East Bay Law v. Ford Motor Company
| EAST BAY LAW |
| FORD MOTOR COMPANY |
| 13-17280 |
| November 7, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Motor Vehicle Product Liability |
Docket Report
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This docket was last retrieved on June 30, 2015. A more recent docket listing may be available from PACER.
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| Filing 39 MANDATE ISSUED.(DFO, SSI and LAB) [9594222] (Turcios, Margoth) [Entered: 06/30/2015 02:45 PM] |
| Filing 38 Filed order (DIARMUID F. O'SCANNLAIN, SANDRA S. IKUTA and LARRY A. BURNS) The petition for panel rehearing is DENIED. [9580877] (SAM) [Entered: 06/19/2015 11:18 AM] |
| Filing 37 Filed (ECF) Appellee Ford Motor Company petition for panel rehearing (from 05/15/2015 opinion). Date of service: 05/29/2015. [9555019] [13-17280] (Lenart, Krista) [Entered: 05/29/2015 02:04 PM] |
Filing 36
Order filed (DIARMUID F. O'SCANNLAIN, SANDRA S. IKUTA and LARRY A. BURNS): East Bay Law failed to plead subject matter jurisdiction properly in its original complaint. Its allegation of diverse reside[ncy] is not enough to establish diversity jurisdiction under 28 U.S.C. 1332. See Kanter v. WarnerLambert Co., 265 F.3d 853, 857 (9th Cir. 2001). As East Bay Law has also failed to correct such defect in response to this Courts order of April 8, 2015, the district courts judgment below is VACATED and the matter is REMANDED with instructions that the case be DISMISSED WITH PREJUDICE for lack of jurisdiction. See Morongo Band of Mission Indians v. Cal. State Bd. of Equalization, 858 F.2d 1376, 1386 (9th Cir. 1988). [9539131] (AF) [Entered: 05/15/2015 10:48 AM]
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| Filing 35 SUBMITTED ON THE BRIEFS TO DIARMUID F. O'SCANNLAIN, SANDRA S. IKUTA and LARRY A. BURNS. [9537615] (DB) [Entered: 05/14/2015 12:04 PM] |
| Filing 34 Filed (ECF) Appellee Ford Motor Company response to motion (motion to take judicial notice). Date of service: 04/21/2015. [9503476] [13-17280] (Lenart, Krista) [Entered: 04/21/2015 02:12 PM] |
| Filing 33 Filed (ECF) Appellant East Bay Law Motion to take judicial notice of two related class action cases against Ford Motor Company. Date of service: 04/08/2015. [9489084] [13-17280] (Shalaby, Andrew) [Entered: 04/09/2015 07:20 AM] |
| Filing 32 Filed clerk order (Deputy Clerk: SM): East Bay Law is ordered to file an amended complaint to this court by May 1, 2015, for the sole purpose of properly alleging diversity of citizenship. See 28 U.S.C. 1653; Snell v. Cleveland, Inc., 316 F.3d 822, 828 (9th Cir. 2002) ([P]ursuant to 1653 we order the pleadings amended, nunc pro tunc, to correct the defective allegations concerning the proper diversity of parties.). In order to avoid dismissal for lack of subject matter jurisdiction, East Bay Law must allege the citizenship of each party as of the date that the complaint was filed. See Kanter v. WarnerLambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.); see also Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (In cases where entities rather than individuals are litigants, diversity jurisdiction depends on the form of the entity.). Alternatively, if East Bay Law cannot allege that the parties are of diverse citizenship, it is ordered to notify the court of such fact by the same date. [9488947] (SAM) [Entered: 04/08/2015 04:50 PM] |
| Filing 31 Filed clerk order (Deputy Clerk: SM): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record without oral argument on Thursday, May 14, 2015, in San Francisco, California. Fed. R. App. P. 34(a)(2). [9480886] (SAM) [Entered: 04/01/2015 03:37 PM] |
| Filing 30 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Andrew W. Shalaby for Appellant East Bay Law. [9464368] [13-17280] (Shalaby, Andrew) [Entered: 03/19/2015 03:29 PM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Krista L. Lenart, Esquire for Appellee Ford Motor Company. [9460385] [13-17280] (Lenart, Krista) [Entered: 03/17/2015 11:33 AM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Andrew W. Shalaby for Appellant East Bay Law. [9455836] [13-17280] (Shalaby, Andrew) [Entered: 03/12/2015 08:31 PM] |
| Filing 27 REVISED: Notice of Oral Argument on Thursday, May 14, 2015 - 10:30 A.M. - Courtroom 2 - San Francisco CA. **NOTE: Date changed** View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [9455734] (AW) [Entered: 03/12/2015 05:01 PM] |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Krista L. Lenart, Esquire for Appellee Ford Motor Company. [9442481] [13-17280] (Lenart, Krista) [Entered: 03/03/2015 11:21 AM] |
| Filing 25 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Andrew W. Shalaby for Appellant East Bay Law. [9441882] [13-17280] (Shalaby, Andrew) [Entered: 03/02/2015 06:04 PM] |
| Filing 24 Notice of Oral Argument on Friday, May 15, 2015 - 09:00 A.M. - Courtroom 2 - James R Browning US Cthse, 95 7th St, San Francisco, CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [9441834] (GEV) [Entered: 03/02/2015 05:21 PM] |
| Filing 23 Received 7 paper copies of Reply brief [ # 21 ] filed by East Bay Law. [9146137] (DB) [Entered: 06/25/2014 04:14 PM] |
| Filing 22 Filed clerk order: The reply brief [ # 21 ] submitted by East Bay Law is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9139903] (GV) [Entered: 06/20/2014 10:09 AM] |
| Filing 21 Submitted (ECF) Reply Brief for review. Submitted by Appellant East Bay Law. Date of service: 06/18/2014. [9138042]--[Edited: Attached certificate of service. Resent NDA. 06/20/2014 by RY] (Shalaby, Andrew) [Entered: 06/18/2014 10:13 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: LBS): Appellants late motion for an extension of time to file the reply brief is granted. The reply brief is due June 20, 2014. [9124151] (LBS) [Entered: 06/09/2014 10:40 AM] |
| Filing 19 Filed (ECF) Appellant East Bay Law Motion to extend time to file Reply brief until 06/20/2014 at 11:59 pm. Date of service: 06/09/2014. [9123760]--[Edited: Updated docket text to reflect correct brief type. 06/09/2014 by RY] (Shalaby, Andrew) [Entered: 06/09/2014 08:56 AM] |
| Filing 18 Received 7 paper copies of Answering brief [ # 16 ] filed by Ford Motor Company. [9105387] (SD) [Entered: 05/22/2014 10:08 AM] |
| Filing 17 Filed clerk order: The answering brief [ # 16 ] submitted by East Bay Law is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9099760] (GV) [Entered: 05/16/2014 04:22 PM] |
| Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee Ford Motor Company. Date of service: 05/16/2014. [9098635] (Lenart, Krista) [Entered: 05/16/2014 11:02 AM] |
| Filing 15 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion for an extension of time to file the answering brief is granted. The answering brief is due May 16, 2014. The optional reply brief is due within 14 days after service of the answering brief. [9012779] (LBS) [Entered: 03/12/2014 12:51 PM] |
| Filing 14 Filed (ECF) Appellee Ford Motor Company Motion to extend time to file Answering brief until 05/16/2014 at 05:00 pm. Date of service: 03/07/2014. [9006932]--[COURT UPDATE: Edited docket text to reflect correct brief type. Resent NDA. 03/07/2014 by RY] (Lenart, Krista) [Entered: 03/07/2014 12:12 PM] |
| Filing 13 Received 7 paper copies of Opening brief [ # 8 ] filed by East Bay Law. (Paper copies include the errata to opening brief) [8991518] (SD) [Entered: 02/25/2014 10:47 AM] |
| Filing 12 Filed (ECF) Errata to Opening brief ([ # 8 ] Brief Submitted for Review (ECF Filing) ). Filed by Appellant East Bay Law. Date of service: 02/24/2014. [8990840] (Shalaby, Andrew) [Entered: 02/24/2014 10:29 PM] |
| Filing 11 Filed Appellant East Bay Law paper copies of excerpts of record [ # 9 ] in 1 volume(s). [8990210] (GV) [Entered: 02/24/2014 03:09 PM] |
| Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by East Bay Law is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 9 ] submitted by East Bay Law. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8983417] (TLH) [Entered: 02/19/2014 12:02 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant East Bay Law. Date of service: 02/18/2014. [8980439] (Shalaby, Andrew) [Entered: 02/18/2014 07:58 AM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant East Bay Law. Date of service: 02/18/2014. [8980411]--[COURT UPDATE: replaced brief, resent notice. 02/19/2014 by ASW] (Shalaby, Andrew) [Entered: 02/18/2014 07:35 AM] |
| Filing 7 Filed order MEDIATION (SL): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. . [8931805] (SAM) [Entered: 01/09/2014 02:00 PM] |
| Filing 6 Filed order MEDIATION: This case is under consideration for inclusion in the Mediation Program. Within 21 days of the date of this order, csl for all parties intending to file brfs in this matter are requested to inform circuit mediator by email, of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication should not be filed with the court. For more detailed info about the Mediation Program. and its procedures generally, please see the Mediation Program. web site: www.ca9.uscourts.gov/mediation. The existing brfng sch remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. [8905509] (VS) [Entered: 12/17/2013 03:34 PM] |
| Filing 5 Filed (ECF) Appellant East Bay Law Mediation Questionnaire. Date of service: 12/03/2013. [8887395] (Shalaby, Andrew) [Entered: 12/03/2013 08:37 PM] |
| Filing 4 Added attorney Krista L. Lenart for Ford Motor Company, in case 13-17280. [8879405] (Turcios, Margoth) [Entered: 11/26/2013 01:19 PM] |
| Filing 3 Filed (ECF) notice of appearance of Krista L. Lenart for Appellee Ford Motor Company. Date of service: 11/26/2013. [8879324] (Lenart, Krista) [Entered: 11/26/2013 12:52 PM] |
| Filing 2 Filed order MEDIATION: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire...dismiss the appeal voluntarily... or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [8878929] (MS) [Entered: 11/26/2013 10:40 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 11/14/2013. Transcript ordered by 12/09/2013. Transcript due 01/06/2014. Appellant East Bay Law opening brief due 02/18/2014. Appellee Ford Motor Company answering brief due 03/17/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8854074] (RT) [Entered: 11/07/2013 09:12 AM] |
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| Plaintiff / appellant: EAST BAY LAW | |
| Represented By: | Andrew W. Shalaby |
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| Defendant / appellee: FORD MOTOR COMPANY | |
| Represented By: | Gary Tracy Lafayette |
| Represented By: | Krista L. Lenart Esquire |
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