Case Details

CourtWestern District of Texas
Docket number3:13-cv-00175
Date case filed2013-05-24
Date case closed2014-11-21
Date of latest filing
Assigned toJudge David C Guaderrama
Case cause28:1332 Diversity-Petition for Removal
Nature of suit350 Motor Vehicle
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Ricardo Magallanes
Party type: Plaintiff
Attorney name: Louis E. Lopez , Jr.
Attorney Contact:
Attorney at Law
416 N. Stanton Fourth Floor
Suite 400
El Paso, TX 79901
(915) 543-9800
Fax: (915) 543-9804
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Raul Magallanes
Attorney Contact:
The Law Office of Raul Magallanes, PLLC
P.O. Box 1213
Friendswood, TX 77549
281-317-1397
Fax: 281-271-8085
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ford Motor Company
Party type: Defendant
Attorney name: Cori Ann Harbour-Valdez
Attorney Contact:
The Harbour Law Firm, P.C.
P.O. Box 13268
El Paso, TX 79913
915-544-7600
Fax: (915) 975-8036
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael W. Eady
Attorney Contact:
Thompson Coe Cousins & Irons, LLP
Austin Centre
701 Brazos, Suite 1500
Austin, TX 78701
(512)708-8200
Fax: (512)708-8777
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William L. Mennucci
Attorney Contact:
Thompson, Coe, Cousins & Irons LLP
701 Brazos Ave.
Suite 1500
Austin, TX 78701-4043
(512) 708-8200
Fax: 512/708-8777
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Park Cities Ford
Party type: Responsible 3rd Party
Party: Jose E. Sorto
Party type: Responsible 3rd Party
d/b/a G.I.G. Services
Party: El Candado Locksmith & Tow, Inc.
Party type: Responsible 3rd Party
Party: Jesus Chavez
Party type: Responsible 3rd Party
also known asJesse Chavez
also known asCarlos Alberto Gomez

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-05-24 NOTICE OF REMOVAL (Filing fee $400 receipt number 0000), filed by Ford Motor Company. (Attachments: # 1 Certificate of Notice of Removal, # 2 Civil Cover Sheet, # 3 Supplemental Civil Cover Sheet)(da) (Entered: 05/30/2013)
1.1 Exhibit Certificate of Notice of Removal
1.2 Civil Cover Sheet
1.3 Civil Cover Sheet
22013-05-31 NOTICE of Preservation of Electronic Documents by Ricardo Magallanes (Magallanes, Raul) (Entered: 05/31/2013)
32013-06-02 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants amending, filed by Ricardo Magallanes.(Magallanes, Raul) (Entered: 06/02/2013)
42013-06-17 ANSWER to 3 Amended Complaint Statement of Affirmative Defenses, and Reliance of Prior Jury Demand by Ford Motor Company.(Mennucci, William) (Entered: 06/17/2013)
52013-06-17 NOTICE Defendant Ford Motor Company's Corporate Disclosure Statement by Ford Motor Company (Mennucci, William) (Entered: 06/17/2013)
62013-06-18 ORDER REQUIRING Parties to File a Proposed Scheduling Order for the Court's Consideration by 7/19/13. Signed by Judge David C Guaderrama. (mc4) (Entered: 06/18/2013)
72013-06-18 ORDER TO RETAIN Local Counsel no later than 8/16/13. Signed by Judge David C Guaderrama. (mc4) (Entered: 06/19/2013)
82013-07-01 STATUS REPORT Joint Report on Rule 26(f) Conference and Discovery Plan by Ford Motor Company. (Attachments: # 1 Exhibit 1)(Mennucci, William) (Entered: 07/01/2013)
92013-07-01 MOTION for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claim by Ford Motor Company. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Mennucci, William) (Entered: 07/01/2013)
102013-07-07 Response in Opposition to Motion, filed by Ricardo Magallanes, re 9 MOTION for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claim filed by Defendant Ford Motor Company (Attachments: # 1 Proposed Order)(Magallanes, Raul) (Entered: 07/07/2013)
112013-07-10 REPLY to Response to Motion, filed by Ford Motor Company, re 9 MOTION for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claim filed by Defendant Ford Motor Company (Mennucci, William) (Entered: 07/10/2013)
122013-07-10 Memorandum in Opposition to Motion, filed by Ricardo Magallanes, re 9 MOTION for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claim filed by Defendant Ford Motor Company (Attachments: # 1 Proposed Order)(Magallanes, Raul) (Entered: 07/10/2013)
132013-07-12 REPLY to Response to Motion, filed by Ford Motor Company, re 9 MOTION for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claim filed by Defendant Ford Motor Company (Mennucci, William) (Entered: 07/12/2013)
142013-07-19 ORDER DENYING 9 Motion for Judgment on the Pleadings on Plaintiff's Exemplary Damages Claims Signed by Judge David C Guaderrama. (mc4) (Entered: 07/19/2013)
152013-07-19 SCHEDULING ORDER: Jury Selection set for 7/14/2014 09:00AM before Judge David C Guaderrama, Jury Trial set for 7/14/2014 09:00 AM before Judge David C Guaderrama, Amended Pleadings due by 9/19/2013, Discovery due by 1/21/2014, Joinder of Parties due by 9/19/2013, Dispositive Motions due by 2/19/2014,. Signed by Judge David C Guaderrama. (mc4) (Entered: 07/19/2013)
162013-08-02 NOTICE of Attorney Appearance by William L. Mennucci on behalf of Ford Motor Company (Mennucci, William) (Entered: 08/02/2013)
172013-08-02 NOTICE of Initial Disclosure Statement by Ford Motor Company (Mennucci, William) (Entered: 08/02/2013)
182013-08-02 NOTICE of Initial Disclosure Statement by Ricardo Magallanes (Magallanes, Raul) (Entered: 08/02/2013)
192013-08-05 ADR Report Filed - Local Rule CV-88 by Ricardo Magallanes(Magallanes, Raul) (Entered: 08/05/2013)
202013-08-07 NOTICE of Filing First Req. for Production by Ricardo Magallanes (Magallanes, Raul) (Entered: 08/07/2013)
212013-08-14 NOTICE of Discovery by Ford Motor Company (Mennucci, William) (Entered: 08/14/2013)
222013-08-17 NOTICE Plaintiff's Offer of Settlement by Ricardo Magallanes (Magallanes, Raul) (Entered: 08/17/2013)
232013-08-19 STATUS REPORT on Alternative Dispute Resolution by Ford Motor Company. (Mennucci, William) (Entered: 08/19/2013)
242013-08-25 NOTICE of Filing Interrogatories 1-14 by Ricardo Magallanes (Magallanes, Raul) (Entered: 08/25/2013)
252013-09-03 NOTICE of Response to Plaintiff's Offer of Settlement by Ford Motor Company (Mennucci, William) (Entered: 09/03/2013)
262013-09-09 NOTICE of Discovery by Ford Motor Company (Mennucci, William) (Entered: 09/09/2013)
272013-09-10 AMENDED COMPLAINT Ricardo Magallanes against Ford Motor Company amending, filed by Ricardo Magallanes.(Magallanes, Raul) (Entered: 09/10/2013)
282013-09-13 NOTICE of Filing Notice of Filing Pl Answ to 1st Req for Prod and Interrogatories by Ricardo Magallanes (Magallanes, Raul) (Entered: 09/13/2013)
292013-09-16 Unopposed MOTION for Leave to File To Designate Responsible Third Parties by Ford Motor Company. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Mennucci, William) (Entered: 09/16/2013)
302013-09-24 Unopposed MOTION for Protective Order by Ford Motor Company. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Mennucci, William) (Entered: 09/24/2013)
322013-09-25 AMENDED ANSWER to Plaintiff's Second Amended Complaint, Statement of Affirmative Defenses, and Reliance on Prior Jury Demand by Ford Motor Company. (Mennucci, William) (Entered: 09/25/2013)
332013-09-27 ORDER GRANTING 29 Defendant's Unopposed Motion for Leave to Designate Responsible Third Parties Signed by Judge David C Guaderrama. (mc4) (Entered: 09/30/2013)
342013-09-30 ORDER GRANTING 30 Motion for Protective Order Signed by Judge David C Guaderrama. (Attachments: # 1 Exhibit 1- Agreed Protective Order) (mc4) (Entered: 09/30/2013)
352013-10-04 NOTICE of Discovery by Ricardo Magallanes (Magallanes, Raul) (Entered: 10/04/2013)
362013-10-08 NOTICE of Discovery by Ricardo Magallanes (Magallanes, Raul) (Entered: 10/08/2013)
372013-10-25 Unopposed MOTION to Continue by Ford Motor Company. (Attachments: # 1 Order Granting Unopposed Motion for Continuance, # 2 Amended Scheduling Order)(Mennucci, William) (Entered: 10/25/2013)
382013-10-29 ORDER GRANTING 37 Unopposed MOTION to Continue AND FOR ENTRY OF AMENDED SCHEDULING ORDER filed by Ford Motor Company, Jury Selection set for 12/15/2014 09:00AM before Judge David C Guaderrama, Jury Trial set for 12/15/2014 09:00 AM before Judge David C Guaderrama, Discovery due by 7/18/2014, Dispositive Motions due by 8/15/2014. Signed by Judge David C Guaderrama. (mc4) (Entered: 10/30/2013)
392014-01-09 ****DOCUMENT DEFICIENT ***NOTICE First Request for Admissions by Ricardo Magallanes (Magallanes, Raul) Modified on 1/9/2014 (mc4). (Entered: 01/09/2014)
402014-01-09 DEFICIENCY NOTICE: Document 39 (NOTICE) is DEFICIENT as to the following: No certificate of service was included and pleading not signed with /s/Name or digital signature(mc4) Modified on 1/9/2014 (mc4). (Entered: 01/09/2014)
412014-01-09 NOTICE First Request for Admissions by Ricardo Magallanes (Magallanes, Raul) (Entered: 01/09/2014)
422014-02-27 NOTICE Third req for production; third set of interrogatories; second req for admissions by Ricardo Magallanes (Magallanes, Raul) (Entered: 02/27/2014)
432014-03-27 NOTICE of First Supplemental Initial Disclosure Statement by Ford Motor Company (Mennucci, William) (Entered: 03/27/2014)
442014-04-02 NOTICE of Discovery by Ford Motor Company (Mennucci, William) (Entered: 04/02/2014)
452014-04-10 NOTICE of Expert Designation by Ricardo Magallanes (Magallanes, Raul) (Entered: 04/10/2014)
462014-04-14 Unopposed MOTION for Leave to Depose Jesus Chavez by Ford Motor Company. (Attachments: # 1 Proposed Order)(Mennucci, William) (Entered: 04/14/2014)
472014-04-15 ORDER GRANTING 46 Defendant Ford Motor Company's Unopposed Rule 30(a)(B) Motion for Leave to depose Jesus Chavez Signed by Judge David C Guaderrama. (mc4) (Entered: 04/15/2014)
482014-04-23 NOTICE of Discovery by Ford Motor Company (Mennucci, William) (Entered: 04/23/2014)
492014-05-24 NOTICE Deposition Notice by Ricardo Magallanes (Magallanes, Raul) (Entered: 05/24/2014)
502014-05-25 NOTICE of Response to Discovery by Ricardo Magallanes (Magallanes, Raul) (Entered: 05/25/2014)
512014-05-27 NOTICE of Attorney Appearance by Michael W. Eady on behalf of Ford Motor Company (Eady, Michael) (Entered: 05/27/2014)
522014-06-09 MOTION for Reconsideration of Defendant's Rule 30(a)(2(B) motion for leave to depose Jesus Chavez by Ricardo Magallanes. (Attachments: # 1 Proposed Order)(Magallanes, Raul) (Entered: 06/09/2014)
532014-06-12 Response in Opposition to Motion, filed by Ford Motor Company, re 52 MOTION for Reconsideration of Defendant's Rule 30(a)(2(B) motion for leave to depose Jesus Chavez filed by Plaintiff Ricardo Magallanes (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Mennucci, William) (Entered: 06/12/2014)
542014-06-16 REPLY to Response to Motion, filed by Ricardo Magallanes, re 52 MOTION for Reconsideration of Defendant's Rule 30(a)(2(B) motion for leave to depose Jesus Chavez filed by Plaintiff Ricardo Magallanes (Magallanes, Raul) (Entered: 06/16/2014)
552014-06-19 ORDER DENYING 52 Motion for Reconsideration Signed by Judge David C Guaderrama. (mc4) (Entered: 06/19/2014)
562014-07-02 NOTICE First Amended Notice of Intetion to Depose Jerry Fleming by Ricardo Magallanes (Magallanes, Raul) (Entered: 07/02/2014)
572014-07-03 NOTICE of Filing Defendant Ford Motor Company's Expert Designations by Ford Motor Company (Mennucci, William) (Entered: 07/03/2014)
582014-07-15 MOTION to Exclude Partial Testimony of Ford's Expert by Ricardo Magallanes. (Magallanes, Raul) (Entered: 07/15/2014)
592014-07-22 Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Objections to Parts of the Proposed Testimony of Dr. Bruce Jacobs, Jose Sorto, and FBI Agent Daniel Cark by Ford Motor Company. (Attachments: # 1 Proposed Order)(Mennucci, William) (Entered: 07/22/2014)
602014-07-28 NOTICE of Plaintiff's Response to Ford's First Request for Admissions by Ricardo Magallanes (Magallanes, Raul) (Entered: 07/28/2014)
612014-08-14 RESPONSE to Motion, filed by Ford Motor Company, re 58 MOTION to Exclude Partial Testimony of Ford's Expert filed by Plaintiff Ricardo Magallanes (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Mennucci, William) (Entered: 08/14/2014)
622014-08-15 MOTION for Partial Summary Judgment on Exemplary Damages by Ford Motor Company. (Attachments: # 1 Appendix, # 2 Exhibit A - 2d Amd Complt, # 3 Exhibit B - Clark's Dep, # 4 Exhibit C - Criminal Compl with Clark's Aff, # 5 Exhibit D - Magallanes's Dep, # 6 Exhibit E - Order Denying Mot for Judgment)(Mennucci, William) (Entered: 08/15/2014)
632014-08-15 MOTION for Partial Summary Judgment Based on Limitations by Ford Motor Company. (Attachments: # 1 Appendix, # 2 Exhibit A - 2d Amd Complt, # 3 Exhibit B - Clark's Dep, # 4 Exhibit C - Criminal Complt and Clark's Aff, # 5 Exhibit D - Magallanes's Dep, # 6 Exhibit E - Feb 10 2012 Ltr, # 7 Exhibit F - Interrogatory Excerpt)(Mennucci, William) (Entered: 08/15/2014)
642014-08-15 MOTION for Partial Summary Judgment on Plaintiff's Fraud Claims by Ford Motor Company. (Attachments: # 1 Appendix, # 2 Exhibit A - 2d Amd Complt, # 3 Exhibit B - Magallanes' Dep, # 4 Exhibit C - Criminal Complt with Clark Aff, # 5 Exhibit D - Clark's Dep, # 6 Exhibit E - Key Code Agreement)(Mennucci, William) (Entered: 08/15/2014)
652014-08-15 MOTION for Partial Summary Judgment Based on the Defenses of No Duty and Lack of Proximate Cause by Ford Motor Company. (Attachments: # 1 Appendix, # 2 Exhibit A - 2d Amd Complt, # 3 Exhibit B- Clark's Dep, # 4 Exhibit C - Criminal Complt and Clark's Aff, # 5 Exhibit D - Magallanes's Dep, # 6 Exhibit E - Ford's Keey Code Agreement, # 7 Exhibit F - Machuca's Dep, # 8 Exhibit G - Sorto's Dep)(Mennucci, William) (Entered: 08/15/2014)
662014-08-20 MOTION for Extension of Time to File Response/Reply to Ford's Motions by Ricardo Magallanes. (Magallanes, Raul) (Entered: 08/20/2014)
672014-08-21 ORDER GRANTING 66 Motion for Extension of Time to File Response/Reply. FURTHER DIRECTIVES WITHIN ORDER. Signed by Judge David C Guaderrama. (mc4) (Entered: 08/21/2014)
682014-08-28 REPLY to Response to Motion, filed by Ricardo Magallanes, re 58 MOTION to Exclude Partial Testimony of Ford's Expert filed by Plaintiff Ricardo Magallanes (Magallanes, Raul) (Entered: 08/28/2014)
692014-09-12 RESPONSE to Motion, filed by Ricardo Magallanes, re 65 MOTION for Partial Summary Judgment Based on the Defenses of No Duty and Lack of Proximate Cause filed by Defendant Ford Motor Company (Attachments: # 1 Appendix Appendix, # 2 Exhibit Exhibit A - Deposition of Jerry Flemming, # 3 Exhibit Exhibit B - Deposition of Agent Clark, # 4 Exhibit Exhibit C - Agent Clark Affidavit, # 5 Exhibit Exhibit D - Ford initial disclosures, # 6 Exhibit Exhibit E - Deposition of Jose Sorto, # 7 Exhibit Exhibit F - Deposition of Antonio Machuca, # 8 Exhibit Exhibit G - Ford admissions, # 9 Exhibit Exhibit H - Park Cities invoice, # 10 Exhibit Exhibit I - Monthly key code downloads by Park Cities, # 11 Exhibit Exhibit J - Ford 2010 10K Report, # 12 Exhibit Exhibit K - Ford responses to interrogatories and production, # 13 Exhibit Ehibit L - Park Cities interrogatory responses, # 14 Exhibit Ehibit M - 2007 Ford Focus Owner's Guide, # 15 Exhibit Echibit N - Plaintiff deposition, # 16 Exhibit Exhibit O - Plaintiff Affidavit, # 17 Exhibit Exhibit P - Ford 2008 Key Code Policy)(Magallanes, Raul) (Entered: 09/12/2014)
702014-09-12 Response in Opposition to Motion, filed by Ricardo Magallanes, re 63 MOTION for Partial Summary Judgment Based on Limitations filed by Defendant Ford Motor Company (Attachments: # 1 Appendix Appendix, # 2 Exhibit Exhibit A - Agent Clark Affidavit, # 3 Exhibit Exhibit B - Letter to Ford, # 4 Exhibit Exhibit C - Plaintiff Deposition, # 5 Exhibit Exhibit D - Plaintiff Affidavit, # 6 Exhibit Exhibit E - Deposition of Jerry Flemming, # 7 Exhibit Exhibit F - Deposition of Agent Clark, # 8 Exhibit Exhibit G - Ford interrogatory responses, # 9 Exhibit Exhibit H - Ford admissions, # 10 Exhibit Exhibit I - Park Cities' interrogatory responses, # 11 Exhibit Exhibit J - Ford key code terms of agreement)(Magallanes, Raul) (Entered: 09/12/2014)
712014-09-22 REPLY to Response to Motion, filed by Ford Motor Company, re 63 MOTION for Partial Summary Judgment Based on Limitations filed by Defendant Ford Motor Company (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mennucci, William) (Entered: 09/22/2014)
722014-09-22 REPLY to Response to Motion, filed by Ford Motor Company, re 65 MOTION for Partial Summary Judgment Based on the Defenses of No Duty and Lack of Proximate Cause filed by Defendant Ford Motor Company (Attachments: # 1 Exhibit A)(Mennucci, William) (Entered: 09/22/2014)
732014-10-01 Notice of Alternative Dispute Resolution/Mediation Outcome: Settled during ADR/Mediation. (Attachments: # 1 Exhibit A)(Mennucci, William) (Entered: 10/01/2014)
742014-11-20 Agreed MOTION to Dismiss by Ford Motor Company. (Attachments: # 1 Proposed Order)(Mennucci, William) (Entered: 11/20/2014)
752014-11-21 ORDER ACCEPTING 74 Joint Motion to Dismiss filed by Plaintiff and Defendant. Signed by Judge David C Guaderrama. (mc4) (Entered: 11/21/2014)