Mendoza v. General Motors LLC et al

Filing 92

ORDER Re Stipulation to Withdraw Plaintiff's "Motion for Reconsideration of Order Granting Defendant's Motion for Additional Inspection of the Subject Vehicle" 91 , signed by Magistrate Judge Jennifer L. Thurston on 4/27/2018: The hearing presently scheduled for May 7, 2018 at 9:30 a.m. pertaining to plaintiffs Motion to Reconsider is vacated. (Hellings, J)

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Stephanie L. Chilton (SBN 150473)
Thomas M. Klein Admitted (Pro Hac Vice)
BOWMAN AND BROOKE LLP
2901 North Central Avenue, Suite 1600
Phoenix, Arizona 85012
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant General Motors LLC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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Miriam Michelle Mendoza,

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Plaintiff,
vs.
General Motors LLC, General Motors
Corporation, Chevrolet Division of General
Motors, Motors Liquidation Company, and
Does 1 to 15,
Defendants.

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Case No. 1:16-cv-00967-LJO-JLT
[PROPOSED] ORDER RE
STIPULATION TO WITHDRAW
PLAINTIFF’S “MOTION FOR
RECONSIDERATION OF ORDER
GRANTING DEFENDANT’S
MOTION FOR ADDITIONAL
INSPECTION OF THE SUBJECT
VEHICLE”
(Doc. 91)

Having considered the parties’ Stipulation to Withdraw Plaintiff’s Motion for
Reconsideration of Order Granting Defendant’s Motion for Additional Inspection of the

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Subject Vehicle;
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Good cause appearing, the Court ORDERS the parties’ Stipulation is hereby granted

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as follows:
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(1)
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Subject to the terms set forth below, plaintiff’s “Motion for Reconsideration

of Order Granting Defendant’s Motion for Additional Inspection of the Subject Vehicle”

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(Doc. 84) filed on or about April 9, 2018 is deemed withdrawn.
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(2)

Pursuant to this Court’s April 3, 2018 Order, the parties will exchange

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supplemental reports, limited to detailing the additional opinions or information gathered
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from the April 24, 2018 re-inspection, on or before May 8, 2018. The parties will exchange
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the supplemental reports via email, together with any materials related to the supplemental
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report. To the extent some of the materials are too large to send via email, they will be

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provided on an electronic medium, such as a thumb drive, and will be sent no later than

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May 8, 2018 for next-day delivery.

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(3)

General Motors LLC (GM LLC) agrees that based on the work its experts did

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on April 24, 2018, and based on the opinions disclosed to date by plaintiff’s experts,

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including rebuttal opinions, that it is not necessary to do anything destructive to the vehicle

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(such as removing part or all of the third row seat).

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(4)

The hearing presently scheduled for May 7, 2018 at 9:30 a.m. pertaining to

plaintiff’s Motion to Reconsider is vacated.

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IT IS SO ORDERED.
Dated:

April 27, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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