Richard Smith v. Ford Motor Company
Plaintiff / Appellant: RICHARD SMITH and REBECCA KLEIN, individually and on behalf of all others similarly situated
Defendant / Appellee: FORD MOTOR COMPANY
Amicus Curiae: PUBLIC CITIZEN, INC., CENTER FOR AUTO SAFETY, CONSUMER ATTORNEYS OF CALIFORNIA and CONSUMERS FOR AUTO RELIABILITY AND SAFETY
Case Number: 10-17321
Filed: October 14, 2010
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Fraud
Docket Report

This docket was last retrieved on March 26, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2012 Filing 62 MANDATE ISSUED.(SRT, RRC and DAE) [8116123] (Walker, Synitha) [Entered: 03/26/2012 08:45 AM]
March 16, 2012 Filing 61 Filed order (SIDNEY R. THOMAS, RICHARD R. CLIFTON and DAVID A. EZRA) The petition for panel rehearing and/or petition for rehearing en banc are DENIED. [8106445] (BJB) [Entered: 03/16/2012 10:08 AM]
January 10, 2012 Filing 60 Filed (ECF) Appellants Rebecca Klein and Richard Smith petition for panel rehearing and petition for rehearing en banc (from 12/19/2011 memorandum). Date of service: 01/10/2012. [8027056]--[COURT UPDATE: Attached Certificate of Service. Resent NDA. 01/11/2012 by GD] (Fazio, Jeffrey) [Entered: 01/10/2012 11:44 PM]
December 29, 2011 Filing 59 Filed clerk order (Deputy Clerk: LC): Granting Appellants Richard Smith and Rebecca Klein (ECF Filing) 7-day motion to extend time to file petition for rehearing. Petition for rehearing and/ or rehearing en banc due 01/10/2012. [8014622] (LC) [Entered: 12/29/2011 08:47 AM]
December 29, 2011 Filing 58 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to extend time to file petition for rehearing until 01/10/2012 at 05:00 pm. Date of service: 12/29/2011. [8014571] (Fazio, Jeffrey) [Entered: 12/29/2011 07:21 AM]
December 19, 2011 Filing 57 FILED MEMORANDUM DISPOSITION (SIDNEY R. THOMAS, RICHARD R. CLIFTON and DAVID A. EZRA) Plaintiffs motion to certify questions to the California Supreme Court is denied. AFFIRMED. FILED AND ENTERED JUDGMENT. [8004733] (DD) [Entered: 12/19/2011 10:13 AM]
December 16, 2011 Filing 56 Filed (ECF) Appellants Rebecca Klein and Richard Smith citation of supplemental authorities. Date of service: 12/16/2011. [8003977] (Fazio, Jeffrey) [Entered: 12/16/2011 03:30 PM]
November 29, 2011 Filing 55 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, RICHARD R. CLIFTON and DAVID A. EZRA. [7981845] (HH) [Entered: 11/29/2011 12:06 PM]
October 13, 2011 Filing 54 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Jeffrey Louis Fazio for Appellants Richard Smith and Rebecca Klein. [7926917] (Fazio, Jeffrey) [Entered: 10/13/2011 02:06 PM]
October 13, 2011 Filing 53 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. John Mark Thomas for Appellee Ford Motor Company. [7926509] (Thomas, John) [Entered: 10/13/2011 11:20 AM]
October 11, 2011 Filing 52 Notice of Oral Argument on Tuesday, November 29, 2011 - 9:00 AM - Courtroom 1, 3rd Floor - James R. Browning US Courthouse - San Francisco, California - Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [7922822] (RB) [Entered: 10/11/2011 01:14 PM]
September 9, 2011 Filing 51 Received 7 paper copies of Reply brief [ # 46 ] filed by Rebecca Klein and Richard Smith. [7888767] (SD) [Entered: 09/12/2011 08:36 AM]
September 2, 2011 Filing 50 Filed clerk order: The reply brief [ # 46 ] submitted by Rebecca Klein and Richard Smith is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7881538] (LA) [Entered: 09/02/2011 04:31 PM]
September 2, 2011 Filing 49 Filed clerk order (Deputy Clerk: LKK): Appellants motion for leave to file a late reply brief is granted. The Clerk shall file the reply brief received August 27, 2011. [7880745] (BJB) [Entered: 09/02/2011 11:24 AM]
August 31, 2011 Filing 47 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to file late Reply brief. Date of service: 08/31/2011. [7877685] --[COURT UPDATE: Per counsel, replaced PDF of declaration. Edited docket text to reflect the content of the filing. Resent NDA. 08/31/2011 by DB] (Fazio, Jeffrey) [Entered: 08/31/2011 11:44 AM]
August 29, 2011 Filing 48 Filed Appellants Rebecca Klein and Richard Smith supplemental excerpts of record on appeal in 1 volume. [7879809] (WWP) [Entered: 09/01/2011 03:14 PM]
August 27, 2011 Filing 46 Submitted (ECF) Reply brief for review. Submitted by Appellants Rebecca Klein and Richard Smith. Date of service: 08/26/2011. [7873501] (Fazio, Jeffrey) [Entered: 08/27/2011 12:40 AM]
August 5, 2011 Filing 45 Received 7 paper copies of Answering brief [ # 40 ] filed by Ford Motor Company. [7846260] (SD) [Entered: 08/05/2011 02:37 PM]
August 5, 2011 Filing 44 Filed clerk order (Deputy Clerk: LKK): Appellants motion for an extension of time to file the reply brief is granted. The reply brief is due August 26, 2011. [7845441] (BJB) [Entered: 08/05/2011 09:53 AM]
August 3, 2011 Filing 43 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to extend time to file Reply brief until 08/26/2011 at 05:00 pm. Date of service: 08/03/2011. [7843214] --[COURT UPDATE: Edited docket text to reflect the content of the filing. Resent NDA. 08/04/2011 by DB] (Fazio, Jeffrey) [Entered: 08/03/2011 05:45 PM]
August 2, 2011 Filing 41 Filed clerk order: The answering brief [ # 40 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7840377] (FT) [Entered: 08/02/2011 10:45 AM]
July 29, 2011 Filing 42 Filed Appellee Ford Motor Company supplemental excerpts of record on appeal in 3 volumes. [7841598] (FT) [Entered: 08/02/2011 04:59 PM]
July 29, 2011 Filing 40 Submitted (ECF) Answering brief for review. Submitted by Appellee Ford Motor Company. Date of service: 07/29/2011. [7838065] (Thomas, John) [Entered: 07/29/2011 07:08 PM]
July 15, 2011 Filing 39 Filed clerk order (Deputy Clerk: LKK): Appellees motion for an extension of time to file the answering brief is granted. The answering brief is due July 29, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7821339] (BJB) [Entered: 07/15/2011 09:55 AM]
July 14, 2011 Filing 38 Filed (ECF) Appellee Ford Motor Company Unopposed Motion to extend time to file Answering brief until 07/29/2011. Date of service: 07/14/2011. [7819377] (Thomas, John) [Entered: 07/14/2011 08:05 AM]
June 14, 2011 Filing 37 Filed clerk order (Deputy Clerk: LKK): Appellees motion for an extension of time to file the answering brief is granted. The answering brief is due July 22, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7784196] (BJB) [Entered: 06/14/2011 10:02 AM]
June 10, 2011 Filing 36 Filed (ECF) Appellee Ford Motor Company Unopposed Motion to extend time to file Answering brief until 07/22/2011. Date of service: 06/10/2011. [7781729] --[COURT UPDATE: Edited docket text to reflect the content of the filing. Resent NDA. 06/10/2011 by DB] (Thomas, John) [Entered: 06/10/2011 02:02 PM]
June 3, 2011 Filing 35 Received 7 paper copies of Amicus brief [ # 28 ] filed by Consumers for Auto Reliability and Safety. [7773752] (SD) [Entered: 06/03/2011 03:15 PM]
June 2, 2011 Filing 34 Received 7 paper copies of Amicus brief [ # 24 ] filed by Center For Auto Safety and Public Citizens. [7771683] (SD) [Entered: 06/02/2011 03:24 PM]
June 2, 2011 Filing 33 Received 7 paper copies of Amicus brief [ # 27 ] filed by Consumer Attorneys of California. [7771663] (SD) [Entered: 06/02/2011 03:20 PM]
June 1, 2011 Filing 32 Filed clerk order: The amicus brief [ # 28 ] submitted by Consumers for Auto Reliability and Safety is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7769540] (WWP) [Entered: 06/01/2011 08:59 AM]
June 1, 2011 Filing 31 Entered appearance of Amicus Curiae Consumers for Auto Reliability and Safety. [7769534] (WWP) [Entered: 06/01/2011 08:58 AM]
June 1, 2011 Filing 30 Filed clerk order: The amicus brief [ # 27 ] submitted by Consumer Attorneys of California is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7769513] (WWP) [Entered: 06/01/2011 08:51 AM]
June 1, 2011 Filing 29 Entered appearance of Amicus Curiae Consumer Attorneys of California. [7769507] (WWP) [Entered: 06/01/2011 08:50 AM]
May 31, 2011 Filing 28 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Consumers for Auto Reliability and Safety. Date of service: 05/31/2011. [7769250] (Selbin, Jonathan) [Entered: 05/31/2011 04:40 PM]
May 31, 2011 Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Consumer Attorneys of California. Date of service: 05/31/2011. [7768979] (Kralowec, Kimberly) [Entered: 05/31/2011 03:13 PM]
May 27, 2011 Filing 26 Filed clerk order: The amicus brief [ # 24 ] submitted by Center For Auto Safety and Public Citizens is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7766496] (WWP) [Entered: 05/27/2011 07:51 AM]
May 27, 2011 Filing 25 Entered appearance of Amicus Curiaes Public Citizens and Center For Auto Safety. [7766494] (WWP) [Entered: 05/27/2011 07:50 AM]
May 26, 2011 Filing 24 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Public Citizen and Center for Auto Safety. Date of service: 05/26/2011. [7766195] (Zieve, Allison) [Entered: 05/26/2011 03:31 PM]
May 24, 2011 Filing 23 Received 7 paper copies of Opening brief [ # 20 ] filed by Rebecca Klein and Richard Smith. [7765366] (SD) [Entered: 05/26/2011 09:19 AM]
May 24, 2011 Filing 22 Filed Appellants Rebecca Klein and Richard Smith excerpts of record in 6 volumes. Served on 05/23/2011. [7763995] (WWP) [Entered: 05/25/2011 10:59 AM]
May 24, 2011 Filing 21 Filed clerk order: The opening brief [ # 20 ] submitted by Rebecca Klein and Richard Smith is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7761963] (WWP) [Entered: 05/24/2011 07:48 AM]
May 23, 2011 Filing 20 Submitted (ECF) Opening brief for review. Submitted by Appellants Rebecca Klein and Richard Smith. Date of service: 05/23/2011. [7761937] (Fazio, Jeffrey) [Entered: 05/23/2011 11:32 PM]
May 5, 2011 Filing 19 Filed clerk order (Deputy Clerk:LKK): Appellants motion for a second extension of time to file the opening brief is granted. The opening brief is due May 23, 2011. The answering brief is due June 22, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7742147] (BJB) [Entered: 05/05/2011 03:16 PM]
May 4, 2011 Filing 18 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to extend time to file Opening brief until 05/23/2011. Date of service: 05/04/2011. [7739467] (von Loewenfeldt, Michael) [Entered: 05/04/2011 09:57 AM]
March 31, 2011 Filing 17 Filed clerk order (Deputy Clerk:LKK): Appellants motion for an extension of time to file the opening brief is granted. The opening brief is due May 9, 2011. The answering brief is due June 8, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7700971] (BJB) [Entered: 03/31/2011 03:00 PM]
March 30, 2011 Filing 16 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to extend time to file Opening brief until 05/09/2011. Date of service: 03/30/2011. [7699329] (von Loewenfeldt, Michael) [Entered: 03/30/2011 12:56 PM]
March 10, 2011 Filing 15 Filed clerk order (Deputy Clerk:KN): Appellants motion to certify issues to the California Supreme Court, appellees opposition, and appellants reply thereto are referred to the panel that will be assigned to hear the merits of this appeal. Appellants unopposed motion to stay appellate proceedings pending resolution of the motion to certify issues to the California Supreme Court is denied. The following briefing schedule shall govern. Appellants opening brief and excerpts of record are due April 18, 2011; appellees answering brief is due May 18, 2011; the optional reply brief is due 14 days after service of the answering brief. [7675137] (BJB) [Entered: 03/10/2011 08:39 AM]
March 9, 2011 Filing 14 Terminated Timothy A. Devine for Ford Motor Company in 10-17321 [7673825] (CW) [Entered: 03/09/2011 10:14 AM]
March 9, 2011 Filing 13 Filed (ECF) notice of appearance of Withdrawal of Counsel, Timothy J. Devine [and Order thereon] for Appellee Ford Motor Company. Date of service: 03/09/2011. [7673807] (Gibson, Robert) [Entered: 03/09/2011 10:07 AM]
March 2, 2011 Filing 12 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to stay proceedings. Date of service: 03/02/2011. [7666063] (Fazio, Jeffrey) [Entered: 03/02/2011 04:50 PM]
February 14, 2011 Filing 11 Filed (ECF) Appellants Rebecca Klein and Richard Smith reply to response (,motion for certification to state supreme court, ). Date of service: 02/14/2011. [7648520] (Fazio, Jeffrey) [Entered: 02/14/2011 11:11 PM]
February 7, 2011 Filing 10 Filed (ECF) Appellee Ford Motor Company response opposing motion (,motion for certification to state supreme court). Date of service: 02/07/2011. [7638579]--[COURT UPDATE: Replaced PDF of brief (to include signature). Resent NDA. 02/08/2011 by TW] (Thomas, John) [Entered: 02/07/2011 03:03 PM]
January 26, 2011 Filing 9 Filed (ECF) Appellants Rebecca Klein and Richard Smith Motion for certification to California State Supreme Court. Date of service: 01/26/2011. [7626234] (Fazio, Jeffrey) [Entered: 01/26/2011 09:52 PM]
January 24, 2011 Filing 8 Filed (ECF) Appellants Rebecca Klein and Richard Smith Unopposed Motion to extend time to file Opening brief until 01/26/2011. Date of service: 01/24/2011. [7622443]--[COURT UPDATE: Attached certificate of service. Resent NDA. 01/24/2011 by TT] (Fazio, Jeffrey) [Entered: 01/24/2011 12:55 PM]
December 22, 2010 Filing 7 Filed clerk order (Deputy Clerk:LKK): The parties stipulation of stay of proceedings is granted. The court grants the parties a 90-day stay. Within 90 days after the date of this order, the parties shall move for appropriate relief or the appellants shall file the opening brief. The answering brief is due 30 days after service of the opening brief. The optional reply brief is due within 14 days after service of the answering brief. [7590451] (BJB) [Entered: 12/22/2010 04:46 PM]
December 16, 2010 Filing 6 Filed (ECF) Appellants Rebecca Klein and Richard Smith Stipulated Motion for miscellaneous relief [Stipulation and Proposed Order Establishing Briefing Schedule]. Date of service: 12/12/2010. [7583865] (Fazio, Jeffrey) [Entered: 12/16/2010 06:34 PM]
November 5, 2010 Filing 5 Case rejected from Circuit Mediation Program. [7536106] [10-10432, 10-15994, 10-16021, 10-16116, 10-16369, 10-16932, 10-16946, 10-17022, 10-17032, 10-17064, 10-17086, 10-17108, 10-17181, 10-17232, 10-17280, 10-17321, 10-55462, 10-56026, 10-56205, 10-56221, 10-56284, 10-56293, 10-56313, 10-56401, 10-56416, 10-56422, 10-56432, 10-56461, 10-56502, 10-56521, 10-56525, 10-56593, 10-56634, 10-72655] (SB) [Entered: 11/05/2010 09:56 AM]
October 20, 2010 Filing 4 Filed (ECF) Appellants Rebecca Klein and Richard Smith Mediation Questionnaire. Date of service: 10/20/2010. [7515606] (Fazio, Jeffrey) [Entered: 10/20/2010 11:07 AM]
October 14, 2010 Filing 3 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/21/2010. Transcript ordered by 11/12/2010. Transcript due 12/13/2010. Appellant Rebecca Klein and Appellant Richard Smith opening brief due 01/21/2011. Appellee Ford Motor Company answering brief due 02/22/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7508896] (RT) [Entered: 10/14/2010 02:49 PM]
October 14, 2010 Filing 2 Entered appearance of Appellant Rebecca Klein. [7508879] (RT) [Entered: 10/14/2010 02:46 PM]
October 14, 2010 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/21/2010. Transcript ordered by 11/12/2010. Transcript due 12/13/2010. Appellant Richard Smith opening brief due 01/21/2011. Appellee Ford Motor Company answering brief due 02/22/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7508854] (RT) [Entered: 10/14/2010 02:40 PM]

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Search for this case: Richard Smith v. Ford Motor Company
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Plaintiff / appellant: RICHARD SMITH
Represented By: Jeffrey Louis Fazio
Represented By: Dina Micheletti
Represented By: Michael Ng
Represented By: Michael John von Loewenfeldt Esquire
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Plaintiff / appellant: REBECCA KLEIN, individually and on behalf of all others similarly situated
Represented By: Jeffrey Louis Fazio
Represented By: Dina Micheletti
Represented By: Michael Ng
Represented By: Michael John von Loewenfeldt Esquire
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Defendant / appellee: FORD MOTOR COMPANY
Represented By: Robert J. Gibson
Represented By: Warren E. Platt
Represented By: John Mark Thomas
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Amicus curiae: PUBLIC CITIZEN, INC.
Represented By: Allison M. Zieve
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Amicus curiae: CENTER FOR AUTO SAFETY
Represented By: Allison M. Zieve
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Amicus curiae: CONSUMER ATTORNEYS OF CALIFORNIA
Represented By: Kimberly A. Kralowec
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Amicus curiae: CONSUMERS FOR AUTO RELIABILITY AND SAFETY
Represented By: Jonathan D. Selbin
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