Garcia et al v. Ford Motor Company et al
| Araceli Garcia and Mario Garcia |
| Ford Motor Company and Doe 1 through Doe 10 |
| 3:2022cv01474 |
| September 29, 2022 |
| US District Court for the Southern District of California |
| Gonzalo P Curiel |
| Mitchell D Dembin |
| Allison H Goddard |
| Michelle M Pettit |
| Contract: Other |
| 28 U.S.C. § 1332 bw Diversity -Breach of Warranty |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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Filing 36
Order of Dismissal with Prejudice (ECF No. #35 ). Signed by Judge Gonzalo P. Curiel on 8/29/23. (jmo)
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Filing 35
Joint MOTION to Dismiss with Prejudice by Araceli Garcia, Mario Garcia. (Youssefi, Joshua)(jmo).
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Filing 34
MINUTE ORDER: On December 29, 2022, Defendant filed a Joint Notice of Settlement stating the parties reached a conditional settlement in which attorneys fees and costs will be determined by the Court and requesting a dismissal date be set upon the hearing of Plaintiffs fee motion. [ECF No. 21.] Plaintiffs filed a motion for attorneys fees, which the Court granted in part on June 12, 2023. [ECF Nos. 26, 32.] No later than September 8, 2023, the parties shall file a Joint Motion for Dismissal and separately e-mail a proposed order for dismissal to the district judges efile e-mail address. If the appropriate dismissal papers are not submitted by September 8, 2023, then an attorneys-only telephonic Settlement Disposition Conference (SDC) will be held on September 13, 2023 at 1:30 p.m. before Magistrate Judge Michelle M. Pettit. IT IS SO ORDERED by Magistrate Judge Michelle M. Pettit on August 25, 2023. (no document attached) (kfg)
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Filing 33
MINUTE ORDER OF TRANSFER. Magistrate Judge Allison H. Goddard is no longer assigned. Case reassigned to Magistrate Judge Michelle M. Pettit for all further proceedings. The new case number is 22cv01474-GPC-MMP.(no document attached) (jmo)
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Filing 32
Order Granting in Part Plaintiffs' Motion for Attorneys' Fees and Costs (ECF No. #26 ). The Court grants Plaintiffs' counsel $44,909.80 in attorneys' fees and $1,350.75 in costs. Signed by Judge Gonzalo P. Curiel on 6/12/23. (jmo)
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Filing 31
Minute ORDER by Judge Gonzalo P. Curiel. The Motion for Attorney Fees (ECF No. #26 ) filed by Araceli Garcia, Mario Garcia is taken under submission. The Motion Hearing previously set for 6/9/2023 before Judge Gonzalo P. Curiel is VACATED. (no document attached) (ajs)
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Filing 30
REPLY to Response to Motion re #26 MOTION for Attorney Fees and Reimbursement of Costs and Expenses filed by Araceli Garcia, Mario Garcia. (Silver, Sharona) (jmo).
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Filing 29
RESPONSE in Opposition re #26 MOTION for Attorney Fees filed by Ford Motor Company. (Attachments: #1 Evidentiary Objection, #2 Declaration Declaration of Sabrina Narain, #3 Exhibit Exhibit A to Declaration of Sabrina Narain, #4 Exhibit Exhibit B to Declaration of Sabrina Narain)(Lototsky, Alexandra) **QC mailer re: attorney signing document is not the attorney filing 5/9/2023** (jmo).
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Filing 28
MINUTE ORDER OF TRANSFER. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard for all further proceedings. The new case number is 22cv01474-GPC-AHG.(no document attached) (jmo)
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Filing 27
Order Setting Briefing Schedule on Motion for Attorney Fees (ECF No. #26 ). Any opposition shall be filed on or before 5/8/2023. Any reply shall be filed on or before 5/22/2023. A hearing on this matter is scheduled for 6/9/23 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/18/23.(jmo)
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Filing 26
MOTION for Attorney Fees by Araceli Garcia, Mario Garcia. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs Motion for Payment of Attorneys Fees and Reimbursement of Costs and Expenses, #2 Declaration of Jordan K. Sannipoli in Support of Plaintiffs Motion for Payment of Attorneys Fees and Reimbursement of Costs and Expenses; Exhibits A-I, #3 Exhibit A-I, #4 Proof of Service of Plaintiffs Motion for Payment of Attorneys Fees and Reimbursement of Costs and Expenses)(Silver, Sharona) (jmo).
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Filing 25
Minutes and Order Setting Motion Deadline: The Court held a telephonic Settlement Conference regarding the progress of final settlement negotiations on February 13, 2023. A motion for attorneys' fees or a joint motion to dismiss shall be filed no later than the close of business on April 14, 2023. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 2/13/2023. (Plaintiff Attorney Joshua Youssefi). (Defendant Attorney Alexandra Lototsky). (no document attached) (mef1) Modified on 2/13/2023 to correct docket text (dls).
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Filing 24
ORDER denying Motion to Remand to State Court as Moot. Signed by Judge Gonzalo P. Curiel on 1/3/2023. (sjt)
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Filing 23
NOTICE of Teleconference Information Sheet. Teleconference set for 02/13/2023 at 9:15 a.m. (mef1)
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Filing 22
Order Setting Settlement Disposition Conference: A Notice of Settlement has been filed. #21 . Accordingly, a telephonic Settlement Disposition Conference will be held February 13, 2023 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. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (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.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 12/29/2022.
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Filing 21
NOTICE of Settlement by Ford Motor Company (Lototsky, Alexandra) (jmo).
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Filing 20
RESPONSE in Opposition re #6 MOTION to Remand to State Court and Request for Attorney's Fees filed by Ford Motor Company. (Attachments: #1 Declaration Declaration Of Sabrina Narain In Support Of Defendant Ford Motor Companys Supplemental Brief To Remand For Lack Notice Of Subject Matter Jurisdiction, #2 Exhibit Exhibit A- Central District Form C71)(Narain, Sabrina) (jmo).
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Filing 19
(Amended) Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference held on 12/15/2022. The parties shall contact the Chambers of Magistrate Judge Mitchell D. Dembin within five (5) days of a ruling on the Motion to Remand if the case remains in this Court. (Plaintiff Attorney Stephanie Pengilley). (Defendant Attorney Alexandra Lototsky). (no document attached) (dbs) Modified on 12/19/2022 to correct docket text to "status conference" instead of "settlement conference"; NEF regenerated) (dls).
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Filing 18
Order for Additional Briefing (ECF No. #6 ). Defendant shall file briefing on this issue on or before 12/23/22. Plaintiffs may file a Response on or before 1/4/2023. Signed by Judge Gonzalo P. Curiel on 12/13/22.(jmo)
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Filing 17
Minute ORDER by Judge Gonzalo P. Curiel. Motion to Remand to State Court and Request for Attorneys' Fees (ECF No. #6 ) is taken under submission. Motion Hearing set for 12/9/2022 before Judge Gonzalo P. Curiel is VACATED. Signed by Judge Gonzalo P. Curiel on 12/8/2022.(no document attached) (lrf)
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Filing 16
*Plaintiffs' Reply in Support of Motion to Remand*RESPONSE in Support re #6 MOTION to Remand to State Court and Request for Attorney's Fees filed by Araceli Garcia, Mario Garcia. (Pengilley, Stephanie) Modified on 11/25/2022 to correct docket text (jmo).
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Filing 15
RESPONSE in Opposition re #6 MOTION to Remand to State Court and Request for Attorney's Fees filed by Ford Motor Company. (Attachments: #1 Declaration Declaration Of Alexandra Lototsky In Support Of Ford Motor Companys Opposition To Plaintiffs Motion to Remand, #2 Exhibit Exhibit A- Sales File)(Narain, Sabrina) (jmo).
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Filing 14
NOTICE of Teleconference Information Sheet. Teleconference set for 12/15/2022 at 9:15 a.m. (dbs)
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Filing 13
Order Setting Status Conference: The Court held a telephonic Status Conference on November 10, 2022. The parties indicated that their settlement negotiations are progressing and they do not currently need assistance in the form of an Early Neutral Evaluation. Accordingly, a further telephonic Status Conference will be held December 15, 2022 at 9:15 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. If a Joint Motion for Dismissal is filed prior to the Status Conference, the conference will be taken off calendar. (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.) IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 11/10/2022.(Plaintiff Attorney Stephanie Pengilley).(Defendant Attorney Alexandra Lototsky).(no document attached) (dbs)
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Filing 12
NOTICE of Teleconference Information Sheet. Teleconference set for 11/10/2022 at 9:30 a.m. (dbs)
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Filing 11
ORDER granting #10 Motion to Continue: On November 3, 2022, the parties jointly moved the Court to continue the November 10, 2022 Early Neutral Evaluation Conference and Case Management Conference. #10 . In support, the parties explain that they are in the latter stages of negotiating a settlement and wish to avoid incurring unnecessary attorneys' fees, costs, and expenses. Upon due consideration, and good cause appearing, the Court GRANTS the joint motion. The Early Neutral Evaluation Conference, the Case Management Conference, and the associated deadlines set by the Court's September 30, 2022 Order #5 are VACATED and will be reset for a later date if necessary. Counsel are ORDERED to attend a telephonic Status Conference regarding the potential settlement on November 10, 2022 at 9:30 a.m. before Magistrate Judge Mitchell D. Dembin. 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.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 11/4/2022. (no document attached) (dbs)
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Filing 10
Joint MOTION to Continue The Early Neutral Evaluation And Case Management Conference by Ford Motor Company. (Attachments: #1 [Proposed] Order Granting Joint Motion To Continue The Early Neutral Evaluation And Case Management Conference)(Narain, Sabrina) **QC mailer 11/4/2022 to not submit proposed orders on docket and send to Chambers** (jmo).
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Filing 9
NOTICE of Appearance by Alexandra Lototsky on behalf of Ford Motor Company (Lototsky, Alexandra)Attorney Alexandra Lototsky added to party Ford Motor Company(pty:dft) (jmo).
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Filing 8
Order Setting Briefing Schedule on Plaintiff's Motion to Remand (ECF No. #6 ). Opposition due by 11/18/2022. Any Reply due by 11/25/2022. Motion Hearing set for 12/9/2022 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 10/26/22.(jmo)
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Filing 7
NOTICE of Appearance of Counsel by Stephanie Samantha Pengilley on behalf of Araceli Garcia, Mario Garcia (Pengilley, Stephanie)Attorney Stephanie Samantha Pengilley added to party Araceli Garcia(pty:pla), Attorney Stephanie Samantha Pengilley added to party Mario Garcia(pty:pla) (jmo).
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Filing 6
MOTION to Remand to State Court and Request for Attorney's Fees by Araceli Garcia, Mario Garcia. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Remand, #2 Declaration of Stephanie S. Pengilley in Support of Plaintiffs' Motion for Remand; Exhibits A-D)(Silver, Sharona) **QC mailer re: attorney signing is not attorney filing 10/27/2022. Instructed to file NOA** (jmo).
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Filing 5
NOTICE AND ORDER For Early Neutral Evaluation And Case Management Video Conference. Signed by Magistrate Judge Mitchell D. Dembin on 9/30/2022.(ddf)
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Filing 4
ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (ggv) (sjt).
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Filing 3
NOTICE of Party With Financial Interest by Ford Motor Company. Identifying Corporate Parent State Street Corporation, Other Affiliate Evercore Trust Company, N.A., Other Affiliate Black Rock, Inc. and certain affiliates, Other Affiliate The Vanguard Group and certain affiliates for Ford Motor Company. (ggv) (sjt).
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Filing 2
DECLARATION of Sabrina C. Narain in Support of Defendant Ford Motor by Defendant Ford Motor Company. (ggv) (sjt).
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Filing 1
NOTICE OF REMOVAL ( Filing fee $ 402 receipt number ACASDC-17211250.), filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Ford Motor Company 10k Filing, #3 Exhibit B- State Court Complaint and Answer, #4 Exhibit C- Plaintiff's Responses to Ford Motor Company's Form, #5 Exhibit D- Plaintiff's Responses to Ford Motor Company's Request)The new case number is 3:22-cv-1474-GPC-MDD. Judge Gonzalo P. Curiel and Magistrate Judge Mitchell D. Dembin are assigned to the case.(ggv) (sjt).
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