Preston v. American Honda Motor Company, Inc.
| Illinois Northern District Court | |
| Judge: | Elaine E Bucklo |
| Case #: | 1:22-cv-01777 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 15:2301 Magnuson-Moss Warranty Act |
| Case Filed: | Apr 06, 2022 |
| Case in other court: | California Central, 2:18-cv-00038 |
| Last checked: Tuesday Oct 04, 2022 4:27 AM CDT |
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Defendant
American Honda Motor Company, Inc.
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Represented By
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Plaintiff
Michael Preston
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Represented By
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Plaintiff
Penelope Turgeon
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Represented By
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| Docket last updated: 04/06/2022 3:40 PM CDT |
| Thursday, May 11, 2017 | ||
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Young B. Kim. (meg, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.] | ||
| SUMMONS Issued as to Defendant American Honda Motor Company, Inc. (pg, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.] | ||
| 1 | 1
COMPLAINT filed by Michael Preston; Jury Demand. Filing fee $ 400, receipt number 0752-13165958.(Smith, Larry) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 2 | 2
CIVIL Cover Sheet (Smith, Larry) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 3 | 3
ATTORNEY Appearance for Plaintiff Michael Preston by Larry Paul Smith (Smith, Larry) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 4 | 4
ATTORNEY Appearance for Plaintiff Michael Preston by David M. Marco (Marco, David) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 5 | 5
ATTORNEY Appearance for Plaintiff Michael Preston by Stacy Michelle Bardo (Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Thursday, June 15, 2017 | ||
| 6 | 6
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13280804. (Campbell, Mark) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 7 | 7
ATTORNEY Appearance for Defendant American Honda Motor Company, Inc. by Michael L. Mallow (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 8 | 8
ATTORNEY Appearance for Defendant American Honda Motor Company, Inc. by Livia McCammon Kiser (Kiser, Livia) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 9 | 9
ATTORNEY Appearance for Defendant American Honda Motor Company, Inc. by Mark D. Campbell (Campbell, Mark) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Friday, June 16, 2017 | ||
| 10 | 10
MINUTE entry before the Honorable Harry D. Leinenweber:Mark D. Campbell's Application to appear pro hac vice6 is granted.Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 11 | 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13285187. (Cho, Darlene) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 12 | 12
ATTORNEY Appearance for Defendant American Honda Motor Company, Inc. by Darlene M. Cho (Cho, Darlene) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 13 | 13
MOTION by Defendant American Honda Motor Company, Inc. to dismiss Pursuant to FRCP 8, 9(b), and 12(b)(6) and/or Motion to Transfer Action to the Central District of California Pursuant to 28 USC Sec. 1404(a) (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 14 | 14
24
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MEMORANDUM by American Honda Motor Company, Inc. in support of motion to dismiss13 and/or Motion to Transfer Action to the Central District of California(Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| 15 | 15
DECLARATION of Anthony Oborny regarding motion to dismiss13 and/or Motion to Transfer Action to the Central District of California (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 16 | 16
NOTICE of Motion by Michael L. Mallow for presentment of motion to dismiss13 before Honorable Harry D. Leinenweber on 6/21/2017 at 09:30 AM. (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Wednesday, June 21, 2017 | ||
| 17 | 17
MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 6/21/2017. Darlene M. Cho's motion to appear pro hac vice11 is granted. Plaintiff's response to defendant's motion to dismiss13 to be filed by 7/19/2017. Defendant's reply brief to be filed by 7/26/2017. The court will rule orally on 8/29/2018 at 09:00 AM. Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 18 | 18
MINUTE entry before the Honorable Harry D. Leinenweber: The court's oral ruling date of 8/29/2018 is corrected to be 8/29/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Wednesday, July 19, 2017 | ||
| 19 | 19
MOTION by Plaintiff Michael Preston for leave to file excess pages (Unopposed)(Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1 (Plaintiff's Response to Defendant's Motion to Dismiss and/or Transfer)
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| 20 | 20
NOTICE of Motion by Stacy Michelle Bardo for presentment of motion for leave to file excess pages19 before Honorable Harry D. Leinenweber on 7/25/2017 at 09:30 AM. (Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Tuesday, July 25, 2017 | ||
| 21 | 21
MINUTE entry before the Honorable Harry D. Leinenweber:Plaintiff's Motion for leave to file excess pages in response to defendant's motion to dismiss and or transfer19 is granted.Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 22 | 22
RESPONSE by Michael Prestonin Opposition to MOTION by Defendant American Honda Motor Company, Inc. to dismiss Pursuant to FRCP 8, 9(b), and 12(b)(6) and/or Motion to Transfer Action to the Central District of California Pursuant to 28 USC Sec. 1404(a) 13 (Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit A (Tsonev v. KIA Motors America, Inc. Order)
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| Wednesday, July 26, 2017 | ||
| 23 | 23
REPLY by American Honda Motor Company, Inc. to response in opposition to motion,22 , MOTION by Defendant American Honda Motor Company, Inc. to dismiss Pursuant to FRCP 8, 9(b), and 12(b)(6) and/or Motion to Transfer Action to the Central District of California Pursuant to 28 USC Sec. 1404(a) 13 (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Monday, August 28, 2017 | ||
| 24 | 24
MINUTE entry before the Honorable Harry D. Leinenweber:The Court's oral ruling date of 8/29/2017 is stricken. The Court will rule by mail.Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Thursday, November 02, 2017 | ||
| 25 | 25
MINUTE entry before the Honorable Harry D. Leinenweber:Defendant Hondas Motion to Transfer Venue [ECF No. 13]is granted and its Motion to Dismiss is denied as moot. Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 26 | 26
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MEMORANDUM OPINION AND ORDER: Defendant Honda's Motion to Transfer is granted and its Motion to Dismiss is denied as moot. This case is transferred to the Central District of California. Signed by the Honorable Harry D. Leinenweber on 11/2/2017:Civil case terminated.Mailed notice(wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Thursday, November 09, 2017 | ||
| 27 | 27
MOTION by Plaintiff Michael Preston for reconsideration regarding order on motion to dismiss,, memorandum opinion and order,, terminated case,26 (Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 28 | 28
NOTICE of Motion by Stacy Michelle Bardo for presentment of motion for reconsideration27 before Honorable Harry D. Leinenweber on 11/14/2017 at 09:30 AM. (Bardo, Stacy) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Monday, November 13, 2017 | ||
| 29 | 29
INTERNET Citation Note. Decision re order on motion to dismiss, memorandum opinion and order, terminated case,,,26 cited material from the internet. The cited material is attached. (Jurisdiction Map for the Central District of California)(Library, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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Att: 1
US District Court - National Judicial Caseload Profile
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| Tuesday, November 14, 2017 | ||
| 30 | 30
MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 11/14/2017. ; Defendant's response to the motion for reconsideration to be filed by 11/28/2017. Plaintiff's Motion for reconsideration27 is taken under advisement. The transfer of this case to the Central District of California is ordered stayed, until ruling on the motion for reconsideration. Darlene M. Cho's Application to appear pro hac vice11 is granted. Mailed notice (wp, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Tuesday, November 28, 2017 | ||
| 31 | 31
RESPONSE by American Honda Motor Company, Inc. to MOTION by Plaintiff Michael Preston for reconsideration regarding order on motion to dismiss,, memorandum opinion and order,, terminated case,26 27 (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 32 | 32
DECLARATION of Anthony Oborny regarding response to motion31 (Mallow, Michael) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Friday, December 29, 2017 | ||
| 33 | 33
ORDER: Plaintiff's motion to reconsider is denied27 . Enter order. The clerk shall transfer this case to the Central District of California forthwith. Signed by the Honorable Harry D. Leinenweber on 12/29/2017. Mailed notice (jk, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 34 | 34
ORDER: Before the Court is Plaintiff Michael Preston's Motion to Reconsider ECF No.27 . For the reasons stated herein, the Motion is denied. The stay on transfer of this case is hereby lifted. Signed by the Honorable Harry D. Leinenweber on 12/29/2017. Mailed notice (jk, ) Modified on 1/2/2018 (jk, ). [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| 35 | 35
TRANSFERRED to the Central District of California, the electronic record. (jk, ) [Transferred from Illinois Northern on 1/4/2018.] [Transferred from California Central on 4/6/2022.]
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| Thursday, January 04, 2018 | ||
| 36 | 36
ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern [Transferred from California Central on 4/6/2022.]
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| 37 | 37
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:17-cv-03549, from Northern District of Illinois. The above-referenced case has been transferred to this district and assigned the above civil case number 2:18-cv-00038 RGK (MRWx). (esa) [Transferred from California Central on 4/6/2022.]
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| 38 | 38
NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Michael R. Wilner. (esa) [Transferred from California Central on 4/6/2022.]
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| 39 | 39
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 4/6/2022.]
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| 40 | 40
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Larry P Smith. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) [Transferred from California Central on 4/6/2022.]
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| 41 | 41
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David M. Marco. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) [Transferred from California Central on 4/6/2022.]
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| 42 | 42
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stacy Michelle Bardo. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) [Transferred from California Central on 4/6/2022.]
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| Friday, January 05, 2018 | ||
| 43 | 43
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) [Transferred from California Central on 4/6/2022.]
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| 44 | 44 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's response to the complaint shall be filed on or before January 12, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from California Central on 4/6/2022.] | |
| 45 | 45
NOTICE of Related Case(s) filed by Defendant American Honda Motor Company Inc. Related Case(s): 2:17-cv-00204-FMO-AGR and 2:16-cv-00456-R-JC(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Wednesday, January 10, 2018 | ||
| 46 | 46
NOTICE of Appearance filed by attorney Stephanie R Tatar on behalf of Plaintiff Michael Preston (Attorney Stephanie R Tatar added to party Michael Preston(pty:pla))(Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| 47 | 47
APPLICATION of Non-Resident Attorney Stacy M. Bardo to Appear Pro Hac Vice on behalf of Plaintiff Michael Preston (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21079264) filed by Plaintiff Michael Preston. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit, # (2 ) Proposed Order
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| 48 | 48
APPLICATION of Non-Resident Attorney Larry P. Smith to Appear Pro Hac Vice on behalf of Plaintiff Michael Preston (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21079511) filed by Plaintiff Michael Preston. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit, # (2 ) Exhibit,
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Att: 3
Proposed Order
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| 49 | 49
RESPONSE filed by Pro Hac Vice attorney David M Marco on behalf of Plaintiff Michael Preston. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) [Transferred from California Central on 4/6/2022.]
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| 50 | 50
OBJECTIONS to Notice of Related Case(s)45 filed by Plaintiff Michael Preston. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| 51 | 51
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:16-cv-00456 R(JCx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Michael R. Wilner to Judge Manuel L. Real and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-00038 R(JCx). Signed by Judge Manuel L. Real (rn) [Transferred from California Central on 4/6/2022.]
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| Friday, January 12, 2018 | ||
| 52 | 52
NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant American Honda Motor Company Inc. Motion set for hearing on 3/5/2018 at 10:00 AM before Judge Manuel L. Real. (Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Memorandum of Points and Authorities in Support of Motion to Dismiss,
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Att: 2
Proposed Order
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| 53 | 53
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint 52 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1
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| Tuesday, January 30, 2018 | ||
| 54 | 54
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) [Transferred from California Central on 4/6/2022.]
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| Wednesday, January 31, 2018 | ||
| 55 | 55
NOTICE of Court Order Entered 1/30/18 and Proof of Service filed by Plaintiff Michael Preston. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| Monday, February 05, 2018 | ||
| 56 | 56
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint 52 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 4/6/2022.]
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| Monday, February 12, 2018 | ||
| 57 | 57
STIPULATION for Leave to File Amended Complaint filed by Plaintiff Michael Preston.(Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit,
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Att: 2
Proposed Order
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| Thursday, February 15, 2018 | ||
| 58 | 58
ORDER DENYING STIPULATION ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT57 by Judge Manuel L. Real. (gk) [Transferred from California Central on 4/6/2022.]
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| Monday, February 19, 2018 | ||
| 59 | 59
EX PARTE APPLICATION to To File First Amended Complaint filed by Plaintiff Michael Preston. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Memorandum,
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Att: 2
Exhibit,
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Att: 3
Declaration,
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Att: 4
Proposed Order
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| Thursday, February 22, 2018 | ||
| 60 | 60
ORDER ON PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT IN LIEU OF A RESPONSE TO DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 15 by Judge Manuel L. Real: IT IS HEREBY ORDERED that Plaintiff, Michael Preston, is granted leave to file his First Amended Complaint59 . Plaintiff shall electronically file the First Amended Complaint within three days following receipt of this Order. Honda's Motion to Dismiss52 is MOOTED by the filing of the Amended Complaint. Honda shall respond to the First Amended Complaint within 21 days from the filing of the First Amended Complaint. (gk) [Transferred from California Central on 4/6/2022.]
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| Sunday, February 25, 2018 | ||
| 61 | 61
First AMENDED COMPLAINT against Defendant American Honda Motor Company Inc amending Complaint - (Discovery)1 , filed by Plaintiff Michael Preston(Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| Monday, March 19, 2018 | ||
| 62 | 62
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6) filed by Defendant American Honda Motor Company Inc. Motion set for hearing on 4/16/2018 at 10:00 AM before Judge Manuel L. Real. (Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Proposed Order Granting Defendant's Motion to Dismiss First Amended Complaint
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| 63 | 63
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6) 62 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Thursday, March 22, 2018 | ||
| 65 | 65
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Stacy M. Bardo to Appear Pro Hac Vice on behalf of Plaintiff Michael Preston, on behalf of himself and all others similarly situated, designating Stephanie R. Tatar as local counsel47 . (gk) [Transferred from California Central on 4/6/2022.]
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| 66 | 66
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Larry P. Smith to Appear Pro Hac Vice on behalf of Plaintiff Michael Preston, designating Stephanie R. Tatar as local counsel48 . (gk) [Transferred from California Central on 4/6/2022.]
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| Monday, March 26, 2018 | ||
| 64 | 64
25
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MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6) 62 filed by Plaintiffs Michael Preston, Penelope Turgeon. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| Monday, April 02, 2018 | ||
| 67 | 67
REPLY IN FURTHER SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6) 62 filed by Defendant American Honda Motor Company Inc. (Cho, Darlene) [Transferred from California Central on 4/6/2022.]
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| Tuesday, April 03, 2018 | ||
| 68 | 68
NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Michael Preston, Penelope Turgeon. Motion set for hearing on 5/7/2018 at 10:00 AM before Judge Manuel L. Real. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Memorandum,
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Att: 2
Exhibit A: Declaration of Stacy M. Bardo,
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Att: 3
Exhibit B: Declaration of Larry P. Smith,
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Att: 4
Proposed Order
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| Tuesday, April 10, 2018 | ||
| 69 | 69 NOTICE TO PARTIES by U.S. Magistrate Judge Jacqueline Chooljian. Effective, April 11, 2018, Judge Chooljian will be located at the Edward R. Roybal Federal Building and U.S. Courthouse ("Roybal Building"), located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 750 on the 7th floor of the Roybal Building. All mandatory chambers copies shall be hand delivered to the judge's mail box located outside of the Clerk's Office on the 12th floor of the Roybal Building. Paper civil and criminal documents exempted from electronic filing shall be filed in Room 180 on the Terrace Level of the Roybal Building. Magistrate Judge Chooljian's Courtroom Deputy Clerk, Kerri Hays, may be reached at (213) 894-2921. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY [Transferred from California Central on 4/6/2022.] | |
| Thursday, April 12, 2018 | ||
| 70 | 70 TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendant American Honda Motor Company, Inc.'s Motion to Dismiss First Amended Complaint62 set for hearing on April 16, 2018 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of April 16, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY [Transferred from California Central on 4/6/2022.] | |
| Monday, April 16, 2018 | ||
| 71 | 71
OPPOSITION re: NOTICE OF MOTION AND MOTION to Certify Class 68 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit A to Defendant American Honda Motor Co., Inc.'s Opposition to Plaintiffs' Motion for Class Certification,
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Att: 2
Declaration of James Jongkind in Support of Opposition,
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Att: 3
Exhibit A to Jongkind Decl.,
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Att: 4
Exhibit B to Jongkind Decl.,
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Att: 5
Exhibit C to Jongkind Decl.
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| 72 | 72
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Certify Class 68 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 73 | 73
NOTICE OF ERRATA filed by Defendant American Honda Motor Company Inc. correcting Objection/Opposition (Motion related),71 (Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit 1 (Corrected Brief),
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Att: 2
Exhibit A to Opposition to Motion for Class Certification,
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Att: 3
Declaration of James Jongkind in Support of Opposition to Motion for Class Certification,
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Att: 4
Exhibit A to Declaration of James Jongkind,
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Att: 5
Exhibit B to Declaration of James Jongkind,
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Att: 6
Exhibit C to Declaration of James Jongkind
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| Monday, April 23, 2018 | ||
| 74 | 74
REPLY in Support of NOTICE OF MOTION AND MOTION to Certify Class 68 filed by Plaintiffs Michael Preston, Penelope Turgeon. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| 75 | 75
DECLARATION of Stacy M. Bardo in support of Reply to NOTICE OF MOTION AND MOTION to Certify Class 68 filed by Plaintiffs Michael Preston, Penelope Turgeon. (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| Thursday, May 03, 2018 | ||
| 76 | 76 TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Plaintiffs' Motion to Certify Class68 set for hearing on May 7, 2018 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of May 7, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY [Transferred from California Central on 4/6/2022.] | |
| Thursday, May 24, 2018 | ||
| 77 | 77
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT62 by Judge Manuel L. Real. See document for details. (MD JS-6. Case Terminated) (gk) [Transferred from California Central on 4/6/2022.]
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| Monday, June 25, 2018 | ||
| 78 | 78
NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by Plaintiffs Michael Preston, Penelope Turgeon. Appeal of Order on Motion to Dismiss77 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21983008.)(Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit
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| Friday, July 27, 2018 | ||
| 79 | 79
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56023 assigned to Notice of Appeal to Federal Circuit Court of Appeals78 as to Plaintiffs Michael Preston, Penelope Turgeon. (gk) [Transferred from California Central on 4/6/2022.]
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| Wednesday, August 07, 2019 | ||
| 80 | 80
3
pgs
MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals78 filed by Plaintiffs Michael Preston, Penelope Turgeon. CCA # 18-56023 The decision of the district court is affirmed in part, reversed in part, and remanded. Each side to bear its own costs. (gk) [Transferred from California Central on 4/6/2022.]
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| Thursday, August 29, 2019 | ||
| 81 | 81
MANDATE of Ninth Circuit Court of Appeals filed re: NOTICE OF APPEAL, CCA # 18-56023 The judgment of this Court, entered August 07, 2019, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. Each side to bear its own costs. [See USCA Memorandum80 AFFIRMED in part, REVERSED in part, and REMANDED.Each side to bear its own costs.] (mat) [Transferred from California Central on 4/6/2022.]
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| Wednesday, September 04, 2019 | ||
| 82 | 82
NOTICE OF REASSIGNMENT OF CASE upon Receipt of Mandate filed. This case having been returned on a mandate from the 9th CCA, Affirmed in part, Reversed in part and remanding the decision of Judge Manuel L. Real and requiring judicial action, this case has been reassigned to Judge Christina A. Snyder for all further proceedings. Case number will now read 2:18-cv-00038 CAS(JCx). (rn) [Transferred from California Central on 4/6/2022.]
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| Thursday, September 05, 2019 | ||
| 83 | 83
NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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| 84 | 84
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Virginia A. Phillips for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-00038 VAP(JCx). (rn) [Transferred from California Central on 4/6/2022.]
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| Monday, February 28, 2022 | ||
| 85 | 85
Joint STIPULATION for Order Setting Briefing Schedule and Hearing Date filed by Plaintiffs Michael Preston, Penelope Turgeon.(Bardo, Stacy) [Transferred from California Central on 4/6/2022.]
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Att: 1
Proposed Order
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| Tuesday, March 01, 2022 | ||
| 86 | 86
ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE RE: Plaintiffs Motion to Transfer Venue & Defendants Motion to Dismiss for Lack of Prosecution by Judge Virginia A. Phillips. IT IS HEREBY ORDERED that: (a) Plaintiffs shall file their Motion to Transfer and Defendant shall file its Motion to Dismiss on 3/7/2022;(b) Each party to file their respective oppositions on 3/21/2022; (c) Any replies to be filed on 3/28/2022. IT IS FURTHER ORDERED that the matter is set for hearing on 4/4/2022 at 2:00 p.m. (Pacific). SO ORDERED. (Made JS-5, Case reopened) (shb) [Transferred from California Central on 4/6/2022.]
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| Monday, March 07, 2022 | ||
| 87 | 87
NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division filed by Plaintiffs Michael Preston, Penelope Turgeon. Motion set for hearing on 4/4/2022 at 02:00 PM before Judge Virginia A. Phillips. (Bardo, Stacy) [Transferred from California Central on 4/6/2022.]
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Att: 1
Memorandum,
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Att: 2
Declaration of Pls' Attorney with Exs. A-E
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| 88 | 88
[STRICKEN] PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division 87 filed by Plaintiffs Michael Preston, Penelope Turgeon. (Tatar, Stephanie) Modified on 3/9/2022 (cch). [Transferred from California Central on 4/6/2022.]
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| 89 | 89
NOTICE OF MOTION AND MOTION to Dismiss Action for Failure to Prosecute Pursuant to Fed. R. Civ. P. 41(b) filed by Defendant American Honda Motor Company Inc. Motion set for hearing on 4/4/2022 at 02:00 PM before Judge Virginia A. Phillips. (Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Declaration of Darlene M. Cho,
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Att: 2
Proposed Order
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| Tuesday, March 08, 2022 | ||
| 90 | 90
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document88 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - Select - Notice of Lodging. Other error(s) with document(s): The proposed order can't be the main document, therefore, it will need to be lodged.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from California Central on 4/6/2022.]
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| Wednesday, March 09, 2022 | ||
| 91 | 91
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. The document is stricken. A proposed order cannot be filed. A proposed order can be properly lodged by filing a notice of lodging as the main document and uploading the proposed order as a separate attachment to the notice. (cch) [Transferred from California Central on 4/6/2022.]
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| Sunday, March 13, 2022 | ||
| 92 | 92
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division 87(Tatar, Stephanie) [Transferred from California Central on 4/6/2022.]
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Att: 1
Proposed Order
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| Monday, March 21, 2022 | ||
| 93 | 93
15
pgs
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Action for Failure to Prosecute Pursuant to Fed. R. Civ. P. 41(b) 89 filed by Plaintiffs Michael Preston, Penelope Turgeon.(Bardo, Stacy) [Transferred from California Central on 4/6/2022.]
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Att: 1
Declaration of Plaintiffs' Counsel with Exs. A-E
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| 94 | 94
Opposition re: NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division 87 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, March 28, 2022 | ||
| 95 | 95
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Action for Failure to Prosecute Pursuant to Fed. R. Civ. P. 41(b) 89 filed by Defendant American Honda Motor Company Inc.(Mallow, Michael) [Transferred from California Central on 4/6/2022.]
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Att: 1
Declaration of Darlene Cho,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D
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| 96 | 96
REPLY in support NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Illinois, Eastern Division 87 filed by Plaintiffs Michael Preston, Penelope Turgeon.(Bardo, Stacy) [Transferred from California Central on 4/6/2022.]
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Att: 1
Declaration of Plaintiffs' Counsel with Exs. A-D
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| 97 | 97
STIPULATION for Order to permit Plaintiffs' counsel to attend April 4, 2022 hearing via Zoom filed by Plaintiffs Michael Preston, Penelope Turgeon.(Bardo, Stacy) [Transferred from California Central on 4/6/2022.]
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Att: 1
Proposed Order
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| Thursday, March 31, 2022 | ||
| 98 | 98 SCHEDULING NOTICE AND ORDER (IN CHAMBERS) by Judge Virginia A. Phillips. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearings on Plaintiffs' Motion to Transfer Case to Northern District of Illinois, Eastern Division87 and Defendant's Motion to Dismiss Action for Failure to Prosecute89 scheduled for April 4, 2022, are hereby TAKEN OFF CALENDAR. No appearance will be necessary. These matters are appropriate for resolution without hearing pursuant to Fed. R. Civ. P. 78; L.R. 7-15, and will stand submitted on the papers timely filed. Accordingly, the parties' Stipulation to Permit Plaintiff's Counsel to Appear by Zoom97 is hereby moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY [Transferred from California Central on 4/6/2022.] | |
| Tuesday, April 05, 2022 | ||
| 99 | 99
ORDER GRANTING Motion to Transfer (Dkt. 87) by Judge Virginia A. Phillips: The Court therefore GRANTS Plaintiffs Motion to Transfer the case to the Northern District of Illinois, with the expectation that the case will be assigned to Judge Elaine E. Bucklo. The Court declines to rule on Defendants pending Motion to Dismiss. Case transferred to the Northern District of Illinois. MD JS-6. Case Terminated. (shb) [Transferred from California Central on 4/6/2022.]
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| Wednesday, April 06, 2022 | ||
| 100 | 100
RECEIVED from California Central; Case Number 2:18-cv-00038 (aee).
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| 101 | 101
Rule 83.15 Letter to all counsel of record. (aee, )
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