
Filing 10 MOTION to Dismiss Plaintiffs' Complaint by Ford Motor Company. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Avelar, Jason) (mme). |
Filing 9 DEMAND for Trial by Jury by Jamiko Rei Bell, Rachael Potts. (Johnson, Mark) (mme). |
Filing 8 NOTICE of Appearance by Mark Anthony Johnson on behalf of Jamiko Rei Bell, Rachael Potts (Johnson, Mark)Attorney Mark Anthony Johnson added to party Jamiko Rei Bell(pty:pla), Attorney Mark Anthony Johnson added to party Rachael Potts(pty:pla) (mme). |
Filing 7 NOTICE of Party With Financial Interest by Carmax Auto Superstores California, LLC . Identifying Other Affiliate Carmax Auto Superstores West Coast, Inc. for Carmax Auto Superstores California, LLC. (Keeton, Jamie) (mme). |
Filing 6 DEMAND for Trial by Jury by Carmax Auto Superstores California, LLC. (Keeton, Jamie) (mme). |
Filing 5 MOTION to Dismiss for Failure to State a Claim by Carmax Auto Superstores California, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Keeton, Jamie) *QC Mailer sent - proposed order should not be attached*(mme). |
Filing 4 MOTION to Strike portions of Plaintiffs' Complaint, MOTION to Strike Document Plaintiffs' Complaint by Carmax Auto Superstores California, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Keeton, Jamie)Attorney Jamie Lynn Keeton added to party Carmax Auto Superstores California, LLC(pty:dft) (mme). |
Filing 3 NOTICE of Party With Financial Interest by Ford Motor Company. Identifying Other Affiliate Black Rock, Inc., and certain affiliates, Other Affiliate The Vanguard Group, and certain affiliates, Other Affiliate State Street Corporation for Ford Motor Company. (smd) (sjt). |
Filing 2 DEMAND for Trial by Jury by Ford Motor Company. (smd) (sjt). |
Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-15364302.), filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration, #8 Proof of Service)The new case number is 3:21-cv-256-BEN-BGS. Judge Roger T. Benitez and Magistrate Judge Bernard G. Skomal are assigned to the case.(smd) (sjt). |
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