Michael Rayon v. General Motors Company et al
| Michael Rayon |
| General Motors Company, General Motors LLC and Does 1-25, inclusive |
| 6:2020cv00172 |
| March 5, 2020 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Jeffrey C Manske |
| Personal Inj. Prod. Liability |
| 28:1332 |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 52 NON-CONSENT to Trial by US Magistrate Judge by General Motors LLC. (Cox, Jeffrey) |
| Filing 51 CONSENT to Trial by US Magistrate Judge by Michael Rayon. (Rice, Daniel) |
Filing 50
SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 9/14/2020. Consent to Trial by Magistrate due by 4/27/2020. Motions due by 7/12/2021. Pretrial Conference set for 10/14/2021 09:30 AM before Judge Alan D Albright. Jury Selection and Jury Trial set for 10/25/2021 09:00 AM before Judge Alan D Albright. Signed by Judge Jeffrey C. Manske. (am)
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Filing 49
ORDER. In light of the COVID-19 pandemic, the Docket Control Conference, set for Wednesday, April 8, 2020, is CANCELED AND WILL NOT BE RESET. Signed by Judge Jeffrey C. Manske. (am)
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| Filing 48 Scheduling Recommendations/Proposed Scheduling Order [Joint Proposed Scheduling and Discovery Plan] by General Motors LLC. (Attachments: #1 Proposed Order)(Cox, Jeffrey) |
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Filing 47
ORDER GRANTING #46 Motion to Appear Pro Hac Vice to John R. Rofael. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (lad)
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| Filing 46 MOTION to Appear Pro Hac Vice by John R. Rofael ( Filing fee $ 100 receipt number 0542-13410150) by on behalf of Michael Rayon. (Attachments: #1 Proposed Order proposed Order). Motions referred to Judge Jeffrey C. Manske. (Rice, Daniel) |
| Filing 44 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) |
| Filing 45 ADVISORY TO THE COURT re: PHV application(am) |
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Text Order GRANTING #43 Motion to Substitute Attorney entered by Judge Jeffrey C. Manske. It is ORDERED that Ryan Cosgrove is permitted to withdraw as counsel of record for GM LLC in this lawsuit and the following counsel is substituted in his place: Jeffrey J. Cox State Bar No. 04947530jeffcox@dykema.comDYKEMA GOSSETT PLLC1717 Main Street, Suite 4200Dallas, Texas 75201 Rebekah HudginsState Bar No. 24101960rhudgins@dykema.comDYKEMA GOSSETT PLLC1717 Main Street, Suite 4200Dallas, Texas 75201 (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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| Filing 43 Unopposed MOTION to Substitute Attorney by General Motors LLC. (Attachments: #1 Proposed Order, #2 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cox, Jeffrey) |
| Filing 42 NOTICE of Attorney Appearance by Daniel V. Rice on behalf of Michael Rayon. Attorney Daniel V. Rice added to party Michael Rayon(pty:pla) (Rice, Daniel) |
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Filing 41
DOCKET CONTROL ORDER PURSUANT TO RULES 16(b) AND 26(f), Telephone Conference set for 4/8/2020 02:45 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (am)
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| Filing 40 ANSWER to #1 Complaint with Jury Demand . Attorney Jeffrey J. Cox added to party General Motors LLC(pty:dft) by General Motors LLC.(Cox, Jeffrey) |
| Filing 39 Pro Hac Vice Letter to Ryan E Cosgrove of Nelson Mullins Riley and Scarborough LLP (Attorney to Defendant General Motors LLC). (mc5) |
| Filing 38 Pro Hac Vice Letter to Philip Russell Cosgrove of Nelson Mullins Riley and Scarborough LLP (Attorney for Defendant General Motors LLC). (mc5) |
| Filing 37 Pro Hac Vice Letter to Farid Yaghoubtil of Downtown LA Law Group (Attorney to Plaintiff). (mc5) |
| Filing 36 Pro Hac Vice Letter to Mr. Daniel Azizi, Downtown LA Law Group (Attorney for Plaintiff). (mc5) |
| Case assigned to Judge Alan D Albright and Judge Jeffrey C. Manske. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mc5) |
| Filing 35 Case electronically transferred in from Central District of California; Case Number 2:19-cv-06061. |
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Filing 34
ORDER TRANSFERRING THE LAWSUIT TO TEXAS PURSUANT TO 28 U.S.C. SECTION 1406(a) by Judge Andre Birotte Jr.: Upon Stipulation #33 , IT IS HEREBY ORDERED that rather than dismissing the action as to Defendant General Motors LLC for lack of personal jurisdiction in California, the Court hereby TRANSFERS this lawsuit to the Western District of Texas, Waco Division, pursuant to 28 U.S.C. Section 1406(a). The parties' agreement to transfer the action to Texas does not waive any defenses or affirmative defenses that Defendant General Motors LLC has related to Plaintiff Michael Rayon's lawsuit and/or causes of action. Case electronically transferred. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 33 STIPULATION to Transfer Case to TEXAS filed by Specially Appearing Defendant General Motors LLC Does. (Attachments: #1 Proposed Order TRANSFERRING THE LAWSUIT TO TEXAS PURSUANT TO 28 U.S.C 1406(a))(Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
| Filing 32 SECOND AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition #20 , filed by Plaintiff Michael Rayon(Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
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Filing 31
MINUTES (IN CHAMBERS) Order (1) Re-Opening Case, (2) Allowing Plaintiff Leave to File a Second Amended Complaint, and (3) Ordering the Filing of Either a Stipulation to Transfer or Defendant GM LLC's Motion to Dismiss for Lack of Personal Jurisdiction by Judge Andre Birotte Jr.: Having reviewed the Status Report submitted by General Motors LLC ("GM LLC") #29 and the parties' Joint Brief Status Report #30 , the Court hereby RE-OPENS this case. The Court grants Plaintiff leave to file a Second Amended Complaint ("SAC") naming Defendant GM LLC in the caption, and removing Defendant General Motors Company ("GM Company"). The Court ORDERS that Plaintiff file his SAC on or before 2/28/2020. The Court also notes that the Parties, pursuant to their Joint Brief Status Report, "have engaged in communications regarding stipulation to transfer the action to the Western District of Texas, Waco Division pursuant to 28 U.S.C section 1406 as the accident involved in this action occurred on or about 7/14/2017, in Freestone County, Texas." In light of this, the Court ORDERS the Parties to file any such Stipulation to Transfer by 3/4/2020. If the parties do not do so, Defendant GM LLC must re-file its Motion to Dismiss for Lack of Personal Jurisdiction, if it wishes to do so, by 3/6/2020. (Case reopened. MD JS-5.) Court Reporter: N/A. (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 30 JOINT BRIEF STATUS REPORT of REPORT PURSUANT TO COURTS FEBRUARY 12, 2020 ORDER filed by Defendant Does. (Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
| Filing 29 STATUS REPORT of SPECIALLY APPEARING DEFENDANT GENERAL MOTORS LLCS STATUS REPORT PURSUANT TO COURTS FEBRUARY 12, 2020 ORDER filed by Defendant Does. (Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
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Filing 28
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr. : The Court DENIES General Motors LLCs ("GM LLC") Request to Place Hearing on its Motion to Quash Service of Summons Back on Calendar. (Dkt. No. #27 ). Having reviewed the initial Complaint (Dkt. No. 1) and the First Amended Complaint (Dkt. No. #20 ), the Court finds that GM LLC has not been named as a Defendant in this action. (See also Civil Cover Sheet, Dkt. No. #2 (listing only General Motors Company as a defendant)). If the Parties believe the Court has erred, they are ORDERED to file a brief status report (not to exceed 4 pages) by February 19, 2020 showing how GM LLC was properly named as a Defendant in this action. IT IS SO ORDERED. (droj) [Transferred from California Central on 3/5/2020.]
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| Filing 27 REQUEST for Hearing TO PLACE HEARING ON MOTION TO QUASH SERVICE OF SUMMONS BACK ON CALENDAR, re NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint (Attorney Civil Case Opening) #1 #24 , GENERAL MOTORS LLC filed by defendant Does. Request set for hearing on 2/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attorney Ryan E Cosgrove added to party Does(pty:dft)) (Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
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Filing 26
ORDER DISMISSING GENERAL MOTORS COMPANY WITH PREJUDICE by Judge Andre Birotte Jr.: Pursuant to the parties' Stipulation #25 , and Rule 41(a) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that Plaintiff Michael Rayon's action against Defendant General Motors Company ("GM") is DISMISSED IN ITS ENTIRETY WITH PREJUDICE, each party to bear their own costs and attorney's fees. Accordingly, GM's Motion to Quash Service of Summons #24 is DISMISSED as MOOT. (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 25 STIPULATION to Dismiss defendant General Motors Company filed by defendant General Motors Company. (Attachments: #1 Proposed Order Dismissing General Motors Company With Prejudice)(Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
| Filing 24 NOTICE OF MOTION AND MOTION to Quash Summons re: Complaint (Attorney Civil Case Opening) #1 filed by defendant General Motors Company. Motion set for hearing on 2/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Rick Hansen In Support of Motion to Quash, #2 Declaration of RaShawndra Outlaw In Support of Motion to Quash, #3 Proposed Order Granting Specially Appearing Defendant General Motors LLC's Motion to Quash Service of Summons) (Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
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Filing 23
ORDER EXTENDING TIME FOR GENERAL MOTORS COMPANY TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #22 , IT IS HEREBY ORDERED that General Motors Company shall have up to and including 2/6/2020 in which to plead to the First Amended Complaint #20 . The Court's Order to Show Cause is discharged. (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 22 STIPULATION Extending Time to Answer the complaint as to General Motors Company answer now due 2/6/2020, re Amended Complaint/Petition #20 filed by defendant General Motors Company. (Attachments: #1 Proposed Order)(Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
| Filing 21 DECLARATION of Daniel Azizi, Esq. Re Dismissal for lack of prosecution filed by Plaintiff Michael Rayon. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 20 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Michael Rayon(Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to General Motors Company answer now due 1/22/2020, re Service of Summons and Complaint Returned Executed (21 days), #17 , Complaint (Attorney Civil Case Opening) #1 filed by Defendant General Motors Company.(Attorney Ryan E Cosgrove added to party General Motors Company(pty:dft))(Cosgrove, Ryan) [Transferred from California Central on 3/5/2020.] |
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Filing 18
MINUTES (IN CHAMBERS) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 12/31/2019 why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. Plaintiff(s) obtained entry of default as to Defendant, pursuant to Fed. R. Civ. P. 55(a), but Plaintiff(s) have not sought default judgment, pursuant to Fed. R. Civ. P. 55(b). Plaintiff( s) can satisfy this order by seeking default judgment or by notifying the Court that default judgment will not be sought, at which point the clerk will close this matter. Court Reporter: N/A. (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 17 PROOF OF SERVICE Executed by Plaintiff Michael Rayon, upon Defendant General Motors Company served on 12/2/2019, answer due 12/23/2019. Service of the Summons and Complaint were executed upon Barbara Green, Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 16 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On November 5, 2019, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on November 7, 2019. The Court deems that response satisfactory, and orders the Order to Show Cause discharged.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 3/5/2020.] |
| Filing 15 DEFAULT BY CLERK F.R.Civ.P.55(a) as to General Motors Company. (gk) [Transferred from California Central on 3/5/2020.] |
| Filing 14 DECLARATION of Daniel Azizi filed by Plaintiff Michael Rayon. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 13 APPLICATION for Clerk to Enter Default against Defendant General Motors Company filed by Plaintiff Michael Rayon. (Attachments: #1 Proposed Order) (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
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Filing 12
MINUTES (IN CHAMBERS) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 11/12/2019 why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. Defendant(s) General Motors Company did not answer the complaint, yet Plaintiff(s) have failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff(s) can satisfy this order by seeking entry of default or by dismissing the complaint. Court Reporter: N/A. (gk) [Transferred from California Central on 3/5/2020.]
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| Filing 11 PROOF OF SERVICE Executed by Plaintiff Michael Rayon, upon Defendant General Motors Company served on 8/28/2019, answer due 9/18/2019. Service of the Summons and Complaint were executed upon Albert DeMonte, Agent for Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 3/5/2020.]
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant General Motors Company. (et) [Transferred from California Central on 3/5/2020.] |
| Filing 8 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #7 filed by Plaintiff Michael Rayon. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: Name of court is missing. The court name on the summons must show "Central District of California." The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) [Transferred from California Central on 3/5/2020.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 3/5/2020.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Jacqueline Chooljian. (et) [Transferred from California Central on 3/5/2020.] |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Michael Rayon. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Michael Rayon, (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Michael Rayon. (Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
| Filing 1 COMPLAINT Receipt No: 0973-24084407 - Fee: $400, filed by Plaintiff Michael Rayon. (Attorney Farid Yaghoubtil added to party Michael Rayon(pty:pla))(Yaghoubtil, Farid) [Transferred from California Central on 3/5/2020.] |
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