Molina v. Ford Motor Company
Plaintiff: Nick Molina
Defendant: Ford Motor Company
Case Number: 1:2018cv01954
Filed: August 1, 2018
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Marcia S Krieger
Referring Judge: Kathleen M Tafoya
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 2301
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2021 Opinion or Order Filing 70 STIPULATION of Dismissal of Case by Defendant Ford Motor Company. (Collignon, Casie)
February 16, 2021 Opinion or Order Filing 69 Civil Case Terminated pursuant to the #68 Opinion and Order entered by Senior Judge Marcia S. Krieger on February 16, 2021. Text Only Entry. (rkeec)
February 16, 2021 Opinion or Order Filing 68 OPINION AND ORDER entered by Judge Marcia S. Krieger on 2/16/2021. Granting in part and denying in part #61 Motion for Attorney Fees and Mr. Molina is awarded $16,506.25 in attorney fees and $1,214.11 in costs pursuant to 15 U.S.C. 2310(d)(2). Ford shall remit those sums to Mr. Molina, through counsel, within 30 days of this Order, barring which Mr. Molina may move to have that sum reduced to a judgment against Ford. Denying #67 Motion for Leave to Restrict and the Clerk of the Court shall lift the provisional restriction on Docket #65. There being no further issues before the Court, the Clerk of the Court shall thereafter close this case. (rkeec)
September 28, 2020 Opinion or Order Filing 67 Unopposed MOTION for Leave to Restrict by Plaintiff Nick Molina. (Vedra, Daniel)
September 28, 2020 Opinion or Order Filing 66 REPLY to Response to #61 MOTION for Attorney Fees and Costs filed by Plaintiff Nick Molina. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Vedra, Daniel)
September 28, 2020 Opinion or Order Filing 65 RESTRICTED DOCUMENT - Level 1: by Plaintiff Nick Molina.. (Attachments: #1 Exhibit Exhibit A to Reply)(Vedra, Daniel) Modified on 9/29/2020 See public docket entry #66 Reply. (sphil, ).
September 16, 2020 Opinion or Order Filing 64 BRIEF in Opposition to #61 MOTION for Attorney Fees and Costs filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tillotson, Sammantha)
September 2, 2020 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to File Response/Reply: Response due September 16, 2020. By Judge Marcia S. Krieger on 9/2/20. Text Only Entry(msklc2, )
September 2, 2020 Opinion or Order Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply as to #61 MOTION for Attorney Fees and Costs by Defendant Ford Motor Company. (Attachments: #1 Proposed Order (PDF Only))(Collignon, Casie)
August 7, 2020 Opinion or Order Filing 61 MOTION for Attorney Fees and Costs by Plaintiff Nick Molina. (Attachments: #1 Affidavit Affidavit of Daniel J. Vedra with Exhibit, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Vedra, Daniel)
August 3, 2020 Opinion or Order Filing 60 ORDER granting #59 Motion for Extension of Time to File: The motion is granted on the terms requested. Given the number of requests for extension, no further extension of these deadlines will be granted. By Judge Marcia S. Krieger on 8/3/20. Text Only Entry(msklc2, )
July 31, 2020 Opinion or Order Filing 59 Unopposed MOTION for Extension of Time to Modify Briefing Schedule by Plaintiff Nick Molina. (Vedra, Daniel)
July 17, 2020 Opinion or Order Filing 58 ORDER granting #57 Motion for Extension of Time to File: The Court adopts the revised briefing schedule set forth in the motion. By Judge Marcia S. Krieger on 7/17/20. Text Only Entry(msklc2, )
July 17, 2020 Opinion or Order Filing 57 Unopposed MOTION for Extension of Time to Modify Briefing Schedule by Plaintiff Nick Molina. (Vedra, Daniel)
June 19, 2020 Opinion or Order Filing 56 ORDER: The parties shall brief the issue of fees and costs according to the schedule set forth in Docket #55. By Judge Marcia S. Krieger on 6/19/20. Text Only Entry (msklc2, )
June 19, 2020 Opinion or Order Filing 55 NOTICE of Joint Motion for Entry of Briefing Schedule on Attorneys Fees and Costs Issue by Defendant Ford Motor Company (Attachments: #1 Proposed Order (PDF Only))(Tillotson, Sammantha)
June 9, 2020 Opinion or Order Filing 54 NOTICE of Settlement and Forthcoming Proposed Briefing Schedule on Attorneys' Fees and Costs Issue by Defendant Ford Motor Company (Tillotson, Sammantha)
May 22, 2020 Opinion or Order Filing 53 ORDER granting #52 Motion for Extension of Time to File: Deadline extended to June 9, 2020. No further extensions of this deadline will be granted. By Judge Marcia S. Krieger on 5/22/20. Text Only Entry(msklc2, )
May 22, 2020 Opinion or Order Filing 52 Unopposed MOTION for Extension of Time to Extend Deadline Due to COVID-19 Outbreak by Defendant Ford Motor Company. (Attachments: #1 Proposed Order (PDF Only))(Tillotson, Sammantha)
April 15, 2020 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time to File: Submissions due May 25, 2020. By Judge Marcia S. Krieger on 4/15/2020. Text Only Entry(msklc4, )
April 10, 2020 Opinion or Order Filing 50 Unopposed MOTION for Extension of Time to Respond to Court's Order on Summary Judgment by Plaintiff Nick Molina. (Vedra, Daniel)
March 19, 2020 Opinion or Order Filing 49 ORDER granting #48 Motion for Extension of Time to File: Submissions due April 10, 2020. By Judge Marcia S. Krieger on 3/19/20. Text Only Entry(msklc2, )
March 19, 2020 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to to Respond to Courts Order On Summary Judgment by Plaintiff Nick Molina. (Vedra, Daniel)
February 28, 2020 Opinion or Order Filing 47 OPINION and ORDER by Judge Marcia S. Krieger on 2/28/2020. ORDERED the Plaintiff's Motion for Partial Summary Judgment (# 30) is GRANTED as to Ford's liability on Mr. Molina's breach of express warranty claim under Colorado law. The Defendant's Motion for Partial Summary Judgment (#28) is GRANTED to the extent that Colo. Rev. Stat. 44-20-124(1)(a) does not apply to determine the remedy for the breach. (sphil, )
September 26, 2019 Opinion or Order Filing 46 ORDER granting #41 "Defendant Ford Motor Company's Opposed Motion to Extend Deadline to File Motion to Preserve Confidentiality Designations." Plaintiff withdrew opposition to the motion. Therefore, the reset deadline of November 12, 2019 to file its motion to maintain the confidentiality designations of all Designated Confidential Material is again extended and reset to 21 days after the Court issues rulings on the parties' pending dispositive motions. Entered by Magistrate Judge Kathleen M. Tafoya on 09/26/2019. Text Only Entry(kmt, )
September 20, 2019 Opinion or Order Filing 45 REPLY to Response to #41 MOTION for Extension of Time to Extend Deadline to File Motion to Preserve Confidentiality Designations (Opposed) filed by Defendant Ford Motor Company. (Tillotson, Sammantha)
September 16, 2019 Opinion or Order Filing 44 RESPONSE to #41 MOTION for Extension of Time to Extend Deadline to File Motion to Preserve Confidentiality Designations (Opposed) filed by Plaintiff Nick Molina. (Vedra, Daniel)
September 13, 2019 Opinion or Order Filing 43 MINUTE ORDER: The deadline to file a motion to maintain the confidentiality designations of all designated confidential material is extended to November 12, 2019. Plaintiff shall file a response and Defendant shall file a reply to #41 MOTION to Extend Deadline to File Motion to Preserve Confidentiality Designations, limited to the issue of why the designations should not remain confidential until after ruling on the motions for summary judgment in light of the fact that it is unlikely any trial will be set until those motions are resolved and unlikely the court will need to review the documents before trial. By Magistrate Judge Kathleen M. Tafoya on 9/13/19. Text Only Entry (kmtlc1 )
September 12, 2019 Opinion or Order Filing 42 MEMORANDUM regarding #41 MOTION for Extension of Time to Extend Deadline to File Motion to Preserve Confidentiality Designations (Opposed) filed by Ford Motor Company. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge Marcia S. Krieger on 9/12/19. Text Only Entry (msklc2, )
September 12, 2019 Opinion or Order Filing 41 MOTION for Extension of Time to Extend Deadline to File Motion to Preserve Confidentiality Designations (Opposed) by Defendant Ford Motor Company. (Attachments: #1 Exhibit A 082619 Email from Vedra, #2 Proposed Order (PDF Only))(Tillotson, Sammantha)
August 26, 2019 Opinion or Order Filing 40 REPLY to Response to #30 MOTION for Partial Summary Judgment filed by Plaintiff Nick Molina. (Vedra, Daniel)
August 22, 2019 Opinion or Order Filing 39 REPLY to Response to #28 MOTION for Summary Judgment filed by Defendant Ford Motor Company. (Tillotson, Sammantha)
August 19, 2019 Opinion or Order Filing 38 ORDER denying #31 Motion for Leave to Restrict ; denying #35 Motion for Leave to Restrict ; denying #37 Motion to Withdraw: The Court treats the Defendant's Motion to Withdraw #37 as a supplement to the Plaintiff's Motions for Leave to Restrict #31 , #35 . The Court finds that, even as supplemented, the motions fail to demonstrate good cause for restricted access under Local Rule 7.2. The documents sought to be restricted primarily consist of deposition trascripts of Richard Johnson, and the excerpted testimony simply establishes that customer service managers consult a compendium of state lemon laws when deciding whether to honor a buyback request. The fact that the Defendant has deemed such information "confidential" under a Protective Order does not bear on the question of whether restriction is appropriate under Local Rule 7.2, see Local Rule 7.2(c)(2), and the Court sees nothing in the Defendant's motion that demonstrates that public dissemination of such information would cause any material injury to the defendant. Accordingly, the motions in question are denied.By Judge Marcia S. Krieger on 8/19/19. Text Only Entry(msklc2, )
August 16, 2019 Opinion or Order Filing 37 MOTION to Withdraw #30 MOTION for Partial Summary Judgment , #34 Response to Motion Forthwith and Restrict Confidential Information Publicly Filed by Plaintiff in Violation of Protective Order (Partially Opposed) by Defendant Ford Motor Company. (Attachments: #1 Exhibit A Protective Order, #2 Exhibit B Email Thread-1, #3 Exhibit C Email Thread-2, #4 Exhibit D PL MSJ, #5 Exhibit E PL Resp to Ford MSJ, #6 Proposed Order (PDF Only))(Tillotson, Sammantha)
August 12, 2019 Opinion or Order Filing 36 RESPONSE to #30 MOTION for Partial Summary Judgment filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit A (Excerpts from Molina Deposition), #2 Exhibit B (Excerpts from Visser Deposition))(Tillotson, Sammantha)
August 8, 2019 Opinion or Order Filing 35 Unopposed MOTION for Leave to Restrict by Plaintiff Nick Molina. (Vedra, Daniel)
August 8, 2019 Opinion or Order Filing 34 RESPONSE to #28 MOTION for Summary Judgment filed by Plaintiff Nick Molina. (Attachments: #1 Deposition Excerpts Deposition of Richard Johnson)(Vedra, Daniel)
July 17, 2019 Opinion or Order Filing 33 ORDER granting #32 Motion for Extension of Time to File Responses to pending motions for summary judgment. Plaintiff's response to Defendants Motion for Partial Summary Judgment [Doc. 28] is due August 8, 2019. Fords response to Plaintiffs Motion for Partial Summary Judgment [Doc. 30] is due August 12, 2019. By Judge Marcia S. Krieger on 7/17/2019. Text Only Entry(msklc4, )
July 17, 2019 Opinion or Order Filing 32 Joint MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Partial Summary Judgment , #28 MOTION for Summary Judgment by Defendant Ford Motor Company. (Attachments: #1 Proposed Order (PDF Only))(Tillotson, Sammantha)
July 8, 2019 Opinion or Order Filing 31 Unopposed MOTION for Leave to Restrict by Plaintiff Nick Molina. (Vedra, Daniel)
July 1, 2019 Opinion or Order Filing 30 MOTION for Partial Summary Judgment by Plaintiff Nick Molina. (Attachments: #1 Exhibit Exhibit 1 - Buyback Denial, #2 Exhibit Exhibit 2 - Ford Warranty, #3 Exhibit Exhibit 3 - Phil Long Invoice 1, #4 Exhibit Exhibit 4 - Phil Long Invoice 2, #5 Exhibit Exhibit 5 - Buyback Request, #6 Deposition Excerpts Molina Deposition, #7 Deposition Excerpts Johnson Deposition)(Vedra, Daniel)
June 28, 2019 Opinion or Order Filing 29 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #28 MOTION for Summary Judgment filed by attorneySammantha Jeannine Tillotson.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (dkals, )
June 27, 2019 Opinion or Order Filing 28 MOTION for Summary Judgment by Defendant Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tillotson, Sammantha)
April 23, 2019 Opinion or Order Filing 27 STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/23/2019. (jgonz, )
April 23, 2019 Opinion or Order Filing 26 MINUTE ORDER granting #24 Motion for Protective Order. The Proposed Protective Order will be entered. By Magistrate Judge Kathleen M. Tafoya on 4/23/2019. Text Only Entry(kmtlc2)
April 22, 2019 Opinion or Order Filing 25 MEMORANDUM regarding #24 Stipulated MOTION for Protective Order filed by Ford Motor Company. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge Marcia S. Krieger on 4/22/19. Text Only Entry (msklc2, )
April 22, 2019 Opinion or Order Filing 24 Stipulated MOTION for Protective Order by Defendant Ford Motor Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order (Exhibit A))(Tillotson, Sammantha)
March 7, 2019 Opinion or Order Filing 23 ORDER granting #21 Motion to Withdraw as Attorney. Attorney Katherine Lowell Russell terminated. By Judge Marcia S. Krieger on 3/7/19. Text Only Entry (msklc2, )
March 5, 2019 Opinion or Order Filing 22 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Discovery Hearing held on 3/5/2019. FTR: courtroom 101. (ksena)
March 5, 2019 Opinion or Order Filing 21 MOTION to Withdraw as Attorney by Plaintiff Nick Molina. (Russell, Katherine)
February 26, 2019 Opinion or Order Filing 20 MINUTE ORDER: An Informal Discovery Conference is set for 3/5/2019 at 10:00 AM before Magistrate Judge Kathleen M. Tafoya. The parties shall initiate a conference call and contact chambers, 719-575-0328, at the scheduled time. The parties shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. The parties shall send the relevant deposition notice and objections thereto and the relevant discovery requests and responses to chambers' email, tafoya_chambers@cod.uscourts.gov, no later than 5:00 p.m on 3/7/2019. By Magistrate Judge Kathleen M. Tafoya on 2/26/19. Text Only Entry (kmtlc1 )
November 16, 2018 Opinion or Order Filing 19 TRIAL PREPARATION ORDER by Chief Judge Marcia S. Krieger on 11/16/18. (dkals, )
October 30, 2018 Opinion or Order Filing 18 SCHEDULING ORDER: By Magistrate Judge Kathleen M. Tafoya on 10/30/2018. (ksena)
October 30, 2018 Opinion or Order Filing 17 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 10/30/2018, ( Discovery due by 5/1/2019., Dispositive Motions due by 7/1/2019.). FTR: courtroom 101. (ksena)
October 24, 2018 Opinion or Order Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #15 Proposed Scheduling Order filed by attorneyDaniel James Vedra.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
October 23, 2018 Opinion or Order Filing 15 Proposed Scheduling Order by Plaintiff Nick Molina. (Russell, Katherine)
October 22, 2018 Opinion or Order Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Ford Motor Company All parties do not consent.. (Tillotson, Sammantha)
September 25, 2018 Opinion or Order Filing 13 ORDER Scheduling Conference for 10/30/2018 at 10:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 09/25/2018. (ksena)
September 24, 2018 Opinion or Order Filing 12 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 9/24/18. Text Only Entry (pglov)
September 21, 2018 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 9/21/18. Text Only Entry (msklc2, )
September 14, 2018 Opinion or Order Filing 10 Defendant Ford Motor Company's ANSWER to #1 Complaint, by Ford Motor Company.(Tillotson, Sammantha)
September 5, 2018 Opinion or Order Filing 9 ORDER granting #7 Motion for Extension of Time to Answer or Otherwise Respond. Ford Motor Company answer due 9/14/2018. by Chief Judge Marcia S. Krieger on 9/5/18. Text Only Entry (msklc2, )
September 5, 2018 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT. (Tillotson, Sammantha)
September 5, 2018 Opinion or Order Filing 7 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Ford Motor Company. (Tillotson, Sammantha)
September 5, 2018 Opinion or Order Filing 6 NOTICE of Entry of Appearance by Casie D. Collignon on behalf of Ford Motor CompanyAttorney Casie D. Collignon added to party Ford Motor Company(pty:dft) (Collignon, Casie)
September 5, 2018 Opinion or Order Filing 5 NOTICE of Entry of Appearance by Sammantha Jeannine Tillotson on behalf of Ford Motor CompanyAttorney Sammantha Jeannine Tillotson added to party Ford Motor Company(pty:dft) (Tillotson, Sammantha)
August 1, 2018 Opinion or Order Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (dbera, )
August 1, 2018 Opinion or Order Filing 3 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dbera, )
August 1, 2018 Opinion or Order Filing 2 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (dbera, )
August 1, 2018 Opinion or Order Filing 1 COMPLAINT against Ford Motor Company Attorney Daniel James Vedra added to party Nick Molina(pty:pla), filed by Nick Molina. Filing Fee $400.00; Receipt Number COX086078.(Attachments: #1 Civil Cover Sheet, #2 Summons)(Vedra, Daniel) Modified to add payment information on 8/1/2018 (dbera, ).

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Plaintiff: Nick Molina
Represented By: Daniel James Vedra
Represented By: Katherine Lowell Russell
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Defendant: Ford Motor Company
Represented By: Sammantha Jeannine Tillotson
Represented By: Casie D. Collignon
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