Gandara v. Ford Motor Company
Yadira Yaneth Soto Gandara, L.A.A.S, Minor Child, M.A.A.S, Minor Child, Angelica Maria Sanchez Cabello and Jose Javier Puentes Galvez |
Ford Motor Company |
Maria Capello Guevara |
5:2018cv00047 |
April 13, 2018 |
US District Court for the Southern District of Texas |
Laredo Office |
La Salle |
Marina Garcia Marmolejo |
Motor Vehicle Prod. Liability |
28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
None |
Docket Report
This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.
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Filing 37 Minute Entry for proceedings held before Judge Marina Garcia Marmolejo. SEALED SETTLEMENT CONFERENCE held on 6/24/2019. Appearances: Maria Guevara Capello, Elizabeth Z Brabb, Wendell Phillip Martens, Jr.(ERO:Edgar Hernandez [3:40-4:15]), filed.(atrevino, 5) (atrevino, 5). |
Filing 36 Sealed ORDER Approving Settlement and Final Judgment, filed. (dmorales, 5) |
Filing 35 SEALED Confidential Compromise Settlement Agreement, Release and Indemnity Agreement, filed. (dmorales, 5) |
Filing 34 SEALED Affidavit of Dirk Weeks, CSSC, filed. (dmorales, 5) |
Filing 33 SEALED Guardian Ad Litem Report and Recommendation to the Court, filed. (dmorales, 5) |
Filing 32 Sealed ORDER ON GUARDIAN AD LITEM FEES., filed. (dmorales, 5) |
Filing 31 ORDER granting #30 Motion for Elizabeth Z. Brabb to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(aveliz, 5) |
Filing 30 MOTION for Elizabeth Z. Brabb to Appear Pro Hac Vice by Ford Motor Company, filed. (Mennucci, William) |
Filing 29 ORDER The Court has received the parties' #28 Joint Status Report on Settlement and Motion to Set Minor Prove-Up Hearing. A hearing on the proposed settlement is hereby SET for 6/24/2019 at 03:30 PM in Courtroom 3B before Judge Marina Garcia Marmolejo. Counsel will be expected to attend in person. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) |
Filing 28 STATUS REPORT by Ford Motor Company, filed.(Mennucci, William) |
Filing 27 ORDER FOR ADVISORY The Parties are ORDERED to file a Joint Advisory with the Court on the status of the proposed settlement review by no later than June 17, 2019. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) |
Filing 26 ORDER APPOINTING GUARDIAN AD LITEM It is therefore, ORDERED, that Mary Capello a duly qualified person, be, and is hereby appointed Guardian Ad Litem to review the proposed settlement and to advise the Court regarding its approval in the best interests of the minors. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(mxperez, 5) |
Filing 25 NOTICE of Settlement by Ford Motor Company, filed. (Attachments: #1 Proposed Order)(Wamsted, Ronald) |
Filing 24 ORDER TO SHOW CAUSE The Scheduling Order required the Parties to File a Joint Pretrial Order, Motions in Limine, and Proposed Jury Instrutions by no later than March 28, 2019. However, these documents have not been filed nor have the Parties requested an extension as of yet. As such, the Parties are ORDERED to jointly show cause for their failure to meet this deadline, summarize the status of the case, and include any proposed modifications to the Scheduling Order by no later than April 5, 2019. Alternatively, if the Parties have settled, they may file a notice of settlement. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) |
Filing 23 AMENDED COMPLAINT against All Defendants filed by Yadira Yaneth Soto Gandara, L.A.A.S, Minor Child, M.A.A.S, Minor Child, Angelica Maria Sanchez Cabello, Jose Javier Puentes Galvez.(Counts, Andrew) |
Filing 22 ORDER granting Plaintiff's #21 Amended, Unopposed Motion for Leave to File Amended Pleading. Plaintiff shall file its Second Amended Complaint by 5 P.M. on February 5, 2019.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) |
Filing 21 Unopposed MOTION for Leave to File 2nd Amended Complaint by Yadira Yaneth Soto Gandara, filed. Motion Docket Date 2/19/2019. (Attachments: #1 Proposed Order Order, #2 Exhibit Plaintiffs' Second Amended Complaint)(Counts, Andrew) |
Filing 20 ORDER denying #19 Motion for Leave to File Amended Pleading. Plaintiff is given leave to file an amended motion by 5 P.M. on January 28, 2019.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(gsalinas, 5) |
Filing 19 Unopposed MOTION for Leave to File Plaintiffs' Second Amended Complaint by Yadira Yaneth Soto Gandara, filed. Motion Docket Date 2/7/2019. (Attachments: #1 Proposed Order Order, #2 Exhibit Plts Second Amended Complaint)(Tracy, E) |
Filing 18 ORDER granting Defendant's #3 Unopposed Motion to Designate Ulises Eluid Perez Alvarez as Responsible Third Party.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) |
Filing 17 Second INITIAL DISCLOSURES by Ford Motor Company, filed.(Bullion, Deborah) |
Filing 16 SCHEDULING ORDER. Amended Pleadings due by 12/21/2018. Joinder of Parties due by 9/10/2018 Pltf Expert Witness List due by 11/14/2018. Deft Expert Witness List due by 12/14/2018. Discovery due by 2/28/2019. ADR due by 2/28/2019. Opt into Court Mediation due by 12/7/2018. Expert Witnesses to Provie Rebuttal Reports due by 1/4/19. Dispositive Motion Filing due by 3/14/2019. TRACK A- If No Dispositive Motions are Filed: Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due by 3/28/2019. Pretrial Conference and Trial Scheduling on 4/11/2019. TRACK B- If Dispositive Motions are Filed: Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due by 6/14/2019. Pretrial Conference and Trial Scheduling on 6/28/2019. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) |
Filing 15 STIPULATED PROTECTIVE ORDER. Entered as submitted by parties. (Signed by Magistrate Judge Diana Song Quiroga) (Attachments: #1 Exhibit A) Parties notified. (SMcGuire, 5) |
MINUTE ENTRY for proceedings held before Magistrate Judge Diana Song Quiroga. INITIAL PRETRIAL AND SCHEDULING CONFERENCE held on 7/17/2018. Plaintiffs appeared through counsel Todd Tracy. Defendants appeared through counsel Deborah Jean Bullion.The Court began by reviewing the Joint Discovery / Case Management Plan that the Parties timely filed. Plaintiffs confirm they do not object to Defendant's motion to designate a responsible third party, the driver. Additionally, the Parties may wish to depose the driver and one passenger, both of whom live in Mexico. The Parties agreed this was a typical motor vehicle / crashworthiness case and they do not anticipate unexpected difficulties with discovery or motion practice.The Court then turned to the proposed Scheduling Order in this case, and agreement was reached as to all dates. A separate Scheduling Order will follow shortly, including a deadline to file rebuttal reports.The Court then turned to the Parties' stipulated protective order, filed alongside their Joint Discovery / Case Management Plan. The Court will adopt and enter this order.The Court, finally, reviewed the Civil Court Procedures available on the District Judge's website, and emphasized the importance of conferring before filing opposed motions, and of providing the Court with prompt notification of settlement. The Court monitors its docket very actively and will endeavor to assist the parties with genuine disputes. Agreements to continue any deadlines are not binding on the Court. Requests for continuances must be made at least three days in advance of the controlling deadline. The Court will remain cognizant of the Parties' needs and encouraged the Parties to keep the Court apprised of any developments. The Court thanked the Parties for their participation today and ended the conference. Telephonic Appearances: Attorneys: Todd Tracy f/PLAINTIFF; Attorney: Deborah Jean Bullion f/DEFENDANT. (3:28 - 3:57) (ERO: David Morales) (SMcGuire, 5) |
Filing 14 Supplemental INITIAL DISCLOSURES by Ford Motor Company, filed.(Bullion, Deborah) |
Filing 13 INITIAL DISCLOSURES by Ford Motor Company, filed.(Bullion, Deborah) |
Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Ford Motor Company, filed. (Attachments: #1 Proposed Order Stipulated Sharing & Non-Sharing Protective Order)(Bullion, Deborah) |
Filing 11 First AMENDED COMPLAINT against Ford Motor Company filed by Yadira Yaneth Soto Gandara.(dmorales, 5) |
Filing 10 ORDER granting #9 Motion for Leave to File First Amended Complaint.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) |
Filing 9 Unopposed MOTION for Leave to File Plaintiff's First Amended Complaint by Yadira Yaneth Soto Gandara, filed. Motion Docket Date 7/30/2018. (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order)(Tracy, E) |
Filing 8 NOTICE of Appearance by Wendell P. Martens, Jr. on behalf of Yadira Yaneth Soto Gandara, filed. (Martens, Wendell) |
Filing 7 CERTIFICATE OF INTERESTED PARTIES by Ford Motor Company, filed.(Bullion, Deborah) |
Filing 6 CERTIFICATE OF INTERESTED PARTIES by Yadira Yaneth Soto Gandara, filed.(Tracy, E) |
Filing 5 ORDER. The telephonic Initial Pretrial and Scheduling Conference set for July 13, 2018 at 3:30 p.m. (Dkt. No. #4 ) is RESET to July 17, 2018 at 3:30 p.m. ***Pretrial and Conference set for 7/17/2018 at 03:30 PM by telephone before Magistrate Judge Diana Song Quiroga. (Signed by Magistrate Judge Diana Song Quiroga). Parties notified. (SMcGuire, 5) |
Filing 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/13/2018 at 03:30 PM by telephone before Magistrate Judge Diana Song Quiroga. Parties notified.(dmorales, 5) |
Filing 3 Unopposed MOTION to Designate Responsible Third Party by Ford Motor Company, filed. Motion Docket Date 6/27/2018. (Attachments: #1 Exhibit A, #2 Proposed Order)(Mennucci, William) |
Filing 2 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Ford Motor Company, filed.(Mennucci, William) |
Filing 1 NOTICE OF REMOVAL from La Salle County, TX, case number 218-02-00040-CVL (Filing fee $ 400 receipt number 0541-19901739) filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Appendix, #3 Tab1, #4 Tab 2, #5 Tab 3, #6 Tab 4, #7 Tab 5, #8 Tab 6)(Mennucci, William) |
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