Jackson v. Ford Motor Co.

Filing 44

STIPULATION AND ORDER signed by District Judge Daniel J. Calabretta on 1/17/2025 GRANTING the parties' 43 Stipulation to Modify the Briefing Schedule re Defendant's 37 Motion to Dismiss; ORDERING Plaintiffs to file their response to Def endant's motion by 2/14/2025; ORDERING Defendant to file its reply, if any, by 3/14/2025; VACATING the motion hearing set for 3/20/2025; and RESETTING the matter for hearing on 4/3/2025 at 1:30 PM in Courtroom 7 before District Judge Daniel J. Calabretta. (Deputy Clerk GJM)

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1 2 3 4 5 6 7 8 9 10 11 12 13 Cody R. Padgett (SBN 275553) cody.padgett@capstonelawyers.com Nathan N. Kiyam (SBN 317677) nate.kiyam@capstonelawyers.com CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, California 90067 Telephone: (310) 556-4811 Attorneys for Plaintiffs KENNETH HUNNEL and LEANNE HUNNEL Amir Nassihi (SBN 235936) anassihi@shb.com SHOOK HARDY & BACON L.L.P. 555 Mission Street, Suite 2300 San Francisco, CA 94105 Telephone: 415.544.1900 Facsimile: 415.391.0281 Attorneys for Defendant FORD MOTOR COMPANY 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 KENNETH HUNNEL, LEANNE HUNNEL, Individually and on behalf of all others similarly situated, 19 20 21 22 Plaintiffs, v. Case No.: 2:24-cv-00423-DJC-DB JOINT STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE ON DEFENDANT’S MOTION TO DISMISS FORD MOTOR COMPANY, Defendant. 23 24 25 26 27 28 STIPULATION AND ORDER CASE NO. 2:24-CV-00423-DJC-AB 1 Plaintiffs KENNETH HUNNEL AND LEANNE HUNNEL (“Plaintiffs”) and Defendant 2 FORD MOTOR COMPANY (“Defendant” or “Ford”), collectively referred to as the “Parties,” by 3 and through their respective counsel, have met and conferred regarding the briefing schedule 4 (“Schedule”) as extended on Defendant’s motion to dismiss Plaintiff’s First Amended Class Action 5 Complaint (“FAC”), and subject to Court approval and having agreed to further extend the Schedule, 6 hereby stipulate as follows: 7 1. On February 7, 2024, Plaintiff filed the original complaint (Dkt. 1); and 8 2. On April 18, 2024, the Court granted Defendant’s L.R. 28-day extension to respond to June 9 3, 2024 (Dkt. 15); and 10 3. On May 24, 2024, and pursuant to the Parties’ Joint Status Report (Dkt. 16), the Court granted 11 the Parties’ stipulation for Plaintiff to file an amended complaint on July 3, 2024 and for 12 Defendant to respond on August 23, 2024 (Dkt. 19); and 13 4. On July 3, 2024, the FAC was filed (Dkt. 28) which added new plaintiffs; and 14 5. On September 13, 2024, Defendant filed a Motion to Dismiss (Dkt. 32); and 15 6. On October 29, 2024, the Court permitted Defendant to withdraw its Motion to Dismiss 16 without prejudice as to re-filing by November 25, 2024 while the Parties continued to meet 17 and confer regarding their efforts to reach a resolution (Dkt. 36); and 18 19 7. On November 25, 2024, Defendant filed the currently pending Motion to Dismiss and noticed it for hearing on March 20, 2025 (Dkt. 37); and 20 8. Plaintiffs’ response to the pending Motion to Dismiss was extended by stipulation and court 21 order to January 17, 2025 (Dkt. 40), and Defendant’s reply was extended by stipulation and 22 court order to February 19, 2025 (Dkt. 40); and 23 24 9. On December 13, 2024, Plaintiff Stephen Jackson filed his Notice of Voluntary Dismissal Without Prejudice (Dkt. 41); and 25 10. In light of the recent changes to the case and such other discussions between the Parties, the 26 Parties have conferred and have agreed to further extend the deadlines to the pending Motion 27 to Dismiss as follows: Plaintiffs shall be permitted to file their response to the pending Motion 28 2 STIPULATION AND ORDER CASE NO. 2:24-CV-00423-DJC-AB 1 to Dismiss on or before February 14, 2025, and Defendant shall be permitted to file its reply 2 on or before March 14, 2025. 3 IT IS SO STIPULATED AND AGREED. 4 5 Dated: January 16, 2025 CAPSTONE LAW APC 6 /s/ Nathan N. Kiyam Cody R. Padgett Nathan N. Kiyam 7 8 Attorneys for Plaintiffs 9 10 11 12 13 14 Dated: January 16, 2025 SHOOK, HARDY & BACON L.L.P. /s/ Amir Nassihi (as authorized on 1/15/2025) AMIR NASSIHI Attorneys for Defendant FORD MOTOR COMPANY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER CASE NO. 2:24-CV-00423-DJC-AB ATTESTATION OF SIGNATURE 1 2 3 Pursuant to Civil L.R. 131(e), the undersigned hereby attests that concurrence in the filing of this document has been obtained from all signatories hereto. 4 5 6 Dated: January 16, 2025 /s/ Nathan N. Kiyam 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND ORDER CASE NO. 2:24-CV-00423-DJC-AB 1 2 ORDER The parties’ above-referenced stipulation is hereby GRANTED. Plaintiffs shall file their 3 response to the pending Motion to Dismiss on or before February 14, 2025, and Defendant shall file 4 its reply on or before March 14, 2025. Further, the Court VACATES the hearing on Defendant’s 5 Motion to Dismiss, set for March 20, 2025, and RESETS the matter for hearing on April 3, 2025, at 6 1:30 PM in Courtroom 7 before District Judge Daniel J. Calabretta. 7 IT IS SO ORDERED. 8 9 10 Dated: January 17, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION AND ORDER CASE NO. 2:24-CV-00423-DJC-AB

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