Lindland v. TuSimple, Inc. et al
| John Lindland |
| TuSimple, Inc. and DOES 1-100 |
| 3:2021cv00417 |
| March 10, 2021 |
| US District Court for the Southern District of California |
| Mitchell D Dembin |
| Ruth Bermudez Montenegro |
| Janis L Sammartino |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 57
REPLY to Response to Motion re #37 MOTION for Summary Judgment re Evidentiary Objections to Evidence Submitted by Plaintiff with Opposition filed by TuSimple, Inc.. (Hexom, Mandy) (jpp).
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Filing 56
REPLY to Response to Motion re #37 MOTION for Summary Judgment filed by TuSimple, Inc.. (Attachments: #1 Declaration Declaration of Mandy D. Hexom, #2 Declaration Declaration of Xiaodi Hou, #3 Declaration Declaration of Jim Mullen, #4 Statement of Facts Joint Separate Statement)(Hexom, Mandy) (jpp).
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Filing 55
REPLY to Response to Motion re #39 MOTION for Order for Choice of Law Determination filed by TuSimple, Inc.. (Hexom, Mandy) (jpp).
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Filing 54
RESPONSE in Opposition re #39 MOTION for Order for Choice of Law Determination filed by John Lindland. (Attachments: #1 Declaration of Madeline Baker, #2 Declaration of John Lindland)(Baker, Madeline)(jrm).
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Filing 53
RESPONSE in Opposition re #37 MOTION for Summary Judgment filed by John Lindland. (Attachments: #1 Declaration of Madeline Baker, #2 Declaration of John Lindland)(Baker, Madeline) (jrm).
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Filing 52
SEALED LODGED Proposed Document re: #51 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Baker, Madeline)
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Filing 51
MOTION to File Documents Under Seal (With attachments)(Baker, Madeline)
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Filing 50
NOTICE of Appearance by David G. Molinari on behalf of TuSimple, Inc. (Molinari, David)Attorney David G. Molinari added to party TuSimple, Inc.(pty:dft) (jpp).
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Filing 49
NOTICE of Appearance of David Molinari by Mandy D Hexom on behalf of TuSimple, Inc. (Hexom, Mandy) (jpp).
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Filing 48
ORDER: (1) Setting briefing schedules on motion for summary judgment and motion for Order for choice of law determination; and (2) Vacating Final Pretrial Conference pending rulings on motions (Docs #20 , #37 , #39 ). Signed by District Judge Ruth Bermudez Montenegro on 5/25/2022.(jpp)
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Filing 47
NOTICE of Appearance of David Molinari by Mandy D Hexom on behalf of TuSimple, Inc. (Hexom, Mandy) (jpp).
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Filing 46
REPLY to Response to Motion re #38 MOTION to Exclude Expert Testimony of Horacio Valeiras filed by TuSimple, Inc.. (Hexom, Mandy) (jpp).
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Filing 45
REPLY to Response to Motion re #32 MOTION to Exclude the Testimony of Defendant's Expert Witness Richard Holstrom Under Federal Rule of Evidence 702 filed by John Lindland. (Baker, Madeline) (jpp).
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Filing 44
RESPONSE in Opposition re #32 MOTION to Exclude the Testimony of Defendant's Expert Witness Richard Holstrom Under Federal Rule of Evidence 702 filed by TuSimple, Inc.. (Attachments: #1 Declaration Declaration of Mandy D. Hexom)(Hexom, Mandy) (jpp).
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Filing 43
RESPONSE in Opposition re #38 MOTION to Exclude Expert Testimony of Horacio Valeiras filed by John Lindland. (Attachments: #1 Declaration of Madeline Baker In Support of Plaintiff John Lindland's Opposition to Defendant TuSimple, Inc.'s Motion to Exclude the Testimony of Horacio Valeiras Pursuant to Federal Rules of Evidence 702)(Baker, Madeline) (jpp).
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Filing 42
ORDER vacating hearing on #22 , #38 hearings on Motions to Exclude the Testimony set for 5/05/2022 at 3:00pm. At this time, there will be no oral argument, and the Court takes the matter under submission pursuant to Civil Local Rule 7.1(d)(1). Signed by District Judge Ruth Bermudez Montenegro on 4/18/2022.(jpp)
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Filing 41
ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Ruth Bermudez Montenegro. All dates currently set before Judge Sammartino remain as scheduled before Judge Montenegro. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 21-cv-00417-RBM-MDD. Signed by Judge Janis L. Sammartino on 4/7/2022. (tcf)
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Filing 40
ORDER Denying without Prejudice Plaintiff's Motion to Bifurcate and Denying as Moot Defendant's Evidentiary Objections (ECF Nos. #23 , #28 ). The Court DENIES Plaintiff's Motion (ECF No. #23 ), WITHOUT PREJUDICE to Plaintiff renewing his motion after pretrial motion practice has been completed, and DENIES AS MOOT Defendant's Evidentiary Objections (ECF No. #28 ). Signed by Judge Janis L. Sammartino on 4/5/2022. (tcf)
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Filing 39
MOTION for Order for Choice of Law Determination by TuSimple, Inc.. (Attachments: #1 Declaration, #2 Memo of Points and Authorities)(Hexom, Mandy) (tcf).
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Filing 38
MOTION to Exclude Expert Testimony of Horacio Valeiras by TuSimple, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Hexom, Mandy) (tcf).
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Filing 37
MOTION for Summary Judgment by TuSimple, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Statement of Facts)(Hexom, Mandy) (tcf).
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Filing 36
SEALED LODGED Proposed Document re: #35 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Hexom, Mandy)
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Filing 35
MOTION to File Documents Under Seal (With attachments)(Hexom, Mandy)
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Filing 34
SEALED LODGED Proposed Document re: #33 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Riznyk, Steven) (fth).
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Filing 33
MOTION to File Documents Under Seal (With attachments)(Riznyk, Steven) (fth).
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Filing 32
MOTION to Exclude the Testimony of Defendant's Expert Witness Richard Holstrom Under Federal Rule of Evidence 702 by John Lindland. (Attachments: #1 Declaration of Stefano Riznyk ISO Plaintiff John Lindland's Motion to Exclude the Testimony of Defendant's Expert Witness Richard Holstrom Under Federal Rule of Evidence 702)(Riznyk, Steven) (ddf).
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Filing 31
ORDER Denying without Prejudice #13 Defendant's Motion for Order for Choice of Law Determination and Denying Request for Judicial Notice in Support Thereof. Signed by Judge Janis L. Sammartino on 3/8/2022. (tcf)
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Filing 30
Order Vacating Mandatory Settlement Conference: The Court has reviewed the parties' confidential settlement briefs in advance of the Mandatory Settlement Conference set for February 9, 2022. Neither parties' briefs show any evidence of any intention to compromise. The Court also notes that the parties had two fulsome settlement conferences that were unsuccessful. Additionally, the Court's ability to facilitate a settlement is impacted by the pending motion for choice of law determination. Accordingly, the Court VACATES the Mandatory Settlement Conference set for February 9, 2022. If both parties' agree that a settlement conference would be beneficial, they may submit a joint request and the Court will set a settlement videoconference. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 02/04/2022.(no document attached) (jb1)
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Filing 29
ORDER Vacating Hearing and Taking Matter Under Submission on the Papers without Oral Argument re #23 Motion to Bifurcate. The Court hereby VACATES the 1/6/2022 hearing scheduled for this matter and takes it under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 12/30/2021. (tcf)
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Filing 28
AMENDED DOCUMENT by TuSimple, Inc.. Amendment to #27 Objection by TuSimple, Inc. re #26 Reply to Response to Motion, Evidentiary Objections to Riznyk Reply Declaration [26-1]. (Hexom, Mandy) (tcf).
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Filing 27
OBJECTION by TuSimple, Inc. re #26 Reply to Response to Motion, Evidentiary Objections to Riznyk Reply Declaration (ECF No. 26-1). (Hexom, Mandy) (tcf).
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Filing 26
REPLY to Response to Motion re #23 MOTION to Bifurcate filed by John Lindland. (Attachments: #1 Declaration of Stefano Riznyk ISO Plaintiff John Lindland's Reply to Defendant's Opposition re: Plaintiff's Motion to Bifurcate)(Riznyk, Steven) (tcf).
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Filing 25
RESPONSE in Opposition re #23 MOTION to Bifurcate filed by TuSimple, Inc. (Hexom, Mandy)
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Filing 24
NOTICE of Appearance And Association of Counsel by Madeline Lee Baker on behalf of John Lindland (Baker, Madeline)Attorney Madeline Lee Baker added to party John Lindland(pty:pla) QC mailer sent re: attorney needs to update contact information in Pacer (tcf).
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Filing 23
MOTION to Bifurcate by John Lindland. (Attachments: #1 Declaration of John Lindland In Support of Motion to Bifurcate)(Riznyk, Steven) (tcf).
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Filing 22
NOTICE OF WITHDRAWAL OF DOCUMENT by John Lindland re #21 MOTION to Bifurcate filed by John Lindland . (Riznyk, Steven) (tcf).
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Filing 21
***Document withdrawn per ECF #22 *** MOTION to Bifurcate by John Lindland. (Attachments: #1 Declaration of John Lindland In Support of Motion to Bifurcate)(Riznyk, Steven) QC mailer sent re: attorney's signature does not match account used to file (tcf). Modified to withdraw on 11/8/2021 (tcf).
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Filing 20
Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings [ECF No. #19 ]. A Mandatory Settlement Conference is set for 2/9/2022 at 9:30 AM via Videoconference with Magistrate Judge Mitchell D. Dembin. A Memoranda of Contentions of Fact and Law is due by 6/2/2022. The Proposed Pretrial Order is due by 6/23/2022. The Final Pretrial Conference is set for 6/30/2022 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Mitchell D. Dembin on 11/8/2021. (tcf)
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Filing 19
Joint MOTION to Continue Fact Discovery by TuSimple, Inc.. (Hexom, Mandy) (tcf).
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Filing 18
ORDER granting #17 Motion for Protective Order: Upon due consideration, and good cause appearing, the Court GRANTS the parties' stipulated protective order. See attached order. Signed by Magistrate Judge Mitchell D. Dembin on 09/27/2021. (jb1)
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Filing 17
Joint MOTION for Protective Order by TuSimple, Inc. (Hexom, Mandy) (tcf).
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Filing 16
REPLY to Response to Motion re #13 MOTION Order for Choice of Law Determination filed by TuSimple, Inc. (Hexom, Mandy) (tcf).
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Filing 15
ORDER Vacating Hearing and Taking Matter Under Submission on the Papers without Oral Argument re #13 Motion for Order for Choice of Law Determination. The Court hereby VACATES the 9/2/2021 hearing scheduled for this matter and takes it under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 8/26/2021. (tcf)
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Filing 14
RESPONSE to Motion re #13 MOTION Order for Choice of Law Determination filed by John Lindland. (Attachments: #1 Exhibit Exhibits A-I, #2 Declaration Declaration of John Lindland, #3 Declaration Declaration of John Lindland re: Authentication of Exhibits, #4 Declaration Declaration of Madeline Baker re: Authentication of Exhibits)(Riznyk, Steven) (ag).
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Filing 13
MOTION Order for Choice of Law Determination by TuSimple, Inc. (Attachments: #1 Declaration Declaration of Jim Mullen in Support of Motion, #2 Request for Judicial Notice)(Hexom, Mandy) (tcf).
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Filing 12
SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Mandatory Settlement Conference set for 12/9/2021 09:30 AM before Magistrate Judge Mitchell D. Dembin. Memorandum of Contentions of Fact and Law due by 3/31/2022. Proposed Pretrial Order due by 4/21/2022. Final Pretrial Conference set for 4/28/2022 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino.. Signed by Magistrate Judge Mitchell D. Dembin on 5/25/2021.(jpp) (dlg).
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Filing 11
Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Early Neutral Evaluation Conference held on 5/25/2021, Case Management Conference held on 5/25/2021. The case did not settle. Order to follow.(Plaintiff Attorney Madeline Baker; Stefano Riznyk). (Defendant Attorney Mandy Hexom; David Molinari). (Plaintiff John Lindland; Defendant Representatives Jim Mullen and Oren Eden; and Defendant's Carrier Representative Judy Border).(no document attached) (jb1)
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Filing 10
Order Converting ENE/CMC to a videoconference: The Court finds good cause to CONVERT the ENE/CMC scheduled for May 25, 2021 to a videoconference via Zoom. Counsel are ORDERED to e-mail efile_dembin@casd.uscourts.gov on or before May 20, 2021 a list of the participants for the ENE/CMC, their role, and their e-mail address so that the Court may send an invitation to the videoconference. SO ORDERED by Magistrate Judge Mitchell D. Dembin on 05/18/2021.(no document attached) (jb1)
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Filing 9
NOTICE of Dial-In Information. Teleconference set for 5/25/2021 at 9:30 AM. (tcf)
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Filing 8
NOTICE AND ORDER for Telephonic Early Neutral Evaluation/Case Management Conference. A Telephonic Early Neutral Evaluation/Case Management Conference is set for 5/25/2021 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. The Joint Discovery Plan is due 5/18/2021. Signed by Magistrate Judge Mitchell D. Dembin on 4/20/2021. (tcf)
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Filing 7
Corporate Disclosure Statement by TuSimple, Inc. identifying Corporate Parent TuSimple Holdings, Inc. for TuSimple, Inc. (Hexom, Mandy) (tcf).
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Filing 6
NOTICE of Party With Financial Interest by TuSimple, Inc. Identifying Corporate Parent TuSimple Holdings, Inc. for TuSimple, Inc. (Hexom, Mandy) (tcf).
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Filing 5
ANSWER to #1 Complaint, by TuSimple, Inc. (Hexom, Mandy) (tcf).
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Filing 4
NOTICE of Appearance by Mandy D Hexom on behalf of TuSimple, Inc. (Hexom, Mandy)Attorney Mandy D Hexom added to party TuSimple, Inc.(pty:dft) (tcf).
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Filing 3
SUMMONS Returned Executed by John Lindland. TuSimple, Inc. served. (Riznyk, Steven) (tcf).
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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. (smd) (sjt).
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Filing 1
COMPLAINT with Jury Demand against DOES 1-100, TuSimple, Inc. ( Filing fee $ 402 receipt number ACASDC-15503732.), filed by John Lindland. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:21-cv-417-JLS-MDD. Judge Janis L. Sammartino and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Riznyk, Steven)(smd) (sjt).
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