Nadia Kas v. Mercedes-Benz USA LLC
Plaintiff: Nadia Kas
Defendant: Mercedes-Benz USA LLC and Daimler, AG
Petitioner: Miller-DM, Inc.
Case Number: 2:2011cv01032
Filed: February 2, 2011
Court: US District Court for the Central District of California
Presiding Judge: George H King
Referring Judge: Patrick J Walsh
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 12, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2012 Filing 302 RESPONSE BY THE COURT to Notice to Filer of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Notice of withdrawal of Notice #296 . (ir)
June 12, 2012 Filing 301 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed. Record shall reflect in the docket text that it is by way of Stipulation and not Notice. Case shall be terminated and all pending motions RE: Stipulated Dismissal #298 . (ir)
June 12, 2012 Filing 300 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulated dismissal of all claims, #298 . The following error(s) was found: Incorrect event selected. The correct event is: Other Filings: Stipulation - Dismiss Case. Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lw)
June 12, 2012 Filing 299 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of withdrawal of Motion #296 . The following error(s) was found: Incorrect event selected. The correct event is: Other Filings: Notices - Withdrawal (document or motion). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lw)
June 11, 2012 Filing 298 STIPULATED Dismissal with prejudice of all claims filed by plaintiff Nadia Kas. Dismissal is with prejudice. (Williams, Gene) **Modified on 6/12/2012 to reflect correct title of document**(ir).
June 11, 2012 Filing 297 Surreply in Opposition re: MOTION for Leave to file A THIRD AMENDED COMPLAINT & LEAVE TO AMEND THE SCHEDULING ORDER #198 [FILED WITH PERMISSION PER DKT. 261 (5/25/12 ORDER)] filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF TROY M. YOSHINO IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE THIRD AMENDED COMPLAINT, #2 Exhibit 11-13 to Yoshino Supplemental Declaration)(Yoshino, Troy)
June 11, 2012 Filing 296 NOTICE filed by plaintiff Nadia Kas. NOTICE RE WITHDRAWAL OF DEFENDANTS RULE 11 MOTION FOR SANCTIONS (ECF No. 277) (Williams, Gene)
June 10, 2012 Filing 294 Notice of Withdrawal of Motion for Sanctions,, #277 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
June 7, 2012 Filing 293 OBJECTIONS to Objections - non-motion, #290 OBJECTIONS TO PLAINTIFFS IMPROPER SUR-REPLY BRIEF STYLED AS "OBJECTIONS TO THE REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING" (DKT. 290) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF ERIC J. KNAPP IN SUPPORT OF DEFENDANTS DAIMLER AGS AND MERCEDES-BENZ USA LLCS OBJECTIONS TO PLAINTIFFS IMPROPER SUR-REPLY BRIEF STYLED AS OBJECTIONS TO THE REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING (DKT. 290), #2 Exhibit 1 to Knapp Declaration)(Yoshino, Troy)
June 6, 2012 Filing 292 CERTIFICATE OF SERVICE filed by Plaintiff Nadia Kas served Objection to the Reply Declaration, Exhibit 2, Plaintiff's application to file Objection to the Reply Declaration, Order, Certificate of Service served on 6/6/12. (ir)
June 6, 2012 Filing 291 APPLICATION to File Objections to the Reply Declaration of Rene Ham in support of Defendants' Motion to dismiss for Lack of Standing under seal filed by Plaintiff Nadia Kas. Lodged Proposed Order. (ir)
June 6, 2012 Filing 290 OBJECTIONS to Declaration (Motion related), Declaration (Motion related) #289 PLAINTIFF NADIA KASS OBJECTIONS TO THE REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING filed by Plaintiff Nadia Kas. (Attachments: #1 REDACTED DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OBJECTIONS TO THE REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING)(Williams, Gene)
June 6, 2012 Filing 289 DECLARATION of Rene Ham in Support of MOTION to Dismiss Case for Lack of Standing #174 (The attached redacted "REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING" to replace Dkt. 263-3) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
June 6, 2012 Opinion or Order Filing 288 ORDER GRANTING DEFENDANTS' APPLICATION TO STRIKE AND REQUEST TO SEAL Docket No. 263-3 by Judge George H. King granting #269 Application to Strike: Having considered Defendants' Application to Strike and Request to Seal Docket No. 263-3: Reply Declaration of Rene Ham in Support of Defendants' Motion to Dismiss for Lack of Standing filed on May 25, 2012, it is hereby ordered that said declaration will be stricken from the docket and filed under seal as it contains confidential and/or proprietary information. (bm)
June 6, 2012 Filing 287 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of OBJECTIONS TO THE REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING. (Williams, Gene)
June 5, 2012 Filing 286 RESPONSE filed by Plaintiff Nadia Kasto Objections - non-motion, #264 PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO THE DECLARATION OF GENE WILLIAMS IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING (Williams, Gene)
June 4, 2012 Filing 277 NOTICE OF MOTION AND MOTION for Sanctions BASED UPON PLAINTIFFS AND HER COUNSELS: 1. CONTINUED ASSERTION OF CLAIMS BY NADIA KAS; 2. IMPROPER MOTION FOR LEAVE TO FILE THIRD AM. COMPL. AND FALSE CLAIMS MADE IN THAT MOTION; 3. FAILURE TO COMPLY WITH L.R. 7-3 PRIOR TO FILING MOTION FOR CLASS CERTIFICATION; AND 4. FALSE REPRESENTATIONS MADE IN FILINGS FOR CROSS-EXAMINATION OF RENE HAM filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. Motion set for hearing on 7/2/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration OF TROY M. YOSHINO IN SUPPORT OF DEFENDANTS MOTION FOR SANCTIONS, #2 Exhibit 1-9 to Yoshino Declaration, #3 Proposed Order)(Yoshino, Troy)
May 31, 2012 Filing 270 TRANSCRIPT for proceedings held on 5/25/12. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/21/2012. Redacted Transcript Deadline set for 7/1/2012. Release of Transcript Restriction set for 8/29/2012. (mo)
May 31, 2012 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/25/12 re Transcipt #270 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mo) TEXT ONLY ENTRY
May 30, 2012 Filing 295 SEALED DOCUMENT- EXHIBITS 9, 10, 11, 14, 15, 16, 17, and 18 to the Declaration of Gene Williams in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss for Lack of Standing. (Attachments: Part 2)(mat)
May 30, 2012 Filing 285 SEALED DOCUMENT- Daimler AG and Mercedes-Benz USA, LLC's Objections to the DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING (DKT No. 243-1 and Manually filed Exhibits). (mat)
May 30, 2012 Filing 284 SEALED DOCUMENT- REPLY DECLARATION of Rene Ham in Support of Defendants' MOTION to Dismiss for Lack of Standing. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6)(mat)
May 30, 2012 Filing 283 SEALED DOCUMENT- EXHIBITS 4-5 and 9 to Reply Declaration of Troy M. Yoshino in Support of Defendants' MOTION to Dismiss for Lack of Standing. (mat)
May 30, 2012 Filing 282 SEALED DOCUMENT- DAIMLER AG AND MERCEDES-BENZ USA, LLC'S REPLY in Support of Motion to Dismiss Case for Lack of Standing. (mat)
May 30, 2012 Filing 281 SEALED DOCUMENT- NOTICE OF ERRATA Re: Plaintiff's Opposition to Defendants' Motion to Dismiss for Lack of Standing. (mat)
May 30, 2012 Filing 280 SEALED DOCUMENT- EXHIBITS A and E to the Declaration of Gene Williams in Support of Reply in Support of Plaintiff's Motion for Leave to Amend the Scheduling Order and Leave to File a Third AMENDED COMPLAINT. (mat)
May 30, 2012 Filing 279 SEALED DOCUMENT- REPLY in Support of Plaintiff's MOTION for Leave to Amend the Scheduling Order and Leave to file A THIRD AMENDED COMPLAINT. (mat)
May 30, 2012 Filing 278 SEALED DOCUMENT- Plaintiff's Opposition to Defendants' Motion to Dismiss for Lack of Standing. (mat)
May 30, 2012 Opinion or Order Filing 275 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE THE NOTICE OF ERRATA Re Plaintiff's Opposition To Defendants' Motion To Dismiss For Lack Of Standing Under Seal by Judge George H. King granting #262 Application for Leave. (bm)
May 30, 2012 Opinion or Order Filing 274 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE OPPOSITION TO Defendant's Motion To Dismiss For Lack Of Standing Under Seal by Judge George H. King granting #248 Application to Seal. (bm)
May 30, 2012 Opinion or Order Filing 273 ORDER GRANTING APPLICATION TO FILE UNDER SEAL PORTIONS Of Daimler AG And Mercedes-Benz USA, LLC's Reply In Support Of Motion To Dismiss For Lack Of Standing And Supporting Documents by Judge George H. King granting #271 Application to Seal #271 . (bm)
May 30, 2012 Opinion or Order Filing 272 ORDER GRANTING PLAINTIFF'S APPLICATION To File Reply In Support Of Motion For Leave To Amend The Scheduling Order And Leave To File A Third Amended Complaint Under Seal by Judge George H. King granting #253 Application to Seal. (bm)
May 30, 2012 Filing 269 APPLICATION to Strike and Request to Seal Docket No. 263-3: Reply Declaration of Rene Ham in Support of Defendants' Motion to Dismiss for Lack of Standing Reply (Motion related), Reply (Motion related), Reply (Motion related) #263 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Proposed Order)(Yoshino, Troy)
May 25, 2012 Filing 276 PROOF OF SERVICE filed by Defendants Daimler, AG, Mercedes-Benz USA LLC, re APPLICATION to file under seal portions of Daimler AG and Mercedes-Benz USA LLC's Reply in support of Motion to dismiss for lack of standing #271 served on 5/25/12. (ir)
May 25, 2012 Filing 271 APPLICATION to File Under Seal Portions of Daimler AG and Mercedes-Benz USA, LLC's Reply in Support of Motion to Dismiss For Lack of Standing filed by defendants Daimler, AG, Mercedes-Benz USA LLC. Lodged proposed order. (lw)
May 25, 2012 Filing 268 MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh. RE: Defendants' Ex Parte Application for Leave to File Supplemental Opposition and Continue Hearing on Plaintiff's Motion for Leave to Amend the Scheduling Order and File a Third Amended Complaint (Docket No. #198 ). Case called, appearances made. Court and counsel discuss Defendants Ex Parte Application.(Docket #198 ) The Court heard arguments and informed counsel this issue is for Judge King to decide.Court Recorder: XTR 05/25/12. (afe)
May 25, 2012 Filing 267 TRANSCRIPT ORDER for date of proceedings 5/25/2012 to 5/25/2012 as to plaintiff Nadia Kas Court Smart (CS). Court will contact Trevor Hindin at THindin@InitiativeLegal.com with any questions regarding this order. Transcript portion requested: Other: Telephonic conference with Judge Walsh. Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Williams, Gene)
May 25, 2012 Filing 266 RESPONSE filed by Defendants Daimler, AG, Mercedes-Benz USA LLCto Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #243 DEFENDANTS RESPONSE TO PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JASON ARST IN SUPPORT OF MOTION TO DISMISS FOR PLAINTIFFS LACK OF STANDING (Dkt. No. 243-3) (Yoshino, Troy)
May 25, 2012 Filing 265 RESPONSE filed by Defendants Daimler, AG, Mercedes-Benz USA LLCto Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #243 DEFENDANTS RESPONSE TO PLAINTIFFS OBJECTIONS TO THE DECLARATION OF TROY YOSHINO IN SUPPORT OF MOTION TO DISMISS FOR PLAINTIFFS LACK OF STANDING (Dkt. No. 243-2) (Yoshino, Troy)
May 25, 2012 Filing 264 OBJECTIONS to Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #243 REDACTED OBJECTIONS TO THE DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING (DKT. 243-1) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
May 25, 2012 Filing 263 REPLY in Support of MOTION to Dismiss Case for Lack of Standing #174 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration REPLY DECLARATION OF TROY M. YOSHINO IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF STANDING, #2 Exhibit REDACTED Exhibits 1-11 to Yoshino Declaration, #3 DECLARATION IS STRICKEN PURSUANT TO COURT ORDER DATED 6/6/12, DOCUMENT #288 . Declaration REDACTED REPLY DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #4 Exhibit REDACTED Exhibits 1-6 to Ham Declaration, #5 Declaration OF JASON A. ARST IN SUPPORT OF DAIMLER AGS AND MERCEDES-BENZ USA, LLCS REPLY IN SUPPORT OF THEIR MOTION TO DISMISS FOR LACK OF STANDING, #6 Exhibit 1-2 to Arst Declaration)(Yoshino, Troy) Modified on 6/6/2012 (bm).
May 25, 2012 Opinion or Order Filing 261 ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION #257 TO FILE SUPPLEMENTAL OPPOSITION AND CONTINUE THE HEARING ON PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND FILE A THIRD AMENDED COMPLAINT (DKT. #198 ) by Magistrate Judge Patrick J. Walsh. This Court GRANTS Defendants' Application and directs Defendants to file their Supplemental Opposition on or before June 11, 2012. This Court also VACATES the hearing on Plaintiff's Motion for Leave to Amend currently set for June 4, 2012 and resets the hearing for June 25, 2012 at 9:30 a.m. in Courtroom 650. (afe)
May 25, 2012 Filing 260 TRANSCRIPT ORDER for date of proceedings 05/25/2012 to 05/25/2012 as to Defendants Daimler, AG, Mercedes-Benz USA LLC Court Smart (CS). Court will contact Carrie Takahata at ctakahata@cbmlaw.com with any questions regarding this order. Transcript portion requested: Other: Telephonic conference before Judge Walsh on May 25, 2012. Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Yoshino, Troy)
May 25, 2012 Filing 258 NOTICE of Manual Filing filed by Defendants Daimler, AG, Mercedes-Benz USA LLC of DAIMLER AG AND MERCEDES-BENZ USA, LLCS REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF STANDING. (Yoshino, Troy)
May 25, 2012 Filing 257 EX PARTE APPLICATION for Leave to TO FILE SUPPLEMENTAL OPPOSITION AND CONTINUE THE HEARING ON PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND FILE A THIRD AMENDED COMPLAINT (DKT. 198) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION TO FILE SUPPLEMENTAL OPPOSITION AND CONTINUE THE HEARING ON PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND FILE A THIRD AMENDED COMPLAINT (DKT. 198), #2 Declaration OF ERIC J. KNAPP IN SUPPORT OF DEFENDANTS EX PARTE APPLICATION TO FILE SUPPLEMENTAL OPPOSITION AND CONTINUE THE HEARING ON PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND FILE A THIRD AMENDED COMPLAINT (DKT. 198), #3 Exhibit 1 & 2 to Knapp Declaration, #4 Proposed Order)(Yoshino, Troy)
May 25, 2012 Filing 256 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/23/12 11:05 & 11:31 (ha)
May 25, 2012 Filing 255 TRANSCRIPT for proceedings held on 5/23/12 11:05 a.m. & 11:31 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012. (ha)
May 23, 2012 Opinion or Order Filing 259 MINUTE ORDER RE: Defendants' Motion for Sanctions Pertaining To Leonardo Reyes and "Additional Plaintiff" Issues (Docket No. #190 ) by Magistrate Judge Patrick J. Walsh. The motion is GRANTED in part and DENIED in part. Plaintiff is further ordered to supplement the initial disclosures and all other relevant discovery relating to Reyes no later than May 29, 2012. The Court sanctions Plaintiff $2,500, to be paid to Defendants' counsel no later than June 1, 2012. (See Minute Order for complete details) (afe)
May 23, 2012 Filing 252 TRANSCRIPT ORDER for date of proceedings May 23, 2012 to May 23, 2012 as to Defendants Daimler, AG, Mercedes-Benz USA LLC Court Smart (CS). Court will contact Carrie Takahata at ctakahata@cbmlaw.com with any questions regarding this order. Transcript portion requested: Other: May 23, 2012: Motion for Sanctions Pertaining to Leonardo Reyes. Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Yoshino, Troy)
May 23, 2012 Filing 251 TRANSCRIPT ORDER for date of proceedings 5/23/2012 to 5/23/2012 as to plaintiff Nadia Kas Court Smart (CS). Court will contact Trevor Hindin at THindin@InitiativeLegal.com with any questions regarding this order. Transcript portion requested: Other: Entire hearing. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Williams, Gene)
May 22, 2012 Filing 262 APPLICATION to File Notice of Errata re Plaintiff's opposition to Defendants' Motion to dismiss for Lack of Standing under seal filed by Plaintiff Nadia Kas. Lodged Proposed Order. (ir)
May 22, 2012 Filing 250 NOTICE OF ERRATA filed by Plaintiff Nadia Kas. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #243 NOTICE OF ERRATA RE PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING (Rivapalacio, Victoria)
May 22, 2012 Filing 247 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of NOTICE OF ERRATA RE PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING. (Rivapalacio, Victoria)
May 21, 2012 Filing 254 CERTIFICATE OF SERVICE filed by plaintiff Nadia Kas, re APPLICATION to Seal #253 served on 5/21/12. (bm)
May 21, 2012 Filing 253 PLAINTIFF'S APPLICATION To File Reply In Support Of Motion For Leave To Amend The Scheduling Order And Leave To File A Third Amended Complaint Under Seal filed by plaintiff Nadia Kas. Lodged proposed order. (bm)
May 21, 2012 Filing 246 REPLY in support of MOTION for Leave to file A THIRD AMENDED COMPLAINT & LEAVE TO AMEND THE SCHEDULING ORDER #198 filed by Plaintiff Nadia Kas. (Attachments: #1 REDACTED DECLARATION OF GENE WILLIAMS IN SUPPORT OF REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT)(Williams, Gene)
May 21, 2012 Opinion or Order Filing 245 ORDER by Judge George H. King denying #188 Application To File Opposition To Defendants' Motion To Dismiss For Lack Of Standing Under Seal: NOTE CHANGES MADE BY THE COURT. IT IS HEREBY ORDERED that the Application is DENIED as moot in light of 4/17/12 w/drawal of opposition. (bm)
May 21, 2012 Filing 244 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of REPLY IN SUPPORT OF MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT. (Williams, Gene)
May 18, 2012 Filing 249 CERTIFICATE OF SERVICE RE Plaintiff's Opposition to Defendants' Motion to Dismiss For Lack of Standing Under seal filed by plaintiff Nadia Kas, re APPLICATION to Seal #248 served on 5/18/2012. (lw)
May 18, 2012 Filing 248 PLAINTIFF'S APPLICATION To File Opposition To Defendants' Motion to Dismiss for Lack of Standing Under Seal filed by plaintiff Nadia Kas. Lodged proposed order. (lw)
May 18, 2012 Filing 243 OPPOSITION in opposition to re: MOTION to Dismiss Case for Lack of Standing #174 filed by Plaintiff Nadia Kas. (Attachments: #1 DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #2 PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF TROY YOSHINO IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #3 PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JASON ARST IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING)(Williams, Gene)
May 18, 2012 Filing 242 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING UNDER SEAL. (Williams, Gene)
May 17, 2012 Filing 241 OBJECTIONS to Declaration (non-motion), Declaration (non-motion) #234 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF GARRETT SANDERSON III IN SUPPORT OF DEFENDANTS DAIMLER AGS AND MERCEDES-BENZ USA LLCS OBJECTIONS TO SUR-REPLY BRIEF STYLED AS SUPPLEMENTAL DECLARATION OF GENE WILLIAMS RE NOTICE OF INSPECTION OF LEONARDO REYES MERCEDES-BENZ C230, VEHICLE IDENTIFICATION NUMBER WDBRF40J93A482230 FILED IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SANCTIONS [ECF NO. 193] (DKT. NO. 234), #2 Exhibit A & B to Sanderson Declaration)(Yoshino, Troy)
May 15, 2012 Filing 240 SEALED DOCUMENT- EXHIBIT 6 to the Declaration of Garrett Sanderson III in Support of Defendants' Exparte Application for: 1. Review of the Magistrate's Exparte Ruling of May 11, 2012-Issued without Waiting for Opposition 2. Stay of the Magistrate's Ruling Pending Review and a Decision as to Plaintiff's Standing. (mat)
May 15, 2012 Filing 239 SEALED DOCUMENT- DEFENDANTS' EXPARTE APPLICATION for: 1. Review of the Magistrate's Exparte Ruling of May 11, 2012--Issued without Waiting for Opposition. 2. Stay of the Magistrate's Ruling Pending Review and a Decision as to Plaintiff's Standing. (mat)
May 15, 2012 Opinion or Order Filing 238 ORDER GRANTING #236 Application To File Under Seal Portions of Defendants' Ex Parte Application by Judge George H. King: 1. Defendants' Ex Parte Application and 2. Exhibit 6 to the Declaration of Garrett Sanderson III in support of Defendants' Ex Parte Application for: (1) Review of Magistrate's Ex Parte Ruling of May 11, 2012, Issued Without Waiting for Opposition; and (2) Stay of the Magistrate's Ruling Pending Review and a Decision as to Plaintiff's Standing. The above-numbered items will be filed under seal for containing confidential and/or proprietary information. (lw)
May 14, 2012 Filing 237 PROOF OF SERVICE filed by Defendants Daimler, AG, Mercedes-Benz USA LLC, re APPLICATION for Leave to File file under seal Portions of Defendants' Ex Parte Application for (1) Review of the Magistrate's Ex Parte ruling of 5/11/12 - Issued without waiting for opposition, (2) Staying of the Magistrate's ruling pending review and a decision as to Plaintiff's standing #236 served on 5/14/12. (ir)
May 14, 2012 Filing 236 APPLICATION to file under seal Portions of Defendants' Ex Parte Application for (1) Review of the Magistrate's Ex Parte ruling of 5/11/12 - Issued without waiting for opposition, (2) Staying of the Magistrate's ruling pending review and a decision as to Plaintiff's Standing filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. Lodged Proposed Order. (ir)
May 14, 2012 Opinion or Order Filing 235 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' EX PARTE APPLICATION by Judge George H. King granting in part and denying in part #229 Ex Parte Application for Review: Defendants' request for review of Magistrate Judge Walsh's May 11, 2012 Order is granted in part as follows: Plaintiff's May 11, 2012 Ex Parte Application is REMANDED to Magistrate Judge Walsh for his consideration of Defendants' opposition, which shall be filed by no later than 12:00 noon on Tuesday, May 15, 2012 with a mandatory chambers copy delivered to Judge Walsh by that time. Mr. Ham's deposition, currently set to begin tomorrow morning, May 15, 2012 is hereby CONTINUED to Thursday, May 17, 2012 at 8:00 a.m. unless otherwise ordered, and Mr. Ham is ordered to remain in the United States in the interim. Finally, to the extent Defendants request we stay any ruling Magistrate Judge Walsh might make on this remand pending the outcome of Defendants' Motion to Dismiss for Lack of Standing, such request is DENIED. (see document for further details) (bm)
May 14, 2012 Filing 234 DECLARATION re Objection/Opposition (Motion related), Objection/Opposition (Motion related) #193 SUPPLEMENTAL DECLARATION OF GENE WILLIAMS RE NOTICE OF INSPECTION OF LEONARDO REYES MERCEDES-BENZ C230, VEHICLE IDENTIFICATION NUMBER WDBRF40J93A482230 FILED IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SANCTIONS [ECF NO. 193] filed by Plaintiff Nadia Kas. (Williams, Gene)
May 14, 2012 Filing 233 Notice of Withdrawal of Ex Parte Application for Review,,, #229 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
May 14, 2012 Filing 232 OPPOSITION re: MOTION for Leave to file A THIRD AMENDED COMPLAINT & LEAVE TO AMEND THE SCHEDULING ORDER #198 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF NOAH YANOWITZ IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE THIRD AMENDED COMPLAINT, #2 Exhibit A-C to Yanowitz Declaration, #3 Declaration TROY M. YOSHINO IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE THIRD AMENDED COMPLAINT, #4 Exhibit 1-4 to Yoshino Declaration, #5 Exhibit 5 (pt. 1 of 2) to Yoshino Declaration, #6 Exhibit 5 (pt. 2 of 2) to Yoshino Declaration, #7 Exhibit 6-10 to Yoshino Declaration)(Yoshino, Troy)
May 14, 2012 Filing 231 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/2/12 1:17 p.m. (mo)
May 14, 2012 Filing 230 TRANSCRIPT for proceedings held on 5/2/12 1:17 p.m.. Court Reporter/Electronic Court Recorder: Jams Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/4/2012. Redacted Transcript Deadline set for 6/14/2012. Release of Transcript Restriction set for 8/12/2012. (mo)
May 14, 2012 Filing 229 EX PARTE APPLICATION for Review of THE MAGISTRATES EX PARTE RULING OF MAY 11, 2012, ISSUED WITHOUT WAITING FOR OPPOSITION; AND APPLICATION FOR STAY OF THE MAGISTRATES RULING PENDING REVIEW AND A DECISION AS TO PLAINTIFFS STANDING re Order on Ex Parte Application to Compel, #216 (REDACTED) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF GARRETT SANDERSON III IN SUPPORT DEFENDANTS EX PARTE APPLICATION FOR: (1.) REVIEW OF THE MAGISTRATES EX PARTE RULING OF MAY 11, 2012, ISSUED WITHOUT WAITING FOR OPPOSITION; AND (2.) STAY OF THE MAGISTRATES RULING PENDING REVIEW AND A DECISION AS TO PLAINTIFFS STANDING, #2 Exhibit (REDACTED) 1-8 to Sanderson Declaration, #3 Proposed Order)(Yoshino, Troy)
May 14, 2012 Filing 228 NOTICE of Manual Filing filed by Defendants Daimler, AG, Mercedes-Benz USA LLC of PORTIONS OF DEFENDANTS EX PARTE APPLICATION FOR: (1.) REVIEW OF THE MAGISTRATES EX PARTE RULING OF MAY 11, 2012, ISSUED WITHOUT WAITING FOR OPPOSITION; AND (2.) STAY OF THE MAGISTRATES RULING PENDING REVIEW AND A DECISION AS TO PLAINTIFFS STANDING. (Yoshino, Troy)
May 11, 2012 Filing 226 Notice of Withdrawal of Ex Parte Application to Quash Subpoena,, #211 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
May 11, 2012 Opinion or Order Filing 225 ORDER GRANTED IN PART AND DENIED IN PART Ex Parte Application for Order Quashing Subpoenas, #219 by Magistrate Judge Patrick J. Walsh. (ca)
May 11, 2012 Filing 224 CERTIFICATE OF SERVICE filed by Non-Party Miller-DM, Inc., re EX PARTE APPLICATION for Order Quashing Subpoenas, #219 served on 05/11/2012. (ca)
May 11, 2012 Filing 223 DECLARATION of Anthony A. Molino, #219 filed by Non-Party Miller-DM, Inc. (ca)
May 11, 2012 Filing 222 DECLARATION of Steven R. Berardino, #219 filed by Non-Party Miller-DM, Inc. (ca)
May 11, 2012 Filing 221 EXHIBITS in support of Non-Party Mercedes-Benz of Beverly Hill's EX PARTE APPLICATION for Order Quashing Subpoenas, #219 filed by Non-Party Miller-DM, Inc.. (ca)
May 11, 2012 Filing 220 MEMORANDUM of Points and Authorities in Support of Non-Party Mercedes-Benz of Beverly Hill's EX PARTE APPLICATION for Order Quashing Subpoenas, #219 filed by Non-Party Miller-DM, Inc.. (ca)
May 11, 2012 Filing 219 NON-PARTY MERCEDES-BENZ OF BEVERLY HILL'S EX PARTE APPLICATION for Order Quashing Subpoenas filed by Non-Party Miller-DM, Inc..(ca)
May 11, 2012 Opinion or Order Filing 218 ORDER DENYING APPLICATION to filed Portions of Plaintiff's Ex Parte Application for order (1) Compelling Rene Ham to Testify for a full day as a 30(B)(6) witness; (2) Compelling Defendants to Produce Another 30(B)(6) Witness on various topics under seal; and (3) Defendants to Produce Vehicle Identification Numbers, #217 by Magistrate Judge Patrick J. Walsh: (ca)
May 11, 2012 Opinion or Order Filing 216 ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR ORDER COMPELLING (1) RENE HAM TO TESTIFY FOR A FULL DAY AS A RULE 30(b)(6) WITNESS; (2) DEFENDANTS TO PRODUCE ANOTHER RULE 30(b)(6) WITNESS ON VARIOUS TOPICS; AND (3) DEFENDANTS TO PRODUCE VEHICLE IDENTIFICATION NUMBERS, #212 by Magistrate Judge Patrick J. Walsh. **PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS** (ca)
May 10, 2012 Filing 227 CERTIFICATE OF SERVICE filed by plaintiff Nadia Kas, re APPLICATION to Seal #217 served on 5/10/12. (bm)
May 10, 2012 Filing 217 APPLICATION to filed Portions of Plaintiff's Ex Parte Application for order (1) Compelling Rene Ham to Testify for a full day as a 30(B)(6) witness; (2) Compelling Defendants to Produce Another 30(B)(6) Witness on various topics under seal; and (3) Defendants to Produce Vehicle Identification Numbers filed by plaintiff Nadia Kas. Lodged Proposed Order. (ca)
May 10, 2012 Filing 215 SEALED DOCUMENT- EXHIBITS 5, 6, 8 to the Declaration of Gene Williams in Support of Plaintiff's Motion for Leave to Amend the Scheduling Order and Leave to File a Third Amended Complaint. (mat)
May 10, 2012 Filing 214 SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of PLAINTIFFS NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD (mat)
May 10, 2012 Opinion or Order Filing 213 ORDER by Judge George H. King: Having considered the Application pursuant to Local Rule 79-5 to file portions of Plaintiff's Motion for leave to amend the Scheduling Order and leave to file a Third Amended complaint under seal #207 is GRANTED, and therefore Plaintiff's Memorandum of Points and Authorities in support of Plaintiff's Motion for Leave the Scheduling Order and leave to file a Third Amended complaint and Exhibits 5, 6, 8 to the Declaration of Gene Williams shall be filed under seal. (ir)
May 10, 2012 Filing 212 EX PARTE APPLICATION to Compel (1) RENE HAM TO TESTIFY FOR A FULL DAY AS A RULE 30(b)(6) WITNESS; (2) DEFENDANTS TO PRODUCE ANOTHER RULE 30(b)(6) WITNESS ON VARIOUS TOPICS; AND (3) DEFENDANTS TO PRODUCE VEHICLE IDENTIFICATION NUMBERS filed by Plaintiff Nadia Kas. (Attachments: #1 Declaration of Gene Williams in Support Ex Parte Application, #2 Proposed Order)(Williams, Gene)
May 10, 2012 Filing 211 EX PARTE APPLICATION to Quash Subpoena re: Beverly Hills Dealer filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Memorandum OF POINTS & AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION BY DAIMLER AG AND MERCEDES-BENZ USA, LLC FOR AN ORDER QUASHING SUBPOENAS TO BEVERLY HILLS DEALER OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER, #2 Declaration OF GARRETT SANDERSON III IN SUPPORT OF EX PARTE APPLICATION BY DAIMLER AG AND MERCEDES-BENZ USA, LLC FOR AN ORDER QUASHING SUBPOENAS TO BEVERLY HILLS DEALER OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER, #3 Exhibit 1-4 to Sanderson Declaration, #4 Proposed Order Granting Ex Parte Application)(Yoshino, Troy)
May 10, 2012 Filing 210 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of Application to File Under Seal. (Attachments: #1 Exhibit 1 re Application to File Under Seal)(Williams, Gene)
May 10, 2012 Filing 209 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of Ex Parte Application for an Order to Compel Discovery and of Exhibit A to Declaration of Gene Williams in Support of Ex Parte Application. (Attachments: #1 Exhibit 1 to Notice Of Manual Filing)(Williams, Gene)
May 9, 2012 Filing 208 CERTIFICATE OF SERVICE filed by plaintiff Nadia Kas, re Notice of Withdrawal #206 , APPLICATION to Seal #207 Proposed Order and Certificate of Service served on 5/9/2012. (lw)
May 9, 2012 Filing 207 PLAINTIFF'S APPLICATION to File Portions of Plaintiff's Motion for Leave to Amend Under Seal filed by plantiff Nadia Kas. (lw)
May 9, 2012 Filing 206 Notice of Withdrawal of Plaintiff's Application to File Motion for Leave to Amend Under Seal re: #199 filed by plaintiff Nadia Kas. (lw)
May 9, 2012 Filing 205 REPLY in Support of MOTION for Sanctions Pertaining to Leonardo Reyes and "Additional Plaintiff" Issues #190 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF TROY M. YOSHINO IN SUPPORT OF DEFENDANTS DAIMLER AG AND MERCEDES-BENZ USA, LLCS MOTION FOR SANCTIONS PERTAINING TO LEONARDO REYES AND ADDITIONAL PLAINTIFF ISSUES, #2 Exhibit 18 to Yoshino Supplemental Declaration)(Yoshino, Troy)
May 8, 2012 Filing 204 TRANSCRIPT ORDER for date of proceedings 5/3/2012 to 5/3/2012 re: Telephone Conference, #197 , as to Defendants Daimler, AG, Mercedes-Benz USA LLC Court Smart (CS). Court will contact Troy M. Yoshino at tyoshino@cbmlaw.com with any questions regarding this order. Transcript portion requested: Other: May 3, 2012 Telephonic Hearing Regarding Outstanding Discovery. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Yoshino, Troy)
May 8, 2012 Filing 203 TRANSCRIPT ORDER for date of proceedings 5/2/2012 to 5/2/2012 re: Telephone Conference, #197 , as to Defendants Daimler, AG, Mercedes-Benz USA LLC Court Smart (CS). Court will contact Troy M. Yoshino at tyoshino@cbmlaw.com with any questions regarding this order. Transcript portion requested: Other: May 2, 2012 Telephonic Hearing Regarding Outstanding Discovery. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Yoshino, Troy)
May 8, 2012 Filing 202 TRANSCRIPT ORDER for date of proceedings 5/3/2012 to 5/3/2012 re: Telephone Conference, #197 , as to Plaintiff Nadia Kas Court Smart (CS). Court will contact Shooka Moallem at SMoallem@InitiativeLegal.com with any questions regarding this order. Transcript portion requested: Other: 5/3/2012 Telephonic Hearing re Outstanding Discovery. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Rivapalacio, Victoria)
May 8, 2012 Filing 201 TRANSCRIPT ORDER for date of proceedings 5/2/2012 to 5/2/2012 re: Telephone Conference #196 , as to Plaintiff Nadia Kas Court Smart (CS). Court will contact Shooka Moallem at SMoallem@InitiativeLegal.com with any questions regarding this order. Transcript portion requested: Other: 5/2/2012 Telephonic Hearing re Outstanding Discovery. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Rivapalacio, Victoria)
May 4, 2012 Filing 200 CERTIFICATE OF SERVICE filed by plaintiff Nadia Kas, re Plaintiff's MOTION for Leave To Amend The Scheduling Order And Leave To File A Third Amended Complaint #198 served on 5/4/12. (bm)
May 4, 2012 Filing 199 PLAINTIFF'S APPLICATION To File Motion For Leave To Amend Under Seal filed by plaintiff Nadia Kas. Motion set for hearing on 6/4/2012 at 9:30 AM before Judge George H. King. Lodged prop ord. (bm)
May 4, 2012 Filing 198 NOTICE OF MOTION AND MOTION for Leave to file A THIRD AMENDED COMPLAINT & LEAVE TO AMEND THE SCHEDULING ORDER filed by Plaintiff Nadia Kas. Motion set for hearing on 6/4/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 REDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT, #2 REDACTED DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT, #3 [PROPOSED] THIRD AMENDED COMPLAINT, #4 Proposed Order)(Williams, Gene)
May 4, 2012 Filing 195 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT & EXHIBITS 5, 6, AND 8 TO THE DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE SCHEDULING ORDER AND LEAVE TO FILE A THIRD AMENDED COMPLAINT Filed Under Protective Order & Local Rule 79-5. (Williams, Gene)
May 3, 2012 Filing 197 MINUTES (IN CHAMBERS) re: TELEPHONIC STATUS CONFERENCE RE: DEPOSITION OF RENE HAM by Magistrate Judge Patrick J. Walsh. The Court orders that, absent further agreement of the parties, Mr. Ham's deposition will begin at 9:00 on Friday, May 4, 2012, and proceed for five hours, not counting breaks. The deposition will continue on May 15, 2012, for five more hours. The magistrate judge will be available by telephone on both days to resolve any disputes.Court Recorder: XTR 05/03/12. (afe)
May 2, 2012 Filing 196 MINUTES (IN CHAMBERS) re: TELEPHONIC HEARING RE: DISCOVERY ISSUES by Magistrate Judge Patrick J. Walsh. The Court met with the counsel to discuss outstanding discovery issues. The Court made rulings on the record. Court Recorder: XTR 05/02/12. (afe)
May 2, 2012 Filing 194 MINUTES (IN CHAMBERS) re (1) Plaintiff's Ex Parte Application to Allow Two Days for Deposition of Rene Ham and to Require him to Respond to Questions as 30(b)(6) Designee (Docket No. #191 ); (2) Plaintiff's Request for Court Resolution of Outstanding Issues Re: Contacting Potential Class Members by Magistrate Judge Patrick J. Walsh. Plaintiff's ex parte application for an order allowing her counsel more than seven hours to depose Ham is GRANTED. Plaintiff's request that her counsel be allowed to question Mr. Ham about matters outside the scope of his declaration is also GRANTED. Plaintiff's counsel may however, contact any individuals whom he believes may fit within the proposed class and speak to them about their experiences with Valeo radiators. (See Minute Order for complete details)Court Recorder: XTR 05/02/12. (afe)
May 2, 2012 Filing 193 OPPOSITION in opposition to re: MOTION for Sanctions Pertaining to Leonardo Reyes and "Additional Plaintiff" Issues #190 filed by Plaintiff Nadia Kas. (Attachments: #1 DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SANCTIONS)(Williams, Gene)
May 2, 2012 Opinion or Order ORDER RE: Telephonic Hearing by Magistrate Judge Patrick J. Walsh. The parties are advised that the scheduled telephone conference set for May 2, 2012 at 3:00 p.m. has been taken off calendar. The clerk will contact the parties to set a telephonic hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afe) TEXT ONLY ENTRY
May 1, 2012 Filing 192 OPPOSITION re: EX PARTE APPLICATION to Compel RENE HAM TO TESTIFY UNDER F.R.C.P. 30(b)(6) AND (2) REQUIRING RENE HAM TO SIT FOR DEPOSITION FOR TWO DAYS EX PARTE APPLICATION to Compel RENE HAM TO TESTIFY UNDER F.R.C.P. 30(b)(6) AND (2) REQUIRING RENE HAM TO SIT FOR DEPOSITION FOR TWO DAYS #191 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF TROY M. YOSHINO IN OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION TO COMPEL RENE HAM TO BE A RULE 36(B)(6) DEPONENT, #2 Exhibit 1-4 to Yoshino Declaration)(Yoshino, Troy)
April 30, 2012 Filing 191 EX PARTE APPLICATION to Compel RENE HAM TO TESTIFY UNDER F.R.C.P. 30(b)(6) AND (2) REQUIRING RENE HAM TO SIT FOR DEPOSITION FOR TWO DAYS filed by plaintiff Nadia Kas. (Attachments: #1 DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR ORDER (1) COMPELLING RENE HAM TO TESTIFY UNDER F.R.C.P. 30(B)(6) AND (2) REQUIRING RENE HAM TO SIT FOR DEPOSITION FOR TWO DAYS, #2 Proposed Order)(Williams, Gene)
April 25, 2012 Filing 190 NOTICE OF MOTION AND MOTION for Sanctions Pertaining to Leonardo Reyes and "Additional Plaintiff" Issues filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. Motion set for hearing on 5/23/2012 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: #1 Declaration of Troy M. Yoshino in Support of DAG and MBUSA Motion for Sanctions, #2 Exhibit 1-17 to Yoshino Declaration, #3 Declaration of Chad A. Stegeman in Support of DAG and MBUSA Motion for Sanctions, #4 Exhibit A to Stegeman Declaration, #5 Proposed Order)(Yoshino, Troy)
April 17, 2012 Filing 187 Notice of Withdrawal of Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #185 filed by plaintiff Nadia Kas. (Williams, Gene)
April 16, 2012 Filing 189 CERTIFICATE OF SERVICE filed by Plaintiff Nadia Kas, re APPLICATION for Leave to File Opposition to Defendants' Motion to dismiss for lack of standing under seal #188 served on 4/16/12. (ir)
April 16, 2012 Filing 188 APPLICATION to File Opposition to Defendants' Motion to dismiss for lack of standing under seal filed by Plaintiff Nadia Kas. (ir)
April 16, 2012 Opinion or Order Filing 186 MINUTES: (In Chambers) ORDER RE: PLAINTIFFS EX PARTE APPLICATION #175 AND REQUEST FOR DEPOSITION OR CROSS-EXAMINATION #178 : We GRANT IN PART the Application and Request. We order that Mr. Ham be made available for cross-examination by deposition at the law offices of Initiative Legal Group APC, 1800 Century Park East, 2nd Floor, Los Angeles, CA 90067, no later than Monday, May 7, 2012. The parties are ordered to cooperate to insure this deposition is taken as ordered herein. As Defendants Motion to Dismiss alleges that the Court lacks subject-matter jurisdiction, we will stay the Motion pending Mr. Hams deposition. Plaintiff is ordered to file an opposition to the Motion to Dismiss within 14 days of Mr. Hams deposition. Defendants reply, if any, shall be filed 7 days thereafter. The matter will be deemed submitted 14 days after Defendants reply is filed. We will stay Plaintiffs Motion for Class Certification pending the outcome of Defendants Motion to Dismiss and our determination as to whether Plaintiff has standing IT IS SO ORDERED by Judge George H. King. (ir)
April 16, 2012 Filing 185 Opposition in opposition re: MOTION to Dismiss Case for Lack of Standing #174 filed by Plaintiff Nadia Kas. (Attachments: #1 PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF TROY YOSHINO IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #2 PLAINTIFF NADIA KASS EVIDENTIARY OBJECTIONS TO AND MOTION TO STRIKE THE DECLARATION OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #3 REDACTED DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING)(Williams, Gene)
April 16, 2012 Filing 184 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING. (Williams, Gene)
April 13, 2012 Filing 181 DECLARATION of (Supplemental) Gene Williams In Support Of EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 #178 filed by Plaintiff Nadia Kas. (Williams, Gene)
April 12, 2012 Filing 180 OBJECTIONS to EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 #178 [OBJECTIONS TO THE DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR ORDER STRIKING DECLARATION OF RENE HAM (Dkt. 178-2)] filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
April 12, 2012 Filing 179 Opposition re: EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 #178 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF GARRETT SANDERSON III IN OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION REGARDING THE DECLARATION OF RENE HAM, #2 Exhibit 1-5 to Sanderson Declaration)(Yoshino, Troy)
April 11, 2012 Filing 183 CERTIFICATE OF SERVICE filed by plaintiff Nadia Kas, re APPLICATION To File Ex Parte Application For Order Striking Declaration Of Rene Ham Or In The Alternative, Continuing Hearing On Defendants' Standing Motion Under Seal #182 served on 4/11/12. (bm)
April 11, 2012 Filing 182 PLAINTIFF'S APPLICATION To File Ex Parte Application For Order Striking Declaration Of Rene Ham Or In The Alternative, Continuing Hearing On Defendants' Standing Motion Under Seal filed by plaintiff Nadia Kas. Lodged prop ord. (bm)
April 11, 2012 Filing 178 EX PARTE APPLICATION to Strike DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION re MOTION to Dismiss Case for Lack of Standing #174 filed by plaintiff Nadia Kas. (Attachments: #1 REDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR ORDER STRIKING DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION, #2 REDACTED DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR ORDER STRIKING DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION, #3 Proposed Order)(Shahian, Payam)
April 11, 2012 Filing 177 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of PLAINTIFFS EX PARTE APPLICATION FOR ORDER STRIKING DECLARATION OF RENE HAM OR, IN THE ALTERNATIVE, CONTINUING HEARING ON DEFENDANTS STANDING MOTION. (Williams, Gene)
April 10, 2012 Filing 176 OBJECTIONS to REQUEST for Discovery regarding PLAINTIFF NADIA KASS NOTICE OF REQUEST FOR DEFENDANTS DECLARANT RENE HAM IN SUPPORT OF THEIR MOTION TO DISMISS FOR LACK OF STANDING TO APPEAR FOR DEPOSITION OR, IN THE ALTERNATIVE, TO BE CROSS-EXAMINED AT MOTION TO DISM #175 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration OF TROY M. YOSHINO IN SUPPORT OF OBJECTIONS TO PLAINTIFFS L.R. 7-8 REQUEST FOR DEPOSITION OF RENE HAM AND REQUEST FOR SANCTIONS, #2 Exhibit 1-7 to Yoshino Declaration)(Yoshino, Troy)
April 10, 2012 Filing 175 REQUEST for Discovery regarding PLAINTIFF NADIA KASS NOTICE OF REQUEST FOR DEFENDANTS DECLARANT RENE HAM IN SUPPORT OF THEIR MOTION TO DISMISS FOR LACK OF STANDING TO APPEAR FOR DEPOSITION OR, IN THE ALTERNATIVE, TO BE CROSS-EXAMINED AT MOTION TO DISMISS HEARING filed by plaintiff Nadia Kas. Request set for hearing on 5/7/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Rivapalacio, Victoria)
April 9, 2012 Filing 174 NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Standing filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. Motion set for hearing on 5/7/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration OF TROY M. YOSHINO IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF STANDING, #2 Exhibit 1-5 to Yoshino Declaration, #3 Declaration OF JASON A. ARST IN SUPPORT OF DAIMLER AGS AND MERCEDES-BENZ USA, LLCS MOTION TO DISMISS FOR LACK OF STANDING, #4 Exhibit 1-4 to Arst Declaration, #5 Declaration OF RENE HAM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING, #6 Proposed Order)(Yoshino, Troy)
April 2, 2012 Filing 165 SUPPLEMENT to MOTION to Certify Class #129 (NOTICE OF SUPPLEMENTAL AUTHORITY SUPPORTING DEFENDANTS OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION, Dkt. 156) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Exhibit 1)(Yoshino, Troy)
March 30, 2012 Filing 173 SEALED DOCUMENT- Daimer AG and MBUSA's Evidentiary Objections to the Declaration of Payam Shahian in Support of Plaintiff's Motion to Certify Class. (mat)
March 30, 2012 Filing 172 SEALED DOCUMENT- Objections to Declaration of Robert Waters in Support of Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Filing 171 SEALED DOCUMENT- DECLARATION of Noah Yanowitz in Opposition to Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Filing 170 SEALED DOCUMENT- DECLARATION of Jason A. Arst in Opposition to Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Filing 169 SEALED DOCUMENT- DECLARATION of Daniel Edwards in Opposition to Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Filing 168 SEALED DOCUMENT- DECLARATION of Joseph Haller in Opposition to Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Filing 167 SEALED DOCUMENT- EXHIBIT 2 to the Declaration of Troy M. Yoshino in Support of Defendants' (1) Opposition to Plaintiff's Motion for Class Certification, and Supporting Documents; (2) Objections to and/or Motion to Strike Declaration of Robert Waters; (3) Objection to Plaintiff's Motion for Class Certification for Failure to Comply with L.R. 7-3; (4) Objections to Declaration of Nadia Kas; (5) Objections to Declaration of Gene Williams; (6) Objections to Declaration of Payam Shahian.. (mat)
March 30, 2012 Filing 166 SEALED DOCUMENT- MEMORANDUM OF POINTS AND AUTHORITIES in Support of Daimler AG and Mercedes-Benz USA, LLC's Opposition to Plaintiff's Motion for Class Certification. (mat)
March 30, 2012 Opinion or Order Filing 164 ORDER by Judge George H. King GRANTING #162 Application To File Under Seal Portions Of Daimler AG And Mercedes-Benz USA, LLC's Opposition To Plaintiff's Motion For Class Certification And Supporting Documents. (bm)
March 28, 2012 Filing 163 PROOF OF SERVICE filed by Defendants Daimler, AG, Mercedes-Benz USA LLC, re APPLICATION to File under seal portions of Daimler AG and Mercedes-Benz USA, LLC's opposition to Plaintiff's Motion for Class Certification and supporting documents #162 served on 3/28/12. (ir)
March 28, 2012 Filing 162 APPLICATION to File under seal portions of Daimler AG and Mercedes-Benz USA, LLC's opposition to Plaintiff's Motion for Class Certification and supporting documents filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. Lodged Proposed Order. (ir)
March 28, 2012 Filing 161 OBJECTIONS to the Declaration of Gene Williams in Support of Plaintiff's Motion for Class Certification (Dkt. 129-5) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
March 28, 2012 Filing 160 OBJECTIONS to the Declaration of Robert Waters in Support of Plaintiff's Motion for Class Certification (Dkt. 129-2) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
March 28, 2012 Filing 159 OBJECTIONS to the Declaration of Payam Shahian in Support of Plaintiff's Motion for Class Certification filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
March 28, 2012 Filing 158 OBJECTIONS to the Declaration of Nadia Kas in Support of Plaintiff's Motion for Class Certification (Dkt. 129-4) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
March 28, 2012 Filing 157 Objection re: MOTION to Certify Class #129 for Failure to Comply with L.R. 7-3 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Yoshino, Troy)
March 28, 2012 Filing 156 Opposition re: MOTION to Certify Class #129 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration of Troy M. Yoshino in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, #2 Exhibit 1-4 to Yoshino Declaration, #3 Exhibit 5 to Yoshino Declaration, #4 Exhibit 6 to Yoshino Declaration, #5 Exhibit 7-13 to Yoshino Declaration, #6 Exhibit 14-17 to Yoshino Declaration, #7 Declaration of Noah Yanowitz in Opposition to Plaintiff's Motion for Class Certification, #8 Exhibit A-B to Yanowitz Declaration, #9 Exhibit C-F to Yanowitz Declaration, #10 Exhibit G-J to Yanowitz Declaration, #11 Exhibit K-Q to Yanowitz Declaration, #12 Exhibit R-S to Yanowitz Declaration, #13 Declaration of Jason Arst in Opposition to Plaintiff's Motion for Class Certification, #14 Exhibit 1-6 to Arst Declaration, #15 Declaration of Daniel Edwards in Opposition to Plaintiff's Motion for Class Certification, #16 Exhibit A-B to Edwards Declaration, #17 Declaration of Joseph Haller in Opposition to Plaintiff's Motion for Class Certification, #18 Declaration of Kenneth Serwin, PhD, in Opposition to Plaintiff's Motion for Class Certification, #19 Exhibit 1-2 to Serwin Declaration)(Yoshino, Troy)
March 28, 2012 Filing 155 NOTICE of Manual Filing filed by Defendants Daimler, AG, Mercedes-Benz USA LLC of Opposition to Plaintiff's Motion for Class Certification and portions of supporting documents and exhibits. (Yoshino, Troy)
March 21, 2012 Filing 154 NOTICE of Change of Attorney Information for attorney Victoria Bree Rivapalacio counsel for Plaintiff Nadia Kas. Adding Victoria Rivapalacio as attorney as counsel of record for Nadia Kas for the reason indicated in the G-06 Notice. Filed by plaintiff Nadia Kas (Rivapalacio, Victoria)
March 16, 2012 Filing 152 REPLY (SUR) In Opposition to EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) #149 filed by Plaintiff Nadia Kas. (Attachments: #1 Declaration of Gene Williams In Support of Plaintiff's Surreply)(Williams, Gene)
March 14, 2012 Opinion or Order Filing 153 ORDER COMPELLING PLAINTIFF TO PRODUCE VEHICLES, RADIATOR, AND TRANSMISSION FLUID SAMPLE FOR INSPECTION AND TESTING, #149 by Magistrate Judge Patrick J. Walsh. Defendant's request for sanctions is DENIED. (ca)
March 13, 2012 Filing 151 REPLY in Support of EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) #149 filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF GARRETT SANDERSON III IN SUPPORT OF DEFENDANTS EX PARTE APPLICATION FOR ORDER, #2 Exhibit J to SUPPLEMENTAL DECLARATION OF GARRETT SANDERSON III IN SUPPORT OF DEFENDANTS EX PARTE APPLICATION FOR ORDER)(Yoshino, Troy)
March 12, 2012 Filing 150 OPPOSITION to re: EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) #149 filed by Plaintiff Nadia Kas. (Attachments: #1 Declaration of Gene Williams)(Williams, Gene)
March 7, 2012 Filing 149 EX PARTE APPLICATION for Order for (1) COMPELLING PLAINTIFF TO COMPLY WITH DISCOVERY REQUESTS AND RULE 26 DISCLOSURE REQUIREMENTS; AND (2) AWARDING SANCTIONS PURSUANT TO RULE 37(C) filed by Defendants Daimler, AG, Mercedes-Benz USA LLC. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application for Order, #2 Declaration of Garrett Sanderson III in Support of Defendants' Ex Parte Application for Order, #3 Exhibit A - I to Sanderson Declaration, #4 Proposed Order)(Yoshino, Troy)
February 23, 2012 Opinion or Order Filing 146 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S REQUEST FOR DEPOSITION OR CROSS-EXAMINATION by Judge George H. King denying #140 Request for Discovery: We have received Defendant Mercedes-Benz USA, LLCs Request for Plaintiff's Declarant Robert J. Waters to Appear for Deposition or, in the Alternative, to be Cross-Examined at the Class Certification Hearing (Doc. #140). At this time, we decline to order Mr. Waters to appear at the May 21, 2012 hearing on Plaintiff's Motion for Class Certification. Instead, we direct the parties to ensure that Mr. Waters's deposition is taken in compliance with the Order. Defendant states that the parties have been unable to agree on a date for Mr. Waters's deposition. We now direct the parties to work cooperatively to schedule Mr. Waters's deposition by no later than Friday, March 16, 2012. Should the parties fail to agree on a date for Mr. Waters's deposition within the foregoing deadline, we will enter our order for such deposition without regard to the parties' (or Mr. Waters's) calendar. (bm)
February 21, 2012 Opinion or Order Filing 143 MINUTE ORDER IN CHAMBERS MODIFYING FEBRUARY 17, 2012 SCHEDULING ORDER by Judge George H. King: On February 17, 2012, we issued our Order Modifying Scheduling Dates in which we set scheduling dates that, to some extent, differed from those set by Judge Valerie Baker Fairbank. In doing so, we had fully considered the parties' Joint Stipulation to Continue Dates Set Forth in Scheduling and Case Management Order filed on December 19, 2011 (Doc. # 100), but declined to fully adopt the parties' suggestions. Today, we received the parties' Revised Joint Stipulation [etc.] that was filed on February 17, 2012 (Doc. # 138) which we did not see until today. In light of Defendant counsel's medical emergency, we now grant the parties the requested 2-week extension re: briefing on the pending Motion for Class Certification. We decline to grant any further modifications to our February 17, 2012 scheduling order at this time inasmuch as any such request is speculative, at best, given the lack of sufficient information as to counsel's estimated time for recovery. While we are highly sympathetic of counsel's unfortunate condition, we also cannot blindly approve dates that do not have any known relationship with the time it might take counsel to recover. Moreover, while we certainly hope for counsel's speedy and complete recovery, Defendant has an affirmative duty to ensure that counsel's law firm takes the necessary steps to ensure the timely resolution of this action. We expect counsel's firm to immediately augment the staffing on this action so as to minimize any further delays in the resolution of this action. Should the parties seek any extension of our February 17, 2012 scheduling dates in the future, they shall be prepared to justify such requests by fully setting forth actions, taken commensurate with the circumstances, to ensure timely resolution of this case. (bm)
February 21, 2012 Filing 140 REQUEST for Discovery regarding MBUSA's REQUEST FOR PLAINTIFFS DECLARANT IN SUPPORT OF HIS CLASS CERTIFICATION MOTION, ROBERT J. WATERS, TO APPEAR FOR DEPOSITION on MARCH 6, 2012 (or, in the alternative, May 7, 2012 at 9:30 a.m.) filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order GRANTING MBUSA's REQUEST FOR PLAINTIFFS DECLARANT IN SUPPORT OF HIS CLASS CERTIFICATION MOTION, ROBERT J. WATERS, TO APPEAR FOR DEPOSITION)(Yoshino, Troy)
February 17, 2012 Opinion or Order Filing 142 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge George H. King, A deadline for dispositive motions has been set in the above-captioned case. Anymotion(s) for summary judgment SHALL comply with all Federal and Local Rules, aswell as this Order. Please be advised that this Order contains requirements more specificthan the Local and Federal Rules.... (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS)re Minutes of In Chambers Order, #141 (lw)
February 17, 2012 Opinion or Order Filing 141 MINUTE ORDER (IN CHAMBERS) ORDER MODIFYING SCHEDULING DATES by Judge George H. King: This matter was transferred to us from Judge Valerie Baker Fairbank. Previously, Judge Fairbank had setcertain scheduling dates, including the date for the filing of any motion for class certification. Plaintiff has filed said motion. Accordingly, we will hear that motion as it is currently calendared. However, as to the other scheduling dates in Judge Fairbanks scheduling order, they are VACATED to the extent that they conflict with this Scheduling Order. We have also considered the parties' Joint Stipulation to Continue Dates Set Forth inScheduling and Case Management Order filed on December 19, 2011 (Doc. # 100), but do not adopt entirely those stipulated dates. Instead, we now issue this Scheduling Order which shall henceforth control the progress of this case. Counsel shall carefully review this Order as it differs from Judge Fairbank's Order in many material aspects.....1. All fact discovery shall be COMPLETED by no later than August 13, 2012....2. The parties shall designate their expert witnesses, if any, and make the required disclosures by no later than August 13, 2012, and do likewise for any rebuttal expert witnesses by no later than September 13, 2012. 3. All expert discovery shall be COMPLETED by no later than November 1, 2012. 4. The parties shall comply with Local Rule 16-15 by no later than November 12, 2012. If the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the court within 48 hours of termination of settlement discussions. 5. No motion for summary judgment may be filed without a joint certification by counsel that they have complied in good faith with Local Rule 16-15 as set forth above. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than December 14, 2012, and noticed for hearing thereafter regularly under the Local Rules. 6. The court will set pre-trial conference and trial dates, if necessary, after resolution of the summaryjudgment motion(s), if any. 7. Failure by any party and/or counsel to strictly comply with the Federal and Local Rules, as well as our Orders, will result in the imposition of an appropriate sanction against the offending party/counsel. 8. Inasmuch as we have already extended most of the scheduling dates set by Judge Fairbank, no further extensions will be granted absent extraordinary circumstances (lw)
February 17, 2012 Opinion or Order Filing 139 ORDER RE: CASE MANAGEMENT by Judge George H. King, This case has been assigned to the calendar of Judge George H. King. The court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that the Rules be "construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding." Counsel shall also be guided by the following special requirements, some of which are more specific than those set out in the Local Rules... (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
February 17, 2012 Filing 138 Joint STIPULATION to Continue Dates Set Forth in Scheduling and Case Management Order filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Proposed Order RE: REVISED Joint Stipulation)(Yoshino, Troy)
February 16, 2012 Filing 148 SEALED DOCUMENT- Declaration of Payam Shahian in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat)
February 16, 2012 Filing 147 SEALED DOCUMENT- Declaration of Robert J. Waters in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2)(mat)
February 16, 2012 Filing 145 SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Plaintiff's Motion for Class Certification. (mat)
February 16, 2012 Filing 144 SEALED DOCUMENT- DECLARATION of Nadia Kas in Support of Plaintiff's Motion for Class Certification. (mat)
February 16, 2012 Opinion or Order Filing 136 ORDER by Judge George H. King: Having considered the Application pursuant to Local Rule 70-5 to file Plaintiff's Motion for Class Certification, including the documents specified in Plaintiff's Application to file portions of Motion for Class Certification under seal ("Application") #132 and the Protective Order entered in this matter attached to the Application as Exhibit A, and good cause appearing, the Court finds and Orders as follows: The Application is GRANTED, and therefore, portions of the Motion, including the documents specified in Plaintiff's application shall be filed under seal. (ir)
February 15, 2012 Filing 135 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document was accepted as filed. Record shall reflect the date of hearing on the motion will be May 7, 2012 RE: MOTION for Class Certification #129 (ir)
February 14, 2012 Filing 130 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Class Certification #129 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): hearing date indicated in docket entry text is noticed incorrectly and does not match the date indicated in caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
February 13, 2012 Filing 137 DECLARATION of Matthew R. Mendelsohn In Support Of Appointment Of Co-Lead Class Counsel filed by Plaintiff Nadia Kas. (bm)
February 13, 2012 Filing 134 CERTIFICATION OF SERVICE filed by Plaintiff Nadia Kas, re MOTION to Certify Class #129 , Declaration (Motion related) #131 , APPLICATION for Leave to File Portions of Motion for Class Certification under seal #132 , Notice of Motion #133 served on 2/13/12. (ir)
February 13, 2012 Filing 133 NOTICE OF MOTION for Class Certification #129 filed by Plaintiff Nadia Kas. Motion set for hearing on 5/7/2012 at 09:30 AM before Judge George H. King. (ir)
February 13, 2012 Filing 132 APPLICATION to File Portions of Motion for Class Certification under seal filed by Plaintiff Nadia Kas. Lodged Proposed Order. (ir)
February 13, 2012 Filing 131 DECLARATION of Gene Williams in support of Plaintiff's Motion for Class Certification #129 filed by Plaintiff Nadia Kas. (ir)
February 13, 2012 Filing 129 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff Nadia Kas. Motion set for hearing on 5/7/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 REDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #2 REDACTED DECLARATION OF ROBERT J. WATERS IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #3 REDACTED DECLARATION OF PAYAM SHAHIAN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #4 REDACTED DECLARATION OF NADIA KAS IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #5 DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #6 DECLARATION OF MATTHEW R. MENDELSOHN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, #7 Proposed Order)(Williams, Gene) Modified on 2/15/2012 (ir).
February 13, 2012 Filing 128 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of PLAINTIFFS APPLICATION TO FILE PORTIONS OF MOTION FOR CLASS CERTIFICATION UNDER SEAL. (Williams, Gene)
February 9, 2012 Filing 127 NOTICE of Change of Attorney Information for attorney Sue Jin Kim counsel for Plaintiff Nadia Kas.David M. Medby is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Nadia Kas (Kim, Sue)
February 7, 2012 Filing 126 TRANSCRIPT ORDER for date of proceedings 2/1/2012 to 2/1/2012 as to Defendant Mercedes-Benz USA LLC Court Smart (CS). Court will contact Yolanda Wagemans at ywagemans@cbmlaw.com with any questions regarding this order. Transcript portion requested: Other: 2/1/2012. Category: Expedited. (Yoshino, Troy)
February 7, 2012 Filing 125 NOTICE OF FILING TRANSCRIPT filed for proceedings 2-1-12 11:06 a.m. (ha)
February 7, 2012 Filing 124 TRANSCRIPT for proceedings held on 2-1-12 11:06 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/28/2012. Redacted Transcript Deadline set for 3/9/2012. Release of Transcript Restriction set for 5/7/2012. (ha)
February 6, 2012 Opinion or Order Filing 123 ORDER by Judge George H. King: granting #119 Application to Appear Pro Hac Vice by Attorney Matthew R. Mendelsohn on behalf of Plaintiff, designating Gene Williams as local counsel. (lt)
February 2, 2012 Filing 122 ANSWER to Amended Complaint, #46 filed by Defendant Daimler, AG.(Yoshino, Troy)
February 2, 2012 Filing 121 COMPACT DISC Order for date of proceedings 02/01/2012 to 02/01/2012 re: Order on Motion to Compel, Motion Hearing,,,,,, #118 , filed by Defendant Mercedes-Benz USA LLC. Order for:. Transcript portion requested: Other: Entire hearing held on 02/01/2012. FEE NOT PAID. (Yoshino, Troy)
February 2, 2012 Filing 120 TRANSCRIPT ORDER for date of proceedings 2/1/2012 to 2/1/2012 re: Order on Motion to Compel, Motion Hearing,,,,,, #118 , as to plaintiff Nadia Kas Court Smart (CS). Court will contact Trevor Hindin at THindin@InitiativeLegal.com with any questions regarding this order. Transcript portion requested: Other: Entire hearing, 2/1/2012. Category: Expedited. (Kim, Sue)
February 1, 2012 Filing 119 APPLICATION for attorney Matthew R. Mendelsohn to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9872362 paid.) filed by plaintiff Nadia Kas. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order re G-64 Application)(Williams, Gene)
February 1, 2012 Filing 118 MINUTES OF Re: (1) Plaintiff's Motion to Compel Further Responses Re Plaintiff's Request for Production of Documents, Set One (Docket No. 105)(2) Defendant's Motion for Protective Order Covering Its Proprietary and Confidential Warranty Polices and Procedures Manual (Docket No. 104) held before Magistrate Judge Patrick J. Walsh: Before the Court are Plaintiff's motion to compel further responses to her first request for production of documents and Defendant's motion for a protective order covering its proprietary and confidential warranty policies and procedures manual. (Docket Nos. 104, 105.) For the following reasons, the motions are granted in part and denied in part. **PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS** Court Recorder: CS 02/01/2012. (ca)
January 19, 2012 Opinion or Order Filing 116 MINUTES (IN CHAMBERS): ORDER re Daimler AG's Motion to Dismiss Second Amended complaint for failure to state a claim by Judge George H. King granting in part and denying in part #95 Motion to Dismiss: Based on our analysis above, Daimler's Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Daimler's Motion as to Claims One and Three is GRANTED. We conclude that any further amendment would be futile as to these claims. Daimler's Motion as to Claims Two and Four is DENIED. Daimler shall answer Claims Two and Four of the SAC within 14 days hereof. Fed. R. Civ. P. 12(a)(4)(A). (see document for further details) (bm)
January 19, 2012 Opinion or Order Filing 115 MINUTES (IN CHAMBERS) ORDER by Judge George H. King: On the court's own motion, Defendant Danimler AG's Motion to Dismiss Second Amended Complaint #95 , noticed for hearing on 1/23/2012, is TAKEN OFF CALENDAR and will be taken UNDERSUBMISSION without oral argument on that date. FRCP 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (jp)
January 18, 2012 Filing 114 SUPPLEMENT to MOTION to Compel Further Responses re Plaintiff's Requests for Production, Set One #105 (Supplemental Memorandum In Support of Plaintiff's Motion to Compel) filed by Plaintiff Nadia Kas. (Attachments: #1 SUPPLEMENTAL DECLARATION OF GENE WILLIAMS IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES RE REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE)(Williams, Gene)
January 18, 2012 Filing 113 MEMORANDUM in Opposition (SUPPLEMENTAL) to Joint STIPULATION for Protective Order filed by Defendant Mercedes-Benz USA LLC. (ECF Number 104) filed by Plaintiff Nadia Kas. (Williams, Gene)
January 18, 2012 Filing 112 Notice of Withdrawal of Notice of Manual Filing (G-92) #109 filed by Plaintiff Nadia Kas. (Williams, Gene)
January 18, 2012 Filing 111 MEMORANDUM in Support of Mercedes-Benz USA, LLC's Motion for Protective Order Covering its Proprietary and Confidential Warranty Policies and Procedures Manual (Supplemental) filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Declaration of Daniel Edwards ISO MBUSA's MPO)(Knapp, Eric)
January 18, 2012 Filing 110 MEMORANDUM in Opposition to Plaintiff's Motion to Compel (Supplemental) filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF ERIC J. KNAPP IN SUPPORT OF MERCEDES-BENZ USA, LLCS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL, #2 Exhibit #1 to ERIC KNAPP'S SUPPLEMENTAL DECLARATION OF ERIC J. KNAPP IN SUPPORT OF MERCEDES-BENZ USA, LLCS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL, #3 Exhibit #2 to ERIC KNAPP'S SUPPLEMENTAL DECLARATION OF ERIC J. KNAPP IN SUPPORT OF MERCEDES-BENZ USA, LLCS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL)(Knapp, Eric)
January 18, 2012 Filing 109 NOTICE of Manual Filing filed by Plaintiff Nadia Kas of Supplemental Memorandum. (Kim, Sue)
January 11, 2012 Opinion or Order Filing 108 ORDER GRANTING Application to Seal Confidential Warranty Policies and Procedures Manual Pursuant to Local Rule 79-5 by Magistrate Judge Patrick J. Walsh: Good cause appearing, Defendant Mercedes-Benz USA, LLC ("MBUSA")'S request to submit MBUSA's Confidential Warranty Policies and Procedures Manual for in camera review is granted, #107 . (ca)
January 9, 2012 Filing 106 JOINT STIPULATION to MOTION to Compel Further Responses re Plaintiff's Requests for Production, Set One #105 filed by Plaintiff Nadia Kas. (Attachments: #1 Proposed Order)(Williams, Gene)
January 9, 2012 Filing 105 NOTICE OF MOTION AND MOTION to Compel Further Responses re Plaintiff's Requests for Production, Set One filed by Plaintiff Nadia Kas. Motion set for hearing on 2/1/2012 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: #1 Declaration of Gene Williams In Support of Plaintiff's Motion to Compel, #2 Exhibit 1-2 to the Declaration of Gene Williams, #3 Exhibit 3 Part One of Two the the Declaration of Gene Williams, #4 Exhibit 3 Part Two of Two to the Declaration of Gene Williams, #5 Exhibit 4-40 to the Declaration of Gene Williams, #6 Request for Judicial Notice In Support of Plaintiff's Motion to Compel, #7 Exhibit A-D to the Request for Judicial Notice, #8 Declaration of Eric J. Knapp In Opposition to Plaintiff's Motion to Compel, #9 Exhibit A to the Declaration of E. Knapp, #10 Exhibit B to the Declaration of E. Knapp, #11 Exhibit C to the Declaration of E. Knapp, #12 Exhibit D to the Declaration of E. Knapp, #13 Exhibit E to the Declaration of E. Knapp)(Williams, Gene)
January 9, 2012 Filing 104 Joint STIPULATION for Protective Order filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Declaration of Eric J. Knapp, #2 Exhibit to Eric J. Knapp's Declaration, #3 Declaration of Daniel Edwards, #4 Declaration of Gene Williams, #5 Exhibit to Gene Williams' Declaration pages 1-100, #6 Exhibit to Gene Williams' Declaration pages 101-148, #7 Proposed Order re: MERCEDES-BENZ USA, LLCS MOTION FOR PROTECTIVE ORDER COVERING ITS PROPRIETARY AND CONFIDENTIAL WARRANTY POLICIES AND PROCEDURES MANUAL)(Knapp, Eric)
January 9, 2012 Filing 103 REPLY In Support of MOTION to Dismiss Second Amended Complaint for Failure to State a Claim #95 filed by Defendant Daimler, AG. (Yoshino, Troy)
January 6, 2012 Filing 107 APPLICATION for In Camera Submission of Mercedes-Benz USA, LLC's Confidential Warranty Policies and Procedures Manual Pursuant to Local Rule 79-5 filed by Defendant Mercedes-Benz USA LLC. Lodged Proposed Order. (ca)
January 6, 2012 Filing 102 NOTICE of Manual Filing filed by Defendant Mercedes-Benz USA LLC of MBUSA's Warranty Policies and Procedures Manual. (Knapp, Eric)
December 21, 2011 Filing 101 MEMORANDUM in Opposition to MOTION to Dismiss Second Amended Complaint for Failure to State a Claim #95 filed by Plaintiff Nadia Kas. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1-6 to RJN)(Tabesh, Dara)
December 19, 2011 Filing 100 Joint STIPULATION to Continue Dates Set Forth in Scheduling and Case Management Order from 2/13/2012 for Motion for Class Certification & 12/10/2012 for Trial to 4/16/2012 for Motion for Class Certification & 2/11/2013 for Trial Re: Scheduling Order #19 filed by Plaintiff Nadia Kas. (Attachments: #1 Declaration of David M. Medby in Support of Joint Stipulation, #2 Proposed Order)(Medby, David)
December 6, 2011 Filing 99 RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: Entire document is STRICKEN. See Notice of Errata document 97 RE: Attachment # 1 Request for Judicial Notice #93 . (ir)
December 5, 2011 Filing 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #1: Request for Judicial Notice #93 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): A Request for Judicial Notice should be e-filed as a separate, stand-alone document using event Requests-For Judicial Notice. The court notes that a corrected Request was e-filed as document #96 . In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
November 30, 2011 Filing 97 NOTICE OF ERRATA filed by Defendant Daimler, AG. correcting MOTION to Dismiss Second Amended Complaint for Failure to State a Claim #93 (Yoshino, Troy)
November 30, 2011 Filing 96 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Second Amended Complaint for Failure to State a Claim #95 filed by Defendant Daimler, AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yoshino, Troy)
November 30, 2011 Filing 95 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint for Failure to State a Claim filed by Defendant Daimler, AG. Motion set for hearing on 1/23/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order Granting Defendant Daimler AG's Motion to Dismiss Counts I-IV)(Yoshino, Troy)
November 30, 2011 Filing 94 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. Civ. P. 7.1 and L.R. 7.1-1 filed by Defendant Daimler, AG (Yoshino, Troy)
November 30, 2011 Filing 93 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint for Failure to State a Claim filed by Defendant Daimler, AG. Motion set for hearing on 1/23/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Request for Judicial Notice)(Yoshino, Troy) **STRICKEN PURSUANT RESPONSE BY THE COURT FILED 12/6/11**Modified on 12/7/2011 (ir).
November 23, 2011 Filing 92 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #89 by Clerk of Court that the document is accepted as filed. RE: Answer #87 . (bm)
November 15, 2011 Opinion or Order Filing 91 MINUTE ORDER IN CHAMBERS re Order Discharging Order to Show Cause by Judge George H. King: On October 31, 2011, we ordered Plaintiff Nadia Kas to show cause ("OSC") why defendant Daimler AG should not be dismissed for Plaintiff's failure to effect timely service. Plaintiff responded to the OSC on November 9, 2011, explaining that the delay in effectuating service was due to the time needed to obtain certified copies of certain documents, to translate the required documents into German, and for Plaintiff's international process server to serve Daimler AG in Germany. Plaintiff states that service should be complete by February 2012. Our OSC is hereby DISCHARGED. (bm)
November 15, 2011 Filing 90 NOTICE OF CLERICAL ERROR: Due to clerical error the following docket entry has been corrected as indicated below. Re: Notice of Deficiency in Electronically Filed Documents #89 , Filed Date: 11/15/11. Other: deficiency notice should not have been issued as Corporate Disclosure Statement is on the court's docket as document #13 , e-filed on 5/25/11. (bm)
November 15, 2011 Filing 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #87 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
November 15, 2011 Filing 88 STIPULATION Extending Time to Answer the complaint as to Daimler, AG answer now due 11/30/2011, filed by Defendant Daimler, AG.(Yoshino, Troy)
November 14, 2011 Filing 87 ANSWER to Amended Complaint, #46 with JURY DEMAND filed by Defendant Mercedes-Benz USA LLC.(Yoshino, Troy)
November 9, 2011 Filing 86 DECLARATION re Minutes of In Chambers Order/Directive - no proceeding held,, #81 DECLARATION OF GENE WILLIAMS RE ORDER TO SHOW CAUSE REGARDING SERVICE ON DEFENDANT DAIMLER AG filed by Plaintiff Nadia Kas. (Williams, Gene)
November 8, 2011 Opinion or Order Filing 85 MINUTE ORDER (IN CHAMBERS) RE: MOTION TO COMPEL #57 , #65 by Magistrate Judge Patrick J. Walsh: Before the Court are over 200 pages of discovery motions and an accompanying banker's box full of documents, involving what the Courtperceives to be relatively routine discovery matters. (Document Nos. 58, 60.) The Court addresses the motions below-granting them in part and denying them in part--but admonishes counsel to be more circumspect in the future. **PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS** (ca)
November 7, 2011 Filing 84 REPLY in response to Defendant's Objections to Plaintiff's Supplement to her MOTION to Compel Adequate Responses to Plaintiff's Interrogatories, Set One, and Requests For Production of Documents, Set One #65 filed by Plaintiff Nadia Kas. (Kim, Sue)
October 31, 2011 Opinion or Order Filing 83 MINUTES: (In Chambers) Order re: Defendants Motion to Stay Class-Related Discovery: In light of our order denying MBUSAs Motion to Dismiss and Motion to Strike, this Motion to Stay Discovery #62 is DENIED IT IS SO ORDERED by Judge George H. King. (ir)
October 31, 2011 Opinion or Order Filing 82 MINUTES: (In Chambers) Order re: (1) Defendants Motion to Dismiss and Motion toStrike; and (2) Plaintiffs Motion to Strike: MBUSAs Motion to Dismiss #50 is DENIED, MBUSAs Motion to Strike Class Allegations #49 is DENIED, and Plaintiffs Motion to Strike #53 is DENIED as moot. MBUSA shall answer the SAC within 14 days hereof. Fed. R. Civ. P. 12(a)(4)(A) IT IS SO ORDERED by Judge George H. King. (ir)
October 31, 2011 Opinion or Order Filing 81 MINUTE: (In Chambers) Order to Show Cause: On July 27, 2011, we granted Plaintiff Nadia Kass Application for an Order Appointing International Process Server (Dkt. No. 32) to serve Defendant Daimler AG in Germany. A review of thedocket shows that proof of service has not yet been filed. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing within fourteen (14) days hereof why Daimler, AG should not be dismissed for Plaintiffs failure to effect timely service. If Plaintiff fails to timely and adequately show cause asrequired herein, we will deem Plaintiff to have abandoned the case as to Daimler, AG, and Daimler, AG will be dismissed without prejudice IT IS SO ORDERED by Judge George H. King. (ir)
October 28, 2011 Filing 80 OBJECTIONS to Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #78 (Specifically, Objection to Plaintiff's Request for Judicial Notice (Dkt. No. 78-1) and Declaration of Sue J. Kim (Dkt. No. 78-2) Improperly Submitted with Supplemental Memorandum of Law) filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 27, 2011 Opinion or Order Filing 79 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #49 Motion to Strike ; taking under submission #53 Motion to Strike: This action has been re-assigned to Judge King. On the court's own motion, Defendant Mercedes-Benz USA, LLC's Motion to Dismiss Claims One, Three, and Four in Second Amended Complaint #50 and Motion to Strike Class Allegations in Second Amended Complaint #49 , and Plaintiff's Motion to Strike #53 , noticed for hearing on October 31, 2011, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. (bm)
October 26, 2011 Filing 78 SUPPLEMENT to MOTION to Compel Adequate Responses to Plaintiff's Interrogatories, Set One, and Requests For Production of Documents, Set One #65 filed by Plaintiff Nadia Kas. (Attachments: #1 Request for Judicial Notice and Exhibits 1-9 In Support Thereof In Support of Plaintiff's Supplemental Memorandum In Support of Plaintiff's Motion to Compel, #2 Declaration of Sue J. Kim and Exhibit 1 In Support Thereof In Support of Plaintiff's Supplemental Memorandum In Support of Plaintiff's Motion to Compel)(Kim, Sue)
October 26, 2011 Filing 77 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge George H. King for all further proceedings. Case number will now read CV 11-01032 GHK(PJWx). (rn)
October 26, 2011 Filing 76 SUPPLEMENT to MOTION to Compel LOCAL CIVIL RULE 37-2.1 JOINT STIPULATION RE: MERCEDES-BENZ USA, LLCS FIRST SET OF SPECIAL INTERROGATORIES, FIRST SET OF REQUESTS FOR ADMISSION, AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS #57 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 26, 2011 Filing 75 SUPPLEMENT to MOTION to Compel Adequate Responses to Plaintiff's Interrogatories, Set One, and Requests For Production of Documents, Set One #65 (Specifically, Declaration of Eric J. Knapp in Opposition to Plaintiff's Motion to Compel, Doc. No. 65-6) filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 26, 2011 Filing 74 REPLY in Support of MOTION for Discovery regarding MOTION TO STAY CLASS-RELATED DISCOVERY PENDING RESOLUTION OF MBUSAS MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS RE: PLAINTIFFS SECOND AMENDED COMPLAINT #62 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 25, 2011 Filing 73 NOTICE of New Authority in Support of Plaintiff's Opposition to Defendant's Motion to Strike Class Allegations in Second Amended Complaint filed by Plaintiff Nadia Kas. (Attachments: #1 Exhibit A)(Medby, David)
October 19, 2011 Filing 72 MEMORANDUM in Opposition to MOTION for Discovery regarding MOTION TO STAY CLASS-RELATED DISCOVERY PENDING RESOLUTION OF MBUSAS MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS RE: PLAINTIFFS SECOND AMENDED COMPLAINT #62 filed by Plaintiff Nadia Kas. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to RJN, #3 Exhibit 2 to RJN, #4 Exhibit 3 to RJN, #5 Exhibit 4 to RJN)(Tabesh, Dara)
October 19, 2011 Filing 71 NOTICE OF CLERICAL ERROR: Due to clerical error (Adams, Rosalyn)
October 19, 2011 Filing 70 TRANSCRIPT for proceedings held on 6/13/11, 8:30 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/9/2011. Redacted Transcript Deadline set for 11/19/2011. Release of Transcript Restriction set for 1/17/2012. (Adams, Rosalyn)
October 17, 2011 Filing 69 OPPOSITION TO PLAINTIFFS MOTION TO STRIKE MBUSA'S MOTION TO DISMISS AS TO PLAINTIFF'S CLAIMS ONE AND THREE filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 17, 2011 Filing 68 REPLY in Support of MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) #50 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 17, 2011 Filing 67 REPLY in Support of MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof #49 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
October 12, 2011 Filing 66 JOINT STIPULATION to MOTION to Compel Adequate Responses to Plaintiff's Interrogatories, Set One, and Requests For Production of Documents, Set One #65 filed by Plaintiff Nadia Kas. (Attachments: #1 Proposed Order Granting Plaintiff's Motion to Compel)(Medby, David)
October 12, 2011 Filing 65 NOTICE OF MOTION AND MOTION to Compel Adequate Responses to Plaintiff's Interrogatories, Set One, and Requests For Production of Documents, Set One filed by plaintiff Nadia Kas. Motion set for hearing on 11/9/2011 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: #1 Declaration of David M. Medby In Support of Motion to Compel, #2 Exhibits 1-6 to the Declaration of David M. Medby, #3 Part 1 of 2 to Exhibit 7 to the Declaration of David M. Medby, #4 Part 2 of 2 to the Exhibit of David M. Medby, #5 Exhibits 8-20 to the Declaration of David M. Medby, #6 Declaration of Eric J. Knapp In Opposition to Plaintiff's Motion to Compel, #7 Exhibits A-C to the Declaration of Eric J. Knapp, #8 Exhibits D-E to the Declaration of Eric J. Knapp, #9 Exhibits F-P to the Declaration of Eric J. Knapp, #10 Request for Judicial Notice In Support of Plaintiff's Motion to Compel, #11 Exhibits 1-7 to the Request for Judicial Notice, #12 Proposed Order Granting Plaintiff's Motion to Compel)(Medby, David)
October 12, 2011 Filing 64 TRANSCRIPT for proceedings held on 6/13/11, 8:30 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494.gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/2/2011. Redacted Transcript Deadline set for 11/12/2011. Release of Transcript Restriction set for 1/10/2012. (Adams, Rosalyn)
October 12, 2011 Filing 63 NOTICE OF LODGING filed re MOTION for Discovery regarding MOTION TO STAY CLASS-RELATED DISCOVERY PENDING RESOLUTION OF MBUSAS MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS RE: PLAINTIFFS SECOND AMENDED COMPLAINT #62 (Attachments: #1 Proposed Order)(Kemner, Matthew)
October 12, 2011 Filing 62 NOTICE OF MOTION AND MOTION for Discovery regarding MOTION TO STAY CLASS-RELATED DISCOVERY PENDING RESOLUTION OF MBUSAS MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS RE: PLAINTIFFS SECOND AMENDED COMPLAINT filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 11/9/2011 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Kemner, Matthew)
October 11, 2011 Filing 61 NOTICE OF ERRATA filed by Defendant Mercedes-Benz USA LLC. correcting Joint Stipulation re Discovery Motion,, #58 (Kemner, Matthew)
October 11, 2011 Filing 60 JOINT STIPULATION to MOTION to Compel LOCAL CIVIL RULE 37-2.1 JOINT STIPULATION RE: MERCEDES-BENZ USA, LLCS FIRST SET OF SPECIAL INTERROGATORIES, FIRST SET OF REQUESTS FOR ADMISSION, AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS #57 COMPLETE LOCAL CIVIL RULE 37-2.1 JOINT STIPULATION filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Exhibit Complete Exh. D, #2 Exhibit Complete Exh. E, #3 Exhibit Complete Exh. G, #4 Exhibit Complete Exh. I, #5 Exhibit Complete Exh. K)(Kemner, Matthew)
October 11, 2011 Filing 59 DECLARATION of Payam Shahian in response to Defendant's Notice of Plaintiff's Failure to Timely Oppose Mercedes Benz, LLC's Motion to Dismiss and Motion to Strike Class Allegations re: Plaintiff's Second Amended Complaint (linked to) MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) #50 , MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof #49 filed by Plaintiff Nadia Kas. (Attachments: #1 Exhibit A to the Declaration of Payam Shahian)(Shahian, Payam)
October 11, 2011 Filing 58 JOINT STIPULATION to MOTION to Compel LOCAL CIVIL RULE 37-2.1 JOINT STIPULATION RE: MERCEDES-BENZ USA, LLCS FIRST SET OF SPECIAL INTERROGATORIES, FIRST SET OF REQUESTS FOR ADMISSION, AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS #57 filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Declaration Knapp's Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Declaration Williams' Declaration, #14 Exhibit Williams' Ex. 1-8)(Kemner, Matthew)
October 11, 2011 Filing 57 NOTICE OF MOTION AND MOTION to Compel LOCAL CIVIL RULE 37-2.1 JOINT STIPULATION RE: MERCEDES-BENZ USA, LLCS FIRST SET OF SPECIAL INTERROGATORIES, FIRST SET OF REQUESTS FOR ADMISSION, AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS filed by defendant Mercedes-Benz USA LLC. Motion set for hearing on 11/9/2011 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Kemner, Matthew)
October 11, 2011 Filing 56 NOTICE OF LODGING filed Proposed Order Granting Plaintiff's Motion to Strike Docket Item Number 53 (Attachments: #1 Proposed Order Granting Plaintiff's Motion to Strike Defendant's Improper Motion to Dismiss as to Plaintiff's Claims One and Three in the Second Amended Complaint)(Kim, Sue)
October 11, 2011 Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. RE: Notice of Motion and Motion to Strike #53 . The following error(s) was found: (1) Hearing information is not timely. (2) Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (jp)
October 10, 2011 Filing 54 MEMORANDUM in Opposition to MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof #49 filed by Plaintiff Nadia Kas. (Williams, Gene)
October 10, 2011 Filing 53 NOTICE OF MOTION AND MOTION to Strike Defendant's Improper Motion to Dismiss MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) #50 filed by plaintiff Nadia Kas. Motion set for hearing on 10/31/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Williams, Gene)
October 10, 2011 Filing 52 MEMORANDUM in Opposition to MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) #50 filed by Plaintiff Nadia Kas. (Williams, Gene)
October 10, 2011 Filing 51 NOTICE Plaintiff's Failure to Timely Oppose Mercedes-Benz USA, LLC's Motion to Dismiss (Docket No. 50) and Motion to Strike Class Allegations (Docket No. 49) re: Plaintiff's Second Amended Complaint filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Declaration)(Yoshino, Troy)
October 3, 2011 Filing 50 NOTICE OF MOTION AND MOTION to Dismiss Claims One, Three, and Four in the Second Amended Complaint (Doc. No. 46) filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 10/31/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Exhibit 1, #2 Proposed Order Granting MBUSA's Motion to Dismiss)(Yoshino, Troy)
October 3, 2011 Filing 49 NOTICE OF MOTION AND MOTION to Strike Class Allegations in the Amended Complaint, #46 (Second Amended Complaint); Memorandum of Points and Authorities in Support Thereof filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 10/31/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Exhibit 1, #2 Proposed Order Granting MBUSA's Motion to Strike Class Allegations in the Second Amended Complaint)(Yoshino, Troy)
September 22, 2011 Opinion or Order Filing 48 STIPULATED ORDER ESTABLISHING DOCUMENT DISCOVERY PROTOCOL (Please note Court's comments on page 12.) by Magistrate Judge Patrick J. Walsh, re Notice of Lodging, #47 . **PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS** (ca)
September 20, 2011 Filing 47 NOTICE OF LODGING filed of [Proposed] Stipulated Order Establishing Document Discovery Protocol re Joint Report Rule 26(f) Discovery Plan #16 , Scheduling Conference, Set/Reset Deadlines/Hearings #18 (Attachments: #1 [Proposed] Stipulated Order Establishing Document Discovery Protocol)(Kim, Sue)
September 13, 2011 Filing 46 SECOND AMENDED COMPLAINT against defendants Daimler, AG, Mercedes-Benz USA LLC amending First Amended Complaint #21 with JURY DEMAND, filed by plaintiff Nadia Kas. (jp) (Additional attachment(s) added on 9/14/2011: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service) (jp).
August 23, 2011 Opinion or Order Filing 45 MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: granting in part and denying in part #29 MOTION to Strike Class Allegations in the First Amended Complaint #29 (se)
August 23, 2011 Opinion or Order Filing 44 MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: granting in part and denying in part #28 Motion to Dismiss. Plaintiff has 21 days within which to MANUALLY file and serve a Second Amended Complaint. MBUSA shall file and serve a response no later than 21 days from the date of service of the Second Amended Complaint. (se)
August 22, 2011 Filing 43 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Improper Sur-Reply Objection/Opposition (Motion related), Objection/Opposition (Motion related) #42 TO (1) DEFENDANTS SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS REPLIES AND (2) STATUTE OF LIMITATION ARGUMENT NOT RAISED IN DEFENDANTS MOTION TO DISMISS filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 8/29/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Yoshino, Troy)
August 19, 2011 Filing 42 OBJECTION in Opposition to Defendant's Supplemental Request for Judicial Notice re: MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof #28 filed by Plaintiff Nadia Kas. (Shahian, Payam)
August 18, 2011 Filing 41 NOTICE of Change of Attorney Information for attorney Gene F Williams counsel for Plaintiff Nadia Kas. Adding Gene Williams as attorney as counsel of record for Nadia Kas for the reason indicated in the G-06 Notice. Filed by Plaintiff Nadia Kas (Williams, Gene)
August 18, 2011 Filing 40 NOTICE of Association of Counsel associating attorney Gene Williams, David M. Medby, and Sue J.Kim on behalf of Plaintiff Nadia Kas. Filed by Plaintiff Nadia Kas (Shahian, Payam)
August 15, 2011 Filing 39 REQUEST FOR JUDICIAL NOTICE re MOTION to Strike Class Allegations in the First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof #29 , MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof #28 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS REPLIES IN SUPPORT OF ITS MOTIONS (1) TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM and (2) TO STRIKE CLASS ALLEGATIONS IN THE FIRST AMENDED COMPLAINT filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Exhibit J)(Yoshino, Troy)
August 15, 2011 Filing 38 REPLY filed by Defendant Mercedes-Benz USA LLC to Request for Judicial Notice, Request for Relief,,,,,,, #30 , Memorandum of Points and Authorities in Opposition (non-motion) #35 in Support of Mercedes-Benz USA LLC's Request for Judicial Notice (Yoshino, Troy)
August 15, 2011 Filing 37 REPLY in Support of MOTION to Strike Class Allegations in the First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof #29 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
August 15, 2011 Filing 36 REPLY in Support of MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof #28 filed by Defendant Mercedes-Benz USA LLC. (Yoshino, Troy)
August 2, 2011 Filing 35 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Nadia Kas. Opposition to Request for Judicial Notice Re: Request for Judicial Notice, Request for Relief,,,,,,, #30 (Tabesh, Dara)
August 1, 2011 Filing 34 OPPOSITION to MOTION to Strike Class Allegations in the First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof #29 filed by Plaintiff Nadia Kas. (Tabesh, Dara)
August 1, 2011 Filing 33 MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof #28 filed by Plaintiff Nadia Kas. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice, #4 Exhibit 3 to Request for Judicial Notice)(Tabesh, Dara)
July 27, 2011 Opinion or Order Filing 32 ORDER by Judge Valerie Baker Fairbank. The Court having considered Plaintiff's Application for an Order Appointing International Process Server #23 . Pursuant to Chapter 1, Article 3 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Mattersdeveloped at the Tenth Session of the Hague Conference on Private InternationalLaw on 15 November, 1965 (the "Hague Convention"), and for good cause shown, the Court hereby appoints and authorizes APS International, Ltd., 7800Glenroy Road, Minneapolis, MN 55439, and its agents, to effect service of process on Defendant Daimler AG in Germany. (jp)
July 20, 2011 Filing 31 MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: COURT ORDER MOOTING Defendants Motion to Strike #11 and Motion to Dismiss #12 . The Court hereby takes the hearings on Defendant's Motions relating to the original Complaint (dkts. #11, 12) off calendar as moot. Defendant's Motion to Dismiss the First Amended Complaint (dkt. #28 ) and Motion to Strike Class Allegations in First Amended Complaint (dkt. #29 ) remain on calendar for 8/29/2011 at 1:30 PM. (jp)
July 19, 2011 Filing 30 REQUEST FOR JUDICIAL NOTICE re MOTION to Strike Class Allegations in the First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof #29 , MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof #28 filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Yoshino, Troy)
July 19, 2011 Filing 29 NOTICE OF MOTION AND MOTION to Strike Class Allegations in the First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 8/29/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order Granting Motion to Strike Class Allegations in the First Amended Complaint)(Yoshino, Troy)
July 19, 2011 Filing 28 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint for Failure to State a Claim ; Memorandum of Points and Authorities in Support Thereof filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 8/29/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order Granting Motion to Dismiss First Amended Complaint for Failure to State a Claim)(Yoshino, Troy)
July 14, 2011 Opinion or Order Filing 27 ORDER by Judge Valerie Baker Fairbank: granting #25 Application to Appear Pro Hac Vice by Attorney David Mazie on behalf of plaintiff Nadia Kas, designating Payam Shahian as local counsel. (se)
July 14, 2011 Opinion or Order Filing 26 ORDER by Judge Valerie Baker Fairbank: granting #24 Application to Appear Pro Hac Vice by Attorney Eric Katz on behalf of plaintiff Nadia Kas, designating Payam Shahian as local counsel. (se)
July 13, 2011 Filing 25 APPLICATION for attorney David A. Mazie to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8932877 paid.) filed by Plaintiff Nadia Kas. (Attachments: #1 Attachment A to Application, #2 Order, #3 Certificate of Good Standing)(Tabesh, Dara)
July 13, 2011 Filing 24 APPLICATION for attorney Eric D. Katz to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8932876 paid.) filed by Plaintiff Nadia Kas. (Attachments: #1 Attachment A to Application, #2 Order, #3 Certificate of Good Standing)(Tabesh, Dara)
July 12, 2011 Filing 23 APPLICATION for Order for Appointing International Process Server filed by Plaintiff Nadia Kas. (Attachments: #1 Proposed Order Appointing International Process Server)(Tabesh, Dara)
July 5, 2011 Opinion or Order Filing 22 PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh GRANTING Stipulation for Protective Order, #20 . (ca)
July 5, 2011 Filing 21 FIRST AMENDED CLASS ACTION COMPLAINT against defendants Mercedes-Benz USA LLC, Daimler, AG amending Complaint - (Discovery) #1 Jury demandfiled by plaintiff Nadia Kas (lc) (Additional attachment(s) added on 7/6/2011: #1 21 Days summons Issued) (jp).
July 5, 2011 21 DAY Summons Issued re Amended Complaint #21 as to Defendants Daimler, AG, Mercedes-Benz USA LLC. (lc)
July 1, 2011 Filing 20 Joint STIPULATION for Protective Order filed by Defendant Mercedes-Benz USA LLC.(Yoshino, Troy)
June 13, 2011 Opinion or Order Filing 19 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Valerie Baker Fairbank. (kbr)
June 13, 2011 Filing 18 MINUTES OF Scheduling Conference held before Judge Valerie Baker Fairbank. Jury Trial set for 12/10/2012 at 8:30 AM; Final Pretrial Conference set for 11/9/2012 at 2:30 PM. Court Reporter: Rosalyn Adams. (kbr)
June 10, 2011 Filing 17 STIPULATION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 filed by Attorney for Defendant Mercedes-Benz USA LLC.(Yoshino, Troy)
May 31, 2011 Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12 days, filed by Defendant Mercedes-Benz USA LLC.. (Yoshino, Troy)
May 31, 2011 Filing 15 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendant Mercedes-Benz USA LLC (Attachments: #1 Proposed Order ADR-01 Order)(Yoshino, Troy)
May 25, 2011 Filing 14 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Failure to State a Claim #12 , MOTION to Strike Class Action Allegations #11 filed by Defendant Mercedes-Benz USA LLC. (Attachments: #1 Exhibit Exhibit A to Request for Judicial Notice, #2 Exhibit Exhibit B to Request for Judicial Notice, #3 Exhibit Exhibit C to Request for Judicial Notice, #4 Exhibit Exhibit D to Request for Judicial Notice, #5 Exhibit Exhibit E to Request for Judicial Notice, #6 Exhibit Exhibit F to Request for Judicial Notice, #7 Exhibit Exhibit G to Request for Judicial Notice, #8 Exhibit Exhibit H to Request for Judicial Notice)(Yoshino, Troy)
May 25, 2011 Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Defendant Mercedes-Benz USA LLC identifying Daimler North America Corporation as Corporate Parent. (Yoshino, Troy)
May 25, 2011 Filing 12 NOTICE OF MOTION AND MOTION to Dismiss for Failure to State a Claim filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 7/25/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order Proposed Order Granting MBUSA's Motion to Dismiss for Failure to State a Claim)(Yoshino, Troy)
May 25, 2011 Filing 11 NOTICE OF MOTION AND MOTION to Strike Class Action Allegations filed by Defendant Mercedes-Benz USA LLC. Motion set for hearing on 7/25/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order Proposed Order Granting MBUSA's Motion to Strike Class Allegations)(Yoshino, Troy)
May 16, 2011 Filing 10 MINUTE IN CHAMBERS by Judge Valerie Baker Fairbank: COURT ORDER RE Stipulation to Extend Time to Respond to initial Complaint By Not More Than 30 Days and Stipulation to Extend Related Dates #9 . With respect to the stipulation to extend time to respond to the initial complaint by 21 days, such stipulation need not be approved by the Court to take effect. See L.R. 8-3. With respect to the stipulation to extend dates for filing opposition and reply papers to pre-answer motions, the Court does not find good cause for altering the Federal Rules of Civil Procedure and local rules. With respect to the agreement to extend dates for filing the class certification motion and related papers, the Court will address such scheduling issues at the scheduling conference on 6/13/2011. (jp)
May 3, 2011 Filing 9 First STIPULATION for Extension of Time to File Response to Complaint and related documents filed by Plaintiff Nadia Kas. (Attachments: #1 Proposed Order re Extension of Time to File Response to Complaint and related documents)(Tabesh, Dara)
April 15, 2011 Opinion or Order Filing 8 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank. Counsel are hereby notified that a Scheduling Conference has been set for June 13, 2011 at 8:30 a.m. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before May 31, 2011. (kbr)
April 14, 2011 Filing 7 PROOF OF SERVICE Executed by Plaintiff Nadia Kas, upon Defendant Mercedes-Benz USA LLC served on 4/13/2011, answer due 5/4/2011. Service of the Summons and Complaint were executed upon Maria Sanchez - authorized agent for service of process in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Rose, Adam)
February 7, 2011 Opinion or Order Filing 6 STANDING ORDER by Judge Valerie Baker Fairbank (se)
February 3, 2011 Filing 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to David A Mazie for Plaintiff Nadia Kas. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa)
February 3, 2011 Filing 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Matthew R Mendelsohn for Plaintiff Nadia Kas. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa)
February 2, 2011 Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Plaintiff Nadia Kas. (esa) (ds).
February 2, 2011 Filing 2 DEMAND for Jury Trial filed by plaintiff Nadia Kas.(esa) (ds).
February 2, 2011 Filing 1 CLASS ACTION COMPLAINT against defendant Mercedes-Benz USA LLC. Case assigned to Judge Valerie Baker Fairbank for all further proceedings; Discovery referred to Magistrate Judge Patrick J Walsh; (Filing fee $ 350 PAID); Jury Demanded; filed by plaintiff Nadia Kas.(esa) (ds).
February 2, 2011 21 DAY Summons Issued re Complaint - (Discovery) #1 as to defendant Mercedes-Benz USA LLC. (esa)

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Search for this case: Nadia Kas v. Mercedes-Benz USA LLC
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Defendant: Mercedes-Benz USA LLC
Represented By: Garrett Sanderson, III
Represented By: Troy M Yoshino
Represented By: Matthew J Kemner
Represented By: Eric J Knapp
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Defendant: Daimler, AG
Represented By: Garrett Sanderson, III
Represented By: Troy M Yoshino
Represented By: Matthew J Kemner
Represented By: Eric J Knapp
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Plaintiff: Nadia Kas
Represented By: Gene F Williams
Represented By: David Michael Medby
Represented By: Eric D Katz
Represented By: Robert L Starr
Represented By: David A Mazie
Represented By: Victoria Bree Rivapalacio
Represented By: Dara Tabesh
Represented By: Matthew R Mendelsohn
Represented By: Payam Shahian
Represented By: Sue Kim Leung
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Petitioner: Miller-DM, Inc.
Represented By: Steven Reed Berardino
Represented By: Anthony A Molino
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