Baumanns v. FCA US, LLC et al
Plaintiff: Giavanni M. Baumanns
Defendant: Does 1 through 10, Carl Burgers Dodge Chrysler Jeep Ram World and FCA US, LLC
Case Number: 3:2021cv01054
Filed: June 3, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Michael S Berg
Referring Judge: Janis L Sammartino
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 bw Diversity -Breach of Warranty
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2022 Opinion or Order Filing 35 ORDER Granting #34 Joint Stipulation for Dismissal with Prejudice. Signed by Judge Janis L. Sammartino on 9/15/2022. (All non-registered users served via U.S. Mail Service) (tcf)
September 15, 2022 Opinion or Order Filing 34 Joint MOTION to Dismiss Case with Prejudice by FCA US, LLC. (Attachments: #1 Proposed Order)(Proudfoot, Matthew) (tcf).
July 26, 2022 Opinion or Order Filing 33 NOTICE of Disassociation of Counsel for Plaintiff by Giavanni M. Baumanns (Dolin, Tionna) (tcf).
July 11, 2022 Opinion or Order Filing 32 ORDER DISMISSING ACTION. As the Parties have failed to comply with a Court Order, the Court DISMISSES WITHOUT PREJUDICE this action. Signed by Judge Janis L. Sammartino on 7/11/2022. (All non-registered users served via U.S. Mail Service) (tcf)
June 22, 2022 Opinion or Order Filing 31 ORDER Requiring Parties to File Joint Status Report or Joint Motion to Dismiss - Motion to Dismiss Deadline 6/29/2022. Status Report due by 6/29/2022. Signed by Judge Janis L. Sammartino on 6/22/2022.(ave)
April 13, 2022 Opinion or Order Filing 30 AMENDED CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Pursuant to Rule 68, Judgment is entered in favor of Giavanni M. Baumanns ("Plaintiff") and against FCA US, LLC ("Defendant"). Defendant will pay the total amount of $75,000.00 to Plaintiff, as set out and pursuant to all other terms of, the Offer of Judgment. The Court awards Plaintiff attorneys' fees, costs, and expenses in the amount of $25,000. (tcf)
April 13, 2022 Opinion or Order Filing 29 ORDER (1) Granting Joint Motion to Resolve Attorney Fees, Costs, and Expenses; and (2) Denying Motion for Attorney Fees as Moot (ECF Nos. #26 , #28 ). Signed by Judge Janis L. Sammartino on 4/13/2022. (tcf)
April 12, 2022 Opinion or Order Filing 28 Joint MOTION to Alter Judgment The Parties Stipulation to Resolve Attorney Fees, Costs, and Expenses & Request for Entry of Judgment by Giavanni M. Baumanns. (Clark, Jason) (tcf).
March 22, 2022 Opinion or Order Filing 27 BILL OF COSTS submitted by Plaintiff Giavanni M. Baumanns in the amount of $ 803.75. Hearing set for 4/28/2022 at 01:30PM. (Attachments: #1 Declaration Declaration of Jason Clark in Support of Plaintiff's Application for the Bill of Costs, #2 Exhibit 1-6, #3 Notice of When the Clerk Will Hear The Application for the Bill of Costs)(Clark, Jason) (ddf).
March 22, 2022 Opinion or Order Filing 26 MOTION for Attorney Fees , Costs, and Expenses by Giavanni M. Baumanns. (Attachments: #1 Declaration Declaration of Jason Clark in Support of Plaintiff's Motion for Attorney's Fees, Costs, and Expenses, #2 Declaration Declaration of Payam Shahian in Support of Plaintiff's Motion for Attorney's Fees, Costs and Expenses, #3 Request for Judicial Notice in Support of Motion for Attorneys' Fees, Costs, and Expenses)(Clark, Jason) (ddf).
March 22, 2022 Opinion or Order Filing 25 NOTICE of Appearance of Counsel by Jason Patrick Clark on behalf of Giavanni M. Baumanns (Clark, Jason)Attorney Jason Patrick Clark added to party Giavanni M. Baumanns(pty:pla) (ddf).
March 8, 2022 Opinion or Order Filing 24 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that pursuant to Rule 68, Judgment is entered in favor of Giavanni M. Baumanns ("Plaintiff") and against FCA US, LLC ("Defendant"). Defendant will pay the total amount of $75,000.00 to Plaintiff, as set out and pursuant to all other terms of, the Offer of Judgment. (tcf)
March 7, 2022 Opinion or Order Filing 23 NOTICE of Acceptance with Offer of Judgment by Giavanni M. Baumanns (Dolin, Tionna) (tcf).
March 1, 2022 Opinion or Order Filing 22 ORDER Granting #21 Motion for Protective Order. Signed by Magistrate Judge Michael S. Berg on 3/1/2022. (tcf)
February 28, 2022 Opinion or Order Filing 21 Joint MOTION for Protective Order by Giavanni M. Baumanns. (Kuemerle, Karin) QC mailer sent re: proposed order filed on docket (tcf).
January 28, 2022 Opinion or Order Filing 20 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A telephonic attorneys-only Case Management Conference is set for 4/21/2022 at 10:00 AM before Magistrate Judge Michael S. Berg. A Mandatory Settlement Conference is set for 2/9/2023 at 9:30 AM before Magistrate Judge Michael S. Berg. The Memoranda of Contentions of Fact and Law is due by 2/23/2023. The Proposed Pretrial Order is due by 3/16/2023. The Final Pretrial Conference is set for 3/23/2023 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Michael S. Berg on 1/28/2022. (tcf)
January 28, 2022 Opinion or Order Filing 19 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Zoom Early Neutral Evaluation Conference held on 1/28/2022, the parties did not settle the case. Zoom Case Management Conference held on 1/28/2022; scheduling order to follow. (Plaintiff Attorney Tionna Dolin). (Defendant Attorney Matthew Proudfoot). (no document attached) (jxb)
January 28, 2022 Opinion or Order Filing 18 NOTICE of Change of Address by Tionna Dolin (Dolin, Tionna) (tcf).
January 21, 2022 Opinion or Order Filing 17 JOINT DISCOVERY PLAN by FCA US, LLC (Proudfoot, Matthew) (tcf).
January 21, 2022 Opinion or Order Filing 16 NOTICE of Appearance of Counsel by Karin Nelson Kuemerle on behalf of Giavanni M. Baumanns (Kuemerle, Karin)Attorney Karin Nelson Kuemerle added to party Giavanni M. Baumanns(pty:pla) (tcf).
December 6, 2021 Opinion or Order Filing 15 ORDER Resetting Zoom Early Neutral Evaluation Conference and Case Management Conference. An Early Neutral Evaluation is set for 1/28/2022 at 9:30 AM via video conference before Magistrate Judge Michael S. Berg. If the case does not settle during the ENE, the Court will conduct a Case Management Conference. A Joint Discovery Plan is due by 1/21/2022. Signed by Magistrate Judge Michael S. Berg on 12/6/2021.(ag)
November 29, 2021 Opinion or Order Filing 14 ORDER (1) Denying #8 Plaintiff's Request for Judicial Notice and (2) Denying Plaintiff's Motion to Remand. In sum, the Court finds that Defendant establishes, by a preponderance of the evidence, that the Parties are diverse and the amount in controversy is satisfied. Accordingly, the Court DENIES Plaintiff's Request for Judicial Notice and DENIES Plaintiff's Motion to Remand (ECF No. #8 ). Signed by Judge Janis L. Sammartino on 11/29/2021. (tcf)
July 30, 2021 Opinion or Order Filing 13 ORDER Vacating Hearing #8 Plaintiff Giavanni M. Baumanns's Motion to Remand. On its own motion, the Court VACATES the hearing scheduled for August 5, 2021 at 1:30 p.m. and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 7/30/2021. (tcf)
July 29, 2021 Opinion or Order Filing 12 REPLY to Response to Motion re #8 MOTION to Remand to State Court of California for the County of San Diego filed by Giavanni M. Baumanns. (Law, Daniel) (tcf).
July 22, 2021 Opinion or Order Filing 11 RESPONSE in Opposition re #8 MOTION to Remand to State Court of California for the County of San Diego filed by FCA US, LLC. (Attachments: #1 Declaration DECLARATION OF MATTHEW M. PROUDFOOT IN SUPPORT OF DEFENDANT FCA US LLCS OPPOSITION TO PLAINTIFFS MOTION FOR REMAND)(Proudfoot, Matthew) (tcf).
July 19, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Rachel Kashani on behalf of FCA US, LLC (Kashani, Rachel)Attorney Rachel Kashani added to party FCA US, LLC(pty:dft) (tcf).
July 1, 2021 Opinion or Order Filing 9 ORDER Granting #7 Joint Motion to Continue Early Neutral Evaluation Conference and Case Management Conference. Accordingly, the Court VACATES the ENE and CMC currently scheduled for July 8, 2021, at 2:00 p.m., as well as all associated deadlines, pending the District Judge's ruling on Plaintiff's Motion to Remand [ECF No. #8 ]. If the case is not remanded, the parties are ORDERED to contact the chambers of Judge Berg within five (5) business days of the District Judge's ruling on the Motion to Remand to reset the dates for ENE and CMC. Signed by Magistrate Judge Michael S. Berg on 7/1/2021. (tcf)
July 1, 2021 Opinion or Order Filing 8 MOTION to Remand to State Court of California for the County of San Diego by Giavanni M. Baumanns. (Attachments: #1 Declaration of Daniel Law in Support of Motion to Remand, #2 Memo of Points and Authorities in Support of Motion to Remand, #3 Request for Judicial Notice in Support of Motion to Remand)(Law, Daniel) (tcf).
June 30, 2021 Opinion or Order Filing 7 Joint MOTION to Continue July 8, 2021 Early Neutral Evaluation Conference and Case Management Conference by Giavanni M. Baumanns. (Attachments: #1 Declaration of Daniel Law in Support of Joint Stipulation to Continue July 8, 2021 Early Neutral Evaluation Conference and Case Management Conference)(Law, Daniel) (tcf).
June 30, 2021 Opinion or Order Filing 6 NOTICE of Appearance of Counsel by Daniel Law on behalf of Giavanni M. Baumanns (Law, Daniel)Attorney Daniel Law added to party Giavanni M. Baumanns(pty:pla) (tcf).
June 3, 2021 Opinion or Order Filing 5 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. An Early Neutral Evaluation will be held via video conference on 7/8/2021 at 2:00 PM before Magistrate Judge Michael S. Berg. If the case does not settle during the ENE, the Court will conduct a Case Management Conference. A Joint Discovery Plan is due 7/1/2021. Signed by Magistrate Judge Michael S. Berg on 6/3/2021. (tcf)
June 3, 2021 Opinion or Order Filing 4 NOTICE of Appearance by Matthew Millard Proudfoot on behalf of FCA US, LLC (zda) (jms).
June 3, 2021 Opinion or Order Filing 3 NOTICE of Party With Financial Interest by Giavanni M. Baumanns, FCA US, LLC. Identifying Other Affiliate Strategic Legal Practices for Giavanni M. Baumanns; Corporate Parent FCA Holdco B.V., a company organized under the laws of the Netherlands, Corporate Parent FCA North America Holdings LLC, a Delaware limited liability company, Corporate Parent Stellantis N.V., (formerly known as Fiat Chrysler Automobiles N.V.), Other Affiliate Gates, Gonter, Guy, Proudfoot & Muench, LLP for FCA US, LLC. (zda) (jms).
June 3, 2021 Opinion or Order Filing 2 ANSWER to Complaint (Notice of Removal) by FCA US, LLC. (zda) (jms).
June 3, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-15790512.), filed by FCA US, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration Matthew M. Proudfoot Part 1, #3 Declaration Matthew M. Proudfoot Part 2, #4 Declaration Matthew M. Proudfoot Part 3, #5 Declaration Matthew M. Proudfoot Part 4)The new case number is 3:21-cv-1054-JLS-MSB. Judge Janis L. Sammartino and Magistrate Judge Michael S. Berg are assigned to the case.(zda) (jms).

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Defendant: Does 1 through 10
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Defendant: Carl Burgers Dodge Chrysler Jeep Ram World
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Defendant: FCA US, LLC
Represented By: Matthew Millard Proudfoot
Represented By: Rachel Kashani
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Plaintiff: Giavanni M. Baumanns
Represented By: Tionna Dolin
Represented By: Daniel Law
Represented By: Karin Nelson Kuemerle
Represented By: Jason Patrick Clark
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