Charles Martin et al v. Ford Motor Company et al
| California Central District Court | |
| Judge: | Andre Birotte Jr |
| Referred: | Patricia Donahue |
| Case #: | 2:18-cv-01750 |
| Nature of Suit | 195 Contract - Contract Product Liability |
| Cause | 28:1441 Notice of Removal - Product Liability |
| Case Filed: | Mar 01, 2018 |
| Last checked: Tuesday Aug 28, 2018 1:59 AM PDT |
|
Defendant
Ford Motor Company
|
Represented By
|
|
Defendant
Mossy Ford, Inc.
|
Represented By
|
|
Plaintiff
Steven C Day
|
Represented By
|
|
Plaintiff
Charles E Martin
|
Represented By
|
| Docket last updated: 2 hours ago |
| Tuesday, March 12, 2024 | ||
| 31 | 31
transfer
Reassignment of Case Due to Unavailability of Judicial Officer (MJ) (G-74) - optional html form
Wed 03/13 10:47 AM
NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Patricia Donahue for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:18-cv-01750-AB-PDx. (cbr) |
|
| Wednesday, August 30, 2023 | ||
| 30 | 30
order
Minutes of In Chambers Order/Directive - no proceeding held
Thu 08/31 9:37 PM
MINUTES (IN CHAMBERS) ORDER DENYING APPLICATIONS TO FILE UNDER SEAL by Judge Andre Birotte Jr.: Plaintiffs filed four Applications to File Under Seal re: Bell (Case No. 2:18-cv-01752) [filed under 2:18-ml-02814, Doc No. 1478], Joe (Case No. 2:18-cv-01752) [filed under 2:18-ml-02814, Doc No. 1481], Martin and Day (Case No. 2:18-cv-01750) [filed under 2:18-ml-02814, Doc No. 1484], Mendieta and Pardo (Case No. 2:18-cv-07789) [filed under 2:18-ml-02814, Doc No. 1487], and in connection with their oppositions to Ford's Motions for Summary Judgment. The Applications seek to file under seal four identical sets of documents four separate times in the MDL. The Court questions whether a more efficient approach could have been used. Regardless, the Applications are deficient in multiple respects, and the Court DENIES them. The parties are ORDERED to review Local Rule 79-5.2.2(b) and to comply with it going forward, and to minimize the materials they seek to file under seal. See document for further details. Court Reporter: N/A. (gk) |
|
| 29 | 29
order
Minutes of In Chambers Order/Directive - no proceeding held
Thu 08/31 4:39 PM
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART FORD'S MOTIONS FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: Before the Court are Defendant Ford Motor Company's ("Ford") Motions for Summary Judgment filed as to Curtis T. Joe v. Ford Motor Company et al., Case No. CV 18-02594 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1466], Charles Martin et al v. Ford Motor Company et al., Case No. CV 18-01750 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1467], and Mendieta et al v. Ford Motor Company et al., Case No. CV 18-07789 AB (FFMx) [motion docketed under 2:18-ml-02814-AB (PVCx), Doc No. 1468]. The Court GRANTS in part and DENIES in part Ford's Motions for Summary Judgment, as follows: Ford's Motions as to EXPRESS WARRANTY CLAIMS: DENIED as to Joe and Martin; GRANTED as to Mendieta. Ford's Motions as to WILLFULNESS/CIVIL PENALTIES: DENIED as to Joe; GRANTED as to Martin and Mendieta. Ford's Motions as to BREACH OF IMPLIED WARRANTY CLAIMS: DENIED as to Joe; GRANTED as to Martin and Mendieta. Ford's Motions as to BREACH OF IMPLIED WARRANTY DAMAGES: DENIED as to All Plaintiffs Claims for Damages Consisting of "So Much of the Price as Has Been Paid;" GRANTED as to All Plaintiffs' claims for incidental and consequential damages. Ford's Motion as to the MARTIN CLRA CLAIM: GRANTED. Ford's Motions as to FRAUD CLAIMS: GRANTED as to all fraud claims brought by all Plaintiffs. Ford must file a Proposed Judgment for the Mendieta case within seven days of the issuance of this Order. Thereafter, the Mendieta Plaintiffs will have five days to object as to form. Court Reporter: N/A. (gk) |
|
| Wednesday, April 19, 2023 | ||
| 28 | 28
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 04/19 4:20 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Amir M Nassihi counsel for Defendant Ford Motor Company. Adding Amir Nassihi as counsel of record for Defendant Ford Motor Company for the reason indicated in the G-123 Notice. Filed by Defendant Ford Motor Company. (Attorney Amir M Nassihi added to party Ford Motor Company(pty:dft))(Nassihi, Amir) |
|
| Monday, March 20, 2023 | ||
| 27 | 27
notice
Appearance
Mon 03/20 1:39 PM
NOTICE of Appearance filed by attorney Hailey Marie Rogerson on behalf of Defendant Ford Motor Company(Attorney Hailey Marie Rogerson added to party Ford Motor Company(pty:dft))(Rogerson, Hailey) |
|
|
Att: 1
Certificate of Service
|
||
| 26 | 26
notice
Appearance
Mon 03/20 1:35 PM
NOTICE of Appearance filed by attorney Katherine Pollard Vilchez on behalf of Defendant Ford Motor Company(Attorney Katherine Pollard Vilchez added to party Ford Motor Company(pty:dft))(Vilchez, Katherine) |
|
|
Att: 1
Certificate of Service
|
||
| Tuesday, May 25, 2021 | ||
| 25 | 25
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 05/25 6:06 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Steve Mikhov counsel for Plaintiffs Steven C Day, Charles E Martin. Russell Higgins is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Charles E Martin and Steven C Day. (Mikhov, Steve) |
|
| Tuesday, July 10, 2018 | ||
| 24 | 24
attorney
Change of Address
Tue 07/10 9:27 AM
NOTICE of Change of address by Steve Borislav Mikhov attorney for Plaintiffs Steven C Day, Charles E Martin. Changing attorneys address to 10250 Constellation Blvd., Suite 2500, Los Angeles, CA 90067. Filed by Plaintiffs Steven C Day, Charles E Martin. (Mikhov, Steve) |
|
| Wednesday, April 18, 2018 | ||
| 23 | 23
attorney
Association of Counsel
Wed 04/18 12:21 PM
NOTICE of Association of Counsel associating attorney Paul R. Kiesel on behalf of Plaintiffs Steven C Day, Charles E Martin. Filed by Plaintiffs Steven C Day, Charles E Martin (Mikhov, Steve) |
|
| Wednesday, April 11, 2018 | ||
| 22 | 22
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 04/11 12:01 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey A Koncius counsel for Plaintiffs Steven C Day, Charles E Martin. Adding Jeffrey A. Koncius as counsel of record for Charles Martin and Steven Day for the reason indicated in the G-123 Notice. Filed by Plaintiffs Charles Martin and Steven Day. (Attorney Jeffrey A Koncius added to party Steven C Day(pty:pla), Attorney Jeffrey A Koncius added to party Charles E Martin(pty:pla))(Koncius, Jeffrey) |
|
| Friday, March 09, 2018 | ||
| 21 | 21
8
pgs
order
Order ~Util - Set/Reset Hearings
Fri 03/09 1:12 PM
ORDER NO. 1: ORDER SETTING CASE MANAGEMENT CONFERENCE by Judge Andre Birotte Jr.: Initial Conference set for 4/18/2018 at 09:30 AM before Judge Andre Birotte Jr. Counsel will file a Preliminary Report by 4/3/2018. Applications for Lead and Liaison Counsel Appointments must be filed by 4/3/2018. See document for further details. Associated Cases: 2:18-ml-02814-AB-FFM et al. (gk) |
|
| Tuesday, March 06, 2018 | ||
| 20 | 20
transfer
MDL - Letter to Counsel (CV 119) - optional html form
Tue 03/06 10:17 AM
Letter to Counsel regarding MDL Transfer-In. (et) |
|
| Monday, March 05, 2018 | ||
| 17 | 17
transfer
Case Transferred In from other District (Electronic Transfer)
Mon 03/05 8:06 AM
ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
|
| Friday, March 02, 2018 | ||
| 16 | 16
CONDITIONAL TRANSFER ORDER (CTO-2) from the Judicial Panel on Multidistrict Litigation, pursuant to 28 U.S.C. § 1407, the actions on the attached schedule are transferred to the Central District of California to become part of MDL 2814. (dhmS, COURT STAFF) (Filed on 3/2/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Thursday, March 01, 2018 | ||
| 19 | 19
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Tue 03/06 10:16 AM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (et) |
|
| 18 | 18
mdlcmp
Copy of Transfer Order/Conditional Transfer Order received
Tue 03/06 10:14 AM
Copy of Conditional Transfer Order - 2 received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 2/21/2018 regarding transfer of Case No. 5:18-cv-00405-LHK from USDC Northern District of California (San Jose). Case assigned to Judge Andre Birotte Jr for the purpose of pretrial proceedings. Case consolidated with 2:18-ml-02814-AB (FFMx). (et) |
|
| Monday, February 05, 2018 | ||
| 15 | 15
ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings pursuant to Order Relating Cases. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Judge Beth Labson Freeman no longer assigned to the case.(bwS, COURT STAFF) (Filed on 2/5/2018) Modified on 2/16/2018 (sp, COURT STAFF). [Transferred from California Northern on 3/5/2018.]
|
|
|
Att: 1
Notice of Eligibility for Video Recording
|
||
| 14 | 14
ORDER RELATING CASE. Signed by Judge Lucy H. Koh on 2/5/18. (iym, COURT STAFF) (Filed on 2/5/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Wednesday, January 31, 2018 | ||
| 13 | 13
JUDICIAL REFERRAL FOR PURPOSES OF DETERMINING RELATIONSHIP OF CASES. Signed by Judge Beth Labson Freeman on 1/31/2018. (blflc2S, COURT STAFF) (Filed on 1/31/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Thursday, January 25, 2018 | ||
| 12 | 12
MOTION to Stay re11 MOTION to Relate Case to Multidistrict Litigation Case No. 2814 filed by Ford Motor Company. Motion Hearing set for 3/15/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/6/2018.(Hugret, Spencer) (Filed on 1/25/2018) [Transferred from California Northern on 3/5/2018.]
|
|
|
Att: 1
Supplement Memorandum ISO Motion to Stay,
|
||
|
Att: 2
Proposed Order
|
||
| 11 | 11
MOTION to Relate Case to Multidistrict Litigation Case No. 2814 filed by Ford Motor Company.(Hugret, Spencer) (Filed on 1/25/2018) [Transferred from California Northern on 3/5/2018.]
|
|
|
Att: 1
Declaration of Natalie R. Nuttall ISO,
|
||
|
Att: 2
Proposed Order
|
||
| Wednesday, January 24, 2018 | ||
| 10 | 10
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings.This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Judge Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 1/24/2018.(bwS, COURT STAFF) (Filed on 1/24/2018) [Transferred from California Northern on 3/5/2018.]
|
|
|
Att: 1
Notice of Eligibility for Video Recording
|
||
| Tuesday, January 23, 2018 | ||
| 9 | 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 1/23/2018) [Transferred from California Northern on 3/5/2018.] | |
| 8 | 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ford Motor Company, Mossy Ford, Inc... (Nuttall, Natalie) (Filed on 1/23/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Monday, January 22, 2018 | ||
| 7 | 7
CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 2/5/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (lmh, COURT STAFF) (Filed on 1/22/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| 6 | 6
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Nathanael M. Cousins for all further proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Judge Executive Committee on 1/22/18. (cfeS, COURT STAFF) (Filed on 1/22/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Friday, January 19, 2018 | ||
| 5 | 5
ORDER OF RECUSAL. Signed by Magistrate Judge Howard R. Lloyd on 1/19/2018. (hrllc3S, COURT STAFF) (Filed on 1/19/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| 4 | 4 Case assigned to Magistrate Judge Howard R. Lloyd. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/2/2018. (srnS, COURT STAFF) (Filed on 1/19/2018) [Transferred from California Northern on 3/5/2018.] | |
| 3 | 3
Civil Cover Sheet by Ford Motor Company Amended Civil Cover Sheet . (Nuttall, Natalie) (Filed on 1/19/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| Thursday, January 18, 2018 | ||
| 2 | 2
NOTICE of Appearance by Spencer Peter Hugret Lead and Notice Attorney (Hugret, Spencer) (Filed on 1/18/2018) [Transferred from California Northern on 3/5/2018.]
|
|
| 1 | 1
NOTICE OF REMOVAL from Monterey County. Their case number is 17CV004554. (Filing fee $400 receipt number 0971-12035608). Filed byMossy Ford, Inc., Ford Motor Company.(Nuttall, Natalie) (Filed on 1/18/2018) [Transferred from California Northern on 3/5/2018.]
|
|
|
Att: 1
Declaration,
|
||
|
Att: 2
Declaration,
|
||
|
Att: 3
Affidavit,
|
||
|
Att: 4
Civil Cover Sheet
|
||