Villegas, et al. v. Ford Motor Company

Filing 33

ORDER DISCHARGING ORDER TO SHOW CAUSE AND EXTENDING TIME TO FILE DISPOSITIONAL DOCUMENTS, signed by Magistrate Judge Stanley A. Boone on 10/19/2023. IT IS HEREBY ORDERED that the order to show cause issued on October 12, 2023, (ECF No. #30 ), is DISCHARGED. The parties shall file dispositional documents on or before November 10, 2023. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER NAVARRO VILLEGAS, et al.,

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Plaintiffs,

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v.

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FORD MOTOR COMPANY,

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Defendant.

Case No. 1:22-cv-01628-ADA-SAB
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND EXTENDING TIME TO FILE
DISPOSITIONAL DOCUMENTS
(ECF Nos. 28, 29, 30, 31, 32)
DEADLINE: NOVEMBER 10, 2023

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On September 20, 2023, the parties filed a notice of settlement of this action. (ECF No.

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28.) Upon such notification of . . . resolution of an action . . . the Court shall fix a date upon

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which the documents disposing of the action or motion must be filed, which date shall not be

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more than twenty-one (21) days from the date of said notification, absent good cause.” L.R.

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160(b).

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dispositional documents for October 11, 2023. (Id.) The deadline to file dispositional documents

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expired, and on October 12, 2023, the Court issued an order to show cause why sanctions should

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not be imposed for the failure to file dispositional documents by the deadline to do so. (ECF No.

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30.)

The Court’s order issued September 21, 2023, expressly set the deadline to file

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On October 18, 2023, Eric D. Sentlinger, attorney for Defendant Ford Motor Company,

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filed a declaration in response to the Court’s order. (ECF No. 31.) Defendant’s counsel indicates

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Defendant received the documents required to complete the surrender of the vehicle on
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September 26, 2023. (ECF No. 31 at 3.) Defendant’s counsel further states that, in practice, the

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surrender of the vehicle will occur within 45 days of acceptance of the documents.

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Defendant’s counsel apologizes for the delay in obtaining the dispositional documents and states

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the surrender is anticipated to take place on or about November 10, 2023. (Id.)

(Id.)

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On October 18, 2023, Maite Colon, attorney for Plaintiffs Javier Navarro Villegas and

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Luis Navarro, filed a declaration in response to the Court’s order, which generally mirrors

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Defendant’s counsel’s declaration regarding the timeline required to surrender the vehicle. (ECF

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No. 32.) Notably, Plaintiffs’ counsel also represents that her office forwarded a fee demand to

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Defendant for attorneys’ fees, and Plaintiffs expect a response on or by October 23, 2023 as to

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whether there is an agreement or whether a motion for attorneys’ fees will be required. (ECF No.

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32 at 2.) Plaintiffs’ counsel apologizes for missing the deadline to file dispositional documents

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and states it was an inadvertent error. (Id. at 2.) Plaintiffs’ counsel requests that the deadline to

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file dispositional documents be continued to November 10, 2023 to allow time for completion of

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the settlement terms and for attorneys’ fees to be resolved by either agreement or motion. (Id. at

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3.) While the Court generally does not keep a case open for performance under a settlement

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agreement, given the potential dispute of attorney’s fees and the representations by the parties, the

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Court finds good cause to discharge the order to show cause and grant the requested extension of

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time.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The order to show cause issued on October 12, 2023, (ECF No. 30), is
DISCHARGED; and

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2.

The parties shall file dispositional documents on or before November 10, 2023.

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IT IS SO ORDERED.
Dated:

October 19, 2023
UNITED STATES MAGISTRATE JUDGE

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